This document includes Senate 2nd Reading Floor Amendments incorporated into the bill on Thu, Feb 2, 2023 at 2:57 PM by lpoole.
This document includes Senate 3rd Reading Floor Amendments incorporated into the bill on Fri, Feb 3, 2023 at 2:56 PM by lpoole.
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8 LONG TITLE
9 General Description:
10 This bill moves responsibilities regarding emergency medical services from the
11 Department of Health and Human Services to the Department of Public Safety.
12 Highlighted Provisions:
13 This bill:
14 ▸ moves responsibilities and oversight regarding emergency medical services from the
15 Department of Health and Human Services to the Department of Public Safety;
16 ▸ establishes the Bureau of Emergency Medical Services in statute; and
17 ▸ makes technical changes.
18 Money Appropriated in this Bill:
19 None
20 Other Special Clauses:
21 This bill provides a special effective date.
22 This bill provides revisor instructions.
23 Utah Code Sections Affected:
24 AMENDS:
25 10-2-425, as last amended by Laws of Utah 2019, Chapter 159
26 11-48-103, as enacted by Laws of Utah 2021, Chapter 265
27 17B-2a-902, as last amended by Laws of Utah 2014, Chapter 189
28 26-6b-2, as last amended by Laws of Utah 2006, Chapter 185
29 26-9-4, as last amended by Laws of Utah 2017, Chapter 199
30 26-18-26, as enacted by Laws of Utah 2019, Chapter 265
31 26-21-32, as enacted by Laws of Utah 2019, Chapter 262
32 26-21-209, as last amended by Laws of Utah 2015, Chapter 307
33 26-23-6, as last amended by Laws of Utah 2022, Chapter 457
34 26-37a-102, as last amended by Laws of Utah 2016, Chapter 348
35 26-55-102, as last amended by Laws of Utah 2017, Chapter 392
36 26B-1-204, as renumbered and amended by Laws of Utah 2022, Chapter 255
37 34-55-102, as enacted by Laws of Utah 2019, Chapter 126
38 34A-2-102, as last amended by Laws of Utah 2019, Chapter 121
39 39-1-64, as enacted by Laws of Utah 2004, Chapter 82
40 41-1a-230.7, as enacted by Laws of Utah 2021, Chapter 395
41 41-6a-523, as last amended by Laws of Utah 2019, Chapter 349
42 53-1-104, as last amended by Laws of Utah 2013, Chapter 295
43 53-10-405, as last amended by Laws of Utah 2019, Chapter 349
44 53-21-101, as enacted by Laws of Utah 2022, Chapter 114
45 58-1-307, as last amended by Laws of Utah 2020, Chapter 339
46 58-1-509, as enacted by Laws of Utah 2019, Chapter 346
47 58-37-8, as last amended by Laws of Utah 2022, Chapters 116, 415 and 430
48 59-12-801, as last amended by Laws of Utah 2014, Chapter 50
49 62A-15-629, as last amended by Laws of Utah 2022, Chapters 341, 374
50 62A-15-1401, as last amended by Laws of Utah 2020, Chapter 303
51 63I-1-226, as last amended by Laws of Utah 2022, Chapters 194, 206, 224, 253, 255,
52 347, and 451
53 63I-1-253, as last amended by Laws of Utah 2022, Chapters 10, 30, 31, 172, 173, 194,
54 218, 224, 229, 236, 254, 274, and 414
55 63I-2-226, as last amended by Laws of Utah 2022, Chapters 255, 365
56 63I-2-253, as last amended by Laws of Utah 2022, Chapters 208, 229, 274, 354, 370,
57 and 409
58 63J-1-602.2, as last amended by Laws of Utah 2022, Chapters 59, 68, 154, 224, 236,
59 242, and 447 and last amended by Coordination Clause, Laws of Utah 2022,
60 Chapter 154
61 63M-7-209, as last amended by Laws of Utah 2022, Chapter 36
62 67-20-2, as last amended by Laws of Utah 2022, Chapters 346, 347 and last amended
63 by Coordination Clause, Laws of Utah 2022, Chapter 347
64 72-10-502, as last amended by Laws of Utah 2018, Chapter 35
65 76-3-203.11, as last amended by Laws of Utah 2020, Chapter 131
66 76-5-102.7, as last amended by Laws of Utah 2022, Chapters 117, 181
67 77-23-213, as last amended by Laws of Utah 2019, Chapter 349
68 78A-6-209, as last amended by Laws of Utah 2022, Chapters 335, 430
69 78B-4-501, as last amended by Laws of Utah 2018, Chapter 62
70 78B-5-902, as last amended by Laws of Utah 2022, Chapter 255
71 78B-5-904, as enacted by Laws of Utah 2021, Chapter 208
72 78B-8-401, as last amended by Laws of Utah 2020, Fifth Special Session, Chapter 16
73 80-3-404, as last amended by Laws of Utah 2022, Chapters 255, 334
74 80-3-504, as enacted by Laws of Utah 2022, Chapter 334
75 ENACTS:
76 53-2d-102, Utah Code Annotated 1953
77 RENUMBERS AND AMENDS:
78 53-2d-101, (Renumbered from 26-8a-102, as last amended by Laws of Utah 2022,
79 Chapters 255, 351 and 404)
80 53-2d-103, (Renumbered from 26-8a-105, as last amended by Laws of Utah 2019,
81 Chapter 265)
82 53-2d-104, (Renumbered from 26-8a-103, as last amended by Laws of Utah 2022,
83 Chapter 255)
84 53-2d-105, (Renumbered from 26-8a-104, as last amended by Laws of Utah 2021,
85 Chapters 237, 265)
86 53-2d-106, (Renumbered from 26-8a-106, as last amended by Laws of Utah 2017,
87 Chapter 326)
88 53-2d-107, (Renumbered from 26-8a-107, as last amended by Laws of Utah 2022,
89 Chapter 255)
90 53-2d-108, (Renumbered from 26-8a-108, as last amended by Laws of Utah 2021,
91 Chapter 395)
92 53-2d-201, (Renumbered from 26-8a-201, as enacted by Laws of Utah 1999, Chapter
93 141)
94 53-2d-202, (Renumbered from 26-8a-202, as enacted by Laws of Utah 1999, Chapter
95 141)
96 53-2d-203, (Renumbered from 26-8a-203, as last amended by Laws of Utah 2022,
97 Chapter 387)
98 53-2d-204, (Renumbered from 26-8a-204, as enacted by Laws of Utah 1999, Chapter
99 141)
100 53-2d-205, (Renumbered from 26-8a-205, as enacted by Laws of Utah 1999, Chapter
101 141)
102 53-2d-206, (Renumbered from 26-8a-206, as last amended by Laws of Utah 2021,
103 Chapter 208)
104 53-2d-207, (Renumbered from 26-8a-207, as last amended by Laws of Utah 2020,
105 Chapters 215, 230)
106 53-2d-208, (Renumbered from 26-8a-208, as last amended by Laws of Utah 2022,
107 Chapter 255)
108 53-2d-209, (Renumbered from 26-8a-210, as enacted by Laws of Utah 2020, Chapter
109 215)
110 53-2d-210, (Renumbered from 26-8a-211, as enacted by Laws of Utah 2020, Chapter
111 215)
112 53-2d-211, (Renumbered from 26-8a-212, as enacted by Laws of Utah 2022, Chapter
113 404)
114 53-2d-301, (Renumbered from 26-8a-250, as enacted by Laws of Utah 2000, Chapter
115 305)
116 53-2d-302, (Renumbered from 26-8a-251, as last amended by Laws of Utah 2019,
117 Chapter 349)
118 53-2d-303, (Renumbered from 26-8a-252, as enacted by Laws of Utah 2000, Chapter
119 305)
120 53-2d-304, (Renumbered from 26-8a-253, as last amended by Laws of Utah 2011,
121 Chapter 297)
122 53-2d-305, (Renumbered from 26-8a-254, as enacted by Laws of Utah 2000, Chapter
123 305)
124 53-2d-401, (Renumbered from 26-8a-301, as last amended by Laws of Utah 2021,
125 Chapter 237)
126 53-2d-402, (Renumbered from 26-8a-302, as last amended by Laws of Utah 2022,
127 Chapters 255, 460)
128 53-2d-403, (Renumbered from 26-8a-303, as last amended by Laws of Utah 2019,
129 Chapter 265)
130 53-2d-404, (Renumbered from 26-8a-304, as last amended by Laws of Utah 2019,
131 Chapter 265)
132 53-2d-405, (Renumbered from 26-8a-305, as enacted by Laws of Utah 1999, Chapter
133 141)
134 53-2d-406, (Renumbered from 26-8a-306, as last amended by Laws of Utah 2021,
135 Chapter 237)
136 53-2d-407, (Renumbered from 26-8a-307, as last amended by Laws of Utah 2021,
137 Chapter 208)
138 53-2d-408, (Renumbered from 26-8a-308, as last amended by Laws of Utah 2017,
139 Chapter 326)
140 53-2d-409, (Renumbered from 26-8a-309, as enacted by Laws of Utah 1999, Chapter
141 141)
142 53-2d-410, (Renumbered from 26-8a-310, as last amended by Laws of Utah 2022,
143 Chapters 255, 335 and 415)
144 53-2d-410.5, (Renumbered from 26-8a-310.5, as enacted by Laws of Utah 2021,
145 Chapter 237)
146 53-2d-501, (Renumbered from 26-8a-401, as last amended by Laws of Utah 2021,
147 Chapter 265)
148 53-2d-502, (Renumbered from 26-8a-402, as last amended by Laws of Utah 2021,
149 Chapter 265)
150 53-2d-503, (Renumbered from 26-8a-403, as last amended by Laws of Utah 2006,
151 Chapter 209)
152 53-2d-504, (Renumbered from 26-8a-404, as last amended by Laws of Utah 2022,
153 Chapter 351)
154 53-2d-505, (Renumbered from 26-8a-405, as last amended by Laws of Utah 2019,
155 Chapter 390)
156 53-2d-505.1, (Renumbered from 26-8a-405.1, as last amended by Laws of Utah 2021,
157 Chapter 265)
158 53-2d-505.2, (Renumbered from 26-8a-405.2, as last amended by Laws of Utah 2011,
159 Chapter 297)
160 53-2d-505.3, (Renumbered from 26-8a-405.3, as last amended by Laws of Utah 2021,
161 Chapter 355)
162 53-2d-505.4, (Renumbered from 26-8a-405.4, as last amended by Laws of Utah 2021,
163 Chapter 265)
164 53-2d-505.5, (Renumbered from 26-8a-405.5, as last amended by Laws of Utah 2021,
165 Chapter 265)
166 53-2d-506, (Renumbered from 26-8a-406, as last amended by Laws of Utah 2011,
167 Chapter 297)
168 53-2d-507, (Renumbered from 26-8a-407, as last amended by Laws of Utah 2008,
169 Chapter 382)
170 53-2d-508, (Renumbered from 26-8a-408, as last amended by Laws of Utah 2017,
171 Chapter 326)
172 53-2d-509, (Renumbered from 26-8a-409, as last amended by Laws of Utah 2017,
173 Chapter 326)
174 53-2d-510, (Renumbered from 26-8a-410, as last amended by Laws of Utah 2011,
175 Chapter 297)
176 53-2d-511, (Renumbered from 26-8a-411, as last amended by Laws of Utah 2003,
177 Chapter 213)
178 53-2d-512, (Renumbered from 26-8a-412, as enacted by Laws of Utah 1999, Chapter
179 141)
180 53-2d-513, (Renumbered from 26-8a-413, as last amended by Laws of Utah 2022,
181 Chapter 274)
182 53-2d-514, (Renumbered from 26-8a-414, as last amended by Laws of Utah 2008,
183 Chapter 382)
184 53-2d-515, (Renumbered from 26-8a-415, as enacted by Laws of Utah 1999, Chapter
185 141)
186 53-2d-516, (Renumbered from 26-8a-416, as last amended by Laws of Utah 2022,
187 Chapter 351)
188 53-2d-601, (Renumbered from 26-8a-501, as last amended by Laws of Utah 2017,
189 Chapter 326)
190 53-2d-602, (Renumbered from 26-8a-502, as last amended by Laws of Utah 2021,
191 Chapter 237)
192 53-2d-602.1, (Renumbered from 26-8a-502.1, as enacted by Laws of Utah 2022,
193 Chapter 457)
194 53-2d-603, (Renumbered from 26-8a-503, as last amended by Laws of Utah 2019,
195 Chapter 346)
196 53-2d-604, (Renumbered from 26-8a-504, as last amended by Laws of Utah 2008,
197 Chapter 382)
198 53-2d-605, (Renumbered from 26-8a-505, as enacted by Laws of Utah 1999, Chapter
199 141)
200 53-2d-606, (Renumbered from 26-8a-506, as last amended by Laws of Utah 2017,
201 Chapter 326)
202 53-2d-607, (Renumbered from 26-8a-507, as enacted by Laws of Utah 1999, Chapter
203 141)
204 53-2d-701, (Renumbered from 26-8a-601, as last amended by Laws of Utah 2021,
205 Chapter 237)
206 53-2d-702, (Renumbered from 26-8a-602, as enacted by Laws of Utah 2019, Chapter
207 262)
208 53-2d-703, (Renumbered from 26-8a-603, as enacted by Laws of Utah 2022, Chapter
209 347)
210 53-2d-801, (Renumbered from 26-8b-201, as enacted by Laws of Utah 2009, Chapter
211 22)
212 53-2d-802, (Renumbered from 26-8b-202, as enacted by Laws of Utah 2009, Chapter
213 22)
214 53-2d-803, (Renumbered from 26-8b-301, as last amended by Laws of Utah 2013,
215 Chapter 98)
216 53-2d-804, (Renumbered from 26-8b-302, as enacted by Laws of Utah 2009, Chapter
217 22)
218 53-2d-805, (Renumbered from 26-8b-303, as last amended by Laws of Utah 2013,
219 Chapter 98)
220 53-2d-806, (Renumbered from 26-8b-401, as enacted by Laws of Utah 2009, Chapter
221 22)
222 53-2d-807, (Renumbered from 26-8b-402, as enacted by Laws of Utah 2013, Chapter
223 98)
224 53-2d-808, (Renumbered from 26-8b-501, as enacted by Laws of Utah 2013, Chapter
225 98)
226 53-2d-809, (Renumbered from 26-8b-602, as last amended by Laws of Utah 2014,
227 Chapter 109)
228 53-2d-901, (Renumbered from 26-8d-102, as enacted by Laws of Utah 2018, Chapter
229 104)
230 53-2d-902, (Renumbered from 26-8d-103, as enacted by Laws of Utah 2018, Chapter
231 104)
232 53-2d-903, (Renumbered from 26-8d-104, as last amended by Laws of Utah 2019,
233 Chapter 349)
234 53-2d-904, (Renumbered from 26-8d-105, as last amended by Laws of Utah 2019,
235 Chapter 349)
236 53-2e-101, (Renumbered from 26-8c-102, as enacted by Laws of Utah 2016, Chapter
237 97)
238 REPEALS:
239 26-8a-101, as enacted by Laws of Utah 1999, Chapter 141
240 26-8b-101, as enacted by Laws of Utah 2009, Chapter 22
241 26-8b-102, as last amended by Laws of Utah 2015, Chapter 411
242 26-8b-601, as enacted by Laws of Utah 2013, Chapter 99
243 26-8c-101, as enacted by Laws of Utah 2016, Chapter 97
244 26-8d-101, as enacted by Laws of Utah 2018, Chapter 104
245
246 Be it enacted by the Legislature of the state of Utah:
247 Section 1. Section 10-2-425 is amended to read:
248 10-2-425. Filing of notice and plat -- Recording and notice requirements --
249 Effective date of annexation or boundary adjustment.
250 (1) The legislative body of each municipality that enacts an ordinance under this part
251 approving the annexation of an unincorporated area or the adjustment of a boundary, or the
252 legislative body of an eligible city, as defined in Section 10-2a-403, that annexes an
253 unincorporated island upon the results of an election held in accordance with Section
254 10-2a-404, shall:
255 (a) within 60 days after enacting the ordinance or the day of the election or, in the case
256 of a boundary adjustment, within 60 days after each of the municipalities involved in the
257 boundary adjustment has enacted an ordinance, file with the lieutenant governor:
258 (i) a notice of an impending boundary action, as defined in Section 67-1a-6.5, that
259 meets the requirements of Subsection 67-1a-6.5(3); and
260 (ii) a copy of an approved final local entity plat, as defined in Section 67-1a-6.5;
261 (b) upon the lieutenant governor's issuance of a certificate of annexation or boundary
262 adjustment, as the case may be, under Section 67-1a-6.5:
263 (i) if the annexed area or area subject to the boundary adjustment is located within the
264 boundary of a single county, submit to the recorder of that county the original notice of an
265 impending boundary action, the original certificate of annexation or boundary adjustment, the
266 original approved final local entity plat, and a certified copy of the ordinance approving the
267 annexation or boundary adjustment; or
268 (ii) if the annexed area or area subject to the boundary adjustment is located within the
269 boundaries of more than a single county:
270 (A) submit to the recorder of one of those counties the original notice of impending
271 boundary action, the original certificate of annexation or boundary adjustment, and the original
272 approved final local entity plat;
273 (B) submit to the recorder of each other county a certified copy of the documents listed
274 in Subsection (1)(b)(ii)(A); and
275 (C) submit a certified copy of the ordinance approving the annexation or boundary
276 adjustment to each county described in Subsections (1)(b)(ii)(A) and (B); and
277 (c) concurrently with Subsection (1)(b):
278 (i) send notice of the annexation or boundary adjustment to each affected entity; and
279 (ii) in accordance with Section [
280
281 (A) a certified copy of the ordinance approving the annexation of an unincorporated
282 area or the adjustment of a boundary; and
283 (B) a copy of the approved final local entity plat.
284 (2) If an annexation or boundary adjustment under this part or Chapter 2a, Part 4,
285 Incorporation of Metro Townships and Unincorporated Islands in a County of the First Class
286 on and after May 12, 2015, also causes an automatic annexation to a local district under
287 Section 17B-1-416 or an automatic withdrawal from a local district under Subsection
288 17B-1-502(2), the municipal legislative body shall, as soon as practicable after the lieutenant
289 governor issues a certificate of annexation or boundary adjustment under Section 67-1a-6.5,
290 send notice of the annexation or boundary adjustment to the local district to which the annexed
291 area is automatically annexed or from which the annexed area is automatically withdrawn.
292 (3) Each notice required under Subsection (1) relating to an annexation or boundary
293 adjustment shall state the effective date of the annexation or boundary adjustment, as
294 determined under Subsection (4).
295 (4) An annexation or boundary adjustment under this part is completed and takes
296 effect:
297 (a) for the annexation of or boundary adjustment affecting an area located in a county
298 of the first class, except for an annexation under Section 10-2-418:
299 (i) July 1 following the lieutenant governor's issuance under Section 67-1a-6.5 of a
300 certificate of annexation or boundary adjustment if:
301 (A) the certificate is issued during the preceding November 1 through April 30; and
302 (B) the requirements of Subsection (1) are met before that July 1; or
303 (ii) January 1 following the lieutenant governor's issuance under Section 67-1a-6.5 of a
304 certificate of annexation or boundary adjustment if:
305 (A) the certificate is issued during the preceding May 1 through October 31; and
306 (B) the requirements of Subsection (1) are met before that January 1; and
307 (b) subject to Subsection (5), for all other annexations and boundary adjustments, the
308 date of the lieutenant governor's issuance, under Section 67-1a-6.5, of a certificate of
309 annexation or boundary adjustment.
310 (5) If an annexation of an unincorporated island is based upon the results of an election
311 held in accordance with Section 10-2a-404:
312 (a) the county and the annexing municipality may agree to a date on which the
313 annexation is complete and takes effect; and
314 (b) the lieutenant governor shall issue, under Section 67-1a-6.5, a certification of
315 annexation on the date agreed to under Subsection (5)(a).
316 (6) (a) As used in this Subsection (6):
317 (i) "Affected area" means:
318 (A) in the case of an annexation, the annexed area; and
319 (B) in the case of a boundary adjustment, any area that, as a result of the boundary
320 adjustment, is moved from within the boundary of one municipality to within the boundary of
321 another municipality.
322 (ii) "Annexing municipality" means:
323 (A) in the case of an annexation, the municipality that annexes an unincorporated area;
324 and
325 (B) in the case of a boundary adjustment, a municipality whose boundary includes an
326 affected area as a result of a boundary adjustment.
327 (b) The effective date of an annexation or boundary adjustment for purposes of
328 assessing property within an affected area is governed by Section 59-2-305.5.
329 (c) Until the documents listed in Subsection (1)(b)(i) are recorded in the office of the
330 recorder of each county in which the property is located, a municipality may not:
331 (i) levy or collect a property tax on property within an affected area;
332 (ii) levy or collect an assessment on property within an affected area; or
333 (iii) charge or collect a fee for service provided to property within an affected area,
334 unless the municipality was charging and collecting the fee within that area immediately before
335 annexation.
336 Section 2. Section 11-48-103 is amended to read:
337 11-48-103. Provision of 911 ambulance services in municipalities and counties.
338 (1) The governing body of each municipality and county shall, subject to [
339
340 Ambulance and Paramedic Providers, ensure at least a minimum level of 911 ambulance
341 services are provided:
342 (a) within the territorial limits of the municipality or county;
343 (b) by a ground ambulance provider, licensed by the [
344 Emergency Medical Services under [
345
346 (c) in accordance with rules established by the State Emergency Medical Services
347 Committee under [
348 (2) A municipality or county may:
349 (a) subject to Subsection (3), maintain and support 911 ambulance services for the
350 municipality's or county's own jurisdiction; or
351 (b) contract to:
352 (i) provide 911 ambulance services to any county, municipal corporation, local district,
353 special service district, interlocal entity, private corporation, nonprofit corporation, state
354 agency, or federal agency;
355 (ii) receive 911 ambulance services from any county, municipal corporation, local
356 district, special service district, interlocal entity, private corporation, nonprofit corporation,
357 state agency, or federal agency;
358 (iii) jointly provide 911 ambulance services with any county, municipal corporation,
359 local district, special service district, interlocal entity, private corporation, nonprofit
360 corporation, state agency, or federal agency; or
361 (iv) contribute toward the support of 911 ambulance services in any county, municipal
362 corporation, local district, special service district, interlocal entity, private corporation,
363 nonprofit corporation, state agency, or federal agency in return for 911 ambulance services.
364 (3) (a) A municipality or county that maintains and supports 911 ambulance services
365 for the municipality's or county's own jurisdiction under Subsection (2)(a) shall obtain a license
366 as a ground ambulance provider from the [
367 Medical Services under [
368 Title 53, Chapter 2d, Part 5, Ambulance and Paramedic Providers.
369 (b) [
370 do not apply to a license described in Subsection (3)(a).
371 Section 3. Section 17B-2a-902 is amended to read:
372 17B-2a-902. Provisions applicable to service areas.
373 (1) Each service area is governed by and has the powers stated in:
374 (a) this part; and
375 (b) except as provided in Subsection (5), Chapter 1, Provisions Applicable to All Local
376 Districts.
377 (2) This part applies only to service areas.
378 (3) A service area is not subject to the provisions of any other part of this chapter.
379 (4) If there is a conflict between a provision in Chapter 1, Provisions Applicable to All
380 Local Districts, and a provision in this part, the provision in this part governs.
381 (5) (a) Except as provided in Subsection (5)(b), on or after December 31, 2012, a
382 service area may not charge or collect a fee under Section 17B-1-643 for:
383 (i) law enforcement services;
384 (ii) fire protection services;
385 (iii) 911 ambulance or paramedic services as defined in Section [
386 that are provided under a contract in accordance with Section [
387 (iv) emergency services.
388 (b) Subsection (5)(a) does not apply to:
389 (i) a fee charged or collected on an individual basis rather than a general basis;
390 (ii) a non-911 service as defined in Section [
390a provided under a
391 contract in accordance with Section [
392 (iii) an impact fee charged or collected for a public safety facility as defined in Section
393 11-36a-102; or
394 (iv) a service area that includes within the boundary of the service area a county of the
395 fifth or sixth class.
396 Section 4. Section 26-6b-2 is amended to read:
397 26-6b-2. Definitions.
398 As used in this chapter:
399 (1) "Department" means the Department of Health or a local health department as
400 defined in Section 26A-1-102.
401 (2) "First responder" means:
402 (a) a law enforcement officer as defined in Section 53-13-103;
403 (b) emergency medical service personnel as defined in Section [
403a 53-2d-101 ←Ŝ ;
404 (c) firefighters; and
405 (d) public health personnel having jurisdiction over the location where an individual
406 subject to restriction is found.
407 (3) "Order of restriction" means an order issued by a department or a district court
408 which requires an individual or group of individuals who are subject to restriction to submit to
409 an examination, treatment, isolation, or quarantine.
410 (4) "Public health official" means:
411 (a) the executive director of the Department of Health, or the executive director's
412 authorized representative; or
413 (b) the executive director of a local health department as defined in Section 26A-1-102,
414 or the executive director's authorized representative.
415 (5) "Subject to restriction" as applied to an individual, or a group of individuals, means
416 the individual or group of individuals is:
417 (a) infected or suspected to be infected with a communicable disease that poses a threat
418 to the public health and who does not take action as required by the department to prevent
419 spread of the disease;
420 (b) contaminated or suspected to be contaminated with an infectious agent that poses a
421 threat to the public health, and that could be spread to others if remedial action is not taken;
422 (c) in a condition or suspected condition which, if the individual is exposed to others,
423 poses a threat to public health, or is in a condition which if treatment is not completed the
424 individual will pose a threat to public health; or
425 (d) contaminated or suspected to be contaminated with a chemical or biological agent
426 that poses a threat to the public health and that could be spread to others if remedial action is
427 not taken.
428 Section 5. Section 26-9-4 is amended to read:
429 26-9-4. Rural Health Care Facilities Account -- Source of revenues -- Interest --
430 Distribution of revenues -- Expenditure of revenues -- Unexpended revenues lapse into
431 the General Fund.
432 (1) As used in this section:
433 (a) "Emergency medical services" is as defined in Section [
434 (b) "Federally qualified health center" is as defined in 42 U.S.C. Sec. 1395x.
435 (c) "Fiscal year" means a one-year period beginning on July 1 of each year.
436 (d) "Freestanding urgent care center" is as defined in Section 59-12-801.
437 (e) "Nursing care facility" is as defined in Section 26-21-2.
438 (f) "Rural city hospital" is as defined in Section 59-12-801.
439 (g) "Rural county health care facility" is as defined in Section 59-12-801.
440 (h) "Rural county hospital" is as defined in Section 59-12-801.
441 (i) "Rural county nursing care facility" is as defined in Section 59-12-801.
442 (j) "Rural emergency medical services" is as defined in Section 59-12-801.
443 (k) "Rural health clinic" is as defined in 42 U.S.C. Sec. 1395x.
444 (2) There is created a restricted account within the General Fund known as the "Rural
445 Health Care Facilities Account."
446 (3) (a) The restricted account shall be funded by amounts appropriated by the
447 Legislature.
448 (b) Any interest earned on the restricted account shall be deposited into the General
449 Fund.
450 (4) Subject to Subsections (5) and (6), the State Tax Commission shall for a fiscal year
451 distribute money deposited into the restricted account to each:
452 (a) county legislative body of a county that, on January 1, 2007, imposes a tax in
453 accordance with Section 59-12-802 and has not repealed the tax; or
454 (b) city legislative body of a city that, on January 1, 2007, imposes a tax in accordance
455 with Section 59-12-804 and has not repealed the tax.
456 (5) (a) Subject to Subsection (6), for purposes of the distribution required by
457 Subsection (4), the State Tax Commission shall:
458 (i) estimate for each county and city described in Subsection (4) the amount by which
459 the revenues collected from the taxes imposed under Sections 59-12-802 and 59-12-804 for
460 fiscal year 2005-06 would have been reduced had:
461 (A) the amendments made by Laws of Utah 2007, Chapter 288, Sections 25 and 26, to
462 Sections 59-12-802 and 59-12-804 been in effect for fiscal year 2005-06; and
463 (B) each county and city described in Subsection (4) imposed the tax under Sections
464 59-12-802 and 59-12-804 for the entire fiscal year 2005-06;
465 (ii) (A) for fiscal years ending before fiscal year 2018, calculate a percentage for each
466 county and city described in Subsection (4) by dividing the amount estimated for each county
467 and city in accordance with Subsection (5)(a)(i) by $555,000; and
468 (B) beginning in fiscal year 2018, calculate a percentage for each county and city
469 described in Subsection (4) by dividing the amount estimated for each county and city in
470 accordance with Subsection (5)(a)(i) by $218,809.33;
471 (iii) distribute to each county and city described in Subsection (4) an amount equal to
472 the product of:
473 (A) the percentage calculated in accordance with Subsection (5)(a)(ii); and
474 (B) the amount appropriated by the Legislature to the restricted account for the fiscal
475 year.
476 (b) The State Tax Commission shall make the estimations, calculations, and
477 distributions required by Subsection (5)(a) on the basis of data collected by the State Tax
478 Commission.
479 (6) If a county legislative body repeals a tax imposed under Section 59-12-802 or a city
480 legislative body repeals a tax imposed under Section 59-12-804:
481 (a) the commission shall determine in accordance with Subsection (5) the distribution
482 that, but for this Subsection (6), the county legislative body or city legislative body would
483 receive; and
484 (b) after making the determination required by Subsection (6)(a), the commission shall:
485 (i) if the effective date of the repeal of a tax imposed under Section 59-12-802 or
486 59-12-804 is October 1:
487 (A) (I) distribute to the county legislative body or city legislative body 25% of the
488 distribution determined in accordance with Subsection (6)(a); and
489 (II) deposit 75% of the distribution determined in accordance with Subsection (6)(a)
490 into the General Fund; and
491 (B) beginning with the first fiscal year after the effective date of the repeal and for each
492 subsequent fiscal year, deposit the entire amount of the distribution determined in accordance
493 with Subsection (6)(a) into the General Fund;
494 (ii) if the effective date of the repeal of a tax imposed under Section 59-12-802 or
495 59-12-804 is January 1:
496 (A) (I) distribute to the county legislative body or city legislative body 50% of the
497 distribution determined in accordance with Subsection (6)(a); and
498 (II) deposit 50% of the distribution determined in accordance with Subsection (6)(a)
499 into the General Fund; and
500 (B) beginning with the first fiscal year after the effective date of the repeal and for each
501 subsequent fiscal year, deposit the entire amount of the distribution determined in accordance
502 with Subsection (6)(a) into the General Fund;
503 (iii) if the effective date of the repeal of a tax imposed under Section 59-12-802 or
504 59-12-804 is April 1:
505 (A) (I) distribute to the county legislative body or city legislative body 75% of the
506 distribution determined in accordance with Subsection (6)(a); and
507 (II) deposit 25% of the distribution determined in accordance with Subsection (6)(a)
508 into the General Fund; and
509 (B) beginning with the first fiscal year after the effective date of the repeal and for each
510 subsequent fiscal year, deposit the entire amount of the distribution determined in accordance
511 with Subsection (6)(a) into the General Fund; or
512 (iv) if the effective date of the repeal of a tax imposed under Section 59-12-802 or
513 59-12-804 is July 1, beginning on that effective date and for each subsequent fiscal year,
514 deposit the entire amount of the distribution determined in accordance with Subsection (6)(a)
515 into the General Fund.
516 (7) (a) Subject to Subsection (7)(b) and Section 59-12-802, a county legislative body
517 shall distribute the money the county legislative body receives in accordance with Subsection
518 (5) or (6):
519 (i) for a county of the third or fourth class, to fund rural county health care facilities in
520 that county; and
521 (ii) for a county of the fifth or sixth class, to fund:
522 (A) rural emergency medical services in that county;
523 (B) federally qualified health centers in that county;
524 (C) freestanding urgent care centers in that county;
525 (D) rural county health care facilities in that county;
526 (E) rural health clinics in that county; or
527 (F) a combination of Subsections (7)(a)(ii)(A) through (E).
528 (b) A county legislative body shall distribute the money the county legislative body
529 receives in accordance with Subsection (5) or (6) to a center, clinic, facility, or service
530 described in Subsection (7)(a) as determined by the county legislative body.
531 (c) A center, clinic, facility, or service that receives a distribution in accordance with
532 this Subsection (7) shall expend that distribution for the same purposes for which money
533 collected from a tax under Section 59-12-802 may be expended.
534 (8) (a) Subject to Subsection (8)(b), a city legislative body shall distribute the money
535 the city legislative body receives in accordance with Subsection (5) or (6) to fund rural city
536 hospitals in that city.
537 (b) A city legislative body shall distribute a percentage of the money the city legislative
538 body receives in accordance with Subsection (5) or (6) to each rural city hospital described in
539 Subsection (8)(a) equal to the same percentage that the city legislative body distributes to that
540 rural city hospital in accordance with Section 59-12-805 for the calendar year ending on the
541 December 31 immediately preceding the first day of the fiscal year for which the city
542 legislative body receives the distribution in accordance with Subsection (5) or (6).
543 (c) A rural city hospital that receives a distribution in accordance with this Subsection
544 (8) shall expend that distribution for the same purposes for which money collected from a tax
545 under Section 59-12-804 may be expended.
546 (9) Any money remaining in the Rural Health Care Facilities Account at the end of a
547 fiscal year after the State Tax Commission makes the distributions required by this section
548 shall lapse into the General Fund.
549 Section 6. Section 26-18-26 is amended to read:
550 26-18-26. Reimbursement for nonemergency secured behavioral health transport
551 providers.
552 The department may not reimburse a nonemergency secured behavioral health transport
553 provider that is designated under Section [
554 Section 7. Section 26-21-32 is amended to read:
555 26-21-32. Notification of air ambulance policies and charges.
556 (1) For any patient who is in need of air medical transport provider services, a health
557 care facility shall:
558 (a) provide the patient or the patient's representative with the information described in
559 Subsection [
560 provider; and
561 (b) if multiple air medical transport providers are capable of providing the patient with
562 services, provide the patient or the patient's representative with an opportunity to choose the air
563 medical transport provider.
564 (2) Subsection (1) does not apply if the patient:
565 (a) is unconscious and the patient's representative is not physically present with the
566 patient; or
567 (b) is unable, due to a medical condition, to make an informed decision about the
568 choice of an air medical transport provider, and the patient's representative is not physically
569 present with the patient.
570 Section 8. Section 26-21-209 is amended to read:
571 26-21-209. Direct Access Clearance System database -- Contents -- Use.
572 (1) The department shall create and maintain a Direct Access Clearance System
573 database, which:
574 (a) includes the names of individuals for whom [
575 (i) the department has received an application for clearance under this part; or
576 (ii) the Bureau of Emergency Medical Services has received an application for
577 background clearance under Section [
578 (b) indicates whether an application is pending and whether clearance has been granted
579 and retained for:
580 (i) an applicant under this part; and
581 (ii) an applicant for background clearance under Section [
582 (2) (a) The department shall allow covered providers and covered contractors to access
583 the database electronically.
584 (b) Data accessible to a covered provider or covered contractor is limited to the
585 information under Subsections (1)(a)(i) and (1)(b)(i) for:
586 (i) covered individuals engaged by the covered provider or covered contractor; and
587 (ii) individuals:
588 (A) whom the covered provider or covered contractor could engage as covered
589 individuals; and
590 (B) who have provided the covered provider or covered contractor with sufficient
591 personal identification information to uniquely identify the individual in the database.
592 (c) (i) The department may establish fees, in accordance with Section 63J-1-504, for
593 use of the database by a covered contractor.
594 (ii) The fees may include, in addition to any fees established by the department under
595 Subsection 26-21-204(9), an initial set-up fee, an ongoing access fee, and a per-use fee.
596 Section 9. Section 26-23-6 is amended to read:
597 26-23-6. Criminal and civil penalties and liability for violations.
598 (1) (a) Any person, association, corporation, or an officer of a person, an association, or
599 a corporation, who violates any provision of this chapter or lawful orders of the department or a
600 local health department in a criminal proceeding is guilty of a class B misdemeanor for the first
601 violation, and for any subsequent similar violation within two years, is guilty of a class A
602 misdemeanor, except this section does not establish the criminal penalty for a violation of
603 Section 26-23-5.5 [
604 (b) Conviction in a criminal proceeding does not preclude the department or a local
605 health department from assessment of any civil penalty, administrative civil money penalty or
606 to deny, revoke, condition, or refuse to renew a permit, license, or certificate or to seek other
607 injunctive or equitable remedies.
608 (2) (a) Subject to Subsections (2)(c) and (d), any association, corporation, or an officer
609 of an association or a corporation, who violates any provision of this title or lawful orders of
610 the department or a local health department, or rules adopted under this title by the department:
611 (i) may be assessed, in a judicial civil proceeding, a penalty not to exceed the sum of
612 $5,000 per violation; or
613 (ii) may be assessed, in an administrative action in accordance with Title 63G, Chapter
614 4, Administrative Procedures Act, or similar procedures adopted by local or county
615 government, a penalty not to exceed the sum of $5,000 per violation.
616 (b) Subject to Subsections (2)(c) and (d), an individual who violates any provision of
617 this title or lawful orders of the department or a local health department, or rules adopted under
618 this title by the department:
619 (i) may be assessed, in a judicial civil proceeding, a penalty not to exceed the sum of
620 $150 per violation; or
621 (ii) may be assessed, in an administrative action in accordance with Title 63G, Chapter
622 4, Administrative Procedures Act, or similar procedures adopted by local or county
623 government, a penalty not to exceed the sum of $150 per violation.
624 (c) (i) Except as provided in Subsection (2)(c)(ii), a penalty described in Subsection
625 (2)(a) or (b) may only be assessed against the same individual, association, or corporation one
626 time in a calendar week.
627 (ii) Notwithstanding Subsection (2)(c)(i), an individual, an association, a corporation,
628 or an officer of an association or a corporation, who willfully disregards or recklessly violates a
629 provision of this title or lawful orders of the department or a local health department, or rules
630 adopted under this title by the department, may be assessed a penalty as described in
631 Subsection (2)(a) for each day of violation if it is determined that the violation is likely to result
632 in a serious threat to public health.
633 (d) Upon reasonable cause shown in judicial civil proceeding or an administrative
634 action, a penalty imposed under this Subsection (2) may be waived or reduced.
635 (3) Assessment of any civil penalty or administrative penalty does not preclude the
636 department or a local health department from seeking criminal penalties or to deny, revoke,
637 impose conditions on, or refuse to renew a permit, license, or certificate or to seek other
638 injunctive or equitable remedies.
639 (4) In addition to any penalties imposed under Subsection (1), a person, association,
640 corporation, or an officer of a person, an association, or a corporation, is liable for any expense
641 incurred by the department in removing or abating any health or sanitation violations, including
642 any nuisance, source of filth, cause of sickness, or dead animal.
643 Section 10. Section 26-37a-102 is amended to read:
644 26-37a-102. Definitions.
645 As used in this chapter:
646 (1) "Ambulance service provider" means:
647 (a) an ambulance provider as defined in Section 26-8a-102; or
648 (b) a non-911 service provider as defined in Section 26-8a-102.
649 (2) "Assessment" means the Medicaid ambulance service provider assessment
650 established by this chapter.
651 (3) "Division" means the Division of Health Care Financing within the department.
652 (4) "Non-federal portion" means the non-federal share the division needs to seed
653 amounts that will support fee-for-service ambulance service provider rates, as described in
654 Section 26-37a-105.
655 (5) "Total transports" means the number of total ambulance transports applicable to a
656 given fiscal year, as determined under Subsection [
657 Section 11. Section 26-55-102 is amended to read:
658 26-55-102. Definitions.
659 As used in this chapter:
660 (1) "Controlled substance" means the same as that term is defined in Title 58, Chapter
661 37, Utah Controlled Substances Act.
662 (2) "Dispense" means the same as that term is defined in Section 58-17b-102.
663 (3) "Health care facility" means a hospital, a hospice inpatient residence, a nursing
664 facility, a dialysis treatment facility, an assisted living residence, an entity that provides home-
665 and community-based services, a hospice or home health care agency, or another facility that
666 provides or contracts to provide health care services, which facility is licensed under Chapter
667 21, Health Care Facility Licensing and Inspection Act.
668 (4) "Health care provider" means:
669 (a) a physician, as defined in Section 58-67-102;
670 (b) an advanced practice registered nurse, as defined in Section 58-31b-102;
671 (c) a physician assistant, as defined in Section 58-70a-102; or
672 (d) an individual licensed to engage in the practice of dentistry, as defined in Section
673 58-69-102.
674 (5) "Increased risk" means risk exceeding the risk typically experienced by an
675 individual who is not using, and is not likely to use, an opiate.
676 (6) "Local health department" means:
677 (a) a local health department, as defined in Section 26A-1-102; or
678 (b) a multicounty local health department, as defined in Section 26A-1-102.
679 (7) "Opiate" means the same as that term is defined in Section 58-37-2.
680 (8) "Opiate antagonist" means naloxone hydrochloride or any similarly acting drug that
681 is not a controlled substance and that is approved by the federal Food and Drug Administration
682 for the diagnosis or treatment of an opiate-related drug overdose.
683 (9) "Opiate-related drug overdose event" means an acute condition, including a
684 decreased level of consciousness or respiratory depression resulting from the consumption or
685 use of a controlled substance, or another substance with which a controlled substance was
686 combined, and that a person would reasonably believe to require medical assistance.
687 (10) "Overdose outreach provider" means:
688 (a) a law enforcement agency;
689 (b) a fire department;
690 (c) an emergency medical service provider, as defined in Section [
691 53-2d-101;
692 (d) emergency medical service personnel, as defined in Section [
693 (e) an organization providing treatment or recovery services for drug or alcohol use;
694 (f) an organization providing support services for an individual, or a family of an
695 individual, with a substance use disorder;
696 (g) an organization providing substance use or mental health services under contract
697 with a local substance abuse authority, as defined in Section 62A-15-102, or a local mental
698 health authority, as defined in Section 62A-15-102;
699 (h) an organization providing services to the homeless;
700 (i) a local health department;
701 (j) an individual licensed to practice pharmacy under Title 58, Chapter 17b, Pharmacy
702 Practice Act; or
703 (k) an individual.
704 (11) "Patient counseling" means the same as that term is defined in Section
705 58-17b-102.
706 (12) "Pharmacist" means the same as that term is defined in Section 58-17b-102.
707 (13) "Pharmacy intern" means the same as that term is defined in Section 58-17b-102.
708 (14) "Prescribe" means the same as that term is defined in Section 58-17b-102.
709 Section 12. Section 26B-1-204 is amended to read:
710 26B-1-204. Creation of boards, divisions, and offices -- Power to organize
711 department.
712 (1) The executive director shall make rules in accordance with Title 63G, Chapter 3,
713 Utah Administrative Rulemaking Act, and not inconsistent with law for:
714 (a) the administration and government of the department;
715 (b) the conduct of the department's employees; and
716 (c) the custody, use, and preservation of the records, papers, books, documents, and
717 property of the department.
718 (2) The following policymaking boards, councils, and committees are created within
719 the Department of Health and Human Services:
720 (a) Board of Aging and Adult Services;
721 (b) Utah State Developmental Center Board;
722 (c) Health Advisory Council;
723 (d) Health Facility Committee;
724 [
725 [
726 [
727 [
728 Committee;
729 [
730 [
731 [
732 [
733 [
734 Committee; and
735 [
736 (i) this title;
737 (ii) Title 26, Utah Health Code; or
738 (iii) Title 62A, Utah Human Services Code.
739 (3) The following divisions are created within the Department of Health and Human
740 Services:
741 (a) relating to operations:
742 (i) the Division of Finance and Administration;
743 (ii) the Division of Licensing and Background Checks;
744 (iii) the Division of Customer Experience;
745 (iv) the Division of Data, Systems, and Evaluation; and
746 (v) the Division of Continuous Quality Improvement;
747 (b) relating to healthcare administration:
748 (i) the Division of Integrated Healthcare, which shall include responsibility for:
749 (A) the state's medical assistance programs; and
750 (B) behavioral health programs described in Title 62A, Chapter 15, Substance Abuse
751 and Mental Health Act;
752 (ii) the Division of Aging and Adult Services; and
753 (iii) the Division of Services for People with Disabilities; and
754 (c) relating to community health and well-being:
755 (i) the Division of Child and Family Services;
756 (ii) the Division of Family Health;
757 (iii) the Division of Population Health;
758 (iv) the Division of Juvenile Justice and Youth Services; and
759 (v) the Office of Recovery Services.
760 (4) The executive director may establish offices and bureaus to facilitate management
761 of the department as required by, and in accordance with:
762 (a) this title;
763 (b) Title 26, Utah Health Code; and
764 (c) Title 62A, Utah Human Services Code.
765 (5) From July 1, 2022, through June 30, 2023, the executive director may adjust the
766 organizational structure relating to the department, including the organization of the
767 department's divisions and offices, notwithstanding the organizational structure described in:
768 (a) this title;
769 (b) Title 26, Utah Health Code; or
770 (c) Title 62A, Utah Human Services Code.
771 Section 13. Section 34-55-102 is amended to read:
772 34-55-102. Definitions.
773 (1) "Emergency" means a condition in any part of this state that requires state
774 government emergency assistance to supplement the local efforts of the affected political
775 subdivision to save lives and to protect property, public health, welfare, or safety in the event
776 of a disaster, or to avoid or reduce the threat of a disaster.
777 (2) "Emergency services volunteer" means:
778 (a) a volunteer firefighter as defined in Section 49-16-102;
779 (b) an individual licensed under Section [
780 (c) an individual mobilized as part of a posse comitatus.
781 (3) "Employer" means a person, including the state or a political subdivision of the
782 state, that has one or more workers employed in the same business, or in or about the same
783 establishment, under any contract of hire, express or implied, oral or written.
784 (4) "Public safety agency" means a governmental entity that provides fire protection,
785 law enforcement, ambulance, medical, or other emergency services.
786 Section 14. Section 34A-2-102 is amended to read:
787 34A-2-102. Definition of terms.
788 (1) As used in this chapter:
789 (a) "Average weekly wages" means the average weekly wages as determined under
790 Section 34A-2-409.
791 (b) "Award" means a final order of the commission as to the amount of compensation
792 due:
793 (i) an injured employee; or
794 (ii) a dependent of a deceased employee.
795 (c) "Compensation" means the payments and benefits provided for in this chapter or
796 Chapter 3, Utah Occupational Disease Act.
797 (d) (i) "Decision" means a ruling of:
798 (A) an administrative law judge; or
799 (B) in accordance with Section 34A-2-801:
800 (I) the commissioner; or
801 (II) the Appeals Board.
802 (ii) "Decision" includes:
803 (A) an award or denial of a medical, disability, death, or other related benefit under this
804 chapter or Chapter 3, Utah Occupational Disease Act; or
805 (B) another adjudicative ruling in accordance with this chapter or Chapter 3, Utah
806 Occupational Disease Act.
807 (e) "Director" means the director of the division, unless the context requires otherwise.
808 (f) "Disability" means an administrative determination that may result in an entitlement
809 to compensation as a consequence of becoming medically impaired as to function. Disability
810 can be total or partial, temporary or permanent, industrial or nonindustrial.
811 (g) "Division" means the Division of Industrial Accidents.
812 (h) "First responder" means:
813 (i) a law enforcement officer, as defined in Section 53-13-103;
814 (ii) an emergency medical technician, as defined in Section [
815 (iii) an advanced emergency medical technician, as defined in Section [
816 53-2e-101;
817 (iv) a paramedic, as defined in Section [
818 (v) a firefighter, as defined in Section 34A-3-113;
819 (vi) a dispatcher, as defined in Section 53-6-102; or
820 (vii) a correctional officer, as defined in Section 53-13-104.
821 (i) "Impairment" is a purely medical condition reflecting an anatomical or functional
822 abnormality or loss. Impairment may be either temporary or permanent, industrial or
823 nonindustrial.
824 (j) "Order" means an action of the commission that determines the legal rights, duties,
825 privileges, immunities, or other interests of one or more specific persons, but not a class of
826 persons.
827 (k) (i) "Personal injury by accident arising out of and in the course of employment"
828 includes an injury caused by the willful act of a third person directed against an employee
829 because of the employee's employment.
830 (ii) "Personal injury by accident arising out of and in the course of employment" does
831 not include a disease, except as the disease results from the injury.
832 (l) "Safe" and "safety," as applied to employment or a place of employment, means the
833 freedom from danger to the life or health of employees reasonably permitted by the nature of
834 the employment.
835 (2) As used in this chapter and Chapter 3, Utah Occupational Disease Act:
836 (a) "Brother or sister" includes a half brother or sister.
837 (b) "Child" includes:
838 (i) a posthumous child; or
839 (ii) a child legally adopted prior to an injury.
840 Section 15. Section 39-1-64 is amended to read:
841 39-1-64. Extension of licenses for members of National Guard and reservists.
842 (1) As used in this section, "license" means any license issued under:
843 (a) Title 58, Occupations and Professions; and
844 (b) Section [
845 (2) Any license held by a member of the National Guard or reserve component of the
846 armed forces that expires while the member is on active duty shall be extended until 90 days
847 after the member is discharged from active duty status.
848 (3) The licensing agency shall renew a license extended under Subsection (2) until the
849 next date that the license expires or for the period that the license is normally issued, at no cost
850 to the member of the National Guard or reserve component of the armed forces if all of the
851 following conditions are met:
852 (a) the National Guard member or reservist requests renewal of the license within 90
853 days after being discharged;
854 (b) the National Guard member or reservist provides the licensing agency with a copy
855 of the member's or reservist's official orders calling the member or reservist to active duty, and
856 official orders discharging the member or reservist from active duty; and
857 (c) the National Guard member or reservist meets all the requirements necessary for the
858 renewal of the license, except the member or reservist need not meet the requirements, if any,
859 that relate to continuing education or training.
860 (4) The provisions of this section do not apply to regularly scheduled annual training.
861 Section 16. Section 41-1a-230.7 is amended to read:
862 41-1a-230.7. Registration checkoff for supporting emergency medical services
863 and search and rescue operations.
864 (1) A person who applies for a motor vehicle registration or registration renewal may
865 designate a voluntary contribution of $3 for the purpose of supporting:
866 (a) the Emergency Medical Services Grant Program; and
867 (b) the Search and Rescue Financial Assistance Program.
868 (2) This contribution shall be:
869 (a) collected by the division;
870 (b) treated as a voluntary contribution and not as a motor vehicle or off-highway
871 vehicle registration fee; and
872 (c) distributed equally to the Emergency Medical Services System Account created in
873 Section [
874 created in Section 53-2a-1102 at least monthly, less actual administrative costs associated with
875 collecting and transferring the contributions.
876 (3) In addition to the administrative costs deducted under Subsection (2)(c), the
877 division may deduct the first $1,000 collected to cover costs incurred to change the registration
878 form.
879 Section 17. Section 41-6a-523 is amended to read:
880 41-6a-523. Persons authorized to draw blood -- Immunity from liability.
881 (1) (a) Only the following, acting at the request of a peace officer, may draw blood to
882 determine its alcohol or drug content:
883 (i) a physician;
884 (ii) a physician assistant;
885 (iii) a registered nurse;
886 (iv) a licensed practical nurse;
887 (v) a paramedic;
888 (vi) as provided in Subsection (1)(b), emergency medical service personnel other than
889 paramedics; or
890 (vii) a person with a valid permit issued by the Department of Health under Section
891 26-1-30.
892 (b) The [
893 by rule, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, which
894 emergency medical service personnel, as defined in Section [
895 authorized to draw blood under Subsection (1)(a)(vi), based on the type of license under
896 Section [
897 (c) Subsection (1)(a) does not apply to taking a urine, breath, or oral fluid specimen.
898 (2) The following are immune from civil or criminal liability arising from drawing a
899 blood sample from a person whom a peace officer has reason to believe is driving in violation
900 of this chapter, if the sample is drawn in accordance with standard medical practice:
901 (a) a person authorized to draw blood under Subsection (1)(a); and
902 (b) if the blood is drawn at a hospital or other medical facility, the medical facility.
903 Section 18. Section 53-1-104 is amended to read:
904 53-1-104. Boards, bureaus, councils, divisions, and offices.
905 (1) The following are the policymaking boards and committees within the department:
906 (a) the State Emergency Medical Services Committee created in Section 53-2d-104;
907 (b) the Air Ambulance Committee created in Section 53-2d-107;
908 (c) the Driver License Medical Advisory Board, created in Section 53-3-303;
909 [
910 [
911 [
912 [
913 53-9-104.
914 (2) The following are the councils within the department:
915 (a) the Peace Officer Standards and Training Council, created in Section 53-6-106; and
916 (b) the Motor Vehicle Safety Inspection Advisory Council, created in Section
917 53-8-203.
918 (3) The following are the divisions within the department:
919 (a) the Administrative Services Division, created in Section 53-1-203;
920 (b) the Management Information Services Division, created in Section 53-1-303;
921 (c) the Division of Emergency Management, created in Section 53-2a-103;
922 (d) the Driver License Division, created in Section 53-3-103;
923 (e) the Criminal Investigations and Technical Services Division, created in Section
924 53-10-103;
925 (f) the Peace Officer Standards and Training Division, created in Section 53-6-103;
926 (g) the State Fire Marshal Division, created in Section 53-7-103; and
927 (h) the Utah Highway Patrol Division, created in Section 53-8-103.
928 (4) The Office of Executive Protection is created in Section 53-1-112.
929 (5) The following are the bureaus within the department:
930 (a) the Bureau of Emergency Medical Services, created in Section 53-2d-102;
931 (b) the Bureau of Criminal Identification, created in Section 53-10-201;
932 [
933 [
934 [
935 Section 19. Section 53-2d-101, which is renumbered from Section 26-8a-102 is
936 renumbered and amended to read:
937
938
939 [
940 As used in this chapter:
941 (1) (a) "911 ambulance or paramedic services" means:
942 (i) either:
943 (A) 911 ambulance service;
944 (B) 911 paramedic service; or
945 (C) both 911 ambulance and paramedic service; and
946 (ii) a response to a 911 call received by a designated dispatch center that receives 911
947 or E911 calls.
948 (b) "911 ambulance or paramedic services" does not mean a seven or 10 digit
949 telephone call received directly by an ambulance provider licensed under this chapter.
950 (2) "Account" means the Automatic External Defibrillator Restricted Account, created
951 in Section 53-2d-809.
952 [
953 (a) transports patients and is used to provide emergency medical services; and
954 (b) is required to obtain a permit under Section [
955 state.
956 [
957 (a) transports and provides emergency medical care to patients; and
958 (b) is required to obtain a license under [
959 Part 5, Ambulance and Paramedic Providers.
960 (5) "Automatic external defibrillator" or "AED" means an automated or automatic
961 computerized medical device that:
962 (a) has received pre-market notification approval from the United States Food and
963 Drug Administration, pursuant to 21 U.S.C. Sec. 360(k);
964 (b) is capable of recognizing the presence or absence of ventricular fibrillation or rapid
965 ventricular tachycardia;
966 (c) is capable of determining, without intervention by an operator, whether
967 defibrillation should be performed; and
968 (d) upon determining that defibrillation should be performed, automatically charges,
969 enabling delivery of, or automatically delivers, an electrical impulse through the chest wall and
970 to an individual's heart.
971 [
972 intervention to a patient in an emergency context within a scope and in accordance with
973 guidelines established by the department.
974 (b) "Behavioral emergency services" does not include engaging in the:
975 (i) practice of mental health therapy as defined in Section 58-60-102;
976 (ii) practice of psychology as defined in Section 58-61-102;
977 (iii) practice of clinical social work as defined in Section 58-60-202;
978 (iv) practice of certified social work as defined in Section 58-60-202;
979 (v) practice of marriage and family therapy as defined in Section 58-60-302;
980 (vi) practice of clinical mental health counseling as defined in Section 58-60-402; or
981 (vii) practice as a substance use disorder counselor as defined in Section 58-60-502.
982 (7) "Bureau" means the Bureau of Emergency Medical Services created in Section
983 53-2d-102.
984 (8) "Cardiopulmonary resuscitation" or "CPR" means artificial ventilation or external
985 chest compression applied to a person who is unresponsive and not breathing.
986 [
987 created by Section [
988 [
989 (a) provided by emergency medical service personnel; and
990 (b) provided to a patient who is not:
991 (i) in need of ambulance transportation; or
992 (ii) located in a health care facility as defined in Section 26-21-2.
993 (11) "Division" means the Division of Emergency Management created in Section
994 53-2a-103.
995 [
996 physician, registered nurse, physician's assistant, or individual licensed under Section
997 26-8a-302.
998 [
999 (a) a medical condition that manifests itself by symptoms of sufficient severity,
1000 including severe pain, that a prudent layperson, who possesses an average knowledge of health
1001 and medicine, could reasonably expect the absence of immediate medical attention to result in:
1002 (i) placing the individual's health in serious jeopardy;
1003 (ii) serious impairment to bodily functions; or
1004 (iii) serious dysfunction of any bodily organ or part; or
1005 (b) a medical condition that in the opinion of a physician or the physician's designee
1006 requires direct medical observation during transport or may require the intervention of an
1007 individual licensed under Section [
1008 (14) "Emergency medical dispatch center" means a public safety answering point, as
1009 defined in Section 63H-7a-103, that is designated as an emergency medical dispatch center by
1010 the bureau.
1011 [
1012 provides emergency medical services or behavioral emergency services to a patient and is
1013 required to be licensed or certified under Section [
1014 (b) "Emergency medical service personnel" includes a paramedic, medical director of a
1015 licensed emergency medical service provider, emergency medical service instructor, behavioral
1016 emergency services technician, other categories established by the committee, and a certified
1017 emergency medical dispatcher.
1018 [
1019 (a) licensed ambulance providers and paramedic providers;
1020 (b) a facility or provider that is required to be designated under Subsection
1021 [
1022 (c) emergency medical service personnel.
1023 [
1024 (a) medical services;
1025 (b) transportation services;
1026 (c) behavioral emergency services; or
1027 (d) any combination of the services described in Subsections [
1028 [
1029 that is:
1030 (a) maintained and used for the transportation of emergency medical personnel,
1031 equipment, and supplies to the scene of a medical emergency; and
1032 (b) required to be permitted under Section [
1033 [
1034 (a) means the same as that term is defined in Section 11-42-102; and
1035 (b) for purposes of a "special service district" under Section 11-42-102, means a
1036 special service district that has been delegated the authority to select a provider under this
1037 chapter by the special service district's legislative body or administrative control board.
1038 [
1039 (a) a licensed or designated emergency medical services provider that provides
1040 emergency medical services within or in an area that abuts an exclusive geographic service area
1041 that is the subject of an application submitted pursuant to [
1042
1043 (b) any municipality, county, or fire district that lies within or abuts a geographic
1044 service area that is the subject of an application submitted pursuant to [
1045
1046 (c) the department when acting in the interest of the public.
1047 [
1048 service is licensed as:
1049 (a) emergency medical technician;
1050 (b) advanced emergency medical technician; or
1051 (c) paramedic.
1052 [
1053 emergency medical service provider.
1054 [
1055 under Subsection (1).
1056 [
1057 (a) provides nonemergency secure transportation services for an individual who:
1058 (i) is not required to be transported by an ambulance under Section [
1059 53-2d-405; and
1060 (ii) requires behavioral health observation during transport between any of the
1061 following facilities:
1062 (A) a licensed acute care hospital;
1063 (B) an emergency patient receiving facility;
1064 (C) a licensed mental health facility; and
1065 (D) the office of a licensed health care provider; and
1066 (b) is required to be designated under Section [
1067 [
1068 (a) employs emergency medical service personnel; and
1069 (b) is required to obtain a license under [
1070 Part 5, Ambulance and Paramedic Providers.
1071 [
1072 behavioral emergency condition, meets any of the criteria in Section 26-8a-305.
1073 [
1074 (a) a city, town, or metro township;
1075 (b) a county;
1076 (c) a special service district created under Title 17D, Chapter 1, Special Service
1077 District Act, for the purpose of providing fire protection services under Subsection
1078 17D-1-201(9);
1079 (d) a local district created under Title 17B, Limited Purpose Local Government Entities
1080 - Local Districts, for the purpose of providing fire protection, paramedic, and emergency
1081 services;
1082 (e) areas coming together as described in Subsection [
1083 53-2d-505.2(2)(b)(ii); or
1084 (f) an interlocal entity under Title 11, Chapter 13, Interlocal Cooperation Act.
1085 (28) "Sudden cardiac arrest" means a life-threatening condition that results when a
1086 person's heart stops or fails to produce a pulse.
1087 [
1088 intervention.
1089 [
1090 (a) organizes and coordinates the delivery of trauma care within defined geographic
1091 areas from the time of injury through transport and rehabilitative care; and
1092 (b) is inclusive of all prehospital providers, hospitals, and rehabilitative facilities in
1093 delivering care for trauma patients, regardless of severity.
1094 [
1095 or priority. For prehospital trauma victims, triage requires a determination of injury severity to
1096 assess the appropriate level of care according to established patient care protocols.
1097 [
1098 procedures that:
1099 (a) direct the care of patients; and
1100 (b) are adopted by the medical staff of an emergency patient receiving facility, trauma
1101 center, or an emergency medical service provider.
1102 [
1103 licensed as:
1104 (a) ground ambulance transport;
1105 (b) ground ambulance interfacility transport; or
1106 (c) both ground ambulance transport and ground ambulance interfacility transport.
1107 Section 20. Section 53-2d-102 is enacted to read:
1108 53-2d-102. Bureau of Emergency Medical Services -- Creation -- Bureau chief
1109 appointment, qualifications, and compensation.
1110 (1) There is created within the Ŝ→ [
1110a Medical Services.
1111 (2) The bureau shall be administered by a bureau chief appointed by the Ŝ→ [
1112 director with the approval of the
1113 (3) The bureau chief shall be experienced in administration and possess additional
1114 qualifications as determined by the Ŝ→ [
1114a law.
1115 (4) The bureau chief acts under the supervision and control of the Ŝ→ [
1115a commissioner ←Ŝ and
1116 may be removed from the position at the will of the commissioner.
1117 (5) The bureau chief shall receive compensation as provided by Title 63A, Chapter 17,
1118 Utah State Personnel Management Act.
1119 Section 21. Section 53-2d-103, which is renumbered from Section 26-8a-105 is
1120 renumbered and amended to read:
1121 [
1122 (1) The [
1123 [
1124 [
1125 any programs and applicable rules created under this chapter;
1126 [
1127 service providers to advise the [
1128 [
1129 the [
1130 this chapter; and
1131 [
1132 Rulemaking Act, to:
1133 [
1134 [
1135 secured behavioral health transport vehicles, including approving an emergency vehicle
1136 operator's course in accordance with Section [
1137 [
1138 [
1139 section;
1140 [
1141 pending;
1142 [
1143 board; and
1144 [
1145 investigation is pending;
1146 [
1147 designations, and permits; and
1148 [
1149 in other sections of this chapter.
1150 (2) (a) The bureau shall share data related to the bureau's duties with the Department of
1151 Health and Human Services.
1152 (b) The Department of Health and Human Services shall share data related to the
1153 bureau's duties with the bureau.
1154 (c) All data collected by the bureau under this chapter is subject to Title 26, Chapter 3,
1155 Health Statistics, including data privacy protections.
1156 Section 22. Section 53-2d-104, which is renumbered from Section 26-8a-103 is
1157 renumbered and amended to read:
1158 [
1159 Membership -- Expenses.
1160 (1) [
1161
1162 (2) The committee shall be composed of the following 19 members appointed by the
1163 governor, at least six of whom shall reside in a county of the third, fourth, fifth, or sixth class:
1164 (a) five physicians licensed under Title 58, Chapter 67, Utah Medical Practice Act, or
1165 Title 58, Chapter 68, Utah Osteopathic Medical Practice Act, as follows:
1166 (i) one surgeon who actively provides trauma care at a hospital;
1167 (ii) one rural physician involved in emergency medical care;
1168 (iii) two physicians who practice in the emergency department of a general acute
1169 hospital; and
1170 (iv) one pediatrician who practices in the emergency department or critical care unit of
1171 a general acute hospital or a children's specialty hospital;
1172 (b) two representatives from private ambulance providers;
1173 (c) one representative from an ambulance provider that is neither privately owned nor
1174 operated by a fire department;
1175 (d) two chief officers from fire agencies operated by the following classes of licensed
1176 or designated emergency medical services providers: municipality, county, and fire district,
1177 provided that no class of medical services providers may have more than one representative
1178 under this Subsection [
1179 (e) one director of a law enforcement agency that provides emergency medical
1180 services;
1181 (f) one hospital administrator;
1182 (g) one emergency care nurse;
1183 (h) one paramedic in active field practice;
1184 (i) one emergency medical technician in active field practice;
1185 (j) one certified emergency medical dispatcher affiliated with an emergency medical
1186 dispatch center;
1187 (k) one licensed mental health professional with experience as a first responder;
1188 (l) one licensed behavioral emergency services technician; and
1189 (m) one consumer.
1190 [
1191 appointed to a four-year term beginning July 1.
1192 (b) Notwithstanding Subsection [
1193 (i) shall, at the time of appointment or reappointment, adjust the length of terms to
1194 ensure that the terms of committee members are staggered so that approximately half of the
1195 committee is appointed every two years;
1196 (ii) may not reappoint a member for more than two consecutive terms; and
1197 (iii) shall:
1198 (A) initially appoint the second member under Subsection [
1199 different private provider than the private provider currently serving under Subsection [
1200 (2)(b); and
1201 (B) thereafter stagger each replacement of a member in Subsection [
1202 that the member positions under Subsection [
1203 the same private provider.
1204 (c) When a vacancy occurs in the membership for any reason, the replacement shall be
1205 appointed by the governor for the unexpired term.
1206 [
1207 committee's members as chair and one member as vice chair.
1208 (ii) The committee may organize standing or ad hoc subcommittees, which shall
1209 operate in accordance with guidelines established by the committee.
1210 (b) (i) The chair shall convene a minimum of four meetings per year.
1211 (ii) The chair may call special meetings.
1212 (iii) The chair shall call a meeting upon request of five or more members of the
1213 committee.
1214 (c) (i) Nine members of the committee constitute a quorum for the transaction of
1215 business.
1216 (ii) The action of a majority of the members present is the action of the committee.
1217 [
1218 but may receive per diem and travel expenses in accordance with:
1219 (a) Section 63A-3-106;
1220 (b) Section 63A-3-107; and
1221 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
1222 63A-3-107.
1223 [
1224 [
1225 Section 23. Section 53-2d-105, which is renumbered from Section 26-8a-104 is
1226 renumbered and amended to read:
1227 [
1228 The committee shall adopt rules, with the concurrence of the [
1229 accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, that:
1230 (1) establish licensure, certification, and reciprocity requirements under Section
1231 [
1232 (2) establish designation requirements under Section [
1233 (3) promote the development of a statewide emergency medical services system under
1234 Section [
1235 (4) establish insurance requirements for ambulance providers;
1236 (5) provide guidelines for requiring patient data under Section [
1237 (6) establish criteria for awarding grants under Section [
1238 (7) establish requirements for the coordination of emergency medical services and the
1239 medical supervision of emergency medical service providers under Section [
1240 53-2d-403;
1241 (8) select appropriate vendors to establish certification requirements for emergency
1242 medical dispatchers;
1243 (9) establish the minimum level of service for 911 ambulance services provided under
1244 Section 11-48-103; and
1245 (10) are necessary to carry out the responsibilities of the committee as specified in
1246 other sections of this chapter.
1247 Section 24. Section 53-2d-106, which is renumbered from Section 26-8a-106 is
1248 renumbered and amended to read:
1249 [
1250 requirements.
1251 (1) Upon application, the [
1252 of the [
1253 the committee with the concurrence of the [
1254 (a) the person applying for the waiver satisfactorily demonstrates that:
1255 (i) the waiver is necessary for a pilot project to be undertaken by the applicant;
1256 (ii) in the particular situation, the requirement serves no beneficial public purpose; or
1257 (iii) circumstances warrant that waiver of the requirement outweighs the public benefit
1258 to be gained by adherence to the rule; and
1259 (b) for a waiver granted under Subsection (1)(a)(ii) or (iii):
1260 (i) the committee or [
1261 persons upon application; or
1262 (ii) the [
1263 bureau, amends the rule to be consistent with the waiver.
1264 (2) A waiver of education or licensing requirements may be granted to a veteran, as
1265 defined in Section 68-3-12.5, if the veteran:
1266 (a) provides to the committee or [
1267 education and training in the field in which licensure is sought; and
1268 (b) successfully passes any examination required.
1269 (3) No waiver may be granted under this section that is inconsistent with the provisions
1270 of this chapter.
1271 Section 25. Section 53-2d-107, which is renumbered from Section 26-8a-107 is
1272 renumbered and amended to read:
1273 [
1274 Duties.
1275 (1) [
1276
1277 (2) The Air Ambulance Committee is composed of the following members:
1278 (a) the state emergency medical services medical director;
1279 (b) one physician who:
1280 (i) is licensed under:
1281 (A) Title 58, Chapter 67, Utah Medical Practice Act;
1282 (B) Title 58, Chapter 67b, Interstate Medical Licensure Compact; or
1283 (C) Title 58, Chapter 68, Utah Osteopathic Medical Practice Act;
1284 (ii) actively provides trauma or emergency care at a Utah hospital; and
1285 (iii) has experience and is actively involved in state and national air medical transport
1286 issues;
1287 (c) one member from each level 1 and level 2 trauma center in the state of Utah,
1288 selected by the trauma center the member represents;
1289 (d) one registered nurse who:
1290 (i) is licensed under Title 58, Chapter 31b, Nurse Practice Act; and
1291 (ii) currently works as a flight nurse for an air medical transport provider in the state of
1292 Utah;
1293 (e) one paramedic who:
1294 (i) is licensed under this chapter; and
1295 (ii) currently works for an air medical transport provider in the state of Utah; and
1296 (f) two members, each from a different for-profit air medical transport company
1297 operating in the state of Utah.
1298 [
1299 physician member under Subsection [
1300 the Air Ambulance Committee.
1301 [
1302 (a) appoint the Air Ambulance Committee members under Subsections [
1303 through (f);
1304 (b) designate the member of the Air Ambulance Committee to serve as the vice chair
1305 of the committee; and
1306 (c) set the agenda for Air Ambulance Committee meetings.
1307 [
1308 appointed to a two-year term.
1309 (b) Notwithstanding Subsection [
1310 shall, at the time of appointment or reappointment, adjust the length of the terms of committee
1311 members to ensure that the terms of the committee members are staggered so that
1312 approximately half of the committee is reappointed every two years.
1313 [
1314 quorum.
1315 (b) The action of a majority of a quorum constitutes the action of the Air Ambulance
1316 Committee.
1317 [
1318 November 30 of every odd-numbered year thereafter, provide recommendations to the Health
1319 and Human Services Interim Committee regarding the development of state standards and
1320 requirements related to:
1321 (a) air medical transport provider licensure and accreditation;
1322 (b) air medical transport medical personnel qualifications and training; and
1323 (c) other standards and requirements to ensure patients receive appropriate and
1324 high-quality medical attention and care by air medical transport providers operating in the state
1325 of Utah.
1326 [
1327 report, using any data available to the [
1328 Insurance Department, that includes the following information for each air medical transport
1329 provider that operates in the state:
1330 (i) which health insurers in the state the air medical transport provider contracts with;
1331 (ii) if sufficient data is available to the [
1332 average charge for air medical transport services for a patient who is uninsured or out of
1333 network; and
1334 (iii) whether the air medical transport provider balance bills a patient for any charge
1335 not paid by the patient's health insurer.
1336 (b) When calculating the average charge under Subsection [
1337 [
1338 (i) a rotary wing provider and a fixed wing provider; and
1339 (ii) any other differences between air medical transport service providers that may
1340 substantially affect the cost of the air medical transport service, as determined by the
1341 [
1342 (c) The [
1343 (i) post the [
1344 [
1345 (ii) send the [
1346 [
1347 that has regular contact with patients in need of air medical transport provider services.
1348 [
1349 benefits, per diem, or travel expenses for the member's service on the [
1350 Ambulance Committee.
1351 [
1352 Ambulance Committee.
1353 [
1354 Services Interim Committee before November 30, 2023, regarding the sunset of this section in
1355 accordance with Section 63I-2-226.
1356 Section 26. Section 53-2d-108, which is renumbered from Section 26-8a-108 is
1357 renumbered and amended to read:
1358 [
1359 (1) There is created within the General Fund a restricted account known as the
1360 Emergency Medical Services System Account.
1361 (2) The account consists of:
1362 (a) interest earned on the account;
1363 (b) appropriations made by the Legislature; and
1364 (c) contributions deposited into the account in accordance with Section 41-1a-230.7.
1365 (3) The [
1366 (a) an amount equal to 25% of the money in the account for administrative costs
1367 related to this chapter;
1368 (b) an amount equal to 75% of the money in the account for grants awarded in
1369 accordance with Subsection [
1370 (c) all money received from the revenue source in Subsection (2)(c) for grants awarded
1371 in accordance with Subsection [
1372 Section 27. Section 53-2d-201, which is renumbered from Section 26-8a-201 is
1373 renumbered and amended to read:
1374
1375 [
1376 The [
1377 (1) develop programs to inform the public of the emergency medical service system;
1378 and
1379 (2) develop and disseminate emergency medical training programs for the public,
1380 which emphasize the prevention and treatment of injuries and illnesses.
1381 Section 28. Section 53-2d-202, which is renumbered from Section 26-8a-202 is
1382 renumbered and amended to read:
1383 [
1384 Consistent with federal law, the [
1385 the statewide emergency medical service communication systems under which emergency
1386 medical personnel, dispatch centers, and treatment facilities provide medical control and
1387 coordination between emergency medical service providers.
1388 Section 29. Section 53-2d-203, which is renumbered from Section 26-8a-203 is
1389 renumbered and amended to read:
1390 [
1391 (1) The committee shall specify the information that shall be collected for the
1392 emergency medical services data system established pursuant to Subsection (2).
1393 (2) (a) The [
1394 system, which shall provide for the collection of information, as defined by the committee,
1395 relating to the treatment and care of patients who use or have used the emergency medical
1396 services system.
1397 (b) The committee shall coordinate with the Health Data Authority created in Title 26,
1398 Chapter 33a, Utah Health Data Authority Act, to create a report of data collected by the Health
1399 Data Committee under Section 26-33a-106.1 regarding:
1400 (i) appropriate analytical methods;
1401 (ii) the total amount of air ambulance flight charges in the state for a one-year period;
1402 and
1403 (iii) of the total number of flights in a one-year period under Subsection (2)(b)(ii):
1404 (A) the number of flights for which a patient had no personal responsibility for paying
1405 part of the flight charges;
1406 (B) the number of flights for which a patient had personal responsibility to pay all or
1407 part of the flight charges;
1408 (C) the range of flight charges for which patients had personal responsibility under
1409 Subsection (2)(b)(iii)(B), including the median amount for paid patient personal responsibility;
1410 and
1411 (D) the name of any air ambulance provider that received a median paid amount for
1412 patient responsibility in excess of the median amount for all paid patient personal responsibility
1413 during the reporting year.
1414 (c) The [
1415 department, information from the emergency medical services data system that:
1416 (i) relates to traffic incidents; and
1417 (ii) is for the improvement of traffic safety[
1418 [
1419 [
1420 (d) Information shared under Subsection (2)(c) may not:
1421 (i) be used for the prosecution of criminal matters; or
1422 (ii) include any personally identifiable information.
1423 (3) (a) On or before October 1, the department shall make the information in
1424 Subsection (2)(b) public and send the information in Subsection (2)(b) to public safety
1425 dispatchers and first responders in the state.
1426 (b) Before making the information in Subsection (2)(b) public, the committee shall
1427 provide the air ambulance providers named in the report with the opportunity to respond to the
1428 accuracy of the information in the report under Section 26-33a-107.
1429 (4) Persons providing emergency medical services:
1430 (a) shall provide information to the department for the emergency medical services
1431 data system established pursuant to Subsection (2)(a);
1432 (b) are not required to provide information to the department under Subsection (2)(b);
1433 and
1434 (c) may provide information to the department under Subsection (2)(b) or (3)(b).
1435 Section 30. Section 53-2d-204, which is renumbered from Section 26-8a-204 is
1436 renumbered and amended to read:
1437 [
1438 The [
1439 federal, and local agencies empowered to oversee disaster response activities, plans to provide
1440 emergency medical services during times of disaster or emergency.
1441 Section 31. Section 53-2d-205, which is renumbered from Section 26-8a-205 is
1442 renumbered and amended to read:
1443 [
1444 The [
1445 program.
1446 Section 32. Section 53-2d-206, which is renumbered from Section 26-8a-206 is
1447 renumbered and amended to read:
1448 [
1449 (1) The [
1450 provide support and counseling for personnel who have been exposed to one or more stressful
1451 incidents in the course of providing emergency services.
1452 (2) This program shall include:
1453 (a) ongoing training for agencies providing emergency services and counseling
1454 program volunteers;
1455 (b) critical incident stress debriefing for personnel at no cost to the emergency
1456 provider; and
1457 (c) advising the department on training requirements for licensure as a behavioral
1458 emergency services technician.
1459 Section 33. Section 53-2d-207, which is renumbered from Section 26-8a-207 is
1460 renumbered and amended to read:
1461 [
1462 (1) Funds appropriated to the department for the Emergency Medical Services Grant
1463 Program shall be used for improvement of delivery of emergency medical services and
1464 administrative costs as described in Subsection (2)(a).
1465 (2) From the total amount of funds appropriated to the [
1466 Subsection (1), the [
1467 (a) an amount equal to 50% of the funds:
1468 (i) to provide staff support; and
1469 (ii) for other expenses incurred in:
1470 (A) administration of grant funds; and
1471 (B) other [
1472 (b) an amount equal to 50% of the funds to provide emergency medical services grants
1473 in accordance with Subsection (3).
1474 (3) (a) A recipient of a grant under this section shall actively provide emergency
1475 medical services within the state.
1476 (b) From the total amount of funds used to provide grants under Subsection (3), the
1477 [
1478 specifically related to the provision of emergency medical services to nonprofit prehospital
1479 emergency medical services providers that are either licensed or designated and to emergency
1480 medical services that are the primary emergency medical services for a service area. The
1481 [
1482 capita basis by county as described in [
1483 (c) Subject to Subsections (3)(d) through (f), the committee shall use the remaining
1484 grant funds to award competitive grants to licensed emergency medical services providers that
1485 provide emergency medical services within counties of the third through sixth class, in
1486 accordance with rules made by the committee.
1487 (d) A grant awarded under Subsection (3)(c) shall be used:
1488 (i) for the purchase of equipment, subject to Subsection (3)(e); or
1489 (ii) for the recruitment, training, or retention of licensed emergency medical services
1490 providers.
1491 (e) A recipient of a grant under Subsection (3)(c) may not use more than $100,000 in
1492 grant proceeds for the purchase of vehicles.
1493 (f) A grant awarded for the purpose described in Subsection (3)(d)(ii) is ongoing for a
1494 period of up to three years.
1495 (g) (i) If, after providing grants under Subsections (3)(c) through (f), any grant funds
1496 are unallocated at the end of the fiscal year, the committee shall distribute the unallocated grant
1497 funds as per capita block grants as described in Subsection (3)(b).
1498 (ii) Any grant funds distributed as per capita grants under Subsection (3)(g)(i) are in
1499 addition to the amount described in Subsection (3)(b).
1500 Section 34. Section 53-2d-208, which is renumbered from Section 26-8a-208 is
1501 renumbered and amended to read:
1502 [
1503 quality assurance reviews.
1504 (1) The [
1505 [
1506 (a) for the use of [
1507 (b) to administer tests and conduct quality assurance reviews; and
1508 (c) to process an application for a designation, permit, or license.
1509 (2) (a) Fees collected under Subsections (1)(a) and (b) shall be separate dedicated
1510 credits.
1511 (b) Fees under Subsection (1)(a) may be used to purchase training equipment.
1512 (c) Fees under Subsection (1)(b) may be used to administer tests and conduct quality
1513 assurance reviews.
1514 Section 35. Section 53-2d-209, which is renumbered from Section 26-8a-210 is
1515 renumbered and amended to read:
1516 [
1517 Qualifications -- Duties.
1518 (1) As used in this section:
1519 (a) "Liaison" means a regional emergency medical services liaison hired under this
1520 section.
1521 (b) "Rural county" means a county of the third, fourth, fifth, or sixth class.
1522 (2) The [
1523 medical services liaisons to:
1524 (a) serve the needs of rural counties in providing emergency medical services in
1525 accordance with this chapter;
1526 (b) act as a liaison between the [
1527 responsible for emergency medical services in rural counties, including:
1528 (i) emergency medical services providers;
1529 (ii) local officials; and
1530 (iii) local health departments or agencies;
1531 (c) provide support and training to emergency medical services providers in rural
1532 counties;
1533 (d) assist rural counties in utilizing state and federal grant programs for financing
1534 emergency medical services; and
1535 (e) serve as emergency medical service personnel to assist licensed providers with
1536 ambulance staffing needs within rural counties.
1537 (3) Each liaison hired under Subsection (2):
1538 (a) shall reside in a rural county; and
1539 (b) shall be licensed as:
1540 (i) an advanced emergency medical technician as defined in Section [
1541 53-2e-101; or
1542 (ii) a paramedic as defined in Section [
1543 (4) The department shall provide each liaison with a vehicle and other equipment in
1544 accordance with rules established by the department.
1545 Section 36. Section 53-2d-210, which is renumbered from Section 26-8a-211 is
1546 renumbered and amended to read:
1547 [
1548 The [
1549 Committee before November 30, 2022, regarding:
1550 (1) the activities and accomplishments of the regional medical services liaisons hired
1551 under Section [
1552 (2) the efficacy of the emergency medical services grant program established in Section
1553 [
1554 (3) the condition of emergency medical services within the state, including emergency
1555 medical services provider response times and personnel numbers; and
1556 (4) the financial condition of the department, including department operational costs
1557 under this chapter.
1558 Section 37. Section 53-2d-211, which is renumbered from Section 26-8a-212 is
1559 renumbered and amended to read:
1560 [
1561 (1) A ground ambulance provider or a designated quick response provider, as
1562 designated in accordance with Section [
1563 community paramedicine program.
1564 (2) (a) Before providing services, a community paramedicine program shall:
1565 (i) implement training requirements as determined by the committee; and
1566 (ii) submit a written community paramedicine operational plan to the [
1567 bureau that meets requirements established by the committee.
1568 (b) A community paramedicine program shall report data, as determined by the
1569 committee, related to community paramedicine to the [
1570 (3) A service provided as part of a community paramedicine program may not be billed
1571 to an individual or a health benefit plan as defined in Section 31A-1-301 unless:
1572 (a) the service is provided in partnership with a health care facility as defined in
1573 Section 26-21-2; and
1574 (b) the partnering health care facility is the person that bills the individual or health
1575 benefit plan.
1576 (4) Nothing in this section affects any billing authorized under Section [
1577 53-2d-503.
1578 (5) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, and
1579 Section 53-2d-105, the committee shall make rules to implement this section.
1580 Section 38. Section 53-2d-301, which is renumbered from Section 26-8a-250 is
1581 renumbered and amended to read:
1582
1583 [
1584 The [
1585 system to:
1586 (1) promote optimal care for trauma patients;
1587 (2) alleviate unnecessary death and disability from trauma and emergency illness;
1588 (3) inform health care providers about trauma system capabilities;
1589 (4) encourage the efficient and effective continuum of patient care, including
1590 prevention, prehospital care, hospital care, and rehabilitative care; and
1591 (5) minimize the overall cost of trauma care.
1592 Section 39. Section 53-2d-302, which is renumbered from Section 26-8a-251 is
1593 renumbered and amended to read:
1594 [
1595 (1) There is created within the [
1596 committee.
1597 (2) (a) The committee shall be comprised of individuals knowledgeable in adult or
1598 pediatric trauma care, including physicians, physician assistants, nurses, hospital
1599 administrators, emergency medical services personnel, government officials, consumers, and
1600 persons affiliated with professional health care associations.
1601 (b) Representation on the committee shall be broad and balanced among the health care
1602 delivery systems in the state with no more than three representatives coming from any single
1603 delivery system.
1604 (3) The committee shall:
1605 (a) advise the [
1606 (b) assist the [
1607 trauma system;
1608 (c) review and comment on proposals and rules governing the statewide trauma
1609 system; and
1610 (d) make recommendations for the development of statewide triage, treatment,
1611 transportation, and transfer guidelines.
1612 (4) The [
1613 (a) determine, by rule, the term and causes for removal of committee members;
1614 (b) establish committee procedures and administration policies consistent with this
1615 chapter and department rule; and
1616 (c) provide administrative support to the committee.
1617 Section 40. Section 53-2d-303, which is renumbered from Section 26-8a-252 is
1618 renumbered and amended to read:
1619 [
1620 In connection with the statewide trauma system established in Section [
1621 53-2d-301, the [
1622 (1) establish a statewide trauma system plan that:
1623 (a) identifies statewide trauma care needs, objectives, and priorities;
1624 (b) identifies the equipment, facilities, personnel training, and other things necessary to
1625 create and maintain a statewide trauma system; and
1626 (c) organizes and coordinates trauma care within defined geographic areas;
1627 (2) support the statewide trauma system by:
1628 (a) facilitating the coordination of prehospital, acute care, and rehabilitation services
1629 and providers through state regulation and oversight;
1630 (b) facilitating the ongoing evaluation and refinement of the statewide trauma system;
1631 (c) providing educational programs;
1632 (d) encouraging cooperation between community organizations, health care facilities,
1633 public health officials, emergency medical service providers, and rehabilitation facilities for the
1634 development of a statewide trauma system;
1635 (e) implementing a quality assurance program using information from the statewide
1636 trauma registry established pursuant to Section [
1637 (f) establishing trauma center designation requirements in accordance with Section
1638 [
1639 (g) developing standards so that:
1640 (i) trauma centers are categorized according to their capability to provide care;
1641 (ii) trauma victims are triaged at the initial point of patient contact; and
1642 (iii) trauma patients are sent to appropriate health care facilities.
1643 Section 41. Section 53-2d-304, which is renumbered from Section 26-8a-253 is
1644 renumbered and amended to read:
1645 [
1646 program.
1647 (1) The [
1648 (a) establish and fund a statewide trauma registry to collect and analyze information on
1649 the incidence, severity, causes, and outcomes of trauma;
1650 (b) establish, by rule, the data elements, the medical care providers that shall report,
1651 and the time frame and format for reporting;
1652 (c) use the data collected to:
1653 (i) improve the availability and delivery of prehospital and hospital trauma care;
1654 (ii) assess trauma care delivery, patient care outcomes, and compliance with the
1655 requirements of this chapter and applicable department rules; and
1656 (iii) regularly produce and disseminate reports to data providers, state government, and
1657 the public; and
1658 (d) support data collection and abstraction by providing:
1659 (i) a data collection system and technical assistance to each hospital that submits data;
1660 and
1661 (ii) funding or, at the discretion of the [
1662 and abstraction for each hospital not designated as a trauma center under the standards
1663 established pursuant to Section [
1664 (2) (a) Each hospital shall submit trauma data in accordance with rules established
1665 under Subsection (1).
1666 (b) A hospital designated as a trauma center shall submit data as part of the ongoing
1667 quality assurance program established in Section [
1668 (3) The department shall assess:
1669 (a) the effectiveness of the data collected pursuant to Subsection (1); and
1670 (b) the impact of the statewide trauma system on the provision of trauma care.
1671 (4) Data collected under this section shall be subject to Title 26, Chapter 3, Health
1672 Statistics.
1673 (5) No person may be held civilly liable for having provided data to the department in
1674 accordance with this section.
1675 Section 42. Section 53-2d-305, which is renumbered from Section 26-8a-254 is
1676 renumbered and amended to read:
1677 [
1678 (1) The [
1679 committee, shall establish by rule:
1680 (a) trauma center designation requirements; and
1681 (b) model state guidelines for triage, treatment, transportation, and transfer of trauma
1682 patients to the most appropriate health care facility.
1683 (2) The [
1684 (a) voluntarily requests a trauma center designation; and
1685 (b) meets the applicable requirements established pursuant to Subsection (1).
1686 Section 43. Section 53-2d-401, which is renumbered from Section 26-8a-301 is
1687 renumbered and amended to read:
1688
1689 [
1690 (1) Except as provided in Section [
1691 (a) an individual may not provide emergency medical services without a license or
1692 certification issued under Section [
1693 (b) a facility or provider may not hold itself out as a designated emergency medical
1694 service provider or nonemergency secured behavioral health transport provider without a
1695 designation issued under Section [
1696 (c) a vehicle may not operate as an ambulance, emergency response vehicle, or
1697 nonemergency secured behavioral health transport vehicle without a permit issued under
1698 Section [
1699 (d) an entity may not respond as an ambulance or paramedic provider without the
1700 appropriate license issued under [
1701 Ambulance and Paramedic Providers.
1702 (2) Section [
1703 Section 44. Section 53-2d-402, which is renumbered from Section 26-8a-302 is
1704 renumbered and amended to read:
1705 [
1706 personnel.
1707 (1) To promote the availability of comprehensive emergency medical services
1708 throughout the state, the committee shall establish:
1709 (a) initial and ongoing licensure and training requirements for emergency medical
1710 service personnel in the following categories:
1711 (i) paramedic;
1712 (ii) advanced emergency medical services technician;
1713 (iii) emergency medical services technician;
1714 (iv) behavioral emergency services technician; and
1715 (v) advanced behavioral emergency services technician;
1716 (b) a method to monitor the certification status and continuing medical education hours
1717 for emergency medical dispatchers; and
1718 (c) guidelines for giving credit for out-of-state training and experience.
1719 (2) The [
1720 (1):
1721 (a) develop, conduct, and authorize training and testing for emergency medical service
1722 personnel;
1723 (b) issue a license and license renewals to emergency medical service personnel other
1724 than emergency medical dispatchers; and
1725 (c) verify the certification of emergency medical dispatchers.
1726 (3) The [
1727 described in Section 17-43-301 to develop and authorize initial and ongoing licensure and
1728 training requirements for licensure as a:
1729 (a) behavioral emergency services technician; and
1730 (b) advanced behavioral emergency services technician.
1731 (4) As provided in Section [
1732 certified under this section may only provide emergency medical services to the extent allowed
1733 by the license or certification.
1734 (5) An individual may not be issued or retain a license under this section unless the
1735 individual obtains and retains background clearance under Section [
1736 (6) An individual may not be issued or retain a certification under this section unless
1737 the individual obtains and retains background clearance in accordance with Section
1738 [
1739 Section 45. Section 53-2d-403, which is renumbered from Section 26-8a-303 is
1740 renumbered and amended to read:
1741 [
1742 providers and nonemergency secured behavioral health transport providers.
1743 (1) To ensure quality emergency medical services, the committee shall establish
1744 designation requirements for:
1745 (a) emergency medical service providers in the following categories:
1746 (i) quick response provider;
1747 (ii) resource hospital for emergency medical providers;
1748 (iii) emergency medical service dispatch center;
1749 (iv) emergency patient receiving facilities; and
1750 (v) other types of emergency medical service providers as the committee considers
1751 necessary; and
1752 (b) nonemergency secured behavioral health transport providers.
1753 (2) The [
1754 designations to emergency medical service providers and nonemergency secured behavioral
1755 health transport providers listed in Subsection (1).
1756 (3) As provided in Section [
1757 Subsection (2) may only function and hold itself out in accordance with its designation.
1758 Section 46. Section 53-2d-404, which is renumbered from Section 26-8a-304 is
1759 renumbered and amended to read:
1760 [
1761 and nonemergency secured behavioral health transport vehicles.
1762 (1) (a) To ensure that emergency medical service vehicles and nonemergency secured
1763 behavioral health transport vehicles are adequately staffed, safe, maintained, properly
1764 equipped, and safely operated, the committee shall establish permit requirements at levels it
1765 considers appropriate in the following categories:
1766 (i) ambulance;
1767 (ii) emergency medical response vehicle; and
1768 (iii) nonemergency secured behavioral health transport vehicle.
1769 (b) The permit requirements under Subsections (1)(a)(i) and (ii) shall include a
1770 requirement that beginning on or after January 31, 2014, every operator of an ambulance or
1771 emergency medical response vehicle annually provide proof of the successful completion of an
1772 emergency vehicle operator's course approved by the [
1773 and emergency medical response vehicle operators.
1774 (2) The [
1775 (1), issue permits to emergency medical service vehicles and nonemergency secured behavioral
1776 health transport vehicles.
1777 Section 47. Section 53-2d-405, which is renumbered from Section 26-8a-305 is
1778 renumbered and amended to read:
1779 [
1780 medical transport.
1781 Except as provided in Section [
1782 under a permit issued under Section [
1783 (1) is in an emergency medical condition;
1784 (2) is medically or mentally unstable, requiring direct medical observation during
1785 transport;
1786 (3) is physically incapacitated because of illness or injury and in need of immediate
1787 transport by emergency medical service personnel;
1788 (4) is likely to require medical attention during transport;
1789 (5) is being maintained on any type of emergency medical electronic monitoring;
1790 (6) is receiving or has recently received medications that could cause a sudden change
1791 in medical condition that might require emergency medical services;
1792 (7) requires IV administration or maintenance, oxygen that is not patient-operated, or
1793 other emergency medical services during transport;
1794 (8) needs to be immobilized during transport to a hospital, an emergency patient
1795 receiving facility, or mental health facility due to a mental or physical condition, unless the
1796 individual is in the custody of a peace officer and the primary purpose of the restraint is to
1797 prevent escape;
1798 (9) needs to be immobilized due to a fracture, possible fracture, or other medical
1799 condition; or
1800 (10) otherwise requires or has the potential to require a level of medical care that the
1801 committee establishes as requiring direct medical observation.
1802 Section 48. Section 53-2d-406, which is renumbered from Section 26-8a-306 is
1803 renumbered and amended to read:
1804 [
1805 (1) The committee shall establish requirements for the coordination of emergency
1806 medical services rendered by emergency medical service providers, including the coordination
1807 between prehospital providers, hospitals, emergency patient receiving facilities, and other
1808 appropriate destinations.
1809 (2) The committee shall establish requirements for the medical supervision of
1810 emergency medical service providers to assure adequate physician oversight of emergency
1811 medical services and quality improvement.
1812 Section 49. Section 53-2d-407, which is renumbered from Section 26-8a-307 is
1813 renumbered and amended to read:
1814 [
1815 (1) If an individual being transported by a ground or air ambulance is in a critical or
1816 unstable medical condition, the ground or air ambulance shall transport the patient to the
1817 trauma center or closest emergency patient receiving facility appropriate to adequately treat the
1818 patient.
1819 (2) If the patient's condition is not critical or unstable as determined by medical
1820 control, the ground or air ambulance may transport the patient to the:
1821 (a) hospital, emergency patient receiving facility, licensed mental health facility, or
1822 other medical provider chosen by the patient and approved by medical control as appropriate
1823 for the patient's condition and needs; or
1824 (b) nearest hospital, emergency patient receiving facility, licensed mental health
1825 facility, or other medical provider approved by medical control as appropriate for the patient's
1826 condition and needs if the patient expresses no preference.
1827 Section 50. Section 53-2d-408, which is renumbered from Section 26-8a-308 is
1828 renumbered and amended to read:
1829 [
1830 (1) The following persons may provide emergency medical services to a patient
1831 without being licensed under this chapter:
1832 (a) out-of-state emergency medical service personnel and providers in time of disaster;
1833 (b) an individual who gratuitously acts as a Good Samaritan;
1834 (c) a family member;
1835 (d) a private business if emergency medical services are provided only to employees at
1836 the place of business and during transport;
1837 (e) an agency of the United States government if compliance with this chapter would
1838 be inconsistent with federal law; and
1839 (f) police, fire, and other public service personnel if:
1840 (i) emergency medical services are rendered in the normal course of the person's duties;
1841 and
1842 (ii) medical control, after being apprised of the circumstances, directs immediate
1843 transport.
1844 (2) An ambulance or emergency response vehicle may operate without a permit issued
1845 under Section [
1846 (3) Nothing in this chapter or Title 58, Occupations and Professions, may be construed
1847 as requiring a license for an individual to administer cardiopulmonary resuscitation or to use a
1848 fully automated external defibrillator under Section [
1849 (4) Nothing in this chapter may be construed as requiring a license, permit, or
1850 designation for an acute care hospital, medical clinic, physician's office, or other fixed medical
1851 facility that:
1852 (a) is staffed by a physician, physician's assistant, nurse practitioner, or registered
1853 nurse; and
1854 (b) treats an individual who has presented himself or was transported to the hospital,
1855 clinic, office, or facility.
1856 Section 51. Section 53-2d-409, which is renumbered from Section 26-8a-309 is
1857 renumbered and amended to read:
1858 [
1859 (1) An ambulance or emergency response vehicle from another state may not pick up a
1860 patient in Utah to transport that patient to another location in Utah or to another state without a
1861 permit issued under Section [
1862 issued under [
1863 Providers.
1864 (2) Notwithstanding Subsection (1), an ambulance or emergency response vehicle from
1865 another state may, without a permit or license:
1866 (a) transport a patient into Utah; and
1867 (b) provide assistance in time of disaster.
1868 (3) The [
1869 providers and their respective licensing agencies from other states to assure the expeditious
1870 delivery of emergency medical services beyond what may be reasonably provided by licensed
1871 ambulance and paramedic providers, including the transportation of patients between states.
1872 Section 52. Section 53-2d-410, which is renumbered from Section 26-8a-310 is
1873 renumbered and amended to read:
1874 [
1875 service personnel.
1876 (1) Subject to Section [
1877 determine whether to grant background clearance for an individual seeking licensure or
1878 certification under Section [
1879 receives:
1880 (a) the individual's social security number, fingerprints, and other personal
1881 identification information specified by the department under Subsection (4); and
1882 (b) any fees established by the department under Subsection (10).
1883 (2) The [
1884 clearance for individuals for whom the department has previously granted background
1885 clearance.
1886 (3) The [
1887 background clearance for an individual based on an initial and ongoing evaluation of
1888 information the [
1889 minimum, shall include an initial criminal background check of state, regional, and national
1890 databases using the individual's fingerprints.
1891 (4) The [
1892 Utah Administrative Rulemaking Act, that specify:
1893 (a) the criteria the [
1894 whether to grant, deny, or revoke background clearance; and
1895 (b) the other personal identification information an individual seeking licensure or
1896 certification under Section [
1897 (5) To determine whether to grant, deny, or revoke background clearance, the
1898 [
1899 (a) Department of Public Safety arrest, conviction, and disposition records described in
1900 [
1901 Criminal Investigations and Technical Services Act, including information in state, regional,
1902 and national records files;
1903 (b) adjudications by a juvenile court of committing an act that if committed by an adult
1904 would be a felony or misdemeanor, if:
1905 (i) the applicant is under 28 years old; or
1906 (ii) the applicant:
1907 (A) is over 28 years old; and
1908 (B) has been convicted of, has pleaded no contest to, or is currently subject to a plea in
1909 abeyance or diversion agreement for a felony or misdemeanor;
1910 (c) juvenile court arrest, adjudication, and disposition records, other than those under
1911 Subsection (5)(b), as allowed under Section 78A-6-209;
1912 (d) child abuse or neglect findings described in Section 80-3-404;
1913 (e) the department's Licensing Information System described in Section 80-2-1002;
1914 (f) the department's database of reports of vulnerable adult abuse, neglect, or
1915 exploitation, described in Section 62A-3-311.1;
1916 (g) Division of Professional Licensing records of licensing and certification under Title
1917 58, Occupations and Professions;
1918 (h) records in other federal criminal background databases available to the state; and
1919 (i) any other records of arrests, warrants for arrest, convictions, pleas in abeyance,
1920 pending diversion agreements, or dispositions.
1921 (6) Except for the Department of Public Safety, an agency may not charge the
1922 [
1923 (7) When evaluating information under Subsection (3), the [
1924 classify a crime committed in another state according to the closest matching crime under Utah
1925 law, regardless of how the crime is classified in the state where the crime was committed.
1926 (8) The [
1927 the department accesses under Subsection (5), which shall include limiting access by
1928 department employees to those responsible for acquiring, evaluating, or otherwise processing
1929 the information.
1930 (9) The [
1931 [
1932 of the information is not identified as a perpetrator or offender in the information sources
1933 described in Subsections (5)(d) through (f).
1934 (10) The [
1935 to pay for:
1936 (a) the cost of obtaining, storing, and evaluating information needed under Subsection
1937 (3), both initially and on an ongoing basis, to determine whether to grant, deny, or revoke
1938 background clearance; and
1939 (b) other [
1940 background clearance.
1941 (11) The Criminal Investigations and Technical Services Division within the
1942 Department of Public Safety shall:
1943 (a) retain, separate from other division records, personal information under Subsection
1944 (1), including any fingerprints sent to it by the department; and
1945 (b) notify the [
1946 personal information has been retained is the subject of:
1947 (i) a warrant for arrest;
1948 (ii) an arrest;
1949 (iii) a conviction, including a plea in abeyance; or
1950 (iv) a pending diversion agreement.
1951 (12) The [
1952 created under Section 26-21-209 to manage information about the background clearance status
1953 of each individual for whom the [
1954 Subsection (1).
1955 (13) Clearance granted for an individual licensed or certified under Section
1956 [
1957 longer licensed or certified in Utah as emergency medical service personnel.
1958 Section 53. Section 53-2d-410.5, which is renumbered from Section 26-8a-310.5 is
1959 renumbered and amended to read:
1960 [
1961 medical dispatchers.
1962 An emergency medical dispatcher seeking certification under Section [
1963 53-2d-402 shall undergo the background clearance process described in Section [
1964 53-2d-410 unless the emergency medical dispatcher can demonstrate that the emergency
1965 medical dispatcher has received and currently holds an approved Department of Public Safety
1966 background clearance.
1967 Section 54. Section 53-2d-501, which is renumbered from Section 26-8a-401 is
1968 renumbered and amended to read:
1969
1970 [
1971 market -- License term.
1972 (1) To ensure emergency medical service quality and minimize unnecessary
1973 duplication, the [
1974 creating and operating a statewide system that:
1975 (a) consists of exclusive geographic service areas as provided in Section [
1976 53-2d-502; and
1977 (b) establishes maximum rates as provided in Section [
1978 (2) A license issued or renewed under this part is valid for four years.
1979 Section 55. Section 53-2d-502, which is renumbered from Section 26-8a-402 is
1980 renumbered and amended to read:
1981 [
1982 (1) (a) Each ground ambulance provider license issued under this part shall be for an
1983 exclusive geographic service area as described in the license.
1984 (b) Only the licensed ground ambulance provider may respond to an ambulance request
1985 that originates within the provider's exclusive geographic service area, except as provided in
1986 Subsection (5) and Section [
1987 (2) (a) Each paramedic provider license issued under this part shall be for an exclusive
1988 geographic service area as described in the license.
1989 (b) Only the licensed paramedic provider may respond to a paramedic request that
1990 originates within the exclusive geographic service area, except as provided in Subsection (6)
1991 and Section [
1992 (3) Nothing in this section may be construed as either requiring or prohibiting that the
1993 formation of boundaries in a given location be the same for a licensed paramedic provider and
1994 a licensed ambulance provider.
1995 (4) (a) A licensed ground ambulance or paramedic provider may, as necessary, enter
1996 into a mutual aid agreement to allow another licensed provider to give assistance in times of
1997 unusual demand, as that term is defined by the committee in rule.
1998 (b) A mutual aid agreement shall include a formal written plan detailing the type of
1999 assistance and the circumstances under which it would be given.
2000 (c) The parties to a mutual aid agreement shall submit a copy of the agreement to the
2001 department.
2002 (d) Notwithstanding this Subsection (4), a licensed provider may not subcontract with
2003 another entity to provide services in the licensed provider's exclusive geographic service area.
2004 (5) Notwithstanding Subsection (1), a licensed ground ambulance provider may
2005 respond to an ambulance request that originates from the exclusive geographic area of another
2006 provider:
2007 (a) pursuant to a mutual aid agreement;
2008 (b) to render assistance on a case-by-case basis to that provider; and
2009 (c) as necessary to meet needs in time of disaster or other major emergency.
2010 (6) Notwithstanding Subsection (2), a licensed paramedic provider may respond to a
2011 paramedic request that originates from the exclusive geographic area of another provider:
2012 (a) pursuant to a mutual aid agreement;
2013 (b) to render assistance on a case-by-case basis to that provider; and
2014 (c) as necessary to meet needs in time of disaster or other major emergency.
2015 (7) The [
2016 of an exclusive geographic area with the boundaries of a political subdivision:
2017 (a) if the alignment is practical and in the public interest;
2018 (b) if each licensed provider that would be affected by the alignment agrees to the
2019 alignment; and
2020 (c) taking into consideration the requirements of:
2021 (i) Section 11-48-103; and
2022 (ii) Section [
2023 Section 56. Section 53-2d-503, which is renumbered from Section 26-8a-403 is
2024 renumbered and amended to read:
2025 [
2026 (1) The [
2027 (2), establish maximum rates for ground ambulance providers and paramedic providers that are
2028 just and reasonable.
2029 (2) The committee may make recommendations to the [
2030 maximum rates that should be set under Subsection (1).
2031 (3) (a) The [
2032 paramedic providers from charging fees for transporting a patient when the provider does not
2033 transport the patient.
2034 (b) The provisions of Subsection (3)(a) do not apply to ambulance providers or
2035 paramedic providers in a geographic service area which contains a town as defined in
2036 Subsection 10-2-301(2)(f).
2037 Section 57. Section 53-2d-504, which is renumbered from Section 26-8a-404 is
2038 renumbered and amended to read:
2039 [
2040 Application and department review.
2041 (1) Except as provided in Section [
2042 ambulance or paramedic license shall apply to the [
2043 (a) submitting a completed application;
2044 (b) providing information in the format required by the department; and
2045 (c) paying the required fees, including the cost of the hearing officer.
2046 (2) The [
2047 requirements for:
2048 (a) personnel;
2049 (b) capital reserves;
2050 (c) equipment;
2051 (d) a business plan;
2052 (e) operational procedures;
2053 (f) medical direction agreements;
2054 (g) management and control; and
2055 (h) other matters that may be relevant to an applicant's ability to provide ground
2056 ambulance or paramedic service.
2057 (3) An application for a license to provide ground ambulance service or paramedic
2058 service shall be for all ground ambulance services or paramedic services arising within the
2059 geographic service area, except that an applicant may apply for a license for less than all
2060 ground ambulance services or all paramedic services arising within an exclusive geographic
2061 area if it can demonstrate how the remainder of that area will be served.
2062 (4) (a) A ground ambulance service licensee may apply to the [
2063 a license to provide a higher level of service as defined by [
2064 application includes:
2065 (i) a copy of the new treatment protocols for the higher level of service approved by the
2066 off-line medical director;
2067 (ii) an assessment of field performance by the applicant's off-line director; and
2068 (iii) an updated plan of operation demonstrating the ability of the applicant to provide
2069 the higher level of service.
2070 (b) If the [
2071 ability to provide the higher level of service in accordance with Subsection (4)(a), the
2072 [
2073 requirements of Section 26-8a-408 do not apply.
2074 (c) A revised license issued under Subsection (4)(b):
2075 (i) may only affect the level of service that the licensee may provide; and
2076 (ii) may not affect any other terms, conditions, or limitations of the original license.
2077 (5) Upon receiving a completed application and the required fees, the [
2078 bureau shall review the application and determine whether the application meets the minimum
2079 qualifications and requirements for licensure.
2080 (6) The [
2081 materially false or misleading information, is incomplete, or if the application demonstrates
2082 that the applicant fails to meet the minimum qualifications and requirements for licensure
2083 under Subsection (2).
2084 (7) If the department denies an application, it shall notify the applicant in writing
2085 setting forth the grounds for the denial. A denial may be appealed under Title 63G, Chapter 4,
2086 Administrative Procedures Act.
2087 Section 58. Section 53-2d-505, which is renumbered from Section 26-8a-405 is
2088 renumbered and amended to read:
2089 [
2090 Agency notice of approval.
2091 (1) [
2092 application meets the minimum requirements for licensure under Section [
2093 53-2d-504, the [
2094 applicant.
2095 (2) A current license holder responding to a request for proposal under Section
2096 [
2097 [
2098 proposal, submits the following to the department:
2099 (a) the information described in Subsections [
2100 through (iii); and
2101 (b) (i) if the license holder is a private entity, a financial statement, a pro forma budget
2102 and necessary letters of credit demonstrating a financial ability to expand service to a new
2103 service area; or
2104 (ii) if the license holder is a governmental entity, a letter from the governmental entity's
2105 governing body demonstrating the governing body's willingness to financially support the
2106 application.
2107 Section 59. Section 53-2d-505.1, which is renumbered from Section 26-8a-405.1 is
2108 renumbered and amended to read:
2109 [
2110 (1) (a) Only an applicant approved under Section [
2111 respond to a request for a proposal issued in accordance with Section [
2112 53-2d-505.2 or [
2113 (b) A response to a request for proposal is subject to the maximum rates established by
2114 the [
2115 (c) A political subdivision may award a contract to an applicant in response to a
2116 request for proposal:
2117 (i) in accordance with Section [
2118 (ii) subject to Subsections (2) and (3).
2119 (2) (a) The [
2120 political subdivision under Subsection (1) unless the [
2121 license to that applicant would jeopardize the health, safety, and welfare of the citizens of the
2122 geographic service area.
2123 (b) A license issued under this Subsection (2):
2124 (i) is for the exclusive geographic service area approved by the [
2125 accordance with Subsection [
2126 (ii) is valid for four years;
2127 (iii) is not subject to a request for license from another applicant under the provisions
2128 of Sections [
2129 unless the applicant's license is revoked under Section [
2130 (iv) is subject to revocation or revision under Subsection (3)(d); and
2131 (v) is subject to supervision by the department under Sections [
2132 and [
2133 (3) Notwithstanding Subsection (2)(b), a political subdivision may terminate a contract
2134 described in Subsection (1)(c), with or without cause, if:
2135 (a) the contract:
2136 (i) is entered into on or after May 5, 2021; and
2137 (ii) allows an applicant to provide 911 ambulance services;
2138 (b) the political subdivision provides written notice to the applicant described in
2139 Subsection (3)(a)(ii) and the [
2140 (i) at least 18 months before the day on which the contract is terminated; or
2141 (ii) within a period of time shorter than 18 months before the day on which the contract
2142 is terminated, if otherwise agreed to by the applicant and the department;
2143 (c) the political subdivision selects another applicant to provide 911 ambulance
2144 services for the political subdivision in accordance with Section [
2145 (d) the [
2146 (i) revokes the license of the applicant described in Subsection (3)(a)(ii), or issues a
2147 new or revised license for the applicant described in Subsection (3)(a)(ii):
2148 (A) in order to remove the area that is subject to the contract from the applicant's
2149 exclusive geographic service area; and
2150 (B) to take effect the day on which the contract is terminated; and
2151 (ii) issues a new or revised license for the applicant described in Subsection (3)(c):
2152 (A) in order to allow the applicant to provide 911 ambulance services for the area
2153 described in Subsection (3)(d)(i)(A); and
2154 (B) to take effect the day on which the contract is terminated; and
2155 (e) the termination does not create an orphaned area.
2156 (4) Except as provided in Subsection [
2157 provisions of Sections [
2158 license issued under this section.
2159 Section 60. Section 53-2d-505.2, which is renumbered from Section 26-8a-405.2 is
2160 renumbered and amended to read:
2161 [
2162 sealed proposal -- Public convenience and necessity.
2163 (1) (a) A political subdivision may contract with an applicant approved under Section
2164 [
2165 the department in accordance with Subsection (2), if:
2166 (i) the political subdivision complies with the provisions of this section and Section
2167 [
2168 (ii) the political subdivision complies with Sections [
2169 [
2170 (b) (i) The provisions of this section and Sections [
2171 [
2172 subdivision to issue a request for proposal for ambulance or paramedic services or non-911
2173 services.
2174 (ii) If a political subdivision does not contract with an applicant in accordance with this
2175 section and Section [
2176 53-2d-506 through [
2177 paramedic services in the geographic service area that is within the boundaries of the political
2178 subdivision.
2179 (iii) If a political subdivision does not contract with an applicant in accordance with
2180 this section, Section [
2181 license for the non-911 services in the geographic service area that is within the boundaries of
2182 the political subdivision may be issued:
2183 (A) under the public convenience and necessity provisions of Sections [
2184 53-2d-506 through [
2185 (B) by a request for proposal issued by the department under Section [
2186 53-2d-505.5.
2187 (c) (i) For purposes of this Subsection (1)(c):
2188 (A) "Fire district" means a local district under Title 17B, Limited Purpose Local
2189 Government Entities - Local Districts, that:
2190 (I) is located in a county of the first or second class; and
2191 (II) provides fire protection, paramedic, and emergency services.
2192 (B) "Participating municipality" means a city or town whose area is partly or entirely
2193 included within a county service area or fire district.
2194 (C) "Participating county" means a county whose unincorporated area is partly or
2195 entirely included within a fire district.
2196 (ii) A participating municipality or participating county may as provided in this section
2197 and Section [
2198 paramedic service.
2199 (iii) If the participating municipality or participating county contracts with a provider
2200 for services under this section and Section [
2201 (A) the fire district is not obligated to provide the services that are included in the
2202 contract between the participating municipality or the participating county and the provider;
2203 (B) the fire district may impose taxes and obligations within the fire district in the same
2204 manner as if the participating municipality or participating county were receiving all services
2205 offered by the fire district; and
2206 (C) the participating municipality's and participating county's obligations to the fire
2207 district are not diminished.
2208 (2) (a) The political subdivision shall submit the request for proposal and the exclusive
2209 geographic service area to be included in a request for proposal issued under [
2210 Subsection (1)(a)(i) or (ii) to the [
2211 for proposal.
2212 (b) The department shall approve the request for proposal and the exclusive geographic
2213 service area:
2214 (i) unless the geographic service area creates an orphaned area; and
2215 (ii) in accordance with Subsections [
2216 [
2217 (i) include the entire geographic service area that is within the political subdivision's
2218 boundaries;
2219 (ii) include islands within or adjacent to other peripheral areas not included in the
2220 political subdivision that governs the geographic service area; or
2221 (iii) exclude portions of the geographic service area within the political subdivision's
2222 boundaries if another political subdivision or licensed provider agrees to include the excluded
2223 area within their license.
2224 [
2225 service shall demonstrate that non-911 ambulance or paramedic service will be provided in the
2226 geographic service area, either by the current provider, the applicant, or some other method
2227 acceptable to the [
2228 (ii) The [
2229 service area on the costs to the non-911 provider and that provider's ability to provide only
2230 non-911 services in the proposed area.
2231 Section 61. Section 53-2d-505.3, which is renumbered from Section 26-8a-405.3 is
2232 renumbered and amended to read:
2233 [
2234 Procedure -- Appeal rights.
2235 (1) (a) Competitive sealed proposals for paramedic or 911 ambulance services under
2236 Section [
2237 53-2d-505.4, shall be solicited through a request for proposal and the provisions of this section.
2238 (b) The governing body of the political subdivision shall approve the request for
2239 proposal prior to the notice of the request for proposals under Subsection (1)(c).
2240 (c) Notice of the request for proposals shall be published:
2241 (i) by posting the notice for at least 20 days in at least five public places in the county;
2242 and
2243 (ii) by posting the notice on the Utah Public Notice Website, created in Section
2244 63A-16-601, for at least 20 days.
2245 (2) (a) Proposals shall be opened so as to avoid disclosure of contents to competing
2246 offerors during the process of negotiations.
2247 (b) (i) Subsequent to the published notice, and prior to selecting an applicant, the
2248 political subdivision shall hold a presubmission conference with interested applicants for the
2249 purpose of assuring full understanding of, and responsiveness to, solicitation requirements.
2250 (ii) A political subdivision shall allow at least 90 days from the presubmission
2251 conference for the proposers to submit proposals.
2252 (c) (i) Subsequent to the presubmission conference, the political subdivision may issue
2253 addenda to the request for proposals.
2254 (ii) An [
2255 the political subdivision at least 45 days before the day on which the proposal must be
2256 submitted.
2257 (d) Offerors to the request for proposals shall be accorded fair and equal treatment with
2258 respect to any opportunity for discussion and revisions of proposals, and revisions may be
2259 permitted after submission and before a contract is awarded for the purpose of obtaining best
2260 and final offers.
2261 (e) In conducting discussions, there shall be no disclosures of any information derived
2262 from proposals submitted by competing offerors.
2263 (3) (a) (i) A political subdivision may select an applicant approved by the [
2264 bureau under Section [
2265 by contract to the most responsible offeror as defined in Section 63G-6a-103.
2266 (ii) An award under Subsection (3)(a)(i) shall be made to the responsible offeror whose
2267 proposal is determined in writing to be the most advantageous to the political subdivision,
2268 taking into consideration price and the evaluation factors set forth in the request for proposal.
2269 (b) The applicants who are approved under Section [
2270 are selected under this section may be the political subdivision issuing the request for
2271 competitive sealed proposals, or any other public entity or entities, any private person or entity,
2272 or any combination thereof.
2273 (c) A political subdivision may reject all of the competitive proposals.
2274 (4) In seeking competitive sealed proposals and awarding contracts under this section,
2275 a political subdivision:
2276 (a) shall apply the public convenience and necessity factors listed in Subsections
2277 [
2278 (b) shall require the applicant responding to the proposal to disclose how the applicant
2279 will meet performance standards in the request for proposal;
2280 (c) may not require or restrict an applicant to a certain method of meeting the
2281 performance standards, including:
2282 (i) requiring ambulance medical personnel to also be a firefighter; or
2283 (ii) mandating that offerors use fire stations or dispatch services of the political
2284 subdivision;
2285 (d) shall require an applicant to submit the proposal:
2286 (i) based on full cost accounting in accordance with generally accepted accounting
2287 principals; and
2288 (ii) if the applicant is a governmental entity, in addition to the requirements of
2289 Subsection (4)(e)(i), in accordance with generally accepted government auditing standards and
2290 in compliance with the State of Utah Legal Compliance Audit Guide; and
2291 (e) shall set forth in the request for proposal:
2292 (i) the method for determining full cost accounting in accordance with generally
2293 accepted accounting principles, and require an applicant to submit the proposal based on such
2294 full cost accounting principles;
2295 (ii) guidelines established to further competition and provider accountability; and
2296 (iii) a list of the factors that will be considered by the political subdivision in the award
2297 of the contract, including by percentage, the relative weight of the factors established under this
2298 Subsection (4)(e), which may include such things as:
2299 (A) response times;
2300 (B) staging locations;
2301 (C) experience;
2302 (D) quality of care; and
2303 (E) cost, consistent with the cost accounting method in Subsection (4)(e)(i).
2304 (5) (a) Notwithstanding any provision of Title 63G, Chapter 6a, Utah Procurement
2305 Code, to the contrary, the provisions of Title 63G, Chapter 6a, Utah Procurement Code, apply
2306 to the procurement process required by this section, except as provided in Subsection (5)(c).
2307 (b) A procurement appeals panel described in Section 63G-6a-1702 shall have
2308 jurisdiction to review and determine an appeal of an offeror under this section.
2309 (c) (i) (A) An offeror may appeal the solicitation or award as provided by the political
2310 subdivision's procedures.
2311 (B) After all political subdivision appeal rights are exhausted, the offeror may appeal
2312 under [
2313 (ii) A procurement appeals panel described in Section 63G-6a-1702 shall determine
2314 whether the solicitation or award was made in accordance with the procedures set forth in this
2315 section and Section [
2316 (d) The determination of an issue of fact by the appeals board shall be final and
2317 conclusive unless arbitrary and capricious or clearly erroneous as provided in Section
2318 63G-6a-1705.
2319 Section 62. Section 53-2d-505.4, which is renumbered from Section 26-8a-405.4 is
2320 renumbered and amended to read:
2321 [
2322 complaint -- Request for proposals.
2323 (1) (a) This section applies to a non-911 provider license under this chapter.
2324 (b) The [
2325 (i) receive a complaint about a non-911 provider;
2326 (ii) determine whether the complaint has merit;
2327 (iii) issue a finding of:
2328 (A) a meritorious complaint; or
2329 (B) a non-meritorious complaint; and
2330 (iv) forward a finding of a meritorious complaint to the governing body of the political
2331 subdivision:
2332 (A) in which the non-911 provider is licensed; or
2333 (B) that provides the non-911 services, if different from Subsection (1)(b)(iv)(A).
2334 (2) (a) A political subdivision that receives a finding of a meritorious complaint from
2335 [
2336 determines is appropriate.
2337 [
2338
2339 [
2340 resolve the complaint or is not appropriate shall:
2341 [
2342 in the geographic service area [
2343
2344 [
2345 appropriate [
2346 [
2347 request that the [
2348 [
2349 [
2350 (2)(b)(i):
2351 (i) may not respond to the request for proposal; and
2352 (ii) shall issue the request for proposal in accordance with Sections 53-2d-505.1
2353 through 53-2d-505.3.
2354 [
2355
2356 [
2357 the bureau described Subsection (2)(b)(ii), the [
2358 proposal for non-911 services in accordance with Section 26-8a-405.5.
2359 (3) The [
2360 (a) the [
2361 the geographic service area:
2362 (i) a hospital;
2363 (ii) a health care facility;
2364 (iii) a political subdivision; or
2365 (iv) an individual; and
2366 (b) the [
2367 complaint has merit.
2368 (4) (a) If the [
2369 department shall request a written response from the non-911 provider concerning the
2370 complaint.
2371 (b) The [
2372 on:
2373 (i) the written response from the non-911 provider; and
2374 (ii) other information that the department may have concerning the quality of service of
2375 the non-911 provider.
2376 (c) (i) The [
2377 to an adjudicative proceeding under Title 63G, Chapter 4, Administrative Procedures Act.
2378 (ii) The [
2379 63G, Chapter 3, Utah Administrative Rulemaking Act, to implement the provisions of
2380 Subsection (1)(b).
2381 Section 63. Section 53-2d-505.5, which is renumbered from Section 26-8a-405.5 is
2382 renumbered and amended to read:
2383 [
2384 Procedure -- Appeal rights.
2385 (1) (a) The [
2386 in a geographic service area if the [
2387 subdivision under Subsection [
2388 for proposal for non-911 services.
2389 (b) Competitive sealed proposals for non-911 services under Subsection (1)(a) shall be
2390 solicited through a request for proposal and the provisions of this section.
2391 (c) (i) Notice of the request for proposals shall be published:
2392 (A) at least once a week for three consecutive weeks in a newspaper of general
2393 circulation published in the county; or
2394 (B) if there is no such newspaper, then notice shall be posted for at least 20 days in at
2395 least five public places in the county; and
2396 (ii) in accordance with Section 45-1-101 for at least 20 days.
2397 (2) (a) Proposals shall be opened so as to avoid disclosure of contents to competing
2398 offerors during the process of negotiations.
2399 (b) (i) Subsequent to the published notice, and prior to selecting an applicant, the
2400 department shall hold a presubmission conference with interested applicants for the purpose of
2401 assuring full understanding of, and responsiveness to, solicitation requirements.
2402 (ii) The department shall allow at least 90 days from the presubmission conference for
2403 the proposers to submit proposals.
2404 (c) (i) Subsequent to the presubmission conference, the department may issue addenda
2405 to the request for proposals.
2406 (ii) An [
2407 the department at least 45 days before the day on which the proposal must be submitted.
2408 (d) Offerors to the request for proposals shall be accorded fair and equal treatment with
2409 respect to any opportunity for discussion and revisions of proposals, and revisions may be
2410 permitted after submission and before a contract is awarded for the purpose of obtaining best
2411 and final offers.
2412 (e) In conducting discussions, there shall be no disclosures of any information derived
2413 from proposals submitted by competing offerors.
2414 (3) (a) (i) The [
2415 [
2416 contract to the most responsible offeror as defined in Section 63G-6a-103.
2417 (ii) An award under Subsection (3)(a)(i) shall be made to the responsible offeror whose
2418 proposal is determined in writing to be the most advantageous to the public, taking into
2419 consideration price and the evaluation factors set forth in the request for proposal.
2420 (b) The applicants who are approved under Section [
2421 are selected under this section may be the political subdivision responding to the request for
2422 competitive sealed proposals, or any other public entity or entities, any private person or entity,
2423 or any combination thereof.
2424 (c) The [
2425 (4) In seeking competitive sealed proposals and awarding contracts under this section,
2426 the [
2427 (a) shall consider the public convenience and necessity factors listed in Subsections
2428 [
2429 (b) shall require the applicant responding to the proposal to disclose how the applicant
2430 will meet performance standards in the request for proposal;
2431 (c) may not require or restrict an applicant to a certain method of meeting the
2432 performance standards, including:
2433 (i) requiring ambulance medical personnel to also be a firefighter; or
2434 (ii) mandating that offerors use fire stations or dispatch services of the political
2435 subdivision;
2436 (d) shall require an applicant to submit the proposal:
2437 (i) based on full cost accounting in accordance with generally accepted accounting
2438 principals; and
2439 (ii) if the applicant is a governmental entity, in addition to the requirements of
2440 Subsection (4)(e)(i), in accordance with generally accepted government auditing standards and
2441 in compliance with the State of Utah Legal Compliance Audit Guide; and
2442 (e) shall set forth in the request for proposal:
2443 (i) the method for determining full cost accounting in accordance with generally
2444 accepted accounting principles, and require an applicant to submit the proposal based on such
2445 full cost accounting principles;
2446 (ii) guidelines established to further competition and provider accountability; and
2447 (iii) a list of the factors that will be considered by the department in the award of the
2448 contract, including by percentage, the relative weight of the factors established under this
2449 Subsection (4)(e), which may include:
2450 (A) response times;
2451 (B) staging locations;
2452 (C) experience;
2453 (D) quality of care; and
2454 (E) cost, consistent with the cost accounting method in Subsection (4)(e)(i).
2455 (5) A license issued under this section:
2456 (a) is for the exclusive geographic service area approved by the department;
2457 (b) is valid for four years;
2458 (c) is not subject to a request for license from another applicant under the provisions of
2459 Sections [
2460 unless the applicant's license is revoked under Section [
2461 (d) is subject to supervision by the department under Sections [
2462 and [
2463 (e) except as provided in Subsection (4)(a), is not subject to the provisions of Sections
2464 [
2465 Section 64. Section 53-2d-506, which is renumbered from Section 26-8a-406 is
2466 renumbered and amended to read:
2467 [
2468 Parties.
2469 (1) When an applicant approved under Section [
2470 under the provisions of Sections [
2471 [
2472 (a) issue a notice of agency action to the applicant to commence an informal
2473 administrative proceeding;
2474 (b) provide notice of the application to all interested parties; and
2475 (c) publish notice of the application, at the applicant's expense:
2476 (i) once a week for four consecutive weeks, in a newspaper of general circulation in the
2477 geographic service area that is the subject of the application; and
2478 (ii) in accordance with Section 45-1-101 for four weeks.
2479 (2) An interested party has 30 days to object to an application.
2480 (3) If an interested party objects, the presiding officer shall join the interested party as
2481 an indispensable party to the proceeding.
2482 (4) The [
2483 interest.
2484 (5) Others who may be affected by the grant of a license to the applicant may join the
2485 proceeding, if the presiding officer determines that they meet the requirement of legal standing.
2486 Section 65. Section 53-2d-507, which is renumbered from Section 26-8a-407 is
2487 renumbered and amended to read:
2488 [
2489 Proceedings.
2490 (1) The presiding officer shall:
2491 (a) commence an informal adjudicative proceeding within 120 days of receiving a
2492 completed application;
2493 (b) meet with the applicant and objecting interested parties and provide no less than
2494 120 days for a negotiated resolution, consistent with the criteria in Section [
2495 53-2d-508;
2496 (c) set aside a separate time during the proceedings to accept public comment on the
2497 application; and
2498 (d) present a written decision to the executive director if a resolution has been reached
2499 that satisfies the criteria in Section [
2500 (2) At any time during an informal adjudicative proceeding under Subsection (1), any
2501 party may request conversion of the informal adjudicative proceeding to a formal adjudicative
2502 proceeding in accordance with Section 63G-4-202.
2503 (3) (a) Upon conversion to a formal adjudicative proceeding, a hearing officer shall be
2504 assigned to the application as provided in Section [
2505 (b) The hearing office shall:
2506 [
2507 the application;
2508 [
2509 [
2510 (4) The executive director may, as set forth in a final written order, accept, modify,
2511 reject, or remand the decision of a presiding or hearing officer after:
2512 (a) reviewing the record;
2513 (b) giving due deference to the officer's decision; and
2514 (c) determining whether the criteria in Section [
2515 satisfied.
2516 Section 66. Section 53-2d-508, which is renumbered from Section 26-8a-408 is
2517 renumbered and amended to read:
2518 [
2519 necessity.
2520 (1) The criteria for determining public convenience and necessity is set forth in
2521 Subsections (2) through (6).
2522 (2) (a) Access to emergency medical services shall be maintained or improved.
2523 (b) The officer shall consider the impact on existing services, including the impact on
2524 response times, call volumes, populations and exclusive geographic service areas served, and
2525 the ability of surrounding licensed providers to service their exclusive geographic service areas.
2526 (c) The issuance or amendment of a license may not create an orphaned area.
2527 (3) (a) The quality of service in the area shall be maintained or improved.
2528 (b) The officer shall consider the:
2529 [
2530 applicant;
2531 [
2532 applicant's staff;
2533 [
2534 the applicant;
2535 [
2536 [
2537 [
2538 system to provide service to the public.
2539 (4) (a) The cost to the public shall be justified.
2540 (b) The officer shall consider:
2541 [
2542 [
2543 Section [
2544 [
2545 [
2546 [
2547 emergency medical services system.
2548 (5) (a) Local desires concerning cost, quality, and access shall be considered.
2549 (b) The officer shall assess and consider:
2550 [
2551 and ability to provide similar or improved services;
2552 [
2553 established in Subsection (7);
2554 [
2555 plans;
2556 [
2557 application on the parties' ability to provide emergency medical services;
2558 [
2559 application on the citizens it represents; and
2560 [
2561 (6) Other related criteria:
2562 (a) the officer considers necessary; or
2563 (b) established by [
2564 (7) Local governments shall establish cost, quality, and access goals for the ground
2565 ambulance and paramedic services that serve their areas.
2566 (8) In a formal adjudicative proceeding, the applicant bears the burden of establishing
2567 that public convenience and necessity require the approval of the application for all or part of
2568 the exclusive geographic service area requested.
2569 Section 67. Section 53-2d-509, which is renumbered from Section 26-8a-409 is
2570 renumbered and amended to read:
2571 [
2572 Hearing and presiding officers.
2573 (1) The [
2574 presiding officers.
2575 (2) At a minimum, a presiding officer shall:
2576 (a) be familiar with the theory and application of public convenience and necessity; and
2577 (b) have a working knowledge of the emergency medical service system in the state.
2578 (3) In addition to the requirements in Subsection (2), a hearing officer shall also be
2579 licensed to practice law in the state.
2580 (4) The [
2581 officer candidates in the theory and application of public convenience and necessity and on the
2582 emergency medical system in the state.
2583 (5) The [
2584 meet the minimum qualifications for both presiding and hearing officers and the standards set
2585 by the [
2586 (6) The parties may mutually select an officer from the roster if the officer is available.
2587 (7) If the parties cannot agree upon an officer under Subsection (4), the [
2588 bureau shall randomly select an officer from the roster or from a smaller group of the roster
2589 agreed upon by the applicant and the objecting interested parties.
2590 Section 68. Section 53-2d-510, which is renumbered from Section 26-8a-410 is
2591 renumbered and amended to read:
2592 [
2593 (1) Licensed ambulance providers and paramedic providers shall meet all local zoning
2594 and business licensing standards generally applicable to businesses operating within the
2595 jurisdiction.
2596 (2) Publicly subsidized providers shall demonstrate approval of the taxing authority
2597 that will provide the subsidy.
2598 (3) A publicly operated service shall demonstrate that the governing body has approved
2599 the provision of services to the entire exclusive geographic service area that is the subject of
2600 the license, including those areas that may lie outside the territorial or jurisdictional boundaries
2601 of the governing body.
2602 Section 69. Section 53-2d-511, which is renumbered from Section 26-8a-411 is
2603 renumbered and amended to read:
2604 [
2605 A person who has previously applied for a license under Sections [
2606 53-2d-506 through [
2607 covers any exclusive geographic service area that was the subject of the prior application
2608 unless:
2609 (1) one year has passed from the date of the issuance of a final decision under Section
2610 [
2611 (2) all interested parties and the department agree that a new application is in the public
2612 interest.
2613 Section 70. Section 53-2d-512, which is renumbered from Section 26-8a-412 is
2614 renumbered and amended to read:
2615 [
2616 (1) An applicant for an air ambulance provider shall apply to the [
2617 for a license only by:
2618 (a) submitting a complete application;
2619 (b) providing information in the format required by the [
2620 (c) paying the required fees.
2621 (2) The [
2622 requirements for:
2623 (a) personnel;
2624 (b) capital reserves;
2625 (c) equipment;
2626 (d) business plan;
2627 (e) operational procedures;
2628 (f) resource hospital and medical direction agreements;
2629 (g) management and control qualifications and requirements; and
2630 (h) other matters that may be relevant to an applicant's ability to provide air ambulance
2631 services.
2632 (3) Upon receiving a completed application and the required fees, the [
2633 bureau shall review the application and determine whether the application meets the minimum
2634 requirements for licensure.
2635 (4) The [
2636 (a) the [
2637 misleading information or is incomplete;
2638 (b) the application demonstrates that the applicant fails to meet the minimum
2639 requirements for licensure; or
2640 (c) the [
2641 minimum requirements for licensure.
2642 (5) If the [
2643 the applicant in writing setting forth the grounds for the denial.
2644 Section 71. Section 53-2d-513, which is renumbered from Section 26-8a-413 is
2645 renumbered and amended to read:
2646 [
2647 (1) A licensed provider desiring to renew its license shall meet the renewal
2648 requirements established by [
2649 (2) The [
2650 provider or a paramedic provider upon the licensee's application for a renewal and without a
2651 public hearing if:
2652 (a) the applicant was licensed under the provisions of Sections [
2653 through [
2654 (b) there has been:
2655 (i) no change in controlling interest in the ownership of the licensee as defined in
2656 Section [
2657 (ii) no serious, substantiated public complaints filed with the department against the
2658 licensee during the term of the previous license;
2659 (iii) no material or substantial change in the basis upon which the license was
2660 originally granted;
2661 (iv) no reasoned objection from the committee or the department; and
2662 (v) no change to the license type.
2663 (3) (a) (i) The provisions of this Subsection (3) apply to a provider licensed under the
2664 provisions of Sections [
2665 (ii) A provider may renew its license if the provisions of Subsections (1) and (2) and
2666 this Subsection (3) are met.
2667 (b) (i) The [
2668 provider's application for renewal for one additional four-year term if the political subdivision
2669 certifies to the [
2670 original bid.
2671 (ii) If the political subdivision does not certify to the [
2672 provider has met all of the specifications of the original bid, the [
2673 issue a renewal license and the political subdivision shall enter into a public bid process under
2674 Sections [
2675 (c) (i) The [
2676 who has already been issued a one-time renewal license under the provisions of Subsection
2677 (3)(b)(i) if the [
2678 expiration of the provider's license, written notice from an approved applicant informing the
2679 political subdivision of the approved applicant's desire to submit a bid for ambulance or
2680 paramedic service.
2681 (ii) If the [
2682 accordance with Subsection (3)(c)(i), the [
2683 and the political subdivision shall enter into a public bid process under Sections [
2684 53-2d-505.1 and [
2685 (4) The [
2686 upon the licensee's application for renewal and completion of the renewal requirements
2687 established by [
2688 Section 72. Section 53-2d-514, which is renumbered from Section 26-8a-414 is
2689 renumbered and amended to read:
2690 [
2691 (1) A municipality shall comply with the provisions of this section if the municipality
2692 is licensed under this chapter and desires to provide service to an area that is:
2693 (a) included in a petition for annexation under Title 10, Chapter 2, Part 4, Annexation;
2694 and
2695 (b) currently serviced by another provider licensed under this chapter.
2696 (2) (a) (i) At least 45 days prior to approving a petition for annexation, the municipality
2697 shall certify to the [
2698 municipality can meet or exceed the current level of service provided by the existing licensee
2699 for the annexed area by meeting the requirements of Subsections (2)(b)(ii)(A) through (D); and
2700 (ii) no later than three business days after the municipality files a petition for
2701 annexation in accordance with Section 10-2-403, provide written notice of the petition for
2702 annexation to:
2703 (A) the existing licensee providing service to the area included in the petition of
2704 annexation; and
2705 (B) the [
2706 (b) (i) After receiving a certification under Subsection (2)(a), but prior to the
2707 municipality approving a petition for annexation, the [
2708 municipality only to verify the requirements of Subsections (2)(b)(ii)(A) through (D).
2709 (ii) If the [
2710 make a finding that the municipality can meet or exceed the current level of service provided
2711 by the existing licensee for the annexed area if the [
2712 municipality has or will have by the time of the approval of the annexation:
2713 (A) adequate trained personnel to deliver basic and advanced life support services;
2714 (B) adequate apparatus and equipment to deliver emergency medical services;
2715 (C) adequate funding for personnel and equipment; and
2716 (D) appropriate medical controls, such as a medical director and base hospital.
2717 (iii) The [
2718 municipal legislative body.
2719 (3) (a) If the [
2720 requirements of Subsection (2)(b)(ii), the [
2721 to the municipality and all other affected licensees to reflect the municipality's new boundaries
2722 after the [
2723 from the municipality in accordance with Section 10-2-425.
2724 (b) (i) Notwithstanding the provisions of Subsection 63G-4-102(2)(k), if the
2725 [
2726 Subsection (2)(b)(ii), the municipality may request an adjudicative proceeding under the
2727 provisions of Title 63G, Chapter 4, Administrative Procedures Act. [
2728 approve the petition for annexation while an adjudicative proceeding requested under this
2729 Subsection (3)(b)(i) is pending.
2730 (ii) The [
2731 under Subsection (3)(b)(i).
2732 (iii) Notwithstanding the provisions of Sections [
2733 [
2734 (3)(b)(i), the [
2735 by the time of the approval of the annexation, meet the requirements of Subsection (2)(b)(ii).
2736 (c) If, at the time of the approval of the annexation, an adjudicative proceeding is
2737 pending under the provisions of Subsection (3)(b)(i), the [
2738 amended licenses if the municipality prevails in the adjudicative proceeding.
2739 Section 73. Section 53-2d-515, which is renumbered from Section 26-8a-415 is
2740 renumbered and amended to read:
2741 [
2742 (1) A licensed provider whose ownership or controlling ownership interest has changed
2743 shall submit information to the [
2744 (a) to establish whether the new owner or new controlling party meets minimum
2745 requirements for licensure; and
2746 (b) except as provided in Subsection (2), to commence an administrative proceeding to
2747 determine whether the new owner meets the requirement of public convenience and necessity
2748 under Section [
2749 (2) An administrative proceeding is not required under Subsection (1)(b) if:
2750 (a) the change in ownership interest is among existing owners of a closely held
2751 corporation and the change does not result in a change in the management of the licensee or in
2752 the name of the licensee;
2753 (b) the change in ownership in a closely held corporation results in the introduction of
2754 new owners, provided that:
2755 (i) the new owners are limited to individuals who would be entitled to the equity in the
2756 closely held corporation by the laws of intestate succession had the transferor died intestate at
2757 the time of the transfer;
2758 (ii) the majority owners on January 1, 1999, have been disclosed to the department by
2759 October 1, 1999, and the majority owners on January 1, 1999, retain a majority interest in the
2760 closely held corporation; and
2761 (iii) the name of the licensed provider remains the same;
2762 (c) the change in ownership is the result of one or more owners transferring their
2763 interests to a trust, limited liability company, partnership, or closely held corporation so long as
2764 the transferors retain control over the receiving entity;
2765 (d) the change in ownership is the result of a distribution of an estate or a trust upon the
2766 death of the testator or the trustor and the recipients are limited to individuals who would be
2767 entitled to the interest by the laws of intestate succession had the transferor died intestate at the
2768 time of the transfer; or
2769 (e) other similar changes that the department establishes, by rule, as having no
2770 significant impact on the cost, quality, or access to emergency medical services.
2771 Section 74. Section 53-2d-516, which is renumbered from Section 26-8a-416 is
2772 renumbered and amended to read:
2773 [
2774 (1) As used in this section:
2775 (a) "Overlap" means two ground ambulance interfacility transport providers that are
2776 licensed at the same level of service in all or part of a single geographic service area.
2777 (b) "Overlay" means two ground ambulance interfacility transport providers that are
2778 licensed at a different level of service in all or part of a single geographic service area.
2779 (2) Notwithstanding the exclusive geographic service requirement of Section
2780 [
2781 ambulance interfacility transport licenses that existed on or before May 4, 2022.
2782 (3) The [
2783 30 days notice to providers in the same geographic service area, amend an existing overlay
2784 ground ambulance interfacility transport license solely to convert an overlay into an overlap if
2785 the existing ground ambulance interfacility transport licensed provider meets the requirements
2786 described in Subsection [
2787 (4) An amendment of a license under this section may not alter:
2788 (a) other terms of the original license, including the applicable geographic service area;
2789 or
2790 (b) the license of other providers that provide interfacility transport services in the
2791 geographic service area.
2792 (5) Notwithstanding Subsection (2), any license for an overlap area terminates upon:
2793 (a) relinquishment by the provider; or
2794 (b) revocation by the department.
2795 Section 75. Section 53-2d-601, which is renumbered from Section 26-8a-501 is
2796 renumbered and amended to read:
2797
2798 [
2799 (1) No person licensed or designated pursuant to this chapter may discriminate in the
2800 provision of emergency medical services on the basis of race, sex, color, creed, or prior inquiry
2801 as to ability to pay.
2802 (2) This chapter does not authorize or require medical assistance or transportation over
2803 the objection of an individual on religious grounds.
2804 Section 76. Section 53-2d-602, which is renumbered from Section 26-8a-502 is
2805 renumbered and amended to read:
2806 [
2807 (1) Except as provided in Section [
2808 person may not:
2809 (a) practice or engage in the practice, represent that the person is practicing or engaging
2810 in the practice, or attempt to practice or engage in the practice of any activity that requires a
2811 license, certification, or designation under this chapter unless that person is licensed, certified,
2812 or designated under this chapter; or
2813 (b) offer an emergency medical service that requires a license, certification, or
2814 designation under this chapter unless the person is licensed, certified, or designated under this
2815 chapter.
2816 (2) A person may not:
2817 (a) advertise or represent that the person holds a license, certification, or designation
2818 required under this chapter, unless that person holds the license, certification, or designation
2819 under this chapter[
2820 [
2821 which a license or certification is required by this chapter, unless the person performing the
2822 service possesses the required license or certification under this chapter[
2823 [
2824 Emergency Medical Services insignia without authorization from the [
2825 [
2826 department for licensure or certification testing or examination without authorization from the
2827 [
2828 [
2829 vehicle or report that one is needed when the person knows that the ambulance or emergency
2830 response vehicle is not needed.
2831 (3) A violation of Subsection (1) or (2) is a class B misdemeanor.
2832 [
2833 Section 77. Section 53-2d-602.1, which is renumbered from Section 26-8a-502.1 is
2834 renumbered and amended to read:
2835 [
2836 (1) As used in this section:
2837 (a) "Emergency services" means services provided by a person in response to an
2838 emergency.
2839 (b) "Emergency services" includes:
2840 (i) fire protection services;
2841 (ii) paramedic services;
2842 (iii) law enforcement services;
2843 (iv) 911 ambulance or paramedic services, as defined in Section 26-8a-102; and
2844 (v) any other emergency services.
2845 (2) A person may not use "911" or other similar sequence of numbers in the person's
2846 name with the purpose to deceive the public that the person operates or represents emergency
2847 services, unless the person is authorized to provide emergency services.
2848 (3) A violation of Subsection (2) is:
2849 (a) a class C misdemeanor; and
2850 (b) subject to a fine of up to $500 per violation.
2851 Section 78. Section 53-2d-603, which is renumbered from Section 26-8a-503 is
2852 renumbered and amended to read:
2853 [
2854 personnel.
2855 (1) The [
2856 suspend, restrict, or place on probation an individual's license if:
2857 (a) the individual does not meet the qualifications for licensure under Section
2858 [
2859 (b) the individual has engaged in conduct, as defined by committee rule, that:
2860 (i) is unprofessional;
2861 (ii) is adverse to the public health, safety, morals, or welfare; or
2862 (iii) would adversely affect public trust in the emergency medical service system;
2863 (c) the individual has violated Section [
2864 chapter;
2865 (d) the individual has violated Section 58-1-509;
2866 (e) a court of competent jurisdiction has determined the individual to be mentally
2867 incompetent for any reason; or
2868 (f) the individual is unable to provide emergency medical services with reasonable skill
2869 and safety because of illness, drunkenness, use of drugs, narcotics, chemicals, or any other type
2870 of material, or as a result of any other mental or physical condition, when the individual's
2871 condition demonstrates a clear and unjustifiable threat or potential threat to oneself, coworkers,
2872 or the public health, safety, or welfare that cannot be reasonably mitigated.
2873 (2) (a) An action to revoke, suspend, restrict, or place a license on probation shall be
2874 done in:
2875 (i) consultation with the peer review board created in Section [
2876 and
2877 (ii) accordance with Title 63G, Chapter 4, Administrative Procedures Act.
2878 (b) Notwithstanding Subsection (2)(a), the [
2879 desist order under Section [
2880 license pending an administrative proceeding to be held within 30 days if there is evidence to
2881 show that the individual poses a clear, immediate, and unjustifiable threat or potential threat to
2882 the public health, safety, or welfare.
2883 (3) An individual whose license has been suspended, revoked, or restricted may apply
2884 for reinstatement of the license at reasonable intervals and upon compliance with any
2885 conditions imposed upon the license by statute, committee rule, or the terms of the suspension,
2886 revocation, or restriction.
2887 [
2888
2889 Section 79. Section 53-2d-604, which is renumbered from Section 26-8a-504 is
2890 renumbered and amended to read:
2891 [
2892 (1) The [
2893 or revoke, suspend, restrict, or place on probation, an emergency medical service provider's
2894 license or designation if the provider has:
2895 (a) failed to abide by terms of the license or designation;
2896 (b) violated statute or rule;
2897 (c) failed to provide services at the level or in the exclusive geographic service area
2898 required by the license or designation;
2899 (d) failed to submit a renewal application in a timely fashion as required by department
2900 rule;
2901 (e) failed to follow operational standards established by the committee; or
2902 (f) committed an act in the performance of a professional duty that endangered the
2903 public or constituted gross negligence.
2904 (2) (a) An action to revoke, suspend, restrict, or place a license or designation on
2905 probation shall be done in accordance with Title 63G, Chapter 4, Administrative Procedures
2906 Act.
2907 (b) Notwithstanding Subsection (2)(a), the department may issue a cease and desist
2908 order under Section [
2909 pending an administrative proceeding to be held within 30 days if there is evidence to show
2910 that the provider or facility poses a clear, immediate, and unjustifiable threat or potential threat
2911 to the public health, safety, or welfare.
2912 [
2913
2914 Section 80. Section 53-2d-605, which is renumbered from Section 26-8a-505 is
2915 renumbered and amended to read:
2916 [
2917 -- Default coverage -- Notice.
2918 (1) Acting in the public interest, the department may petition the district court where an
2919 ambulance or paramedic provider operates or the district court with jurisdiction in Salt Lake
2920 County to appoint the [
2921 operations of a provider upon any one of the following conditions:
2922 (a) the provider ceases or intends to cease operations;
2923 (b) the provider becomes insolvent;
2924 (c) the [
2925 and has determined that the lives, health, safety, or welfare of the population served within the
2926 provider's exclusive geographic service area are endangered because of the provider's action or
2927 inaction pending a full hearing on the license revocation; or
2928 (d) the [
2929 adequately arrange for another provider to take over the provider's exclusive geographic service
2930 area.
2931 (2) If a licensed or designated provider ceases operations or is otherwise unable to
2932 provide services, the [
2933 services on a temporary basis until a license is issued.
2934 (3) A licensed provider shall give the department 30 days notice of its intent to cease
2935 operations.
2936 Section 81. Section 53-2d-606, which is renumbered from Section 26-8a-506 is
2937 renumbered and amended to read:
2938 [
2939 (1) The [
2940 provisions of this chapter, enter and inspect on a routine basis the business premises and
2941 equipment of a person:
2942 (a) with a designation, permit, or license; or
2943 (b) who holds himself out to the general public as providing a service for which a
2944 designation, permit, or license is required under Section [
2945 (2) Before conducting an inspection under Subsection (1), the [
2946 shall, after identifying the person in charge:
2947 (a) give proper identification;
2948 (b) describe the nature and purpose of the inspection; and
2949 (c) if necessary, explain the authority of the department to conduct the inspection.
2950 (3) In conducting an inspection under Subsection (1), the [
2951 after meeting the requirements of Subsection (2):
2952 (a) inspect records, equipment, and vehicles; and
2953 (b) interview personnel.
2954 (4) An inspection conducted under Subsection (1) shall be during regular operational
2955 hours.
2956 Section 82. Section 53-2d-607, which is renumbered from Section 26-8a-507 is
2957 renumbered and amended to read:
2958 [
2959 The [
2960 (1) may be disciplined under Section [
2961 or
2962 (2) otherwise violates this chapter or any rules adopted under this chapter.
2963 Section 83. Section 53-2d-701, which is renumbered from Section 26-8a-601 is
2964 renumbered and amended to read:
2965
2966 [
2967 (1) (a) Except as provided in Subsection (1)(b), a licensed physician, physician's
2968 assistant, or licensed registered nurse who, gratuitously and in good faith, gives oral or written
2969 instructions to any of the following is not liable for any civil damages as a result of issuing the
2970 instructions:
2971 (i) an individual licensed or certified under Section [
2972 (ii) an individual who uses a fully automated external defibrillator[
2973
2974 (iii) an individual who administers CPR[
2975 (b) The liability protection described in Subsection (1)(a) does not apply if the
2976 instructions given were the result of gross negligence or willful misconduct.
2977 (2) An individual licensed or certified under Section [
2978 either training or after licensure or certification, a licensed physician, a physician assistant, or a
2979 registered nurse who, gratuitously and in good faith, provides emergency medical instructions
2980 or renders emergency medical care authorized by this chapter is not liable for any civil damages
2981 as a result of any act or omission in providing the emergency medical instructions or medical
2982 care, unless the act or omission is the result of gross negligence or willful misconduct.
2983 (3) An individual licensed or certified under Section [
2984 subject to civil liability for failure to obtain consent in rendering emergency medical services
2985 authorized by this chapter to any individual who is unable to give his consent, regardless of the
2986 individual's age, where there is no other person present legally authorized to consent to
2987 emergency medical care, provided that the licensed individual acted in good faith.
2988 (4) A principal, agent, contractor, employee, or representative of an agency,
2989 organization, institution, corporation, or entity of state or local government that sponsors,
2990 authorizes, supports, finances, or supervises any functions of an individual licensed or certified
2991 under Section [
2992 in connection with the sponsorship, authorization, support, finance, or supervision of the
2993 licensed or certified individual where the act or omission occurs in connection with the
2994 licensed or certified individual's training or occurs outside a hospital where the life of a patient
2995 is in immediate danger, unless the act or omission is inconsistent with the training of the
2996 licensed or certified individual, and unless the act or omission is the result of gross negligence
2997 or willful misconduct.
2998 (5) A physician or physician assistant who gratuitously and in good faith arranges for,
2999 requests, recommends, or initiates the transfer of a patient from a hospital to a critical care unit
3000 in another hospital is not liable for any civil damages as a result of such transfer where:
3001 (a) sound medical judgment indicates that the patient's medical condition is beyond the
3002 care capability of the transferring hospital or the medical community in which that hospital is
3003 located; and
3004 (b) the physician or physician assistant has secured an agreement from the receiving
3005 facility to accept and render necessary treatment to the patient.
3006 (6) An individual who is a registered member of the National Ski Patrol System
3007 [
3008 offered by the [
3009 offered by the American Red Cross or American Heart Association, or an equivalent course of
3010 instruction, and who in good faith renders emergency care in the course of ski patrol duties is
3011 not liable for civil damages as a result of any act or omission in rendering the emergency care,
3012 unless the act or omission is the result of gross negligence or willful misconduct.
3013 (7) An emergency medical service provider who, in good faith, transports an individual
3014 against his will but at the direction of a law enforcement officer pursuant to Section
3015 62A-15-629 is not liable for civil damages for transporting the individual.
3016 Section 84. Section 53-2d-702, which is renumbered from Section 26-8a-602 is
3017 renumbered and amended to read:
3018 [
3019 charges.
3020 (1) For any patient who is in need of air medical transport provider services, an
3021 emergency medical service provider shall:
3022 (a) provide the patient or the patient's representative with the information described in
3023 Subsection [
3024 provider; and
3025 (b) if multiple air medical transport providers are capable of providing the patient with
3026 services, provide the patient or the patient's representative an opportunity to choose the air
3027 medical transport provider.
3028 (2) Subsection (1) does not apply if the patient:
3029 (a) is unconscious and the patient's representative is not physically present with the
3030 patient; or
3031 (b) is unable, due to a medical condition, to make an informed decision about the
3032 choice of an air medical transport provider, and the patient's representative is not physically
3033 present with the patient.
3034 Section 85. Section 53-2d-703, which is renumbered from Section 26-8a-603 is
3035 renumbered and amended to read:
3036 [
3037 Health Insurance Program -- Creation -- Administration -- Eligibility -- Benefits --
3038 Rulemaking -- Advisory board.
3039 (1) As used in this section:
3040 (a) "Health benefit plan" means the same as that term is defined in Section 31A-1-301.
3041 (b) "Local government entity" means a political subdivision that:
3042 (i) is licensed as a ground ambulance provider under [
3043
3044 (ii) as of January 1, 2022, does not offer health insurance benefits to volunteer
3045 emergency medical service personnel.
3046 (c) "PEHP" means the Public Employees' Benefit and Insurance Program created in
3047 Section 49-20-103.
3048 (d) "Political subdivision" means a county, a municipality, a limited purpose
3049 government entity described in Title 17B, Limited Purpose Local Government Entities - Local
3050 Districts, or Title 17D, Limited Purpose Local Government Entities - Other Entities, or an
3051 entity created by an interlocal agreement under Title 11, Chapter 13, Interlocal Cooperation
3052 Act.
3053 (e) "Qualifying association" means an association that represents two or more political
3054 subdivisions in the state.
3055 (2) The Volunteer Emergency Medical Service Personnel Health Insurance Program
3056 shall promote recruitment and retention of volunteer emergency medical service personnel by
3057 making health insurance available to volunteer emergency medical service personnel.
3058 (3) The [
3059 implement, and administer the Volunteer Emergency Medical Service Personnel Health
3060 Insurance Program described in this section.
3061 (4) Participation in the program is limited to emergency medical service personnel
3062 who:
3063 (a) are licensed under Section [
3064 necessary functions associated with the license;
3065 (b) provide emergency medical services under the direction of a local governmental
3066 entity:
3067 (i) by responding to 20% of calls for emergency medical services in a rolling
3068 twelve-month period;
3069 (ii) within a county of the third, fourth, fifth, or sixth class; and
3070 (iii) as a volunteer under the Fair Labor Standards Act, in accordance with 29 C.F.R.
3071 Sec. 553.106;
3072 (c) are not eligible for a health benefit plan through an employer or a spouse's
3073 employer;
3074 (d) are not eligible for medical coverage under a government sponsored healthcare
3075 program; and
3076 (e) reside in the state.
3077 (5) (a) A participant in the program is eligible to participate in PEHP in accordance
3078 with Subsection (5)(b) and Subsection 49-20-201(3).
3079 (b) Benefits available to program participants under PEHP are limited to health
3080 insurance that:
3081 (i) covers the program participant and the program participant's eligible dependents on
3082 a July 1 plan year;
3083 (ii) accepts enrollment during an open enrollment period or for a special enrollment
3084 event, including the initial eligibility of a program participant;
3085 (iii) if the program participant is no longer eligible for benefits, terminates on the last
3086 day of the last month for which the individual is a participant in the Volunteer Emergency
3087 Medical Service Personnel Health Insurance Program; and
3088 (iv) is not subject to continuation rights under state or federal law.
3089 (6) (a) The [
3090 3, Utah Administrative Rulemaking Act, to define additional criteria regarding benefit design
3091 and eligibility for the program.
3092 (b) The [
3093 (i) to advise the [
3094 (ii) that includes representation from at least the following entities:
3095 (A) the qualifying association that receives the contract under Subsection (3); and
3096 (B) PEHP.
3097 (7) For purposes of this section, the qualifying association that receives the contract
3098 under Subsection (3) shall be considered the public agency for whom the program participant is
3099 volunteering under 29 C.F.R. Sec. 553.101.
3100 Section 86. Section 53-2d-801, which is renumbered from Section 26-8b-201 is
3101 renumbered and amended to read:
3102
3103 [
3104 [
3105 (1) [
3106 or other governmental authorization if the person reasonably believes that the [
3107 individual is in sudden cardiac arrest[
3108 [
3109 (2) [
3110 other governmental authorization if the person reasonably believes that the [
3111 individual is in sudden cardiac arrest.
3112 Section 87. Section 53-2d-802, which is renumbered from Section 26-8b-202 is
3113 renumbered and amended to read:
3114 [
3115 (1) Except as provided in Subsection (3), the following persons are not subject to civil
3116 liability for any act or omission relating to preparing to care for, responding to care for, or
3117 providing care to, another [
3118 arrest:
3119 (a) a person authorized, under Section [
3120 who:
3121 (i) gratuitously and in good faith attempts to administer or administers CPR to another
3122 person; or
3123 (ii) fails to administer CPR to another person;
3124 (b) a person authorized, under Section [
3125 (i) gratuitously and in good faith attempts to use or uses an AED; or
3126 (ii) fails to use an AED;
3127 (c) a person that teaches or provides a training course in administering CPR or using an
3128 AED;
3129 (d) a person that acquires an AED;
3130 (e) a person that owns, manages, or is otherwise responsible for the premises or
3131 conveyance where an AED is located;
3132 (f) a person who retrieves an AED in response to a perceived or potential sudden
3133 cardiac arrest;
3134 (g) a person that authorizes, directs, or supervises the installation or provision of an
3135 AED;
3136 (h) a person involved with, or responsible for, the design, management, or operation of
3137 a CPR or AED program;
3138 (i) a person involved with, or responsible for, reporting, receiving, recording, updating,
3139 giving, or distributing information relating to the ownership or location of an AED under [
3140
3141 (j) a physician who gratuitously and in good faith:
3142 (i) provides medical oversight for a public AED program; or
3143 (ii) issues a prescription for a person to acquire or use an AED.
3144 (2) This section does not relieve a manufacturer, designer, developer, marketer, or
3145 commercial distributor of an AED, or an accessory for an AED, of any liability.
3146 (3) The liability protection described in Subsection (1) does not apply to an act or
3147 omission that constitutes gross negligence or willful misconduct.
3148 Section 88. Section 53-2d-803, which is renumbered from Section 26-8b-301 is
3149 renumbered and amended to read:
3150 [
3151 defibrillators.
3152 (1) In accordance with Subsection (2) and except as provided in Subsection (3):
3153 (a) a person who owns or leases an AED shall report the person's name, address, and
3154 telephone number, and the exact location of the AED, in writing or by a web-based AED
3155 registration form, if available, to the emergency medical dispatch center that provides
3156 emergency dispatch services for the location where the AED is installed, if the person:
3157 (i) installs the AED;
3158 (ii) causes the AED to be installed; or
3159 (iii) allows the AED to be installed; and
3160 (b) a person who owns or leases an AED that is removed from a location where it is
3161 installed shall report the person's name, address, and telephone number, and the exact location
3162 from which the AED is removed, in writing or by a web-based AED registration form, if
3163 available, to the emergency medical dispatch center that provides emergency dispatch services
3164 for the location from which the AED is removed, if the person:
3165 (i) removes the AED;
3166 (ii) causes the AED to be removed; or
3167 (iii) allows the AED to be removed.
3168 (2) A report required under Subsection (1) shall be made within 14 days after the day
3169 on which the AED is installed or removed.
3170 (3) Subsection (1) does not apply to an AED:
3171 (a) at a private residence; or
3172 (b) in a vehicle or other mobile or temporary location.
3173 (4) A person who owns or leases an AED that is installed in, or removed from, a
3174 private residence may voluntarily report the location of, or removal of, the AED to the
3175 emergency medical dispatch center that provides emergency dispatch services for the location
3176 where the private residence is located.
3177 (5) The department may not impose a penalty on a person for failing to comply with
3178 the requirements of this section.
3179 Section 89. Section 53-2d-804, which is renumbered from Section 26-8b-302 is
3180 renumbered and amended to read:
3181 [
3182 A person in the business of selling or leasing an AED shall, at the time the person
3183 provides, sells, or leases an AED to another person, notify the other person, in writing, of the
3184 reporting requirements described in Section [
3185 Section 90. Section 53-2d-805, which is renumbered from Section 26-8b-303 is
3186 renumbered and amended to read:
3187 [
3188 An emergency medical dispatch center shall:
3189 (1) implement a system to receive and manage the information reported to the
3190 emergency medical dispatch center under Section [
3191 (2) record in the system described in Subsection (1), all information received under
3192 Section [
3193 received;
3194 (3) inform [
3195 cardiac arrest of the location of an AED located at the address of the potential sudden cardiac
3196 arrest;
3197 (4) provide verbal instructions to [
3198 to:
3199 (a) help [
3200 (b) if needed:
3201 (i) provide direction to start CPR;
3202 (ii) offer instructions on how to perform CPR; or
3203 (iii) offer instructions on how to use an AED, if one is available; and
3204 (5) provide the information contained in the system described in Subsection (1), upon
3205 request, to the bureau.
3206 Section 91. Section 53-2d-806, which is renumbered from Section 26-8b-401 is
3207 renumbered and amended to read:
3208 [
3209 (1) The bureau shall work in cooperation with federal, state, and local agencies and
3210 schools, to encourage individuals to complete courses on the administration of CPR and the use
3211 of an AED.
3212 (2) A person who owns or leases an AED shall encourage each [
3213 who is likely to use the AED to complete courses on the administration of CPR and the use of
3214 an AED.
3215 Section 92. Section 53-2d-807, which is renumbered from Section 26-8b-402 is
3216 renumbered and amended to read:
3217 [
3218 (1) Any AED used solely for demonstration or training purposes, which is not
3219 operational for emergency use is, except for the provisions of this section, exempt from the
3220 provisions of this chapter.
3221 (2) The owner of an AED described in Subsection (1) shall clearly mark on the exterior
3222 of the AED that the AED is for demonstration or training use only.
3223 Section 93. Section 53-2d-808, which is renumbered from Section 26-8b-501 is
3224 renumbered and amended to read:
3225 [
3226 A person is guilty of a class C misdemeanor if the person removes, tampers with, or
3227 otherwise disturbs an AED, AED cabinet or enclosure, or AED sign, unless:
3228 (1) the person is authorized by the AED owner for the purpose of:
3229 (a) inspecting the AED or AED cabinet or enclosure; or
3230 (b) performing maintenance or repairs on the AED, the AED cabinet or enclosure, a
3231 wall or structure that the AED cabinet or enclosure is directly attached to, or an AED sign;
3232 (2) the person is responding to, or providing care to, a potential sudden cardiac arrest
3233 patient; or
3234 (3) the person acts in good faith with the intent to support, and not to violate, the
3235 recognized purposes of the AED.
3236 Section 94. Section 53-2d-809, which is renumbered from Section 26-8b-602 is
3237 renumbered and amended to read:
3238 [
3239 Account.
3240 (1) (a) There is created a restricted account within the General Fund known as the
3241 Automatic External Defibrillator Restricted Account to provide AEDs to entities under
3242 Subsection (4).
3243 (b) The director of the bureau shall administer the account in accordance with rules
3244 made by the bureau in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking
3245 Act.
3246 (2) The restricted account shall consist of money appropriated to the account by the
3247 Legislature.
3248 (3) The director of the bureau shall distribute funds deposited in the account to eligible
3249 entities, under Subsection (4), for the purpose of purchasing:
3250 (a) an AED;
3251 (b) an AED carrying case;
3252 (c) a wall-mounted AED cabinet; or
3253 (d) an AED sign.
3254 (4) Upon appropriation, the director of the bureau shall distribute funds deposited in
3255 the account, for the purpose of purchasing items under Subsection (3), to:
3256 (a) a municipal department of safety that routinely responds to incidents, or potential
3257 incidents, of sudden cardiac arrest;
3258 (b) a municipal or county law enforcement agency that routinely responds to incidents,
3259 or potential incidents, of sudden cardiac arrest;
3260 (c) a state law enforcement agency that routinely responds to incidents, or potential
3261 incidents, of sudden cardiac arrest;
3262 (d) a school that offers instruction to grades kindergarten through 6;
3263 (e) a school that offers instruction to grades 7 through 12; or
3264 (f) a state institution of higher education.
3265 (5) The director of the bureau shall distribute funds under this section to a municipality
3266 only if the municipality provides a match in funding for the total cost of items under
3267 Subsection (3):
3268 (a) of 50% for the municipality, if the municipality is a city of first, second, or third
3269 class under Section 10-2-301; or
3270 (b) of 75% for the municipality, other than a municipality described in Subsection
3271 (5)(a).
3272 (6) The director of the bureau shall distribute funds under this section to a county only
3273 if the county provides a match in funding for the total cost of items under Subsection (3):
3274 (a) of 50% for the county, if the county is a county of first, second, or third class under
3275 Section 17-50-501; or
3276 (b) of 75% for the county, other than a county described in Subsection (6)(a).
3277 (7) In accordance with rules made by the bureau, an entity described in Subsection (4)
3278 may apply to the director of the bureau to receive a distribution of funds from the account by
3279 filing an application with the bureau on or before October 1 of each year.
3280 Section 95. Section 53-2d-901, which is renumbered from Section 26-8d-102 is
3281 renumbered and amended to read:
3282
3283 [
3284 (1) The [
3285 (a) analyze information on the incidence, severity, causes, outcomes, and rehabilitation
3286 of stroke;
3287 (b) promote optimal care for stroke patients;
3288 (c) alleviate unnecessary death and disability from stroke;
3289 (d) encourage the efficient and effective continuum of patient care, including
3290 prevention, prehospital care, hospital care, and rehabilitative care; and
3291 (e) minimize the overall cost of stroke.
3292 (2) The [
3293 to assess:
3294 (a) the effectiveness of the data collected by the registry; and
3295 (b) the impact of the statewide stroke registry on the provision of stroke care.
3296 (3) (a) The [
3297 Chapter 3, Utah Administrative Rulemaking Act, to establish:
3298 (i) the data elements that general acute hospitals shall report to the registry; and
3299 (ii) the time frame and format for reporting.
3300 (b) The data elements described in Subsection (3)(a)(i) shall include consensus metrics
3301 consistent with data elements used in nationally recognized data set platforms for stroke care.
3302 (c) The department shall permit a general acute hospital to submit data required under
3303 this section through an electronic exchange of clinical health information that meets the
3304 standards established by the department under Section 26-1-37.
3305 (4) A general acute hospital shall submit stroke data in accordance with rules
3306 established under Subsection (3).
3307 (5) Data collected under this section shall be subject to Title 26, Chapter 3, Health
3308 Statistics.
3309 (6) No person may be held civilly liable for providing data to the department in
3310 accordance with this section.
3311 Section 96. Section 53-2d-902, which is renumbered from Section 26-8d-103 is
3312 renumbered and amended to read:
3313 [
3314 (1) The [
3315 to:
3316 (a) analyze information on the incidence, severity, causes, outcomes, and rehabilitation
3317 of cardiac diseases;
3318 (b) promote optimal care for cardiac patients;
3319 (c) alleviate unnecessary death and disability from cardiac diseases;
3320 (d) encourage the efficient and effective continuum of patient care, including
3321 prevention, prehospital care, hospital care, and rehabilitative care; and
3322 (e) minimize the overall cost of cardiac care.
3323 (2) The [
3324 to assess:
3325 (a) the effectiveness of the data collected by the registry; and
3326 (b) the impact of the statewide cardiac registry on the provision of cardiac care.
3327 (3) (a) The [
3328 Chapter 3, Utah Administrative Rulemaking Act, to establish:
3329 (i) the data elements that general acute hospitals shall report to the registry; and
3330 (ii) the time frame and format for reporting.
3331 (b) The data elements described in Subsection (3)(a)(i) shall include consensus metrics
3332 consistent with data elements used in nationally recognized data set platforms for cardiac care.
3333 (c) The [
3334 required under this section through an electronic exchange of clinical health information that
3335 meets the standards established by the department under Section 26-1-37.
3336 (4) A general acute hospital shall submit cardiac data in accordance with rules
3337 established under Subsection (3).
3338 (5) Data collected under this section shall be subject to Title 26, Chapter 3, Health
3339 Statistics.
3340 (6) No person may be held civilly liable for providing data to the [
3341 in accordance with this section.
3342 Section 97. Section 53-2d-903, which is renumbered from Section 26-8d-104 is
3343 renumbered and amended to read:
3344 [
3345 (1) There is created within the [
3346 committee.
3347 (2) The stroke registry advisory committee created in Subsection (1) shall:
3348 (a) be composed of individuals knowledgeable in adult and pediatric stroke care,
3349 including physicians, physician assistants, nurses, hospital administrators, emergency medical
3350 services personnel, government officials, consumers, and persons affiliated with professional
3351 health care associations;
3352 (b) advise the [
3353 the stroke registry;
3354 (c) assist the [
3355 registry; and
3356 (d) review and comment on proposals and rules governing the statewide stroke registry.
3357 Section 98. Section 53-2d-904, which is renumbered from Section 26-8d-105 is
3358 renumbered and amended to read:
3359 [
3360 (1) There is created within the [
3361 committee.
3362 (2) The cardiac registry advisory committee created in Subsection (1) shall:
3363 (a) be composed of individuals knowledgeable in adult and pediatric cardiac care,
3364 including physicians, physician assistants, nurses, hospital administrators, emergency medical
3365 services personnel, government officials, consumers, and persons affiliated with professional
3366 health care associations;
3367 (b) advise the [
3368 the cardiac registry;
3369 (c) assist the [
3370 registry; and
3371 (d) review and comment on proposals and rules governing the statewide cardiac
3372 registry.
3373 Section 99. Section 53-2e-101, which is renumbered from Section 26-8c-102 is
3374 renumbered and amended to read:
3375
3376 [
3377
3378
3379 In order to protect the public through verification of competency and ensure
3380 accountability for patient care related activities all states license emergency medical services
3381 (EMS) personnel, such as emergency medical technicians (EMTs), advanced EMTs and
3382 paramedics. This Compact is intended to facilitate the day to day movement of EMS personnel
3383 across state boundaries in the performance of their EMS duties as assigned by an appropriate
3384 authority and authorize state EMS offices to afford immediate legal recognition to EMS
3385 personnel licensed in a member state. This Compact recognizes that states have a vested
3386 interest in protecting the public's health and safety through their licensing and regulation of
3387 EMS personnel and that such state regulation shared among the member states will best protect
3388 public health and safety. This Compact is designed to achieve the following purposes and
3389 objectives:
3390 1. Increase public access to EMS personnel;
3391 2. Enhance the states' ability to protect the public's health and safety, especially patient
3392 safety;
3393 3. Encourage the cooperation of member states in the areas of EMS personnel licensure
3394 and regulation;
3395 4. Support licensing of military members who are separating from an active duty tour
3396 and their spouses;
3397 5. Facilitate the exchange of information between member states regarding EMS
3398 personnel licensure, adverse action and significant investigatory information;
3399 6. Promote compliance with the laws governing EMS personnel practice in each
3400 member state; and
3401 7. Invest all member states with the authority to hold EMS personnel accountable
3402 through the mutual recognition of member state licenses.
3403
3404 In this compact:
3405 A. "Advanced Emergency Medical Technician (AEMT)" means: an individual licensed
3406 with cognitive knowledge and a scope of practice that corresponds to that level in the National
3407 EMS Education Standards and National EMS Scope of Practice Model.
3408 B. "Adverse Action" means: any administrative, civil, equitable or criminal action
3409 permitted by a state's laws which may be imposed against licensed EMS personnel by a state
3410 EMS authority or state court, including, but not limited to, actions against an individual's
3411 license such as revocation, suspension, probation, consent agreement, monitoring or other
3412 limitation or encumbrance on the individual's practice, letters of reprimand or admonition,
3413 fines, criminal convictions and state court judgments enforcing adverse actions by the state
3414 EMS authority.
3415 C. "Alternative program" means: a voluntary, non-disciplinary substance abuse
3416 recovery program approved by a state EMS authority.
3417 D. "Certification" means: the successful verification of entry-level cognitive and
3418 psychomotor competency using a reliable, validated, and legally defensible examination.
3419 E. "Commission" means: the national administrative body of which all states that have
3420 enacted the compact are members.
3421 F. "Emergency Medical Technician (EMT)" means: an individual licensed with
3422 cognitive knowledge and a scope of practice that corresponds to that level in the National EMS
3423 Education Standards and National EMS Scope of Practice Model.
3424 G. "Home State" means: a member state where an individual is licensed to practice
3425 emergency medical services.
3426 H. "License" means: the authorization by a state for an individual to practice as an
3427 EMT, AEMT, paramedic, or a level in between EMT and paramedic.
3428 I. "Medical Director" means: a physician licensed in a member state who is
3429 accountable for the care delivered by EMS personnel.
3430 J. "Member State" means: a state that has enacted this compact.
3431 K. "Privilege to Practice" means: an individual's authority to deliver emergency
3432 medical services in remote states as authorized under this compact.
3433 L. "Paramedic" means: an individual licensed with cognitive knowledge and a scope of
3434 practice that corresponds to that level in the National EMS Education Standards and National
3435 EMS Scope of Practice Model.
3436 M. "Remote State" means: a member state in which an individual is not licensed.
3437 N. "Restricted" means: the outcome of an adverse action that limits a license or the
3438 privilege to practice.
3439 O. "Rule" means: a written statement by the interstate Commission promulgated
3440 pursuant to Section 12 of this compact that is of general applicability; implements, interprets,
3441 or prescribes a policy or provision of the compact; or is an organizational, procedural, or
3442 practice requirement of the Commission and has the force and effect of statutory law in a
3443 member state and includes the amendment, repeal, or suspension of an existing rule.
3444 P. "Scope of Practice" means: defined parameters of various duties or services that may
3445 be provided by an individual with specific credentials. Whether regulated by rule, statute, or
3446 court decision, it tends to represent the limits of services an individual may perform.
3447 Q. "Significant Investigatory Information" means:
3448 1. investigative information that a state EMS authority, after a preliminary inquiry that
3449 includes notification and an opportunity to respond if required by state law, has reason to
3450 believe, if proved true, would result in the imposition of an adverse action on a license or
3451 privilege to practice; or
3452 2. investigative information that indicates that the individual represents an immediate
3453 threat to public health and safety regardless of whether the individual has been notified and had
3454 an opportunity to respond.
3455 R. "State" means: means any state, commonwealth, district, or territory of the United
3456 States.
3457 S. "State EMS Authority" means: the board, office, or other agency with the legislative
3458 mandate to license EMS personnel.
3459
3460 A. Any member state in which an individual holds a current license shall be deemed a
3461 home state for purposes of this compact.
3462 B. Any member state may require an individual to obtain and retain a license to be
3463 authorized to practice in the member state under circumstances not authorized by the privilege
3464 to practice under the terms of this compact.
3465 C. A home state's license authorizes an individual to practice in a remote state under
3466 the privilege to practice only if the home state:
3467 1. Currently requires the use of the National Registry of Emergency Medical
3468 Technicians (NREMT) examination as a condition of issuing initial licenses at the EMT and
3469 paramedic levels;
3470 2. Has a mechanism in place for receiving and investigating complaints about
3471 individuals;
3472 3. Notifies the Commission, in compliance with the terms herein, of any adverse action
3473 or significant investigatory information regarding an individual;
3474 4. No later than five years after activation of the Compact, requires a criminal
3475 background check of all applicants for initial licensure, including the use of the results of
3476 fingerprint or other biometric data checks compliant with the requirements of the Federal
3477 Bureau of Investigation with the exception of federal employees who have suitability
3478 determination in accordance with 5 C.F.R. Sec. 731.202 and submit documentation of such as
3479 promulgated in the rules of the Commission; and
3480 5. Complies with the rules of the Commission.
3481
3482 A. Member states shall recognize the privilege to practice of an individual licensed in
3483 another member state that is in conformance with Section 3.
3484 B. To exercise the privilege to practice under the terms and provisions of this compact,
3485 an individual must:
3486 1. Be at least 18 years of age;
3487 2. Possess a current unrestricted license in a member state as an EMT, AEMT,
3488 paramedic, or state recognized and licensed level with a scope of practice and authority
3489 between EMT and paramedic; and
3490 3. Practice under the supervision of a medical director.
3491 C. An individual providing patient care in a remote state under the privilege to practice
3492 shall function within the scope of practice authorized by the home state unless and until
3493 modified by an appropriate authority in the remote state as may be defined in the rules of the
3494 commission.
3495 D. Except as provided in Section 4 subsection C, an individual practicing in a remote
3496 state will be subject to the remote state's authority and laws. A remote state may, in accordance
3497 with due process and that state's laws, restrict, suspend, or revoke an individual's privilege to
3498 practice in the remote state and may take any other necessary actions to protect the health and
3499 safety of its citizens. If a remote state takes action it shall promptly notify the home state and
3500 the Commission.
3501 E. If an individual's license in any home state is restricted or suspended, the individual
3502 shall not be eligible to practice in a remote state under the privilege to practice until the
3503 individual's home state license is restored.
3504 F. If an individual's privilege to practice in any remote state is restricted, suspended, or
3505 revoked the individual shall not be eligible to practice in any remote state until the individual's
3506 privilege to practice is restored.
3507
3508 An individual may practice in a remote state under a privilege to practice only in the
3509 performance of the individual's EMS duties as assigned by an appropriate authority, as defined
3510 in the rules of the Commission, and under the following circumstances:
3511 1. The individual originates a patient transport in a home state and transports the
3512 patient to a remote state;
3513 2. The individual originates in the home state and enters a remote state to pick up a
3514 patient and provide care and transport of the patient to the home state;
3515 3. The individual enters a remote state to provide patient care and/or transport within
3516 that remote state;
3517 4. The individual enters a remote state to pick up a patient and provide care and
3518 transport to a third member state;
3519 5. Other conditions as determined by rules promulgated by the commission.
3520
3521
3522 Upon a member state's governor's declaration of a state of emergency or disaster that
3523 activates the Emergency Management Assistance Compact (EMAC), all relevant terms and
3524 provisions of EMAC shall apply and to the extent any terms or provisions of this Compact
3525 conflicts with EMAC, the terms of EMAC shall prevail with respect to any individual
3526 practicing in the remote state in response to such declaration.
3527
3528
3529 A. Member states shall consider a veteran, active military service member, and
3530 member of the National Guard and Reserves separating from an active duty tour, and a spouse
3531 thereof, who holds a current valid and unrestricted NREMT certification at or above the level
3532 of the state license being sought as satisfying the minimum training and examination
3533 requirements for such licensure.
3534 B. Member states shall expedite the processing of licensure applications submitted by
3535 veterans, active military service members, and members of the National Guard and Reserves
3536 separating from an active duty tour, and their spouses.
3537 C. All individuals functioning with a privilege to practice under this Section remain
3538 subject to the Adverse Actions provisions of Section VIII.
3539
3540 A. A home state shall have exclusive power to impose adverse action against an
3541 individual's license issued by the home state.
3542 B. If an individual's license in any home state is restricted or suspended, the individual
3543 shall not be eligible to practice in a remote state under the privilege to practice until the
3544 individual's home state license is restored.
3545 1. All home state adverse action orders shall include a statement that the individual's
3546 compact privileges are inactive. The order may allow the individual to practice in remote states
3547 with prior written authorization from both the home state and remote state's EMS authority.
3548 2. An individual currently subject to adverse action in the home state shall not practice
3549 in any remote state without prior written authorization from both the home state and remote
3550 state's EMS authority.
3551 C. A member state shall report adverse actions and any occurrences that the
3552 individual's compact privileges are restricted, suspended, or revoked to the Commission in
3553 accordance with the rules of the Commission.
3554 D. A remote state may take adverse action on an individual's privilege to practice
3555 within that state.
3556 E. Any member state may take adverse action against an individual's privilege to
3557 practice in that state based on the factual findings of another member state, so long as each
3558 state follows its own procedures for imposing such adverse action.
3559 F. A home state's EMS authority shall investigate and take appropriate action with
3560 respect to reported conduct in a remote state as it would if such conduct had occurred within
3561 the home state. In such cases, the home state's law shall control in determining the appropriate
3562 adverse action.
3563 G. Nothing in this Compact shall override a member state's decision that participation
3564 in an alternative program may be used in lieu of adverse action and that such participation shall
3565 remain non-public if required by the member state's laws. Member states must require
3566 individuals who enter any alternative programs to agree not to practice in any other member
3567 state during the term of the alternative program without prior authorization from such other
3568 member state.
3569
3570
3571 A member state's EMS authority, in addition to any other powers granted under state
3572 law, is authorized under this compact to:
3573 1. Issue subpoenas for both hearings and investigations that require the attendance and
3574 testimony of witnesses and the production of evidence. Subpoenas issued by a member state's
3575 EMS authority for the attendance and testimony of witnesses, and/or the production of
3576 evidence from another member state, shall be enforced in the remote state by any court of
3577 competent jurisdiction, according to that court's practice and procedure in considering
3578 subpoenas issued in its own proceedings. The issuing state EMS authority shall pay any
3579 witness fees, travel expenses, mileage, and other fees required by the service statutes of the
3580 state where the witnesses and/or evidence are located; and
3581 2. Issue cease and desist orders to restrict, suspend, or revoke an individual's privilege
3582 to practice in the state.
3583
3584
3585 A. The Compact states hereby create and establish a joint public agency known as the
3586 Interstate Commission for EMS Personnel Practice.
3587 1. The Commission is a body politic and an instrumentality of the Compact states.
3588 2. Venue is proper and judicial proceedings by or against the Commission shall be
3589 brought solely and exclusively in a court of competent jurisdiction where the principal office of
3590 the Commission is located. The Commission may waive venue and jurisdictional defenses to
3591 the extent it adopts or consents to participate in alternative dispute resolution proceedings.
3592 3. Nothing in this Compact shall be construed to be a waiver of sovereign immunity.
3593 B. Membership, Voting, and Meetings
3594 1. Each member state shall have and be limited to one (1) delegate. The responsible
3595 official of the state EMS authority or his designee shall be the delegate to this Compact for
3596 each member state. Any delegate may be removed or suspended from office as provided by the
3597 law of the state from which the delegate is appointed. Any vacancy occurring in the
3598 Commission shall be filled in accordance with the laws of the member state in which the
3599 vacancy exists. In the event that more than one board, office, or other agency with the
3600 legislative mandate to license EMS personnel at and above the level of EMT exists, the
3601 Governor of the state will determine which entity will be responsible for assigning the delegate.
3602 2. Each delegate shall be entitled to one (1) vote with regard to the promulgation of
3603 rules and creation of bylaws and shall otherwise have an opportunity to participate in the
3604 business and affairs of the Commission. A delegate shall vote in person or by such other
3605 means as provided in the bylaws. The bylaws may provide for delegates' participation in
3606 meetings by telephone or other means of communication.
3607 3. The Commission shall meet at least once during each calendar year. Additional
3608 meetings shall be held as set forth in the bylaws.
3609 4. All meetings shall be open to the public, and public notice of meetings shall be
3610 given in the same manner as required under the rulemaking provisions in Section XII.
3611 5. The Commission may convene in a closed, non-public meeting if the Commission
3612 must discuss:
3613 a. Non-compliance of a member state with its obligations under the Compact;
3614 b. The employment, compensation, discipline or other personnel matters, practices or
3615 procedures related to specific employees or other matters related to the Commission's internal
3616 personnel practices and procedures;
3617 c. Current, threatened, or reasonably anticipated litigation;
3618 d. Negotiation of contracts for the purchase or sale of goods, services, or real estate;
3619 e. Accusing any person of a crime or formally censuring any person;
3620 f. Disclosure of trade secrets or commercial or financial information that is privileged
3621 or confidential;
3622 g. Disclosure of information of a personal nature where disclosure would constitute a
3623 clearly unwarranted invasion of personal privacy;
3624 h. Disclosure of investigatory records compiled for law enforcement purposes;
3625 i. Disclosure of information related to any investigatory reports prepared by or on
3626 behalf of or for use of the Commission or other committee charged with responsibility of
3627 investigation or determination of compliance issues pursuant to the compact; or
3628 j. Matters specifically exempted from disclosure by federal or member state statute.
3629 6. If a meeting, or portion of a meeting, is closed pursuant to this provision, the
3630 Commission's legal counsel or designee shall certify that the meeting may be closed and shall
3631 reference each relevant exempting provision. The Commission shall keep minutes that fully
3632 and clearly describe all matters discussed in a meeting and shall provide a full and accurate
3633 summary of actions taken, and the reasons therefore, including a description of the views
3634 expressed. All documents considered in connection with an action shall be identified in such
3635 minutes. All minutes and documents of a closed meeting shall remain under seal, subject to
3636 release by a majority vote of the Commission or order of a court of competent jurisdiction.
3637 C. The Commission shall, by a majority vote of the delegates, prescribe bylaws and/or
3638 rules to govern its conduct as may be necessary or appropriate to carry out the purposes and
3639 exercise the powers of the compact, including but not limited to:
3640 1. Establishing the fiscal year of the Commission;
3641 2. Providing reasonable standards and procedures:
3642 a. for the establishment and meetings of other committees; and
3643 b. governing any general or specific delegation of any authority or function of the
3644 Commission;
3645 3. Providing reasonable procedures for calling and conducting meetings of the
3646 Commission, ensuring reasonable advance notice of all meetings, and providing an opportunity
3647 for attendance of such meetings by interested parties, with enumerated exceptions designed to
3648 protect the public's interest, the privacy of individuals, and proprietary information, including
3649 trade secrets. The Commission may meet in closed session only after a majority of the
3650 membership votes to close a meeting in whole or in part. As soon as practicable, the
3651 Commission must make public a copy of the vote to close the meeting revealing the vote of
3652 each member with no proxy votes allowed;
3653 4. Establishing the titles, duties and authority, and reasonable procedures for the
3654 election of the officers of the Commission;
3655 5. Providing reasonable standards and procedures for the establishment of the
3656 personnel policies and programs of the Commission. Notwithstanding any civil service or
3657 other similar laws of any member state, the bylaws shall exclusively govern the personnel
3658 policies and programs of the Commission;
3659 6. Promulgating a code of ethics to address permissible and prohibited activities of
3660 Commission members and employees;
3661 7. Providing a mechanism for winding up the operations of the Commission and the
3662 equitable disposition of any surplus funds that may exist after the termination of the Compact
3663 after the payment and/or reserving of all of its debts and obligations;
3664 8. The Commission shall publish its bylaws and file a copy thereof, and a copy of any
3665 amendment thereto, with the appropriate agency or officer in each of the member states, if
3666 any[
3667 9. The Commission shall maintain its financial records in accordance with the
3668 bylaws[
3669 10. The Commission shall meet and take such actions as are consistent with the
3670 provisions of this Compact and the bylaws.
3671 D. The Commission shall have the following powers:
3672 1. The authority to promulgate uniform rules to facilitate and coordinate
3673 implementation and administration of this Compact. The rules shall have the force and effect
3674 of law and shall be binding in all member states;
3675 2. To bring and prosecute legal proceedings or actions in the name of the Commission,
3676 provided that the standing of any state EMS authority or other regulatory body responsible for
3677 EMS personnel licensure to sue or be sued under applicable law shall not be affected;
3678 3. To purchase and maintain insurance and bonds;
3679 4. To borrow, accept, or contract for services of personnel, including, but not limited
3680 to, employees of a member state;
3681 5. To hire employees, elect or appoint officers, fix compensation, define duties, grant
3682 such individuals appropriate authority to carry out the purposes of the compact, and to establish
3683 the Commission's personnel policies and programs relating to conflicts of interest,
3684 qualifications of personnel, and other related personnel matters;
3685 6. To accept any and all appropriate donations and grants of money, equipment,
3686 supplies, materials and services, and to receive, utilize and dispose of the same; provided that
3687 at all times the Commission shall strive to avoid any appearance of impropriety and/or conflict
3688 of interest;
3689 7. To lease, purchase, accept appropriate gifts or donations of, or otherwise to own,
3690 hold, improve or use, any property, real, personal or mixed; provided that at all times the
3691 Commission shall strive to avoid any appearance of impropriety;
3692 8. To sell convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of
3693 any property real, personal, or mixed;
3694 9. To establish a budget and make expenditures;
3695 10. To borrow money;
3696 11. To appoint committees, including advisory committees comprised of members,
3697 state regulators, state legislators or their representatives, and consumer representatives, and
3698 such other interested persons as may be designated in this compact and the bylaws;
3699 12. To provide and receive information from, and to cooperate with, law enforcement
3700 agencies;
3701 13. To adopt and use an official seal; and
3702 14. To perform such other functions as may be necessary or appropriate to achieve the
3703 purposes of this Compact consistent with the state regulation of EMS personnel licensure and
3704 practice.
3705 E. Financing of the Commission
3706 1. The Commission shall pay, or provide for the payment of, the reasonable expenses
3707 of its establishment, organization, and ongoing activities.
3708 2. The Commission may accept any and all appropriate revenue sources, donations, and
3709 grants of money, equipment, supplies, materials, and services.
3710 3. The Commission may levy on and collect an annual assessment from each member
3711 state or impose fees on other parties to cover the cost of the operations and activities of the
3712 Commission and its staff, which must be in a total amount sufficient to cover its annual budget
3713 as approved each year for which revenue is not provided by other sources. The aggregate
3714 annual assessment amount shall be allocated based upon a formula to be determined by the
3715 Commission, which shall promulgate a rule binding upon all member states.
3716 4. The Commission shall not incur obligations of any kind prior to securing the funds
3717 adequate to meet the same; nor shall the Commission pledge the credit of any of the member
3718 states, except by and with the authority of the member state.
3719 5. The Commission shall keep accurate accounts of all receipts and disbursements.
3720 The receipts and disbursements of the Commission shall be subject to the audit and accounting
3721 procedures established under its bylaws. However, all receipts and disbursements of funds
3722 handled by the Commission shall be audited yearly by a certified or licensed public accountant,
3723 and the report of the audit shall be included in and become part of the annual report of the
3724 Commission.
3725 F. Qualified Immunity, Defense, and Indemnification
3726 1. The members, officers, executive director, employees and representatives of the
3727 Commission shall be immune from suit and liability, either personally or in their official
3728 capacity, for any claim for damage to or loss of property or personal injury or other civil
3729 liability caused by or arising out of any actual or alleged act, error or omission that occurred, or
3730 that the person against whom the claim is made had a reasonable basis for believing occurred
3731 within the scope of Commission employment, duties or responsibilities; provided that nothing
3732 in this paragraph shall be construed to protect any such person from suit and/or liability for any
3733 damage, loss, injury, or liability caused by the intentional or willful or wanton misconduct of
3734 that person.
3735 2. The Commission shall defend any member, officer, executive director, employee or
3736 representative of the Commission in any civil action seeking to impose liability arising out of
3737 any actual or alleged act, error, or omission that occurred within the scope of Commission
3738 employment, duties, or responsibilities, or that the person against whom the claim is made had
3739 a reasonable basis for believing occurred within the scope of Commission employment, duties,
3740 or responsibilities; provided that nothing herein shall be construed to prohibit that person from
3741 retaining his or her own counsel; and provided further, that the actual or alleged act, error, or
3742 omission did not result from that person's intentional or willful or wanton misconduct.
3743 3. The Commission shall indemnify and hold harmless any member, officer, executive
3744 director, employee, or representative of the Commission for the amount of any settlement or
3745 judgment obtained against that person arising out of any actual or alleged act, error or omission
3746 that occurred within the scope of Commission employment, duties, or responsibilities, or that
3747 such person had a reasonable basis for believing occurred within the scope of Commission
3748 employment, duties, or responsibilities, provided that the actual or alleged act, error, or
3749 omission did not result from the intentional or willful or wanton misconduct of that person.
3750
3751 A. The Commission shall provide for the development and maintenance of a
3752 coordinated database and reporting system containing licensure, adverse action, and significant
3753 investigatory information on all licensed individuals in member states.
3754 B. Notwithstanding any other provision of state law to the contrary, a member state
3755 shall submit a uniform data set to the coordinated database on all individuals to whom this
3756 compact is applicable as required by the rules of the Commission, including:
3757 1. Identifying information;
3758 2. Licensure data;
3759 3. Significant investigatory information;
3760 4. Adverse actions against an individual's license;
3761 5. An indicator that an individual's privilege to practice is restricted, suspended or
3762 revoked;
3763 6. Non-confidential information related to alternative program participation;
3764 7. Any denial of application for licensure, and the reason(s) for such denial; and
3765 8. Other information that may facilitate the administration of this Compact, as
3766 determined by the rules of the Commission.
3767 C. The coordinated database administrator shall promptly notify all member states of
3768 any adverse action taken against, or significant investigative information on, any individual in a
3769 member state.
3770 D. Member states contributing information to the coordinated database may designate
3771 information that may not be shared with the public without the express permission of the
3772 contributing state.
3773 E. Any information submitted to the coordinated database that is subsequently required
3774 to be expunged by the laws of the member state contributing the information shall be removed
3775 from the coordinated database.
3776
3777 A. The Commission shall exercise its rulemaking powers pursuant to the criteria set
3778 forth in this Section and the rules adopted thereunder. Rules and amendments shall become
3779 binding as of the date specified in each rule or amendment.
3780 B. If a majority of the legislatures of the member states rejects a rule, by enactment of a
3781 statute or resolution in the same manner used to adopt the Compact, then such rule shall have
3782 no further force and effect in any member state.
3783 C. Rules or amendments to the rules shall be adopted at a regular or special meeting of
3784 the Commission.
3785 D. Prior to promulgation and adoption of a final rule or rules by the Commission, and
3786 at least sixty (60) days in advance of the meeting at which the rule will be considered and voted
3787 upon, the Commission shall file a Notice of Proposed Rulemaking:
3788 1. On the website of the Commission; and
3789 2. On the website of each member state EMS authority or the publication in which each
3790 state would otherwise publish proposed rules.
3791 E. The Notice of Proposed Rulemaking shall include:
3792 1. The proposed time, date, and location of the meeting in which the rule will be
3793 considered and voted upon;
3794 2. The text of the proposed rule or amendment and the reason for the proposed rule;
3795 3. A request for comments on the proposed rule from any interested person; and
3796 4. The manner in which interested persons may submit notice to the Commission of
3797 their intention to attend the public hearing and any written comments.
3798 F. Prior to adoption of a proposed rule, the Commission shall allow persons to submit
3799 written data, facts, opinions, and arguments, which shall be made available to the public.
3800 G. The Commission shall grant an opportunity for a public hearing before it adopts a
3801 rule or amendment if a hearing is requested by:
3802 1. At least twenty-five (25) persons;
3803 2. A governmental subdivision or agency; or
3804 3. An association having at least twenty-five (25) members.
3805 H. If a hearing is held on the proposed rule or amendment, the Commission shall
3806 publish the place, time, and date of the scheduled public hearing.
3807 1. All persons wishing to be heard at the hearing shall notify the executive director of
3808 the Commission or other designated member in writing of their desire to appear and testify at
3809 the hearing not less than five (5) business days before the scheduled date of the hearing.
3810 2. Hearings shall be conducted in a manner providing each person who wishes to
3811 comment a fair and reasonable opportunity to comment orally or in writing.
3812 3. No transcript of the hearing is required, unless a written request for a transcript is
3813 made, in which case the person requesting the transcript shall bear the cost of producing the
3814 transcript. A recording may be made in lieu of a transcript under the same terms and
3815 conditions as a transcript. This subsection shall not preclude the Commission from making a
3816 transcript or recording of the hearing if it so chooses.
3817 4. Nothing in this section shall be construed as requiring a separate hearing on each
3818 rule. Rules may be grouped for the convenience of the Commission at hearings required by
3819 this section.
3820 I. Following the scheduled hearing date, or by the close of business on the scheduled
3821 hearing date if the hearing was not held, the Commission shall consider all written and oral
3822 comments received.
3823 J. The Commission shall, by majority vote of all members, take final action on the
3824 proposed rule and shall determine the effective date of the rule, if any, based on the rulemaking
3825 record and the full text of the rule.
3826 K. If no written notice of intent to attend the public hearing by interested parties is
3827 received, the Commission may proceed with promulgation of the proposed rule without a
3828 public hearing.
3829 L. Upon determination that an emergency exists, the Commission may consider and
3830 adopt an emergency rule without prior notice, opportunity for comment, or hearing, provided
3831 that the usual rulemaking procedures provided in the Compact and in this section shall be
3832 retroactively applied to the rule as soon as reasonably possible, in no event later than ninety
3833 (90) days after the effective date of the rule. For the purposes of this provision, an emergency
3834 rule is one that must be adopted immediately in order to:
3835 1. Meet an imminent threat to public health, safety, or welfare;
3836 2. Prevent a loss of Commission or member state funds;
3837 3. Meet a deadline for the promulgation of an administrative rule that is established by
3838 federal law or rule; or
3839 4. Protect public health and safety.
3840 M. The Commission or an authorized committee of the Commission may direct
3841 revisions to a previously adopted rule or amendment for purposes of correcting typographical
3842 errors, errors in format, errors in consistency, or grammatical errors. Public notice of any
3843 revisions shall be posted on the website of the Commission. The revision shall be subject to
3844 challenge by any person for a period of thirty (30) days after posting. The revision may be
3845 challenged only on grounds that the revision results in a material change to a rule. A challenge
3846 shall be made in writing, and delivered to the chair of the Commission prior to the end of the
3847 notice period. If no challenge is made, the revision will take effect without further action. If
3848 the revision is challenged, the revision may not take effect without the approval of the
3849 Commission.
3850
3851 A. Oversight
3852 1. The executive, legislative, and judicial branches of state government in each
3853 member state shall enforce this compact and take all actions necessary and appropriate to
3854 effectuate the compact's purposes and intent. The provisions of this compact and the rules
3855 promulgated hereunder shall have standing as statutory law.
3856 2. All courts shall take judicial notice of the compact and the rules in any judicial or
3857 administrative proceeding in a member state pertaining to the subject matter of this compact
3858 which may affect the powers, responsibilities or actions of the Commission.
3859 3. The Commission shall be entitled to receive service of process in any such
3860 proceeding, and shall have standing to intervene in such a proceeding for all purposes. Failure
3861 to provide service of process to the Commission shall render a judgment or order void as to the
3862 Commission, this Compact, or promulgated rules.
3863 B. Default, Technical Assistance, and Termination
3864 1. If the Commission determines that a member state has defaulted in the performance
3865 of its obligations or responsibilities under this compact or the promulgated rules, the
3866 Commission shall:
3867 a. Provide written notice to the defaulting state and other member states of the nature
3868 of the default, the proposed means of curing the default and/or any other action to be taken by
3869 the Commission; and
3870 b. Provide remedial training and specific technical assistance regarding the default.
3871 2. If a state in default fails to cure the default, the defaulting state may be terminated
3872 from the Compact upon an affirmative vote of a majority of the member states, and all rights,
3873 privileges and benefits conferred by this compact may be terminated on the effective date of
3874 termination. A cure of the default does not relieve the offending state of obligations or
3875 liabilities incurred during the period of default.
3876 3. Termination of membership in the compact shall be imposed only after all other
3877 means of securing compliance have been exhausted. Notice of intent to suspend or terminate
3878 shall be given by the Commission to the governor, the majority and minority leaders of the
3879 defaulting state's legislature, and each of the member states.
3880 4. A state that has been terminated is responsible for all assessments, obligations, and
3881 liabilities incurred through the effective date of termination, including obligations that extend
3882 beyond the effective date of termination.
3883 5. The Commission shall not bear any costs related to a state that is found to be in
3884 default or that has been terminated from the compact, unless agreed upon in writing between
3885 the Commission and the defaulting state.
3886 6. The defaulting state may appeal the action of the Commission by petitioning the
3887 U.S. District Court for the District of Columbia or the federal district where the Commission
3888 has its principal offices. The prevailing member shall be awarded all costs of such litigation,
3889 including reasonable attorney's fees.
3890 C. Dispute Resolution
3891 1. Upon request by a member state, the Commission shall attempt to resolve disputes
3892 related to the compact that arise among member states and between member and non-member
3893 states.
3894 2. The Commission shall promulgate a rule providing for both mediation and binding
3895 dispute resolution for disputes as appropriate.
3896 D. Enforcement
3897 1. The Commission, in the reasonable exercise of its discretion, shall enforce the
3898 provisions and rules of this compact.
3899 2. By majority vote, the Commission may initiate legal action in the United States
3900 District Court for the District of Columbia or the federal district where the Commission has its
3901 principal offices against a member state in default to enforce compliance with the provisions of
3902 the compact and its promulgated rules and bylaws. The relief sought may include both
3903 injunctive relief and damages. In the event judicial enforcement is necessary, the prevailing
3904 member shall be awarded all costs of such litigation, including reasonable attorney's fees.
3905 3. The remedies herein shall not be the exclusive remedies of the Commission. The
3906 Commission may pursue any other remedies available under federal or state law.
3907
3908
3909
3910 A. The compact shall come into effect on the date on which the compact statute is
3911 enacted into law in the tenth member state. The provisions, which become effective at that
3912 time, shall be limited to the powers granted to the Commission relating to assembly and the
3913 promulgation of rules. Thereafter, the Commission shall meet and exercise rulemaking powers
3914 necessary to the implementation and administration of the compact.
3915 B. Any state that joins the compact subsequent to the Commission's initial adoption of
3916 the rules shall be subject to the rules as they exist on the date on which the compact becomes
3917 law in that state. Any rule that has been previously adopted by the Commission shall have the
3918 full force and effect of law on the day the compact becomes law in that state.
3919 C. Any member state may withdraw from this compact by enacting a statute repealing
3920 the same.
3921 1. A member state's withdrawal shall not take effect until six (6) months after
3922 enactment of the repealing statute.
3923 2. Withdrawal shall not affect the continuing requirement of the withdrawing state's
3924 EMS authority to comply with the investigative and adverse action reporting requirements of
3925 this act prior to the effective date of withdrawal.
3926 D. Nothing contained in this compact shall be construed to invalidate or prevent any
3927 EMS personnel licensure agreement or other cooperative arrangement between a member state
3928 and a non-member state that does not conflict with the provisions of this compact.
3929 E. This Compact may be amended by the member states. No amendment to this
3930 Compact shall become effective and binding upon any member state until it is enacted into the
3931 laws of all member states.
3932
3933 This Compact shall be liberally construed so as to effectuate the purposes thereof. If
3934 this compact shall be held contrary to the constitution of any state member thereto, the compact
3935 shall remain in full force and effect as to the remaining member states. Nothing in this
3936 compact supersedes state law or rules related to licensure of EMS agencies.
3937 Section 100. Section 53-10-405 is amended to read:
3938 53-10-405. DNA specimen analysis -- Saliva sample to be obtained by agency --
3939 Blood sample to be drawn by professional.
3940 (1) (a) A saliva sample shall be obtained by the responsible agency under Subsection
3941 53-10-404(5).
3942 (b) The sample shall be obtained in a professionally acceptable manner, using
3943 appropriate procedures to ensure the sample is adequate for DNA analysis.
3944 (2) (a) A blood sample shall be drawn in a medically acceptable manner by any of the
3945 following:
3946 (i) a physician;
3947 (ii) a physician assistant;
3948 (iii) a registered nurse;
3949 (iv) a licensed practical nurse;
3950 (v) a paramedic;
3951 (vi) as provided in Subsection (2)(b), emergency medical service personnel other than
3952 paramedics; or
3953 (vii) a person with a valid permit issued by the Department of Health and Human
3954 Services under Section [
3955 (b) The Department of Health and Human Services may designate by rule, in
3956 accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, which emergency
3957 medical service personnel, as defined in Section [
3958 blood under Subsection (2)(a)(vi), based on the type of license under Section [
3959 53-2d-402.
3960 (c) A person authorized by this section to draw a blood sample may not be held civilly
3961 liable for drawing a sample in a medically acceptable manner.
3962 (3) A test result or opinion based upon a test result regarding a DNA specimen may not
3963 be rendered inadmissible as evidence solely because of deviations from procedures adopted by
3964 the department that do not affect the reliability of the opinion or test result.
3965 (4) A DNA specimen is not required to be obtained if:
3966 (a) the court or the responsible agency confirms with the department that the
3967 department has previously received an adequate DNA specimen obtained from the person in
3968 accordance with this section; or
3969 (b) the court determines that obtaining a DNA specimen would create a substantial and
3970 unreasonable risk to the health of the person.
3971 Section 101. Section 53-21-101 is amended to read:
3972 53-21-101. Definitions.
3973 As used in this chapter:
3974 (1) "Crime scene investigator technician" means an individual employed by a law
3975 enforcement agency to collect and analyze evidence from crime scenes and crime-related
3976 incidents.
3977 (2) "Department" means the Department of Public Safety.
3978 (3) "First responder" means:
3979 (a) a law enforcement officer, as defined in Section 53-13-103;
3980 (b) an emergency medical technician, as defined in Section [
3981 (c) an advanced emergency medical technician, as defined in Section [
3982 53-2e-101;
3983 (d) a paramedic, as defined in Section [
3984 (e) a firefighter, as defined in Section 34A-3-113;
3985 (f) a dispatcher, as defined in Section 53-6-102;
3986 (g) a correctional officer, as defined in Section 53-13-104;
3987 (h) a special function officer, as defined in Section 53-13-105, employed by a local
3988 sheriff;
3989 (i) a search and rescue worker under the supervision of a local sheriff;
3990 (j) a credentialed criminal justice system victim advocate as defined in Section
3991 77-38-403 who responds to incidents with a law enforcement officer;
3992 (k) a crime scene investigator technician; or
3993 (l) a wildland firefighter.
3994 (4) "First responder agency" means a local district, municipality, interlocal entity, or
3995 other political subdivision that employs a first responder to provide fire protection, paramedic,
3996 law enforcement, or emergency services.
3997 (5) "Mental health resources" means:
3998 (a) an assessment to determine appropriate mental health treatment that is performed
3999 by a mental health therapist;
4000 (b) outpatient mental health treatment provided by a mental health therapist; or
4001 (c) peer support services provided by a peer support specialist who is qualified to
4002 provide peer support services under Subsection 62A-15-103(2)(h).
4003 (6) "Mental health therapist" means the same as that term is defined in Section
4004 58-60-102.
4005 (7) "Plan" means a plan to implement or expand a program that provides mental health
4006 resources to first responders for which the division awards a grant under this chapter.
4007 Section 102. Section 58-1-307 is amended to read:
4008 58-1-307. Exemptions from licensure.
4009 (1) Except as otherwise provided by statute or rule, the following individuals may
4010 engage in the practice of their occupation or profession, subject to the stated circumstances and
4011 limitations, without being licensed under this title:
4012 (a) an individual serving in the armed forces of the United States, the United States
4013 Public Health Service, the United States Department of Veterans Affairs, or other federal
4014 agencies while engaged in activities regulated under this chapter as a part of employment with
4015 that federal agency if the individual holds a valid license to practice a regulated occupation or
4016 profession issued by any other state or jurisdiction recognized by the division;
4017 (b) a student engaged in activities constituting the practice of a regulated occupation or
4018 profession while in training in a recognized school approved by the division to the extent the
4019 activities are supervised by qualified faculty, staff, or designee and the activities are a defined
4020 part of the training program;
4021 (c) an individual engaged in an internship, residency, preceptorship, postceptorship,
4022 fellowship, apprenticeship, or on-the-job training program approved by the division while
4023 under the supervision of qualified individuals;
4024 (d) an individual residing in another state and licensed to practice a regulated
4025 occupation or profession in that state, who is called in for a consultation by an individual
4026 licensed in this state, and the services provided are limited to that consultation;
4027 (e) an individual who is invited by a recognized school, association, society, or other
4028 body approved by the division to conduct a lecture, clinic, or demonstration of the practice of a
4029 regulated occupation or profession if the individual does not establish a place of business or
4030 regularly engage in the practice of the regulated occupation or profession in this state;
4031 (f) an individual licensed under the laws of this state, other than under this title, to
4032 practice or engage in an occupation or profession, while engaged in the lawful, professional,
4033 and competent practice of that occupation or profession;
4034 (g) an individual licensed in a health care profession in another state who performs that
4035 profession while attending to the immediate needs of a patient for a reasonable period during
4036 which the patient is being transported from outside of this state, into this state, or through this
4037 state;
4038 (h) an individual licensed in another state or country who is in this state temporarily to
4039 attend to the needs of an athletic team or group, except that the practitioner may only attend to
4040 the needs of the athletic team or group, including all individuals who travel with the team or
4041 group in any capacity except as a spectator;
4042 (i) an individual licensed and in good standing in another state, who is in this state:
4043 (i) temporarily, under the invitation and control of a sponsoring entity;
4044 (ii) for a reason associated with a special purpose event, based upon needs that may
4045 exceed the ability of this state to address through its licensees, as determined by the division;
4046 and
4047 (iii) for a limited period of time not to exceed the duration of that event, together with
4048 any necessary preparatory and conclusionary periods; and
4049 (j) the spouse of an individual serving in the armed forces of the United States while
4050 the individual is stationed within this state, provided:
4051 (i) the spouse holds a valid license to practice a regulated occupation or profession
4052 issued by any other state or jurisdiction recognized by the division; and
4053 (ii) the license is current and the spouse is in good standing in the state of licensure.
4054 (2) (a) A practitioner temporarily in this state who is exempted from licensure under
4055 Subsection (1) shall comply with each requirement of the licensing jurisdiction from which the
4056 practitioner derives authority to practice.
4057 (b) Violation of a limitation imposed by this section constitutes grounds for removal of
4058 exempt status, denial of license, or other disciplinary proceedings.
4059 (3) An individual who is licensed under a specific chapter of this title to practice or
4060 engage in an occupation or profession may engage in the lawful, professional, and competent
4061 practice of that occupation or profession without additional licensure under other chapters of
4062 this title, except as otherwise provided by this title.
4063 (4) Upon the declaration of a national, state, or local emergency, a public health
4064 emergency as defined in Section 26-23b-102, or a declaration by the president of the United
4065 States or other federal official requesting public health-related activities, the division in
4066 collaboration with the relevant board may:
4067 (a) suspend the requirements for permanent or temporary licensure of individuals who
4068 are licensed in another state for the duration of the emergency while engaged in the scope of
4069 practice for which they are licensed in the other state;
4070 (b) modify, under the circumstances described in this Subsection (4) and Subsection
4071 (5), the scope of practice restrictions under this title for individuals who are licensed under this
4072 title as:
4073 (i) a physician under Chapter 67, Utah Medical Practice Act, or Chapter 68, Utah
4074 Osteopathic Medical Practice Act;
4075 (ii) a nurse under Chapter 31b, Nurse Practice Act, or Chapter 31e, Nurse Licensure
4076 Compact - Revised;
4077 (iii) a certified nurse midwife under Chapter 44a, Nurse Midwife Practice Act;
4078 (iv) a pharmacist, pharmacy technician, or pharmacy intern under Chapter 17b,
4079 Pharmacy Practice Act;
4080 (v) a respiratory therapist under Chapter 57, Respiratory Care Practices Act;
4081 (vi) a dentist and dental hygienist under Chapter 69, Dentist and Dental Hygienist
4082 Practice Act; and
4083 (vii) a physician assistant under Chapter 70a, Utah Physician Assistant Act;
4084 (c) suspend the requirements for licensure under this title and modify the scope of
4085 practice in the circumstances described in this Subsection (4) and Subsection (5) for medical
4086 services personnel or paramedics required to be licensed under Section [
4087 (d) suspend requirements in Subsections 58-17b-620(3) through (6) which require
4088 certain prescriptive procedures;
4089 (e) exempt or modify the requirement for licensure of an individual who is activated as
4090 a member of a medical reserve corps during a time of emergency as provided in Section
4091 26A-1-126;
4092 (f) exempt or modify the requirement for licensure of an individual who is registered as
4093 a volunteer health practitioner as provided in Title 26, Chapter 49, Uniform Emergency
4094 Volunteer Health Practitioners Act; and
4095 (g) in accordance with rules made by the division in accordance with Title 63G,
4096 Chapter 3, Utah Administrative Rulemaking Act, exempt or modify the requirements for
4097 licensure of an individual engaged in one or more of the construction trades described in
4098 Chapter 55, Utah Construction Trades Licensing Act.
4099 (5) Individuals exempt under Subsection (4)(c) and individuals operating under
4100 modified scope of practice provisions under Subsection (4)(b):
4101 (a) are exempt from licensure or subject to modified scope of practice for the duration
4102 of the emergency;
4103 (b) must be engaged in the distribution of medicines or medical devices in response to
4104 the emergency or declaration; and
4105 (c) must be employed by or volunteering for:
4106 (i) a local or state department of health; or
4107 (ii) a host entity as defined in Section 26-49-102.
4108 (6) In accordance with the protocols established under Subsection (8), upon the
4109 declaration of a national, state, or local emergency, the Department of Health or a local health
4110 department shall coordinate with public safety authorities as defined in Subsection
4111 26-23b-110(1) and may:
4112 (a) use a vaccine, antiviral, antibiotic, or other prescription medication that is not a
4113 controlled substance to prevent or treat a disease or condition that gave rise to, or was a
4114 consequence of, the emergency; or
4115 (b) distribute a vaccine, antiviral, antibiotic, or other prescription medication that is not
4116 a controlled substance:
4117 (i) if necessary, to replenish a commercial pharmacy in the event that the commercial
4118 pharmacy's normal source of the vaccine, antiviral, antibiotic, or other prescription medication
4119 is exhausted; or
4120 (ii) for dispensing or direct administration to treat the disease or condition that gave
4121 rise to, or was a consequence of, the emergency by:
4122 (A) a pharmacy;
4123 (B) a prescribing practitioner;
4124 (C) a licensed health care facility;
4125 (D) a federally qualified community health clinic; or
4126 (E) a governmental entity for use by a community more than 50 miles from a person
4127 described in Subsections (6)(b)(ii)(A) through (D).
4128 (7) In accordance with protocols established under Subsection (8), upon the declaration
4129 of a national, state, or local emergency, the Department of Health shall coordinate the
4130 distribution of medications:
4131 (a) received from the strategic national stockpile to local health departments; and
4132 (b) from local health departments to emergency personnel within the local health
4133 departments' geographic region.
4134 (8) The Department of Health shall establish by rule, made in accordance with Title
4135 63G, Chapter 3, Utah Administrative Rulemaking Act, protocols for administering, dispensing,
4136 and distributing a vaccine, an antiviral, an antibiotic, or other prescription medication that is
4137 not a controlled substance in the event of a declaration of a national, state, or local emergency.
4138 The protocol shall establish procedures for the Department of Health or a local health
4139 department to:
4140 (a) coordinate the distribution of:
4141 (i) a vaccine, an antiviral, an antibiotic, or other prescription medication that is not a
4142 controlled substance received by the Department of Health from the strategic national stockpile
4143 to local health departments; and
4144 (ii) a vaccine, an antiviral, an antibiotic, or other non-controlled prescription
4145 medication received by a local health department to emergency personnel within the local
4146 health department's geographic region;
4147 (b) authorize the dispensing, administration, or distribution of a vaccine, an antiviral,
4148 an antibiotic, or other prescription medication that is not a controlled substance to the contact
4149 of a patient without a patient-practitioner relationship, if the contact's condition is the same as
4150 that of the physician's or physician assistant's patient; and
4151 (c) authorize the administration, distribution, or dispensing of a vaccine, an antiviral,
4152 an antibiotic, or other non-controlled prescription medication to an individual who:
4153 (i) is working in a triage situation;
4154 (ii) is receiving preventative or medical treatment in a triage situation;
4155 (iii) does not have coverage for the prescription in the individual's health insurance
4156 plan;
4157 (iv) is involved in the delivery of medical or other emergency services in response to
4158 the declared national, state, or local emergency; or
4159 (v) otherwise has a direct impact on public health.
4160 (9) The Department of Health shall give notice to the division upon implementation of
4161 the protocol established under Subsection (8).
4162 Section 103. Section 58-1-509 is amended to read:
4163 58-1-509. Patient consent for certain medical examinations.
4164 (1) As used in this section:
4165 (a) "Health care provider" means:
4166 (i) an individual who is:
4167 (A) a healthcare provider as defined in Section 78B-3-403; and
4168 (B) licensed under this title;
4169 (ii) emergency medical service personnel as defined in Section [
4170 or
4171 (iii) an individual described in Subsection 58-1-307(1)(b) or (c).
4172 (b) "Patient examination" means a medical examination that requires contact with the
4173 patient's sexual organs.
4174 (2) A health care provider may not perform a patient examination on an anesthetized or
4175 unconscious patient unless:
4176 (a) the health care provider obtains consent from the patient or the patient's
4177 representative in accordance with Subsection (3);
4178 (b) a court orders performance of the patient examination for the collection of
4179 evidence;
4180 (c) the performance of the patient examination is within the scope of care for a
4181 procedure or diagnostic examination scheduled to be performed on the patient; or
4182 (d) the patient examination is immediately necessary for diagnosis or treatment of the
4183 patient.
4184 (3) To obtain consent to perform a patient examination on an anesthetized or
4185 unconscious patient, before performing the patient examination, the health care provider shall:
4186 (a) provide the patient or the patient's representative with a written or electronic
4187 document that:
4188 (i) is provided separately from any other notice or agreement;
4189 (ii) contains the following heading at the top of the document in not smaller than
4190 18-point bold face type: "CONSENT FOR EXAMINATION OF PELVIC REGION";
4191 (iii) specifies the nature and purpose of the patient examination;
4192 (iv) names one or more primary health care providers whom the patient or the patient's
4193 representative may authorize to perform the patient examination;
4194 (v) states whether there may be a student or resident that the patient or the patient's
4195 representative authorizes to:
4196 (A) perform an additional patient examination; or
4197 (B) observe or otherwise be present at the patient examination, either in person or
4198 through electronic means; and
4199 (vi) provides the patient or the patient's representative with a series of check boxes that
4200 allow the patient or the patient's representative to:
4201 (A) consent to the patient examination for diagnosis or treatment and an additional
4202 patient examination performed by a student or resident for an educational or training purpose;
4203 (B) consent to the patient examination only for diagnosis or treatment; or
4204 (C) refuse to consent to the patient examination;
4205 (b) obtain the signature of the patient or the patient's representative on the written or
4206 electronic document while witnessed by a third party; and
4207 (c) sign the written or electronic document.
4208 Section 104. Section 58-37-8 is amended to read:
4209 58-37-8. Prohibited acts -- Penalties.
4210 (1) Prohibited acts A -- Penalties and reporting:
4211 (a) Except as authorized by this chapter, it is unlawful for a person to knowingly and
4212 intentionally:
4213 (i) produce, manufacture, or dispense, or to possess with intent to produce,
4214 manufacture, or dispense, a controlled or counterfeit substance;
4215 (ii) distribute a controlled or counterfeit substance, or to agree, consent, offer, or
4216 arrange to distribute a controlled or counterfeit substance;
4217 (iii) possess a controlled or counterfeit substance with intent to distribute; or
4218 (iv) engage in a continuing criminal enterprise where:
4219 (A) the person participates, directs, or engages in conduct that results in a violation of
4220 [
4221 Paraphernalia Act, Chapter 37b, Imitation Controlled Substances Act, Chapter 37c, Utah
4222 Controlled Substance Precursor Act, or Chapter 37d, Clandestine Drug Lab Act, that is a
4223 felony; and
4224 (B) the violation is a part of a continuing series of two or more violations of [
4225
4226 Chapter 37b, Imitation Controlled Substances Act, Chapter 37c, Utah Controlled Substance
4227 Precursor Act, or Chapter 37d, Clandestine Drug Lab Act, on separate occasions that are
4228 undertaken in concert with five or more persons with respect to whom the person occupies a
4229 position of organizer, supervisor, or any other position of management.
4230 (b) A person convicted of violating Subsection (1)(a) with respect to:
4231 (i) a substance or a counterfeit of a substance classified in Schedule I or II, a controlled
4232 substance analog, or gammahydroxybutyric acid as listed in Schedule III is guilty of a second
4233 degree felony, punishable by imprisonment for not more than 15 years, and upon a second or
4234 subsequent conviction is guilty of a first degree felony;
4235 (ii) a substance or a counterfeit of a substance classified in Schedule III or IV, or
4236 marijuana, or a substance listed in Section 58-37-4.2 is guilty of a third degree felony, and
4237 upon a second or subsequent conviction is guilty of a second degree felony; or
4238 (iii) a substance or a counterfeit of a substance classified in Schedule V is guilty of a
4239 class A misdemeanor and upon a second or subsequent conviction is guilty of a third degree
4240 felony.
4241 (c) A person who has been convicted of a violation of Subsection (1)(a)(ii) or (iii) may
4242 be sentenced to imprisonment for an indeterminate term as provided by law, but if the trier of
4243 fact finds a firearm as defined in Section 76-10-501 was used, carried, or possessed on the
4244 person or in the person's immediate possession during the commission or in furtherance of the
4245 offense, the court shall additionally sentence the person convicted for a term of one year to run
4246 consecutively and not concurrently; and the court may additionally sentence the person
4247 convicted for an indeterminate term not to exceed five years to run consecutively and not
4248 concurrently.
4249 (d) (i) A person convicted of violating Subsection (1)(a)(iv) is guilty of a first degree
4250 felony punishable by imprisonment for an indeterminate term of not less than:
4251 (A) seven years and which may be for life; or
4252 (B) 15 years and which may be for life if the trier of fact determined that the defendant
4253 knew or reasonably should have known that any subordinate under Subsection (1)(a)(iv)(B)
4254 was under 18 years old.
4255 (ii) Imposition or execution of the sentence may not be suspended, and the person is
4256 not eligible for probation.
4257 (iii) Subsection (1)(d)(i)(B) does not apply to any defendant who, at the time of the
4258 offense, was under 18 years old.
4259 (e) The Administrative Office of the Courts shall report to the Division of Professional
4260 Licensing the name, case number, date of conviction, and if known, the date of birth of each
4261 person convicted of violating Subsection (1)(a).
4262 (2) Prohibited acts B -- Penalties and reporting:
4263 (a) It is unlawful:
4264 (i) for a person knowingly and intentionally to possess or use a controlled substance
4265 analog or a controlled substance, unless it was obtained under a valid prescription or order,
4266 directly from a practitioner while acting in the course of the person's professional practice, or as
4267 otherwise authorized by this chapter;
4268 (ii) for an owner, tenant, licensee, or person in control of a building, room, tenement,
4269 vehicle, boat, aircraft, or other place knowingly and intentionally to permit them to be occupied
4270 by persons unlawfully possessing, using, or distributing controlled substances in any of those
4271 locations; or
4272 (iii) for a person knowingly and intentionally to possess an altered or forged
4273 prescription or written order for a controlled substance.
4274 (b) A person convicted of violating Subsection (2)(a)(i) with respect to:
4275 (i) marijuana, if the amount is 100 pounds or more, is guilty of a second degree felony;
4276 or
4277 (ii) a substance classified in Schedule I or II, or a controlled substance analog, is guilty
4278 of a class A misdemeanor on a first or second conviction, and on a third or subsequent
4279 conviction if each prior offense was committed within seven years before the date of the
4280 offense upon which the current conviction is based is guilty of a third degree felony.
4281 (c) Upon a person's conviction of a violation of this Subsection (2) subsequent to a
4282 conviction under Subsection (1)(a), that person shall be sentenced to a one degree greater
4283 penalty than provided in this Subsection (2).
4284 (d) A person who violates Subsection (2)(a)(i) with respect to all other controlled
4285 substances not included in Subsection (2)(b)(i) or (ii), including a substance listed in Section
4286 58-37-4.2, or marijuana, is guilty of a class B misdemeanor.
4287 (i) Upon a third conviction the person is guilty of a class A misdemeanor, if each prior
4288 offense was committed within seven years before the date of the offense upon which the
4289 current conviction is based.
4290 (ii) Upon a fourth or subsequent conviction the person is guilty of a third degree felony
4291 if each prior offense was committed within seven years before the date of the offense upon
4292 which the current conviction is based.
4293 (e) A person convicted of violating Subsection (2)(a)(i) while inside the exterior
4294 boundaries of property occupied by a correctional facility as defined in Section 64-13-1 or a
4295 public jail or other place of confinement shall be sentenced to a penalty one degree greater than
4296 provided in Subsection (2)(b), and if the conviction is with respect to controlled substances as
4297 listed in:
4298 (i) Subsection (2)(b), the person may be sentenced to imprisonment for an
4299 indeterminate term as provided by law, and:
4300 (A) the court shall additionally sentence the person convicted to a term of one year to
4301 run consecutively and not concurrently; and
4302 (B) the court may additionally sentence the person convicted for an indeterminate term
4303 not to exceed five years to run consecutively and not concurrently; and
4304 (ii) Subsection (2)(d), the person may be sentenced to imprisonment for an
4305 indeterminate term as provided by law, and the court shall additionally sentence the person
4306 convicted to a term of six months to run consecutively and not concurrently.
4307 (f) A person convicted of violating Subsection (2)(a)(ii) or (iii) is:
4308 (i) on a first conviction, guilty of a class B misdemeanor;
4309 (ii) on a second conviction, guilty of a class A misdemeanor; and
4310 (iii) on a third or subsequent conviction, guilty of a third degree felony.
4311 (g) The Administrative Office of the Courts shall report to the Division of Professional
4312 Licensing the name, case number, date of conviction, and if known, the date of birth of each
4313 person convicted of violating Subsection (2)(a).
4314 (3) Prohibited acts C -- Penalties:
4315 (a) It is unlawful for a person knowingly and intentionally:
4316 (i) to use in the course of the manufacture or distribution of a controlled substance a
4317 license number which is fictitious, revoked, suspended, or issued to another person or, for the
4318 purpose of obtaining a controlled substance, to assume the title of, or represent oneself to be, a
4319 manufacturer, wholesaler, apothecary, physician, dentist, veterinarian, or other authorized
4320 person;
4321 (ii) to acquire or obtain possession of, to procure or attempt to procure the
4322 administration of, to obtain a prescription for, to prescribe or dispense to a person known to be
4323 attempting to acquire or obtain possession of, or to procure the administration of a controlled
4324 substance by misrepresentation or failure by the person to disclose receiving a controlled
4325 substance from another source, fraud, forgery, deception, subterfuge, alteration of a
4326 prescription or written order for a controlled substance, or the use of a false name or address;
4327 (iii) to make a false or forged prescription or written order for a controlled substance,
4328 or to utter the same, or to alter a prescription or written order issued or written under the terms
4329 of this chapter; or
4330 (iv) to make, distribute, or possess a punch, die, plate, stone, or other thing designed to
4331 print, imprint, or reproduce the trademark, trade name, or other identifying mark, imprint, or
4332 device of another or any likeness of any of the foregoing upon any drug or container or labeling
4333 so as to render a drug a counterfeit controlled substance.
4334 (b) (i) A first or second conviction under Subsection (3)(a)(i), (ii), or (iii) is a class A
4335 misdemeanor.
4336 (ii) A third or subsequent conviction under Subsection (3)(a)(i), (ii), or (iii) is a third
4337 degree felony.
4338 (c) A violation of Subsection (3)(a)(iv) is a third degree felony.
4339 (4) Prohibited acts D -- Penalties:
4340 (a) Notwithstanding other provisions of this section, a person not authorized under this
4341 chapter who commits any act that is unlawful under Subsection (1)(a) or Section 58-37b-4 is
4342 upon conviction subject to the penalties and classifications under this Subsection (4) if the trier
4343 of fact finds the act is committed:
4344 (i) in a public or private elementary or secondary school or on the grounds of any of
4345 those schools during the hours of 6 a.m. through 10 p.m.;
4346 (ii) in a public or private vocational school or postsecondary institution or on the
4347 grounds of any of those schools or institutions during the hours of 6 a.m. through 10 p.m.;
4348 (iii) in or on the grounds of a preschool or child-care facility during the preschool's or
4349 facility's hours of operation;
4350 (iv) in a public park, amusement park, arcade, or recreation center when the public or
4351 amusement park, arcade, or recreation center is open to the public;
4352 (v) in or on the grounds of a house of worship as defined in Section 76-10-501;
4353 (vi) in or on the grounds of a library when the library is open to the public;
4354 (vii) within an area that is within 100 feet of any structure, facility, or grounds included
4355 in Subsections (4)(a)(i)[
4356 (viii) in the presence of a person younger than 18 years old, regardless of where the act
4357 occurs; or
4358 (ix) for the purpose of facilitating, arranging, or causing the transport, delivery, or
4359 distribution of a substance in violation of this section to an inmate or on the grounds of a
4360 correctional facility as defined in Section 76-8-311.3.
4361 (b) (i) A person convicted under this Subsection (4) is guilty of a first degree felony
4362 and shall be imprisoned for a term of not less than five years if the penalty that would
4363 otherwise have been established but for this Subsection (4) would have been a first degree
4364 felony.
4365 (ii) Imposition or execution of the sentence may not be suspended, and the person is
4366 not eligible for probation.
4367 (c) If the classification that would otherwise have been established would have been
4368 less than a first degree felony but for this Subsection (4), a person convicted under this
4369 Subsection (4) is guilty of one degree more than the maximum penalty prescribed for that
4370 offense.
4371 (d) (i) If the violation is of Subsection (4)(a)(ix):
4372 (A) the person may be sentenced to imprisonment for an indeterminate term as
4373 provided by law, and the court shall additionally sentence the person convicted for a term of
4374 one year to run consecutively and not concurrently; and
4375 (B) the court may additionally sentence the person convicted for an indeterminate term
4376 not to exceed five years to run consecutively and not concurrently; and
4377 (ii) the penalties under this Subsection (4)(d) apply also to a person who, acting with
4378 the mental state required for the commission of an offense, directly or indirectly solicits,
4379 requests, commands, coerces, encourages, or intentionally aids another person to commit a
4380 violation of Subsection (4)(a)(ix).
4381 (e) It is not a defense to a prosecution under this Subsection (4) that:
4382 (i) the actor mistakenly believed the individual to be 18 years old or older at the time of
4383 the offense or was unaware of the individual's true age; or
4384 (ii) the actor mistakenly believed that the location where the act occurred was not as
4385 described in Subsection (4)(a) or was unaware that the location where the act occurred was as
4386 described in Subsection (4)(a).
4387 (5) A violation of this chapter for which no penalty is specified is a class B
4388 misdemeanor.
4389 (6) (a) For purposes of penalty enhancement under Subsections (1) and (2), a plea of
4390 guilty or no contest to a violation or attempted violation of this section or a plea which is held
4391 in abeyance under Title 77, Chapter 2a, Pleas in Abeyance, is the equivalent of a conviction,
4392 even if the charge has been subsequently reduced or dismissed in accordance with the plea in
4393 abeyance agreement.
4394 (b) A prior conviction used for a penalty enhancement under Subsection (2) shall be a
4395 conviction that is:
4396 (i) from a separate criminal episode than the current charge; and
4397 (ii) from a conviction that is separate from any other conviction used to enhance the
4398 current charge.
4399 (7) A person may be charged and sentenced for a violation of this section,
4400 notwithstanding a charge and sentence for a violation of any other section of this chapter.
4401 (8) (a) A penalty imposed for violation of this section is in addition to, and not in lieu
4402 of, a civil or administrative penalty or sanction authorized by law.
4403 (b) When a violation of this chapter violates a federal law or the law of another state,
4404 conviction or acquittal under federal law or the law of another state for the same act is a bar to
4405 prosecution in this state.
4406 (9) In any prosecution for a violation of this chapter, evidence or proof that shows a
4407 person or persons produced, manufactured, possessed, distributed, or dispensed a controlled
4408 substance or substances, is prima facie evidence that the person or persons did so with
4409 knowledge of the character of the substance or substances.
4410 (10) This section does not prohibit a veterinarian, in good faith and in the course of the
4411 veterinarian's professional practice only and not for humans, from prescribing, dispensing, or
4412 administering controlled substances or from causing the substances to be administered by an
4413 assistant or orderly under the veterinarian's direction and supervision.
4414 (11) Civil or criminal liability may not be imposed under this section on:
4415 (a) a person registered under this chapter who manufactures, distributes, or possesses
4416 an imitation controlled substance for use as a placebo or investigational new drug by a
4417 registered practitioner in the ordinary course of professional practice or research; or
4418 (b) a law enforcement officer acting in the course and legitimate scope of the officer's
4419 employment.
4420 (12) (a) Civil or criminal liability may not be imposed under this section on any Indian,
4421 as defined in Section 58-37-2, who uses, possesses, or transports peyote for bona fide
4422 traditional ceremonial purposes in connection with the practice of a traditional Indian religion
4423 as defined in Section 58-37-2.
4424 (b) In a prosecution alleging violation of this section regarding peyote as defined in
4425 Section 58-37-4, it is an affirmative defense that the peyote was used, possessed, or transported
4426 by an Indian for bona fide traditional ceremonial purposes in connection with the practice of a
4427 traditional Indian religion.
4428 (c) (i) The defendant shall provide written notice of intent to claim an affirmative
4429 defense under this Subsection (12) as soon as practicable, but not later than 10 days before
4430 trial.
4431 (ii) The notice shall include the specific claims of the affirmative defense.
4432 (iii) The court may waive the notice requirement in the interest of justice for good
4433 cause shown, if the prosecutor is not unfairly prejudiced by the lack of timely notice.
4434 (d) The defendant shall establish the affirmative defense under this Subsection (12) by
4435 a preponderance of the evidence. If the defense is established, it is a complete defense to the
4436 charges.
4437 (13) (a) It is an affirmative defense that the person produced, possessed, or
4438 administered a controlled substance listed in Section 58-37-4.2 if the person was:
4439 (i) engaged in medical research; and
4440 (ii) a holder of a valid license to possess controlled substances under Section 58-37-6.
4441 (b) It is not a defense under Subsection (13)(a) that the person prescribed or dispensed
4442 a controlled substance listed in Section 58-37-4.2.
4443 (14) It is an affirmative defense that the person possessed, in the person's body, a
4444 controlled substance listed in Section 58-37-4.2 if:
4445 (a) the person was the subject of medical research conducted by a holder of a valid
4446 license to possess controlled substances under Section 58-37-6; and
4447 (b) the substance was administered to the person by the medical researcher.
4448 (15) The application of any increase in penalty under this section to a violation of
4449 Subsection (2)(a)(i) may not result in any greater penalty than a second degree felony. This
4450 Subsection (15) takes precedence over any conflicting provision of this section.
4451 (16) (a) It is an affirmative defense to an allegation of the commission of an offense
4452 listed in Subsection (16)(b) that the person or bystander:
4453 (i) reasonably believes that the person or another person is experiencing an overdose
4454 event due to the ingestion, injection, inhalation, or other introduction into the human body of a
4455 controlled substance or other substance;
4456 (ii) reports, or assists a person who reports, in good faith the overdose event to a
4457 medical provider, an emergency medical service provider as defined in Section [
4458 53-2d-101, a law enforcement officer, a 911 emergency call system, or an emergency dispatch
4459 system, or the person is the subject of a report made under this Subsection (16);
4460 (iii) provides in the report under Subsection (16)(a)(ii) a functional description of the
4461 actual location of the overdose event that facilitates responding to the person experiencing the
4462 overdose event;
4463 (iv) remains at the location of the person experiencing the overdose event until a
4464 responding law enforcement officer or emergency medical service provider arrives, or remains
4465 at the medical care facility where the person experiencing an overdose event is located until a
4466 responding law enforcement officer arrives;
4467 (v) cooperates with the responding medical provider, emergency medical service
4468 provider, and law enforcement officer, including providing information regarding the person
4469 experiencing the overdose event and any substances the person may have injected, inhaled, or
4470 otherwise introduced into the person's body; and
4471 (vi) is alleged to have committed the offense in the same course of events from which
4472 the reported overdose arose.
4473 (b) The offenses referred to in Subsection (16)(a) are:
4474 (i) the possession or use of less than 16 ounces of marijuana;
4475 (ii) the possession or use of a scheduled or listed controlled substance other than
4476 marijuana; and
4477 (iii) any violation of Chapter 37a, Utah Drug Paraphernalia Act, or Chapter 37b,
4478 Imitation Controlled Substances Act.
4479 (c) As used in this Subsection (16) and in Section 76-3-203.11, "good faith" does not
4480 include seeking medical assistance under this section during the course of a law enforcement
4481 agency's execution of a search warrant, execution of an arrest warrant, or other lawful search.
4482 (17) If any provision of this chapter, or the application of any provision to any person
4483 or circumstances, is held invalid, the remainder of this chapter shall be given effect without the
4484 invalid provision or application.
4485 (18) A legislative body of a political subdivision may not enact an ordinance that is
4486 less restrictive than any provision of this chapter.
4487 (19) If a minor who is under 18 years old is found by a court to have violated this
4488 section or Subsection 76-5-102.1(2)(b) or 76-5-207(2)(b), the court may order the minor to
4489 complete:
4490 (a) a screening as defined in Section 41-6a-501;
4491 (b) an assessment as defined in Section 41-6a-501 if the screening indicates an
4492 assessment to be appropriate; and
4493 (c) an educational series as defined in Section 41-6a-501 or substance use disorder
4494 treatment as indicated by an assessment.
4495 Section 105. Section 59-12-801 is amended to read:
4496 59-12-801. Definitions.
4497 As used in this part:
4498 (1) "Emergency medical services" is as defined in Section [
4499 (2) "Federally qualified health center" is as defined in 42 U.S.C. Sec. 1395x.
4500 (3) "Freestanding urgent care center" means a facility that provides outpatient health
4501 care service:
4502 (a) on an as-needed basis, without an appointment;
4503 (b) to the public;
4504 (c) for the diagnosis and treatment of a medical condition if that medical condition
4505 does not require hospitalization or emergency intervention for a life threatening or potentially
4506 permanently disabling condition; and
4507 (d) including one or more of the following services:
4508 (i) a medical history physical examination;
4509 (ii) an assessment of health status; or
4510 (iii) treatment:
4511 (A) for a variety of medical conditions; and
4512 (B) that is commonly offered in a physician's office.
4513 (4) "Nursing care facility" is as defined in Section 26-21-2.
4514 (5) "Rural city hospital" means a hospital owned by a city that is located within a third,
4515 fourth, fifth, or sixth class county.
4516 (6) "Rural county health care facility" means a:
4517 (a) rural county hospital; or
4518 (b) rural county nursing care facility.
4519 (7) "Rural county hospital" means a hospital owned by a county that is:
4520 (a) a third, fourth, fifth, or sixth class county, as defined in Section 17-50-501; and
4521 (b) located outside of a standard metropolitan statistical area, as designated by the
4522 United States Bureau of the Census.
4523 (8) "Rural county nursing care facility" means a nursing care facility owned by:
4524 (a) a county that is:
4525 (i) a third, fourth, fifth, or sixth class county, as defined in Section 17-50-501; and
4526 (ii) located outside of a standard metropolitan statistical area, as designated by the
4527 United States Census Bureau; or
4528 (b) a special service district if the special service district is:
4529 (i) created for the purpose of operating the nursing care facility; and
4530 (ii) within a county that is:
4531 (A) a third, fourth, fifth, or sixth class county, as defined in Section 17-50-501; and
4532 (B) located outside of a standard metropolitan statistical area, as designated by the
4533 United States Census Bureau.
4534 (9) "Rural emergency medical services" means emergency medical services that are
4535 provided by a county that is:
4536 (a) a fifth or sixth class county, as defined in Section 17-50-501; and
4537 (b) located outside of a standard metropolitan statistical area, as designated by the
4538 United States Census Bureau.
4539 (10) "Rural health clinic" is as defined in 42 U.S.C. Sec. 1395x.
4540 Section 106. Section 62A-15-629 is amended to read:
4541 62A-15-629. Temporary commitment -- Requirements and procedures -- Rights.
4542 (1) An adult shall be temporarily, involuntarily committed to a local mental health
4543 authority upon:
4544 (a) a written application that:
4545 (i) is completed by a responsible individual who has reason to know, stating a belief
4546 that the adult, due to mental illness, is likely to pose substantial danger to self or others if not
4547 restrained and stating the personal knowledge of the adult's condition or circumstances that
4548 lead to the individual's belief; and
4549 (ii) includes a certification by a licensed physician, licensed physician assistant,
4550 licensed nurse practitioner, or designated examiner stating that the physician, physician
4551 assistant, nurse practitioner, or designated examiner has examined the adult within a three-day
4552 period immediately preceding the certification, and that the physician, physician assistant,
4553 nurse practitioner, or designated examiner is of the opinion that, due to mental illness, the adult
4554 poses a substantial danger to self or others; or
4555 (b) a peace officer or a mental health officer:
4556 (i) observing an adult's conduct that gives the peace officer or mental health officer
4557 probable cause to believe that:
4558 (A) the adult has a mental illness; and
4559 (B) because of the adult's mental illness and conduct, the adult poses a substantial
4560 danger to self or others; and
4561 (ii) completing a temporary commitment application that:
4562 (A) is on a form prescribed by the division;
4563 (B) states the peace officer's or mental health officer's belief that the adult poses a
4564 substantial danger to self or others;
4565 (C) states the specific nature of the danger;
4566 (D) provides a summary of the observations upon which the statement of danger is
4567 based; and
4568 (E) provides a statement of the facts that called the adult to the peace officer's or
4569 mental health officer's attention.
4570 (2) If at any time a patient committed under this section no longer meets the
4571 commitment criteria described in Subsection (1), the local mental health authority or the local
4572 mental health authority's designee shall document the change and release the patient.
4573 (3) (a) A patient committed under this section may be held for a maximum of 24 hours
4574 after commitment, excluding Saturdays, Sundays, and legal holidays, unless:
4575 (i) as described in Section 62A-15-631, an application for involuntary commitment is
4576 commenced, which may be accompanied by an order of detention described in Subsection
4577 62A-15-631(4);
4578 (ii) the patient makes a voluntary application for admission; or
4579 (iii) before expiration of the 24 hour period, a licensed physician, licensed physician
4580 assistant, licensed nurse practitioner, or designated examiner examines the patient and certifies
4581 in writing that:
4582 (A) the patient, due to mental illness, poses a substantial danger to self or others;
4583 (B) additional time is necessary for evaluation and treatment of the patient's mental
4584 illness; and
4585 (C) there is no appropriate less-restrictive alternative to commitment to evaluate and
4586 treat the patient's mental illness.
4587 (b) A patient described in Subsection (3)(a)(iii) may be held for a maximum of 48
4588 hours after the 24 hour period described in Subsection (3)(a) expires, excluding Saturdays,
4589 Sundays, and legal holidays.
4590 (c) Subsection (3)(a)(iii) applies to an adult patient.
4591 (4) Upon a written application described in Subsection (1)(a) or the observation and
4592 belief described in Subsection (1)(b)(i), the adult shall be:
4593 (a) taken into a peace officer's protective custody, by reasonable means, if necessary for
4594 public safety; and
4595 (b) transported for temporary commitment to a facility designated by the local mental
4596 health authority, by means of:
4597 (i) an ambulance, if the adult meets any of the criteria described in Section 26-8a-305;
4598 (ii) an ambulance, if a peace officer is not necessary for public safety, and
4599 transportation arrangements are made by a physician, physician assistant, nurse practitioner,
4600 designated examiner, or mental health officer;
4601 (iii) the city, town, or municipal law enforcement authority with jurisdiction over the
4602 location where the adult is present, if the adult is not transported by ambulance;
4603 (iv) the county sheriff, if the designated facility is outside of the jurisdiction of the law
4604 enforcement authority described in Subsection (4)(b)(iii) and the adult is not transported by
4605 ambulance; or
4606 (v) nonemergency secured behavioral health transport as that term is defined in Section
4607 [
4608 (5) Notwithstanding Subsection (4):
4609 (a) an individual shall be transported by ambulance to an appropriate medical facility
4610 for treatment if the individual requires physical medical attention;
4611 (b) if an officer has probable cause to believe, based on the officer's experience and
4612 de-escalation training that taking an individual into protective custody or transporting an
4613 individual for temporary commitment would increase the risk of substantial danger to the
4614 individual or others, a peace officer may exercise discretion to not take the individual into
4615 custody or transport the individual, as permitted by policies and procedures established by the
4616 officer's law enforcement agency and any applicable federal or state statute, or case law; and
4617 (c) if an officer exercises discretion under Subsection (4)(b) to not take an individual
4618 into protective custody or transport an individual, the officer shall document in the officer's
4619 report the details and circumstances that led to the officer's decision.
4620 (6) (a) The local mental health authority shall inform an adult patient committed under
4621 this section of the reason for commitment.
4622 (b) An adult patient committed under this section has the right to:
4623 (i) within three hours after arrival at the local mental health authority, make a
4624 telephone call, at the expense of the local mental health authority, to an individual of the
4625 patient's choice; and
4626 (ii) see and communicate with an attorney.
4627 (7) (a) Title 63G, Chapter 7, Governmental Immunity Act of Utah, applies to this
4628 section.
4629 (b) This section does not create a special duty of care.
4630 Section 107. Section 62A-15-1401 is amended to read:
4631 62A-15-1401. Definitions.
4632 As used in this part:
4633 (1) "Commission" means the Behavioral Health Crisis Response Commission created
4634 in Section 63C-18-202.
4635 (2) "Emergency medical service personnel" means the same as that term is defined in
4636 Section [
4637 (3) "Emergency medical services" means the same as that term is defined in Section
4638 [
4639 (4) "MCOT certification" means the certification created in this part for MCOT
4640 personnel and mental health crisis outreach services.
4641 (5) "MCOT personnel" means a licensed mental health therapist or other mental health
4642 professional, as determined by the division, who is a part of a mobile crisis outreach team.
4643 (6) "Mental health crisis" means a mental health condition that manifests itself by
4644 symptoms of sufficient severity that a prudent layperson who possesses an average knowledge
4645 of mental health issues could reasonably expect the absence of immediate attention or
4646 intervention to result in:
4647 (a) serious jeopardy to the individual's health or well-being; or
4648 (b) a danger to others.
4649 (7) (a) "Mental health crisis services" means mental health services and on-site
4650 intervention that a person renders to an individual suffering from a mental health crisis.
4651 (b) "Mental health crisis services" includes the provision of safety and care plans,
4652 stabilization services offered for a minimum of 60 days, and referrals to other community
4653 resources.
4654 (8) "Mental health therapist" means the same as that term is defined in Section
4655 58-60-102.
4656 (9) "Mobile crisis outreach team" or "MCOT" means a mobile team of medical and
4657 mental health professionals that provides mental health crisis services and, based on the
4658 individual circumstances of each case, coordinates with local law enforcement, emergency
4659 medical service personnel, and other appropriate state or local resources.
4660 Section 108. Section 63I-1-226 is amended to read:
4661 63I-1-226. Repeal dates: Title 26 through 26B.
4662 (1) Section 26-1-7.5, which creates the Utah Health Advisory Council, is repealed July
4663 1, 2025.
4664 [
4665 [
4666 [
4667 [
4668 [
4669 2028.
4670 [
4671 [
4672 [
4673 July 1, 2025.
4674 [
4675 Committee, is repealed July 1, 2026.
4676 [
4677 repealed July 1, 2025.
4678 [
4679
4680 [
4681 hygienists, is repealed July 1, 2028.
4682 [
4683 [
4684 [
4685 July 1, 2027.
4686 [
4687 Health Crisis Response Commission created in Section 63C-18-202" is repealed July 1, 2023.
4688 [
4689 [
4690 2024.
4691 [
4692 1, 2024.
4693 [
4694 repealed July 1, 2024.
4695 [
4696 1, 2024.
4697 [
4698 Advisory Committee, is repealed July 1, 2024.
4699 [
4700 July 1, 2027.
4701 [
4702 Program Advisory Council, is repealed July 1, 2025.
4703 [
4704 Committee, is repealed July 1, 2025.
4705 [
4706 Pediatric Neuro-Rehabilitation Fund, is repealed January 1, 2025.
4707 [
4708 July 1, 2026.
4709 [
4710 1, 2024.
4711 [
4712 [
4713 Child Care Licensing Advisory Committee, is repealed July 1, 2024.
4714 [
4715 Grant Committee, is repealed July 1, 2025.
4716 Section 109. Section 63I-1-253 is amended to read:
4717 63I-1-253. Repeal dates: Titles 53 through 53G.
4718 (1) Section 53-2a-105, which creates the Emergency Management Administration
4719 Council, is repealed July 1, 2027.
4720 (2) Sections 53-2a-1103 and 53-2a-1104, which create the Search and Rescue Advisory
4721 Board, are repealed July 1, 2027.
4722 (3) Section 53-2d-703 is repealed July 1, 2027
4723 [
4724 repealed July 1, 2023.
4725 [
4726 is repealed July 1, 2024.
4727 [
4728 System of Higher Education is repealed July 1, 2027.
4729 [
4730 [
4731 Commission, is repealed January 1, 2025.
4732 [
4733 [
4734 money from the Land Exchange Distribution Account to the Geological Survey for test wells
4735 and other hydrologic studies in the West Desert, is repealed July 1, 2030.
4736 [
4737 councils for youth in custody, are repealed July 1, 2027.
4738 [
4739 (a) in Subsection 53E-4-202(8), the language "by a standards review committee and the
4740 recommendations of a standards review committee established under Section 53E-4-203" is
4741 repealed; and
4742 (b) Section 53E-4-203 is repealed.
4743 [
4744 Commission, is repealed July 1, 2027.
4745 [
4746 Commission, is repealed July 1, 2023.
4747 [
4748 Pilot Program, is repealed July 1, 2024.
4749 [
4750 [
4751 [
4752 repealed July 1, 2025.
4753 [
4754 repealed July 1, 2025.
4755 [
4756 Civics Education Pilot Program, is repealed on July 1, 2025.
4757 [
4758 Account Committee, is repealed July 1, 2024.
4759 [
4760 Commission, are repealed January 1, 2025.
4761 [
4762 C misdemeanor, is repealed July 1, 2027.
4763 [
4764 2027.
4765 [
4766 July 1, 2027.
4767 Section 110. Section 63I-2-226 is amended to read:
4768 63I-2-226. Repeal dates: Titles 26 through 26B.
4769 [
4770
4771 [
4772 [
4773 [
4774 [
4775
4776
4777
4778
4779
4780
4781
4782
4783 [
4784 [
4785 improvement program, is repealed January 1, 2023.
4786 [
4787 fertilization and genetic testing, is repealed July 1, 2030.
4788 [
4789 26-21-32(1)(a) is amended to read:
4790 "(a) provide the patient or the patient's representative with the following information
4791 before contacting an air medical transport provider:
4792 (i) which health insurers in the state the air medical transport provider contracts with;
4793 (ii) if sufficient data is available, the average charge for air medical transport services
4794 for a patient who is uninsured or out of network; and
4795 (iii) whether the air medical transport provider balance bills a patient for any charge not
4796 paid by the patient's health insurer; and".
4797 [
4798 [
4799 Program, is repealed July 1, 2027.
4800 [
4801 [
4802 [
4803
4804 Section 111. Section 63I-2-253 is amended to read:
4805 63I-2-253. Repeal dates: Titles 53 through 53G.
4806 (1) Subsection 53-1-104(1)(g), regarding the Air Ambulance Committee, is repealed
4807 July 1, 2024.
4808 (2) Section 53-2d-107, regarding the Air Ambulance Committee, is repealed July 1,
4809 2024.
4810 (3) In relation to the Air Ambulance Committee, on July 1, 2024, Subsection
4811 53-2d-702(1)(a) is amended to read:
4812 (a) provide the patient or the patient's representative with the following information
4813 before contacting an air medical transport provider:
4814 (i) which health insurers in the state the air medical transport provider contracts with;
4815 (ii) if sufficient data is available, the average charge for air medical transport services
4816 for a patient who is uninsured or out of network; and
4817 (iii) whether the air medical transport provider balance bills a patient for any charge
4818 not paid by the patient's health insurer; and".
4819 (4) (a) Subsection 53B-2a-108(5), regarding exceptions to the composition of a
4820 technical college board of trustees, is repealed July 1, 2022.
4821 (b) When repealing Subsection 53B-2a-108(5), the Office of Legislative Research and
4822 General Counsel shall, in addition to its authority under Subsection 36-12-12(3), make
4823 necessary changes to subsection numbering and cross references.
4824 [
4825 [
4826 repealed July 1, 2023.
4827 [
4828 [
4829 repealed on July 1, 2023:
4830 (a) in Subsection 53B-8-105(12), the language that states, "or any scholarship
4831 established under Sections 53B-8-202 through 53B-8-205";
4832 (b) Section 53B-8-202;
4833 (c) Section 53B-8-203;
4834 (d) Section 53B-8-204; and
4835 (e) Section 53B-8-205.
4836 [
4837 [
4838 repealed July 1, 2023.
4839 [
4840 Interpretation and Translation Services Procurement Advisory Council is repealed July 1, 2024.
4841 [
4842 Subcommittee evaluation and recommendations, is repealed January 1, 2024.
4843 [
4844 July 1, 2024.
4845 [
4846 Education's duties if contributions from the minimum basic tax rate are overestimated or
4847 underestimated, the language that states "or 53F-2-301.5, as applicable" is repealed July 1,
4848 2023.
4849 [
4850 is repealed July 1, 2024.
4851 [
4852 repealed July 1, 2023.
4853 [
4854 Program, is repealed July 1, 2023.
4855 [
4856 at-risk WPU add-on funding and previous at-risk funding, is repealed January 1, 2024.
4857 [
4858 is repealed July 1, 2024.
4859 [
4860 applicable" is repealed July 1, 2023.
4861 [
4862
4863 [
4864
4865 [
4866 (21) In Subsection 53F-9-302(3), the language that states "or 53F-2-301.5, as
4867 applicable" is repealed July 1, 2023.
4868 (22) In Subsection 53F-9-305(3)(a), the language that states "or 53F-2-301.5, as
4869 applicable" is repealed July 1, 2023.
4870 (23) In Subsection 53F-9-306(3)(a), the language that states "or 53F-2-301.5, as
4871 applicable" is repealed July 1, 2023.
4872 (24) In Subsection 53G-3-304(1)(c)(i), the language that states "or 53F-2-301.5, as
4873 applicable" is repealed July 1, 2023.
4874 (25) On July 1, 2023, when making changes in this section, the Office of Legislative
4875 Research and General Counsel shall, in addition to the office's authority under Subsection
4876 36-12-12(3), make corrections necessary to ensure that sections and subsections identified in
4877 this section are complete sentences and accurately reflect the office's perception of the
4878 Legislature's intent.
4879 Section 112. Section 63J-1-602.2 is amended to read:
4880 63J-1-602.2. List of nonlapsing appropriations to programs.
4881 Appropriations made to the following programs are nonlapsing:
4882 (1) The Legislature and the Legislature's committees.
4883 (2) The State Board of Education, including all appropriations to agencies, line items,
4884 and programs under the jurisdiction of the State Board of Education, in accordance with
4885 Section 53F-9-103.
4886 (3) The Percent-for-Art Program created in Section 9-6-404.
4887 (4) The LeRay McAllister Critical Land Conservation Program created in Section
4888 4-46-301.
4889 (5) The Utah Lake Authority created in Section 11-65-201.
4890 (6) Dedicated credits accrued to the Utah Marriage Commission as provided under
4891 Subsection 17-16-21(2)(d)(ii).
4892 (7) The Division of Wildlife Resources for the appraisal and purchase of lands under
4893 the Pelican Management Act, as provided in Section 23-21a-6.
4894 [
4895 [
4896 [
4897 Subsection 26-18-3(7).
4898 [
4899 Section 26-46-102.
4900 [
4901 26-46a-103.
4902 [
4903 [
4904 (a) administration of the Utah Medical Education Program created in Section
4905 26-69-403;
4906 (b) provision of medical residency grants described in Section 26-69-407; and
4907 (c) provision of the forensic psychiatric fellowship grant described in Section
4908 26-69-408.
4909 [
4910 accordance with Subsection 32B-2-301(8)(a) or (b).
4911 [
4912 Workforce Services, as provided in Section 35A-3-401.
4913 [
4914 [
4915 (a) purchase and distribution of license plates and decals; and
4916 (b) administration and enforcement of motor vehicle registration requirements.
4917 [
4918 Section 53-2a-1102.
4919 (19) The Emergency Medical Services Grant Program in Section 53-2d-207.
4920 (20) The Motorcycle Rider Education Program, as provided in Section 53-3-905.
4921 (21) The Utah Board of Higher Education for teacher preparation programs, as
4922 provided in Section 53B-6-104.
4923 (22) Innovation grants under Section 53G-10-608, except as provided in Subsection
4924 53G-10-608(6).
4925 (23) The Division of Services for People with Disabilities, as provided in Section
4926 62A-5-102.
4927 (24) The Division of Fleet Operations for the purpose of upgrading underground
4928 storage tanks under Section 63A-9-401.
4929 (25) The Utah Seismic Safety Commission, as provided in Section 63C-6-104.
4930 (26) The Division of Technology Services for technology innovation as provided under
4931 Section 63A-16-903.
4932 (27) The Office of Administrative Rules for publishing, as provided in Section
4933 63G-3-402.
4934 (28) The Colorado River Authority of Utah, created in Title 63M, Chapter 14,
4935 Colorado River Authority of Utah Act.
4936 (29) The Governor's Office of Economic Opportunity to fund the Enterprise Zone Act,
4937 as provided in Title 63N, Chapter 2, Part 2, Enterprise Zone Act.
4938 (30) The Governor's Office of Economic Opportunity's Rural Employment Expansion
4939 Program, as described in Title 63N, Chapter 4, Part 4, Rural Employment Expansion Program.
4940 (31) Programs for the Jordan River Recreation Area as described in Section 65A-2-8.
4941 (32) The Division of Human Resource Management user training program, as provided
4942 in Section 63A-17-106.
4943 (33) A public safety answering point's emergency telecommunications service fund, as
4944 provided in Section 69-2-301.
4945 (34) The Traffic Noise Abatement Program created in Section 72-6-112.
4946 (35) The money appropriated from the Navajo Water Rights Negotiation Account to
4947 the Division of Water Rights, created in Section 73-2-1.1, for purposes of participating in a
4948 settlement of federal reserved water right claims.
4949 (36) The Judicial Council for compensation for special prosecutors, as provided in
4950 Section 77-10a-19.
4951 (37) A state rehabilitative employment program, as provided in Section 78A-6-210.
4952 (38) The Utah Geological Survey, as provided in Section 79-3-401.
4953 (39) The Bonneville Shoreline Trail Program created under Section 79-5-503.
4954 (40) Adoption document access as provided in Sections 78B-6-141, 78B-6-144, and
4955 78B-6-144.5.
4956 (41) Indigent defense as provided in Title 78B, Chapter 22, Part 4, Utah Indigent
4957 Defense Commission.
4958 (42) The program established by the Division of Facilities Construction and
4959 Management under Section 63A-5b-703 under which state agencies receive an appropriation
4960 and pay lease payments for the use and occupancy of buildings owned by the Division of
4961 Facilities Construction and Management.
4962 (43) The State Tax Commission for reimbursing counties for deferred property taxes in
4963 accordance with Section 59-2-1802.
4964 Section 113. Section 63M-7-209 is amended to read:
4965 63M-7-209. Trauma-informed justice program.
4966 (1) As used in this section:
4967 (a) "Committee" means the Multi-Disciplinary Trauma-Informed Committee created
4968 under Subsection (2).
4969 (b) "First responder" includes:
4970 (i) a law enforcement officer, as defined in Section 53-13-103;
4971 (ii) emergency medical service personnel, as defined in Section [
4972 53-2d-101; and
4973 (iii) a firefighter.
4974 (c) "Trauma-informed" means a policy, procedure, program, or practice that
4975 demonstrates an ability to minimize retraumatization associated with the criminal and juvenile
4976 justice system.
4977 (d) "Victim" means the same as that term is defined in Section 77-37-2.
4978 (2) (a) The commission shall create a committee known as the Multi-Disciplinary
4979 Trauma-Informed Committee to assist the commission in meeting the requirements of this
4980 section. The commission shall provide for the membership, terms, and quorum requirements of
4981 the committee, except that:
4982 (i) at least one member of the committee shall be a victim;
4983 (ii) the executive director of the Department of Health or the executive director's
4984 designee shall be on the committee;
4985 (iii) the executive director of the Department of Human Services or the executive
4986 director's designee shall be on the committee; and
4987 (iv) the commission shall terminate the committee on June 30, 2020.
4988 (b) The commission shall use the Utah Office for Victims of Crime, the Utah Office on
4989 Domestic and Sexual Violence, and the Utah Council on Victims of Crime in meeting the
4990 requirements of this section.
4991 (3) (a) The committee shall work with statewide coalitions, children's justice centers,
4992 and other stakeholders to complete, by no later than September 1, 2019, a review of current and
4993 recommended trauma-informed policies, procedures, programs, or practices in the state's
4994 criminal and juvenile justice system, including:
4995 (i) reviewing the role of victim advocates and victim services in the criminal and
4996 juvenile justice system and:
4997 (A) how to implement the option of a comprehensive, seamless victim advocate system
4998 that is based on the best interests of victims and assists a victim throughout the criminal and
4999 juvenile justice system or a victim's process of recovering from the trauma the victim
5000 experienced as a result of being a victim of crime; and
5001 (B) recommending what minimum qualifications a victim advocate must meet,
5002 including recommending trauma-informed training or trauma-informed continuing education
5003 hours;
5004 (ii) reviewing of best practice standards and protocols, including recommending
5005 adoption or creation of trauma-informed interview protocols, that may be used to train persons
5006 within the criminal and juvenile justice system concerning trauma-informed policies,
5007 procedures, programs, or practices, including training of:
5008 (A) peace officers that is consistent with the training developed under Section
5009 53-10-908;
5010 (B) first responders;
5011 (C) prosecutors;
5012 (D) defense counsel;
5013 (E) judges and other court personnel;
5014 (F) the Board of Pardons and Parole and its personnel;
5015 (G) the Department of Corrections, including Adult Probation and Parole; and
5016 (H) others involved in the state's criminal and juvenile justice system;
5017 (iii) recommending outcome based metrics to measure achievement related to
5018 trauma-informed policies, procedures, programs, or practices in the criminal and juvenile
5019 justice system;
5020 (iv) recommending minimum qualifications and continuing education of individuals
5021 providing training, consultation, or administrative supervisory consultation within the criminal
5022 and juvenile justice system regarding trauma-informed policies, procedures, programs, or
5023 practices;
5024 (v) identifying needs that are not funded or that would benefit from additional
5025 resources;
5026 (vi) identifying funding sources, including outlining the restrictions on the funding
5027 sources, that may fund trauma-informed policies, procedures, programs, or practices;
5028 (vii) reviewing which governmental entities should have the authority to implement
5029 recommendations of the committee; and
5030 (viii) reviewing the need, if any, for legislation or appropriations to meet budget needs.
5031 (b) Whenever the commission conducts a related survey, the commission, when
5032 possible, shall include how victims and their family members interact with Utah's criminal and
5033 juvenile justice system, including whether the victims and family members are treated with
5034 trauma-informed policies, procedures, programs, or practices throughout the criminal and
5035 juvenile justice system.
5036 (4) The commission shall establish and administer a performance incentive grant
5037 program that allocates money appropriated by the Legislature to public or private entities:
5038 (a) to provide advocacy and related service for victims in connection with the Board of
5039 Pardons and Parole process; and
5040 (b) that have demonstrated experience and competency in the best practices and
5041 standards of trauma-informed care.
5042 (5) The commission shall report to the Judiciary Interim Committee, at the request of
5043 the Judiciary Interim Committee, and the Law Enforcement and Criminal Justice Interim
5044 Committee by no later than the September 2019 interim regarding the grant under Subsection
5045 (4), the committee's activities under this section, and whether the committee should be
5046 extended beyond June 30, 2020.
5047 Section 114. Section 67-20-2 is amended to read:
5048 67-20-2. Definitions.
5049 As used in this chapter:
5050 (1) "Agency" means:
5051 (a) a department, institution, office, college, university, authority, division, board,
5052 bureau, commission, council, or other agency of the state;
5053 (b) a county, city, town, school district, or special improvement or taxing district; or
5054 (c) any other political subdivision.
5055 (2) "Compensatory service worker" means a person who performs a public service with
5056 or without compensation for an agency as a condition or part of the person's:
5057 (a) incarceration;
5058 (b) plea;
5059 (c) sentence;
5060 (d) diversion;
5061 (e) probation; or
5062 (f) parole.
5063 (3) "Emergency medical service volunteer" means an individual who:
5064 (a) provides services as a volunteer under the supervision of a supervising agency or
5065 government officer; and
5066 (b) at the time the individual provides the services described in Subsection (3)(a), is:
5067 (i) an emergency medical technician volunteer, a paramedic volunteer, an ambulance
5068 volunteer, a volunteer firefighter, or another volunteer provider of emergency medical services;
5069 and
5070 (ii) acting in the capacity of a volunteer described in Subsection (3)(b)(i).
5071 (4) "IRS aggregate amount" means the fixed or determinable income aggregate amount
5072 described in 26 C.F.R. Sec. 1.6041-1(a)(1)(i)(A).
5073 (5) (a) "Volunteer" means an individual who donates service without pay or other
5074 compensation except the following, as approved by the supervising agency:
5075 (i) expenses actually and reasonably incurred;
5076 (ii) a stipend for future higher education expenses, awarded from the National Service
5077 Trust under 45 C.F.R. Secs. 2526.10 and 2527.10;
5078 (iii) a stipend, below the IRS aggregate amount, for:
5079 (A) emergency volunteers, including emergency medical service volunteers, volunteer
5080 safety officers, and volunteer search and rescue team members; or
5081 (B) non-emergency volunteers, including senior program volunteers and community
5082 event volunteers;
5083 (iv) (A) health benefits provided through the supervising agency; or
5084 (B) for a volunteer who participates in the Volunteer Emergency Medical Service
5085 Personnel Health Insurance Program described in Section [
5086 insurance provided through the program.
5087 (v) passthrough stipends or other compensation provided to volunteers through a
5088 federal or state program, including Americorp Seniors volunteers, consistent with 42 U.S.C.
5089 Sec. 5058;
5090 (vi) stipends or other compensation, below the IRS aggregate amount, provided to
5091 volunteers from any person;
5092 (vii) uniforms, identification, personal protective equipment, or safety equipment used
5093 by a volunteer only while volunteering for the supervising entity;
5094 (viii) a nonpecuniary item not exceeding $50 in value;
5095 (ix) nonpecuniary items, below the IRS aggregate amount, donated to the supervising
5096 agency with the express intent of benefitting a volunteer; or
5097 (x) meals or gifts, not exceeding $50 in value, provided as part of a volunteers
5098 appreciation event by the volunteering agency.
5099 (b) "Volunteer" does not include:
5100 (i) a person participating in human subjects research to the extent that the participation
5101 is governed by federal law or regulation inconsistent with this chapter; or
5102 (ii) a compensatory service worker.
5103 (c) "Volunteer" includes a juror or potential juror appearing in response to a summons
5104 for a trial jury or grand jury.
5105 (6) "Volunteer facilitator" means a business or nonprofit organization that, from
5106 individuals who have a relationship with the business or nonprofit organization, such as
5107 membership or employment, provides volunteers to an agency or facilitates volunteers
5108 volunteering with an agency.
5109 (7) "Volunteer safety officer" means an individual who:
5110 (a) provides services as a volunteer under the supervision of an agency; and
5111 (b) at the time the individual provides the services to the supervising agency described
5112 in Subsection (7)(a), the individual is:
5113 (i) exercising peace officer authority as provided in Section 53-13-102; or
5114 (ii) if the supervising agency described in Subsection (7)(a) is a fire department:
5115 (A) on the rolls of the supervising agency as a firefighter;
5116 (B) not regularly employed as a firefighter by the supervising agency; and
5117 (C) acting in a capacity that includes the responsibility for the extinguishment of fire.
5118 (8) "Volunteer search and rescue team member" means an individual who:
5119 (a) provides services as a volunteer under the supervision of a county sheriff; and
5120 (b) at the time the individual provides the services to the county sheriff described in
5121 Subsection (8)(a), is:
5122 (i) certified as a member of the county sheriff's search and rescue team; and
5123 (ii) acting in the capacity of a member of the search and rescue team of the supervising
5124 county sheriff.
5125 Section 115. Section 72-10-502 is amended to read:
5126 72-10-502. Implied consent to chemical tests for alcohol or drugs -- Number of
5127 tests -- Refusal -- Person incapable of refusal -- Results of test available -- Who may give
5128 test -- Evidence -- Immunity from liability.
5129 (1) (a) A person operating an aircraft in this state consents to a chemical test or tests of
5130 the person's breath, blood, urine, or oral fluids:
5131 (i) for the purpose of determining whether the person was operating or in actual
5132 physical control of an aircraft while having a blood or breath alcohol content statutorily
5133 prohibited under Section 72-10-501, or while under the influence of alcohol, any drug, or
5134 combination of alcohol and any drug under Section 72-10-501, if the test is or tests are
5135 administered at the direction of a peace officer having grounds to believe that person to have
5136 been operating or in actual physical control of an aircraft in violation of Section 72-10-501; or
5137 (ii) if the person operating the aircraft is involved in an accident that results in death,
5138 serious injury, or substantial aircraft damage.
5139 (b) (i) The peace officer determines which of the tests are administered and how many
5140 of them are administered.
5141 (ii) The peace officer may order any or all tests of the person's breath, blood, urine, or
5142 oral fluids.
5143 (iii) If an officer requests more than one test, refusal by a person to take one or more
5144 requested tests, even though the person does submit to any other requested test or tests, is a
5145 refusal under this section.
5146 (c) (i) A person who has been requested under this section to submit to a chemical test
5147 or tests of the person's breath, blood, urine, or oral fluids may not select the test or tests to be
5148 administered.
5149 (ii) The failure or inability of a peace officer to arrange for any specific chemical test is
5150 not a defense to taking a test requested by a peace officer, and it is not a defense in any
5151 criminal, civil, or administrative proceeding resulting from a person's refusal to submit to the
5152 requested test or tests.
5153 (2) (a) If the person has been placed under arrest and has then been requested by a
5154 peace officer to submit to any one or more of the chemical tests provided in Subsection (1) and
5155 refuses to submit to any chemical test, the person shall be warned by the peace officer
5156 requesting the test that a refusal to submit to the test is admissible in civil or criminal
5157 proceedings as provided under Subsection (8).
5158 (b) Following this warning, unless the person immediately requests that the chemical
5159 test offered by a peace officer be administered, a test may not be given.
5160 (3) A person who is dead, unconscious, or in any other condition rendering the person
5161 incapable of refusal to submit to any chemical test or tests is considered to not have withdrawn
5162 the consent provided for in Subsection (1), and the test or tests may be administered whether
5163 the person has been arrested or not.
5164 (4) Upon the request of the person who was tested, the results of the test or tests shall
5165 be made available to that person.
5166 (5) (a) Only the following, acting at the request of a peace officer, may draw blood to
5167 determine its alcohol or drug content:
5168 (i) a physician;
5169 (ii) a registered nurse;
5170 (iii) a licensed practical nurse;
5171 (iv) a paramedic;
5172 (v) as provided in Subsection (5)(b), emergency medical service personnel other than
5173 paramedics; or
5174 (vi) a person with a valid permit issued by the Department of Health and Human
5175 Services under Section [
5176 (b) The Department of Health and Human Services may designate by rule, in
5177 accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, which emergency
5178 medical service personnel, as defined in Section [
5179 blood under Subsection (5)(a)(v), based on the type of license under Section [
5180 53-2d-40.
5181 (c) Subsection (5)(a) does not apply to taking a urine, breath, or oral fluid specimen.
5182 (d) The following are immune from civil or criminal liability arising from drawing a
5183 blood sample from a person who a peace officer has reason to believe is flying in violation of
5184 this chapter if the sample is drawn in accordance with standard medical practice:
5185 (i) a person authorized to draw blood under Subsection (5)(a); and
5186 (ii) if the blood is drawn at a hospital or other medical facility, the medical facility.
5187 (6) (a) The person to be tested may, at the person's own expense, have a physician of
5188 the person's own choice administer a chemical test in addition to the test or tests administered
5189 at the direction of a peace officer.
5190 (b) The failure or inability to obtain the additional test does not affect admissibility of
5191 the results of the test or tests taken at the direction of a peace officer, or preclude or delay the
5192 test or tests to be taken at the direction of a peace officer.
5193 (c) The additional test shall be subsequent to the test or tests administered at the
5194 direction of a peace officer.
5195 (7) For the purpose of determining whether to submit to a chemical test or tests, the
5196 person to be tested does not have the right to consult an attorney or have an attorney, physician,
5197 or other person present as a condition for the taking of any test.
5198 (8) If a person under arrest refuses to submit to a chemical test or tests or any
5199 additional test under this section, evidence of any refusal is admissible in any civil or criminal
5200 action or proceeding arising out of acts alleged to have been committed while the person was
5201 operating or in actual physical control of an aircraft while under the influence of alcohol, any
5202 drug, or combination of alcohol and any drug.
5203 (9) The results of any test taken under this section or the refusal to be tested shall be
5204 reported to the Federal Aviation Administration by the peace officer requesting the test.
5205 (10) Notwithstanding the provisions of this section, a blood test taken under this
5206 section is subject to Section 77-23-213.
5207 Section 116. Section 76-3-203.11 is amended to read:
5208 76-3-203.11. Reporting an overdose -- Mitigating factor.
5209 It is a mitigating factor in sentencing for an offense under Title 58, Chapter 37, Utah
5210 Controlled Substances Act, that the person or bystander:
5211 (1) reasonably believes that the person or another person is experiencing an overdose
5212 event due to the ingestion, injection, inhalation, or other introduction into the human body of a
5213 controlled substance or other substance;
5214 (2) reports, or assists a person who reports, in good faith the overdose event to a
5215 medical provider, an emergency medical service provider as defined in Section [
5216 53-2d-101, a law enforcement officer, a 911 emergency call system, or an emergency dispatch
5217 system, or the person is the subject of a report made under this section;
5218 (3) provides in the report under Subsection (2) a functional description of the location
5219 of the actual overdose event that facilitates responding to the person experiencing the overdose
5220 event;
5221 (4) remains at the location of the person experiencing the overdose event until a
5222 responding law enforcement officer or emergency medical service provider arrives, or remains
5223 at the medical care facility where the person experiencing an overdose event is located until a
5224 responding law enforcement officer arrives;
5225 (5) cooperates with the responding medical provider, emergency medical service
5226 provider, and law enforcement officer, including providing information regarding the person
5227 experiencing the overdose event and any substances the person may have injected, inhaled, or
5228 otherwise introduced into the person's body; and
5229 (6) committed the offense in the same course of events from which the reported
5230 overdose arose.
5231 Section 117. Section 76-5-102.7 is amended to read:
5232 76-5-102.7. Assault or threat of violence against health care provider, emergency
5233 medical service worker, or health facility employee, owner, or contractor -- Penalty.
5234 (1) (a) As used in this section:
5235 (i) "Assault" means an offense under Section 76-5-102.
5236 (ii) "Emergency medical service worker" means an individual licensed under Section
5237 [
5238 (iii) "Health care provider" means the same as that term is defined in Section
5239 78B-3-403.
5240 (iv) "Health facility" means:
5241 (A) a health care facility as defined in Section 26-21-2; and
5242 (B) the office of a private health care provider, whether for individual or group
5243 practice.
5244 (v) "Health facility employee" means an employee, owner, or contractor of a health
5245 facility.
5246 (vi) "Threat of violence" means an offense under Section 76-5-107.
5247 (b) Terms defined in Section 76-1-101.5 apply to this section.
5248 (2) (a) An actor commits assault or threat of violence against a health care provider or
5249 emergency medical service worker if:
5250 (i) the actor is not a prisoner or a detained individual;
5251 (ii) the actor commits an assault or threat of violence;
5252 (iii) the actor knew that the victim was a health care provider or emergency medical
5253 service worker; and
5254 (iv) the health care provider or emergency medical service worker was performing
5255 emergency or life saving duties within the scope of his or her authority at the time of the assault
5256 or threat of violence.
5257 (b) An actor commits assault or threat of violence against a health facility employee if:
5258 (i) the actor is not a prisoner or a detained individual;
5259 (ii) the actor commits an assault or threat of violence;
5260 (iii) the actor knew that the victim was a health facility employee; and
5261 (iv) the health facility employee was acting within the scope of the health facility
5262 employee's duties for the health facility.
5263 (3) (a) A violation of Subsection (2) is a class A misdemeanor.
5264 (b) Notwithstanding Subsection (3)(a), a violation of Subsection (2) is a third degree
5265 felony if the actor:
5266 (i) causes substantial bodily injury; and
5267 (ii) acts intentionally or knowingly.
5268 Section 118. Section 77-23-213 is amended to read:
5269 77-23-213. Blood testing.
5270 (1) As used in this section:
5271 (a) "Law enforcement purpose" means duties that consist primarily of the prevention
5272 and detection of crime and the enforcement of criminal statutes or ordinances of this state or
5273 any of this state's political subdivisions.
5274 (b) "Peace officer" means those persons specified in Title 53, Chapter 13, Peace
5275 Officer Classifications.
5276 (2) A peace officer may require an individual to submit to a blood test for a law
5277 enforcement purpose only if:
5278 (a) the individual or legal representative of the individual with authority to give
5279 consent gives oral or written consent to the blood test;
5280 (b) the peace officer obtains a warrant to administer the blood test; or
5281 (c) a judicially recognized exception to obtaining a warrant exists as established by the
5282 Utah Court of Appeals, Utah Supreme Court, Court of Appeals of the Tenth Circuit, or the
5283 Supreme Court of the United States.
5284 (3) (a) Only the following, acting at the request of a peace officer, may draw blood to
5285 determine the blood's alcohol or drug content:
5286 (i) a physician;
5287 (ii) a physician assistant;
5288 (iii) a registered nurse;
5289 (iv) a licensed practical nurse;
5290 (v) a paramedic;
5291 (vi) as provided in Subsection (3)(b), emergency medical service personnel other than a
5292 paramedic; or
5293 (vii) a person with a valid permit issued by the Department of Health and Human
5294 Services under Section 26-1-30.
5295 (b) The Department of Health and Human Services may designate by rule, in
5296 accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, which emergency
5297 medical service personnel, as defined in Section [
5298 blood under Subsection (3)(a)(vi), based on the type of license under Section [
5299 53-2d-402.
5300 (c) The following are immune from civil or criminal liability arising from drawing a
5301 blood sample from a person who a peace officer requests, for law enforcement purposes, if the
5302 sample is drawn in accordance with standard medical practice:
5303 (i) a person authorized to draw blood under Subsection (3)(a); and
5304 (ii) if the blood is drawn at a hospital or other medical facility, the medical facility.
5305 Section 119. Section 78A-6-209 is amended to read:
5306 78A-6-209. Court records -- Inspection.
5307 (1) The juvenile court and the juvenile court's probation department shall keep records
5308 as required by the board and the presiding judge.
5309 (2) A court record shall be open to inspection by:
5310 (a) the parents or guardian of a child, a minor who is at least 18 years old, other parties
5311 in the case, the attorneys, and agencies to which custody of a minor has been transferred;
5312 (b) for information relating to adult offenders alleged to have committed a sexual
5313 offense, a felony or class A misdemeanor drug offense, or an offense against the person under
5314 Title 76, Chapter 5, Offenses Against the Individual, the State Board of Education for the
5315 purpose of evaluating whether an individual should be permitted to obtain or retain a license as
5316 an educator or serve as an employee or volunteer in a school, with the understanding that the
5317 State Board of Education must provide the individual with an opportunity to respond to any
5318 information gathered from the State Board of Education's inspection of the records before the
5319 State Board of Education makes a decision concerning licensure or employment;
5320 (c) the Criminal Investigations and Technical Services Division, established in Section
5321 53-10-103, for the purpose of a criminal history background check for the purchase of a firearm
5322 and establishing good character for issuance of a concealed firearm permit as provided in
5323 Section 53-5-704;
5324 (d) the Division of Child and Family Services for the purpose of Child Protective
5325 Services Investigations in accordance with Sections 80-2-602 and 80-2-701 and administrative
5326 hearings in accordance with Section 80-2-707;
5327 (e) the Office of Licensing for the purpose of conducting a background check in
5328 accordance with Section 62A-2-120;
5329 (f) for information related to a minor who has committed a sexual offense, a felony, or
5330 an offense that if committed by an adult would be a misdemeanor, the Department of Health
5331 for the purpose of evaluating under the provisions of Subsection 26-39-404(3) whether a
5332 licensee should be permitted to obtain or retain a license to provide child care, with the
5333 understanding that the department must provide the individual who committed the offense with
5334 an opportunity to respond to any information gathered from the Department of Health's
5335 inspection of records before the Department of Health makes a decision concerning licensure;
5336 (g) for information related to a minor who has committed a sexual offense, a felony, or
5337 an offense that if committed by an adult would be a misdemeanor, the Department of Health to
5338 determine whether an individual meets the background screening requirements of Title 26,
5339 Chapter 21, Part 2, Clearance for Direct Patient Access, with the understanding that the
5340 department must provide the individual who committed the offense an opportunity to respond
5341 to any information gathered from the Department of Health's inspection of records before the
5342 Department of Health makes a decision under that part; and
5343 (h) for information related to a minor who has committed a sexual offense, a felony, or
5344 an offense that if committed by an adult would be a misdemeanor, the [
5345 Bureau of Emergency Medical Services to determine whether to grant, deny, or revoke
5346 background clearance under Section [
5347 who has obtained an emergency medical service personnel license under Section [
5348 53-2d-402, with the understanding that the [
5349 Medical Services must provide the individual who committed the offense an opportunity to
5350 respond to any information gathered from the [
5351 before the [
5352 determination.
5353 (3) With the consent of the juvenile court, a court record may be inspected by the child,
5354 by persons having a legitimate interest in the proceedings, and by persons conducting pertinent
5355 research studies.
5356 (4) If a petition is filed charging a minor who is 14 years old or older with an offense
5357 that would be a felony if committed by an adult, the juvenile court shall make available to any
5358 person upon request the petition, any adjudication or disposition orders, and the delinquency
5359 history summary of the minor charged unless the records are closed by the juvenile court upon
5360 findings on the record for good cause.
5361 (5) A juvenile probation officer's records and reports of social and clinical studies are
5362 not open to inspection, except by consent of the juvenile court, given under rules adopted by
5363 the board.
5364 (6) The juvenile court may charge a reasonable fee to cover the costs associated with
5365 retrieving a requested record that has been archived.
5366 Section 120. Section 78B-4-501 is amended to read:
5367 78B-4-501. Good Samaritan Law.
5368 (1) As used in this section:
5369 (a) "Child" means an individual of such an age that a reasonable person would perceive
5370 the individual as unable to open the door of a locked motor vehicle, but in any case younger
5371 than 18 years of age.
5372 (b) "Emergency" means an unexpected occurrence involving injury, threat of injury, or
5373 illness to a person or the public, including motor vehicle accidents, disasters, actual or
5374 threatened discharges, removal or disposal of hazardous materials, and other accidents or
5375 events of a similar nature.
5376 (c) "Emergency care" includes actual assistance or advice offered to avoid, mitigate, or
5377 attempt to mitigate the effects of an emergency.
5378 (d) "First responder" means a state or local:
5379 (i) law enforcement officer, as defined in Section 53-13-103;
5380 (ii) firefighter, as defined in Section 34A-3-113; or
5381 (iii) emergency medical service provider, as defined in Section [
5382 (e) "Motor vehicle" means the same as that term is defined in Section 41-1a-102.
5383 (2) A person who renders emergency care at or near the scene of, or during, an
5384 emergency, gratuitously and in good faith, is not liable for any civil damages or penalties as a
5385 result of any act or omission by the person rendering the emergency care, unless the person is
5386 grossly negligent or caused the emergency.
5387 (3) (a) A person who gratuitously, and in good faith, assists a governmental agency or
5388 political subdivision in an activity described in Subsections (3)(a)(i) through (iii) is not liable
5389 for any civil damages or penalties as a result of any act or omission, unless the person
5390 rendering assistance is grossly negligent in:
5391 (i) implementing measures to control the causes of epidemic and communicable
5392 diseases and other conditions significantly affecting the public health, or necessary to protect
5393 the public health as set out in Title 26A, Chapter 1, Local Health Departments;
5394 (ii) investigating and controlling suspected bioterrorism and disease as set out in Title
5395 26, Chapter 23b, Detection of Public Health Emergencies Act; and
5396 (iii) responding to a national, state, or local emergency, a public health emergency as
5397 defined in Section 26-23b-102, or a declaration by the president of the United States or other
5398 federal official requesting public health-related activities.
5399 (b) The immunity in this Subsection (3) is in addition to any immunity or protection in
5400 state or federal law that may apply.
5401 (4) (a) A person who uses reasonable force to enter a locked and unattended motor
5402 vehicle to remove a confined child is not liable for damages in a civil action if all of the
5403 following apply:
5404 (i) the person has a good faith belief that the confined child is in imminent danger of
5405 suffering physical injury or death unless the confined child is removed from the motor vehicle;
5406 (ii) the person determines that the motor vehicle is locked and there is no reasonable
5407 manner in which the person can remove the confined child from the motor vehicle;
5408 (iii) before entering the motor vehicle, the person notifies a first responder of the
5409 confined child;
5410 (iv) the person does not use more force than is necessary under the circumstances to
5411 enter the motor vehicle and remove the confined child from the vehicle; and
5412 (v) the person remains with the child until a first responder arrives at the motor vehicle.
5413 (b) A person is not immune from civil liability under this Subsection (4) if the person
5414 fails to abide by any of the provisions of Subsection (4)(a) or commits any unnecessary or
5415 malicious damage to the motor vehicle.
5416 Section 121. Section 78B-5-902 is amended to read:
5417 78B-5-902. Definitions.
5418 As used in this part:
5419 (1) "Communication" means an oral statement, written statement, note, record, report,
5420 or document made during, or arising out of, a meeting between a law enforcement officer,
5421 firefighter, emergency medical service provider, or rescue provider and a peer support team
5422 member.
5423 (2) "Behavioral emergency services technician" means an individual who is licensed
5424 under Section [
5425 (a) a behavioral emergency services technician; or
5426 (b) an advanced behavioral emergency services technician.
5427 (3) "Emergency medical service provider or rescue unit peer support team member"
5428 means a person who is:
5429 (a) an emergency medical service provider as defined in Section [
5430 53-2d-101, a regular or volunteer member of a rescue unit acting as an emergency responder as
5431 defined in Section 53-2a-502, or another person who has been trained in peer support skills;
5432 and
5433 (b) designated by the chief executive of an emergency medical service agency or the
5434 chief of a rescue unit as a member of an emergency medical service provider's peer support
5435 team or as a member of a rescue unit's peer support team.
5436 (4) "Law enforcement or firefighter peer support team member" means a person who
5437 is:
5438 (a) a peace officer, law enforcement dispatcher, civilian employee, or volunteer
5439 member of a law enforcement agency, a regular or volunteer member of a fire department, or
5440 another person who has been trained in peer support skills; and
5441 (b) designated by the commissioner of the Department of Public Safety, the executive
5442 director of the Department of Corrections, a sheriff, a police chief, or a fire chief as a member
5443 of a law enforcement agency's peer support team or a fire department's peer support team.
5444 (5) "Trained" means a person who has successfully completed a peer support training
5445 program approved by the Peace Officer Standards and Training Division, the State Fire
5446 Marshal's Office, or the Department of Health and Human Services, as applicable.
5447 Section 122. Section 78B-5-904 is amended to read:
5448 78B-5-904. Exclusions for certain communications.
5449 In accordance with the Utah Rules of Evidence, a behavioral emergency services
5450 technician may refuse to disclose communications made by an individual during the delivery of
5451 behavioral emergency services as defined in Section [
5452 Section 123. Section 78B-8-401 is amended to read:
5453 78B-8-401. Definitions.
5454 As used in this part:
5455 (1) "Blood or contaminated body fluids" includes blood, saliva, amniotic fluid,
5456 pericardial fluid, peritoneal fluid, pleural fluid, synovial fluid, cerebrospinal fluid, semen, and
5457 vaginal secretions, and any body fluid visibly contaminated with blood.
5458 (2) "COVID-19" means the same as that term is defined in Section 78B-4-517.
5459 (3) "Disease" means Human Immunodeficiency Virus infection, acute or chronic
5460 Hepatitis B infection, Hepatitis C infection, COVID-19 or another infectious disease that may
5461 cause Severe Acute Respiratory Syndrome, and any other infectious disease specifically
5462 designated by the Labor Commission, in consultation with the Department of Health and
5463 Human Services, for the purposes of this part.
5464 (4) "Emergency services provider" means:
5465 (a) an individual licensed under Section [
5466 fire department personnel, or personnel employed by the Department of Corrections or by a
5467 county jail, who provide prehospital emergency care for an emergency services provider either
5468 as an employee or as a volunteer; or
5469 (b) an individual who provides for the care, control, support, or transport of a prisoner.
5470 (5) "First aid volunteer" means a person who provides voluntary emergency assistance
5471 or first aid medical care to an injured person prior to the arrival of an emergency medical
5472 services provider or peace officer.
5473 (6) "Health care provider" means the same as that term is defined in Section
5474 78B-3-403.
5475 (7) "Medical testing procedure" means a nasopharyngeal swab, a nasal swab, a
5476 capillary blood sample, a saliva test, or a blood draw.
5477 (8) "Peace officer" means the same as that term is defined in Section 53-1-102.
5478 (9) "Prisoner" means the same as that term is defined in Section 76-5-101.
5479 (10) "Significant exposure" and "significantly exposed" mean:
5480 (a) exposure of the body of one individual to the blood or body fluids of another
5481 individual by:
5482 (i) percutaneous injury, including a needle stick, cut with a sharp object or instrument,
5483 or a wound resulting from a human bite, scratch, or similar force; or
5484 (ii) contact with an open wound, mucous membrane, or nonintact skin because of a cut,
5485 abrasion, dermatitis, or other damage;
5486 (b) exposure of the body of one individual to the body fluids, including airborne
5487 droplets, of another individual if:
5488 (i) the other individual displays symptoms known to be associated with COVID-19 or
5489 another infectious disease that may cause Severe Acute Respiratory Syndrome; or
5490 (ii) other evidence exists that would lead a reasonable person to believe that the other
5491 individual may be infected with COVID-19 or another infectious disease that may cause Severe
5492 Acute Respiratory Syndrome; or
5493 (c) exposure that occurs by any other method of transmission defined by the Labor
5494 Commission, in consultation with the Department of Health and Human Services, as a
5495 significant exposure.
5496 Section 124. Section 80-3-404 is amended to read:
5497 80-3-404. Finding of severe child abuse or neglect -- Order delivered to division --
5498 Court records.
5499 (1) If an abuse, neglect, or dependency petition is filed with the juvenile court that
5500 informs the juvenile court that the division has made a supported finding that an individual
5501 committed a severe type of child abuse or neglect, the juvenile court shall:
5502 (a) make a finding of substantiated, unsubstantiated, or without merit;
5503 (b) include the finding described in Subsection (1)(a) in a written order; and
5504 (c) deliver a certified copy of the order described in Subsection (1)(b) to the division.
5505 (2) The juvenile court shall make the finding described in Subsection (1):
5506 (a) as part of the adjudication hearing;
5507 (b) at the conclusion of the adjudication hearing; or
5508 (c) as part of a court order entered under a written stipulation of the parties.
5509 (3) In accordance with Section 80-2-707, a proceeding for adjudication of a supported
5510 finding of a type of abuse or neglect that does not constitute a severe type of child abuse or
5511 neglect may be joined in the juvenile court with an adjudication of a severe type of child abuse
5512 or neglect.
5513 (4) (a) The juvenile court shall make records of the juvenile court's findings under
5514 Subsection (1) available only to an individual with statutory authority to access the Licensing
5515 Information System for the purposes of licensing under Sections 26-39-402, 26B-1-211, and
5516 62A-2-120, or for the purposes described in Sections [
5517 Title 26, Chapter 21, Part 2, Clearance for Direct Patient Access.
5518 (b) An appellate court shall make records of an appeal from the juvenile court's
5519 decision under Subsection (1) available only to an individual with statutory authority to access
5520 the Licensing Information System for the purposes described in Subsection (4)(a).
5521 Section 125. Section 80-3-504 is amended to read:
5522 80-3-504. Petition for substantiation -- Court findings -- Expedited hearing --
5523 Records of an appeal.
5524 (1) The division or an individual may file a petition for substantiation in accordance
5525 with Section 80-2-1004.
5526 (2) If the division decides to file a petition for substantiation under Section 80-2-1004,
5527 the division shall file the petition no more than 14 days after the day on which the division
5528 makes the decision.
5529 (3) At the conclusion of the hearing on a petition for substantiation, the juvenile court
5530 shall:
5531 (a) make a finding of substantiated, unsubstantiated, or without merit;
5532 (b) include the finding in a written order; and
5533 (c) deliver a certified copy of the order to the division.
5534 (4) If an individual whose name is listed on the Licensing Information System before
5535 May 6, 2002, files a petition for substantiation under Section 80-2-1004 during the time that an
5536 alleged perpetrator's application for clearance to work with children or vulnerable adults is
5537 pending, the juvenile court shall:
5538 (a) hear the matter on an expedited basis; and
5539 (b) enter a final decision no later than 60 days after the day on which the petition for
5540 substantiation is filed.
5541 (5) An appellate court shall make a record of an appeal from the juvenile court's
5542 decision under Subsection (3) available only to an individual with statutory authority to access
5543 the Licensing Information System for the purposes of licensing under Sections 26-39-402,
5544 62A-1-118, and 62A-2-120, or for the purposes described in Sections [
5545 62A-2-121, or Title 26, Chapter 21, Part 2, Clearance for Direct Patient Access.
5546 Section 126. Repealer.
5547 This bill repeals:
5548 Section 26-8a-101, Title.
5549 Section 26-8b-101, Title.
5550 Section 26-8b-102, Definitions.
5551 Section 26-8b-601, Title.
5552 Section 26-8c-101, Title.
5553 Section 26-8d-101, Title.
5554 Section 127. Effective date.
5555 This bill takes effect on July 1, 2024.
5556 Section 128. Revisor instructions.
5557 The Legislature intends that when the Office of Legislative Research and General
5558 Counsel prepares the Utah Code database for publication:
5559 (1) if a bill replaces a reference to the "Department of Health" with the "Department of
5560 Health and Human Services" and this S.B. 64 replaces the same reference to the "Department
5561 of Health" with the "Bureau of Emergency Medical Services," the naming conventions in this
5562 bill supersede;
5563 (2) if this S.B. 64 renumbers a section from Title 26 to Title 53 and another bill
5564 renumbers the same section from Title 26 to Title 26B, the renumbering conventions in this bill
5565 supersede; and
5566 (3) newly created references in other bills to the following chapters shall be
5567 renumbered to the appropriate reference in Title 53, Chapter 2d, Emergency Medical Services
5568 Act, and Title 53, Chapter 2e, EMS Personnel Licensure Interstate Compact:
5569 (a) Title 26, Chapter 8a, Utah Emergency Medical Services System Act;
5570 (b) Title 26, Chapter 8b, Utah Sudden Cardiac Arrest Survival Act;
5571 (c) Title 26, Chapter 8c, Ems Personnel Licensure Interstate Compact; and
5572 (d) Title 26, Chapter 8d, Utah Statewide Stroke and Cardiac Registry Act.