1     
HEALTH AND HUMAN SERVICES RECODIFICATION -

2     
PREVENTION, SUPPORTS, SUBSTANCE USE AND MENTAL

3     
HEALTH

4     
2023 GENERAL SESSION

5     
STATE OF UTAH

6     
Chief Sponsor: Jacob L. Anderegg

7     
House Sponsor: Raymond P. Ward

8     

9     LONG TITLE
10     General Description:
11          This bill recodifies portions of the Utah Health Code and Utah Human Services Code.
12     Highlighted Provisions:
13          This bill:
14          ▸     recodifies provisions regarding:
15               •     substance use and mental health;
16               •     long term services and supports, aging, and disabilities; and
17               •     public health and prevention; and
18          ▸     makes technical and corresponding changes.
19     Money Appropriated in this Bill:
20          None
21     Other Special Clauses:
22          This bill provides a coordination clause.
23          This bill provides revisor instructions.
24     Utah Code Sections Affected:
25     AMENDS:
26          26B-5-101, as enacted by Laws of Utah 2022, Chapter 255
27          26B-6-101, as enacted by Laws of Utah 2022, Chapter 255
28          26B-7-101, as enacted by Laws of Utah 2022, Chapter 255

29     ENACTS:
30          26B-6-501, Utah Code Annotated 1953
31          26B-6-601, Utah Code Annotated 1953
32          26B-7-324, Utah Code Annotated 1953
33     RENUMBERS AND AMENDS:
34          26B-5-102, (Renumbered from 62A-15-103, as last amended by Laws of Utah 2022,
35     Chapters 187, 255, and 415)
36          26B-5-103, (Renumbered from 62A-15-104, as last amended by Laws of Utah 2022,
37     Chapter 255)
38          26B-5-104, (Renumbered from 62A-15-105, as last amended by Laws of Utah 2009,
39     Chapter 75)
40          26B-5-105, (Renumbered from 62A-15-105.2, as enacted by Laws of Utah 2012,
41     Chapter 305)
42          26B-5-106, (Renumbered from 62A-15-107, as last amended by Laws of Utah 2009,
43     Chapter 75)
44          26B-5-107, (Renumbered from 62A-15-108, as last amended by Laws of Utah 2009,
45     Chapter 75)
46          26B-5-108, (Renumbered from 62A-15-110, as last amended by Laws of Utah 2005,
47     Chapter 71)
48          26B-5-109, (Renumbered from 62A-15-113, as enacted by Laws of Utah 2017, Chapter
49     315)
50          26B-5-110, (Renumbered from 62A-15-103.1, as enacted by Laws of Utah 2019,
51     Chapter 440)
52          26B-5-111, (Renumbered from 62A-15-115, as enacted by Laws of Utah 2018, Chapter
53     414)
54          26B-5-112, (Renumbered from 62A-15-116, as last amended by Laws of Utah 2020,
55     Chapter 303)

56          26B-5-113, (Renumbered from 62A-15-117, as enacted by Laws of Utah 2019, Chapter
57     446)
58          26B-5-114, (Renumbered from 62A-15-118, as enacted by Laws of Utah 2020, Chapter
59     303)
60          26B-5-115, (Renumbered from 62A-15-119, as renumbered and amended by Laws of
61     Utah 2020, Chapter 29)
62          26B-5-116, (Renumbered from 62A-15-121, as enacted by Laws of Utah 2021, Chapter
63     277)
64          26B-5-117, (Renumbered from 62A-15-122, as enacted by Laws of Utah 2021, Chapter
65     278)
66          26B-5-118, (Renumbered from 62A-15-124, as enacted by Laws of Utah 2022, Chapter
67     149)
68          26B-5-119, (Renumbered from 62A-15-615, as renumbered and amended by Laws of
69     Utah 2002, Fifth Special Session, Chapter 8)
70          26B-5-201, (Renumbered from 62A-15-202, as last amended by Laws of Utah 2022,
71     Chapter 155)
72          26B-5-202, (Renumbered from 62A-15-203, as renumbered and amended by Laws of
73     Utah 2002, Fifth Special Session, Chapter 8)
74          26B-5-203, (Renumbered from 62A-15-204, as last amended by Laws of Utah 2022,
75     Chapter 155)
76          26B-5-204, (Renumbered from 62A-15-301, as renumbered and amended by Laws of
77     Utah 2002, Fifth Special Session, Chapter 8)
78          26B-5-205, (Renumbered from 62A-15-401, as last amended by Laws of Utah 2022,
79     Chapter 447)
80          26B-5-206, (Renumbered from 62A-15-403, as renumbered and amended by Laws of
81     Utah 2022, Chapter 211)
82          26B-5-207, (Renumbered from 62A-15-501, as last amended by Laws of Utah 2009,

83     Chapter 81)
84          26B-5-208, (Renumbered from 62A-15-502, as last amended by Laws of Utah 2005,
85     Chapter 2)
86          26B-5-209, (Renumbered from 62A-15-503, as last amended by Laws of Utah 2020,
87     Chapter 230)
88          26B-5-210, (Renumbered from 62A-15-504, as renumbered and amended by Laws of
89     Utah 2002, Fifth Special Session, Chapter 8)
90          26B-5-301, (Renumbered from 62A-15-602, as last amended by Laws of Utah 2022,
91     Chapters 187 and 374)
92          26B-5-302, (Renumbered from 62A-15-601, as renumbered and amended by Laws of
93     Utah 2002, Fifth Special Session, Chapter 8)
94          26B-5-303, (Renumbered from 62A-15-603, as last amended by Laws of Utah 2018,
95     Chapter 322)
96          26B-5-304, (Renumbered from 62A-15-613, as last amended by Laws of Utah 2021,
97     Chapter 344)
98          26B-5-305, (Renumbered from 62A-15-614, as renumbered and amended by Laws of
99     Utah 2002, Fifth Special Session, Chapter 8)
100          26B-5-306, (Renumbered from 62A-15-610, as last amended by Laws of Utah 2011,
101     Chapter 366)
102          26B-5-307, (Renumbered from 62A-15-644, as last amended by Laws of Utah 2011,
103     Chapter 366)
104          26B-5-308, (Renumbered from 62A-15-639, as renumbered and amended by Laws of
105     Utah 2002, Fifth Special Session, Chapter 8)
106          26B-5-309, (Renumbered from 62A-15-640, as renumbered and amended by Laws of
107     Utah 2002, Fifth Special Session, Chapter 8)
108          26B-5-310, (Renumbered from 62A-15-641, as last amended by Laws of Utah 2017,
109     Chapter 408)

110          26B-5-311, (Renumbered from 62A-15-642, as renumbered and amended by Laws of
111     Utah 2002, Fifth Special Session, Chapter 8)
112          26B-5-312, (Renumbered from 62A-15-643, as renumbered and amended by Laws of
113     Utah 2002, Fifth Special Session, Chapter 8)
114          26B-5-313, (Renumbered from 62A-15-1002, as renumbered and amended by Laws of
115     Utah 2002, Fifth Special Session, Chapter 8)
116          26B-5-314, (Renumbered from 62A-15-1003, as renumbered and amended by Laws of
117     Utah 2002, Fifth Special Session, Chapter 8)
118          26B-5-315, (Renumbered from 62A-15-1004, as renumbered and amended by Laws of
119     Utah 2002, Fifth Special Session, Chapter 8)
120          26B-5-316, (Renumbered from 62A-15-607, as last amended by Laws of Utah 2008,
121     Chapter 3)
122          26B-5-317, (Renumbered from 62A-15-617, as renumbered and amended by Laws of
123     Utah 2002, Fifth Special Session, Chapter 8)
124          26B-5-318, (Renumbered from 62A-15-619, as last amended by Laws of Utah 2011,
125     Chapter 366)
126          26B-5-319, (Renumbered from 62A-15-604, as last amended by Laws of Utah 2015,
127     Chapter 121)
128          26B-5-320, (Renumbered from 62A-15-621, as renumbered and amended by Laws of
129     Utah 2002, Fifth Special Session, Chapter 8)
130          26B-5-321, (Renumbered from 62A-15-622, as renumbered and amended by Laws of
131     Utah 2002, Fifth Special Session, Chapter 8)
132          26B-5-322, (Renumbered from 62A-15-623, as renumbered and amended by Laws of
133     Utah 2002, Fifth Special Session, Chapter 8)
134          26B-5-323, (Renumbered from 62A-15-624, as renumbered and amended by Laws of
135     Utah 2002, Fifth Special Session, Chapter 8)
136          26B-5-324, (Renumbered from 62A-15-608, as last amended by Laws of Utah 2011,

137     Chapter 366)
138          26B-5-325, (Renumbered from 62A-15-609, as renumbered and amended by Laws of
139     Utah 2002, Fifth Special Session, Chapter 8)
140          26B-5-326, (Renumbered from 62A-15-611, as last amended by Laws of Utah 2018,
141     Chapter 330)
142          26B-5-327, (Renumbered from 62A-15-612, as last amended by Laws of Utah 2021,
143     Chapter 382)
144          26B-5-330, (Renumbered from 62A-15-628, as last amended by Laws of Utah 2018,
145     Chapter 322)
146          26B-5-331, (Renumbered from 62A-15-629, as last amended by Laws of Utah 2022,
147     Chapters 341 and 374)
148          26B-5-332, (Renumbered from 62A-15-631, as last amended by Laws of Utah 2022,
149     Chapter 374)
150          26B-5-333, (Renumbered from 62A-15-632, as repealed and reenacted by Laws of Utah
151     2021, Chapter 122)
152          26B-5-334, (Renumbered from 62A-15-634, as renumbered and amended by Laws of
153     Utah 2002, Fifth Special Session, Chapter 8)
154          26B-5-335, (Renumbered from 62A-15-635, as last amended by Laws of Utah 2018,
155     Chapter 322)
156          26B-5-336, (Renumbered from 62A-15-636, as renumbered and amended by Laws of
157     Utah 2002, Fifth Special Session, Chapter 8)
158          26B-5-337, (Renumbered from 62A-15-637, as last amended by Laws of Utah 2019,
159     Chapter 419)
160          26B-5-338, (Renumbered from 62A-15-638, as renumbered and amended by Laws of
161     Utah 2002, Fifth Special Session, Chapter 8)
162          26B-5-339, (Renumbered from 62A-15-618, as last amended by Laws of Utah 2019,
163     Chapters 256 and 419)

164          26B-5-340, (Renumbered from 62A-15-630, as last amended by Laws of Utah 2008,
165     Chapter 3)
166          26B-5-341, (Renumbered from 62A-15-626, as last amended by Laws of Utah 2021,
167     Chapter 262)
168          26B-5-342, (Renumbered from 62A-15-620, as renumbered and amended by Laws of
169     Utah 2002, Fifth Special Session, Chapter 8)
170          26B-5-350, (Renumbered from 62A-15-630.4, as enacted by Laws of Utah 2019,
171     Chapter 256)
172          26B-5-351, (Renumbered from 62A-15-630.5, as last amended by Laws of Utah 2021,
173     Chapter 122)
174          26B-5-360, (Renumbered from 62A-15-625, as last amended by Laws of Utah 2021,
175     Chapter 260)
176          26B-5-361, (Renumbered from 62A-15-627, as last amended by Laws of Utah 2022,
177     Chapter 374)
178          26B-5-362, (Renumbered from 62A-15-646, as renumbered and amended by Laws of
179     Utah 2002, Fifth Special Session, Chapter 8)
180          26B-5-363, (Renumbered from 62A-15-616, as last amended by Laws of Utah 2011,
181     Chapter 366)
182          26B-5-364, (Renumbered from 62A-15-633, as renumbered and amended by Laws of
183     Utah 2002, Fifth Special Session, Chapter 8)
184          26B-5-365, (Renumbered from 62A-15-801, as renumbered and amended by Laws of
185     Utah 2002, Fifth Special Session, Chapter 8)
186          26B-5-366, (Renumbered from 62A-15-802, as renumbered and amended by Laws of
187     Utah 2002, Fifth Special Session, Chapter 8)
188          26B-5-367, (Renumbered from 62A-15-647, as renumbered and amended by Laws of
189     Utah 2002, Fifth Special Session, Chapter 8)
190          26B-5-370, (Renumbered from 62A-15-901, as renumbered and amended by Laws of

191     Utah 2002, Fifth Special Session, Chapter 8)
192          26B-5-371, (Renumbered from 62A-15-902, as last amended by Laws of Utah 2011,
193     Chapter 366)
194          26B-5-372, (Renumbered from 62A-15-605.5, as renumbered and amended by Laws of
195     Utah 2002, Fifth Special Session, Chapter 8)
196          26B-5-380, (Renumbered from 62A-1-108.5, as last amended by Laws of Utah 2021,
197     Chapter 262)
198          26B-5-401, (Renumbered from 62A-15-701, as last amended by Laws of Utah 2003,
199     Chapter 195)
200          26B-5-402, (Renumbered from 62A-15-702, as renumbered and amended by Laws of
201     Utah 2002, Fifth Special Session, Chapter 8)
202          26B-5-403, (Renumbered from 62A-15-703, as last amended by Laws of Utah 2021,
203     Chapter 262)
204          26B-5-404, (Renumbered from 62A-15-704, as last amended by Laws of Utah 2008,
205     Chapter 382)
206          26B-5-405, (Renumbered from 62A-15-705, as last amended by Laws of Utah 2021,
207     Chapter 261)
208          26B-5-406, (Renumbered from 62A-15-706, as last amended by Laws of Utah 2011,
209     Chapter 366)
210          26B-5-407, (Renumbered from 62A-15-707, as last amended by Laws of Utah 2008,
211     Chapter 382)
212          26B-5-408, (Renumbered from 62A-15-708, as renumbered and amended by Laws of
213     Utah 2002, Fifth Special Session, Chapter 8)
214          26B-5-409, (Renumbered from 62A-15-709, as renumbered and amended by Laws of
215     Utah 2002, Fifth Special Session, Chapter 8)
216          26B-5-410, (Renumbered from 62A-15-710, as renumbered and amended by Laws of
217     Utah 2002, Fifth Special Session, Chapter 8)

218          26B-5-411, (Renumbered from 62A-15-711, as renumbered and amended by Laws of
219     Utah 2002, Fifth Special Session, Chapter 8)
220          26B-5-412, (Renumbered from 62A-15-712, as last amended by Laws of Utah 2013,
221     Chapter 167)
222          26B-5-413, (Renumbered from 62A-15-713, as last amended by Laws of Utah 2005,
223     Chapter 71)
224          26B-5-501, (Renumbered from 62A-15-1202, as last amended by Laws of Utah 2018,
225     Chapter 77)
226          26B-5-502, (Renumbered from 62A-15-1201, as enacted by Laws of Utah 2017,
227     Chapter 408)
228          26B-5-503, (Renumbered from 62A-15-1203, as last amended by Laws of Utah 2018,
229     Chapter 77)
230          26B-5-504, (Renumbered from 62A-15-1204, as enacted by Laws of Utah 2017,
231     Chapter 408)
232          26B-5-505, (Renumbered from 62A-15-1205, as last amended by Laws of Utah 2018,
233     Chapter 77)
234          26B-5-506, (Renumbered from 62A-15-1205.5, as enacted by Laws of Utah 2018,
235     Chapter 77)
236          26B-5-507, (Renumbered from 62A-15-1206, as enacted by Laws of Utah 2017,
237     Chapter 408)
238          26B-5-508, (Renumbered from 62A-15-1207, as last amended by Laws of Utah 2018,
239     Chapter 77)
240          26B-5-509, (Renumbered from 62A-15-1207.5, as enacted by Laws of Utah 2018,
241     Chapter 77)
242          26B-5-510, (Renumbered from 62A-15-1208, as enacted by Laws of Utah 2017,
243     Chapter 408)
244          26B-5-511, (Renumbered from 62A-15-1209, as enacted by Laws of Utah 2017,

245     Chapter 408)
246          26B-5-601, (Renumbered from 62A-17-102, as enacted by Laws of Utah 2013, Chapter
247     24)
248          26B-5-602, (Renumbered from 62A-17-103, as last amended by Laws of Utah 2017,
249     Chapter 22)
250          26B-5-603, (Renumbered from 62A-17-104, as enacted by Laws of Utah 2013, Chapter
251     24)
252          26B-5-604, (Renumbered from 62A-17-105, as enacted by Laws of Utah 2013, Chapter
253     24)
254          26B-5-605, (Renumbered from 62A-17-106, as enacted by Laws of Utah 2013, Chapter
255     24)
256          26B-5-606, (Renumbered from 62A-15-1802, as enacted by Laws of Utah 2020,
257     Chapter 304)
258          26B-5-607, (Renumbered from 62A-15-1803, as enacted by Laws of Utah 2020,
259     Chapter 304)
260          26B-5-608, (Renumbered from 62A-15-1804, as enacted by Laws of Utah 2020,
261     Chapter 304)
262          26B-5-609, (Renumbered from 62A-15-1402, as enacted by Laws of Utah 2018,
263     Chapter 84)
264          26B-5-610, (Renumbered from 62A-15-1302, as last amended by Laws of Utah 2020,
265     Chapter 303)
266          26B-5-611, (Renumbered from 62A-15-1101, as last amended by Laws of Utah 2022,
267     Chapter 149)
268          26B-5-612, (Renumbered from 26-1-43, as enacted by Laws of Utah 2022, Chapter 253
269     and further amended by Revisor Instructions, Laws of Utah 2022, Chapter 189)
270          26B-6-102, (Renumbered from 62A-3-102, as last amended by Laws of Utah 1990,
271     Chapter 181)

272          26B-6-103, (Renumbered from 62A-3-103, as last amended by Laws of Utah 1992,
273     Chapter 104)
274          26B-6-104, (Renumbered from 62A-3-104, as last amended by Laws of Utah 2012,
275     Chapter 347)
276          26B-6-105, (Renumbered from 62A-3-104.1, as last amended by Laws of Utah 2018,
277     Chapter 256)
278          26B-6-106, (Renumbered from 62A-3-104.2, as last amended by Laws of Utah 1998,
279     Chapter 254)
280          26B-6-107, (Renumbered from 62A-3-104.3, as last amended by Laws of Utah 2015,
281     Chapter 255)
282          26B-6-108, (Renumbered from 62A-3-105, as last amended by Laws of Utah 2013,
283     Chapter 110)
284          26B-6-109, (Renumbered from 62A-3-106, as enacted by Laws of Utah 1988, Chapter
285     1)
286          26B-6-110, (Renumbered from 62A-3-106.5, as last amended by Laws of Utah 2008,
287     Chapter 382)
288          26B-6-111, (Renumbered from 62A-3-107, as last amended by Laws of Utah 2010,
289     Chapter 286)
290          26B-6-112, (Renumbered from 62A-3-107.5, as enacted by Laws of Utah 1996,
291     Chapter 299)
292          26B-6-113, (Renumbered from 62A-3-108, as last amended by Laws of Utah 1998,
293     Chapter 254)
294          26B-6-114, (Renumbered from 62A-3-109, as last amended by Laws of Utah 2008,
295     Chapters 91 and 382)
296          26B-6-201, (Renumbered from 62A-3-301, as last amended by Laws of Utah 2022,
297     Chapter 430)
298          26B-6-202, (Renumbered from 62A-3-302, as last amended by Laws of Utah 2017,

299     Chapter 176)
300          26B-6-203, (Renumbered from 62A-3-303, as last amended by Laws of Utah 2017,
301     Chapter 176)
302          26B-6-204, (Renumbered from 62A-3-304, as last amended by Laws of Utah 2008,
303     Chapter 91)
304          26B-6-205, (Renumbered from 62A-3-305, as last amended by Laws of Utah 2022,
305     Chapters 274, 335, and 415)
306          26B-6-206, (Renumbered from 62A-3-307, as repealed and reenacted by Laws of Utah
307     2008, Chapter 91)
308          26B-6-207, (Renumbered from 62A-3-308, as last amended by Laws of Utah 2008,
309     Chapter 91)
310          26B-6-208, (Renumbered from 62A-3-309, as last amended by Laws of Utah 2013,
311     Chapter 237)
312          26B-6-209, (Renumbered from 62A-3-311, as last amended by Laws of Utah 2008,
313     Chapters 91 and 382)
314          26B-6-210, (Renumbered from 62A-3-311.1, as last amended by Laws of Utah 2022,
315     Chapter 415)
316          26B-6-211, (Renumbered from 62A-3-311.5, as enacted by Laws of Utah 2008,
317     Chapter 91)
318          26B-6-212, (Renumbered from 62A-3-312, as last amended by Laws of Utah 2022,
319     Chapter 415)
320          26B-6-213, (Renumbered from 62A-3-314, as last amended by Laws of Utah 2007,
321     Chapter 176)
322          26B-6-214, (Renumbered from 62A-3-315, as last amended by Laws of Utah 2017,
323     Chapter 176)
324          26B-6-215, (Renumbered from 62A-3-316, as enacted by Laws of Utah 2002, Chapter
325     108)

326          26B-6-216, (Renumbered from 62A-3-317, as last amended by Laws of Utah 2017,
327     Chapter 176)
328          26B-6-217, (Renumbered from 62A-3-320, as last amended by Laws of Utah 2017,
329     Chapter 176)
330          26B-6-218, (Renumbered from 62A-3-321, as last amended by Laws of Utah 2017,
331     Chapter 176)
332          26B-6-219, (Renumbered from 62A-3-322, as enacted by Laws of Utah 2018, Third
333     Special Session, Chapter 1)
334          26B-6-301, (Renumbered from 62A-14-102, as last amended by Laws of Utah 2013,
335     Chapter 364)
336          26B-6-302, (Renumbered from 62A-14-103, as enacted by Laws of Utah 1999, Chapter
337     69)
338          26B-6-303, (Renumbered from 62A-14-104, as last amended by Laws of Utah 2009,
339     Chapter 75)
340          26B-6-304, (Renumbered from 62A-14-105, as last amended by Laws of Utah 2022,
341     Chapter 441)
342          26B-6-305, (Renumbered from 62A-14-107, as enacted by Laws of Utah 1999, Chapter
343     69)
344          26B-6-306, (Renumbered from 62A-14-108, as last amended by Laws of Utah 2022,
345     Chapter 255)
346          26B-6-307, (Renumbered from 62A-14-109, as last amended by Laws of Utah 2012,
347     Chapter 347)
348          26B-6-308, (Renumbered from 62A-14-110, as enacted by Laws of Utah 1999, Chapter
349     69)
350          26B-6-309, (Renumbered from 62A-14-111, as enacted by Laws of Utah 1999, Chapter
351     69)
352          26B-6-401, (Renumbered from 62A-5-101, as last amended by Laws of Utah 2020,

353     Chapter 444)
354          26B-6-402, (Renumbered from 62A-5-102, as last amended by Laws of Utah 2020,
355     Chapter 444)
356          26B-6-403, (Renumbered from 62A-5-103, as last amended by Laws of Utah 2011,
357     Chapter 366)
358          26B-6-404, (Renumbered from 62A-5-104, as last amended by Laws of Utah 2012,
359     Chapter 369)
360          26B-6-405, (Renumbered from 62A-5-105, as last amended by Laws of Utah 2013,
361     Chapter 167)
362          26B-6-406, (Renumbered from 62A-5-106, as enacted by Laws of Utah 1988, Chapter
363     1)
364          26B-6-407, (Renumbered from 62A-5-103.1, as last amended by Laws of Utah 2013,
365     Chapter 125)
366          26B-6-408, (Renumbered from 62A-5-103.2, as last amended by Laws of Utah 2009,
367     Chapter 29)
368          26B-6-409, (Renumbered from 62A-5-103.3, as enacted by Laws of Utah 2011,
369     Chapter 169)
370          26B-6-410, (Renumbered from 62A-5-103.5, as last amended by Laws of Utah 2017,
371     Chapter 181)
372          26B-6-411, (Renumbered from 62A-5-109, as last amended by Laws of Utah 2008,
373     Chapter 3)
374          26B-6-412, (Renumbered from 62A-5-110, as last amended by Laws of Utah 2018,
375     Chapter 88)
376          26B-6-413, (Renumbered from 62A-5-402, as last amended by Laws of Utah 2005,
377     Chapter 61)
378          26B-6-502, (Renumbered from 62A-5-201, as last amended by Laws of Utah 2017,
379     Chapter 211)

380          26B-6-503, (Renumbered from 62A-5-202, as last amended by Laws of Utah 2009,
381     Chapter 75)
382          26B-6-504, (Renumbered from 62A-5-203, as last amended by Laws of Utah 1991,
383     Chapter 207)
384          26B-6-505, (Renumbered from 62A-5-205, as last amended by Laws of Utah 1991,
385     Chapter 207)
386          26B-6-506, (Renumbered from 62A-5-206, as last amended by Laws of Utah 2016,
387     Chapter 300)
388          26B-6-507, (Renumbered from 62A-5-206.6, as last amended by Laws of Utah 2018,
389     Chapter 404)
390          26B-6-508, (Renumbered from 62A-5-207, as last amended by Laws of Utah 2011,
391     Chapter 366)
392          26B-6-509, (Renumbered from 62A-5-208, as last amended by Laws of Utah 1991,
393     Chapter 207)
394          26B-6-510, (Renumbered from 62A-5-211, as enacted by Laws of Utah 2017, Chapter
395     211)
396          26B-6-602, (Renumbered from 62A-5-302, as last amended by Laws of Utah 2011,
397     Chapter 366)
398          26B-6-603, (Renumbered from 62A-5-305, as last amended by Laws of Utah 2011,
399     Chapter 366)
400          26B-6-604, (Renumbered from 62A-5-308, as last amended by Laws of Utah 2021,
401     Chapter 261)
402          26B-6-605, (Renumbered from 62A-5-309, as last amended by Laws of Utah 2021,
403     Chapter 261)
404          26B-6-606, (Renumbered from 62A-5-310, as last amended by Laws of Utah 2011,
405     Chapter 366)
406          26B-6-607, (Renumbered from 62A-5-311, as last amended by Laws of Utah 2011,

407     Chapter 366)
408          26B-6-608, (Renumbered from 62A-5-312, as last amended by Laws of Utah 2011,
409     Chapter 366)
410          26B-6-609, (Renumbered from 62A-5-313, as last amended by Laws of Utah 2011,
411     Chapter 366)
412          26B-6-610, (Renumbered from 62A-5-315, as last amended by Laws of Utah 2004,
413     Chapter 114)
414          26B-6-611, (Renumbered from 62A-5-316, as last amended by Laws of Utah 2011,
415     Chapter 366)
416          26B-6-612, (Renumbered from 62A-5-317, as last amended by Laws of Utah 2011,
417     Chapter 366)
418          26B-6-613, (Renumbered from 62A-5-318, as last amended by Laws of Utah 2011,
419     Chapter 366)
420          26B-6-701, (Renumbered from 62A-5-501, as enacted by Laws of Utah 2022, Chapter
421     220)
422          26B-6-702, (Renumbered from 62A-5-502, as enacted by Laws of Utah 2022, Chapter
423     220)
424          26B-6-703, (Renumbered from 62A-5-503, as enacted by Laws of Utah 2022, Chapter
425     220)
426          26B-6-704, (Renumbered from 62A-5-504, as enacted by Laws of Utah 2022, Chapter
427     220)
428          26B-6-705, (Renumbered from 62A-5-505, as enacted by Laws of Utah 2022, Chapter
429     220)
430          26B-6-801, (Renumbered from 62A-5b-102, as last amended by Laws of Utah 2019,
431     Chapter 190)
432          26B-6-802, (Renumbered from 62A-5b-103, as last amended by Laws of Utah 2019,
433     Chapter 190)

434          26B-6-803, (Renumbered from 62A-5b-104, as last amended by Laws of Utah 2019,
435     Chapter 190)
436          26B-6-804, (Renumbered from 62A-5b-105, as last amended by Laws of Utah 2019,
437     Chapter 190)
438          26B-6-805, (Renumbered from 62A-5b-106, as last amended by Laws of Utah 2019,
439     Chapter 190)
440          26B-6-806, (Renumbered from 62A-6-102, as enacted by Laws of Utah 1988, Chapter
441     1)
442          26B-6-807, (Renumbered from 62A-6-103, as enacted by Laws of Utah 1988, Chapter
443     1)
444          26B-6-808, (Renumbered from 62A-6-104, as enacted by Laws of Utah 1988, Chapter
445     1)
446          26B-6-809, (Renumbered from 62A-6-105, as enacted by Laws of Utah 1988, Chapter
447     1)
448          26B-6-810, (Renumbered from 62A-6-106, as enacted by Laws of Utah 1988, Chapter
449     1)
450          26B-6-811, (Renumbered from 62A-6-107, as enacted by Laws of Utah 1988, Chapter
451     1)
452          26B-6-812, (Renumbered from 62A-6-108, as enacted by Laws of Utah 1988, Chapter
453     1)
454          26B-6-813, (Renumbered from 62A-6-109, as enacted by Laws of Utah 1988, Chapter
455     1)
456          26B-6-814, (Renumbered from 62A-6-110, as enacted by Laws of Utah 1988, Chapter
457     1)
458          26B-6-815, (Renumbered from 62A-6-111, as enacted by Laws of Utah 1988, Chapter
459     1)
460          26B-6-816, (Renumbered from 62A-6-112, as enacted by Laws of Utah 1988, Chapter

461     1)
462          26B-6-817, (Renumbered from 62A-6-113, as enacted by Laws of Utah 1988, Chapter
463     1)
464          26B-6-818, (Renumbered from 62A-6-114, as enacted by Laws of Utah 1988, Chapter
465     1)
466          26B-6-819, (Renumbered from 62A-6-115, as enacted by Laws of Utah 1988, Chapter
467     1)
468          26B-6-820, (Renumbered from 62A-6-116, as enacted by Laws of Utah 1988, Chapter
469     1)
470          26B-6-821, (Renumbered from 62A-5b-107, as renumbered and amended by Laws of
471     Utah 2007, Chapter 22)
472          26B-7-102, (Renumbered from 26-10-3, as enacted by Laws of Utah 1981, Chapter
473     126)
474          26B-7-103, (Renumbered from 26-10-4, as enacted by Laws of Utah 1981, Chapter
475     126)
476          26B-7-104, (Renumbered from 26-10-5.5, as last amended by Laws of Utah 2016,
477     Chapter 144)
478          26B-7-105, (Renumbered from 26-10-10, as last amended by Laws of Utah 2018,
479     Chapters 58, 281, and 415)
480          26B-7-106, (Renumbered from 26-10-14, as enacted by Laws of Utah 2019, Chapter
481     124)
482          26B-7-107, (Renumbered from 26-10-15, as enacted by Laws of Utah 2021, Chapter
483     161)
484          26B-7-108, (Renumbered from 26-1-23.5, as renumbered and amended by Laws of
485     Utah 1991, Chapter 112)
486          26B-7-109, (Renumbered from 26-1-26, as enacted by Laws of Utah 1981, Chapter
487     126)

488          26B-7-110, (Renumbered from 26-1-36, as last amended by Laws of Utah 2013,
489     Chapters 43 and 167)
490          26B-7-111, (Renumbered from 26-1-38, as last amended by Laws of Utah 2015,
491     Chapter 180)
492          26B-7-112, (Renumbered from 26-1-42, as enacted by Laws of Utah 2020, Chapter
493     211)
494          26B-7-113, (Renumbered from 26-7-1, as last amended by Laws of Utah 2011, Chapter
495     297)
496          26B-7-114, (Renumbered from 26-7-2, as last amended by Laws of Utah 2011, Chapter
497     192)
498          26B-7-115, (Renumbered from 26-7-4, as enacted by Laws of Utah 2008, Chapter 72)
499          26B-7-116, (Renumbered from 26-7-7, as last amended by Laws of Utah 2015, Chapter
500     451)
501          26B-7-117, (Renumbered from 26-7-8, as last amended by Laws of Utah 2018, Chapter
502     281)
503          26B-7-118, (Renumbered from 26-7-9, as last amended by Laws of Utah 2019, Chapter
504     186)
505          26B-7-119, (Renumbered from 26-7-11, as enacted by Laws of Utah 2020, Chapter
506     429)
507          26B-7-201, (Renumbered from 26-6-2, as last amended by Laws of Utah 2021, Chapter
508     437)
509          26B-7-202, (Renumbered from 26-6-3, as last amended by Laws of Utah 2021, Chapter
510     437)
511          26B-7-203, (Renumbered from 26-6-3.5, as last amended by Laws of Utah 2006,
512     Chapter 116)
513          26B-7-204, (Renumbered from 26-6-4, as last amended by Laws of Utah 2006, Chapter
514     185)

515          26B-7-205, (Renumbered from 26-6-5, as last amended by Laws of Utah 1993, Chapter
516     179)
517          26B-7-206, (Renumbered from 26-6-6, as last amended by Laws of Utah 2008, Chapter
518     3)
519          26B-7-207, (Renumbered from 26-6-7, as last amended by Laws of Utah 1996, Chapter
520     211)
521          26B-7-208, (Renumbered from 26-6-8, as last amended by Laws of Utah 1996, Chapter
522     211)
523          26B-7-209, (Renumbered from 26-6-9, as repealed and reenacted by Laws of Utah
524     1996, Chapter 211)
525          26B-7-210, (Renumbered from 26-6-11, as enacted by Laws of Utah 1981, Chapter
526     126)
527          26B-7-211, (Renumbered from 26-6-15, as enacted by Laws of Utah 1981, Chapter
528     126)
529          26B-7-212, (Renumbered from 26-6-16, as enacted by Laws of Utah 1981, Chapter
530     126)
531          26B-7-213, (Renumbered from 26-6-17, as last amended by Laws of Utah 2019,
532     Chapter 349)
533          26B-7-214, (Renumbered from 26-6-18, as last amended by Laws of Utah 2019,
534     Chapter 349)
535          26B-7-215, (Renumbered from 26-6-19, as last amended by Laws of Utah 2019,
536     Chapter 349)
537          26B-7-216, (Renumbered from 26-6-20, as last amended by Laws of Utah 2019,
538     Chapter 349)
539          26B-7-217, (Renumbered from 26-6-27, as last amended by Laws of Utah 2022,
540     Chapters 169, 335, 415, and 430)
541          26B-7-218, (Renumbered from 26-6-28, as last amended by Laws of Utah 2007,

542     Chapter 38)
543          26B-7-219, (Renumbered from 26-6-29, as renumbered and amended by Laws of Utah
544     1996, Chapter 201)
545          26B-7-220, (Renumbered from 26-6-30, as last amended by Laws of Utah 2003,
546     Chapter 171)
547          26B-7-221, (Renumbered from 26-6-31, as enacted by Laws of Utah 2012, Chapter
548     150)
549          26B-7-222, (Renumbered from 26-6-32, as last amended by Laws of Utah 2022,
550     Chapter 169)
551          26B-7-223, (Renumbered from 26-6-42, as last amended by Laws of Utah 2022,
552     Chapter 5 and further amended by Revisor Instructions, Laws of Utah 2022,
553     Chapter 5)
554          26B-7-224, (Renumbered from 26-7-14, as last amended by Laws of Utah 2022,
555     Chapter 430)
556          26B-7-225, (Renumbered from 26-8d-102, as enacted by Laws of Utah 2018, Chapter
557     104)
558          26B-7-226, (Renumbered from 26-8d-103, as enacted by Laws of Utah 2018, Chapter
559     104)
560          26B-7-227, (Renumbered from 26-5-1, as enacted by Laws of Utah 1981, Chapter 126)
561          26B-7-301, (Renumbered from 26-23b-102, as last amended by Laws of Utah 2022,
562     Chapter 255)
563          26B-7-302, (Renumbered from 26-1-12, as last amended by Laws of Utah 1991,
564     Chapter 112)
565          26B-7-303, (Renumbered from 26-6b-1, as last amended by Laws of Utah 2008,
566     Chapter 382)
567          26B-7-304, (Renumbered from 26-6b-3, as last amended by Laws of Utah 2021,
568     Chapter 437)

569          26B-7-305, (Renumbered from 26-6b-3.1, as last amended by Laws of Utah 2011,
570     Chapter 297)
571          26B-7-306, (Renumbered from 26-6b-3.2, as enacted by Laws of Utah 2006, Chapter
572     185)
573          26B-7-307, (Renumbered from 26-6b-3.3, as last amended by Laws of Utah 2008,
574     Chapter 115)
575          26B-7-308, (Renumbered from 26-6b-3.4, as last amended by Laws of Utah 2008,
576     Chapters 3 and 115)
577          26B-7-309, (Renumbered from 26-6b-4, as last amended by Laws of Utah 2008,
578     Chapter 115)
579          26B-7-310, (Renumbered from 26-6b-5, as last amended by Laws of Utah 2019,
580     Chapter 349)
581          26B-7-311, (Renumbered from 26-6b-6, as last amended by Laws of Utah 2008,
582     Chapter 115)
583          26B-7-312, (Renumbered from 26-6b-7, as enacted by Laws of Utah 1996, Chapter
584     211)
585          26B-7-313, (Renumbered from 26-6b-8, as last amended by Laws of Utah 2006,
586     Chapter 185)
587          26B-7-314, (Renumbered from 26-6b-9, as last amended by Laws of Utah 2006,
588     Chapter 185)
589          26B-7-315, (Renumbered from 26-6b-10, as enacted by Laws of Utah 1996, Chapter
590     211)
591          26B-7-316, (Renumbered from 26-23b-103, as enacted by Laws of Utah 2002, Chapter
592     155)
593          26B-7-317, (Renumbered from 26-23b-104, as last amended by Laws of Utah 2021,
594     Chapter 437)
595          26B-7-318, (Renumbered from 26-23b-105, as enacted by Laws of Utah 2002, Chapter

596     155)
597          26B-7-319, (Renumbered from 26-23b-106, as enacted by Laws of Utah 2002, Chapter
598     155)
599          26B-7-320, (Renumbered from 26-23b-107, as enacted by Laws of Utah 2002, Chapter
600     155)
601          26B-7-321, (Renumbered from 26-23b-108, as last amended by Laws of Utah 2021,
602     Chapter 437)
603          26B-7-322, (Renumbered from 26-23b-109, as enacted by Laws of Utah 2002, Chapter
604     155)
605          26B-7-323, (Renumbered from 26-23b-110, as last amended by Laws of Utah 2011,
606     Chapter 55)
607          26B-7-401, (Renumbered from 26-15a-102, as last amended by Laws of Utah 2008,
608     Chapter 382)
609          26B-7-402, (Renumbered from 26-15-2, as last amended by Laws of Utah 2021,
610     Chapter 227)
611          26B-7-403, (Renumbered from 26-15-3, as last amended by Laws of Utah 2022,
612     Chapter 415)
613          26B-7-404, (Renumbered from 26-15-4, as enacted by Laws of Utah 1981, Chapter
614     126)
615          26B-7-405, (Renumbered from 26-15-7, as enacted by Laws of Utah 1981, Chapter
616     126)
617          26B-7-406, (Renumbered from 26-15-8, as last amended by Laws of Utah 2011,
618     Chapter 297)
619          26B-7-407, (Renumbered from 26-15-13, as last amended by Laws of Utah 2016,
620     Chapter 303)
621          26B-7-408, (Renumbered from 26-31-201, as last amended by Laws of Utah 2011,
622     Chapter 297 and renumbered and amended by Laws of Utah 2011, Chapter 90)

623          26B-7-409, (Renumbered from 26-51-201, as enacted by Laws of Utah 2008, Chapter
624     38)
625          26B-7-410, (Renumbered from 26-15a-104, as last amended by Laws of Utah 2008,
626     Chapter 382)
627          26B-7-411, (Renumbered from 26-15a-105, as last amended by Laws of Utah 2014,
628     Chapter 327)
629          26B-7-412, (Renumbered from 26-15a-106, as last amended by Laws of Utah 2020,
630     Chapter 189)
631          26B-7-413, (Renumbered from 26-15-5, as last amended by Laws of Utah 2020,
632     Chapter 189)
633          26B-7-414, (Renumbered from 26-15-9, as enacted by Laws of Utah 1981, Chapter
634     126)
635          26B-7-415, (Renumbered from 26-15b-105, as last amended by Laws of Utah 2020,
636     Fifth Special Session, Chapter 4)
637          26B-7-416, (Renumbered from 26-15c-105, as enacted by Laws of Utah 2021, Chapter
638     417)
639          26B-7-501, (Renumbered from 26-62-102, as last amended by Laws of Utah 2020,
640     Chapters 302 and 347)
641          26B-7-502, (Renumbered from 26-15-11, as last amended by Laws of Utah 1994,
642     Chapter 281)
643          26B-7-503, (Renumbered from 26-38-3, as last amended by Laws of Utah 2009,
644     Chapter 383)
645          26B-7-504, (Renumbered from 26-43-102, as enacted by Laws of Utah 1998, Chapter
646     73)
647          26B-7-505, (Renumbered from 26-57-103, as last amended by Laws of Utah 2021, First
648     Special Session, Chapter 12)
649          26B-7-506, (Renumbered from 26-62-103, as enacted by Laws of Utah 2018, Chapter

650     231)
651          26B-7-507, (Renumbered from 26-62-201, as last amended by Laws of Utah 2020,
652     Chapter 347)
653          26B-7-508, (Renumbered from 26-62-202, as last amended by Laws of Utah 2020,
654     Sixth Special Session, Chapter 18)
655          26B-7-509, (Renumbered from 26-62-203, as enacted by Laws of Utah 2018, Chapter
656     231)
657          26B-7-510, (Renumbered from 26-62-204, as enacted by Laws of Utah 2018, Chapter
658     231)
659          26B-7-511, (Renumbered from 26-62-205, as last amended by Laws of Utah 2021,
660     Chapter 348)
661          26B-7-512, (Renumbered from 26-62-206, as enacted by Laws of Utah 2020, Chapter
662     347)
663          26B-7-513, (Renumbered from 26-62-207, as enacted by Laws of Utah 2020, Chapter
664     302)
665          26B-7-514, (Renumbered from 26-62-301, as last amended by Laws of Utah 2020,
666     Chapter 347)
667          26B-7-515, (Renumbered from 26-62-302, as renumbered and amended by Laws of
668     Utah 2018, Chapter 231)
669          26B-7-516, (Renumbered from 26-62-303, as enacted by Laws of Utah 2018, Chapter
670     231)
671          26B-7-517, (Renumbered from 26-62-304, as last amended by Laws of Utah 2022,
672     Chapter 274)
673          26B-7-518, (Renumbered from 26-62-305, as last amended by Laws of Utah 2022,
674     Chapter 274)
675          26B-7-519, (Renumbered from 26-62-306, as last amended by Laws of Utah 2021,
676     Chapter 348)

677          26B-7-520, (Renumbered from 26-62-307, as renumbered and amended by Laws of
678     Utah 2018, Chapter 231)
679          26B-7-521, (Renumbered from 26-62-401, as last amended by Laws of Utah 2021,
680     Chapter 348)
681     Utah Code Sections Affected by Coordination Clause:
682          62A-17-102, as enacted by Laws of Utah 2013, Chapter 24
683     

684     Be it enacted by the Legislature of the state of Utah:
685          Section 1. Section 26B-5-101 is amended to read:
686     
CHAPTER 5. HEALTH CARE - SUBSTANCE USE AND MENTAL HEALTH

687     
Part 1. General Provisions

688          26B-5-101. Chapter definitions.
689          [Reserved.]
690          As used in this chapter:
691          (1) "Criminal risk factors" means a person's characteristics and behaviors that:
692          (a) affect the person's risk of engaging in criminal behavior; and
693          (b) are diminished when addressed by effective treatment, supervision, and other
694     support resources, resulting in reduced risk of criminal behavior.
695          (2) "Director" means the director appointed under Section 26B-5-103.
696          (3) "Division" means the Division of Integrated Healthcare created in Section
697     26B-1-202.
698          (4) "Local mental health authority" means a county legislative body.
699          (5) "Local substance abuse authority" means a county legislative body.
700          (6) "Mental health crisis" means:
701          (a) a mental health condition that manifests in an individual by symptoms of sufficient
702     severity that a prudent layperson who possesses an average knowledge of mental health issues
703     could reasonably expect the absence of immediate attention or intervention to result in:

704          (i) serious danger to the individual's health or well-being; or
705          (ii) a danger to the health or well-being of others; or
706          (b) a mental health condition that, in the opinion of a mental health therapist or the
707     therapist's designee, requires direct professional observation or intervention.
708          (7) "Mental health crisis response training" means community-based training that
709     educates laypersons and professionals on the warning signs of a mental health crisis and how to
710     respond.
711          (8) "Mental health crisis services" means an array of services provided to an individual
712     who experiences a mental health crisis, which may include:
713          (a) direct mental health services;
714          (b) on-site intervention provided by a mobile crisis outreach team;
715          (c) the provision of safety and care plans;
716          (d) prolonged mental health services for up to 90 days after the day on which an
717     individual experiences a mental health crisis;
718          (e) referrals to other community resources;
719          (f) local mental health crisis lines; and
720          (g) the statewide mental health crisis line.
721          (9) "Mental health therapist" means the same as that term is defined in Section
722     58-60-102.
723          (10) "Mobile crisis outreach team" or "MCOT" means a mobile team of medical and
724     mental health professionals that, in coordination with local law enforcement and emergency
725     medical service personnel, provides mental health crisis services.
726          (11) "Office" means the Office of Substance Use and Mental Health created in Section
727     26B-5-102.
728          (12) (a) "Public funds" means federal money received from the department, and state
729     money appropriated by the Legislature to the department, a county governing body, or a local
730     substance abuse authority, or a local mental health authority for the purposes of providing

731     substance abuse or mental health programs or services.
732          (b) "Public funds" include federal and state money that has been transferred by a local
733     substance abuse authority or a local mental health authority to a private provider under an
734     annual or otherwise ongoing contract to provide comprehensive substance abuse or mental
735     health programs or services for the local substance abuse authority or local mental health
736     authority. The money maintains the nature of "public funds" while in the possession of the
737     private entity that has an annual or otherwise ongoing contract with a local substance abuse
738     authority or a local mental health authority to provide comprehensive substance use or mental
739     health programs or services for the local substance abuse authority or local mental health
740     authority.
741          (c) Public funds received for the provision of services under substance use or mental
742     health service plans may not be used for any other purpose except those authorized in the
743     contract between the local mental health or substance abuse authority and provider for the
744     provision of plan services.
745          (13) "Severe mental disorder" means schizophrenia, major depression, bipolar
746     disorders, delusional disorders, psychotic disorders, and other mental disorders as defined by
747     the division.
748          (14) "Stabilization services" means in-home services provided to a child with, or who
749     is at risk for, complex emotional and behavioral needs, including teaching the child's parent or
750     guardian skills to improve family functioning.
751          (15) "Statewide mental health crisis line" means the same as that term is defined in
752     Section 26B-5-610.
753          (16) "System of care" means a broad, flexible array of services and supports that:
754          (a) serve a child with or who is at risk for complex emotional and behavioral needs;
755          (b) are community based;
756          (c) are informed about trauma;
757          (d) build meaningful partnerships with families and children;

758          (e) integrate service planning, service coordination, and management across state and
759     local entities;
760          (f) include individualized case planning;
761          (g) provide management and policy infrastructure that supports a coordinated network
762     of interdepartmental service providers, contractors, and service providers who are outside of
763     the department; and
764          (h) are guided by the type and variety of services needed by a child with or who is at
765     risk for complex emotional and behavioral needs and by the child's family.
766          Section 2. Section 26B-5-102, which is renumbered from Section 62A-15-103 is
767     renumbered and amended to read:
768          [62A-15-103].      26B-5-102. Division of Integrated Healthcare -- Office of
769     Substance Use and Mental Health -- Creation -- Responsibilities.
770          (1) (a) The [division] Division of Integrated Healthcare shall exercise responsibility
771     over the policymaking functions, regulatory and enforcement powers, rights, duties, and
772     responsibilities outlined in state law that were previously vested in the Division of Substance
773     Abuse and Mental Health within the department, under the administration and general
774     supervision of the executive director.
775          (b) The division is the substance abuse authority and the mental health authority for
776     this state.
777          (c) There is created the Office of Substance Use and Mental Health within the division.
778          (d) The office shall exercise the responsibilities, powers, rights, duties, and
779     responsibilities assigned to the office by the executive director.
780          (2) The division shall:
781          (a) (i) educate the general public regarding the nature and consequences of substance
782     [abuse] use by promoting school and community-based prevention programs;
783          (ii) render support and assistance to public schools through approved school-based
784     substance abuse education programs aimed at prevention of substance [abuse] use;

785          (iii) promote or establish programs for the prevention of substance [abuse] use within
786     the community setting through community-based prevention programs;
787          (iv) cooperate with and assist treatment centers, recovery residences, and other
788     organizations that provide services to individuals recovering from a substance [abuse] use
789     disorder, by identifying and disseminating information about effective practices and programs;
790          (v) promote integrated programs that address an individual's substance [abuse] use,
791     mental health, and physical health;
792          (vi) establish and promote an evidence-based continuum of screening, assessment,
793     prevention, treatment, and recovery support services in the community for individuals with a
794     substance use disorder or mental illness;
795          (vii) evaluate the effectiveness of programs described in this Subsection (2);
796          (viii) consider the impact of the programs described in this Subsection (2) on:
797          (A) emergency department utilization;
798          (B) jail and prison populations;
799          (C) the homeless population; and
800          (D) the child welfare system; and
801          (ix) promote or establish programs for education and certification of instructors to
802     educate individuals convicted of driving under the influence of alcohol or drugs or driving with
803     any measurable controlled substance in the body;
804          (b) (i) collect and disseminate information pertaining to mental health;
805          (ii) provide direction over the state hospital including approval of the state hospital's
806     budget, administrative policy, and coordination of services with local service plans;
807          (iii) make rules in accordance with Title 63G, Chapter 3, Utah Administrative
808     Rulemaking Act, to educate families concerning mental illness and promote family
809     involvement, when appropriate, and with patient consent, in the treatment program of a family
810     member; and
811          (iv) make rules in accordance with Title 63G, Chapter 3, Utah Administrative

812     Rulemaking Act, to direct that an individual receiving services through a local mental health
813     authority or the Utah State Hospital be informed about and, if desired by the individual,
814     provided assistance in the completion of a declaration for mental health treatment in
815     accordance with Section [62A-15-1002] 26B-5-313;
816          (c) (i) consult and coordinate with local substance abuse authorities and local mental
817     health authorities regarding programs and services;
818          (ii) provide consultation and other assistance to public and private agencies and groups
819     working on substance [abuse] use and mental health issues;
820          (iii) promote and establish cooperative relationships with courts, hospitals, clinics,
821     medical and social agencies, public health authorities, law enforcement agencies, education and
822     research organizations, and other related groups;
823          (iv) promote or conduct research on substance [abuse] use and mental health issues,
824     and submit to the governor and the Legislature recommendations for changes in policy and
825     legislation;
826          (v) receive, distribute, and provide direction over public funds for substance [abuse]
827     use and mental health services;
828          (vi) monitor and evaluate programs provided by local substance abuse authorities and
829     local mental health authorities;
830          (vii) examine expenditures of local, state, and federal funds;
831          (viii) monitor the expenditure of public funds by:
832          (A) local substance abuse authorities;
833          (B) local mental health authorities; and
834          (C) in counties where they exist, a private contract provider that has an annual or
835     otherwise ongoing contract to provide comprehensive substance abuse or mental health
836     programs or services for the local substance [abuse] use authority or local mental health
837     authority;
838          (ix) contract with local substance abuse authorities and local mental health authorities

839     to provide a comprehensive continuum of services that include community-based services for
840     individuals involved in the criminal justice system, in accordance with division policy, contract
841     provisions, and the local plan;
842          (x) contract with private and public entities for special statewide or nonclinical
843     services, or services for individuals involved in the criminal justice system, according to
844     division rules;
845          (xi) review and approve each local substance abuse authority's plan and each local
846     mental health authority's plan in order to ensure:
847          (A) a statewide comprehensive continuum of substance [abuse] use services;
848          (B) a statewide comprehensive continuum of mental health services;
849          (C) services result in improved overall health and functioning;
850          (D) a statewide comprehensive continuum of community-based services designed to
851     reduce criminal risk factors for individuals who are determined to have substance [abuse] use
852     or mental illness conditions or both, and who are involved in the criminal justice system;
853          (E) compliance, where appropriate, with the certification requirements in Subsection
854     (2)(j); and
855          (F) appropriate expenditure of public funds;
856          (xii) review and make recommendations regarding each local substance abuse
857     authority's contract with the local substance abuse authority's provider of substance [abuse] use
858     programs and services and each local mental health authority's contract with the local mental
859     health authority's provider of mental health programs and services to ensure compliance with
860     state and federal law and policy;
861          (xiii) monitor and ensure compliance with division rules and contract requirements;
862     and
863          (xiv) withhold funds from local substance abuse authorities, local mental health
864     authorities, and public and private providers for contract noncompliance, failure to comply
865     with division directives regarding the use of public funds, or for misuse of public funds or

866     money;
867          (d) ensure that the requirements of this part are met and applied uniformly by local
868     substance abuse authorities and local mental health authorities across the state;
869          (e) require each local substance abuse authority and each local mental health authority,
870     in accordance with Subsections 17-43-201(5)(b) and 17-43-301(6)(a)(ii), to submit a plan to
871     the division on or before May 15 of each year;
872          (f) conduct an annual program audit and review of each local substance abuse authority
873     and each local substance abuse authority's contract provider, and each local mental health
874     authority and each local mental health authority's contract provider, including:
875          (i) a review and determination regarding whether:
876          (A) public funds allocated to the local substance abuse authority or the local mental
877     health authorities are consistent with services rendered by the authority or the authority's
878     contract provider, and with outcomes reported by the authority's contract provider; and
879          (B) each local substance abuse authority and each local mental health authority is
880     exercising sufficient oversight and control over public funds allocated for substance use
881     disorder and mental health programs and services; and
882          (ii) items determined by the division to be necessary and appropriate;
883          (g) define "prevention" by rule as required under Title 32B, Chapter 2, Part 4,
884     Alcoholic Beverage and Substance Abuse Enforcement and Treatment Restricted Account Act;
885          (h) (i) train and certify an adult as a peer support specialist, qualified to provide peer
886     supports services to an individual with:
887          (A) a substance use disorder;
888          (B) a mental health disorder; or
889          (C) a substance use disorder and a mental health disorder;
890          (ii) certify a person to carry out, as needed, the division's duty to train and certify an
891     adult as a peer support specialist;
892          (iii) make rules in accordance with Title 63G, Chapter 3, Utah Administrative

893     Rulemaking Act, that:
894          (A) establish training and certification requirements for a peer support specialist;
895          (B) specify the types of services a peer support specialist is qualified to provide;
896          (C) specify the type of supervision under which a peer support specialist is required to
897     operate; and
898          (D) specify continuing education and other requirements for maintaining or renewing
899     certification as a peer support specialist; and
900          (iv) make rules in accordance with Title 63G, Chapter 3, Utah Administrative
901     Rulemaking Act, that:
902          (A) establish the requirements for a person to be certified to carry out, as needed, the
903     division's duty to train and certify an adult as a peer support specialist; and
904          (B) specify how the division shall provide oversight of a person certified to train and
905     certify a peer support specialist;
906          (i) collaborate with the State Commission on Criminal and Juvenile Justice to analyze
907     and provide recommendations to the Legislature regarding:
908          (i) pretrial services and the resources needed to reduce recidivism;
909          (ii) county jail and county behavioral health early-assessment resources needed for an
910     individual convicted of a class A or class B misdemeanor; and
911          (iii) the replacement of federal dollars associated with drug interdiction law
912     enforcement task forces that are reduced;
913          (j) establish performance goals and outcome measurements for a mental health or
914     substance use treatment program that is licensed under Chapter 2, [Licensure of] Part 1, Human
915     Services Programs and Facilities, and contracts with the department, including goals and
916     measurements related to employment and reducing recidivism of individuals receiving mental
917     health or substance use treatment who are involved with the criminal justice system;
918          (k) annually, on or before November 30, submit a written report to the Judiciary
919     Interim Committee, the Health and Human Services Interim Committee, and the Law

920     Enforcement and Criminal Justice Interim Committee, that includes:
921          (i) a description of the performance goals and outcome measurements described in
922     Subsection (2)(j); and
923          (ii) information on the effectiveness of the goals and measurements in ensuring
924     appropriate and adequate mental health or substance use treatment is provided in a treatment
925     program described in Subsection (2)(j);
926          (l) collaborate with the Administrative Office of the Courts, the Department of
927     Corrections, the Department of Workforce Services, and the Board of Pardons and Parole to
928     collect data on recidivism, including data on:
929          (i) individuals who participate in a mental health or substance use treatment program
930     while incarcerated and are convicted of another offense within two years after release from
931     incarceration;
932          (ii) individuals who are ordered by a criminal court or the Board of Pardons and Parole
933     to participate in a mental health or substance use treatment program and are convicted of
934     another offense while participating in the treatment program or within two years after the day
935     on which the treatment program ends;
936          (iii) the type of treatment provided to, and employment of, the individuals described in
937     Subsections (2)(l)(i) and (ii); and
938          (iv) cost savings associated with recidivism reduction and the reduction in the number
939     of inmates in the state;
940          (m) at the division's discretion, use the data described in Subsection (2)(l) to make
941     decisions regarding the use of funds allocated to the division to provide treatment;
942          (n) annually, on or before August 31, submit the data collected under Subsection (2)(l)
943     and any recommendations to improve the data collection to the State Commission on Criminal
944     and Juvenile Justice to be included in the report described in Subsection 63M-7-204(1)(x);
945          (o) publish the following on the division's website:
946          (i) the performance goals and outcome measurements described in Subsection (2)(j);

947     and
948          (ii) a description of the services provided and the contact information for the mental
949     health and substance use treatment programs described in Subsection (2)(j) and residential,
950     vocational and life skills programs, as defined in Section 13-53-102; and
951          (p) consult and coordinate with the Division of Child and Family Services to develop
952     and manage the operation of a program designed to reduce substance [abuse] use during
953     pregnancy and by parents of a newborn child that includes:
954          (i) providing education and resources to health care providers and individuals in the
955     state regarding prevention of substance [abuse] use during pregnancy;
956          (ii) providing training to health care providers in the state regarding screening of a
957     pregnant woman or pregnant minor to identify a substance [abuse] use disorder; and
958          (iii) providing referrals to pregnant women, pregnant minors, or parents of a newborn
959     child in need of substance [abuse] use treatment services to a facility that has the capacity to
960     provide the treatment services.
961          (3) In addition to the responsibilities described in Subsection (2), the division shall,
962     within funds appropriated by the Legislature for this purpose, implement and manage the
963     operation of a firearm safety and suicide prevention program, in consultation with the Bureau
964     of Criminal Identification created in Section 53-10-201, including:
965          (a) coordinating with local mental health and substance abuse authorities, a nonprofit
966     behavioral health advocacy group, and a representative from a Utah-based nonprofit
967     organization with expertise in the field of firearm use and safety that represents firearm owners,
968     to:
969          (i) produce and periodically review and update a firearm safety brochure and other
970     educational materials with information about the safe handling and use of firearms that
971     includes:
972          (A) information on safe handling, storage, and use of firearms in a home environment;
973          (B) information about at-risk individuals and individuals who are legally prohibited

974     from possessing firearms;
975          (C) information about suicide prevention awareness; and
976          (D) information about the availability of firearm safety packets;
977          (ii) procure cable-style gun locks for distribution under this section;
978          (iii) produce a firearm safety packet that includes the firearm safety brochure and the
979     cable-style gun lock described in this Subsection (3); and
980          (iv) create a suicide prevention education course that:
981          (A) provides information for distribution regarding firearm safety education;
982          (B) incorporates current information on how to recognize suicidal behaviors and
983     identify individuals who may be suicidal; and
984          (C) provides information regarding crisis intervention resources;
985          (b) distributing, free of charge, the firearm safety packet to the following persons, who
986     shall make the firearm safety packet available free of charge:
987          (i) health care providers, including emergency rooms;
988          (ii) mobile crisis outreach teams;
989          (iii) mental health practitioners;
990          (iv) other public health suicide prevention organizations;
991          (v) entities that teach firearm safety courses;
992          (vi) school districts for use in the seminar, described in Section 53G-9-702, for parents
993     of students in the school district; and
994          (vii) firearm dealers to be distributed in accordance with Section 76-10-526;
995          (c) creating and administering a rebate program that includes a rebate that offers
996     between $10 and $200 off the purchase price of a firearm safe from a participating firearms
997     dealer or a person engaged in the business of selling firearm safes in Utah, by a Utah resident;
998          (d) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
999     making rules that establish procedures for:
1000          (i) producing and distributing the suicide prevention education course and the firearm

1001     safety brochures and packets;
1002          (ii) procuring the cable-style gun locks for distribution; and
1003          (iii) administering the rebate program; and
1004          (e) reporting to the Health and Human Services Interim Committee regarding
1005     implementation and success of the firearm safety program and suicide prevention education
1006     course at or before the November meeting each year.
1007          (4) (a) The division may refuse to contract with and may pursue legal remedies against
1008     any local substance abuse authority or local mental health authority that fails, or has failed, to
1009     expend public funds in accordance with state law, division policy, contract provisions, or
1010     directives issued in accordance with state law.
1011          (b) The division may withhold funds from a local substance abuse authority or local
1012     mental health authority if the authority's contract provider of substance [abuse] use or mental
1013     health programs or services fails to comply with state and federal law or policy.
1014          (5) (a) Before reissuing or renewing a contract with any local substance abuse authority
1015     or local mental health authority, the division shall review and determine whether the local
1016     substance abuse authority or local mental health authority is complying with the oversight and
1017     management responsibilities described in Sections 17-43-201, 17-43-203, 17-43-303, and
1018     17-43-309.
1019          (b) Nothing in this Subsection (5) may be used as a defense to the responsibility and
1020     liability described in Section 17-43-303 and to the responsibility and liability described in
1021     Section 17-43-203.
1022          (6) In carrying out the division's duties and responsibilities, the division may not
1023     duplicate treatment or educational facilities that exist in other divisions or departments of the
1024     state, but shall work in conjunction with those divisions and departments in rendering the
1025     treatment or educational services that those divisions and departments are competent and able
1026     to provide.
1027          (7) The division may accept in the name of and on behalf of the state donations, gifts,

1028     devises, or bequests of real or personal property or services to be used as specified by the
1029     donor.
1030          (8) The division shall annually review with each local substance abuse authority and
1031     each local mental health authority the authority's statutory and contract responsibilities
1032     regarding:
1033          (a) use of public funds;
1034          (b) oversight of public funds; and
1035          (c) governance of substance use disorder and mental health programs and services.
1036          (9) The Legislature may refuse to appropriate funds to the division upon the division's
1037     failure to comply with the provisions of this part.
1038          (10) If a local substance abuse authority contacts the division under Subsection
1039     17-43-201(10) for assistance in providing treatment services to a pregnant woman or pregnant
1040     minor, the division shall:
1041          (a) refer the pregnant woman or pregnant minor to a treatment facility that has the
1042     capacity to provide the treatment services; or
1043          (b) otherwise ensure that treatment services are made available to the pregnant woman
1044     or pregnant minor.
1045          (11) The division shall employ a school-based mental health specialist to be housed at
1046     the State Board of Education who shall work with the State Board of Education to:
1047          (a) provide coordination between a local education agency and local mental health
1048     authority;
1049          (b) recommend evidence-based and evidence informed mental health screenings and
1050     intervention assessments for a local education agency; and
1051          (c) coordinate with the local community, including local departments of health, to
1052     enhance and expand mental health related resources for a local education agency.
1053          Section 3. Section 26B-5-103, which is renumbered from Section 62A-15-104 is
1054     renumbered and amended to read:

1055          [62A-15-104].      26B-5-103. Director -- Qualifications.
1056          (1) The executive director shall appoint a director within the division to carry out all or
1057     part of the duties and responsibilities described in this part.
1058          (2) The director appointed under Subsection (1) shall have a bachelor's degree from an
1059     accredited university or college, be experienced in administration, and be knowledgeable in
1060     matters concerning substance [abuse] use and mental health.
1061          Section 4. Section 26B-5-104, which is renumbered from Section 62A-15-105 is
1062     renumbered and amended to read:
1063          [62A-15-105].      26B-5-104. Authority and responsibilities of division.
1064          The division shall set policy for its operation and for programs funded with state and
1065     federal money under Sections 17-43-201, 17-43-301, 17-43-304, and [62A-15-110] 26B-5-108.
1066     The division shall:
1067          (1) in establishing rules, seek input from local substance abuse authorities, local mental
1068     health authorities, consumers, providers, advocates, division staff, and other interested parties
1069     as determined by the division;
1070          (2) establish, by rule, minimum standards for local substance abuse authorities and
1071     local mental health authorities;
1072          (3) establish, by rule, procedures for developing policies that ensure that local
1073     substance abuse authorities and local mental health authorities are given opportunity to
1074     comment and provide input on any new policy of the division or proposed changes in existing
1075     rules of the division;
1076          (4) provide a mechanism for review of its existing policy, and for consideration of
1077     policy changes that are proposed by local substance abuse authorities or local mental health
1078     authorities;
1079          (5) develop program policies, standards, rules, and fee schedules for the division; and
1080          (6) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
1081     make rules approving the form and content of substance abuse treatment, educational series,

1082     screening, and assessment that are described in Section 41-6a-501.
1083          Section 5. Section 26B-5-105, which is renumbered from Section 62A-15-105.2 is
1084     renumbered and amended to read:
1085          [62A-15-105.2].      26B-5-105. Employment first emphasis on the provision of
1086     services.
1087          (1) As used in this section, "recipient" means an individual who is:
1088          (a) undergoing treatment for a substance [abuse] use problem; or
1089          (b) suffers from a mental illness.
1090          (2) When providing services to a recipient, the division shall, within funds
1091     appropriated by the Legislature and in accordance with the requirements of federal and state
1092     law and memorandums of understanding between the division and other state entities that
1093     provide services to a recipient, give priority to providing services that assist an eligible
1094     recipient in obtaining and retaining meaningful and gainful employment that enables the
1095     recipient to earn sufficient income to:
1096          (a) purchase goods and services;
1097          (b) establish self-sufficiency; and
1098          (c) exercise economic control of the recipient's life.
1099          (3) The division shall develop a written plan to implement the policy described in
1100     Subsection (2) that includes:
1101          (a) assessing the strengths and needs of a recipient;
1102          (b) customizing strength-based approaches to obtaining employment;
1103          (c) expecting, encouraging, providing, and rewarding:
1104          (i) integrated employment in the workplace at competitive wages and benefits; and
1105          (ii) self-employment;
1106          (d) developing partnerships with potential employers;
1107          (e) maximizing appropriate employment training opportunities;
1108          (f) coordinating services with other government agencies and community resources;

1109          (g) to the extent possible, eliminating practices and policies that interfere with the
1110     policy described in Subsection (2); and
1111          (h) arranging sub-minimum wage work or volunteer work for an eligible recipient
1112     when employment at market rates cannot be obtained.
1113          (4) The division shall, on an annual basis:
1114          (a) set goals to implement the policy described in Subsection (2) and the plan described
1115     in Subsection (3);
1116          (b) determine whether the goals for the previous year have been met; and
1117          (c) modify the plan described in Subsection (3) as needed.
1118          Section 6. Section 26B-5-106, which is renumbered from Section 62A-15-107 is
1119     renumbered and amended to read:
1120          [62A-15-107].      26B-5-106. Authority to assess fees.
1121          The division may, with the approval of the Legislature and the executive director,
1122     establish fee schedules and assess fees for services rendered by the division.
1123          Section 7. Section 26B-5-107, which is renumbered from Section 62A-15-108 is
1124     renumbered and amended to read:
1125          [62A-15-108].      26B-5-107. Formula for allocation of funds to local
1126     substance abuse authorities and local mental health authorities.
1127          (1) (a) The division shall establish, by rule, formulas for allocating funds to local
1128     substance abuse authorities and local mental health authorities through contracts, to provide
1129     substance [abuse] use prevention and treatment services in accordance with the provisions of
1130     this chapter and Title 17, Chapter 43, Part 2, Local Substance Abuse Authorities, and mental
1131     health services in accordance with the provisions of this chapter and Title 17, Chapter 43, Part
1132     3, Local Mental Health Authorities.
1133          (b) The formulas shall provide for allocation of funds based on need. Determination of
1134     need shall be based on population unless the division establishes, by valid and accepted data,
1135     that other defined factors are relevant and reliable indicators of need.

1136          (c) The formulas shall include a differential to compensate for additional costs of
1137     providing services in rural areas.
1138          (2) The formulas established under Subsection (1) apply to all state and federal funds
1139     appropriated by the Legislature to the division for local substance abuse authorities and local
1140     mental health authorities, but does not apply to:
1141          (a) funds that local substance abuse authorities and local mental health authorities
1142     receive from sources other than the division;
1143          (b) funds that local substance abuse authorities and local mental health authorities
1144     receive from the division to operate specific programs within their jurisdictions which are
1145     available to all residents of the state;
1146          (c) funds that local substance abuse authorities and local mental health authorities
1147     receive from the division to meet needs that exist only within their local areas; and
1148          (d) funds that local substance abuse authorities and local mental health authorities
1149     receive from the division for research projects.
1150          Section 8. Section 26B-5-108, which is renumbered from Section 62A-15-110 is
1151     renumbered and amended to read:
1152          [62A-15-110].      26B-5-108. Contracts for substance use and mental health
1153     services -- Provisions -- Responsibilities.
1154          (1) If the division contracts with a local substance abuse authority or a local mental
1155     health authority to provide substance [abuse] use or mental health programs and services in
1156     accordance with the provisions of this chapter and Title 17, Chapter 43, Part 2, Local
1157     Substance Abuse Authorities, or Title 17, Chapter 43, Part 3, Local Mental Health Authorities,
1158     it shall ensure that those contracts include at least the following provisions:
1159          (a) that an independent auditor shall conduct any audit of the local substance abuse
1160     authority or its contract provider's programs or services and any audit of the local mental health
1161     authority or its contract provider's programs or services, pursuant to the provisions of Title 51,
1162     Chapter 2a, Accounting Reports from Political Subdivisions, Interlocal Organizations, and

1163     Other Local Entities Act;
1164          (b) in addition to the requirements described in Title 51, Chapter 2a, Accounting
1165     Reports from Political Subdivisions, Interlocal Organizations, and Other Local Entities Act, the
1166     division:
1167          (i) shall prescribe guidelines and procedures, in accordance with those formulated by
1168     the state auditor pursuant to Section 67-3-1, for auditing the compensation and expenses of
1169     officers, directors, and specified employees of the private contract provider, to assure the state
1170     that no personal benefit is gained from travel or other expenses; and
1171          (ii) may prescribe specific items to be addressed by that audit, depending upon the
1172     particular needs or concerns relating to the local substance abuse authority, local mental health
1173     authority, or contract provider at issue;
1174          (c) the local substance abuse authority or its contract provider and the local mental
1175     health authority and its contract provider shall invite and include all funding partners in its
1176     auditor's pre- and exit conferences;
1177          (d) each member of the local substance abuse authority and each member of the local
1178     mental health authority shall annually certify that he has received and reviewed the independent
1179     audit and has participated in a formal interview with the provider's executive officers;
1180          (e) requested information and outcome data will be provided to the division in the
1181     manner and within the time lines defined by the division; and
1182          (f) all audit reports by state or county persons or entities concerning the local substance
1183     abuse authority or its contract provider, or the local mental health authority or its contract
1184     provider shall be provided to the executive director of the department, the local substance
1185     abuse authority or local mental health authority, and members of the contract provider's
1186     governing board.
1187          (2) Each contract between the division and a local substance abuse authority or a local
1188     mental health authority shall authorize the division to withhold funds, otherwise allocated
1189     under Section [62A-15-108] 26B-5-107, to cover the costs of audits, attorney fees, and other

1190     expenditures associated with reviewing the expenditure of public funds by a local substance
1191     abuse authority or its contract provider or a local mental health authority or its contract
1192     provider, if there has been an audit finding or judicial determination that public funds have
1193     been misused by the local substance abuse authority or its contract provider or the local mental
1194     health authority or its contract provider.
1195          Section 9. Section 26B-5-109, which is renumbered from Section 62A-15-113 is
1196     renumbered and amended to read:
1197          [62A-15-113].      26B-5-109. Local plan program funding.
1198          (1) To facilitate the distribution of newly appropriated funds beginning from fiscal year
1199     2018 for prevention, treatment, and recovery support services that reduce recidivism or reduce
1200     the per capita number of incarcerated offenders with a substance use disorder or a mental
1201     health disorder, the division shall:
1202          (a) form an application review and fund distribution committee that includes:
1203          (i) one representative of the Utah Sheriffs' Association;
1204          (ii) one representative of the Statewide Association of Prosecutors of Utah;
1205          (iii) two representatives from the division; and
1206          (iv) two representatives from the Utah Association of Counties; and
1207          (b) require the application review and fund distribution committee to:
1208          (i) establish a competitive application process for funding of a local plan, as described
1209     in Sections 17-43-201(5)(b) and 17-43-301(6)(a)(ii);
1210          (ii) establish criteria in accordance with Subsection (1) for the evaluation of an
1211     application;
1212          (iii) ensure that the committee members' affiliate groups approve of the application
1213     process and criteria;
1214          (iv) evaluate applications; and
1215          (v) distribute funds to programs implemented by counties, local mental health
1216     authorities, or local substance abuse authorities.

1217          (2) Demonstration of matching county funds is not a requirement to receive funds, but
1218     the application review committee may take into consideration the existence of matching funds
1219     when determining which programs to fund.
1220          Section 10. Section 26B-5-110, which is renumbered from Section 62A-15-103.1 is
1221     renumbered and amended to read:
1222          [62A-15-103.1].      26B-5-110. Suicide Prevention Education Program --
1223     Definitions -- Grant requirements.
1224          (1) As used in this section, "bureau" means the Bureau of Criminal Identification
1225     created in Section 53-10-201 within the Department of Public Safety.
1226          (2) There is created a Suicide Prevention Education Program to fund suicide
1227     prevention education opportunities for federally licensed firearms dealers who operate a retail
1228     establishment open to the public and the dealers' employees.
1229          (3) The division, in conjunction with the bureau, shall provide a grant to an employer
1230     described in Subsection (2) in accordance with the criteria provided in Subsection
1231     [62A-15-1101(7)(b)] 26B-5-611(8)(b).
1232          (4) An employer may apply for a grant of up to $2,500 under the program.
1233          Section 11. Section 26B-5-111, which is renumbered from Section 62A-15-115 is
1234     renumbered and amended to read:
1235          [62A-15-115].      26B-5-111. Mental health crisis response training.
1236          (1) The division shall award grants to communities to conduct mental health crisis
1237     response training.
1238          (2) For the application and award of the grants described in Subsection (1), the division
1239     shall make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking
1240     Act, that determine:
1241          (a) the requirements and process for a community to apply for a grant; and
1242          (b) the substantive mental health crisis response programs that qualify for the award of
1243     a grant.

1244          Section 12. Section 26B-5-112, which is renumbered from Section 62A-15-116 is
1245     renumbered and amended to read:
1246          [62A-15-116].      26B-5-112. Mobile crisis outreach team expansion.
1247          (1) [The] In consultation with the Behavioral Health Crisis Response Commission,
1248     established in Section 63C-18-202, the division shall award grants for the development of:
1249          (a) five mobile crisis outreach teams:
1250          (i) in counties of the second, third, fourth, fifth, or sixth class; or
1251          (ii) in counties of the first class, if no more than two mobile crisis outreach teams are
1252     operating or have been awarded a grant to operate in the county; and
1253          (b) at least three mobile crisis outreach teams in counties of the third, fourth, fifth, or
1254     sixth class.
1255          (2) A mobile crisis outreach team awarded a grant under Subsection (1) shall provide
1256     mental health crisis services 24 hours per day, 7 days per week, and every day of the year.
1257          (3) The division shall prioritize the award of a grant described in Subsection (1) to
1258     entities, based on:
1259          (a) the number of individuals the proposed mobile crisis outreach team will serve; and
1260          (b) the percentage of matching funds the entity will provide to develop the proposed
1261     mobile crisis outreach team.
1262          (4) An entity does not need to have resources already in place to be awarded a grant
1263     described in Subsection (1).
1264          (5) [The] In consultation with the Behavioral Health Crisis Response Commission,
1265     established in Section 63C-18-202, the division shall make rules, in accordance with Title 63G,
1266     Chapter 3, Utah Administrative Rulemaking Act, for the application and award of the grants
1267     described in Subsection (1).
1268          Section 13. Section 26B-5-113, which is renumbered from Section 62A-15-117 is
1269     renumbered and amended to read:
1270          [62A-15-117].      26B-5-113. Medicaid reimbursement for school-based health

1271     services -- Report to Legislature.
1272          (1) As used in this section, "individualized education program" or "IEP" means a
1273     written statement for a student with a disability that is developed, reviewed, and revised in
1274     accordance with the Individuals with Disabilities Education Act, 20 U.S.C. Sec. 1400 et seq.
1275          (2) The division shall coordinate with the State Board of Education, the Department of
1276     Health, and stakeholders to address and develop recommendations related to:
1277          (a) the expansion of Medicaid reimbursement for school-based health services,
1278     including how to expand Medicaid-eligible school-based services beyond the services for
1279     students with IEPs; and
1280          (b) other areas concerning Medicaid reimbursement for school-based health services,
1281     including the time threshold for medically necessary IEP services.
1282          [(3) The division, the State Board of Education, and the Department of Health shall
1283     jointly report the recommendations described in Subsection (2) to the Education Interim
1284     Committee on or before August 15, 2019.]
1285          Section 14. Section 26B-5-114, which is renumbered from Section 62A-15-118 is
1286     renumbered and amended to read:
1287          [62A-15-118].      26B-5-114. Behavioral Health Receiving Center Grant
1288     Program.
1289          (1) As used in this section:
1290          (a) "Behavioral health receiving center" means a 23-hour nonsecure program or facility
1291     that is responsible for, and provides mental health crisis services to, an individual experiencing
1292     a mental health crisis.
1293          (b) "Project" means a behavioral health receiving center project described in
1294     Subsection (2)(a).
1295          (2) (a) (i) Before July 1, 2020, the division shall issue a request for proposals in
1296     accordance with this section to award a grant to one or more counties of the first or second
1297     class, as classified in Section 17-50-501, to, except as provided in Subsection (2)(a)(ii),

1298     develop and implement a behavioral health receiving center.
1299          (ii) A grant awarded under Subsection (2)(a)(i) may not be used to purchase land for
1300     the behavioral health receiving center.
1301          (b) The division shall award all grants under this section before December 31, 2020.
1302          (3) The purpose of a project is to:
1303          (a) increase access to mental health crisis services for individuals in the state who are
1304     experiencing a mental health crisis; and
1305          (b) reduce the number of individuals in the state who are incarcerated or in a hospital
1306     emergency room while experiencing a mental health crisis.
1307          (4) An application for a grant under this section shall:
1308          (a) identify the population to which the behavioral health receiving center will provide
1309     mental health crisis services;
1310          (b) identify the type of mental health crisis services the behavioral health receiving
1311     center will provide;
1312          (c) explain how the population described in Subsection (4)(a) will benefit from the
1313     provision of mental health crisis services;
1314          (d) provide details regarding:
1315          (i) how the proposed project plans to provide mental health crisis services;
1316          (ii) how the proposed project will ensure that consideration is given to the capacity of
1317     the behavioral health receiving center;
1318          (iii) how the proposed project will ensure timely and effective provision of mental
1319     health crisis services;
1320          (iv) the cost of the proposed project;
1321          (v) any existing or planned contracts or partnerships between the applicant and other
1322     individuals or entities to develop and implement the proposed project;
1323          (vi) any plan to use funding sources in addition to a grant under this section for the
1324     proposed project;

1325          (vii) the sustainability of the proposed project; and
1326          (viii) the methods the proposed project will use to:
1327          (A) protect the privacy of each individual who receives mental health crisis services
1328     from the behavioral health receiving center;
1329          (B) collect nonidentifying data relating to the proposed project; and
1330          (C) provide transparency on the costs and operation of the proposed project; and
1331          (e) provide other information requested by the division to ensure that the proposed
1332     project satisfies the criteria described in Subsection (5).
1333          (5) In evaluating an application for the grant, the division shall consider:
1334          (a) the extent to which the proposed project will fulfill the purposes described in
1335     Subsection (3);
1336          (b) the extent to which the population described in Subsection (4)(a) is likely to benefit
1337     from the proposed project;
1338          (c) the cost of the proposed project;
1339          (d) the extent to which any existing or planned contracts or partnerships between the
1340     applicant and other individuals or entities to develop and implement the project, or additional
1341     funding sources available to the applicant for the proposed project, are likely to benefit the
1342     proposed project; and
1343          (e) the viability and innovation of the proposed project.
1344          (6) Before June 30, 2021, the division shall report to the Health and Human Services
1345     Interim Committee regarding:
1346          (a) each county awarded a grant under this section; and
1347          (b) the details of each project.
1348          (7) Before June 30, 2023, the division shall report to the Health and Human Services
1349     Interim Committee regarding:
1350          (a) data gathered in relation to each project;
1351          (b) knowledge gained relating to the provision of mental health crisis services in a

1352     behavioral health receiving center;
1353          (c) recommendations for the future use of mental health crisis services in behavioral
1354     health receiving centers; and
1355          (d) obstacles encountered in the provision of mental health crisis services in a
1356     behavioral health receiving center.
1357          Section 15. Section 26B-5-115, which is renumbered from Section 62A-15-119 is
1358     renumbered and amended to read:
1359          [62A-15-119].      26B-5-115. Safety Net Initiative.
1360          (1) As used in this section, "individuals in underserved communities" means
1361     individuals living in culturally isolated communities in the state who may lack access to public
1362     assistance and other government services.
1363          (2) There is created within the division the Safety Net Initiative to:
1364          (a) implement strategies to increase awareness and reduce risk factors in order to
1365     improve the safety and well-being of individuals in underserved communities;
1366          (b) coordinate with government agencies, nonprofit organizations, and interested
1367     individuals to provide open communication with individuals in underserved communities; and
1368          (c) coordinate efforts to give individuals in underserved communities needed access to
1369     public assistance and other government services.
1370          (3) The division may employ or contract with individuals, entities, and support staff as
1371     necessary to administer the duties required by this section.
1372          Section 16. Section 26B-5-116, which is renumbered from Section 62A-15-121 is
1373     renumbered and amended to read:
1374          [62A-15-121].      26B-5-116. Suicide technical assistance program.
1375          (1) As used in this section, "technical assistance" means training for the prevention of
1376     suicide.
1377          (2) (a) Before July 1, 2021, and each subsequent July 1, the division shall solicit
1378     applications from health care organizations to receive technical assistance provided by the

1379     division.
1380          (b) The division shall approve at least one but not more than six applications each year.
1381          (c) The division shall determine which applicants receive the technical assistance
1382     before December 31 of each year.
1383          (3) An application for technical assistance under this section shall:
1384          (a) identify the population to whom the health care organization will provide suicide
1385     prevention services;
1386          (b) identify how the health care organization plans to implement the skills and
1387     knowledge gained from the technical assistance;
1388          (c) identify the health care organization's current resources used for the prevention of
1389     suicide;
1390          (d) explain how the population described in Subsection (3)(a) will benefit from the
1391     health care organization receiving technical assistance;
1392          (e) provide details regarding:
1393          (i) how the health care organization will provide timely and effective suicide
1394     prevention services;
1395          (ii) any existing or planned contracts or partnerships between the health care
1396     organization and other persons that are related to suicide prevention;
1397          (iii) the methods the health care organization will use to:
1398          (A) protect the privacy of each individual to whom the health care organization
1399     provides suicide prevention services; and
1400          (B) collect non-identifying data; and
1401          (f) provide other information requested by the division for the division to evaluate the
1402     application.
1403          (4) In evaluating an application for technical assistance, the division shall consider:
1404          (a) the extent to which providing technical assistance to the health care organization
1405     will fulfill the purpose of preventing suicides in the state;

1406          (b) the extent to which the population described in Subsection (3)(a) is likely to benefit
1407     from the health care organization receiving the technical assistance;
1408          (c) the cost of providing the technical assistance to the health care organization; and
1409          (d) the extent to which any of the following are likely to benefit the heath care
1410     organization's ability to assist in preventing suicides in the state:
1411          (i) existing or planned contracts or partnerships between the applicant and other
1412     persons to develop and implement other initiatives; or
1413          (ii) additional funding sources available to the applicant for suicide prevention
1414     services.
1415          (5) Before June 30, 2022, and each subsequent June 30, the division shall submit a
1416     written report to the Health and Human Services Interim Committee regarding each health care
1417     organization the division provided technical assistance to in the preceding year under this
1418     section.
1419          (6) Before June 30, 2024, the division shall submit a written report to the Health and
1420     Human Services Interim Committee regarding:
1421          (a) data gathered in relation to providing technical assistance to a health care
1422     organization;
1423          (b) knowledge gained relating to providing technical assistance;
1424          (c) recommendations for the future regarding how the state can better prevent suicides;
1425     and
1426          (d) obstacles encountered when providing technical assistance.
1427          Section 17. Section 26B-5-117, which is renumbered from Section 62A-15-122 is
1428     renumbered and amended to read:
1429          [62A-15-122].      26B-5-117. Early childhood mental health support grant
1430     program.
1431          (1) As used in this section:
1432          (a) "Child care" means the child care services defined in Section 35A-3-102 for a child

1433     during early childhood.
1434          (b) "Child care provider" means a person who provides child care or mental health
1435     support or interventions to a child during early childhood.
1436          (c) "Early childhood" means the time during which a child is zero to six years old.
1437          (d) "Project" means a project to provide education and training to child care providers
1438     regarding evidence-based best practices for delivery of mental health support and interventions
1439     during early childhood.
1440          (2) On or before July 1, 2021, the division shall issue a request for proposals in
1441     accordance with this section to award a grant to a public or nonprofit entity to implement a
1442     project.
1443          (3) The purpose of a project is to facilitate education about early childhood mental
1444     health support and interventions.
1445          (4) An application for a grant under this section shall provide details regarding:
1446          (a) the education and training regarding early childhood mental health support and
1447     interventions that the proposed project will provide to child care providers;
1448          (b) how the proposed project plans to provide the education and training to child care
1449     providers;
1450          (c) the number of child care providers served by the proposed project;
1451          (d) how the proposed project will ensure the education and training is effectively
1452     provided to child care providers;
1453          (e) the cost of the proposed project; and
1454          (f) the sustainability of the proposed project.
1455          (5) In evaluating a project proposal for a grant under this section, the division shall
1456     consider:
1457          (a) the extent to which the proposed project will fulfill the purpose described in
1458     Subsection (3);
1459          (b) the extent to which child care providers that will be served by the proposed project

1460     are likely to benefit from the proposed project;
1461          (c) the cost of the proposed project; and
1462          (d) the viability of the proposed project.
1463          [(6) Before June 30, 2022, the division shall report to the Health and Human Services
1464     Interim Committee regarding:]
1465          [(a) each entity awarded a grant under this section; and]
1466          [(b) the details of each project.]
1467          [(7)] (6) Before June 30, 2024, the division shall report to the Health and Human
1468     Services Interim Committee regarding:
1469          (a) any knowledge gained from providing the education and training regarding early
1470     childhood mental health support to child care providers;
1471          (b) data gathered in relation to each project;
1472          (c) recommendations for the future use of the education and training provided to child
1473     care providers; and
1474          (d) obstacles encountered in providing the education and training to child care
1475     providers.
1476          Section 18. Section 26B-5-118, which is renumbered from Section 62A-15-124 is
1477     renumbered and amended to read:
1478          [62A-15-124].      26B-5-118. Collaborative care grant program.
1479          (1) As used in this section:
1480          (a) "Applicant" means a small primary health care practice that applies for a grant
1481     under this section.
1482          (b) "Care manager" means an individual who plans, directs, and coordinates health care
1483     services for a patient.
1484          (c) "Collaborative care model" means a formal collaborative arrangement between a
1485     primary care physician, a mental health professional, and a care manager, to provide integrated
1486     physical and behavioral health services.

1487          (d) "Mental health professional" means an individual licensed under Title 58, Chapter
1488     60, Mental Health Professional Practice Act, or Title 58, Chapter 61, Psychologist Licensing
1489     Act, or a psychiatrist.
1490          (e) "Physician" means an individual licensed to practice as a physician or osteopath
1491     under Title 58, Chapter 67, Utah Medical Practice Act, or Title 58, Chapter 68, Utah
1492     Osteopathic Medical Practice Act.
1493          (f) "Primary care physician" means a physician that provides health services related to
1494     family medicine, internal medicine, pediatrics, obstetrics, gynecology, or geriatrics.
1495          (g) "Program" means a program described in Subsection (2)(a).
1496          (h) "Psychiatrist" means a physician who is board eligible for a psychiatry
1497     specialization recognized by the American Board of Medical Specialists or the American
1498     Osteopathic Association's Bureau of Osteopathic Specialists.
1499          (i) "Small primary health care practice" means a medical practice of primary health
1500     care physicians that:
1501          (i) includes 10 or fewer primary care physicians; or
1502          (ii) is primarily based in a county of the third through sixth class, as classified in
1503     Section 17-50-501.
1504          (2) (a) Before July 1, 2022, the division shall solicit applications from small primary
1505     health care practices for a grant to support or implement a program to provide integrated
1506     physical and behavioral health services under a collaborative care model.
1507          (b) A grant under this section may be used to:
1508          (i) hire and train staff to administer a program;
1509          (ii) identify and formalize contractual relationships with mental health professionals
1510     and case managers to implement a program; or
1511          (iii) purchase or upgrade software and other resources necessary to support or
1512     implement a program.
1513          (c) The division shall approve at least one but not more than six applications each year.

1514          (d) The division shall determine which applicants receive a grant under this section
1515     before December 31, 2022.
1516          (3) An application for a grant under this section shall:
1517          (a) identify the population to whom the applicant will provide services under a
1518     program;
1519          (b) identify the small primary health care practice's current resources that are used to
1520     provide integrated physical and behavioral health services;
1521          (c) explain how the population described in Subsection (3)(a) will benefit from the
1522     program;
1523          (d) provide details regarding:
1524          (i) how the applicant will provide timely and effective services under the program;
1525          (ii) any existing or planned contracts or partnerships between the applicant and other
1526     persons that are related to a collaborative care model;
1527          (iii) the methods the applicant will use to:
1528          (A) protect the privacy of each individual to whom the applicant provides services
1529     under the program; and
1530          (B) collect non-identifying data; and
1531          (e) provide other information requested by the division for the division to evaluate the
1532     application.
1533          (4) In evaluating an application for a grant under this section, the division shall
1534     consider:
1535          (a) the extent to which providing the grant to the applicant will fulfill the purpose of
1536     providing increased integrated physical and behavioral health services; and
1537          (b) the extent to which the population described in Subsection (3)(a) is likely to benefit
1538     from the applicant receiving the grant.
1539          (5) Before July 1, 2023, the division shall submit a written report to the Health and
1540     Human Services Interim Committee regarding each applicant the division provided a grant to

1541     in the preceding year under this section.
1542          (6) Before July 1, 2024, the division shall submit a written report to the Health and
1543     Human Services Interim Committee regarding:
1544          (a) data gathered and knowledge gained in relation to providing grants to an applicant;
1545     and
1546          (b) recommendations for how the state can better implement integrated physical and
1547     behavioral health services.
1548          Section 19. Section 26B-5-119, which is renumbered from Section 62A-15-615 is
1549     renumbered and amended to read:
1550          [62A-15-615].      26B-5-119. Forms.
1551          The division shall furnish the clerks of the [district courts] court with forms, blanks,
1552     warrants, and certificates, to enable [the district court] judges, with regularity and facility, to
1553     comply with the provisions of this chapter.
1554          Section 20. Section 26B-5-201, which is renumbered from Section 62A-15-202 is
1555     renumbered and amended to read:
1556     
Part 2. Substance Use Disorder Intervention, Prevention, and Education

1557          [62A-15-202].      26B-5-201. Definitions.
1558          As used in this part:
1559          (1) "Juvenile substance [abuse] use offender" means any minor who has committed a
1560     drug or alcohol related offense under the jurisdiction of the juvenile court in accordance with
1561     Section 78A-6-103.
1562          (2) "Local substance abuse authority" means a county legislative body designated to
1563     provide substance abuse services in accordance with Section 17-43-201.
1564          (3) "Minor" means the same as that term is defined in Section 80-1-102.
1565          (4) "Teen substance [abuse] use school" means any school established by the local
1566     substance abuse authority, in cooperation with the Board of Juvenile Court Judges, that
1567     provides an educational, interpersonal, skill-building experience for juvenile substance abuse

1568     offenders and their parents or legal guardians.
1569          Section 21. Section 26B-5-202, which is renumbered from Section 62A-15-203 is
1570     renumbered and amended to read:
1571          [62A-15-203].      26B-5-202. Teen substance use schools -- Establishment.
1572          The division or a local substance abuse authority, in cooperation with the Board of
1573     Juvenile Court Judges, may establish teen substance [abuse] use schools in the districts of the
1574     juvenile court.
1575          Section 22. Section 26B-5-203, which is renumbered from Section 62A-15-204 is
1576     renumbered and amended to read:
1577          [62A-15-204].      26B-5-203. Court order to attend substance use school --
1578     Assessments.
1579          (1) In addition to any other disposition ordered by the juvenile court under Section
1580     80-6-701, the court may order:
1581          (a) a minor and the minor's parent or legal guardian to attend a teen substance [abuse]
1582     use school; and
1583          (b) payment of an assessment in addition to any other fine imposed.
1584          (2) All assessments collected shall be forwarded to the county treasurer of the county
1585     where the minor resides, to be used exclusively for the operation of a teen substance [abuse]
1586     use program.
1587          Section 23. Section 26B-5-204, which is renumbered from Section 62A-15-301 is
1588     renumbered and amended to read:
1589          [62A-15-301].      26B-5-204. Commitment of minor to secure drug or alcohol
1590     facility or program -- Procedures -- Review.
1591          (1) [For purposes of this part] As used in this section:
1592          (a) "Approved treatment facility or program" means a public or private secure,
1593     inpatient facility or program that is licensed or operated by the department [or by the
1594     Department of Health] to provide drug or alcohol treatment or rehabilitation.

1595          (b) "Drug or alcohol addiction" means that the person has a physical or psychological
1596     dependence on drugs or alcohol in a manner not prescribed by a physician.
1597          (2) The parent or legal guardian of a minor under [the age of] 18 old years may submit
1598     that child, without the child's consent, to an approved treatment facility or program for
1599     treatment or rehabilitation of drug or alcohol addiction, upon application to a facility or
1600     program, and after a careful diagnostic inquiry is made by a neutral and detached fact finder, in
1601     accordance with the requirements of this section.
1602          (3) The neutral fact finder who conducts the inquiry:
1603          (a) shall be either a physician, psychologist, marriage and family therapist, psychiatric
1604     and mental health nurse specialist, or social worker licensed to practice in this state, who is
1605     trained and practicing in the area of substance [abuse] use; and
1606          (b) may not profit, financially or otherwise, from the commitment of the child and may
1607     not be employed by the proposed facility or program.
1608          (4) The review by a neutral fact finder may be conducted on the premises of the
1609     proposed treatment facility or program.
1610          (5) The inquiry conducted by the neutral fact finder shall include a private interview
1611     with the child, and an evaluation of the child's background and need for treatment.
1612          (6) The child may be committed to the approved treatment facility or program if it is
1613     determined by the neutral fact finder that:
1614          (a) the child is addicted to drugs or alcohol and because of that addiction poses a
1615     serious risk of harm to himself or others;
1616          (b) the proposed treatment or rehabilitation is in the child's best interest; and
1617          (c) there is no less restrictive alternative that would be equally as effective, from a
1618     clinical standpoint, as the proposed treatment facility or program.
1619          (7) Any approved treatment facility or program that receives a child under this section
1620     shall conduct a periodic review, at intervals not to exceed 30 days, to determine whether the
1621     criteria described in Subsection (6) continue to exist.

1622          (8) A minor committed under this section shall be released from the facility or program
1623     upon the request of his parent or legal guardian.
1624          (9) Commitment of a minor under this section terminates when the minor reaches the
1625     age of 18 years old.
1626          (10) Nothing in this section requires a program or facility to accept any person for
1627     treatment or rehabilitation.
1628          (11) The parent or legal guardian who requests commitment of a minor under this
1629     section is responsible to pay any fee associated with the review required by this section and any
1630     necessary charges for commitment, treatment, or rehabilitation for a minor committed under
1631     this section.
1632          (12) The child shall be released from commitment unless the report of the neutral fact
1633     finder is submitted to the juvenile court within 72 hours of commitment and approved by the
1634     court.
1635          Section 24. Section 26B-5-205, which is renumbered from Section 62A-15-401 is
1636     renumbered and amended to read:
1637          [62A-15-401].      26B-5-205. Alcohol training and education seminar.
1638          (1) As used in this [part] section:
1639          (a) "Instructor" means a person that directly provides the instruction during an alcohol
1640     training and education seminar for a seminar provider.
1641          (b) "Licensee" means a person who is:
1642          (i) (A) a new or renewing licensee under Title 32B, Alcoholic Beverage Control Act;
1643     and
1644          (B) engaged in the retail sale of an alcoholic product for consumption on the premises
1645     of the licensee; or
1646          (ii) a business that is:
1647          (A) a new or renewing licensee licensed by a city, town, or county; and
1648          (B) engaged in the retail sale of beer for consumption off the premises of the licensee.

1649          (c) "Off-premise beer retailer" is as defined in Section 32B-1-102.
1650          (d) "Seminar provider" means a person other than the division who provides an alcohol
1651     training and education seminar meeting the requirements of this section.
1652          (2) (a) This section applies to:
1653          (i) a retail manager as defined in Section 32B-1-701;
1654          (ii) retail staff as defined in Section 32B-1-701; and
1655          (iii) an individual who, as defined by division rule:
1656          (A) directly supervises the sale of beer to a customer for consumption off the premises
1657     of an off-premise beer retailer; or
1658          (B) sells beer to a customer for consumption off the premises of an off-premise beer
1659     retailer.
1660          (b) If the individual does not have a valid record that the individual has completed an
1661     alcohol training and education seminar, an individual described in Subsection (2)(a) shall:
1662          (i) (A) complete an alcohol training and education seminar within 30 days of the
1663     following if the individual is described in Subsection (2)(a)(i) or (ii):
1664          (I) if the individual is an employee, the day the individual begins employment;
1665          (II) if the individual is an independent contractor, the day the individual is first hired;
1666     or
1667          (III) if the individual holds an ownership interest in the licensee, the day that the
1668     individual first engages in an activity that would result in that individual being required to
1669     complete an alcohol training and education seminar; or
1670          (B) complete an alcohol training and education seminar within the time periods
1671     specified in Subsection 32B-1-703(1) if the individual is described in Subsection (2)(a)(iii)(A)
1672     or (B); and
1673          (ii) pay a fee:
1674          (A) to the seminar provider; and
1675          (B) that is equal to or greater than the amount established under Subsection (4)(h).

1676          (c) An individual shall have a valid record that the individual completed an alcohol
1677     training and education seminar within the time period provided in this Subsection (2) to engage
1678     in an activity described in Subsection (2)(a).
1679          (d) A record that an individual has completed an alcohol training and education
1680     seminar is valid for:
1681          (i) three years from the day on which the record is issued for an individual described in
1682     Subsection (2)(a)(i) or (ii); and
1683          (ii) five years from the day on which the record is issued for an individual described in
1684     Subsection (2)(a)(iii)(A) or (B).
1685          (e) On and after July 1, 2011, to be considered as having completed an alcohol training
1686     and education seminar, an individual shall:
1687          (i) attend the alcohol training and education seminar and take any test required to
1688     demonstrate completion of the alcohol training and education seminar in the physical presence
1689     of an instructor of the seminar provider; or
1690          (ii) complete the alcohol training and education seminar and take any test required to
1691     demonstrate completion of the alcohol training and education seminar through an online course
1692     or testing program that meets the requirements described in Subsection (2)(f).
1693          (f) The division shall by rule made in accordance with Title 63G, Chapter 3, Utah
1694     Administrative Rulemaking Act, establish one or more requirements for an online course or
1695     testing program described in Subsection (2)(e) that are designed to inhibit fraud in the use of
1696     the online course or testing program. In developing the requirements by rule the division shall
1697     consider whether to require:
1698          (i) authentication that the an individual accurately identifies the individual as taking the
1699     online course or test;
1700          (ii) measures to ensure that an individual taking the online course or test is focused on
1701     training material throughout the entire training period;
1702          (iii) measures to track the actual time an individual taking the online course or test is

1703     actively engaged online;
1704          (iv) a seminar provider to provide technical support, such as requiring a telephone
1705     number, email, or other method of communication that allows an individual taking the online
1706     course or test to receive assistance if the individual is unable to participate online because of
1707     technical difficulties;
1708          (v) a test to meet quality standards, including randomization of test questions and
1709     maximum time limits to take a test;
1710          (vi) a seminar provider to have a system to reduce fraud as to who completes an online
1711     course or test, such as requiring a distinct online certificate with information printed on the
1712     certificate that identifies the person taking the online course or test, or requiring measures to
1713     inhibit duplication of a certificate;
1714          (vii) measures for the division to audit online courses or tests;
1715          (viii) measures to allow an individual taking an online course or test to provide an
1716     evaluation of the online course or test;
1717          (ix) a seminar provider to track the Internet protocol address or similar electronic
1718     location of an individual who takes an online course or test;
1719          (x) an individual who takes an online course or test to use an e-signature; or
1720          (xi) a seminar provider to invalidate a certificate if the seminar provider learns that the
1721     certificate does not accurately reflect the individual who took the online course or test.
1722          (3) (a) A licensee may not permit an individual who is not in compliance with
1723     Subsection (2) to:
1724          (i) serve or supervise the serving of an alcoholic product to a customer for
1725     consumption on the premises of the licensee;
1726          (ii) engage in any activity that would constitute managing operations at the premises of
1727     a licensee that engages in the retail sale of an alcoholic product for consumption on the
1728     premises of the licensee;
1729          (iii) directly supervise the sale of beer to a customer for consumption off the premises

1730     of an off-premise beer retailer; or
1731          (iv) sell beer to a customer for consumption off the premises of an off-premise beer
1732     retailer.
1733          (b) A licensee that violates Subsection (3)(a) is subject to Section 32B-1-702.
1734          (4) The division shall:
1735          (a) (i) provide alcohol training and education seminars; or
1736          (ii) certify one or more seminar providers;
1737          (b) establish the curriculum for an alcohol training and education seminar that includes
1738     the following subjects:
1739          (i) (A) alcohol as a drug; and
1740          (B) alcohol's effect on the body and behavior;
1741          (ii) recognizing the problem drinker or signs of intoxication;
1742          (iii) an overview of state alcohol laws related to responsible beverage sale or service,
1743     as determined in consultation with the Department of Alcoholic Beverage Services;
1744          (iv) dealing with the problem customer, including ways to terminate sale or service;
1745     and
1746          (v) for those supervising or engaging in the retail sale of an alcoholic product for
1747     consumption on the premises of a licensee, alternative means of transportation to get the
1748     customer safely home;
1749          (c) recertify each seminar provider every three years;
1750          (d) monitor compliance with the curriculum described in Subsection (4)(b);
1751          (e) maintain for at least five years a record of every person who has completed an
1752     alcohol training and education seminar;
1753          (f) provide the information described in Subsection (4)(e) on request to:
1754          (i) the Department of Alcoholic Beverage Services;
1755          (ii) law enforcement; or
1756          (iii) a person licensed by the state or a local government to sell an alcoholic product;

1757          (g) provide the Department of Alcoholic Beverage Services on request a list of any
1758     seminar provider certified by the division; and
1759          (h) establish a fee amount for each person attending an alcohol training and education
1760     seminar that is sufficient to offset the division's cost of administering this section.
1761          (5) The division shall by rule made in accordance with Title 63G, Chapter 3, Utah
1762     Administrative Rulemaking Act:
1763          (a) define what constitutes under this section an individual who:
1764          (i) manages operations at the premises of a licensee engaged in the retail sale of an
1765     alcoholic product for consumption on the premises of the licensee;
1766          (ii) supervises the serving of an alcoholic product to a customer for consumption on the
1767     premises of a licensee;
1768          (iii) serves an alcoholic product to a customer for consumption on the premises of a
1769     licensee;
1770          (iv) directly supervises the sale of beer to a customer for consumption off the premises
1771     of an off-premise beer retailer; or
1772          (v) sells beer to a customer for consumption off the premises of an off-premise beer
1773     retailer;
1774          (b) establish criteria for certifying and recertifying a seminar provider; and
1775          (c) establish guidelines for the manner in which an instructor provides an alcohol
1776     education and training seminar.
1777          (6) A seminar provider shall:
1778          (a) obtain recertification by the division every three years;
1779          (b) ensure that an instructor used by the seminar provider:
1780          (i) follows the curriculum established under this section; and
1781          (ii) conducts an alcohol training and education seminar in accordance with the
1782     guidelines established by rule;
1783          (c) ensure that any information provided by the seminar provider or instructor of a

1784     seminar provider is consistent with:
1785          (i) the curriculum established under this section; and
1786          (ii) this section;
1787          (d) provide the division with the names of all persons who complete an alcohol training
1788     and education seminar provided by the seminar provider;
1789          (e) (i) collect a fee for each person attending an alcohol training and education seminar
1790     in accordance with Subsection (2); and
1791          (ii) forward to the division the portion of the fee that is equal to the amount described
1792     in Subsection (4)(h); and
1793          (f) issue a record to an individual that completes an alcohol training and education
1794     seminar provided by the seminar provider.
1795          (7) (a) If after a hearing conducted in accordance with Title 63G, Chapter 4,
1796     Administrative Procedures Act, the division finds that a seminar provider violates this section
1797     or that an instructor of the seminar provider violates this section, the division may:
1798          (i) suspend the certification of the seminar provider for a period not to exceed 90 days;
1799          (ii) revoke the certification of the seminar provider;
1800          (iii) require the seminar provider to take corrective action regarding an instructor; or
1801          (iv) prohibit the seminar provider from using an instructor until such time that the
1802     seminar provider establishes to the satisfaction of the division that the instructor is in
1803     compliance with Subsection (6)(b).
1804          (b) The division may certify a seminar provider whose certification is revoked:
1805          (i) no sooner than 90 days from the date the certification is revoked; and
1806          (ii) if the seminar provider establishes to the satisfaction of the division that the
1807     seminar provider will comply with this section.
1808          Section 25. Section 26B-5-206, which is renumbered from Section 62A-15-403 is
1809     renumbered and amended to read:
1810          [62A-15-403].      26B-5-206. Drinking while pregnant prevention media and

1811     education campaign.
1812          (1) As used in this section:
1813          (a) "Advisory council" means the Utah Substance Use and Mental Health Advisory
1814     Council created in Section 63M-7-301.
1815          (b) "Restricted account" means the Drinking While Pregnant Prevention Media and
1816     Education Campaign Restricted Account created in Section 32B-2-308.
1817          (2) The advisory council shall:
1818          (a) provide ongoing oversight of each media and education campaign funded through
1819     the restricted account;
1820          (b) create a drinking while pregnant prevention workgroup consistent with guidelines
1821     the advisory council proposes related to the workgroup's membership and duties;
1822          (c) create guidelines for how money appropriated for a media and education campaign
1823     can be used;
1824          (d) include in the guidelines created under this Subsection (2) that a media and
1825     education campaign funded through the restricted account shall be:
1826          (i) carefully researched;
1827          (ii) developed for target groups; and
1828          (iii) appropriate for target groups; and
1829          (e) approve or deny each plan the division submits in accordance with Subsection (3).
1830          (3) (a) Subject to appropriation from the Legislature and in accordance with this
1831     section, the division shall expend money from the restricted account to direct and fund one or
1832     more media and education campaigns designed to reduce the consumption of alcohol while
1833     pregnant.
1834          (b) Before the division expends money from the restricted account for a media and
1835     education campaign, the division shall, in cooperation with the drinking while pregnant
1836     prevention workgroup created in accordance with Subsection (2), prepare and submit a plan to
1837     the advisory council that:

1838          (i) describes the media and education campaign; and
1839          (ii) details how the division intends to use money from the restricted account to fund
1840     the media and education campaign.
1841          (c) If the advisory council approves the plan described in Subsection (3)(b), the
1842     division shall conduct the media and education campaign in accordance with the guidelines
1843     described in Subsection (2).
1844          (4) The division shall submit to the Health and Human Services Interim Committee
1845     and the advisory council annually by no later than October 1, a written report detailing:
1846          (a) the use of the money for the media and education campaigns conducted in
1847     accordance with Subsection (3); and
1848          (b) the impact and result of the use of the money during the previous fiscal year ending
1849     June 30.
1850          Section 26. Section 26B-5-207, which is renumbered from Section 62A-15-501 is
1851     renumbered and amended to read:
1852          [62A-15-501].      26B-5-207. DUI -- Legislative policy -- Rehabilitation
1853     treatment and evaluation -- Use of victim impact panels.
1854          The Legislature finds that drivers impaired by alcohol or drugs constitute a major
1855     problem in this state and that the problem demands a comprehensive detection, intervention,
1856     education, and treatment program including emergency services, outpatient treatment,
1857     detoxification, residential care, inpatient care, medical and psychological care, social service
1858     care, vocational rehabilitation, and career counseling through public and private agencies. It is
1859     the policy of this state to provide those programs at the expense of persons convicted of driving
1860     while under the influence of intoxicating liquor or drugs. It is also the policy of this state to
1861     utilize victim impact panels to assist persons convicted of driving under the influence of
1862     intoxicating liquor or drugs to gain a full understanding of the severity of their offense.
1863          Section 27. Section 26B-5-208, which is renumbered from Section 62A-15-502 is
1864     renumbered and amended to read:

1865          [62A-15-502].      26B-5-208. Penalty for DUI conviction -- Amounts.
1866          (1) Courts of record and not of record may at sentencing assess against the defendant,
1867     in addition to any fine, an amount that will fully compensate agencies that treat the defendant
1868     for their costs in each case where a defendant is convicted of violating:
1869          (a) Section 41-6a-502 or 41-6a-517;
1870          (b) a criminal prohibition resulting from a plea bargain after an original charge of
1871     violating Section 41-6a-502; or
1872          (c) an ordinance that complies with the requirements of Subsection 41-6a-510(1).
1873          (2) The fee assessed shall be collected by the court or an entity appointed by the court.
1874          Section 28. Section 26B-5-209, which is renumbered from Section 62A-15-503 is
1875     renumbered and amended to read:
1876          [62A-15-503].      26B-5-209. Assessments for DUI -- Use of money for
1877     rehabilitation programs, including victim impact panels -- Rulemaking power granted.
1878          (1) (a) Assessments imposed under Section [62A-15-502] 26B-5-208 may, pursuant to
1879     court order:
1880          (i) be collected by the clerk of the court in which the person was convicted; or
1881          (ii) be paid directly to the licensed alcohol or drug treatment program.
1882          (b) Assessments collected by the court under Subsection (1)(a)(i) shall be forwarded to
1883     a special nonlapsing account created by the county treasurer of the county in which the fee is
1884     collected.
1885          (2) Assessments under Subsection (1) shall be used exclusively for the operation of
1886     licensed alcohol or drug rehabilitation programs and education, assessment, supervision, and
1887     other activities related to and supporting the rehabilitation of persons convicted of driving
1888     while under the influence of intoxicating liquor or drugs. A requirement of the rehabilitation
1889     program shall be participation with a victim impact panel or program providing a forum for
1890     victims of alcohol or drug related offenses and defendants to share experiences on the impact
1891     of alcohol or drug related incidents in their lives. The [Division of Substance Abuse and

1892     Mental Health] division shall establish guidelines to implement victim impact panels where, in
1893     the judgment of the licensed alcohol or drug program, appropriate victims are available, and
1894     shall establish guidelines for other programs where such victims are not available.
1895          (3) None of the assessments shall be maintained for administrative costs by the
1896     division.
1897          Section 29. Section 26B-5-210, which is renumbered from Section 62A-15-504 is
1898     renumbered and amended to read:
1899          [62A-15-504].      26B-5-210. Policy -- Alternatives to incarceration.
1900          It is the policy of this state to provide adequate and appropriate health and social
1901     services as alternatives to incarceration for public intoxication.
1902          Section 30. Section 26B-5-301, which is renumbered from Section 62A-15-602 is
1903     renumbered and amended to read:
1904     
Part 3. Utah State Hospital and Other Mental Health Facilities

1905          [62A-15-602].      26B-5-301. Definitions.
1906          As used in this part, [Part 7, Commitment of Persons Under Age 18 to Division of
1907     Substance Abuse and Mental Health, Part 8, Interstate Compact on Mental Health, Part 9, Utah
1908     Forensic Mental Health Facility, Part 10, Declaration for Mental Health Treatment, and Part
1909     12, Essential Treatment and Intervention Act] Part 4, Commitment of Persons Under Age 18,
1910     and Part 5, Essential Treatment and Intervention:
1911          (1) "Adult" means an individual 18 years old or older.
1912          (2) "Approved treatment facility or program" means a mental health or substance use
1913     treatment provider that meets the goals and measurements described in Subsection
1914     [62A-15-103] 26B-5-110(2)(j).
1915          (3) "Assisted outpatient treatment" means involuntary outpatient mental health
1916     treatment ordered under Section [62A-15-630.5] 26B-5-351.
1917          (4) "Attending physician" means a physician licensed to practice medicine in this state
1918     who has primary responsibility for the care and treatment of the declarant.

1919          (5) "Attorney-in-fact" means an adult properly appointed under this part to make
1920     mental health treatment decisions for a declarant under a declaration for mental health
1921     treatment.
1922          [(4)] (6) "Commitment to the custody of a local mental health authority" means that an
1923     adult is committed to the custody of the local mental health authority that governs the mental
1924     health catchment area where the adult resides or is found.
1925          [(5)] (7) "Community mental health center" means an entity that provides treatment
1926     and services to a resident of a designated geographical area, that operates by or under contract
1927     with a local mental health authority, and that complies with state standards for community
1928     mental health centers.
1929          [(6)] (8) "Designated examiner" means:
1930          (a) a licensed physician, preferably a psychiatrist, who is designated by the division as
1931     specially qualified by training or experience in the diagnosis of mental or related illness; or
1932          (b) a licensed mental health professional designated by the division as specially
1933     qualified by training and who has at least five years' continual experience in the treatment of
1934     mental illness.
1935          [(7)] (9) "Designee" means a physician who has responsibility for medical functions
1936     including admission and discharge, an employee of a local mental health authority, or an
1937     employee of a person that has contracted with a local mental health authority to provide mental
1938     health services under Section 17-43-304.
1939          [(8)] (10) "Essential treatment" and "essential treatment and intervention" mean
1940     court-ordered treatment at a local substance abuse authority or an approved treatment facility or
1941     program for the treatment of an adult's substance use disorder.
1942          [(9)] (11) "Harmful sexual conduct" means the following conduct upon an individual
1943     without the individual's consent, including the nonconsensual circumstances described in
1944     Subsections 76-5-406(2)(a) through (l):
1945          (a) sexual intercourse;

1946          (b) penetration, however slight, of the genital or anal opening of the individual;
1947          (c) any sexual act involving the genitals or anus of the actor or the individual and the
1948     mouth or anus of either individual, regardless of the gender of either participant; or
1949          (d) any sexual act causing substantial emotional injury or bodily pain.
1950          [(10)] (12) "Informed waiver" means the patient was informed of a right and, after
1951     being informed of that right and the patient's right to waive the right, expressly communicated
1952     his or her intention to waive that right.
1953          (13) "Incapable" means that, in the opinion of the court in a guardianship proceeding
1954     under Title 75, Utah Uniform Probate Code, or in the opinion of two physicians, a person's
1955     ability to receive and evaluate information effectively or communicate decisions is impaired to
1956     such an extent that the person currently lacks the capacity to make mental health treatment
1957     decisions.
1958          [(11)] (14) "Institution" means a hospital or a health facility licensed under Section
1959     [26-21-8] 26B-2-206.
1960          [(12)] (15) "Local substance abuse authority" means the same as that term is defined in
1961     Section [62A-15-102] 26B-5-101 and described in Section 17-43-201.
1962          [(13)] (16) "Mental health facility" means the Utah State Hospital or other facility that
1963     provides mental health services under contract with the division, a local mental health
1964     authority, a person that contracts with a local mental health authority, or a person that provides
1965     acute inpatient psychiatric services to a patient.
1966          [(14)] (17) "Mental health officer" means an individual who is designated by a local
1967     mental health authority as qualified by training and experience in the recognition and
1968     identification of mental illness, to:
1969          (a) apply for and provide certification for a temporary commitment; or
1970          (b) assist in the arrangement of transportation to a designated mental health facility.
1971          [(15)] (18) "Mental illness" means:
1972          (a) a psychiatric disorder that substantially impairs an individual's mental, emotional,

1973     behavioral, or related functioning; or
1974          (b) the same as that term is defined in:
1975          (i) the current edition of the Diagnostic and Statistical Manual of Mental Disorders
1976     published by the American Psychiatric Association; or
1977          (ii) the current edition of the International Statistical Classification of Diseases and
1978     Related Health Problems.
1979          (19) "Mental health treatment" means convulsive treatment, treatment with
1980     psychoactive medication, or admission to and retention in a facility for a period not to exceed
1981     17 days.
1982          [(16)] (20) "Patient" means an individual who is:
1983          (a) under commitment to the custody or to the treatment services of a local mental
1984     health authority; or
1985          (b) undergoing essential treatment and intervention.
1986          [(17)] (21) "Physician" means an individual who is:
1987          (a) licensed as a physician under Title 58, Chapter 67, Utah Medical Practice Act; or
1988          (b) licensed as a physician under Title 58, Chapter 68, Utah Osteopathic Medical
1989     Practice Act.
1990          [(18)] (22) "Serious bodily injury" means bodily injury that involves a substantial risk
1991     of death, unconsciousness, extreme physical pain, protracted and obvious disfigurement, or
1992     protracted loss or impairment of the function of a bodily member, organ, or mental faculty.
1993          (23) "State hospital" means the Utah State Hospital established in Section 26B-5-302.
1994          [(19)] (24) "Substantial danger" means that due to mental illness, an individual is at
1995     serious risk of:
1996          (a) suicide;
1997          (b) serious bodily self-injury;
1998          (c) serious bodily injury because the individual is incapable of providing the basic
1999     necessities of life, including food, clothing, or shelter;

2000          (d) causing or attempting to cause serious bodily injury to another individual;
2001          (e) engaging in harmful sexual conduct; or
2002          (f) if not treated, suffering severe and abnormal mental, emotional, or physical distress
2003     that:
2004          (i) is associated with significant impairment of judgment, reason, or behavior; and
2005          (ii) causes a substantial deterioration of the individual's previous ability to function
2006     independently.
2007          [(20)] (25) "Treatment" means psychotherapy, medication, including the administration
2008     of psychotropic medication, or other medical treatments that are generally accepted medical or
2009     psychosocial interventions for the purpose of restoring the patient to an optimal level of
2010     functioning in the least restrictive environment.
2011          Section 31. Section 26B-5-302, which is renumbered from Section 62A-15-601 is
2012     renumbered and amended to read:
2013          [62A-15-601].      26B-5-302. Utah State Hospital.
2014          The Utah State Hospital is established and located in Provo, in Utah county. [For
2015     purposes of this part it is referred to as the "state hospital."]
2016          Section 32. Section 26B-5-303, which is renumbered from Section 62A-15-603 is
2017     renumbered and amended to read:
2018          [62A-15-603].      26B-5-303. Administration of state hospital -- Division --
2019     Authority.
2020          (1) The division shall administer the state hospital as part of the state's comprehensive
2021     mental health program and, to the fullest extent possible, shall, as the state hospital's
2022     administrator, coordinate with local mental health authority programs.
2023          (2) The division has the same powers, duties, rights, and responsibilities as, and shall
2024     perform the same functions that by law are conferred or required to be discharged or performed
2025     by, the state hospital.
2026          (3) Supervision and administration of security responsibilities for the state hospital is

2027     vested in the division. The executive director shall designate, as special function officers,
2028     individuals with peace officer authority to perform special security functions for the state
2029     hospital.
2030          (4) A director of a mental health facility that houses an involuntary patient or a patient
2031     committed by judicial order may establish secure areas, as provided in Section 76-8-311.1,
2032     within the mental health facility for the patient.
2033          Section 33. Section 26B-5-304, which is renumbered from Section 62A-15-613 is
2034     renumbered and amended to read:
2035          [62A-15-613].      26B-5-304. Appointment of superintendent -- Qualifications
2036     -- Powers and responsibilities.
2037          (1) The director, with the consent of the executive director, shall appoint a
2038     superintendent of the state hospital, who shall hold office at the will of the director.
2039          (2) The superintendent shall have a bachelor's degree from an accredited university or
2040     college, be experienced in administration, and be knowledgeable in matters concerning mental
2041     health.
2042          (3) The superintendent has general responsibility for the buildings, grounds, and
2043     property of the state hospital.
2044          (4) The superintendent shall appoint, with the approval of the director, as many
2045     employees as necessary for the efficient and economical care and management of the state
2046     hospital, and shall fix the employees' compensation and administer personnel functions
2047     according to the standards of the Division of Human Resource Management.
2048          Section 34. Section 26B-5-305, which is renumbered from Section 62A-15-614 is
2049     renumbered and amended to read:
2050          [62A-15-614].      26B-5-305. Clinical director -- Appointment -- Conditions
2051     and procedure -- Duties.
2052          (1) Whenever the superintendent is not qualified to be the clinical director of the state
2053     hospital under this section, [he] the superintendent shall, with the approval of the director of

2054     the division, appoint a clinical director who is licensed to practice medicine and surgery in this
2055     state, and who has had at least three years' training in a psychiatric residency program approved
2056     by the American Board of Psychiatry and Neurology, Inc., and who is eligible for certification
2057     by that board.
2058          (2) The salary of the clinical director of the state hospital shall be fixed by the
2059     standards of the Division of Finance, to be paid in the same manner as the salaries of other
2060     employees.
2061          (3) The clinical director shall perform such duties as directed by the superintendent and
2062     prescribed by the rules of the board, and shall prescribe and direct the treatment of patients and
2063     adopt sanitary measures for their welfare.
2064          [(3)] (4) If the superintendent is qualified to be the clinical director, [he] the
2065     superintendent may assume the duties of the clinical director.
2066          Section 35. Section 26B-5-306, which is renumbered from Section 62A-15-610 is
2067     renumbered and amended to read:
2068          [62A-15-610].      26B-5-306. Objectives of state hospital and other facilities --
2069     Persons who may be admitted to state hospital.
2070          (1) The objectives of the state hospital and other mental health facilities shall be to care
2071     for all persons within this state who are subject to the provisions of this chapter; and to furnish
2072     them with the proper attendance, medical treatment, seclusion, rest, restraint, amusement,
2073     occupation, and support that is conducive to their physical and mental well-being.
2074          (2) Only the following persons may be admitted to the state hospital:
2075          (a) persons 18 years [of age] old and older who meet the criteria necessary for
2076     commitment under this part and who have severe mental disorders for whom no appropriate,
2077     less restrictive treatment alternative is available;
2078          (b) persons under 18 years [of age] old who meet the criteria necessary for commitment
2079     under [Part 7, Commitment of Persons Under Age 18 to Division of Substance Abuse and
2080     Mental Health] Part 4, Commitment of Persons under Age 18, and for whom no less restrictive

2081     alternative is available;
2082          (c) persons adjudicated and found to be guilty with a mental illness under Title 77,
2083     Chapter 16a, Commitment and Treatment of Persons with a Mental Illness;
2084          (d) persons adjudicated and found to be not guilty by reason of insanity who are under
2085     a subsequent commitment order because they have a mental illness and are a danger to
2086     themselves or others, under Section 77-16a-302;
2087          (e) persons found incompetent to proceed under Section 77-15-6;
2088          (f) persons who require an examination under Title 77, Utah Code of Criminal
2089     Procedure; and
2090          (g) persons in the custody of the Department of Corrections, admitted in accordance
2091     with Section [62A-15-605.5] 26B-5-372, giving priority to those persons with severe mental
2092     disorders.
2093          Section 36. Section 26B-5-307, which is renumbered from Section 62A-15-644 is
2094     renumbered and amended to read:
2095          [62A-15-644].      26B-5-307. Additional powers of director -- Reports and
2096     records of division.
2097          (1) In addition to specific authority granted by other provisions of this part, the director
2098     has authority to prescribe the form of applications, records, reports, and medical certificates
2099     provided for under this part, and the information required to be contained therein, and to adopt
2100     rules that are not inconsistent with the provisions of this part that the director finds to be
2101     reasonably necessary for the proper and efficient commitment of persons with a mental illness.
2102          (2) The division shall require reports relating to the admission, examination, diagnosis,
2103     release, or discharge of any patient and investigate complaints made by any patient or by any
2104     person on behalf of a patient.
2105          (3) A local mental health authority shall keep a record of the names and current status
2106     of all persons involuntarily committed to it under this chapter.
2107          Section 37. Section 26B-5-308, which is renumbered from Section 62A-15-639 is

2108     renumbered and amended to read:
2109          [62A-15-639].      26B-5-308. Standards for care and treatment.
2110          Every patient is entitled to humane care and treatment and to medical care and
2111     treatment in accordance with the prevailing standards accepted in medical practice, psychiatric
2112     nursing practice, social work practice, and the practice of clinical psychology.
2113          Section 38. Section 26B-5-309, which is renumbered from Section 62A-15-640 is
2114     renumbered and amended to read:
2115          [62A-15-640].      26B-5-309. Mechanical restraints and medication -- Clinical
2116     record.
2117          (1) Mechanical restraints may not be applied to a patient unless it is determined by the
2118     director or his designee to be required by the needs of the patient. Every use of a mechanical
2119     restraint and the reasons therefor shall be made a part of the patient's clinical record, under the
2120     signature of the director or his designee, and shall be reviewed regularly.
2121          (2) In no event shall medication be prescribed for a patient unless it is determined by a
2122     physician to be required by the patient's medical needs. Every use of a medication and the
2123     reasons therefor shall be made a part of the patient's clinical record.
2124          Section 39. Section 26B-5-310, which is renumbered from Section 62A-15-641 is
2125     renumbered and amended to read:
2126          [62A-15-641].      26B-5-310. Restrictions and limitations -- Civil rights and
2127     privileges.
2128          (1) Subject to the general rules of the division, and except to the extent that the director
2129     or his designee determines that it is necessary for the welfare of the patient to impose
2130     restrictions, every patient is entitled to:
2131          (a) communicate, by sealed mail or otherwise, with persons, including official
2132     agencies, inside or outside the facility;
2133          (b) receive visitors; and
2134          (c) exercise all civil rights, including the right to dispose of property, execute

2135     instruments, make purchases, enter contractual relationships, and vote, unless the patient has
2136     been adjudicated to be incompetent and has not been restored to legal capacity.
2137          (2) When any right of a patient is limited or denied, the nature, extent, and reason for
2138     that limitation or denial shall be entered in the patient's treatment record. Any continuing denial
2139     or limitation shall be reviewed every 30 days and shall also be entered in that treatment record.
2140     Notice of that continuing denial in excess of 30 days shall be sent to the division, the
2141     appropriate local mental health authority, the appropriate local substance abuse authority, or an
2142     approved treatment facility or program, whichever is most applicable to the patient.
2143          (3) Notwithstanding any limitations authorized under this section on the right of
2144     communication, each patient is entitled to communicate by sealed mail with the appropriate
2145     local mental health authority, the appropriate local substance abuse authority, an approved
2146     treatment facility or program, the division, the patient's attorney, and the court, if any, that
2147     ordered the patient's commitment or essential treatment. In no case may the patient be denied a
2148     visit with the legal counsel or clergy of the patient's choice.
2149          (4) Local mental health authorities, local substance abuse authorities, and approved
2150     treatment facilities or programs shall provide reasonable means and arrangements for
2151     informing involuntary patients of their right to release as provided in this chapter, and for
2152     assisting them in making and presenting requests for release.
2153          (5) Mental health facilities, local substance abuse authorities, and approved treatment
2154     facilities or programs shall post a statement, created by the division, describing a patient's
2155     rights under Utah law.
2156          (6) Notwithstanding Section 53B-17-303, an individual committed under this chapter
2157     has the right to determine the final disposition of that individual's body after death.
2158          Section 40. Section 26B-5-311, which is renumbered from Section 62A-15-642 is
2159     renumbered and amended to read:
2160          [62A-15-642].      26B-5-311. Habeas corpus.
2161          Any individual detained pursuant to this part is entitled to the writ of habeas corpus

2162     upon proper petition by [himself] themselves or a friend, to the [district] court in the county in
2163     which [he] the individual is detained.
2164          Section 41. Section 26B-5-312, which is renumbered from Section 62A-15-643 is
2165     renumbered and amended to read:
2166          [62A-15-643].      26B-5-312. Confidentiality of information and records --
2167     Exceptions -- Penalty.
2168          (1) All certificates, applications, records, and reports made for the purpose of this part,
2169     including those made on judicial proceedings for involuntary commitment, that directly or
2170     indirectly identify a patient or former patient or an individual whose commitment has been
2171     sought under this part, shall be kept confidential and may not be disclosed by any person except
2172     insofar as:
2173          (a) the individual identified or his legal guardian, if any, or, if a minor, his parent or
2174     legal guardian shall consent;
2175          (b) disclosure may be necessary to carry out the provisions of:
2176          (i) this part; or
2177          (ii) Section 53-10-208.1; or
2178          (c) a court may direct, upon its determination that disclosure is necessary for the
2179     conduct of proceedings before it, and that failure to make the disclosure would be contrary to
2180     the public interest.
2181          (2) A person who knowingly or intentionally discloses any information not authorized
2182     by this section is guilty of a class B misdemeanor.
2183          Section 42. Section 26B-5-313, which is renumbered from Section 62A-15-1002 is
2184     renumbered and amended to read:
2185          [62A-15-1002].      26B-5-313. Declaration for mental health treatment.
2186          (1) An adult who is not incapable may make a declaration of preferences or
2187     instructions regarding [his] the adult's mental health treatment. The declaration may include,
2188     but is not limited to, consent to or refusal of specified mental health treatment.

2189          (2) A declaration for mental health treatment shall designate a capable adult to act as
2190     attorney-in-fact to make decisions about mental health treatment for the declarant. An
2191     alternative attorney-in-fact may also be designated to act as attorney-in-fact if the original
2192     designee is unable or unwilling to act at any time. An attorney-in-fact who has accepted the
2193     appointment in writing may make decisions about mental health treatment on behalf of the
2194     declarant only when the declarant is incapable. The decisions shall be consistent with any
2195     instructions or desires the declarant has expressed in the declaration.
2196          (3) A declaration is effective only if it is signed by the declarant and two capable adult
2197     witnesses. The witnesses shall attest that the declarant is known to them, signed the declaration
2198     in their presence, appears to be of sound mind and is not under duress, fraud, or undue
2199     influence. Persons specified in Subsection [62A-15-1003] 26B-5-314(6) may not act as
2200     witnesses.
2201          (4) A declaration becomes operative when it is delivered to the declarant's physician or
2202     other mental health treatment provider and remains valid until it expires or is revoked by the
2203     declarant. The physician or provider is authorized to act in accordance with an operative
2204     declaration when the declarant has been found to be incapable. The physician or provider shall
2205     continue to obtain the declarant's informed consent to all mental health treatment decisions if
2206     the declarant is capable of providing informed consent or refusal.
2207          (5) (a) An attorney-in-fact does not have authority to make mental health treatment
2208     decisions unless the declarant is incapable.
2209          (b) An attorney-in-fact is not, solely as a result of acting in that capacity, personally
2210     liable for the cost of treatment provided to the declarant.
2211          (c) Except to the extent that a right is limited by a declaration or by any federal law, an
2212     attorney-in-fact has the same right as the declarant to receive information regarding the
2213     proposed mental health treatment and to receive, review, and consent to disclosure of medical
2214     records relating to that treatment. This right of access does not waive any evidentiary privilege.
2215          (d) In exercising authority under the declaration, the attorney-in-fact shall act

2216     consistently with the instructions and desires of the declarant, as expressed in the declaration.
2217     If the declarant's desires are unknown, the attorney-in-fact shall act in what [he] the
2218     attorney-in-fact, in good faith, believes to be the best interest of the declarant.
2219          (e) An attorney-in-fact is not subject to criminal prosecution, civil liability, or
2220     professional disciplinary action for any action taken in good faith pursuant to a declaration for
2221     mental health treatment.
2222          (6) (a) A declaration for mental health treatment remains effective for a period of three
2223     years or until revoked by the declarant. If a declaration for mental health treatment has been
2224     invoked and is in effect at the expiration of three years after its execution, the declaration
2225     remains effective until the declarant is no longer incapable.
2226          (b) The authority of a named attorney-in-fact and any alternative attorney-in-fact
2227     continues in effect as long as the declaration appointing the attorney-in-fact is in effect or until
2228     the attorney-in-fact has withdrawn.
2229          (7) A person may not be required to execute or to refrain from executing a declaration
2230     as a criterion for insurance, as a condition for receiving mental or physical health services, or as
2231     a condition of discharge from a facility.
2232          Section 43. Section 26B-5-314, which is renumbered from Section 62A-15-1003 is
2233     renumbered and amended to read:
2234          [62A-15-1003].      26B-5-314. Physician and provider responsibilities --
2235     Provision of services contrary to declaration -- Revocation.
2236          (1) Upon being presented with a declaration, a physician shall make the declaration a
2237     part of the declarant's medical record. When acting under authority of a declaration, a physician
2238     shall comply with it to the fullest extent possible, consistent with reasonable medical practice,
2239     the availability of treatments requested, and applicable law. If the physician or other provider is
2240     unwilling at any time to comply with the declaration, the physician or provider shall promptly
2241     notify the declarant and the attorney-in-fact, and document the notification in the declarant's
2242     medical record.

2243          (2) A physician or provider may subject a declarant to intrusive treatment in a manner
2244     contrary to the declarant's wishes, as expressed in a declaration for mental health treatment if:
2245          (a) the declarant has been committed to the custody of a local mental health authority
2246     in accordance with [Part 6, Utah State Hospital and Other Mental Health Facilities] this part; or
2247          (b) in cases of emergency endangering life or health.
2248          (3) A declaration does not limit any authority provided in [Part 6, Utah State Hospital
2249     and Other Mental Health Facilities] this part, to take a person into custody, or admit or retain a
2250     person in the custody of a local mental health authority.
2251          (4) A declaration may be revoked in whole or in part by the declarant at any time so
2252     long as the declarant is not incapable. That revocation is effective when the declarant
2253     communicates the revocation to the attending physician or other provider. The attending
2254     physician or other provider shall note the revocation as part of the declarant's medical record.
2255          (5) A physician who administers or does not administer mental health treatment
2256     according to and in good faith reliance upon the validity of a declaration is not subject to
2257     criminal prosecution, civil liability, or professional disciplinary action resulting from a
2258     subsequent finding that a declaration is invalid.
2259          (6) None of the following persons may serve as an attorney-in-fact or as witnesses to
2260     the signing of a declaration:
2261          (a) the declarant's attending physician or mental health treatment provider, or an
2262     employee of that physician or provider;
2263          (b) an employee of the division; or
2264          (c) an employee of a local mental health authority or any organization that contracts
2265     with a local mental health authority.
2266          (7) An attorney-in-fact may withdraw by giving notice to the declarant. If a declarant
2267     is incapable, the attorney-in-fact may withdraw by giving notice to the attending physician or
2268     provider. The attending physician shall note the withdrawal as part of the declarant's medical
2269     record.

2270          Section 44. Section 26B-5-315, which is renumbered from Section 62A-15-1004 is
2271     renumbered and amended to read:
2272          [62A-15-1004].      26B-5-315. Declaration for mental health treatment -- Form.
2273          A declaration for mental health treatment shall be in substantially the following form:
2274     
DECLARATION FOR MENTAL HEALTH TREATMENT

2275          I, ________________________________, being an adult of sound mind, willfully and
2276     voluntarily make this declaration for mental health treatment, to be followed if it is determined
2277     by a court or by two physicians that my ability to receive and evaluate information effectively
2278     or to communicate my decisions is impaired to such an extent that I lack the capacity to refuse
2279     or consent to mental health treatment. "Mental health treatment" means convulsive treatment,
2280     treatment with psychoactive medication, and admission to and retention in a mental health
2281     facility for a period up to 17 days.
2282          I understand that I may become incapable of giving or withholding informed consent
2283     for mental health treatment due to the symptoms of a diagnosed mental disorder. These
2284     symptoms may include:
2285     
____________________________________________________________________________

2286     ____________________________________________________________________________
2287     ____
2288     
PSYCHOACTIVE MEDICATIONS

2289          If I become incapable of giving or withholding informed consent for mental health
2290     treatment, my wishes regarding psychoactive medications are as follows:
2291     __________ I consent to the administration of the following medications:
2292     
____________________________________________________________________________

2293     __
2294     in the dosages:
2295          __________ considered appropriate by my attending physician.
2296          __________ approved by ________________________________________

2297          __________ as I hereby direct: ____________________________________
2298     __________ I do not consent to the administration of the following medications:
2299     ____________________________________________________________________________
2300     ____________________________________________________________________________
2301     ____________________________________________________________________________
2302     ______
2303     
CONVULSIVE TREATMENT

2304          If I become incapable of giving or withholding informed consent for mental health
2305     treatment, my wishes regarding convulsive treatment are as follows:
2306     __________ I consent to the administration of convulsive treatment of the following type:
2307     ______________________________________________, the number of treatments to be:
2308          __________ determined by my attending physician.
2309          __________ approved by _______________________________________
2310          __________ as follows: ________________________________________
2311     __________ I do not consent to the administration of convulsive treatment.
2312          My reasons for consenting to or refusing convulsive treatment are as follows;
2313     ____________________________________________________________________________
2314     ____________________________________________________________________________
2315     ____________________________________________________________________________
2316     _
2317     
ADMISSION TO AND RETENTION IN A MENTAL HEALTH FACILITY

2318          If I become incapable of giving or withholding informed consent for mental health
2319     treatment, my wishes regarding admission to and retention in a mental health facility are as
2320     follows:
2321     __________ I consent to being admitted to the following mental health facilities:
2322     ____________________________________________________________________________
2323     I may be retained in the facility for a period of time:

2324          __________ determined by my attending physician.
2325          __________ approved by _______________________________________
2326          __________ no longer than _____________________________________
2327     This directive cannot, by law, provide consent to retain me in a facility for more than 17 days.
2328     
ADDITIONAL REFERENCES OR INSTRUCTIONS

2329     ____________________________________________________________________________
2330     ____________________________________________________________________________
2331     ____________________________________________________________________________
2332     ______
2333     
ATTORNEY-IN-FACT

2334          I hereby appoint:
2335          NAME ________________________________________________
2336          ADDRESS _____________________________________________
2337          TELEPHONE # _________________________________________
2338     to act as my attorney-in-fact to make decisions regarding my mental health treatment if I
2339     become incapable of giving or withholding informed consent for that treatment.
2340          If the person named above refuses or is unable to act on my behalf, or if I revoke that
2341     person's authority to act as my attorney-in-fact, I authorize the following person to act as my
2342     alternative attorney-in-fact:
2343          NAME ________________________________________________
2344          ADDRESS _____________________________________________
2345          TELEPHONE # _________________________________________
2346          My attorney-in-fact is authorized to make decisions which are consistent with the
2347     wishes I have expressed in this declaration. If my wishes are not expressed, my attorney-in-fact
2348     is to act in good faith according to what he or she believes to be in my best interest.
2349     
_________________________________________

2350          (Signature of Declarant/Date)

2351     
AFFIRMATION OF WITNESSES

2352          We affirm that the declarant is personally known to us, that the declarant signed or
2353     acknowledged the declarant's signature on this declaration for mental health treatment in our
2354     presence, that the declarant appears to be of sound mind and does not appear to be under
2355     duress, fraud, or undue influence. Neither of us is the person appointed as attorney-in-fact by
2356     this document, the attending physician, an employee of the attending physician, an employee of
2357     the [Division] Office of Substance Abuse and Mental Health within the Department of Health
2358     and Human Services, an employee of a local mental health authority, or an employee of any
2359     organization that contracts with a local mental health authority.
2360     Witnessed By:
2361     _____________________________________
2362     ______________________________________
2363     (Signature of Witness/Date)                    (Printed Name of Witness)
2364     _____________________________________
2365     _______________________________________
2366     (Signature of Witness/Date)                    (Printed Name of Witness)
2367     
ACCEPTANCE OF APPOINTMENT AS ATTORNEY-IN-FACT

2368          I accept this appointment and agree to serve as attorney-in-fact to make decisions about
2369     mental health treatment for the declarant. I understand that I have a duty to act consistently
2370     with the desires of the declarant as expressed in the declaration. I understand that this
2371     document gives me authority to make decisions about mental health treatment only while the
2372     declarant is incapable as determined by a court or two physicians. I understand that the
2373     declarant may revoke this appointment, or the declaration, in whole or in part, at any time and
2374     in any manner, when the declarant is not incapable.
2375     ____________________________________
2376     _______________________________________
2377     (Signature of Attorney-in-fact/Date)               (Printed name)

2378     ____________________________________
2379     ________________________________________
2380     (Signature of Alternate Attorney-in-fact/Date)     (Printed name)
2381     
NOTICE TO PERSON MAKING A

2382     
DECLARATION FOR MENTAL HEALTH TREATMENT

2383          This is an important legal document. It is a declaration that allows, or disallows, mental
2384     health treatment. Before signing this document, you should know that:
2385          (1) this document allows you to make decisions in advance about three types of mental
2386     health treatment: psychoactive medication, convulsive therapy, and short-term (up to 17 days)
2387     admission to a mental health facility;
2388          (2) the instructions that you include in this declaration will be followed only if a court
2389     or two physicians believe that you are incapable of otherwise making treatment decisions.
2390     Otherwise, you will be considered capable to give or withhold consent for treatment;
2391          (3) you may also appoint a person as your attorney-in-fact to make these treatment
2392     decisions for you if you become incapable. The person you appoint has a duty to act
2393     consistently with your desires as stated in this document or, if not stated, to make decisions in
2394     accordance with what that person believes, in good faith, to be in your best interest. For the
2395     appointment to be effective, the person you appoint must accept the appointment in writing.
2396     The person also has the right to withdraw from acting as your attorney-in-fact at any time;
2397          (4) this document will continue in effect for a period of three years unless you become
2398     incapable of participating in mental health treatment decisions. If this occurs, the directive will
2399     continue in effect until you are no longer incapable;
2400          (5) you have the right to revoke this document in whole or in part, or the appointment
2401     of an attorney-in-fact, at any time you have not been determined to be incapable. YOU MAY
2402     NOT REVOKE THE DECLARATION OR APPOINTMENT WHEN YOU ARE
2403     CONSIDERED INCAPABLE BY A COURT OR TWO PHYSICIANS. A revocation is
2404     effective when it is communicated to your attending physician or other provider; and

2405          (6) if there is anything in this document that you do not understand, you should ask an
2406     attorney to explain it to you. This declaration is not valid unless it is signed by two qualified
2407     witnesses who are personally known to you and who are present when you sign or
2408     acknowledge your signature.
2409          Section 45. Section 26B-5-316, which is renumbered from Section 62A-15-607 is
2410     renumbered and amended to read:
2411          [62A-15-607].      26B-5-316. Responsibility for cost of care.
2412          (1) The division shall estimate and determine, as nearly as possible, the actual expense
2413     per annum of caring for and maintaining a patient in the state hospital, and that amount or
2414     portion of that amount shall be assessed to and paid by the applicant, patient, spouse, parents,
2415     child or children who are of sufficient financial ability to do so, or by the guardian of the
2416     patient who has funds of the patient that may be used for that purpose.
2417          (2) In addition to the expenses described in Subsection (1), parents are responsible for
2418     the support of their child while the child is in the care of the state hospital pursuant to Title
2419     78B, Chapter 12, Utah Child Support Act, and [Title 62A, Chapter 11, Recovery Services]
2420     Title 26B, Chapter 9, Recovery Services and Administration of Child Support.
2421          Section 46. Section 26B-5-317, which is renumbered from Section 62A-15-617 is
2422     renumbered and amended to read:
2423          [62A-15-617].      26B-5-317. Expenses of voluntary patients.
2424          The expense for the care and treatment of voluntary patients shall be assessed to and
2425     paid in the same manner and to the same extent as is provided for involuntary patients under
2426     the provisions of Section [62A-15-607] 26B-5-316.
2427          Section 47. Section 26B-5-318, which is renumbered from Section 62A-15-619 is
2428     renumbered and amended to read:
2429          [62A-15-619].      26B-5-318. Liability of estate of person with a mental illness.
2430          The provisions made in this part for the support of persons with a mental illness at
2431     public expense do not release the estates of those persons from liability for their care and

2432     treatment, and the division is authorized and empowered to collect from the estates of those
2433     persons any sums paid by the state in their behalf.
2434          Section 48. Section 26B-5-319, which is renumbered from Section 62A-15-604 is
2435     renumbered and amended to read:
2436          [62A-15-604].      26B-5-319. Receipt of gift and personal property related to
2437     the transfer of persons from other institutions.
2438          (1) The division may take and hold by gift, devise, or bequest real and personal
2439     property required for the use of the state hospital. With the approval of the governor the
2440     division may convert that property that is not suitable for the state hospital's use into money or
2441     property that is suitable for the state hospital's use.
2442          (2) The state hospital is authorized to receive from any other institution within the
2443     department an individual committed to that institution, when a careful evaluation of the
2444     treatment needs of the individual and of the treatment programs available at the state hospital
2445     indicates that the transfer would be in the interest of that individual.
2446          (3) (a) For the purposes of this Subsection (3), "contributions" means gifts, grants,
2447     devises, and donations.
2448          (b) Notwithstanding the provisions of Subsection [62A-1-111] 26B-1-202(10), the
2449     state hospital is authorized to receive contributions and deposit the contributions into an
2450     interest-bearing restricted special revenue fund. The state treasurer may invest the fund, and all
2451     interest will remain in the fund.
2452          (c) (i) Single expenditures from the fund in amounts of $5,000 or less shall be
2453     approved by the superintendent.
2454          (ii) Single expenditures exceeding $5,000 must be preapproved by the superintendent
2455     and the division director.
2456          (iii) Expenditures described in this Subsection (3) shall be used for the benefit of
2457     patients at the state hospital.
2458          (d) Money and interest in the fund may not be used for items normally paid for by

2459     operating revenues or for items related to personnel costs without specific legislative
2460     authorization.
2461          Section 49. Section 26B-5-320, which is renumbered from Section 62A-15-621 is
2462     renumbered and amended to read:
2463          [62A-15-621].      26B-5-320. Trespass -- Disturbance -- Penalty.
2464          Any person who, without permission, enters any of the buildings or enclosures
2465     appropriated to the use of patients, or makes any attempt to do so, or enters anywhere upon the
2466     premises belonging to or used by the division, a local mental health authority, or the state
2467     hospital and commits, or attempts to commit, any trespass or depredation thereon, or any
2468     person who, either from within or without the enclosures, willfully annoys or disturbs the peace
2469     or quiet of the premises or of any patient therein, is guilty of a class B misdemeanor.
2470          Section 50. Section 26B-5-321, which is renumbered from Section 62A-15-622 is
2471     renumbered and amended to read:
2472          [62A-15-622].      26B-5-321. Abduction of patient -- Penalty.
2473          Any person who abducts a patient who is in the custody of a local mental health
2474     authority, or induces any patient to elope or escape from that custody, or attempts to do so, or
2475     aids or assists therein, is guilty of a class B misdemeanor, in addition to liability for damages,
2476     or subject to other criminal charges.
2477          Section 51. Section 26B-5-322, which is renumbered from Section 62A-15-623 is
2478     renumbered and amended to read:
2479          [62A-15-623].      26B-5-322. Criminal's escape -- Penalty.
2480          Any person committed to the state hospital under the provisions of Title 77, Chapter 15,
2481     Inquiry into Sanity of Defendant, or Chapter 16a, Commitment and Treatment of Persons with
2482     a Mental Illness, who escapes or leaves the state hospital without proper legal authority is
2483     guilty of a class A misdemeanor.
2484          Section 52. Section 26B-5-323, which is renumbered from Section 62A-15-624 is
2485     renumbered and amended to read:

2486          [62A-15-624].      26B-5-323. Violations of this part -- Penalty.
2487          Any person who willfully and knowingly violates any provision of this part, except
2488     where another penalty is provided by law, is guilty of a class C misdemeanor.
2489          Section 53. Section 26B-5-324, which is renumbered from Section 62A-15-608 is
2490     renumbered and amended to read:
2491          [62A-15-608].      26B-5-324. Local mental health authority -- Supervision and
2492     treatment of persons with a mental illness.
2493          (1) Each local mental health authority has responsibility for supervision and treatment
2494     of persons with a mental illness who have been committed to its custody under the provisions
2495     of this part, whether residing in the state hospital or elsewhere.
2496          (2) The division, in administering and supervising the security responsibilities of the
2497     state hospital under its authority provided by Section [62A-15-603] 26B-5-303, shall enforce
2498     Sections [62A-15-620 through 62A-15-624] 26B-5-320 through 26B-5-323 and Section
2499     26B-5-342 to the extent they pertain to the state hospital.
2500          Section 54. Section 26B-5-325, which is renumbered from Section 62A-15-609 is
2501     renumbered and amended to read:
2502          [62A-15-609].      26B-5-325. Responsibility for education of school-aged
2503     children at the hospital -- Responsibility for noninstructional services.
2504          (1) The State Board of Education is responsible for the education of school-aged
2505     children committed to the division.
2506          (2) In order to fulfill its responsibility under Subsection (1), the board may contract
2507     with local school districts or other appropriate agencies to provide educational and related
2508     administrative services.
2509          (3) Medical, residential, and other noninstructional services at the state hospital are the
2510     responsibility of the division.
2511          Section 55. Section 26B-5-326, which is renumbered from Section 62A-15-611 is
2512     renumbered and amended to read:

2513          [62A-15-611].      26B-5-326. Allocation of state hospital beds -- Formula.
2514          (1) As used in this section:
2515          (a) "Adult beds" means the total number of patient beds located in the adult general
2516     psychiatric unit and the geriatric unit at the state hospital, as determined by the superintendent
2517     of the state hospital.
2518          (b) "Mental health catchment area" means a county or group of counties governed by a
2519     local mental health authority.
2520          (2) (a) The division shall establish by rule a formula to separately allocate to local
2521     mental health authorities adult beds for persons who meet the requirements of Subsection
2522     [62A-15-610] 26B-5-306(2)(a). Beginning on May 10, 2011, and ending on June 30, 2011, 152
2523     beds shall be allocated to local mental health authorities under this section.
2524          (b) The number of beds shall be reviewed and adjusted as necessary:
2525          (i) on July 1, 2011, to restore the number of beds allocated to 212 beds as funding
2526     permits; and
2527          (ii) on July 1, 2011, and every three years after July 1, 2011, according to the state's
2528     population.
2529          (c) All population figures utilized shall reflect the most recent available population
2530     estimates from the Utah Population Committee.
2531          (3) The formula established under Subsection (2) shall provide for allocation of beds
2532     based on:
2533          (a) the percentage of the state's adult population located within a mental health
2534     catchment area; and
2535          (b) a differential to compensate for the additional demand for hospital beds in mental
2536     health catchment areas that are located in urban areas.
2537          (4) A local mental health authority may sell or loan its allocation of beds to another
2538     local mental health authority.
2539          (5) The division shall allocate adult beds at the state hospital to local mental health

2540     authorities for their use in accordance with the formula established under this section. If a local
2541     mental health authority is unable to access a bed allocated to it under the formula established
2542     under Subsection (2), the division shall provide that local mental health authority with funding
2543     equal to the reasonable, average daily cost of an acute care bed purchased by the local mental
2544     health authority.
2545          (6) The board shall periodically review and make changes in the formula established
2546     under Subsection (2) as necessary to accurately reflect changes in population.
2547          Section 56. Section 26B-5-327, which is renumbered from Section 62A-15-612 is
2548     renumbered and amended to read:
2549          [62A-15-612].      26B-5-327. Allocation of pediatric state hospital beds --
2550     Formula.
2551          (1) As used in this section:
2552          (a) "Mental health catchment area" means a county or group of counties governed by a
2553     local mental health authority.
2554          (b) "Pediatric beds" means the total number of patient beds located in the children's
2555     unit and the youth units at the state hospital, as determined by the superintendent of the state
2556     hospital.
2557          (2) On July 1, 1996, 72 pediatric beds shall be allocated to local mental health
2558     authorities under this section. The division shall review and adjust the number of pediatric beds
2559     as necessary every three years according to the state's population of persons under 18 years [of
2560     age] old. All population figures utilized shall reflect the most recent available population
2561     estimates from the Governor's Office of Planning and Budget.
2562          (3) The allocation of beds shall be based on the percentage of the state's population of
2563     persons under [the age of] 18 years old located within a mental health catchment area. Each
2564     community mental health center shall be allocated at least one bed.
2565          (4) A local mental health authority may sell or loan its allocation of beds to another
2566     local mental health authority.

2567          (5) The division shall allocate 72 pediatric beds at the state hospital to local mental
2568     health authorities for their use in accordance with the formula established under this section. If
2569     a local mental health authority is unable to access a bed allocated to it under that formula, the
2570     division shall provide that local mental health authority with funding equal to the reasonable,
2571     average daily cost of an acute care bed purchased by the local mental health authority.
2572          Section 57. Section 26B-5-330, which is renumbered from Section 62A-15-628 is
2573     renumbered and amended to read:
2574          [62A-15-628].      26B-5-330. Involuntary commitment -- Procedures.
2575          (1) An adult may not be involuntarily committed to the custody of a local mental health
2576     authority except under the following provisions:
2577          (a) emergency procedures for temporary commitment upon medical or designated
2578     examiner certification, as provided in Subsection [62A-15-629] 26B-5-331(1)(a);
2579          (b) emergency procedures for temporary commitment without endorsement of medical
2580     or designated examiner certification, as provided in Subsection [62A-15-629] 26B-5-331(1)(b);
2581     or
2582          (c) commitment on court order, as provided in Section [62A-15-631] 26B-5-332.
2583          (2) A person under 18 years [of age] old may be committed to the physical custody of a
2584     local mental health authority only in accordance with the provisions of [Part 7, Commitment of
2585     Persons Under Age 18 to Division of Substance Abuse and Mental Health] Part 4,
2586     Commitment of Persons Under Age 18.
2587          Section 58. Section 26B-5-331, which is renumbered from Section 62A-15-629 is
2588     renumbered and amended to read:
2589          [62A-15-629].      26B-5-331. Temporary commitment -- Requirements and
2590     procedures -- Rights.
2591          (1) An adult shall be temporarily, involuntarily committed to a local mental health
2592     authority upon:
2593          (a) a written application that:

2594          (i) is completed by a responsible individual who has reason to know, stating a belief
2595     that the adult, due to mental illness, is likely to pose substantial danger to self or others if not
2596     restrained and stating the personal knowledge of the adult's condition or circumstances that
2597     lead to the individual's belief; and
2598          (ii) includes a certification by a licensed physician, licensed physician assistant,
2599     licensed nurse practitioner, or designated examiner stating that the physician, physician
2600     assistant, nurse practitioner, or designated examiner has examined the adult within a three-day
2601     period immediately preceding the certification, and that the physician, physician assistant,
2602     nurse practitioner, or designated examiner is of the opinion that, due to mental illness, the adult
2603     poses a substantial danger to self or others; or
2604          (b) a peace officer or a mental health officer:
2605          (i) observing an adult's conduct that gives the peace officer or mental health officer
2606     probable cause to believe that:
2607          (A) the adult has a mental illness; and
2608          (B) because of the adult's mental illness and conduct, the adult poses a substantial
2609     danger to self or others; and
2610          (ii) completing a temporary commitment application that:
2611          (A) is on a form prescribed by the division;
2612          (B) states the peace officer's or mental health officer's belief that the adult poses a
2613     substantial danger to self or others;
2614          (C) states the specific nature of the danger;
2615          (D) provides a summary of the observations upon which the statement of danger is
2616     based; and
2617          (E) provides a statement of the facts that called the adult to the peace officer's or
2618     mental health officer's attention.
2619          (2) If at any time a patient committed under this section no longer meets the
2620     commitment criteria described in Subsection (1), the local mental health authority or the local

2621     mental health authority's designee shall document the change and release the patient.
2622          (3) (a) A patient committed under this section may be held for a maximum of 24 hours
2623     after commitment, excluding Saturdays, Sundays, and legal holidays, unless:
2624          (i) as described in Section [62A-15-631] 26B-5-332, an application for involuntary
2625     commitment is commenced, which may be accompanied by an order of detention described in
2626     Subsection [62A-15-631] 26B-5-332(4);
2627          (ii) the patient makes a voluntary application for admission; or
2628          (iii) before expiration of the 24 hour period, a licensed physician, licensed physician
2629     assistant, licensed nurse practitioner, or designated examiner examines the patient and certifies
2630     in writing that:
2631          (A) the patient, due to mental illness, poses a substantial danger to self or others;
2632          (B) additional time is necessary for evaluation and treatment of the patient's mental
2633     illness; and
2634          (C) there is no appropriate less-restrictive alternative to commitment to evaluate and
2635     treat the patient's mental illness.
2636          (b) A patient described in Subsection (3)(a)(iii) may be held for a maximum of 48
2637     hours after the 24 hour period described in Subsection (3)(a) expires, excluding Saturdays,
2638     Sundays, and legal holidays.
2639          (c) Subsection (3)(a)(iii) applies to an adult patient.
2640          (4) Upon a written application described in Subsection (1)(a) or the observation and
2641     belief described in Subsection (1)(b)(i), the adult shall be:
2642          (a) taken into a peace officer's protective custody, by reasonable means, if necessary for
2643     public safety; and
2644          (b) transported for temporary commitment to a facility designated by the local mental
2645     health authority, by means of:
2646          (i) an ambulance, if the adult meets any of the criteria described in Section [26-8a-305]
2647     26B-4-119;

2648          (ii) an ambulance, if a peace officer is not necessary for public safety, and
2649     transportation arrangements are made by a physician, physician assistant, nurse practitioner,
2650     designated examiner, or mental health officer;
2651          (iii) the city, town, or municipal law enforcement authority with jurisdiction over the
2652     location where the adult is present, if the adult is not transported by ambulance;
2653          (iv) the county sheriff, if the designated facility is outside of the jurisdiction of the law
2654     enforcement authority described in Subsection (4)(b)(iii) and the adult is not transported by
2655     ambulance; or
2656          (v) nonemergency secured behavioral health transport as that term is defined in Section
2657     [26-8a-102] 26B-4-101.
2658          (5) Notwithstanding Subsection (4):
2659          (a) an individual shall be transported by ambulance to an appropriate medical facility
2660     for treatment if the individual requires physical medical attention;
2661          (b) if an officer has probable cause to believe, based on the officer's experience and
2662     de-escalation training that taking an individual into protective custody or transporting an
2663     individual for temporary commitment would increase the risk of substantial danger to the
2664     individual or others, a peace officer may exercise discretion to not take the individual into
2665     custody or transport the individual, as permitted by policies and procedures established by the
2666     officer's law enforcement agency and any applicable federal or state statute, or case law; and
2667          (c) if an officer exercises discretion under Subsection (4)(b) to not take an individual
2668     into protective custody or transport an individual, the officer shall document in the officer's
2669     report the details and circumstances that led to the officer's decision.
2670          (6) (a) The local mental health authority shall inform an adult patient committed under
2671     this section of the reason for commitment.
2672          (b) An adult patient committed under this section has the right to:
2673          (i) within three hours after arrival at the local mental health authority, make a
2674     telephone call, at the expense of the local mental health authority, to an individual of the

2675     patient's choice; and
2676          (ii) see and communicate with an attorney.
2677          (7) (a) Title 63G, Chapter 7, Governmental Immunity Act of Utah, applies to this
2678     section.
2679          (b) This section does not create a special duty of care.
2680          Section 59. Section 26B-5-332, which is renumbered from Section 62A-15-631 is
2681     renumbered and amended to read:
2682          [62A-15-631].      26B-5-332. Involuntary commitment under court order --
2683     Examination -- Hearing -- Power of court -- Findings required -- Costs.
2684          (1) A responsible individual who has credible knowledge of an adult's mental illness
2685     and the condition or circumstances that have led to the adult's need to be involuntarily
2686     committed may initiate an involuntary commitment court proceeding by filing, in the [district]
2687     court in the county where the proposed patient resides or is found, a written application that
2688     includes:
2689          (a) unless the court finds that the information is not reasonably available, the proposed
2690     patient's:
2691          (i) name;
2692          (ii) date of birth; and
2693          (iii) social security number;
2694          (b) (i) a certificate of a licensed physician or a designated examiner stating that within
2695     the seven-day period immediately preceding the certification, the physician or designated
2696     examiner examined the proposed patient and is of the opinion that the proposed patient has a
2697     mental illness and should be involuntarily committed; or
2698          (ii) a written statement by the applicant that:
2699          (A) the proposed patient has been requested to, but has refused to, submit to an
2700     examination of mental condition by a licensed physician or designated examiner;
2701          (B) is sworn to under oath; and

2702          (C) states the facts upon which the application is based; and
2703          (c) a statement whether the proposed patient has previously been under an assisted
2704     outpatient treatment order, if known by the applicant.
2705          (2) Before issuing a judicial order, the court:
2706          (a) shall require the applicant to consult with the appropriate local mental health
2707     authority at or before the hearing; and
2708          (b) may direct a mental health professional from the local mental health authority to
2709     interview the applicant and the proposed patient to determine the existing facts and report the
2710     existing facts to the court.
2711          (3) The court may issue an order, directed to a mental health officer or peace officer, to
2712     immediately place a proposed patient in the custody of a local mental health authority or in a
2713     temporary emergency facility, as described in Section [62A-15-634] 26B-5-334, to be detained
2714     for the purpose of examination if:
2715          (a) the court finds from the application, any other statements under oath, or any reports
2716     from a mental health professional that there is a reasonable basis to believe that the proposed
2717     patient has a mental illness that poses a danger to self or others and requires involuntary
2718     commitment pending examination and hearing; or
2719          (b) the proposed patient refuses to submit to an interview with a mental health
2720     professional as directed by the court or to go to a treatment facility voluntarily.
2721          (4) (a) The court shall provide notice of commencement of proceedings for involuntary
2722     commitment, setting forth the allegations of the application and any reported facts, together
2723     with a copy of any official order of detention, to a proposed patient before, or upon, placement
2724     of the proposed patient in the custody of a local mental health authority or, with respect to any
2725     proposed patient presently in the custody of a local mental health authority whose status is
2726     being changed from voluntary to involuntary, upon the filing of an application for that purpose
2727     with the court.
2728          (b) The place of detention shall maintain a copy of the order of detention.

2729          (5) (a) The court shall provide notice of commencement of proceedings for involuntary
2730     commitment as soon as practicable to the applicant, any legal guardian, any immediate adult
2731     family members, legal counsel for the parties involved, the local mental health authority or the
2732     local mental health authority's designee, and any other persons whom the proposed patient or
2733     the court designates.
2734          (b) Except as provided in Subsection (5)(c), the notice under Subsection (5)(a) shall
2735     advise the persons that a hearing may be held within the time provided by law.
2736          (c) If the proposed patient refuses to permit release of information necessary for
2737     provisions of notice under this subsection, the court shall determine the extent of notice.
2738          (6) Proceedings for commitment of an individual under 18 years old to a local mental
2739     health authority may be commenced in accordance with [Part 7, Commitment of Persons Under
2740     Age 18 to Division of Substance Abuse and Mental Health] Part 4, Commitment of Persons
2741     Under Age 18.
2742          (7) (a) The [district] court may, in the [district] court's discretion, transfer the case to
2743     any other district court within this state, if the transfer will not be adverse to the interest of the
2744     proposed patient.
2745          (b) If a case is transferred under Subsection (7)(a), the parties to the case may be
2746     transferred and the local mental health authority may be substituted in accordance with Utah
2747     Rules of Civil Procedure, Rule 25.
2748          (8) Within 24 hours, excluding Saturdays, Sundays, and legal holidays, of the issuance
2749     of a judicial order, or after commitment of a proposed patient to a local mental health authority
2750     or the local mental health authority's designee under court order for detention or examination,
2751     the court shall appoint two designated examiners:
2752          (a) who did not sign the civil commitment application nor the civil commitment
2753     certification under Subsection (1);
2754          (b) one of whom is a licensed physician; and
2755          (c) one of whom may be designated by the proposed patient or the proposed patient's

2756     counsel, if that designated examiner is reasonably available.
2757          (9) The court shall schedule a hearing to be held within 10 calendar days after the day
2758     on which the designated examiners are appointed.
2759          (10) (a) The designated examiners shall:
2760          (i) conduct the examinations separately;
2761          (ii) conduct the examinations at the home of the proposed patient, at a hospital or other
2762     medical facility, or at any other suitable place, including through telehealth, that is not likely to
2763     have a harmful effect on the proposed patient's health;
2764          (iii) inform the proposed patient, if not represented by an attorney:
2765          (A) that the proposed patient does not have to say anything;
2766          (B) of the nature and reasons for the examination;
2767          (C) that the examination was ordered by the court;
2768          (D) that any information volunteered could form part of the basis for the proposed
2769     patient's involuntary commitment;
2770          (E) that findings resulting from the examination will be made available to the court;
2771     and
2772          (F) that the designated examiner may, under court order, obtain the proposed patient's
2773     mental health records; and
2774          (iv) within 24 hours of examining the proposed patient, report to the court, orally or in
2775     writing, whether the proposed patient is mentally ill, has agreed to voluntary commitment, as
2776     described in Section [62A-15-625] 26B-5-360, or has acceptable programs available to the
2777     proposed patient without court proceedings.
2778          (b) If a designated examiner reports orally under Subsection (10)(a), the designated
2779     examiner shall immediately send a written report to the clerk of the court.
2780          (11) If a designated examiner is unable to complete an examination on the first attempt
2781     because the proposed patient refuses to submit to the examination, the court shall fix a
2782     reasonable compensation to be paid to the examiner.

2783          (12) If the local mental health authority, the local mental health authority's designee, or
2784     a medical examiner determines before the court hearing that the conditions justifying the
2785     findings leading to a commitment hearing no longer exist, the local mental health authority, the
2786     local mental health authority's designee, or the medical examiner shall immediately report the
2787     determination to the court.
2788          (13) The court may terminate the proceedings and dismiss the application at any time,
2789     including before the hearing, if the designated examiners or the local mental health authority or
2790     the local mental health authority's designee informs the court that the proposed patient:
2791          (a) does not meet the criteria in Subsection (16);
2792          (b) has agreed to voluntary commitment, as described in Section [62A-15-625]
2793     26B-5-360;
2794          (c) has acceptable options for treatment programs that are available without court
2795     proceedings; or
2796          (d) meets the criteria for assisted outpatient treatment described in Section
2797     [62A-15-630.5] 26B-5-351.
2798          (14) (a) Before the hearing, the court shall provide the proposed patient an opportunity
2799     to be represented by counsel, and if neither the proposed patient nor others provide counsel, the
2800     court shall appoint counsel and allow counsel sufficient time to consult with the proposed
2801     patient before the hearing.
2802          (b) In the case of an indigent proposed patient, the county in which the proposed
2803     patient resides or is found shall make payment of reasonable attorney fees for counsel, as
2804     determined by the court.
2805          (15) (a) (i) The court shall afford the proposed patient, the applicant, and any other
2806     person to whom notice is required to be given an opportunity to appear at the hearing, to
2807     testify, and to present and cross-examine witnesses.
2808          (ii) The court may, in the court's discretion, receive the testimony of any other person.
2809          (iii) The court may allow a waiver of the proposed patient's right to appear for good

2810     cause, which cause shall be set forth in the record, or an informed waiver by the patient, which
2811     shall be included in the record.
2812          (b) The court is authorized to exclude any person not necessary for the conduct of the
2813     proceedings and may, upon motion of counsel, require the testimony of each designated
2814     examiner to be given out of the presence of any other designated examiners.
2815          (c) The court shall conduct the hearing in as informal a manner as may be consistent
2816     with orderly procedure, and in a physical setting that is not likely to have a harmful effect on
2817     the mental health of the proposed patient, while preserving the due process rights of the
2818     proposed patient.
2819          (d) The court shall consider any relevant historical and material information that is
2820     offered, subject to the rules of evidence, including reliable hearsay under [Rule 1102,] Utah
2821     Rules of Evidence, Rule 1102.
2822          (e) (i) A local mental health authority or the local mental health authority's designee or
2823     the physician in charge of the proposed patient's care shall, at the time of the hearing, provide
2824     the court with the following information:
2825          (A) the detention order;
2826          (B) admission notes;
2827          (C) the diagnosis;
2828          (D) any doctors' orders;
2829          (E) progress notes;
2830          (F) nursing notes;
2831          (G) medication records pertaining to the current commitment; and
2832          (H) whether the proposed patient has previously been civilly committed or under an
2833     order for assisted outpatient treatment.
2834          (ii) The information described in Subsection (15)(e)(i) shall also be supplied to the
2835     proposed patient's counsel at the time of the hearing, and at any time prior to the hearing upon
2836     request.

2837          (16) (a) The court shall order commitment of an adult proposed patient to a local
2838     mental health authority if, upon completion of the hearing and consideration of the information
2839     presented, the court finds by clear and convincing evidence that:
2840          (i) the proposed patient has a mental illness;
2841          (ii) because of the proposed patient's mental illness the proposed patient poses a
2842     substantial danger to self or others;
2843          (iii) the proposed patient lacks the ability to engage in a rational decision-making
2844     process regarding the acceptance of mental treatment as demonstrated by evidence of inability
2845     to weigh the possible risks of accepting or rejecting treatment;
2846          (iv) there is no appropriate less-restrictive alternative to a court order of commitment;
2847     and
2848          (v) the local mental health authority can provide the proposed patient with treatment
2849     that is adequate and appropriate to the proposed patient's conditions and needs.
2850          (b) (i) If, at the hearing, the court determines that the proposed patient has a mental
2851     illness but does not meet the other criteria described in Subsection (16)(a), the court may
2852     consider whether the proposed patient meets the criteria for assisted outpatient treatment under
2853     Section [62A-15-630.5] 26B-5-351.
2854          (ii) The court may order the proposed patient to receive assisted outpatient treatment in
2855     accordance with Section [62A-15-630.5] 26B-5-351 if, at the hearing, the court finds the
2856     proposed patient meets the criteria for assisted outpatient treatment under Section
2857     [62A-15-630.5] 26B-5-351.
2858          (iii) If the court determines that neither the criteria for commitment under Subsection
2859     (16)(a) nor the criteria for assisted outpatient treatment under Section [62A-15-630.5]
2860     26B-5-351 are met, the court shall dismiss the proceedings after the hearing.
2861          (17) (a) (i) The order of commitment shall designate the period for which the patient
2862     shall be treated.
2863          (ii) If the patient is not under an order of commitment at the time of the hearing, the

2864     patient's treatment period may not exceed six months without a review hearing.
2865          (iii) Upon a review hearing, to be commenced before the expiration of the previous
2866     order of commitment, an order for commitment may be for an indeterminate period, if the court
2867     finds by clear and convincing evidence that the criteria described in Subsection (16) will last
2868     for an indeterminate period.
2869          (b) (i) The court shall maintain a current list of all patients under the court's order of
2870     commitment and review the list to determine those patients who have been under an order of
2871     commitment for the court designated period.
2872          (ii) At least two weeks before the expiration of the designated period of any order of
2873     commitment still in effect, the court that entered the original order of commitment shall inform
2874     the appropriate local mental health authority or the local mental health authority's designee of
2875     the expiration.
2876          (iii) Upon receipt of the information described in Subsection (17)(b)(ii), the local
2877     mental health authority or the local mental health authority's designee shall immediately
2878     reexamine the reasons upon which the order of commitment was based.
2879          (iv) If, after reexamination under Subsection (17)(b)(iii), the local mental health
2880     authority or the local mental health authority's designee determines that the conditions
2881     justifying commitment no longer exist, the local mental health authority or the local mental
2882     health authority's designee shall discharge the patient from involuntary commitment and
2883     immediately report the discharge to the court.
2884          (v) If, after reexamination under Subsection (17)(b)(iii), the local mental health
2885     authority or the local mental health authority's designee determines that the conditions
2886     justifying commitment continue to exist, the court shall immediately appoint two designated
2887     examiners and proceed under Subsections (8) through (14).
2888          (c) (i) The local mental health authority or the local mental health authority's designee
2889     responsible for the care of a patient under an order of commitment for an indeterminate period
2890     shall, at six-month intervals, reexamine the reasons upon which the order of indeterminate

2891     commitment was based.
2892          (ii) If the local mental health authority or the local mental health authority's designee
2893     determines that the conditions justifying commitment no longer exist, the local mental health
2894     authority or the local mental health authority's designee shall discharge the patient from the
2895     local mental health authority's or the local mental health authority designee's custody and
2896     immediately report the discharge to the court.
2897          (iii) If the local mental health authority or the local mental health authority's designee
2898     determines that the conditions justifying commitment continue to exist, the local mental health
2899     authority or the local mental health authority's designee shall send a written report of the
2900     findings to the court.
2901          (iv) A patient and the patient's counsel of record shall be notified in writing that the
2902     involuntary commitment will be continued under Subsection (17)(c)(iii), the reasons for the
2903     decision to continue, and that the patient has the right to a review hearing by making a request
2904     to the court.
2905          (v) Upon receiving a request under Subsection (17)(c)(iv), the court shall immediately
2906     appoint two designated examiners and proceed under Subsections (8) through (14).
2907          (18) (a) Any patient committed as a result of an original hearing or a patient's legally
2908     designated representative who is aggrieved by the findings, conclusions, and order of the court
2909     entered in the original hearing has the right to a new hearing upon a petition filed with the court
2910     within 30 days after the day on which the court order is entered.
2911          (b) The petition shall allege error or mistake in the findings, in which case the court
2912     shall appoint three impartial designated examiners previously unrelated to the case to conduct
2913     an additional examination of the patient.
2914          (c) Except as provided in Subsection (18)(b), the court shall, in all other respects,
2915     conduct the new hearing in the manner otherwise permitted.
2916          (19) The county in which the proposed patient resides or is found shall pay the costs of
2917     all proceedings under this section.

2918          Section 60. Section 26B-5-333, which is renumbered from Section 62A-15-632 is
2919     renumbered and amended to read:
2920          [62A-15-632].      26B-5-333. Circumstances under which conditions justifying
2921     initial involuntary commitment shall be considered to continue to exist.
2922          (1) When an individual is involuntarily committed to the custody of a local mental
2923     health authority under Subsection [62A-15-631] 26B-5-332(16), the conditions justifying
2924     commitment under that Subsection shall be considered to continue to exist for purposes of
2925     continued treatment under Subsection [62A-15-631] 26B-5-332(17) or conditional release
2926     under Section [62A-15-637] 26B-5-337 if the court finds that:
2927          (a) the patient is still mentally ill;
2928          (b) there is no appropriate less restrictive alternative to a court order of involuntary
2929     commitment; and
2930          (c) absent an order of involuntary commitment, the patient will likely pose a substantial
2931     danger to self or others.
2932          (2) When an individual has been ordered to assisted outpatient treatment under
2933     Subsection [62A-15-630.5] 26B-5-351(14), the individual may be involuntarily committed to
2934     the custody of a local mental health authority under Subsection [62A-15-631] 26B-5-332(16)
2935     for purposes of continued treatment under Subsection [62A-15-631] 26B-5-332(17) or
2936     conditional release under Section [62A-15-637] 26B-5-337, if the court finds that:
2937          (a) the patient is still mentally ill;
2938          (b) there is no appropriate less-restrictive alternative to a court order of involuntary
2939     commitment; and
2940          (c) based upon the patient's conduct and statements during the preceding six months, or
2941     the patient's failure to comply with treatment recommendations during the preceding six
2942     months, the court finds that absent an order of involuntary commitment, the patient is likely to
2943     pose a substantial danger to self or others.
2944          (3) A patient whose treatment is continued or who is conditionally released under the

2945     terms of this section shall be maintained in the least restrictive environment available that can
2946     provide the patient with treatment that is adequate and appropriate.
2947          Section 61. Section 26B-5-334, which is renumbered from Section 62A-15-634 is
2948     renumbered and amended to read:
2949          [62A-15-634].      26B-5-334. Detention pending placement in custody.
2950          Pending commitment to a local mental health authority, a patient taken into custody or
2951     ordered to be committed pursuant to this part may be detained in the patient's home, a licensed
2952     foster home, or any other suitable facility under reasonable conditions prescribed by the local
2953     mental health authority. Except in an extreme emergency, the patient may not be detained in a
2954     nonmedical facility used for the detention of individuals charged with or convicted of criminal
2955     offenses. The local mental health authority shall take reasonable measures, including provision
2956     of medical care, as may be necessary to assure proper care of an individual temporarily
2957     detained pursuant to this section.
2958          Section 62. Section 26B-5-335, which is renumbered from Section 62A-15-635 is
2959     renumbered and amended to read:
2960          [62A-15-635].      26B-5-335. Notice of commitment.
2961          Whenever a patient has been temporarily, involuntarily committed to a local mental
2962     health authority under Section [62A-15-629] 26B-5-331 on the application of an individual
2963     other than the patient's legal guardian, spouse, or next of kin, the local mental health authority
2964     or a designee of the local mental health authority shall immediately notify the patient's legal
2965     guardian, spouse, or next of kin, if known.
2966          Section 63. Section 26B-5-336, which is renumbered from Section 62A-15-636 is
2967     renumbered and amended to read:
2968          [62A-15-636].      26B-5-336. Periodic review -- Discharge.
2969          Each local mental health authority or its designee shall, as frequently as practicable,
2970     examine or cause to be examined every person who has been committed to it. Whenever the
2971     local mental health authority or its designee determines that the conditions justifying

2972     involuntary commitment no longer exist, it shall discharge the patient. If the patient has been
2973     committed through judicial proceedings, a report describing that determination shall be sent to
2974     the clerk of the court where the proceedings were held.
2975          Section 64. Section 26B-5-337, which is renumbered from Section 62A-15-637 is
2976     renumbered and amended to read:
2977          [62A-15-637].      26B-5-337. Release of patient to receive other treatment --
2978     Placement in more restrictive environment -- Procedures.
2979          (1) A local mental health authority or a designee of a local mental health authority may
2980     conditionally release an improved patient to less restrictive treatment when:
2981          (a) the authority specifies the less restrictive treatment; and
2982          (b) the patient agrees in writing to the less restrictive treatment.
2983          (2) (a) Whenever a local mental health authority or a designee of a local mental health
2984     authority determines that the conditions justifying commitment no longer exist, the local
2985     mental health authority or the designee shall discharge the patient.
2986          (b) If the discharged patient has been committed through judicial proceedings, the local
2987     mental health authority or the designee shall prepare a report describing the determination and
2988     shall send the report to the clerk of the court where the proceedings were held.
2989          (3) (a) A local mental health authority or a designee of a local mental health authority
2990     is authorized to issue an order for the immediate placement of a current patient into a more
2991     restrictive environment, if:
2992          (i) the local mental health authority or a designee of a local mental health authority has
2993     reason to believe that the patient's current environment is aggravating the patient's mental
2994     illness; or
2995          (ii) the patient has failed to comply with the specified treatment plan to which the
2996     patient agreed in writing.
2997          (b) An order for a more restrictive environment shall:
2998          (i) state the reasons for the order;

2999          (ii) authorize any peace officer to take the patient into physical custody and transport
3000     the patient to a facility designated by the local mental health authority;
3001          (iii) inform the patient of the right to a hearing, the right to appointed counsel, and the
3002     other procedures described in Subsection [62A-15-631] 26B-5-332(14); and
3003          (iv) prior to or upon admission to the more restrictive environment, or upon imposition
3004     of additional or different requirements as conditions for continued conditional release from
3005     inpatient care, copies of the order shall be delivered to:
3006          (A) the patient;
3007          (B) the person in whose care the patient is placed;
3008          (C) the patient's counsel of record; and
3009          (D) the court that entered the original order of commitment.
3010          (c) If the patient was in a less restrictive environment for more than 30 days and is
3011     aggrieved by the change to a more restrictive environment, the patient or the patient's
3012     representative may request a hearing within 30 days of the change. Upon receiving the request,
3013     the court shall immediately appoint two designated examiners and proceed pursuant to Section
3014     [62A-15-631] 26B-5-332, with the exception of Subsection [62A-15-631] 26B-5-332(16),
3015     unless, by the time set for the hearing, the patient is returned to the less restrictive environment
3016     or the patient withdraws the request for a hearing, in writing.
3017          (d) The court shall:
3018          (i) make findings regarding whether the conditions described in Subsections (3)(a) and
3019     (b) were met and whether the patient is in the least restrictive environment that is appropriate
3020     for the patient's needs; and
3021          (ii) designate, by order, the environment for the patient's care and the period for which
3022     the patient shall be treated, which may not extend beyond expiration of the original order of
3023     commitment.
3024          (4) Nothing contained in this section prevents a local mental health authority or its
3025     designee, pursuant to Section [62A-15-636] 26B-5-336, from discharging a patient from

3026     commitment or from placing a patient in an environment that is less restrictive than that
3027     ordered by the court.
3028          Section 65. Section 26B-5-338, which is renumbered from Section 62A-15-638 is
3029     renumbered and amended to read:
3030          [62A-15-638].      26B-5-338. Reexamination of court order for commitment --
3031     Procedures -- Costs.
3032          (1) Any patient committed pursuant to Section [62A-15-631] 26B-5-332 is entitled to a
3033     reexamination of the order for commitment on the patient's own petition, or on that of the legal
3034     guardian, parent, spouse, relative, or friend, to the [district] court of the county in which the
3035     patient resides or is detained.
3036          (2) Upon receipt of the petition, the court shall conduct or cause to be conducted by a
3037     mental health commissioner proceedings in accordance with Section [62A-15-631] 26B-5-332,
3038     except that those proceedings shall not be required to be conducted if the petition is filed
3039     sooner than six months after the issuance of the order of commitment or the filing of a previous
3040     petition under this section, provided that the court may hold a hearing within a shorter period of
3041     time if good cause appears. The costs of proceedings for such judicial determination shall be
3042     paid by the county in which the patient resided or was found prior to commitment, upon
3043     certification, by the clerk of the [district] court in the county where the proceedings are held, to
3044     the county legislative body that those proceedings were held and the costs incurred.
3045          Section 66. Section 26B-5-339, which is renumbered from Section 62A-15-618 is
3046     renumbered and amended to read:
3047          [62A-15-618].      26B-5-339. Designated examiners.
3048          (1) A designated examiner shall consider a proposed patient's mental health history
3049     when evaluating a proposed patient.
3050          (2) A designated examiner may request a court order to obtain a proposed patient's
3051     mental health records if a proposed patient refuses to share this information with the designated
3052     examiner.

3053          (3) A designated examiner, when evaluating a proposed patient for civil commitment,
3054     shall consider whether:
3055          (a) a proposed patient has been under a court order for assisted outpatient treatment;
3056          (b) the proposed patient complied with the terms of the assisted outpatient treatment
3057     order, if any; and
3058          (c) whether assisted outpatient treatment is sufficient to meet the proposed patient's
3059     needs.
3060          (4) A designated examiner shall be allowed a reasonable fee by the county legislative
3061     body of the county in which the proposed patient resides or is found, unless the designated
3062     examiner is otherwise paid.
3063          Section 67. Section 26B-5-340, which is renumbered from Section 62A-15-630 is
3064     renumbered and amended to read:
3065          [62A-15-630].      26B-5-340. Mental health commissioners.
3066          The court may appoint a mental health commissioner to assist in conducting
3067     commitment proceedings in accordance with Section 78A-5-107.
3068          Section 68. Section 26B-5-341, which is renumbered from Section 62A-15-626 is
3069     renumbered and amended to read:
3070          [62A-15-626].      26B-5-341. Release from commitment.
3071          (1) (a) Subject to Subsection (1)(b), a local mental health authority or the mental health
3072     authority's designee shall release from commitment any individual who, in the opinion of the
3073     local mental health authority or the mental health authority's designee, has recovered or no
3074     longer meets the criteria specified in Section [62A-15-631] 26B-5-332.
3075          (b) A local mental health authority's inability to locate a committed individual may not
3076     be the basis for the individual's release, unless the court orders the release of the individual
3077     after a hearing.
3078          (2) A local mental health authority or the mental health authority's designee may
3079     release from commitment any patient whose commitment is determined to be no longer

3080     advisable except as provided by Section [62A-15-705] 26B-5-405, but an effort shall be made
3081     to assure that any further supportive services required to meet the patient's needs upon release
3082     will be provided.
3083          (3) When a patient has been committed to a local mental health authority by judicial
3084     process, the local mental health authority shall follow the procedures described in Sections
3085     [62A-15-636 and 62A-15-637] 26B-5-336 and 26B-5-337.
3086          Section 69. Section 26B-5-342, which is renumbered from Section 62A-15-620 is
3087     renumbered and amended to read:
3088          [62A-15-620].      26B-5-342. Attempt to commit person contrary to
3089     requirements -- Penalty.
3090          Any person who attempts to place another person in the custody of a local mental health
3091     authority contrary to the provisions of this part is guilty of a class B misdemeanor, in addition
3092     to liability in an action for damages, or subject to other criminal charges.
3093          Section 70. Section 26B-5-350, which is renumbered from Section 62A-15-630.4 is
3094     renumbered and amended to read:
3095          [62A-15-630.4].      26B-5-350. Assisted outpatient treatment services.
3096          (1) The local mental health authority or [its] the local mental health authority's
3097     designee shall provide assisted outpatient treatment, which shall include:
3098          (a) case management; and
3099          (b) an individualized treatment plan, created with input from the proposed patient
3100     when possible.
3101          (2) A court order for assisted outpatient treatment does not create independent
3102     authority to forcibly medicate a patient.
3103          Section 71. Section 26B-5-351, which is renumbered from Section 62A-15-630.5 is
3104     renumbered and amended to read:
3105          [62A-15-630.5].      26B-5-351. Assisted outpatient treatment proceedings.
3106          (1) A responsible individual who has credible knowledge of an adult's mental illness

3107     and the condition or circumstances that have led to the adult's need for assisted outpatient
3108     treatment may file, in the [district] court in the county where the proposed patient resides or is
3109     found, a written application that includes:
3110          (a) unless the court finds that the information is not reasonably available, the proposed
3111     patient's:
3112          (i) name;
3113          (ii) date of birth; and
3114          (iii) social security number; and
3115          (b) (i) a certificate of a licensed physician or a designated examiner stating that within
3116     the seven-day period immediately preceding the certification, the physician or designated
3117     examiner examined the proposed patient and is of the opinion that the proposed patient has a
3118     mental illness and should be involuntarily committed; or
3119          (ii) a written statement by the applicant that:
3120          (A) the proposed patient has been requested to, but has refused to, submit to an
3121     examination of mental condition by a licensed physician or designated examiner;
3122          (B) is sworn to under oath; and
3123          (C) states the facts upon which the application is based.
3124          (2) (a) Subject to Subsection (2)(b), before issuing a judicial order, the court may
3125     require the applicant to consult with the appropriate local mental health authority, and the court
3126     may direct a mental health professional from that local mental health authority to interview the
3127     applicant and the proposed patient to determine the existing facts and report them to the court.
3128          (b) The consultation described in Subsection (2)(a):
3129          (i) may take place at or before the hearing; and
3130          (ii) is required if the local mental health authority appears at the hearing.
3131          (3) If the proposed patient refuses to submit to an interview described in Subsection
3132     (2)(a) or an examination described in Subsection (8), the court may issue an order, directed to a
3133     mental health officer or peace officer, to immediately place the proposed patient into the

3134     custody of a local mental health authority or in a temporary emergency facility, as provided in
3135     Section [62A-15-634] 26B-5-334, to be detained for the purpose of examination.
3136          (4) Notice of commencement of proceedings for assisted outpatient treatment, setting
3137     forth the allegations of the application and any reported facts, together with a copy of any
3138     official order of detention, shall:
3139          (a) be provided by the court to a proposed patient before, or upon, placement into the
3140     custody of a local mental health authority or, with respect to any proposed patient presently in
3141     the custody of a local mental health authority;
3142          (b) be maintained at the proposed patient's place of detention, if any;
3143          (c) be provided by the court as soon as practicable to the applicant, any legal guardian,
3144     any immediate adult family members, legal counsel for the parties involved, the local mental
3145     health authority or its designee, and any other person whom the proposed patient or the court
3146     shall designate; and
3147          (d) advise that a hearing may be held within the time provided by law.
3148          (5) The [district] court may, in its discretion, transfer the case to any other [district]
3149     court within this state, provided that the transfer will not be adverse to the interest of the
3150     proposed patient.
3151          (6) Within 24 hours, excluding Saturdays, Sundays, and legal holidays, of the issuance
3152     of a judicial order, or after commitment of a proposed patient to a local mental health authority
3153     or its designee under court order for detention in order to complete an examination, the court
3154     shall appoint two designated examiners:
3155          (a) who did not sign the assisted outpatient treatment application nor the certification
3156     described in Subsection (1);
3157          (b) one of whom is a licensed physician; and
3158          (c) one of whom may be designated by the proposed patient or the proposed patient's
3159     counsel, if that designated examiner is reasonably available.
3160          (7) The court shall schedule a hearing to be held within 10 calendar days of the day on

3161     which the designated examiners are appointed.
3162          (8) The designated examiners shall:
3163          (a) conduct their examinations separately;
3164          (b) conduct the examinations at the home of the proposed patient, at a hospital or other
3165     medical facility, or at any other suitable place that is not likely to have a harmful effect on the
3166     proposed patient's health;
3167          (c) inform the proposed patient, if not represented by an attorney:
3168          (i) that the proposed patient does not have to say anything;
3169          (ii) of the nature and reasons for the examination;
3170          (iii) that the examination was ordered by the court;
3171          (iv) that any information volunteered could form part of the basis for the proposed
3172     patient to be ordered to receive assisted outpatient treatment; and
3173          (v) that findings resulting from the examination will be made available to the court;
3174     and
3175          (d) within 24 hours of examining the proposed patient, report to the court, orally or in
3176     writing, whether the proposed patient is mentally ill. If the designated examiner reports orally,
3177     the designated examiner shall immediately send a written report to the clerk of the court.
3178          (9) If a designated examiner is unable to complete an examination on the first attempt
3179     because the proposed patient refuses to submit to the examination, the court shall fix a
3180     reasonable compensation to be paid to the examiner.
3181          (10) If the local mental health authority, its designee, or a medical examiner determines
3182     before the court hearing that the conditions justifying the findings leading to an assisted
3183     outpatient treatment hearing no longer exist, the local mental health authority, its designee, or
3184     the medical examiner shall immediately report that determination to the court.
3185          (11) The court may terminate the proceedings and dismiss the application at any time,
3186     including prior to the hearing, if the designated examiners or the local mental health authority
3187     or its designee informs the court that the proposed patient does not meet the criteria in

3188     Subsection (14).
3189          (12) Before the hearing, an opportunity to be represented by counsel shall be afforded
3190     to the proposed patient, and if neither the proposed patient nor others provide counsel, the court
3191     shall appoint counsel and allow counsel sufficient time to consult with the proposed patient
3192     before the hearing. In the case of an indigent proposed patient, the payment of reasonable
3193     attorney fees for counsel, as determined by the court, shall be made by the county in which the
3194     proposed patient resides or is found.
3195          (13) (a) All persons to whom notice is required to be given shall be afforded an
3196     opportunity to appear at the hearing, to testify, and to present and cross-examine witnesses. The
3197     court may, in its discretion, receive the testimony of any other individual. The court may allow
3198     a waiver of the proposed patient's right to appear for good cause, which cause shall be set forth
3199     in the record, or an informed waiver by the patient, which shall be included in the record.
3200          (b) The court is authorized to exclude all individuals not necessary for the conduct of
3201     the proceedings and may, upon motion of counsel, require the testimony of each examiner to be
3202     given out of the presence of any other examiners.
3203          (c) The hearing shall be conducted in as informal a manner as may be consistent with
3204     orderly procedure, and in a physical setting that is not likely to have a harmful effect on the
3205     mental health of the proposed patient.
3206          (d) The court shall consider all relevant historical and material information that is
3207     offered, subject to the rules of evidence, including reliable hearsay under Rule 1102, Utah
3208     Rules of Evidence.
3209          (e) (i) A local mental health authority or its designee, or the physician in charge of the
3210     proposed patient's care shall, at the time of the hearing, provide the court with the following
3211     information:
3212          (A) the detention order, if any;
3213          (B) admission notes, if any;
3214          (C) the diagnosis, if any;

3215          (D) doctor's orders, if any;
3216          (E) progress notes, if any;
3217          (F) nursing notes, if any; and
3218          (G) medication records, if any.
3219          (ii) The information described in Subsection (13)(e)(i) shall also be provided to the
3220     proposed patient's counsel:
3221          (A) at the time of the hearing; and
3222          (B) at any time prior to the hearing, upon request.
3223          (14) The court shall order a proposed patient to assisted outpatient treatment if, upon
3224     completion of the hearing and consideration of the information presented, the court finds by
3225     clear and convincing evidence that:
3226          (a) the proposed patient has a mental illness;
3227          (b) there is no appropriate less-restrictive alternative to a court order for assisted
3228     outpatient treatment; and
3229          (c) (i) the proposed patient lacks the ability to engage in a rational decision-making
3230     process regarding the acceptance of mental health treatment, as demonstrated by evidence of
3231     inability to weigh the possible risks of accepting or rejecting treatment; or
3232          (ii) the proposed patient needs assisted outpatient treatment in order to prevent relapse
3233     or deterioration that is likely to result in the proposed patient posing a substantial danger to self
3234     or others.
3235          (15) The court may order the applicant or a close relative of the patient to be the
3236     patient's personal representative, as described in 45 C.F.R. Sec. 164.502(g), for purposes of the
3237     patient's mental health treatment.
3238          (16) In the absence of the findings described in Subsection (14), the court, after the
3239     hearing, shall dismiss the proceedings.
3240          (17) (a) The assisted outpatient treatment order shall designate the period for which the
3241     patient shall be treated, which may not exceed 12 months without a review hearing.

3242          (b) At a review hearing, the court may extend the duration of an assisted outpatient
3243     treatment order by up to 12 months, if:
3244          (i) the court finds by clear and convincing evidence that the patient meets the
3245     conditions described in Subsection (14); or
3246          (ii) (A) the patient does not appear at the review hearing;
3247          (B) notice of the review hearing was provided to the patient's last known address by the
3248     applicant described in Subsection (1) or by a local mental health authority; and
3249          (C) the patient has appeared in court or signed an informed waiver within the previous
3250     18 months.
3251          (c) The court shall maintain a current list of all patients under its order of assisted
3252     outpatient treatment.
3253          (d) At least two weeks prior to the expiration of the designated period of any assisted
3254     outpatient treatment order still in effect, the court that entered the original order shall inform
3255     the appropriate local mental health authority or its designee.
3256          (18) Costs of all proceedings under this section shall be paid by the county in which the
3257     proposed patient resides or is found.
3258          (19) A court may not hold an individual in contempt for failure to comply with an
3259     assisted outpatient treatment order.
3260          (20) As provided in Section 31A-22-651, a health insurance provider may not deny an
3261     insured the benefits of the insured's policy solely because the health care that the insured
3262     receives is provided under a court order for assisted outpatient treatment.
3263          Section 72. Section 26B-5-360, which is renumbered from Section 62A-15-625 is
3264     renumbered and amended to read:
3265          [62A-15-625].      26B-5-360. Voluntary admission of adults.
3266          (1) A local mental health authority, a designee of a local mental health authority, or
3267     another mental health facility may admit for observation, diagnosis, care, and treatment an
3268     adult who applies for voluntary admission and who has a mental illness or exhibits the

3269     symptoms of a mental illness.
3270          (2) No adult may be committed to a local mental health authority against that adult's
3271     will except as provided in this chapter.
3272          (3) An adult may be voluntarily admitted to a local mental health authority for
3273     treatment at the Utah State Hospital as a condition of probation or stay of sentence only after
3274     the requirements of Section 77-18-106 have been met.
3275          Section 73. Section 26B-5-361, which is renumbered from Section 62A-15-627 is
3276     renumbered and amended to read:
3277          [62A-15-627].      26B-5-361. Release of voluntary adult -- Exceptions.
3278          (1) Except as provided in Subsection (2), a mental health facility shall immediately
3279     release an adult patient:
3280          (a) who is voluntarily admitted, as described in Section [62A-15-625] 26B-5-360, and
3281     who requests release, verbally or in writing; or
3282          (b) whose release is requested in writing by the patient's legal guardian, parent, spouse,
3283     or adult next of kin.
3284          (2) (a) An adult patient's release under Subsection (1) may be conditioned upon the
3285     agreement of the patient, if:
3286          (i) the request for release is made by an individual other than the patient; or
3287          (ii) the admitting local mental health authority, the designee of the local mental health
3288     authority, or the admitting mental health facility has cause to believe that release of the patient
3289     would be unsafe for the patient or others.
3290          (b) (i) An adult patient's release may be postponed for up to 48 hours, excluding
3291     weekends and holidays, if the admitting local mental health authority, the designee of the local
3292     mental health authority, or the admitting mental health facility causes involuntary commitment
3293     proceedings to be commenced with the [district] court within the specified time period.
3294          (ii) The admitting local mental health authority, the designee of the local mental health
3295     authority, or the admitting mental health facility shall provide written notice of the

3296     postponement and the reasons for the postponement to the patient without undue delay.
3297          (3) A judicial proceeding for involuntary commitment may not be commenced with
3298     respect to a voluntary patient unless the patient requests release.
3299          Section 74. Section 26B-5-362, which is renumbered from Section 62A-15-646 is
3300     renumbered and amended to read:
3301          [62A-15-646].      26B-5-362. Commitment and care of criminally insane.
3302          Nothing contained in this part may be construed to alter or change the method presently
3303     employed for the commitment and care of the criminally insane as provided in Title 77,
3304     Chapter 15, Inquiry into Sanity of Defendant.
3305          Section 75. Section 26B-5-363, which is renumbered from Section 62A-15-616 is
3306     renumbered and amended to read:
3307          [62A-15-616].      26B-5-363. Persons entering state mentally ill.
3308          (1) A person who enters this state while mentally ill may be returned by a local mental
3309     health authority to the home of relatives or friends of that person with a mental illness, if
3310     known, or to a hospital in the state where that person with a mental illness is domiciled, in
3311     accordance with [Title 62A, Chapter 15, Part 8,] the Interstate Compact on Mental Health in
3312     Section 26B-5-365.
3313          (2) This section does not prevent commitment of persons who are traveling through or
3314     temporarily residing in this state.
3315          Section 76. Section 26B-5-364, which is renumbered from Section 62A-15-633 is
3316     renumbered and amended to read:
3317          [62A-15-633].      26B-5-364. Persons eligible for care or treatment by federal
3318     agency -- Continuing jurisdiction of state courts.
3319          (1) If an individual committed pursuant to Section [62A-15-631] 26B-5-332 is eligible
3320     for care or treatment by any agency of the United States, the court, upon receipt of a certificate
3321     from a United States agency, showing that facilities are available and that the individual is
3322     eligible for care or treatment therein, may order the individual to be placed in the custody of

3323     that agency for care.
3324          (2) When admitted to any facility or institution operated by a United States agency,
3325     within or without this state, the individual shall be subject to the rules and regulations of that
3326     agency.
3327          (3) The chief officer of any facility or institution operated by a United States agency
3328     and in which the individual is hospitalized, shall, with respect to that individual, be vested with
3329     the same powers as the superintendent or director of a mental health facility, regarding
3330     detention, custody, transfer, conditional release, or discharge of patients. Jurisdiction is
3331     retained in appropriate courts of this state at any time to inquire into the mental condition of an
3332     individual so hospitalized, and to determine the necessity for continuance of hospitalization,
3333     and every order of hospitalization issued pursuant to this section is so conditioned.
3334          Section 77. Section 26B-5-365, which is renumbered from Section 62A-15-801 is
3335     renumbered and amended to read:
3336          [62A-15-801].      26B-5-365. Interstate Compact on Mental Health -- Compact
3337     provisions.
3338          The Interstate Compact on Mental Health is hereby enacted and entered into with all
3339     other jurisdictions that legally join in the compact, which is, in form, substantially as follows:
3340     
INTERSTATE COMPACT ON MENTAL HEALTH

3341     
The contracting states solemnly agree that:

3342     
Article I

3343          The proper and expeditious treatment of the mentally ill can be facilitated by
3344     cooperative action, to the benefit of the patients, their families, and society as a whole. Further,
3345     the party states find that the necessity of and desirability of furnishing that care and treatment
3346     bears no primary relation to the residence or citizenship of the patient but that the controlling
3347     factors of community safety and humanitarianism require that facilities and services be made
3348     available for all who are in need of them. Consequently, it is the purpose of this compact and
3349     of the party states to provide the necessary legal and constitutional basis for commitment or

3350     other appropriate care and treatment of the mentally ill under a system that recognizes the
3351     paramount importance of patient welfare and to establish the responsibilities of the party states.
3352          The appropriate authority in this state for making determinations under this compact is
3353     the director of the division or his designee.
3354     
Article II

3355          As used in this compact:
3356          (1) "After-care" means care, treatment, and services provided to a patient on
3357     convalescent status or conditional release.
3358          (2) "Institution" means any hospital, program, or facility maintained by a party state or
3359     political subdivision for the care and treatment of persons with a mental illness.
3360          (3) "Mental illness" means a psychiatric disorder as defined by the current Diagnostic
3361     and Statistical Manual of Mental Disorders, that substantially impairs a person's mental,
3362     emotional, behavioral, or related functioning to such an extent that he requires care and
3363     treatment for his own welfare, the welfare of others, or the community.
3364          (4) "Patient" means any person subject to or eligible, as determined by the laws of the
3365     sending state, for institutionalization or other care, treatment, or supervision pursuant to the
3366     provisions of this compact and constitutional due process requirements.
3367          (5) "Receiving state" means a party state to which a patient is transported pursuant to
3368     the provisions of the compact or to which it is contemplated that a patient may be sent.
3369          (6) "Sending state" means a party state from which a patient is transported pursuant to
3370     the provisions of the compact or from which it is contemplated that a patient may be sent.
3371          (7) "State" means any state, territory, or possession of the United States, the District of
3372     Columbia, and the Commonwealth of Puerto Rico.
3373     
Article III

3374          (1) Whenever a person physically present in any party state is in need of
3375     institutionalization because of mental illness, he shall be eligible for care and treatment in an
3376     institution in that state, regardless of his residence, settlement, or citizenship qualifications.

3377          (2) Notwithstanding the provisions of Subsection (1) of this article, any patient may be
3378     transferred to an institution in another state whenever there are factors, based upon clinical
3379     determinations, indicating that the care and treatment of that patient would be facilitated or
3380     improved by that action. Any such institutionalization may be for the entire period of care and
3381     treatment or for any portion or portions thereof. The factors to be considered include the
3382     patient's full record with due regard for the location of the patient's family, the character of his
3383     illness and its probable duration, and other factors considered appropriate by authorities in the
3384     party state and the director of the division, or his designee.
3385          (3) No state is obliged to receive any patient pursuant to the provisions of Subsection
3386     (2) of this article unless the sending state has:
3387          (a) given advance notice of its intent to send the patient;
3388          (b) furnished all available medical and other pertinent records concerning the patient;
3389          (c) given the qualified medical or other appropriate clinical authorities of the receiving
3390     state an opportunity to examine the patient; and
3391          (d) determined that the receiving state agrees to accept the patient.
3392          (4) In the event that the laws of the receiving state establish a system of priorities for
3393     the admission of patients, an interstate patient under this compact shall receive the same
3394     priority as a local patient and shall be taken in the same order and at the same time that he
3395     would be taken if he were a local patient.
3396          (5) Pursuant to this compact, the determination as to the suitable place of
3397     institutionalization for a patient may be reviewed at any time and further transfer of the patient
3398     may be made as is deemed to be in the best interest of the patient, as determined by appropriate
3399     authorities in the receiving and sending states.
3400     
Article IV

3401          (1) Whenever, pursuant to the laws of the state in which a patient is physically present,
3402     it is determined that the patient should receive after-care or supervision, that care or
3403     supervision may be provided in the receiving state. If the medical or other appropriate clinical

3404     authorities who have responsibility for the care and treatment of the patient in the sending state
3405     believe that after-care in another state would be in the best interest of the patient and would not
3406     jeopardize the public safety, they shall request the appropriate authorities in the receiving state
3407     to investigate the desirability of providing the patient with after-care in the receiving state.
3408     That request for investigation shall be accompanied by complete information concerning the
3409     patient's intended place of residence and the identity of the person in whose charge the patient
3410     would be placed, the complete medical history of the patient, and other pertinent documents.
3411          (2) If the medical or other appropriate clinical authorities who have responsibility for
3412     the care and treatment of the patient in the sending state, and the appropriate authorities in the
3413     receiving state find that the best interest of the patient would be served, and if the public safety
3414     would not be jeopardized, the patient may receive after-care or supervision in the receiving
3415     state.
3416          (3) In supervising, treating, or caring for a patient on after-care pursuant to the terms of
3417     this article, a receiving state shall employ the same standards of visitation, examination, care,
3418     and treatment as for similar local patients.
3419     
Article V

3420          Whenever a dangerous or potentially dangerous patient escapes from an institution in
3421     any party state, that state shall promptly notify all appropriate authorities both within and
3422     without the jurisdiction of the escape in a manner reasonably calculated to facilitate the speedy
3423     apprehension of the escapee. Immediately upon the apprehension and identification of that
3424     patient, he shall be detained in the state where found, pending disposition in accordance with
3425     the laws of that state.
3426     
Article VI

3427          Accredited officers of any party state, upon the establishment of their authority and the
3428     identity of the patient, shall be permitted to transport any patient being moved pursuant to this
3429     compact through any and all states party to this compact, without interference.
3430     
Article VII


3431          (1) No person may be deemed a patient of more than one institution at any given time.
3432     Completion of transfer of any patient to an institution in a receiving state has the effect of
3433     making the person a patient of the institution in the receiving state.
3434          (2) The sending state shall pay all costs of and incidental to the transportation of any
3435     patient pursuant to this compact, but any two or more party states may, by making a specific
3436     agreement for that purpose, arrange for a different allocation of costs among themselves.
3437          (3) No provision of this compact may be construed to alter or affect any internal
3438     relationships among the departments, agencies, and officers of a party state, or between a party
3439     state and its subdivisions, as to the payment of costs or responsibilities.
3440          (4) Nothing in this compact may be construed to prevent any party state or any of its
3441     subdivisions from asserting any right against any person, agency, or other entity with regard to
3442     costs for which that party state or its subdivision may be responsible under this compact.
3443          (5) Nothing in this compact may be construed to invalidate any reciprocal agreement
3444     between a party state and a nonparty state relating to institutionalization, care, or treatment of
3445     the mentally ill, or any statutory authority under which those agreements are made.
3446     
Article VIII

3447          (1) Nothing in this compact may be construed to abridge, diminish, or in any way
3448     impair the rights, duties, and responsibilities of any patient's guardian on his own behalf or
3449     with respect to any patient for whom he serves, except that when the transfer of a patient to
3450     another jurisdiction makes advisable the appointment of a supplemental or substitute guardian,
3451     a court of competent jurisdiction in the receiving state may make supplemental or substitute
3452     appointments. In that case, the court that appointed the previous guardian shall, upon being
3453     advised of the new appointment and upon the satisfactory completion of accounting and other
3454     acts as the court may require, relieve the previous guardian of power and responsibility to
3455     whatever extent is appropriate in the circumstances.
3456          However, in the case of any patient having settlement in the sending state, a court of
3457     competent jurisdiction in the sending state has the sole discretion to relieve a guardian

3458     appointed by it or to continue his power and responsibility, as it deems advisable. The court in
3459     the receiving state may, in its discretion, confirm or reappoint the person or persons previously
3460     serving as guardian in the sending state in lieu of making a supplemental or substitute
3461     appointment.
3462          (2) The term "guardian" as used in Subsection (1) of this article includes any guardian,
3463     trustee, legal committee, conservator, or other person or agency however denominated, who is
3464     charged by law with power to act for the person or property of a patient.
3465     
Article IX

3466          (1) No provision of this compact except Article V applies to any person
3467     institutionalized while under sentence in a penal or correctional institution, while subject to
3468     trial on a criminal charge, or whose institutionalization is due to the commission of an offense
3469     for which, in the absence of mental illness, he would be subject to incarceration in a penal or
3470     correctional institution.
3471          (2) To every extent possible, it shall be the policy of party states that no patient be
3472     placed or detained in any prison, jail, or lockup, but shall, with all expedition, be taken to a
3473     suitable institutional facility for mental illness.
3474     
Article X

3475          (1) Each party state shall appoint a "compact administrator" who, on behalf of his state,
3476     shall act as general coordinator of activities under the compact in his state and receive copies of
3477     all reports, correspondence, and other documents relating to any patient processed under the
3478     compact by his state, either in the capacity of sending or receiving state. The compact
3479     administrator, or his designee, shall deal with all matters relating to the compact and patients
3480     processed under the compact. In this state the director of the division, or his designee shall act
3481     as the "compact administrator."
3482          (2) The compact administrators of the respective party states have power to promulgate
3483     reasonable rules and regulations as are necessary to carry out the terms and provisions of this
3484     compact. In this state, the division has authority to establish those rules in accordance with the

3485     Utah Administrative Rulemaking Act.
3486          (3) The compact administrator shall cooperate with all governmental departments,
3487     agencies, and officers in this state and its subdivisions in facilitating the proper administration
3488     of the compact and any supplementary agreement or agreements entered into by this state under
3489     the compact.
3490          (4) The compact administrator is hereby authorized and empowered to enter into
3491     supplementary agreements with appropriate officials of other states pursuant to Articles VII
3492     and XI of this compact. In the event that supplementary agreements require or contemplate the
3493     use of any institution or facility of this state or require or contemplate the provision of any
3494     service by this state, that agreement shall have no force unless approved by the director of the
3495     department or agency under whose jurisdiction the institution or facility is operated, or whose
3496     department or agency will be charged with the rendering of services.
3497          (5) The compact administrator may make or arrange for any payments necessary to
3498     discharge financial obligations imposed upon this state by the compact or by any
3499     supplementary agreement entered into under the compact.
3500     
Article XI

3501          Administrative authorities of any two or more party states may enter into supplementary
3502     agreements for the provision of any service or facility, or for the maintenance of any institution
3503     on a joint or cooperative basis whenever the states concerned find that those agreements will
3504     improve services, facilities, or institutional care and treatment of persons who are mentally ill.
3505     A supplementary agreement may not be construed to relieve a party state of any obligation that
3506     it otherwise would have under other provisions of this compact.
3507     
Article XII

3508          This compact has full force and effect in any state when it is enacted into law in that
3509     state. Thereafter, that state is a party to the compact with any and all states that have legally
3510     joined.
3511     
Article XIII


3512          A party state may withdraw from the compact by enacting a statute repealing the
3513     compact. Withdrawal takes effect one year after notice has been communicated officially and
3514     in writing to the compact administrators of all other party states. However, the withdrawal of a
3515     state does not change the status of any patient who has been sent to that state or sent out of that
3516     state pursuant to the compact.
3517     
Article XIV

3518          This compact shall be liberally construed so as to effectuate its purposes. The
3519     provisions of this compact are severable, and if any phrase, clause, sentence or provision is
3520     declared to be contrary to the constitution of the United States or the applicability to any
3521     government, agency, person, or circumstance is held invalid, the validity of the remainder of
3522     this compact and its applicability to any government, agency, person, or circumstance shall not
3523     be affected thereby. If this compact is held to be contrary to the constitution of any party state
3524     the compact shall remain in full force and effect as to the remaining states and in full force and
3525     effect as to the state affected as to all severable matters.
3526          Section 78. Section 26B-5-366, which is renumbered from Section 62A-15-802 is
3527     renumbered and amended to read:
3528          [62A-15-802].      26B-5-366. Interstate compact on mental health --
3529     Requirement of conformity with this chapter.
3530          All actions and proceedings taken under authority of this compact shall be in
3531     accordance with the procedures and constitutional requirements described in [Part 6, Utah State
3532     Hospital and Other Mental Health Facilities] this part.
3533          Section 79. Section 26B-5-367, which is renumbered from Section 62A-15-647 is
3534     renumbered and amended to read:
3535          [62A-15-647].      26B-5-367. Severability.
3536          If any one or more provision, section, subsection, sentence, clause, phrase, or word of
3537     this part, or the application thereof to any person or circumstance, is found to be
3538     unconstitutional the same is hereby declared to be severable and the balance of this part shall

3539     remain effective notwithstanding that unconstitutionality. The Legislature hereby declares that
3540     it would have passed this part, and each provision, section, subsection, sentence, clause, phrase,
3541     or word thereof, irrespective of the fact that any one or more provision, section, subsection,
3542     sentence, clause, phrase, or word be declared unconstitutional.
3543          Section 80. Section 26B-5-370, which is renumbered from Section 62A-15-901 is
3544     renumbered and amended to read:
3545          [62A-15-901].      26B-5-370. Establishment of the Utah Forensic Mental
3546     Health Facility.
3547          The Utah Forensic Mental Health Facility is hereby established and shall be located on
3548     state land on the campus of the Utah State Hospital in Provo, Utah County.
3549          Section 81. Section 26B-5-371, which is renumbered from Section 62A-15-902 is
3550     renumbered and amended to read:
3551          [62A-15-902].      26B-5-371. Utah Forensic Mental Health Facility -- Design
3552     and operation -- Security.
3553          (1) The forensic mental health facility is a secure treatment facility.
3554          (2) (a) The forensic mental health facility accommodates the following populations:
3555          (i) prison inmates displaying mental illness[, as defined in Section 62A-15-602,]
3556     necessitating treatment in a secure mental health facility;
3557          (ii) criminally adjudicated persons found guilty with a mental illness or guilty with a
3558     mental illness at the time of the offense undergoing evaluation for mental illness under Title
3559     77, Chapter 16a, Commitment and Treatment of Persons with a Mental Illness;
3560          (iii) criminally adjudicated persons undergoing evaluation for competency or found
3561     guilty with a mental illness or guilty with a mental illness at the time of the offense under Title
3562     77, Chapter 16a, Commitment and Treatment of Persons with a Mental Illness, who also have
3563     an intellectual disability;
3564          (iv) persons undergoing evaluation for competency or found by a court to be
3565     incompetent to proceed in accordance with Title 77, Chapter 15, Inquiry into Sanity of

3566     Defendant, or not guilty by reason of insanity under Title 77, Chapter 14, Defenses;
3567          (v) persons who are civilly committed to the custody of a local mental health authority
3568     in accordance with [Title 62A, Chapter 15, Part 6, Utah State Hospital and Other Mental
3569     Health Facilities] this part, and who may not be properly supervised by the Utah State Hospital
3570     because of a lack of necessary security, as determined by the superintendent or the
3571     superintendent's designee; and
3572          (vi) persons ordered to commit themselves to the custody of the [Division of Substance
3573     Abuse and Mental Health] division for treatment at the Utah State Hospital as a condition of
3574     probation or stay of sentence pursuant to Title 77, Chapter 18, The Judgment.
3575          (b) Placement of an offender in the forensic mental health facility under any category
3576     described in Subsection (2)(a)(ii), (iii), (iv), or (vi) shall be made on the basis of the offender's
3577     status as established by the court at the time of adjudication.
3578          (c) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
3579     department shall make rules providing for the allocation of beds to the categories described in
3580     Subsection (2)(a).
3581          (3) The department shall:
3582          (a) own and operate the forensic mental health facility;
3583          (b) provide and supervise administrative and clinical staff; and
3584          (c) provide security staff who are trained as psychiatric technicians.
3585          (4) Pursuant to Subsection [62A-15-603] 26B-5-303(3) the executive director shall
3586     designate individuals to perform security functions for the state hospital.
3587          Section 82. Section 26B-5-372, which is renumbered from Section 62A-15-605.5 is
3588     renumbered and amended to read:
3589          [62A-15-605.5].      26B-5-372. Admission of person in custody of Department of
3590     Corrections to state hospital -- Retransfer of person to Department of Corrections.
3591          (1) The executive director of the Department of Corrections may request the director to
3592     admit a person who is in the custody of the Department of Corrections to the state hospital, if

3593     the clinical director within the Department of Corrections finds that the inmate has mentally
3594     deteriorated to the point that admission to the state hospital is necessary to ensure adequate
3595     mental health treatment. In determining whether that inmate should be placed in the state
3596     hospital, the director of the division shall consider:
3597          (a) the mental health treatment needs of the inmate;
3598          (b) the treatment programs available at the state hospital; and
3599          (c) whether the inmate meets the requirements of Subsection [62A-15-610]
3600     26B-5-306(2).
3601          (2) If the director denies the admission of an inmate as requested by the clinical
3602     director within the Department of Corrections, the Board of Pardons and Parole shall determine
3603     whether the inmate will be admitted to the state hospital. The Board of Pardons and Parole
3604     shall consider:
3605          (a) the mental health treatment needs of the inmate;
3606          (b) the treatment programs available at the state hospital; and
3607          (c) whether the inmate meets the requirements of Subsection [62A-15-610]
3608     26B-5-306(2).
3609          (3) The state hospital shall receive any person in the custody of the Department of
3610     Corrections when ordered by either the director or the Board of Pardons and Parole, pursuant to
3611     Subsection (1) or (2). Any person so transferred to the state hospital shall remain in the custody
3612     of the Department of Corrections, and the state hospital shall act solely as the agent of the
3613     Department of Corrections.
3614          (4) Inmates transferred to the state hospital pursuant to this section shall be transferred
3615     back to the Department of Corrections through negotiations between the director and the
3616     director of the Department of Corrections. If agreement between the director and the director of
3617     the Department of Corrections cannot be reached, the Board of Pardons and Parole shall have
3618     final authority in determining whether a person will be transferred back to the Department of
3619     Corrections. In making that determination, that board shall consider:

3620          (a) the mental health treatment needs of the inmate;
3621          (b) the treatment programs available at the state hospital;
3622          (c) whether the person continues to meet the requirements of Subsection [62A-15-610]
3623     26B-5-306(2);
3624          (d) the ability of the state hospital to provide adequate treatment to the person, as well
3625     as safety and security to the public; and
3626          (e) whether, in the opinion of the director, in consultation with the clinical director of
3627     the state hospital, the person's treatment needs have been met.
3628          Section 83. Section 26B-5-380, which is renumbered from Section 62A-1-108.5 is
3629     renumbered and amended to read:
3630          [62A-1-108.5].      26B-5-380. Mental illness and intellectual disability
3631     examinations -- Responsibilities of the department.
3632          (1) In accomplishing the department's duties to conduct a competency evaluation under
3633     Title 77, Utah Code of Criminal Procedure, and a juvenile competency evaluation under
3634     Section 80-6-402, the department shall proceed as outlined in this section and within
3635     appropriations authorized by the Legislature.
3636          (2) When the department is ordered by a court to conduct a competency evaluation, the
3637     department shall designate a forensic evaluator, selected under Subsection (4), to evaluate the
3638     defendant in the defendant's current custody or status.
3639          (3) When the department is ordered by the juvenile court to conduct a juvenile
3640     competency evaluation under Section 80-6-402, the department shall:
3641          (a) designate an examiner selected pursuant to Subsection (4) to evaluate the minor;
3642     and
3643          (b) upon a finding of good cause and order of the court, designate a second examiner to
3644     evaluate the minor.
3645          (4) The department shall establish criteria, in consultation with the Commission on
3646     Criminal and Juvenile Justice, and shall contract with persons to conduct competency

3647     evaluations and juvenile competency evaluations under Subsections (2) and (3)(b). In making
3648     this selection, the department shall follow the provisions of Title 63G, Chapter 6a, Utah
3649     Procurement Code.
3650          (5) Nothing in this section prohibits the department, at the request of defense counsel
3651     or a prosecuting attorney in a criminal proceeding under Title 77, Utah Code of Criminal
3652     Procedure, and for good cause shown, from proposing a person who has not been previously
3653     selected under Subsection (4) to contract with the department to conduct the evaluation. In
3654     selecting that person, the criteria of the department established under Subsection (4) and the
3655     provisions of Title 63G, Chapter 6a, Utah Procurement Code, shall be met.
3656          Section 84. Section 26B-5-401, which is renumbered from Section 62A-15-701 is
3657     renumbered and amended to read:
3658     
Part 4. Commitment of Persons Under Age 18

3659          [62A-15-701].      26B-5-401. Definitions.
3660          [As] In addition to the definitions in Section 26B-5-301, as used in this part:
3661          (1) "Child" means a person under 18 years [of age] old.
3662          (2) "Commit" and "commitment" mean the transfer of physical custody in accordance
3663     with the requirements of this part.
3664          (3) "Legal custody" means:
3665          (a) the right to determine where and with whom the child shall live;
3666          (b) the right to participate in all treatment decisions and to consent or withhold consent
3667     for treatment in which a constitutionally protected liberty or privacy interest may be affected,
3668     including antipsychotic medication, electroshock therapy, and psychosurgery; and
3669          (c) the right to authorize surgery or other extraordinary medical care.
3670          (4) "Physical custody" means:
3671          (a) placement of a child in any residential or inpatient setting;
3672          (b) the right to physical custody of a child;
3673          (c) the right and duty to protect the child; and

3674          (d) the duty to provide, or insure that the child is provided with, adequate food,
3675     clothing, shelter, and ordinary medical care.
3676          (5) "Residential" means any out-of-home placement made by a local mental health
3677     authority, but does not include out-of-home respite care.
3678          (6) "Respite care" means temporary, periodic relief provided to parents or guardians
3679     from the daily care of children with serious emotional disorders for the limited time periods
3680     designated by the division.
3681          Section 85. Section 26B-5-402, which is renumbered from Section 62A-15-702 is
3682     renumbered and amended to read:
3683          [62A-15-702].      26B-5-402. Treatment and commitment of minors in the
3684     public mental health system.
3685          A child is entitled to due process proceedings, in accordance with the requirements of
3686     this part, whenever the child:
3687          (1) may receive or receives services through the public mental health system and is
3688     placed, by a local mental health authority, in a physical setting where his liberty interests are
3689     restricted, including residential and inpatient placements; or
3690          (2) receives treatment in which a constitutionally protected privacy or liberty interest
3691     may be affected, including the administration of antipsychotic medication, electroshock
3692     therapy, and psychosurgery.
3693          Section 86. Section 26B-5-403, which is renumbered from Section 62A-15-703 is
3694     renumbered and amended to read:
3695          [62A-15-703].      26B-5-403. Residential and inpatient settings -- Commitment
3696     proceeding -- Child in physical custody of local mental health authority.
3697          (1) A child may receive services from a local mental health authority in an inpatient or
3698     residential setting only after a commitment proceeding, for the purpose of transferring physical
3699     custody, has been conducted in accordance with the requirements of this section.
3700          (2) That commitment proceeding shall be initiated by a petition for commitment, and

3701     shall be a careful, diagnostic inquiry, conducted by a neutral and detached fact finder, pursuant
3702     to the procedures and requirements of this section. If the findings described in Subsection (4)
3703     exist, the proceeding shall result in the transfer of physical custody to the appropriate local
3704     mental health authority, and the child may be placed in an inpatient or residential setting.
3705          (3) The neutral and detached fact finder who conducts the inquiry:
3706          (a) shall be a designated examiner[, as defined in Section 62A-15-602]; and
3707          (b) may not profit, financially or otherwise, from the commitment or physical
3708     placement of the child in that setting.
3709          (4) Upon determination by a fact finder that the following circumstances clearly exist,
3710     the fact finder may order that the child be committed to the physical custody of a local mental
3711     health authority:
3712          (a) the child has a mental illness[, as defined in Section 62A-15-602];
3713          (b) the child demonstrates a reasonable fear of the risk of substantial danger to self or
3714     others;
3715          (c) the child will benefit from care and treatment by the local mental health authority;
3716     and
3717          (d) there is no appropriate less-restrictive alternative.
3718          (5) (a) The commitment proceeding before the neutral and detached fact finder shall be
3719     conducted in as informal manner as possible and in a physical setting that is not likely to have a
3720     harmful effect on the child.
3721          (b) The child, the child's parent or legal guardian, the petitioner, and a representative of
3722     the appropriate local mental health authority:
3723          (i) shall receive informal notice of the date and time of the proceeding; and
3724          (ii) may appear and address the petition for commitment.
3725          (c) The neutral and detached fact finder may, in the fact finder's discretion, receive the
3726     testimony of any other person.
3727          (d) The fact finder may allow a child to waive the child's right to be present at the

3728     commitment proceeding, for good cause shown. If that right is waived, the purpose of the
3729     waiver shall be made a matter of record at the proceeding.
3730          (e) At the time of the commitment proceeding, the appropriate local mental health
3731     authority, its designee, or the psychiatrist who has been in charge of the child's care prior to the
3732     commitment proceeding, shall provide the neutral and detached fact finder with the following
3733     information, as it relates to the period of current admission:
3734          (i) the petition for commitment;
3735          (ii) the admission notes;
3736          (iii) the child's diagnosis;
3737          (iv) physicians' orders;
3738          (v) progress notes;
3739          (vi) nursing notes; and
3740          (vii) medication records.
3741          (f) The information described in Subsection (5)(e) shall also be provided to the child's
3742     parent or legal guardian upon written request.
3743          (g) (i) The neutral and detached fact finder's decision of commitment shall state the
3744     duration of the commitment. Any commitment to the physical custody of a local mental health
3745     authority may not exceed 180 days. Prior to expiration of the commitment, and if further
3746     commitment is sought, a hearing shall be conducted in the same manner as the initial
3747     commitment proceeding, in accordance with the requirements of this section.
3748          (ii) At the conclusion of the hearing and subsequently in writing, when a decision for
3749     commitment is made, the neutral and detached fact finder shall inform the child and the child's
3750     parent or legal guardian of that decision and of the reasons for ordering commitment.
3751          (iii) The neutral and detached fact finder shall state in writing the basis of the decision,
3752     with specific reference to each of the criteria described in Subsection (4), as a matter of record.
3753          (6) A child may be temporarily committed for a maximum of 72 hours, excluding
3754     Saturdays, Sundays, and legal holidays, to the physical custody of a local mental health

3755     authority in accordance with the procedures described in Section [62A-15-629] 26B-5-331 and
3756     upon satisfaction of the risk factors described in Subsection (4). A child who is temporarily
3757     committed shall be released at the expiration of the 72 hours unless the procedures and findings
3758     required by this section for the commitment of a child are satisfied.
3759          (7) A local mental health authority shall have physical custody of each child committed
3760     to it under this section. The parent or legal guardian of a child committed to the physical
3761     custody of a local mental health authority under this section, retains legal custody of the child,
3762     unless legal custody has been otherwise modified by a court of competent jurisdiction. In cases
3763     when the Division of Child and Family Services or the Division of Juvenile Justice and Youth
3764     Services has legal custody of a child, that division shall retain legal custody for purposes of this
3765     part.
3766          (8) The cost of caring for and maintaining a child in the physical custody of a local
3767     mental health authority shall be assessed to and paid by the child's parents, according to their
3768     ability to pay. For purposes of this section, the Division of Child and Family Services or the
3769     Division of Juvenile Justice and Youth Services shall be financially responsible, in addition to
3770     the child's parents, if the child is in the legal custody of either of those divisions at the time the
3771     child is committed to the physical custody of a local mental health authority under this section,
3772     unless Medicaid regulation or contract provisions specify otherwise. The Office of Recovery
3773     Services shall assist those divisions in collecting the costs assessed pursuant to this section.
3774          (9) Whenever application is made for commitment of a minor to a local mental health
3775     authority under any provision of this section by a person other than the child's parent or
3776     guardian, the local mental health authority or its designee shall notify the child's parent or
3777     guardian. The parents shall be provided sufficient time to prepare and appear at any scheduled
3778     proceeding.
3779          (10) (a) Each child committed pursuant to this section is entitled to an appeal within 30
3780     days after any order for commitment. The appeal may be brought on the child's own petition or
3781     on petition of the child's parent or legal guardian, to the juvenile court in the district where the

3782     child resides or is currently physically located. With regard to a child in the custody of the
3783     Division of Child and Family Services or the Division of Juvenile Justice and Youth Services,
3784     the attorney general's office shall handle the appeal, otherwise the appropriate county attorney's
3785     office is responsible for appeals brought pursuant to this Subsection (10)(a).
3786          (b) Upon receipt of the petition for appeal, the court shall appoint a designated
3787     examiner previously unrelated to the case, to conduct an examination of the child in accordance
3788     with the criteria described in Subsection (4), and file a written report with the court. The court
3789     shall then conduct an appeal hearing to determine whether the findings described in Subsection
3790     (4) exist by clear and convincing evidence.
3791          (c) Prior to the time of the appeal hearing, the appropriate local mental health authority,
3792     its designee, or the mental health professional who has been in charge of the child's care prior
3793     to commitment, shall provide the court and the designated examiner for the appeal hearing with
3794     the following information, as it relates to the period of current admission:
3795          (i) the original petition for commitment;
3796          (ii) admission notes;
3797          (iii) diagnosis;
3798          (iv) physicians' orders;
3799          (v) progress notes;
3800          (vi) nursing notes; and
3801          (vii) medication records.
3802          (d) Both the neutral and detached fact finder and the designated examiner appointed for
3803     the appeal hearing shall be provided with an opportunity to review the most current
3804     information described in Subsection (10)(c) prior to the appeal hearing.
3805          (e) The child, the child's parent or legal guardian, the person who submitted the
3806     original petition for commitment, and a representative of the appropriate local mental health
3807     authority shall be notified by the court of the date and time of the appeal hearing. Those
3808     persons shall be afforded an opportunity to appear at the hearing. In reaching its decision, the

3809     court shall review the record and findings of the neutral and detached fact finder, the report of
3810     the designated examiner appointed pursuant to Subsection (10)(b), and may, in its discretion,
3811     allow or require the testimony of the neutral and detached fact finder, the designated examiner,
3812     the child, the child's parent or legal guardian, the person who brought the initial petition for
3813     commitment, or any other person whose testimony the court deems relevant. The court may
3814     allow the child to waive the right to appear at the appeal hearing, for good cause shown. If that
3815     waiver is granted, the purpose shall be made a part of the court's record.
3816          (11) Each local mental health authority has an affirmative duty to conduct periodic
3817     evaluations of the mental health and treatment progress of every child committed to its physical
3818     custody under this section, and to release any child who has sufficiently improved so that the
3819     criteria justifying commitment no longer exist.
3820          (12) (a) A local mental health authority or its designee, in conjunction with the child's
3821     current treating mental health professional may release an improved child to a less restrictive
3822     environment, as they determine appropriate. Whenever the local mental health authority or its
3823     designee, and the child's current treating mental health professional, determine that the
3824     conditions justifying commitment no longer exist, the child shall be discharged and released to
3825     the child's parent or legal guardian. With regard to a child who is in the physical custody of the
3826     State Hospital, the treating psychiatrist or clinical director of the State Hospital shall be the
3827     child's current treating mental health professional.
3828          (b) A local mental health authority or its designee, in conjunction with the child's
3829     current treating mental health professional, is authorized to issue a written order for the
3830     immediate placement of a child not previously released from an order of commitment into a
3831     more restrictive environment, if the local authority or its designee and the child's current
3832     treating mental health professional has reason to believe that the less restrictive environment in
3833     which the child has been placed is exacerbating the child's mental illness, or increasing the risk
3834     of harm to self or others.
3835          (c) The written order described in Subsection (12)(b) shall include the reasons for

3836     placement in a more restrictive environment and shall authorize any peace officer to take the
3837     child into physical custody and transport the child to a facility designated by the appropriate
3838     local mental health authority in conjunction with the child's current treating mental health
3839     professional. Prior to admission to the more restrictive environment, copies of the order shall
3840     be personally delivered to the child, the child's parent or legal guardian, the administrator of the
3841     more restrictive environment, or the administrator's designee, and the child's former treatment
3842     provider or facility.
3843          (d) If the child has been in a less restrictive environment for more than 30 days and is
3844     aggrieved by the change to a more restrictive environment, the child or the child's
3845     representative may request a review within 30 days of the change, by a neutral and detached
3846     fact finder as described in Subsection (3). The fact finder shall determine whether:
3847          (i) the less restrictive environment in which the child has been placed is exacerbating
3848     the child's mental illness or increasing the risk of harm to self or others; or
3849          (ii) the less restrictive environment in which the child has been placed is not
3850     exacerbating the child's mental illness or increasing the risk of harm to self or others, in which
3851     case the fact finder shall designate that the child remain in the less restrictive environment.
3852          (e) Nothing in this section prevents a local mental health authority or its designee, in
3853     conjunction with the child's current mental health professional, from discharging a child from
3854     commitment or from placing a child in an environment that is less restrictive than that
3855     designated by the neutral and detached fact finder.
3856          (13) Each local mental health authority or its designee, in conjunction with the child's
3857     current treating mental health professional shall discharge any child who, in the opinion of that
3858     local authority, or its designee, and the child's current treating mental health professional, no
3859     longer meets the criteria specified in Subsection (4), except as provided by Section
3860     [62A-15-705] 26B-5-405. The local authority and the mental health professional shall assure
3861     that any further supportive services required to meet the child's needs upon release will be
3862     provided.

3863          (14) Even though a child has been committed to the physical custody of a local mental
3864     health authority under this section, the child is still entitled to additional due process
3865     proceedings, in accordance with Section [62A-15-704] 26B-5-704, before any treatment that
3866     may affect a constitutionally protected liberty or privacy interest is administered. Those
3867     treatments include, but are not limited to, antipsychotic medication, electroshock therapy, and
3868     psychosurgery.
3869          Section 87. Section 26B-5-404, which is renumbered from Section 62A-15-704 is
3870     renumbered and amended to read:
3871          [62A-15-704].      26B-5-404. Invasive treatment -- Due process proceedings.
3872          (1) For purposes of this section, "invasive treatment" means treatment in which a
3873     constitutionally protected liberty or privacy interest may be affected, including antipsychotic
3874     medication, electroshock therapy, and psychosurgery.
3875          (2) The requirements of this section apply to all children receiving services or
3876     treatment from a local mental health authority, its designee, or its provider regardless of
3877     whether a local mental health authority has physical custody of the child or the child is
3878     receiving outpatient treatment from the local authority, its designee, or provider.
3879          (3) (a) The division shall promulgate rules, in accordance with Title 63G, Chapter 3,
3880     Utah Administrative Rulemaking Act, establishing due process procedures for children prior to
3881     any invasive treatment as follows:
3882          (i) with regard to antipsychotic medications, if either the parent or child disagrees with
3883     that treatment, a due process proceeding shall be held in compliance with the procedures
3884     established under this Subsection (3);
3885          (ii) with regard to psychosurgery and electroshock therapy, a due process proceeding
3886     shall be conducted pursuant to the procedures established under this Subsection (3), regardless
3887     of whether the parent or child agree or disagree with the treatment; and
3888          (iii) other possible invasive treatments may be conducted unless either the parent or
3889     child disagrees with the treatment, in which case a due process proceeding shall be conducted

3890     pursuant to the procedures established under this Subsection (3).
3891          (b) In promulgating the rules required by Subsection (3)(a), the division shall consider
3892     the advisability of utilizing an administrative law judge, court proceedings, a neutral and
3893     detached fact finder, and other methods of providing due process for the purposes of this
3894     section. The division shall also establish the criteria and basis for determining when invasive
3895     treatment should be administered.
3896          Section 88. Section 26B-5-405, which is renumbered from Section 62A-15-705 is
3897     renumbered and amended to read:
3898          [62A-15-705].      26B-5-405. Commitment proceedings in juvenile court --
3899     Criteria -- Custody.
3900          (1) (a) Subject to Subsection (1)(b), a commitment proceeding for a child may be
3901     commenced by filing a written application with the juvenile court of the county in which the
3902     child resides or is found, in accordance with the procedures described in Section [62A-15-631]
3903     26B-5-332.
3904          (b) A commitment proceeding under this section may be commenced only after a
3905     commitment proceeding under Section [62A-15-703] 26B-5-403 has concluded without the
3906     child being committed.
3907          (2) The juvenile court shall order commitment to the physical custody of a local mental
3908     health authority if, upon completion of the hearing and consideration of the record, the juvenile
3909     court finds by clear and convincing evidence that:
3910          (a) the child has a mental illness[, as defined in Section 62A-15-602];
3911          (b) the child demonstrates a risk of harm to the child or others;
3912          (c) the child is experiencing significant impairment in the child's ability to perform
3913     socially;
3914          (d) the child will benefit from the proposed care and treatment; and
3915          (e) there is no appropriate less restrictive alternative.
3916          (3) The juvenile court may not commit a child under Subsection (1) directly to the

3917     Utah State Hospital.
3918          (4) The local mental health authority has an affirmative duty to:
3919          (a) conduct periodic reviews of children committed to the local mental health
3920     authority's custody in accordance with this section; and
3921          (b) release any child who has sufficiently improved so that the local mental health
3922     authority, or the local mental authority's designee, determines that commitment is no longer
3923     appropriate.
3924          (5) If a child is committed to the custody of a local mental health authority, or the local
3925     mental health authority's designee, by the juvenile court, the local mental health authority, or
3926     the local mental health authority's designee, shall give the juvenile court written notice of the
3927     intention to release the child not fewer than five days before the day on which the child is
3928     released.
3929          Section 89. Section 26B-5-406, which is renumbered from Section 62A-15-706 is
3930     renumbered and amended to read:
3931          [62A-15-706].      26B-5-406. Parent advocate.
3932          The division shall establish the position of a parent advocate to assist parents of
3933     children with a mental illness who are subject to the procedures required by this part.
3934          Section 90. Section 26B-5-407, which is renumbered from Section 62A-15-707 is
3935     renumbered and amended to read:
3936          [62A-15-707].      26B-5-407. Confidentiality of information and records --
3937     Exceptions -- Penalty.
3938          (1) Notwithstanding the provisions of Title 63G, Chapter 2, Government Records
3939     Access and Management Act, all certificates, applications, records, and reports made for the
3940     purpose of this part that directly or indirectly identify a patient or former patient or an
3941     individual whose commitment has been sought under this part, shall be kept confidential and
3942     may not be disclosed by any person except as follows:
3943          (a) the individual identified consents after reaching 18 years [of age] old;

3944          (b) the child's parent or legal guardian consents;
3945          (c) disclosure is necessary to carry out any of the provisions of this part; or
3946          (d) a court may direct, upon its determination that disclosure is necessary for the
3947     conduct of proceedings before it, and that failure to make the disclosure would be contrary to
3948     the public interest.
3949          (2) A person who violates any provision of this section is guilty of a class B
3950     misdemeanor.
3951          Section 91. Section 26B-5-408, which is renumbered from Section 62A-15-708 is
3952     renumbered and amended to read:
3953          [62A-15-708].      26B-5-408. Mechanical restraints -- Clinical record.
3954          Mechanical restraints may not be applied to a child unless it is determined, by the local
3955     mental health authority or its designee in conjunction with the child's current treating mental
3956     health professional, that they are required by the needs of that child. Every use of a mechanical
3957     restraint and the reasons for that use shall be made a part of the child's clinical record, under the
3958     signature of the local mental health authority, its designee, and the child's current treating
3959     mental health professional.
3960          Section 92. Section 26B-5-409, which is renumbered from Section 62A-15-709 is
3961     renumbered and amended to read:
3962          [62A-15-709].      26B-5-409. Habeas corpus.
3963          Any child committed in accordance with Section [62A-15-703] 26B-5-403 is entitled to
3964     a writ of habeas corpus upon proper petition by himself or next of friend to the [district] court
3965     in the district in which he is detained.
3966          Section 93. Section 26B-5-410, which is renumbered from Section 62A-15-710 is
3967     renumbered and amended to read:
3968          [62A-15-710].      26B-5-410. Restrictions and limitations -- Civil rights and
3969     privileges.
3970          (1) Subject to the specific rules of the division, and except to the extent that the local

3971     mental health authority or its designee, in conjunction with the child's current treating mental
3972     health professional, determines that it is necessary for the welfare of the person to impose
3973     restrictions, every child committed to the physical custody of a local mental health authority
3974     under Section [62A-15-703] 26B-5-403 is entitled to:
3975          (a) communicate, by sealed mail or otherwise, with persons, including official
3976     agencies, inside or outside of the facility;
3977          (b) receive visitors; and
3978          (c) exercise his civil rights.
3979          (2) When any right of a child is limited or denied, the nature, extent, and reason for that
3980     limitation or denial shall be entered in the child's treatment record. Any continuing denial or
3981     limitation shall be reviewed every 30 days and shall also be entered in that treatment record.
3982     Notice of that continuing denial in excess of 30 days shall be sent to the division.
3983          (3) Notwithstanding any limitations authorized under this section on the right of
3984     communication, each child committed to the physical custody of a local mental health authority
3985     is entitled to communicate by sealed mail with his attorney, the local mental health authority,
3986     its designee, his current treating mental health professional, and the court, if commitment was
3987     court ordered. In no case may the child be denied a visit with the legal counsel or clergy of his
3988     choice.
3989          (4) Each local mental health authority shall provide appropriate and reasonable means
3990     and arrangements for informing children and their parents or legal guardians of their rights as
3991     provided in this part, and for assisting them in making and presenting requests for release.
3992          (5) All local mental health facilities shall post a statement, promulgated by the
3993     division, describing patient's rights under Utah law.
3994          Section 94. Section 26B-5-411, which is renumbered from Section 62A-15-711 is
3995     renumbered and amended to read:
3996          [62A-15-711].      26B-5-411. Standards for care and treatment.
3997          Every child is entitled to humane care and treatment and to medical care and treatment

3998     in accordance with the prevailing standards accepted in medical practice, psychiatric nursing
3999     practice, social work practice, and the practice of clinical psychology.
4000          Section 95. Section 26B-5-412, which is renumbered from Section 62A-15-712 is
4001     renumbered and amended to read:
4002          [62A-15-712].      26B-5-412. Responsibilities of the division.
4003          (1) The division shall ensure that the requirements of this part are met and applied
4004     uniformly by local mental health authorities across the state.
4005          (2) Because the division must, under Section [62A-15-103] 26B-5-102, contract with,
4006     review, approve, and oversee local mental health authority plans, and withhold funds from
4007     local mental health authorities and public and private providers for contract noncompliance or
4008     misuse of public funds, the division shall:
4009          (a) require each local mental health authority to submit its plan to the division by May
4010     1 of each year; and
4011          (b) conduct an annual program audit and review of each local mental health authority
4012     in the state, and its contract provider.
4013          (3) The annual audit and review described in Subsection (2)(b) shall, in addition to
4014     items determined by the division to be necessary and appropriate, include a review and
4015     determination regarding whether or not:
4016          (a) public funds allocated to local mental health authorities are consistent with services
4017     rendered and outcomes reported by it or its contract provider; and
4018          (b) each local mental health authority is exercising sufficient oversight and control over
4019     public funds allocated for mental health programs and services.
4020          (4) The Legislature may refuse to appropriate funds to the division if the division fails
4021     to comply with the procedures and requirements of this section.
4022          Section 96. Section 26B-5-413, which is renumbered from Section 62A-15-713 is
4023     renumbered and amended to read:
4024          [62A-15-713].      26B-5-413. Contracts with local mental health authorities --

4025     Provisions.
4026          When the division contracts with a local mental health authority to provide mental
4027     health programs and services in accordance with the provisions of this chapter and Title 17,
4028     Chapter 43, Part 3, Local Mental Health Authorities, it shall ensure that those contracts include
4029     at least the following provisions:
4030          (1) that an independent auditor shall conduct any audit of the local mental health
4031     authority or its contract provider's programs or services, pursuant to the provisions of Title 51,
4032     Chapter 2a, Accounting Reports from Political Subdivisions, Interlocal Organizations, and
4033     Other Local Entities Act;
4034          (2) in addition to the requirements described in Title 51, Chapter 2a, Accounting
4035     Reports from Political Subdivisions, Interlocal Organizations, and Other Local Entities Act, the
4036     division:
4037          (a) shall prescribe guidelines and procedures, in accordance with those formulated by
4038     the state auditor pursuant to Section 67-3-1, for auditing the compensation and expenses of
4039     officers, directors, and specified employees of the private contract provider, to assure the state
4040     that no personal benefit is gained from travel or other expenses; and
4041          (b) may prescribe specific items to be addressed by that audit, depending upon the
4042     particular needs or concerns relating to the local mental health authority or contract provider at
4043     issue;
4044          (3) the local mental health authority or its contract provider shall invite and include all
4045     funding partners in its auditor's pre- and exit conferences;
4046          (4) each member of the local mental health authority shall annually certify that he has
4047     received and reviewed the independent audit and has participated in a formal interview with the
4048     provider's executive officers;
4049          (5) requested information and outcome data will be provided to the division in the
4050     manner and within the timelines defined by the division;
4051          (6) all audit reports by state or county persons or entities concerning the local mental

4052     health authority or its contract provider shall be provided to the executive director of the
4053     department, the local mental health authority, and members of the contract provider's governing
4054     board; and
4055          (7) the local mental health authority or its contract provider will offer and provide
4056     mental health services to residents who are indigent and who meet state criteria for serious and
4057     persistent mental illness or severe emotional disturbance.
4058          Section 97. Section 26B-5-501, which is renumbered from Section 62A-15-1202 is
4059     renumbered and amended to read:
4060     
Part 5. Essential Treatment and Intervention

4061          [62A-15-1202].      26B-5-501. Definitions.
4062          [As] In addition to the definitions in Section 26B-5-301, as used in this part:
4063          (1) "Emergency, life saving treatment" means treatment that is:
4064          (a) provided at a licensed health care facility or licensed human services program;
4065          (b) provided by a licensed health care professional;
4066          (c) necessary to save the life of the patient; and
4067          (d) required due to the patient's:
4068          (i) use of an illegal substance; or
4069          (ii) excessive use or misuse of a prescribed medication.
4070          (2) "Essential treatment examiner" means:
4071          (a) a licensed physician, preferably a psychiatrist, who is designated by the division as
4072     specifically qualified by training or experience in the diagnosis of substance use disorder; or
4073          (b) a licensed mental health professional designated by the division as specially
4074     qualified by training and who has at least five years' continual experience in the treatment of
4075     substance use disorder.
4076          (3) "Relative" means an adult who is a spouse, parent, stepparent, grandparent, child,
4077     or sibling of an individual.
4078          (4) "Serious harm" means the individual, due to substance use disorder, is at serious

4079     risk of:
4080          (a) drug overdose;
4081          (b) suicide;
4082          (c) serious bodily self-injury;
4083          (d) serious bodily injury because the individual is incapable of providing the basic
4084     necessities of life, including food, clothing, or shelter; or
4085          (e) causing or attempting to cause serious bodily injury to another individual.
4086          (5) "Substance use disorder" means the same as that term is defined in the current
4087     edition of the Diagnostic and Statistical Manual of Mental Disorders published by the
4088     American Psychiatric Association.
4089          Section 98. Section 26B-5-502, which is renumbered from Section 62A-15-1201 is
4090     renumbered and amended to read:
4091          [62A-15-1201].      26B-5-502. Statement of legislative intent.
4092          To address the serious public health crisis of substance use disorder related deaths and
4093     life-threatening opioid addiction, and to allow and enable caring relatives to seek essential
4094     treatment and intervention, as may be necessary, on behalf of a sufferer of a substance use
4095     disorder, the Legislature enacts the Essential Treatment and Intervention Act.
4096          Section 99. Section 26B-5-503, which is renumbered from Section 62A-15-1203 is
4097     renumbered and amended to read:
4098          [62A-15-1203].      26B-5-503. Petition for essential treatment -- Contents --
4099     Commitment to pay.
4100          (1) A relative seeking essential treatment and intervention for a sufferer of a substance
4101     use disorder may file a petition with the [district] court of the county in which the sufferer of
4102     the substance use disorder resides or is found.
4103          (2) The petition shall include:
4104          (a) the respondent's:
4105          (i) legal name;

4106          (ii) date of birth, if known;
4107          (iii) social security number, if known; and
4108          (iv) residence and current location, if known;
4109          (b) the petitioner's relationship to the respondent;
4110          (c) the name and residence of the respondent's legal guardian, if any and if known;
4111          (d) a statement that the respondent:
4112          (i) is suffering from a substance use disorder; and
4113          (ii) if not treated for the substance use disorder presents a serious harm to self or
4114     others;
4115          (e) the factual basis for the statement described in Subsection (2)(d); and
4116          (f) at least one specified local substance abuse authority or approved treatment facility
4117     or program where the respondent may receive essential treatment.
4118          (3) Any petition filed under this section:
4119          (a) may be accompanied by proof of health insurance to provide for the respondent's
4120     essential treatment;
4121          (b) shall be accompanied by a binding commitment to pay, signed by the petitioner or
4122     another individual, obligating the petitioner or other individual to pay all treatment costs
4123     beyond those covered by the respondent's health insurance policy for court-ordered essential
4124     treatment for the respondent; and
4125          (c) may be accompanied by documentation of emergency, life saving treatment
4126     provided to the respondent.
4127          (4) Nothing in this section alters the contractual relationship between a health insurer
4128     and an insured individual.
4129          Section 100. Section 26B-5-504, which is renumbered from Section 62A-15-1204 is
4130     renumbered and amended to read:
4131          [62A-15-1204].      26B-5-504. Criteria for essential treatment and intervention.
4132          A [district] court shall order an individual to undergo essential treatment for a substance

4133     use disorder when the [district] court determines by clear and convincing evidence that the
4134     individual:
4135          (1) suffers from a substance use disorder;
4136          (2) can reasonably benefit from the essential treatment;
4137          (3) is unlikely to substantially benefit from a less-restrictive alternative treatment; and
4138          (4) presents a serious harm to self or others.
4139          Section 101. Section 26B-5-505, which is renumbered from Section 62A-15-1205 is
4140     renumbered and amended to read:
4141          [62A-15-1205].      26B-5-505. Proceeding for essential treatment -- Duties of
4142     court -- Disposition.
4143          (1) A [district] court shall review the assertions contained in the verified petition
4144     described in Section [62A-15-1203] 26B-5-503.
4145          (2) If the court determines that the assertions, if true, are sufficient to order the
4146     respondent to undergo essential treatment, the court shall:
4147          (a) set an expedited date for a time-sensitive hearing to determine whether the court
4148     should order the respondent to undergo essential treatment for a substance use disorder;
4149          (b) provide notice of:
4150          (i) the contents of the petition, including all assertions made;
4151          (ii) a copy of any order for detention or examination;
4152          (iii) the date of the hearing;
4153          (iv) the purpose of the hearing;
4154          (v) the right of the respondent to be represented by legal counsel; and
4155          (vi) the right of the respondent to request a preliminary hearing before submitting to an
4156     order for examination;
4157          (c) provide notice to:
4158          (i) the respondent;
4159          (ii) the respondent's guardian, if any; and

4160          (iii) the petitioner; and
4161          (d) subject to the right described in Subsection (2)(b)(vi), order the respondent to be
4162     examined before the hearing date:
4163          (i) by two essential treatment examiners; or
4164          (ii) by one essential treatment examiner, if documentation before the court
4165     demonstrates that the respondent received emergency, life saving treatment:
4166          (A) within 30 days before the day on which the petition for essential treatment and
4167     intervention was filed; or
4168          (B) during the pendency of the petition for essential treatment and intervention.
4169          (3) An essential treatment examiner shall examine the respondent to determine:
4170          (a) whether the respondent meets each of the criteria described in Section
4171     [62A-15-1204] 26B-5-504;
4172          (b) the severity of the respondent's substance use disorder, if any;
4173          (c) what forms of treatment would substantially benefit the respondent, if the examiner
4174     determines that the respondent has a substance use disorder; and
4175          (d) the appropriate duration for essential treatment, if essential treatment is
4176     recommended.
4177          (4) An essential treatment examiner shall certify the examiner's findings to the court
4178     within 24 hours after completion of the examination.
4179          (5) The court may, based upon the findings of an essential treatment examiner,
4180     terminate the proceedings and dismiss the petition.
4181          (6) The parties may, at any time, make a binding stipulation to an essential treatment
4182     plan and submit that plan to the court for court order.
4183          (7) At the hearing, the petitioner and the respondent may testify and may
4184     cross-examine witnesses.
4185          (8) If, upon completion of the hearing, the court finds that the criteria in Section
4186     [62A-15-1204] 26B-5-504 are met, the court shall order essential treatment for an initial period

4187     that:
4188          (a) does not exceed 360 days, subject to periodic review as provided in Section
4189     [62A-15-1206] 26B-5-507; and
4190          (b) (i) is recommended by an essential treatment examiner; or
4191          (ii) is otherwise agreed to at the hearing.
4192          (9) The court shall designate the facility for the essential treatment, as:
4193          (a) described in the petition;
4194          (b) recommended by an essential treatment examiner; or
4195          (c) agreed to at the hearing.
4196          (10) The court shall issue an order that includes the court's findings and the reasons for
4197     the court's determination.
4198          (11) The court may order the petitioner to be the respondent's personal representative,
4199     as described in 45 C.F.R. Sec. 164.502(g), for purposes of the respondent's essential treatment.
4200          Section 102. Section 26B-5-506, which is renumbered from Section 62A-15-1205.5 is
4201     renumbered and amended to read:
4202          [62A-15-1205.5].      26B-5-506. Failure to comply with court order.
4203          (1) The provisions of this section apply after a respondent has been afforded full due
4204     process rights, as provided in this Essential Treatment and Intervention Act, including notice,
4205     an opportunity to respond and appear at a hearing, and, as applicable, the court's finding that
4206     the evidence meets the clear and convincing standard, as described in Section [62A-15-1204]
4207     26B-5-504, for a court to order essential treatment and intervention.
4208          (2) When a respondent fails to comply with a court order issued under Subsection
4209     [62A-15-1205] 26B-5-505(2)(d) or (10), the court may:
4210          (a) find the respondent in contempt under Subsection 78B-6-301(5); and
4211          (b) issue a warrant of commitment under Section 78B-6-312.
4212          (3) When a peace officer executes a warrant issued under this section, the officer shall
4213     take the respondent into protective custody and transport the respondent to the location

4214     specified by the court.
4215          (4) Notwithstanding Subsection (3), if a peace officer determines through the peace
4216     officer's experience and training that taking the respondent into protective custody or
4217     transporting the respondent would increase the risk of substantial danger to the respondent or
4218     others, a peace officer may exercise discretion to not take the respondent into custody or
4219     transport the respondent, as permitted by policies and procedures established by the peace
4220     officer's law enforcement agency and any applicable federal or state statute, or case law.
4221          Section 103. Section 26B-5-507, which is renumbered from Section 62A-15-1206 is
4222     renumbered and amended to read:
4223          [62A-15-1206].      26B-5-507. Periodic review -- Discharge.
4224          A local substance abuse authority or an approved treatment facility or program that
4225     provides essential treatment shall:
4226          (1) at least every 90 days after the day on which a patient is admitted, unless a court
4227     orders otherwise, examine or cause to be examined a patient who has been ordered to receive
4228     essential treatment;
4229          (2) notify the patient and the patient's personal representative or guardian, if any, of the
4230     substance and results of the examination;
4231          (3) discharge an essential treatment patient if the examination determines that the
4232     conditions justifying essential treatment and intervention no longer exist; and
4233          (4) after discharging an essential treatment patient, send a report describing the reasons
4234     for discharge to the clerk of the court where the proceeding for essential treatment was held and
4235     to the patient's personal representative or guardian, if any.
4236          Section 104. Section 26B-5-508, which is renumbered from Section 62A-15-1207 is
4237     renumbered and amended to read:
4238          [62A-15-1207].      26B-5-508. Seventy-two-hour emergency treatment pending
4239     a final court order.
4240          (1) A court may order a respondent to be hospitalized for up to 72 hours if:

4241          (a) an essential treatment examiner has examined the respondent and certified that the
4242     respondent meets the criteria described in Section [62A-15-1204] 26B-5-504; and
4243          (b) the court finds by clear and convincing evidence that the respondent presents an
4244     imminent threat of serious harm to self or others as a result of a substance use disorder.
4245          (2) An individual who is admitted to a hospital under this section shall be released
4246     from the hospital within 72 hours after admittance, unless a treating physician or essential
4247     treatment examiner determines that the individual continues to pose an imminent threat of
4248     serious harm to self or others.
4249          (3) If a treating physician or essential treatment examiner makes the determination
4250     described in Subsection (2), the individual may be detained for as long as the threat of serious
4251     harm remains imminent, but not more than 10 days after the day on which the individual was
4252     hospitalized, unless a court orders otherwise.
4253          (4) A treating physician or an essential treatment examiner shall, as frequently as
4254     practicable, examine an individual hospitalized under this section and release the individual if
4255     it is determined that a threat of imminent serious harm no longer exists.
4256          Section 105. Section 26B-5-509, which is renumbered from Section 62A-15-1207.5 is
4257     renumbered and amended to read:
4258          [62A-15-1207.5].      26B-5-509. Emergency, life saving treatment -- Temporary
4259     personal representative.
4260          (1) When an individual receives emergency, life saving treatment:
4261          (a) a licensed health care professional, at the health care facility where the emergency,
4262     life saving treatment is provided, may ask the individual who, if anyone, may be contacted and
4263     informed regarding the individual's treatment;
4264          (b) a treating physician may hold the individual in the health care facility for up to 48
4265     hours, if the treating physician determines that the individual poses a serious harm to self or
4266     others; and
4267          (c) a relative of the individual may petition a court to be designated as the individual's

4268     personal representative, described in 45 C.F.R. Sec. 164.502(g), for the limited purposes of the
4269     individual's medical and mental health care related to a substance use disorder.
4270          (2) The petition described in Subsection (1)(c) shall include:
4271          (a) the respondent's:
4272          (i) legal name;
4273          (ii) date of birth, if known;
4274          (iii) social security number, if known; and
4275          (iv) residence and current location, if known;
4276          (b) the petitioner's relationship to the respondent;
4277          (c) the name and residence of the respondent's legal guardian, if any and if known;
4278          (d) a statement that the respondent:
4279          (i) is suffering from a substance use disorder; and
4280          (ii) has received, within the last 72 hours, emergency, life saving treatment;
4281          (e) the factual basis for the statement described in Subsection (2)(d); and
4282          (f) the name of any other individual, if any, who may be designated as the respondent's
4283     personal representative.
4284          (3) A court shall grant a petition for designation as a personal representative, ex parte,
4285     if it appears from the petition for designation as a court-designated personal representative that:
4286          (a) the respondent is suffering from a substance use disorder;
4287          (b) the respondent received emergency, life saving treatment within 10 days before the
4288     day on which the petition for designation as a personal representative is filed;
4289          (c) the petitioner is a relative of the respondent; and
4290          (d) no other individual is otherwise designated as the respondent's personal
4291     representative.
4292          (4) When a court grants, ex parte, a petition for designation as a personal
4293     representative, the court:
4294          (a) shall provide notice to the respondent;

4295          (b) shall order the petitioner to be the respondent's personal representative for 10 days
4296     after the day on which the court designates the petitioner as the respondent's personal
4297     representative; and
4298          (c) may extend the duration of the order:
4299          (i) for good cause shown, after the respondent has been notified and given a proper and
4300     sufficient opportunity to respond; or
4301          (ii) if the respondent consents to an extension.
4302          Section 106. Section 26B-5-510, which is renumbered from Section 62A-15-1208 is
4303     renumbered and amended to read:
4304          [62A-15-1208].      26B-5-510. Confidentiality.
4305          (1) The purpose of [Part 12, Essential Treatment and Intervention Act,] this part is to
4306     provide a process for essential treatment and intervention to save lives, preserve families, and
4307     reduce substance use disorder, including opioid addiction.
4308          (2) An essential treatment petition and any other document filed in connection with the
4309     petition for essential treatment is confidential and protected.
4310          (3) A hearing on an essential treatment petition is closed to the public, and only the
4311     following individuals and their legal counsel may be admitted to the hearing:
4312          (a) parties to the petition;
4313          (b) the essential treatment examiners who completed the court-ordered examination
4314     under Subsection [62A-15-1205] 26B-5-505(3);
4315          (c) individuals who have been asked to give testimony; and
4316          (d) individuals to whom notice of the hearing is required to be given under Subsection
4317     [62A-15-1205] 26B-5-505(2)(c).
4318          (4) Testimony, medical evaluations, the petition, and other documents directly related
4319     to the adjudication of the petition and presented to the court in the interest of the respondent
4320     may not be construed or applied as an admission of guilt to a criminal offense.
4321          (5) A court may, if applicable, enforce a previously existing warrant for a respondent or

4322     a warrant for a charge that is unrelated to the essential treatment petition filed under this part.
4323          Section 107. Section 26B-5-511, which is renumbered from Section 62A-15-1209 is
4324     renumbered and amended to read:
4325          [62A-15-1209].      26B-5-511. Essential treatment for substance use disorder --
4326     Rights of patient.
4327          All applicable rights guaranteed to a patient by Sections [62A-15-641 and 62A-15-642]
4328     26B-5-310 and 26B-5-311 shall be guaranteed to an individual who is ordered to undergo
4329     essential treatment for a substance use disorder.
4330          Section 108. Section 26B-5-601, which is renumbered from Section 62A-17-102 is
4331     renumbered and amended to read:
4332     
Part 6. Mental Health Intervention and Treatment Programs

4333          [62A-17-102].      26B-5-601. Definitions.
4334          As used in this [chapter] part:
4335          (1) "211" means the abbreviated dialing code assigned by the Federal Communications
4336     Commission for consumer access to community information and referral services.
4337          (2) "ACT team personnel" means a licensed psychiatrist or mental health therapist, or
4338     another individual, as determined by the division, who is part of an ACT team.
4339          [(2)] (3) "Approved 211 service provider" means a public or nonprofit agency or
4340     organization designated by the department to provide 211 services.
4341          (4) (a) "Assertive community treatment" means mental health services and on-site
4342     intervention that a person renders to an individual with a mental illness.
4343          (b) "Assertive community treatment" includes the provision of assessment and
4344     treatment plans, rehabilitation, support services, and referrals to other community resources.
4345          (5) "Assertive community treatment team" or "ACT team" means a mobile team of
4346     medical and mental health professionals that provides assertive community outreach treatment
4347     and, based on the individual circumstances of each case, coordinates with other medical
4348     providers and appropriate community resources.

4349          (6) "Mental health therapist" means the same as that term is defined in Section
4350     58-60-102.
4351          (7) "Mental illness" means the same as that term is defined in Section 26B-5-301.
4352          (8) "Psychiatrist" means the same as that term is defined in Section 26B-1-328.
4353          [(3)] (9) (a) "Utah 211" means an information and referral system that:
4354          (i) maintains a database of:
4355          (A) providers of health and human services; and
4356          (B) volunteer opportunities and coordinators throughout the state;
4357          (ii) assists individuals, families, and communities at no cost in identifying,
4358     understanding, and accessing the providers of health and human services; and
4359          (iii) works collaboratively with state agencies, local governments, community-based
4360     organizations, not-for-profit organizations, organizations active in disaster relief, and
4361     faith-based organizations.
4362          (b) "Utah 211" does not mean service provided by 911 and first responders.
4363          Section 109. Section 26B-5-602, which is renumbered from Section 62A-17-103 is
4364     renumbered and amended to read:
4365          [62A-17-103].      26B-5-602. Designated approved 211 service provider --
4366     Department responsibilities.
4367          (1) The department shall designate an approved 211 service provider to provide
4368     information to Utah citizens about health and human services available in the citizen's
4369     community.
4370          (2) Only a service provider approved by the department may provide 211 telephone
4371     services in this state.
4372          (3) The department shall approve a 211 service provider after considering the
4373     following:
4374          (a) the ability of the proposed 211 service provider to meet the national 211 standards
4375     recommended by the Alliance of Information and Referral Systems;

4376          (b) the financial stability of the proposed 211 service provider;
4377          (c) the community support for the proposed 211 service provider;
4378          (d) the relationship between the proposed 211 service provider and other information
4379     and referral services; and
4380          (e) other criteria as the department considers appropriate.
4381          (4) The department shall coordinate with the approved 211 service provider and other
4382     state and local agencies to ensure the joint development and maintenance of a statewide
4383     information database for use by the approved 211 service provider.
4384          Section 110. Section 26B-5-603, which is renumbered from Section 62A-17-104 is
4385     renumbered and amended to read:
4386          [62A-17-104].      26B-5-603. Utah 211 created -- Responsibilities.
4387          (1) The designated 211 service provider described in Section [62A-17-102] 26B-5-601
4388     shall be known as Utah 211.
4389          (2) Utah 211 shall, as appropriations allow:
4390          (a) by 2014:
4391          (i) provide the services described in this Subsection (2) 24 hours a day, seven days a
4392     week;
4393          (ii) abide by the key standards for 211 programs, as specified in the Standards for
4394     Professional Information and Referral Requirements for Alliance of Information Systems
4395     Accreditation and Operating 211 systems; and
4396          (iii) be a point of entry for disaster-related information and referral;
4397          (b) track types of calls received and referrals made;
4398          (c) develop, coordinate, and implement a statewide information and referral system
4399     that integrates existing community-based structures with state and local agencies;
4400          (d) provide information relating to:
4401          (i) health and human services; and
4402          (ii) volunteer opportunities;

4403          (e) create an online, searchable database to provide information to the public about the
4404     health and human services provided by public or private entities throughout the state, and
4405     ensure that:
4406          (i) the material on the searchable database is indexed:
4407          (A) geographically to inform an individual about the health and human services
4408     provided in the area where the individual lives; and
4409          (B) by type of service provided; and
4410          (ii) the searchable database contains links to the Internet sites of any local provider of
4411     health and human services, if possible, and include:
4412          (A) the name, address, and phone number of organizations providing health and human
4413     services in a county; and
4414          (B) a description of the type of services provided;
4415          (f) be responsible, in collaboration with state agencies, for raising community
4416     awareness about available health and human services; and
4417          (g) host meetings on a quarterly basis until calendar year 2014, and on a biannual basis
4418     beginning in 2014, to seek input and guidance from state agencies, local governments,
4419     community-based organizations, not-for-profit organizations, and faith-based organizations.
4420          Section 111. Section 26B-5-604, which is renumbered from Section 62A-17-105 is
4421     renumbered and amended to read:
4422          [62A-17-105].      26B-5-604. Other state agencies and local governments.
4423          (1) A state agency or local government institution that provides health and human
4424     services, or a public or private entity receiving state-appropriated funds to provide health and
4425     human services, shall provide Utah 211 with information, in a form determined by Utah 211,
4426     about the services the agency or entity provides for inclusion in the statewide information and
4427     referral system.
4428          (2) A state agency or local government institution that provides health and human
4429     services may not establish a new public telephone line or hotline, other than an emergency first

4430     responder hotline, to provide information or referrals unless the agency or institution first:
4431          (a) consults with Utah 211 about using the existing 211 to provide access to the
4432     information or referrals; and
4433          (b) assesses whether a new line or the existing 211 program would be more cost
4434     effective.
4435          (3) Nothing in this section prohibits a state agency or local government institution from
4436     starting a public telephone line or hotline in an emergency situation.
4437          (4) State agencies, local governments, community-based organizations, not-for-profit
4438     organizations, faith-based organizations, and businesses that engage in providing human
4439     services may contract with Utah 211 to provide specialized projects, including:
4440          (a) public health campaigns;
4441          (b) seasonal community services; and
4442          (c) expanded point of entry services.
4443          Section 112. Section 26B-5-605, which is renumbered from Section 62A-17-106 is
4444     renumbered and amended to read:
4445          [62A-17-106].      26B-5-605. Immunity from liability.
4446          (1) Except as provided in Subsection (2), Utah 211, its employees, directors, officers,
4447     and information specialists are not liable to any person in a civil action for injury or loss as a
4448     result of an act or omission of Utah 211, its employees, directors, officers, or information
4449     specialists, in connection with:
4450          (a) developing, adopting, implementing, maintaining, or operating the Utah 211
4451     system;
4452          (b) making Utah 211 available for use by the public; or
4453          (c) providing 211 services.
4454          (2) Utah 211, its employees, directors, officers, and information specialists shall be
4455     liable to any person in a civil action for an injury or loss resulting from willful or wanton
4456     misconduct.

4457          Section 113. Section 26B-5-606, which is renumbered from Section 62A-15-1802 is
4458     renumbered and amended to read:
4459          [62A-15-1802].      26B-5-606. Division duties -- ACT team license creation.
4460          (1) To promote the availability of assertive community treatment, the division shall
4461     make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
4462     that create a certificate for ACT team personnel and ACT teams, that includes:
4463          (a) the standards the division establishes under Subsection (2); and
4464          (b) guidelines for:
4465          (i) required training and experience of ACT team personnel; and
4466          (ii) the coordination of assertive community treatment and other community resources.
4467          (2) (a) The division shall:
4468          (i) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
4469     make rules that establish standards that an applicant is required to meet to qualify for the
4470     certifications described in Subsection (1); and
4471          (ii) create a statewide ACT team plan that:
4472          (A) identifies statewide assertive community treatment needs, objectives, and
4473     priorities; and
4474          (B) identifies the equipment, facilities, personnel training, and other resources
4475     necessary to provide assertive community treatment.
4476          (b) The division may delegate the ACT team plan requirement described in Subsection
4477     (2)(a)(ii) to a contractor with whom the division contracts to provide assertive community
4478     outreach treatment.
4479          Section 114. Section 26B-5-607, which is renumbered from Section 62A-15-1803 is
4480     renumbered and amended to read:
4481          [62A-15-1803].      26B-5-607. Grants for development of an ACT team.
4482          (1) The division shall award grants for the development of one ACT team to provide
4483     assertive community treatment to individuals in the state.

4484          (2) The division shall prioritize the award of a grant described in Subsection (1) to
4485     entities, based on:
4486          (a) the number of individuals the proposed ACT team will serve; and
4487          (b) the percentage of matching funds the entity will provide to develop the proposed
4488     ACT team.
4489          (3) An entity does not need to have resources already in place to be awarded a grant
4490     described in Subsection (1).
4491          (4) The division shall make rules, in accordance with Title 63G, Chapter 3, Utah
4492     Administrative Rulemaking Act, for the application and award of the grants described in
4493     Subsection (1).
4494          Section 115. Section 26B-5-608, which is renumbered from Section 62A-15-1804 is
4495     renumbered and amended to read:
4496          [62A-15-1804].      26B-5-608. Housing assistance program for individuals
4497     discharged from the Utah State Hospital and receiving assertive community treatment.
4498          (1) (a) The division shall, within funds appropriated by the Legislature for this purpose,
4499     implement and manage the operation of a housing assistance program in consultation with the
4500     Utah State Hospital, established in Section [62A-15-601] 26B-5-302, and one or more housing
4501     authorities, associations of governments, or nonprofit entities.
4502          (b) The housing assistance program shall provide the housing assistance described in
4503     Subsection (1)(c) to individuals:
4504          (i) who are discharged from the Utah State Hospital; and
4505          (ii) who the division determines would benefit from assertive community treatment.
4506          (c) The housing assistance provided under the housing assistance program may
4507     include:
4508          (i) subsidizing rent payments for housing;
4509          (ii) subsidizing the provision of temporary or transitional housing; or
4510          (iii) providing money for one-time housing barrier assistance, including rental housing

4511     application fees, utility hookup fees, or rental housing security deposits.
4512          (2) The division shall make rules, in accordance with Title 63G, Chapter 3, Utah
4513     Administrative Rulemaking Act, to establish procedures for the operation of the housing
4514     assistance program described in Subsection (1).
4515          (3) The division shall report to the Health and Human Services Interim Committee
4516     each year before November 30 regarding:
4517          (a) the entities the division consulted with under Subsection (1)(a);
4518          (b) the number of individuals who are benefitting from the housing assistance program
4519     described in Subsection (1);
4520          (c) the type of housing assistance provided under the housing assistance program
4521     described in Subsection (1);
4522          (d) the average monthly dollar amount provided to individuals under the housing
4523     assistance program described in Subsection (1); and
4524          (e) recommendations regarding improvements or changes to the housing assistance
4525     program described in Subsection (1).
4526          Section 116. Section 26B-5-609, which is renumbered from Section 62A-15-1402 is
4527     renumbered and amended to read:
4528          [62A-15-1402].      26B-5-609. Department and division duties -- MCOT license
4529     creation.
4530          (1) As used in this section:
4531          (a) "Commission" means the Behavioral Health Crisis Response Commission created
4532     in Section 63C-18-202.
4533          (b) "Emergency medical service personnel" means the same as that term is defined in
4534     Section 26B-4-101.
4535          (c) "Emergency medical services" means the same as that term is defined in Section
4536     26B-4-101.
4537          (d) "MCOT certification" means the certification created in this part for MCOT

4538     personnel and mental health crisis outreach services.
4539          (e) "MCOT personnel" means a licensed mental health therapist or other mental health
4540     professional, as determined by the division, who is a part of a mobile crisis outreach team.
4541          (f) "Mental health crisis" means a mental health condition that manifests itself by
4542     symptoms of sufficient severity that a prudent layperson who possesses an average knowledge
4543     of mental health issues could reasonably expect the absence of immediate attention or
4544     intervention to result in:
4545          (i) serious jeopardy to the individual's health or well-being; or
4546          (ii) a danger to others.
4547          (g) (i) "Mental health crisis services" means mental health services and on-site
4548     intervention that a person renders to an individual suffering from a mental health crisis.
4549          (ii) "Mental health crisis services" includes the provision of safety and care plans,
4550     stabilization services offered for a minimum of 60 days, and referrals to other community
4551     resources.
4552          (h) "Mental health therapist" means the same as that term is defined in Section
4553     58-60-102.
4554          (i) "Mobile crisis outreach team" or "MCOT" means a mobile team of medical and
4555     mental health professionals that provides mental health crisis services and, based on the
4556     individual circumstances of each case, coordinates with local law enforcement, emergency
4557     medical service personnel, and other appropriate state or local resources.
4558          [(1)] (2) To promote the availability of comprehensive mental health crisis services
4559     throughout the state, the division shall make rules, in accordance with Title 63G, Chapter 3,
4560     Utah Administrative Rulemaking Act, that create a certificate for MCOT personnel and
4561     MCOTs, including:
4562          (a) the standards the division establishes under Subsection [(2)] (3); and
4563          (b) guidelines for:
4564          (i) credit for training and experience; and

4565          (ii) the coordination of:
4566          (A) emergency medical services and mental health crisis services;
4567          (B) law enforcement, emergency medical service personnel, and mobile crisis outreach
4568     teams; and
4569          (C) temporary commitment in accordance with Section [62A-15-629] 26B-5-331.
4570          [(2)] (3) (a) With recommendations from the commission, the division shall:
4571          (i) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
4572     make rules that establish standards that an applicant is required to meet to qualify for the
4573     MCOT certification described in Subsection [(1)] (2); and
4574          (ii) create a statewide MCOT plan that:
4575          (A) identifies statewide mental health crisis services needs, objectives, and priorities;
4576     and
4577          (B) identifies the equipment, facilities, personnel training, and other resources
4578     necessary to provide mental health crisis services.
4579          (b) The division may delegate the MCOT plan requirement described in Subsection
4580     [(2)(a)(ii)] (3)(a)(ii) to a contractor with which the division contracts to provide mental health
4581     crisis services.
4582          Section 117. Section 26B-5-610, which is renumbered from Section 62A-15-1302 is
4583     renumbered and amended to read:
4584          [62A-15-1302].      26B-5-610. Contracts for statewide mental health crisis line
4585     and statewide warm line -- Crisis worker and certified peer support specialist
4586     qualification or certification -- Operational standards.
4587          (1) As used in this section:
4588          (a) "Certified peer support specialist" means an individual who:
4589          (i) meets the standards of qualification or certification that the division sets, in
4590     accordance with Subsection (3); and
4591          (ii) staffs the statewide warm line under the supervision of at least one mental health

4592     therapist.
4593          (b) "Commission" means the Behavioral Health Crisis Response Commission created
4594     in Section 63C-18-202.
4595          (c) "Crisis worker" means an individual who:
4596          (i) meets the standards of qualification or certification that the division sets, in
4597     accordance with Subsection (3); and
4598          (ii) staffs the statewide mental health crisis line, the statewide warm line, or a local
4599     mental health crisis line under the supervision of at least one mental health therapist.
4600          (d) "Local mental health crisis line" means a phone number or other response system
4601     that is:
4602          (i) accessible within a particular geographic area of the state; and
4603          (ii) intended to allow an individual to contact and interact with a qualified mental or
4604     behavioral health professional.
4605          (e) "Mental health crisis" means the same as that term is defined in Section 26B-5-609.
4606          (f) "Mental health therapist" means the same as that term is defined in Section
4607     58-60-102.
4608          (g) "Statewide mental health crisis line" means a statewide phone number or other
4609     response system that allows an individual to contact and interact with a qualified mental or
4610     behavioral health professional 24 hours per day, 365 days per year.
4611          (h) "Statewide warm line" means a statewide phone number or other response system
4612     that allows an individual to contact and interact with a qualified mental or behavioral health
4613     professional or a certified peer support specialist.
4614          [(1)] (2) (a) The division shall enter into a new contract or modify an existing contract
4615     to manage and operate, in accordance with this part, the statewide mental health crisis line and
4616     the statewide warm line.
4617          (b) Through the contracts described in Subsection [(1)(a)] (2)(a) and in consultation
4618     with the commission, the division shall set standards of care and practice for:

4619          (i) the mental health therapists and crisis workers who staff the statewide mental health
4620     crisis line; and
4621          (ii) the mental health therapists, crisis workers, and certified peer support specialists
4622     who staff the statewide warm line.
4623          [(2)] (3) (a) The division shall establish training and minimum standards for the
4624     qualification or certification of:
4625          (i) crisis workers who staff the statewide mental health crisis line, the statewide warm
4626     line, and local mental health crisis lines; and
4627          (ii) certified peer support specialists who staff the statewide warm line.
4628          (b) The division may make rules, in accordance with Title 63G, Chapter 3, Utah
4629     Administrative Rulemaking Act, necessary to establish the training and minimum standards
4630     described in Subsection [(2)(a)] (3)(a).
4631          (4) In consultation with the commission, the division shall ensure that:
4632          (a) the following individuals are available to staff and answer calls to the statewide
4633     mental health crisis line 24 hours per day, 365 days per calendar year:
4634          (i) mental health therapists; or
4635          (ii) crisis workers;
4636          (b) a sufficient amount of staff is available to ensure that when an individual calls the
4637     statewide mental health crisis line, regardless of the time, date, or number of individuals trying
4638     to simultaneously access the statewide mental health crisis line, an individual described in
4639     Subsection (4)(a) answers the call without the caller first:
4640          (i) waiting on hold; or
4641          (ii) being screened by an individual other than a mental health therapist or crisis
4642     worker;
4643          (c) the statewide mental health crisis line has capacity to accept all calls that local
4644     mental health crisis lines route to the statewide mental health crisis line;
4645          (d) the following individuals are available to staff and answer calls to the statewide

4646     warm line during the hours and days of operation set by the division under Subsection (5):
4647          (i) mental health therapists;
4648          (ii) crisis workers; or
4649          (iii) certified peer support specialists;
4650          (e) when an individual calls the statewide mental health crisis line, the individual's call
4651     may be transferred to the statewide warm line if the individual is not experiencing a mental
4652     health crisis; and
4653          (f) when an individual calls the statewide warm line, the individual's call may be
4654     transferred to the statewide mental health crisis line if the individual is experiencing a mental
4655     health crisis.
4656          (5) The division shall make rules, in accordance with Title 63G, Chapter 3, Utah
4657     Administrative Rulemaking Act, to establish the hours and days of operation for the statewide
4658     warm line.
4659          Section 118. Section 26B-5-611, which is renumbered from Section 62A-15-1101 is
4660     renumbered and amended to read:
4661          [62A-15-1101].      26B-5-611. Suicide prevention -- Reporting requirements.
4662          (1) As used in this section:
4663          (a) "Advisory Council" means the Utah Substance Use and Mental Health Advisory
4664     Council created in Section 63M-7-301.
4665          (b) "Bureau" means the Bureau of Criminal Identification created in Section 53-10-201
4666     within the Department of Public Safety.
4667          (c) "Coalition" means the Statewide Suicide Prevention Coalition created under
4668     Subsection (3).
4669          (d) "Coordinator" means the state suicide prevention coordinator appointed under
4670     Subsection (2).
4671          (e) "Fund" means the Governor's Suicide Prevention Fund created in Section
4672     26B-1-325.

4673          (f) "Intervention" means an effort to prevent a person from attempting suicide.
4674          (g) "Legal intervention" means an incident in which an individual is shot by another
4675     individual who has legal authority to use deadly force.
4676          (h) "Postvention" means intervention after a suicide attempt or a suicide death to
4677     reduce risk and promote healing.
4678          (i) "Shooter" means an individual who uses a gun in an act that results in the death of
4679     the actor or another individual, whether the act was a suicide, homicide, legal intervention, act
4680     of self-defense, or accident.
4681          [(1)] (2) The division shall appoint a state suicide prevention coordinator to administer
4682     a state suicide prevention program composed of suicide prevention, intervention, and
4683     postvention programs, services, and efforts.
4684          [(2)] (3) The coordinator shall:
4685          (a) establish a Statewide Suicide Prevention Coalition with membership from public
4686     and private organizations and Utah citizens; and
4687          (b) appoint a chair and co-chair from among the membership of the coalition to lead
4688     the coalition.
4689          [(3)] (4) The state suicide prevention program may include the following components:
4690          (a) delivery of resources, tools, and training to community-based coalitions;
4691          (b) evidence-based suicide risk assessment tools and training;
4692          (c) town hall meetings for building community-based suicide prevention strategies;
4693          (d) suicide prevention gatekeeper training;
4694          (e) training to identify warning signs and to manage an at-risk individual's crisis;
4695          (f) evidence-based intervention training;
4696          (g) intervention skills training;
4697          (h) postvention training; or
4698          (i) a public education campaign to improve public awareness about warning signs of
4699     suicide and suicide prevention resources.

4700          [(4)] (5) The coordinator shall coordinate with the following to gather statistics, among
4701     other duties:
4702          (a) local mental health and substance abuse authorities;
4703          (b) the State Board of Education, including the public education suicide prevention
4704     coordinator described in Section 53G-9-702;
4705          [(c) the Department of Health;]
4706          (c) applicable divisions and offices within the department;
4707          (d) health care providers, including emergency rooms;
4708          (e) federal agencies, including the Federal Bureau of Investigation;
4709          (f) other unbiased sources; and
4710          (g) other public health suicide prevention efforts.
4711          [(5)] (6) The coordinator shall provide a written report to the Health and Human
4712     Services Interim Committee, at or before the October meeting every year, on:
4713          (a) implementation of the state suicide prevention program, as described in Subsections
4714     [(1) and (3)] (2) and (4);
4715          (b) data measuring the effectiveness of each component of the state suicide prevention
4716     program;
4717          (c) funds appropriated for each component of the state suicide prevention program; and
4718          (d) five-year trends of suicides in Utah, including subgroups of youths and adults and
4719     other subgroups identified by the state suicide prevention coordinator.
4720          [(6)] (7) The coordinator shall, in consultation with the bureau, implement and manage
4721     the operation of the firearm safety program described in Subsection [62A-15-103]
4722     26B-5-102(3).
4723          [(7)] (8) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking
4724     Act, the division shall make rules:
4725          (a) governing the implementation of the state suicide prevention program, consistent
4726     with this section; and

4727          (b) in conjunction with the bureau, defining the criteria for employers to apply for
4728     grants under the Suicide Prevention Education Program described in Section [62A-15-103.1]
4729     26B-5-110, which shall include:
4730          (i) attendance at the suicide prevention education course described in Subsection
4731     [62A-15-103] 26B-5-102(3); and
4732          (ii) distribution of the firearm safety brochures or packets created in Subsection
4733     [62A-15-103] 26B-5-102(3), but does not require the distribution of a cable-style gun lock with
4734     a firearm if the firearm already has a trigger lock or comparable safety mechanism.
4735          [(8)] (9) As funding by the Legislature allows, the coordinator shall award grants, not
4736     to exceed a total of $100,000 per fiscal year, to suicide prevention programs that focus on the
4737     needs of children who have been served by the Division of Juvenile Justice and Youth
4738     Services.
4739          [(9)] (10) The coordinator and the coalition shall submit to the advisory council, no
4740     later than October 1 each year, a written report detailing the previous fiscal year's activities to
4741     fund, implement, and evaluate suicide prevention activities described in this section.
4742          Section 119. Section 26B-5-612, which is renumbered from Section 26-1-43 is
4743     renumbered and amended to read:
4744          [26-1-43].      26B-5-612. Integrated behavioral health care grant program.
4745          (1) As used in this section:
4746          (a) "Integrated behavioral health care services" means coordinated physical and
4747     behavioral health care services for one patient.
4748          (b) "Local mental health authority" means a local mental health authority described in
4749     Section 17-43-301.
4750          (c) "Project" means a project described in Subsection (2).
4751          (2) Before July 1 of each year, the department shall issue a request for proposals in
4752     accordance with this section to award a grant to a local mental health authority for development
4753     or expansion of a project to provide effective delivery of integrated behavioral health care

4754     services.
4755          (3) To be considered for a grant award under Subsection (2), a local mental health
4756     authority shall submit an application to the department that:
4757          (a) explains the benefits of integrated behavioral health care services to a patient who is
4758     receiving mental health or substance use disorder treatment;
4759          (b) describes the local mental health authority's operational plan for delivery of
4760     integrated behavioral health care services under the proposed project and any data or
4761     evidence-based practices supporting the likely success of the operational plan;
4762          (c) includes:
4763          (i) the number of patients to be served by the local mental health authority's proposed
4764     project; and
4765          (ii) the cost of the local mental health authority's proposed project; and
4766          (d) provides details regarding:
4767          (i) any plan to use funding sources in addition to the grant award under this section for
4768     the local mental health authority's proposed project;
4769          (ii) any existing or planned contracts or partnerships between the local mental health
4770     authority and other individuals or entities to develop or implement the local mental health
4771     authority's proposed project; and
4772          (iii) the sustainability and reliability of the local mental health authority's proposed
4773     project.
4774          (4) In evaluating a local mental health authority's application under Subsection (3) to
4775     determine the grant award under Subsection (2), the department shall consider:
4776          (a) how the local mental health authority's proposed project will ensure effective
4777     provision of integrated behavioral health care services;
4778          (b) the cost of the local mental health authority's proposed project;
4779          (c) the extent to which any existing or planned contracts or partnerships or additional
4780     funding sources described in the local mental health authority's application are likely to benefit

4781     the proposed project; and
4782          (d) the sustainability and reliability of the local mental health authority's proposed
4783     project.
4784          (5) Before July 1, 2025, the department shall report to the Health and Human Services
4785     Interim Committee regarding:
4786          (a) any knowledge gained or obstacles encountered in providing integrated behavioral
4787     health care services under each project;
4788          (b) data gathered in relation to each project; and
4789          (c) recommendations for expanding a project statewide.
4790          Section 120. Section 26B-6-101 is amended to read:
4791     
CHAPTER 6. LONG TERM SERVICES AND SUPPORTS, AGING, AND

4792     
DISABILITIES

4793     
Part 1. Aging and Adult Services

4794          26B-6-101. Chapter definitions.
4795          [Reserved] As used in this chapter:
4796          (1) "Adult" or "high risk adult" means a person 18 years old or older who experiences a
4797     condition:
4798          (a) that places the person at a high risk of being unable to care for themselves:
4799          (i) as determined by assessment; and
4800          (ii) due to the onset of a physical or cognitive impairment or frailty; and
4801          (b) for which the person is not eligible to receive services under:
4802          (i) Part 4, Division of Services for People with Disabilities; or
4803          (ii) Chapter 5, Health Care -- Substance Use and Mental Health.
4804          (2) "Aging" and "aged" means a person 60 years old or older.
4805          (3) "Area agency" means an area agency that provides services to the aged, high risk
4806     adults, or both within a planning and service area.
4807          (4) "Area agency on aging" means a public or private nonprofit agency or office

4808     designated by the division to:
4809          (a) operate within a planning and service area of the state; and
4810          (b) develop and implement a broad range of services for the aged in the area described
4811     in Subsection (4)(a).
4812          (5) "Area agency on high risk adults" means a public or private nonprofit agency or
4813     office designated by the division to:
4814          (a) operate within a planning and service area of the state; and
4815          (b) develop and implement services for high risk adults in the area described in
4816     Subsection (5)(a).
4817          (6) "Board" means the Board of Aging and Adult Services created in Section
4818     26B-1-426.
4819          (7) "Director" means the director of the division.
4820          (8) "Division" means the Division of Aging and Adult Services within the department.
4821          (9) "Personal care attendant" means a person who:
4822          (a) is selected by:
4823          (i) an aged person;
4824          (ii) an agent of an aged person;
4825          (iii) a high risk adult; or
4826          (iv) an agent of a high risk adult; and
4827          (b) provides personal services to the:
4828          (i) aged person described in Subsection (9)(a)(i); or
4829          (ii) high risk adult described in Subsection (9)(a)(iii).
4830          (10) "Personal services" means nonmedical care and support, including assisting a
4831     person with:
4832          (a) meal preparation;
4833          (b) eating;
4834          (c) bathing;

4835          (d) dressing;
4836          (e) personal hygiene; or
4837          (f) daily living activities.
4838          (11) "Planning and service area" means a geographical area of the state designated by
4839     the division for purposes of planning, development, delivery, and overall administration of
4840     services for the aged or high risk adults.
4841          (12) (a) "Public funds" means state or federal funds that are disbursed by:
4842          (i) the department;
4843          (ii) the division;
4844          (iii) an area agency; or
4845          (iv) an area agency on aging.
4846          (b) "Public funds" includes:
4847          (i) Medicaid funds; and
4848          (ii) Medicaid waiver funds.
4849          Section 121. Section 26B-6-102, which is renumbered from Section 62A-3-102 is
4850     renumbered and amended to read:
4851          [62A-3-102].      26B-6-102. Division created.
4852          There is created a Division of Aging and Adult Services within the department, under
4853     the administration and general supervision of the executive director.
4854          Section 122. Section 26B-6-103, which is renumbered from Section 62A-3-103 is
4855     renumbered and amended to read:
4856          [62A-3-103].      26B-6-103. Director of division -- Appointment --
4857     Qualifications.
4858          (1) The director of the division shall be appointed by the executive director with the
4859     concurrence of the board.
4860          (2) The director shall have a bachelor's degree from an accredited university or college,
4861     be experienced in administration, and be knowledgeable in matters concerning the aging and

4862     adult populations.
4863          (3) The director is the administrative head of the division.
4864          Section 123. Section 26B-6-104, which is renumbered from Section 62A-3-104 is
4865     renumbered and amended to read:
4866          [62A-3-104].      26B-6-104. Authority of division.
4867          (1) The division is the sole state agency, as defined by the Older Americans Act of
4868     1965, 42 U.S.C. 3001 et seq., to:
4869          (a) serve as an effective and visible advocate for the aging and adult population of this
4870     state;
4871          (b) develop and administer a state plan under the policy direction of the board; and
4872          (c) take primary responsibility for state activities relating to provisions of the Older
4873     Americans Act of 1965, as amended.
4874          (2) (a) The division has authority to designate:
4875          (i) planning and service areas for the state; and
4876          (ii) an area agency on aging within each planning and service area to design and
4877     implement a comprehensive and coordinated system of services and programs for the aged
4878     within appropriations from the Legislature.
4879          (b) Designation as an area agency on aging may be withdrawn:
4880          (i) upon request of the area agency on aging; or
4881          (ii) upon noncompliance with the provisions of the:
4882          (A) Older Americans Act of 1965, 42 U.S.C. Sec. 3001 et seq.;
4883          (B) federal regulations enacted under the Older Americans Act of 1965, 42 U.S.C. Sec.
4884     3001 et seq.;
4885          (C) provisions of this chapter; or
4886          (D) rules, policies, or procedures established by the division.
4887          (3) (a) The division has the authority to designate:
4888          (i) planning and service areas for the state; and

4889          (ii) subject to Subsection (3)(b), an area agency on high risk adults within each
4890     planning and service area to design and implement a comprehensive and coordinated system of
4891     case management and programs for high risk adults within appropriations from the Legislature.
4892          (b) For purposes of Subsection (3)(a)(ii), before October 1, 1998, the division shall
4893     designate as the area agency on high risk adults in a planning and service area:
4894          (i) the area agency on aging that operates within the same geographic area if that
4895     agency requests, before July 1, 1998, to expand that agency's current contract with the division
4896     to include the responsibility of:
4897          (A) being the area agency on high risk adults; or
4898          (B) operating the area agency on high risk adults:
4899          (I) through joint cooperation with one or more existing area agencies on aging; and
4900          (II) without reducing geographical coverage in any service area; or
4901          (ii) a public or private nonprofit agency or office if the area agency on aging that
4902     operates within the same geographic area has not made a request in accordance with Subsection
4903     (3)(b)(i).
4904          (c) (i) Area agencies on high risk adults shall be in operation before July 1, 1999.
4905          (ii) The division's efforts to establish area agencies on high risk adults shall start with
4906     counties with a population of more than 150,000 people.
4907          (d) Designation as an area agency on high risk adults may be withdrawn:
4908          (i) upon request by the area agency; or
4909          (ii) upon noncompliance with:
4910          (A) state law;
4911          (B) federal law; or
4912          (C) rules, policies, or procedures established by the division.
4913          (4) (a) The division may, by following the procedures and requirements of Title 63J,
4914     Chapter 5, Federal Funds Procedures Act:
4915          (i) seek federal grants, loans, or participation in federal programs; and

4916          (ii) receive and distribute state and federal funds for the division's programs and
4917     services to the aging and adult populations of the state.
4918          (b) The division may not disburse public funds to a personal care attendant as payment
4919     for personal services rendered to an aged person or high risk adult, except as provided in
4920     Section [62A-3-104.3] 26B-6-107.
4921          (5) The division has authority to establish, either directly or by contract, programs of
4922     advocacy, monitoring, evaluation, technical assistance, and public education to enhance the
4923     quality of life for aging and adult citizens of the state.
4924          (6) In accordance with the rules of the division and Title 63G, Chapter 6a, Utah
4925     Procurement Code, the division may contract with:
4926          (a) the governing body of an area agency to provide a comprehensive program of
4927     services; or
4928          (b) public and private entities for special services.
4929          (7) The division has authority to provide for collection, compilation, and dissemination
4930     of information, statistics, and reports relating to issues facing aging and adult citizens.
4931          (8) The division has authority to prepare and submit reports regarding the operation
4932     and administration of the division to the department, the Legislature, and the governor, as
4933     requested.
4934          (9) The division shall:
4935          (a) implement and enforce policies established by the board governing all aspects of
4936     the division's programs for aging and adult persons in the state;
4937          (b) in order to ensure compliance with all applicable state and federal statutes, policies,
4938     and procedures, monitor and evaluate programs provided by or under contract with:
4939          (i) the division;
4940          (ii) area agencies; and
4941          (iii) an entity that receives funds from an area agency;
4942          (c) examine expenditures of public funds;

4943          (d) withhold funds from programs based on contract noncompliance;
4944          (e) review and approve plans of area agencies in order to ensure:
4945          (i) compliance with division policies; and
4946          (ii) a statewide comprehensive program;
4947          (f) in order to further programs for aging and adult persons and prevent duplication of
4948     services, promote and establish cooperative relationships with:
4949          (i) state and federal agencies;
4950          (ii) social and health agencies;
4951          (iii) education and research organizations; and
4952          (iv) other related groups;
4953          (g) advocate for the aging and adult populations;
4954          (h) promote and conduct research on the problems and needs of aging and adult
4955     persons;
4956          (i) submit recommendations for changes in policies, programs, and funding to the:
4957          (i) governor; and
4958          (ii) Legislature; and
4959          (j) (i) accept contributions to and administer the funds contained in the ["]Out and
4960     About["] Homebound Transportation Assistance Fund created in Section [62A-3-110]
4961     26B-1-323; and
4962          (ii) make rules in accordance with Title 63G, Chapter 3, Utah Administrative
4963     Rulemaking Act, to facilitate the administration of the ["]Out and About["] Homebound
4964     Transportation Assistance Fund in accordance with Section [62A-3-110] 26B-1-323.
4965          Section 124. Section 26B-6-105, which is renumbered from Section 62A-3-104.1 is
4966     renumbered and amended to read:
4967          [62A-3-104.1].      26B-6-105. Powers and duties of area agencies --
4968     Registration as a limited purpose entity.
4969          (1) An area agency that provides services to an aged person, or a high risk adult shall

4970     within the area agency's respective jurisdiction:
4971          (a) advocate by monitoring, evaluating, and providing input on all policies, programs,
4972     hearings, and levies that affect a person described in this Subsection (1);
4973          (b) design and implement a comprehensive and coordinated system of services within a
4974     designated planning and service area;
4975          (c) conduct periodic reviews and evaluations of needs and services;
4976          (d) prepare and submit to the division plans for funding and service delivery for
4977     services within the designated planning and service area;
4978          (e) establish, either directly or by contract, programs licensed under Chapter 2,
4979     [Licensure of] Part 1, Human Services Programs and Facilities;
4980          (f) (i) appoint an area director;
4981          (ii) prescribe the area director's duties; and
4982          (iii) provide adequate and qualified staff to carry out the area plan described in
4983     Subsection (1)(d);
4984          (g) establish rules not contrary to policies of the board and rules of the division,
4985     regulating local services and facilities;
4986          (h) operate other services and programs funded by sources other than those
4987     administered by the division;
4988          (i) establish mechanisms to provide direct citizen input, including an area agency
4989     advisory council with a majority of members who are eligible for services from the area
4990     agency;
4991          (j) establish fee schedules; and
4992          (k) comply with the requirements and procedures of:
4993          (i) Title 11, Chapter 13, Interlocal Cooperation Act; and
4994          (ii) Title 51, Chapter 2a, Accounting Reports from Political Subdivisions, Interlocal
4995     Organizations, and Other Local Entities Act.
4996          (2) Before disbursing any public funds, an area agency shall require that all entities

4997     receiving any public funds agree in writing that:
4998          (a) the division may examine the entity's program and financial records; and
4999          (b) the auditor of the local area agency may examine and audit the entity's program and
5000     financial records, if requested by the local area agency.
5001          (3) An area agency on aging may not disburse public funds to a personal care attendant
5002     as payment for personal services rendered to an aged person or high risk adult, except as
5003     provided in Section [62A-3-104.3] 26B-6-107.
5004          (4) (a) For the purpose of providing services pursuant to this part, a local area agency
5005     may receive:
5006          (i) property;
5007          (ii) grants;
5008          (iii) gifts;
5009          (iv) supplies;
5010          (v) materials;
5011          (vi) any benefit derived from the items described in Subsections (4)(a)(i) through (v);
5012     and
5013          (vii) contributions.
5014          (b) If a gift is conditioned upon the gift's use for a specified service or program, the gift
5015     shall be used for the specific service or program.
5016          (5) (a) Area agencies shall award all public funds in compliance with:
5017          (i) the requirements of Title 63G, Chapter 6a, Utah Procurement Code; or
5018          (ii) a county procurement ordinance that requires procurement procedures similar to
5019     those described in Subsection (5)(a)(i).
5020          (b) (i) If all initial bids on a project are rejected, the area agency shall publish a new
5021     invitation to bid.
5022          (ii) If no satisfactory bid is received by the area agency described in Subsection
5023     (5)(b)(i), when the bids received from the second invitation are opened the area agency may

5024     execute a contract without requiring competitive bidding.
5025          (c) (i) An area agency need not comply with the procurement provisions of this section
5026     when it disburses public funds to another governmental entity.
5027          (ii) For purposes of this Subsection (5)(c), "governmental entity" means any political
5028     subdivision or institution of higher education of the state.
5029          (d) (i) Contracts awarded by an area agency shall be for a:
5030          (A) fixed amount; and
5031          (B) limited period.
5032          (ii) The contracts described in Subsection (5)(d)(i) may be modified due to changes in
5033     available funding for the same contract purpose without competition.
5034          (6) Local area agencies shall comply with:
5035          (a) applicable state and federal:
5036          (i) statutes;
5037          (ii) policies; and
5038          (iii) audit requirements; and
5039          (b) directives resulting from an audit described in Subsection (6)(a)(iii).
5040          (7) (a) Each area agency shall register and maintain the area agency's registration as a
5041     limited purpose entity, in accordance with Section 67-1a-15.
5042          (b) An area agency that fails to comply with Subsection (7)(a) or Section 67-1a-15 is
5043     subject to enforcement by the state auditor, in accordance with Section 67-3-1.
5044          Section 125. Section 26B-6-106, which is renumbered from Section 62A-3-104.2 is
5045     renumbered and amended to read:
5046          [62A-3-104.2].      26B-6-106. Contracts for services.
5047          When an area agency has established a plan to provide services authorized by this
5048     chapter, and those services meet standards fixed by rules of the board, the area agency may
5049     enter into a contract with the division for services to be furnished by that area agency for an
5050     agreed compensation to be paid by the division.

5051          Section 126. Section 26B-6-107, which is renumbered from Section 62A-3-104.3 is
5052     renumbered and amended to read:
5053          [62A-3-104.3].      26B-6-107. Disbursal of public funds -- Background check of
5054     a personal care attendant.
5055          (1) [For purposes of] As used in this section, "office" means [the same as that term is
5056     defined in Section 62A-2-101] Office of Licensing within the department.
5057          (2) Public funds may not be disbursed to a personal care attendant as payment for
5058     personal services rendered to an aged person or high risk adult unless the office approves the
5059     personal care attendant to have direct access and provide services to children or vulnerable
5060     adults pursuant to Section [62A-2-120] 26B-2-120.
5061          (3) For purposes of Subsection (2), the office shall conduct a background check of a
5062     personal care attendant:
5063          (a) who desires to receive public funds as payment for the personal services described
5064     in Subsection (2); and
5065          (b) using the same procedures established for a background check of an applicant for a
5066     license under Section [62A-2-120] 26B-2-120.
5067          Section 127. Section 26B-6-108, which is renumbered from Section 62A-3-105 is
5068     renumbered and amended to read:
5069          [62A-3-105].      26B-6-108. Matching requirements for state and federal
5070     Older American funds.
5071          (1) Except as provided in Subsection (2), a local area agency on aging that receives
5072     state or federal Older Americans Act Supportive Services, Older Americans Act Congregate
5073     Meals, or Older Americans Act Home Delivered Meals related funds from the division to
5074     provide programs and services under this chapter shall match those funds in an amount at least
5075     equal to:
5076          (a) 15% of service dollars; and
5077          (b) 25% of administrative dollars.

5078          (2) A local area agency on aging is not required to match cash-in-lieu funds related to
5079     the Home Delivered Meals program or congregate meals.
5080          (3) A local area agency on aging may include services, property, or other in-kind
5081     contributions to meet the administrative dollars match but may only use cash to meet the
5082     service dollars match.
5083          Section 128. Section 26B-6-109, which is renumbered from Section 62A-3-106 is
5084     renumbered and amended to read:
5085          [62A-3-106].      26B-6-109. Eligibility criteria.
5086          Eligibility for services provided by the division directly or through contractual
5087     arrangements shall be determined by criteria established by the division and approved by the
5088     board.
5089          Section 129. Section 26B-6-110, which is renumbered from Section 62A-3-106.5 is
5090     renumbered and amended to read:
5091          [62A-3-106.5].      26B-6-110. Agency responsible to investigate and provide
5092     services.
5093          (1) [For purposes of] As used in this section, "responsible agency" means the agency
5094     responsible to investigate or provide services in a particular case under the rules established
5095     under Subsection (2)(a).
5096          (2) In order to avoid duplication in responding to a report of alleged abuse, neglect, or
5097     exploitation of a vulnerable adult who resides in a long-term care facility, the division shall
5098     make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
5099     that establish procedures to:
5100          (a) determine whether Adult Protective Services or the Long-Term Care Ombudsman
5101     Program will be responsible to investigate or provide services in a particular case; and
5102          (b) determine whether, and under what circumstances, the agency described in
5103     Subsection (2)(a) that is not the responsible agency will provide assistance to the responsible
5104     agency in a particular case.

5105          (3) Notwithstanding Subsection (2), or the rules made pursuant to Subsection (2),
5106     Adult Protective Services shall be the agency within the division that is responsible for
5107     receiving all reports of alleged abuse, neglect, or exploitation of a vulnerable adult as provided
5108     in Section [62A-3-305] 26B-6-205.
5109          Section 130. Section 26B-6-111, which is renumbered from Section 62A-3-107 is
5110     renumbered and amended to read:
5111          [62A-3-107].      26B-6-111. Requirements for establishing division policy.
5112          (1) The board is the program policymaking body for the division and for programs
5113     funded with state and federal money under Sections [62A-3-104.1 and 62A-3-104.2]
5114     26B-6-105 and 26B-6-106. In establishing policy and reviewing existing policy, the board
5115     shall seek input from local area agencies, consumers, providers, advocates, division staff, and
5116     other interested parties as determined by the board.
5117          (2) The board shall establish, by rule, procedures for developing its policies which
5118     ensure that local area agencies are given opportunity to comment and provide input on any new
5119     policy of the board and on any proposed changes in the board's existing policy. The board
5120     shall also provide a mechanism for review of its existing policy and for consideration of policy
5121     changes that are proposed by those local area agencies.
5122          (3) A member may not receive compensation or benefits for the member's service, but,
5123     at the executive director's discretion, may receive per diem and travel expenses in accordance
5124     with:
5125          (a) Section 63A-3-106;
5126          (b) Section 63A-3-107; and
5127          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
5128     63A-3-107.
5129          Section 131. Section 26B-6-112, which is renumbered from Section 62A-3-107.5 is
5130     renumbered and amended to read:
5131          [62A-3-107.5].      26B-6-112. Allocation of funds to acquire facilities.

5132          (1) (a) The board may make grants to local area agencies on aging to acquire facilities
5133     to provide community-based services for aged persons. Grants under this section shall be made
5134     solely from appropriations made to the division for implementation of this section.
5135          (b) Acquisition of a facility may include acquisition of real property, construction of a
5136     new facility, acquisition of an existing facility, or alteration, renovation, or improvement of an
5137     existing facility.
5138          (c) The local area agency may allocate grants received under this section to a local
5139     nonprofit or governmental agency that owns or operates a facility to provide community-based
5140     services for aged persons.
5141          (2) A local area agency on aging or the local nonprofit or governmental agency that
5142     owns or operates the facility and receives grant money from the area agency shall provide a
5143     matching contribution of at least 25% of the grant funds it receives under this section. A
5144     matching contribution may include funds, services, property, or other in-kind contributions.
5145          (3) In making grants under this section, the board may consider:
5146          (a) the extent and availability of public and private funding to operate programs in the
5147     facility to be acquired and to provide for maintenance of that facility;
5148          (b) the need for community-based services in the geographical area served by the area
5149     agency on aging;
5150          (c) the availability of private and local funds to assist in acquisition, alteration,
5151     renovation, or improvement of the facility; and
5152          (d) the extent and level of support for acquisition of the facility from local government
5153     officials, private citizens, interest groups, and others.
5154          (4) Grants to local area agencies on aging and any local nonprofit or governmental
5155     agency that owns or operates a facility and receives grant money from the area agency under
5156     this section are subject to the oversight and control by the division described in Subsection
5157     [62A-3-104] 26B-6-104(8).
5158          (5) It is the intent of the Legislature that the grants made under this section serve the

5159     statewide purpose of providing support for senior citizens throughout the state, and that the
5160     grants shall be made to serve as effectively as possible the facilities in greatest need of
5161     assistance.
5162          Section 132. Section 26B-6-113, which is renumbered from Section 62A-3-108 is
5163     renumbered and amended to read:
5164          [62A-3-108].      26B-6-113. Allocation of funds to local area agencies --
5165     Formulas.
5166          (1) (a) The board shall establish by rule formulas for allocating funds to local area
5167     agencies through contracts to provide programs and services in accordance with this part based
5168     on need.
5169          (b) Determination of need shall be based on the number of eligible persons located in
5170     the local area which the division is authorized to serve, unless federal regulations require
5171     otherwise or the board establishes, by valid and accepted data, that other defined factors are
5172     relevant and reliable indicators of need.
5173          (c) Formulas established by the board shall include a differential to compensate for
5174     additional costs of providing services in rural areas.
5175          (2) Formulas established under Subsection (1) shall be in effect on or before July 1,
5176     1998, and apply to all state and federal funds appropriated by the Legislature to the division for
5177     local area agencies, but does not apply to:
5178          (a) funds that local area agencies receive from sources other than the division;
5179          (b) funds that local area agencies receive from the division to operate a specific
5180     program within its jurisdiction which is available to all residents of the state;
5181          (c) funds that a local area agency receives from the division to meet a need that exists
5182     only within that local area; and
5183          (d) funds that a local area agency receives from the division for research projects.
5184          Section 133. Section 26B-6-114, which is renumbered from Section 62A-3-109 is
5185     renumbered and amended to read:

5186          [62A-3-109].      26B-6-114. Adjudicative proceedings.
5187          Adjudicative proceedings held by, or relating to, the division or the board shall comply
5188     with the procedures and requirements of Title 63G, Chapter 4, Administrative Procedures Act.
5189          Section 134. Section 26B-6-201, which is renumbered from Section 62A-3-301 is
5190     renumbered and amended to read:
5191     
Part 2. Abuse, Neglect, or Exploitation of a Vulnerable Adult

5192          [62A-3-301].      26B-6-201. Definitions.
5193          As used in this part:
5194          (1) "Abandonment" means any knowing or intentional action or failure to act,
5195     including desertion, by a person acting as a caretaker for a vulnerable adult that leaves the
5196     vulnerable adult without the means or ability to obtain necessary food, clothing, shelter, or
5197     medical or other health care.
5198          (2) "Abuse" means:
5199          (a) knowingly or intentionally:
5200          (i) attempting to cause harm;
5201          (ii) causing harm; or
5202          (iii) placing another in fear of harm;
5203          (b) unreasonable or inappropriate use of physical restraint, medication, or isolation that
5204     causes or is likely to cause harm to a vulnerable adult;
5205          (c) emotional or psychological abuse;
5206          (d) a sexual offense as described in Title 76, Chapter 5, Offenses Against the
5207     Individual; or
5208          (e) deprivation of life sustaining treatment, or medical or mental health treatment,
5209     except:
5210          (i) as provided in Title 75, Chapter 2a, Advance Health Care Directive Act; or
5211          (ii) when informed consent, as defined in Section 76-5-111, has been obtained.
5212          (3) "Adult" means an individual who is 18 years old or older.

5213          (4) "Adult protection case file" means a record, stored in any format, contained in a
5214     case file maintained by Adult Protective Services.
5215          (5) "Adult Protective Services" means the unit within the division responsible to
5216     investigate abuse, neglect, and exploitation of vulnerable adults and provide appropriate
5217     protective services.
5218          (6) "Capacity to consent" means the ability of an individual to understand and
5219     communicate regarding the nature and consequences of decisions relating to the individual, and
5220     relating to the individual's property and lifestyle, including a decision to accept or refuse
5221     services.
5222          (7) "Caretaker" means a person or public institution that is entrusted with or assumes
5223     the responsibility to provide a vulnerable adult with care, food, shelter, clothing, supervision,
5224     medical or other health care, resource management, or other necessities for pecuniary gain, by
5225     contract, or as a result of friendship, or who is otherwise in a position of trust and confidence
5226     with a vulnerable adult, including a relative, a household member, an attorney-in-fact, a
5227     neighbor, a person who is employed or who provides volunteer work, a court-appointed or
5228     voluntary guardian, or a person who contracts or is under court order to provide care.
5229          (8) "Counsel" means an attorney licensed to practice law in this state.
5230          (9) "Database" means the statewide database maintained by the division under Section
5231     [62A-3-311.1] 26B-6-210.
5232          (10) (a) "Dependent adult" means an individual 18 years old or older, who has a
5233     physical or mental impairment that restricts the individual's ability to carry out normal
5234     activities or to protect the individual's rights.
5235          (b) "Dependent adult" includes an individual who has physical or developmental
5236     disabilities or whose physical or mental capacity has substantially diminished because of age.
5237          (11) "Elder abuse" means abuse, neglect, or exploitation of an elder adult.
5238          (12) "Elder adult" means an individual 65 years old or older.
5239          (13) "Emergency" means a circumstance in which a vulnerable adult is at an immediate

5240     risk of death, serious physical injury, or serious physical, emotional, or financial harm.
5241          (14) "Emergency protective services" means measures taken by Adult Protective
5242     Services under time-limited, court-ordered authority for the purpose of remediating an
5243     emergency.
5244          (15) (a) "Emotional or psychological abuse" means knowing or intentional verbal or
5245     nonverbal conduct directed at a vulnerable adult that results in the vulnerable adult suffering
5246     mental anguish, emotional distress, fear, humiliation, degradation, agitation, or confusion.
5247          (b) "Emotional or psychological abuse" includes intimidating, threatening, isolating,
5248     coercing, or harassing.
5249          (c) "Emotional or psychological abuse" does not include verbal or non-verbal conduct
5250     by a vulnerable adult who lacks the capacity to intentionally or knowingly:
5251          (i) engage in the conduct; or
5252          (ii) cause mental anguish, emotional distress, fear, humiliation, degradation, agitation,
5253     or confusion.
5254          (16) "Exploitation" means an offense described in Section 76-5-111.3, 76-5-111.4, or
5255     76-5b-202.
5256          (17) "Harm" means pain, mental anguish, emotional distress, hurt, physical or
5257     psychological damage, physical injury, serious physical injury, suffering, or distress inflicted
5258     knowingly or intentionally.
5259          (18) "Inconclusive" means a finding by the division that there is not a reasonable basis
5260     to conclude that abuse, neglect, or exploitation occurred.
5261          (19) "Intimidation" means communication through verbal or nonverbal conduct which
5262     threatens deprivation of money, food, clothing, medicine, shelter, social interaction,
5263     supervision, health care, or companionship, or which threatens isolation or abuse.
5264          (20) (a) "Isolation" means knowingly or intentionally preventing a vulnerable adult
5265     from having contact with another person, unless the restriction of personal rights is authorized
5266     by court order, by:

5267          (i) preventing the vulnerable adult from communicating, visiting, interacting, or
5268     initiating interaction with others, including receiving or inviting visitors, mail, or telephone
5269     calls, contrary to the expressed wishes of the vulnerable adult, or communicating to a visitor
5270     that the vulnerable adult is not present or does not want to meet with or talk to the visitor,
5271     knowing that communication to be false;
5272          (ii) physically restraining the vulnerable adult in order to prevent the vulnerable adult
5273     from meeting with a visitor; or
5274          (iii) making false or misleading statements to the vulnerable adult in order to induce
5275     the vulnerable adult to refuse to receive communication from visitors or other family members.
5276          (b) "Isolation" does not include an act:
5277          (i) intended in good faith to protect the physical or mental welfare of the vulnerable
5278     adult; or
5279          (ii) performed pursuant to the treatment plan or instructions of a physician or other
5280     professional advisor of the vulnerable adult.
5281          (21) "Lacks capacity to consent" is as defined in Section 76-5-111.4.
5282          (22) (a) "Neglect" means:
5283          (i) (A) failure of a caretaker to provide necessary care, including nutrition, clothing,
5284     shelter, supervision, personal care, or dental, medical, or other health care for a vulnerable
5285     adult, unless the vulnerable adult is able to provide or obtain the necessary care without
5286     assistance; or
5287          (B) failure of a caretaker to provide protection from health and safety hazards or
5288     maltreatment;
5289          (ii) failure of a caretaker to provide care to a vulnerable adult in a timely manner and
5290     with the degree of care that a reasonable person in a like position would exercise;
5291          (iii) a pattern of conduct by a caretaker, without the vulnerable adult's informed
5292     consent, resulting in deprivation of food, water, medication, health care, shelter, cooling,
5293     heating, or other services necessary to maintain the vulnerable adult's well being;

5294          (iv) knowing or intentional failure by a caretaker to carry out a prescribed treatment
5295     plan that causes or is likely to cause harm to the vulnerable adult;
5296          (v) self-neglect by the vulnerable adult; or
5297          (vi) abandonment by a caretaker.
5298          (b) "Neglect" does not include conduct, or failure to take action, that is permitted or
5299     excused under Title 75, Chapter 2a, Advance Health Care Directive Act.
5300          (23) "Physical injury" includes the damage and conditions described in Section
5301     76-5-111.
5302          (24) "Protected person" means a vulnerable adult for whom the court has ordered
5303     protective services.
5304          (25) "Protective services" means services to protect a vulnerable adult from abuse,
5305     neglect, or exploitation.
5306          (26) "Self-neglect" means the failure of a vulnerable adult to provide or obtain food,
5307     water, medication, health care, shelter, cooling, heating, safety, or other services necessary to
5308     maintain the vulnerable adult's well being when that failure is the result of the adult's mental or
5309     physical impairment. Choice of lifestyle or living arrangements may not, by themselves, be
5310     evidence of self-neglect.
5311          (27) "Serious physical injury" is as defined in Section 76-5-111.
5312          (28) "Supported" means a finding by the division that there is a reasonable basis to
5313     conclude that abuse, neglect, or exploitation occurred.
5314          (29) "Undue influence" occurs when a person:
5315          (a) uses influence to take advantage of a vulnerable adult's mental or physical
5316     impairment; or
5317          (b) uses the person's role, relationship, or power:
5318          (i) to exploit, or knowingly assist or cause another to exploit, the trust, dependency, or
5319     fear of a vulnerable adult; or
5320          (ii) to gain control deceptively over the decision making of the vulnerable adult.

5321          (30) "Vulnerable adult" means an elder adult, or a dependent adult who has a mental or
5322     physical impairment which substantially affects that person's ability to:
5323          (a) provide personal protection;
5324          (b) provide necessities such as food, shelter, clothing, or mental or other health care;
5325          (c) obtain services necessary for health, safety, or welfare;
5326          (d) carry out the activities of daily living;
5327          (e) manage the adult's own financial resources; or
5328          (f) comprehend the nature and consequences of remaining in a situation of abuse,
5329     neglect, or exploitation.
5330          (31) "Without merit" means a finding that abuse, neglect, or exploitation did not occur.
5331          Section 135. Section 26B-6-202, which is renumbered from Section 62A-3-302 is
5332     renumbered and amended to read:
5333          [62A-3-302].      26B-6-202. Purpose of Adult Protective Services Program.
5334          Subject to the rules made by the division under Section [62A-3-106.5] 26B-6-110,
5335     Adult Protective Services:
5336          (1) shall investigate or cause to be investigated reports of alleged abuse, neglect, or
5337     exploitation of vulnerable adults;
5338          (2) shall, where appropriate, provide short-term, limited protective services with the
5339     permission of the affected vulnerable adult or the guardian or conservator of the vulnerable
5340     adult;
5341          (3) shall, subject to Section [62A-3-320] 26B-6-217, provide emergency protective
5342     services; and
5343          (4) may make rules, in accordance with Title 63G, Chapter 3, Utah Administrative
5344     Rulemaking Act, and develop procedures and policies relating to:
5345          (a) reporting and investigating incidents of abuse, neglect, or exploitation; and
5346          (b) providing protective services to the extent that funds are appropriated by the
5347     Legislature for this purpose.

5348          Section 136. Section 26B-6-203, which is renumbered from Section 62A-3-303 is
5349     renumbered and amended to read:
5350          [62A-3-303].      26B-6-203. Powers and duties of Adult Protective Services.
5351          In addition to all other powers and duties that Adult Protective Services is given under
5352     this part, Adult Protective Services:
5353          (1) shall maintain an intake system for receiving and screening reports;
5354          (2) shall investigate referrals that meet the intake criteria;
5355          (3) shall conduct assessments of vulnerability and functional capacity as it relates to an
5356     allegation of abuse, neglect, or exploitation of an adult who is the subject of a report;
5357          (4) shall perform assessments based on protective needs and risks for a vulnerable
5358     adult who is the subject of a report;
5359          (5) may address any protective needs by making recommendations to and coordinating
5360     with the vulnerable adult or by making referrals to community resources;
5361          (6) may provide short-term, limited services to a vulnerable adult when family or
5362     community resources are not available to provide for the protective needs of the vulnerable
5363     adult;
5364          (7) shall have access to facilities licensed by, or contracted with, the department [or the
5365     Department of Health] for the purpose of conducting investigations;
5366          (8) shall be given access to, or provided with, written statements, documents, exhibits,
5367     and other items related to an investigation, including private, controlled, or protected medical
5368     or financial records of a vulnerable adult who is the subject of an investigation if:
5369          (a) for a vulnerable adult who has the capacity to consent, the vulnerable adult signs a
5370     release of information; or
5371          (b) for a vulnerable adult who lacks capacity to consent, an administrative subpoena is
5372     issued by Adult Protective Services;
5373          (9) may initiate proceedings in a court of competent jurisdiction to seek relief
5374     necessary to carry out the provisions of this chapter;

5375          (10) shall, subject to Section [62A-3-320] 26B-6-217, provide emergency protective
5376     services;
5377          (11) may require all persons, including family members of a vulnerable adult and any
5378     caretaker, to cooperate with Adult Protective Services in carrying out its duties under this
5379     chapter, including the provision of statements, documents, exhibits, and other items that assist
5380     Adult Protective Services in conducting investigations and providing protective services;
5381          (12) may require all officials, agencies, departments, and political subdivisions of the
5382     state to assist and cooperate within their jurisdictional power with the court, the division, and
5383     Adult Protective Services in furthering the purposes of this chapter;
5384          (13) may conduct studies and compile data regarding abuse, neglect, and exploitation;
5385     and
5386          (14) may issue reports and recommendations.
5387          Section 137. Section 26B-6-204, which is renumbered from Section 62A-3-304 is
5388     renumbered and amended to read:
5389          [62A-3-304].      26B-6-204. Cooperation by caretaker.
5390          A caretaker, facility, or other institution shall, regardless of the confidentiality standards
5391     of the caretaker, facility, or institution:
5392          (1) report abuse, neglect, or exploitation of a vulnerable adult in accordance with this
5393     chapter;
5394          (2) cooperate with any Adult Protective Services investigation;
5395          (3) provide Adult Protective Services with access to records or documents relating to
5396     the vulnerable adult who is the subject of an investigation; or
5397          (4) provide evidence in any judicial or administrative proceeding relating to a
5398     vulnerable adult who is the subject of an investigation.
5399          Section 138. Section 26B-6-205, which is renumbered from Section 62A-3-305 is
5400     renumbered and amended to read:
5401          [62A-3-305].      26B-6-205. Reporting requirements -- Investigation --

5402     Exceptions -- Immunity -- Penalties -- Nonmedical healing.
5403          (1) Except as provided in Subsection (4), if an individual has reason to believe that a
5404     vulnerable adult is, or has been, the subject of abuse, neglect, or exploitation, the individual
5405     shall immediately report the suspected abuse, neglect, or exploitation to Adult Protective
5406     Services or to the nearest peace officer or law enforcement agency.
5407          (2) (a) If a peace officer or a law enforcement agency receives a report under
5408     Subsection (1), the peace officer or the law enforcement agency shall immediately notify Adult
5409     Protective Services.
5410          (b) Adult Protective Services and the peace officer or the law enforcement agency shall
5411     coordinate, as appropriate, efforts to investigate the report under Subsection (1) and to provide
5412     protection to the vulnerable adult.
5413          (3) When a report under Subsection (1), or a subsequent investigation by Adult
5414     Protective Services, indicates that a criminal offense may have occurred against a vulnerable
5415     adult:
5416          (a) Adult Protective Services shall notify the nearest local law enforcement agency
5417     regarding the potential offense; and
5418          (b) the law enforcement agency shall initiate an investigation in cooperation with Adult
5419     Protective Services.
5420          (4) Subject to Subsection (5), the reporting requirement described in Subsection (1)
5421     does not apply to:
5422          (a) a member of the clergy, with regard to any confession made to the member of the
5423     clergy while functioning in the ministerial capacity of the member of the clergy and without the
5424     consent of the individual making the confession, if:
5425          (i) the perpetrator made the confession directly to the member of the clergy; and
5426          (ii) the member of the clergy is, under canon law or church doctrine or practice, bound
5427     to maintain the confidentiality of that confession; or
5428          (b) an attorney, or an individual employed by the attorney, if knowledge of the

5429     suspected abuse, neglect, or exploitation of a vulnerable adult arises from the representation of
5430     a client, unless the attorney is permitted to reveal the suspected abuse, neglect, or exploitation
5431     of the vulnerable adult to prevent reasonably certain death or substantial bodily harm in
5432     accordance with Utah Rules of Professional Conduct, Rule 1.6.
5433          (5) (a) When a member of the clergy receives information about abuse, neglect, or
5434     exploitation of a vulnerable adult from any source other than confession of the perpetrator, the
5435     member of the clergy is required to report that information even though the member of the
5436     clergy may have also received information about abuse, neglect, or exploitation from the
5437     confession of the perpetrator.
5438          (b) Exemption of the reporting requirement for an individual described in Subsection
5439     (4) does not exempt the individual from any other efforts required by law to prevent further
5440     abuse, neglect, or exploitation of a vulnerable adult by the perpetrator.
5441          (6) (a) As used in this Subsection (6), "physician" means an individual licensed to
5442     practice as a physician or osteopath in this state under Title 58, Chapter 67, Utah Medical
5443     Practice Act, or Title 58, Chapter 68, Utah Osteopathic Medical Practice Act.
5444          (b) The physician-patient privilege does not:
5445          (i) excuse a physician from reporting suspected abuse, neglect, or exploitation of a
5446     vulnerable adult under Subsection (1); or
5447          (ii) constitute grounds for excluding evidence regarding a vulnerable adult's injuries, or
5448     the cause of the vulnerable adult's injuries, in any judicial or administrative proceeding
5449     resulting from a report under Subsection (1).
5450          (7) (a) An individual who in good faith makes a report under Subsection (1), or who
5451     otherwise notifies Adult Protective Services or a peace officer or law enforcement agency, is
5452     immune from civil and criminal liability in connection with the report or notification.
5453          (b) A covered provider or covered contractor, as defined in Section [26-21-201]
5454     26B-2-238, that knowingly fails to report suspected abuse, neglect, or exploitation of a
5455     vulnerable adult to Adult Protective Services, or to the nearest peace officer or law

5456     enforcement agency, under Subsection (1), is subject to a private right of action and liability for
5457     the abuse, neglect, or exploitation of a vulnerable adult that is committed by the individual who
5458     was not reported to Adult Protective Services or to the nearest peace officer or law enforcement
5459     agency.
5460          (c) This Subsection (7) does not provide immunity with respect to acts or omissions of
5461     a governmental employee except as provided in Title 63G, Chapter 7, Governmental Immunity
5462     Act of Utah.
5463          (8) If Adult Protective Services has substantial grounds to believe that an individual
5464     has knowingly failed to report suspected abuse, neglect, or exploitation of a vulnerable adult in
5465     accordance with this section, Adult Protective Services shall file a complaint with:
5466          (a) the Division of Professional Licensing if the individual is a health care provider, as
5467     defined in Section 80-2-603, or a mental health therapist, as defined in Section 58-60-102;
5468          (b) the appropriate law enforcement agency if the individual is a law enforcement
5469     officer, as defined in Section 53-13-103; and
5470          (c) the State Board of Education if the individual is an educator, as defined in Section
5471     53E-6-102.
5472          (9) (a) An individual is guilty of a class B misdemeanor if the individual willfully fails
5473     to report suspected abuse, neglect, or exploitation of a vulnerable adult to Adult Protective
5474     Services, or to the nearest peace officer or law enforcement agency under Subsection (1).
5475          (b) If an individual is convicted under Subsection (9)(a), the court may order the
5476     individual, in addition to any other sentence the court imposes, to:
5477          (i) complete community service hours; or
5478          (ii) complete a program on preventing abuse, neglect, and exploitation of vulnerable
5479     adults.
5480          (c) In determining whether it would be appropriate to charge an individual with a
5481     violation of Subsection (9)(a), the prosecuting attorney shall take into account whether a
5482     reasonable individual would not have reported suspected abuse, neglect, or exploitation of a

5483     vulnerable adult because reporting would have placed the individual in immediate danger of
5484     death or serious bodily injury.
5485          (d) Notwithstanding any contrary provision of law, a prosecuting attorney may not use
5486     an individual's violation of Subsection (9)(a) as the basis for charging the individual with
5487     another offense.
5488          (e) A prosecution for failure to report under Subsection (9)(a) shall be commenced
5489     within two years after the day on which the individual had knowledge of the suspected abuse,
5490     neglect, or exploitation and willfully failed to report.
5491          (10) Under circumstances not amounting to a violation of Section 76-8-508, an
5492     individual is guilty of a class B misdemeanor if the individual threatens, intimidates, or
5493     attempts to intimidate a vulnerable adult who is the subject of a report under Subsection (1),
5494     the individual who made the report under Subsection (1), a witness, or any other person
5495     cooperating with an investigation conducted in accordance with this chapter.
5496          (11) An adult is not considered abused, neglected, or a vulnerable adult for the reason
5497     that the adult has chosen to rely solely upon religious, nonmedical forms of healing in lieu of
5498     medical care.
5499          Section 139. Section 26B-6-206, which is renumbered from Section 62A-3-307 is
5500     renumbered and amended to read:
5501          [62A-3-307].      26B-6-206. Photographing, video, and audio taping.
5502          Law enforcement or Adult Protective Services investigators may collect evidence
5503     regarding alleged abuse, neglect, or exploitation of a vulnerable adult by taking, or causing to
5504     be taken, photographs, video tape recordings, or audio or video tape accounts of a vulnerable
5505     adult, if the vulnerable adult:
5506          (1) consents to the taking of the photographs, video tape recordings, or audio or video
5507     tape accounts; or
5508          (2) lacks the capacity to give the consent described in Subsection (1).
5509          Section 140. Section 26B-6-207, which is renumbered from Section 62A-3-308 is

5510     renumbered and amended to read:
5511          [62A-3-308].      26B-6-207. Peace officer's authority to transport --
5512     Notification.
5513          (1) A peace officer may remove and transport, or cause to have transported, a
5514     vulnerable adult to an appropriate medical or shelter facility, if:
5515          (a) the officer has probable cause to believe that:
5516          (i) by reason of abuse, neglect, or exploitation there exist exigent circumstances; and
5517          (ii) the vulnerable adult will suffer serious physical injury or death if not immediately
5518     placed in a safe environment;
5519          (b) the vulnerable adult refuses to consent or lacks capacity to consent; and
5520          (c) there is not time to notify interested parties or to apply for a warrant or other court
5521     order.
5522          (2) A peace officer described in Subsection (1) shall, within four hours after a
5523     vulnerable adult is transported to an appropriate medical or shelter facility:
5524          (a) notify Adult Protective Services intake; and
5525          (b) request that Adult Protective Services or the division file a petition with the court
5526     for an emergency protective order.
5527          Section 141. Section 26B-6-208, which is renumbered from Section 62A-3-309 is
5528     renumbered and amended to read:
5529          [62A-3-309].      26B-6-208. Enforcement by division -- Duty of county or
5530     district attorney.
5531          (1) It is the duty of the county or district attorney, as appropriate under Sections
5532     17-18a-202 and 17-18a-203, to:
5533          (a) assist and represent the division;
5534          (b) initiate legal proceedings to protect vulnerable adults; and
5535          (c) take appropriate action to prosecute the alleged offenders.
5536          (2) If the county or district attorney fails to act upon the request of the division to

5537     provide legal assistance within five business days after the day on which the request is made:
5538          (a) the division may request the attorney general to act; and
5539          (b) the attorney general may, in the attorney general's discretion, assume the
5540     responsibilities and carry the action forward in place of the county or district attorney.
5541          Section 142. Section 26B-6-209, which is renumbered from Section 62A-3-311 is
5542     renumbered and amended to read:
5543          [62A-3-311].      26B-6-209. Requests for records.
5544          (1) Requests for records maintained by Adult Protective Services shall be made in
5545     writing to Adult Protective Services.
5546          (2) Classification and disclosure of records shall be made in accordance with Title
5547     63G, Chapter 2, Government Records Access and Management Act.
5548          Section 143. Section 26B-6-210, which is renumbered from Section 62A-3-311.1 is
5549     renumbered and amended to read:
5550          [62A-3-311.1].      26B-6-210. Statewide database -- Restricted use and access.
5551          (1) The division shall maintain a database for reports of vulnerable adult abuse,
5552     neglect, or exploitation made pursuant to this part.
5553          (2) The database shall include:
5554          (a) the names and identifying data of the alleged abused, neglected, or exploited
5555     vulnerable adult and the alleged perpetrator;
5556          (b) information regarding whether or not the allegation of abuse, neglect, or
5557     exploitation was found to be:
5558          (i) supported;
5559          (ii) inconclusive;
5560          (iii) without merit; or
5561          (iv) for reports for which the finding is made before May 5, 2008:
5562          (A) substantiated; or
5563          (B) unsubstantiated; and

5564          (c) any other information that may be helpful in furthering the purposes of this part, as
5565     determined by the division.
5566          (3) Information obtained from the database may be used only:
5567          (a) for statistical summaries compiled by the department that do not include names or
5568     other identifying data;
5569          (b) where identification of an individual as a perpetrator may be relevant in a
5570     determination regarding whether to grant or deny a license, privilege, or approval made by:
5571          (i) the department;
5572          (ii) the Division of Professional Licensing;
5573          [(iii) the Bureau of Licensing, within the Department of Health;]
5574          (iii) the Division of Licensing and Background Checks within the department;
5575          (iv) the Bureau of Emergency Medical Services and Preparedness, within the
5576     [Department of Health] department, or a designee of the Bureau of Emergency Medical
5577     Services and Preparedness;
5578          (v) any government agency specifically authorized by statute to access or use the
5579     information in the database; or
5580          (vi) an agency of another state that performs a similar function to an agency described
5581     in Subsections (3)(b)(i) through (iv); or
5582          (c) as otherwise specifically provided by law.
5583          Section 144. Section 26B-6-211, which is renumbered from Section 62A-3-311.5 is
5584     renumbered and amended to read:
5585          [62A-3-311.5].      26B-6-211. Notice of supported finding -- Procedure for
5586     challenging finding -- Limitations.
5587          (1) (a) Except as provided in Subsection (1)(b), within 15 days after the day on which
5588     the division makes a supported finding that a person committed abuse, neglect, or exploitation
5589     of a vulnerable adult, the division shall serve the person with a notice of agency action, in
5590     accordance with Subsections (2) and (3).

5591          (b) The division may serve the notice described in Subsection (1)(a) within a
5592     reasonable time after the 15 day period described in Subsection (1)(a) if:
5593          (i) the delay is necessary in order to:
5594          (A) avoid impeding an ongoing criminal investigation or proceeding; or
5595          (B) protect the safety of a person; and
5596          (ii) the notice is provided before the supported finding is used as a basis to deny the
5597     person a license or otherwise adversely impact the person.
5598          (2) The division shall cause the notice described in Subsection (1)(a) to be served by
5599     personal service or certified mail.
5600          (3) The notice described in Subsection (1)(a) shall:
5601          (a) indicate that the division has conducted an investigation regarding alleged abuse,
5602     neglect, or exploitation of a vulnerable adult by the alleged perpetrator;
5603          (b) indicate that, as a result of the investigation described in Subsection (3)(a), the
5604     division made a supported finding that the alleged perpetrator committed abuse, neglect, or
5605     exploitation of a vulnerable adult;
5606          (c) include a summary of the facts that are the basis for the supported finding;
5607          (d) indicate that the supported finding may result in disqualifying the person from:
5608          (i) being licensed, certified, approved, or employed by a government agency;
5609          (ii) being employed by a service provider, person, or other entity that contracts with, or
5610     is licensed by, a government agency; or
5611          (iii) qualifying as a volunteer for an entity described in Subsection (3)(d)(i) or (ii);
5612          (e) indicate that, as a result of the supported finding, the alleged perpetrator's
5613     identifying information is listed in the database;
5614          (f) indicate that the alleged perpetrator may request a copy of the report of the alleged
5615     abuse, neglect, or exploitation; and
5616          (g) inform the alleged perpetrator of:
5617          (i) the right described in Subsection (4)(a); and

5618          (ii) the consequences of failing to exercise the right described in Subsection (4)(a) in a
5619     timely manner.
5620          (4) (a) The alleged perpetrator has the right, within 30 days after the day on which the
5621     notice described in Subsection (1)(a) is served, to challenge the supported finding by filing a
5622     request for an informal adjudicative proceeding, under Title 63G, Chapter 4, Administrative
5623     Procedures Act.
5624          (b) If the alleged perpetrator fails to file a request for an informal adjudicative
5625     proceeding within the time described in Subsection (4)(a), the supported finding will become
5626     final and will not be subject to challenge or appeal.
5627          (5) At the hearing described in Subsection (4)(a), the division has the burden of
5628     proving, by a preponderance of the evidence, that the alleged perpetrator committed abuse,
5629     neglect, or exploitation of a vulnerable adult.
5630          (6) Notwithstanding any provision of this section, an alleged perpetrator described in
5631     this section may not challenge a supported finding if a court of competent jurisdiction entered a
5632     finding in a proceeding to which the alleged perpetrator was a party, that the alleged perpetrator
5633     committed the abuse, neglect, or exploitation of a vulnerable adult, upon which the supported
5634     finding is based.
5635          (7) A person who was listed in the database as a perpetrator before May 5, 2008, and
5636     who did not have an opportunity to challenge the division's finding that resulted in the listing,
5637     may at any time:
5638          (a) request that the division reconsider the division's finding; or
5639          (b) request an informal adjudicative proceeding, under Title 63G, Chapter 4,
5640     Administrative Procedures Act, to challenge the finding.
5641          Section 145. Section 26B-6-212, which is renumbered from Section 62A-3-312 is
5642     renumbered and amended to read:
5643          [62A-3-312].      26B-6-212. Access to information in database.
5644          The database and the adult protection case file:

5645          (1) shall be made available to law enforcement agencies, the attorney general's office,
5646     city attorneys, the Division of Professional Licensing, and county or district attorney's offices;
5647          (2) shall be released as required under Subsection 63G-2-202(4)(c); and
5648          (3) may be made available, at the discretion of the division, to:
5649          (a) subjects of a report as follows:
5650          (i) a vulnerable adult named in a report as a victim of abuse, neglect, or exploitation, or
5651     that adult's attorney or legal guardian; and
5652          (ii) a person identified in a report as having abused, neglected, or exploited a
5653     vulnerable adult, or that person's attorney; and
5654          (b) persons involved in an evaluation or assessment of the vulnerable adult as follows:
5655          (i) an employee or contractor of the department who is responsible for the evaluation or
5656     assessment of an adult protection case file;
5657          (ii) a multidisciplinary team approved by the division to assist Adult Protective
5658     Services in the evaluation, assessment, and disposition of a vulnerable adult case;
5659          (iii) an authorized person or agency providing services to, or responsible for, the care,
5660     treatment, assessment, or supervision of a vulnerable adult named in the report as a victim,
5661     when in the opinion of the division, that information will assist in the protection of, or provide
5662     other benefits to, the victim;
5663          (iv) a licensing authority for a facility, program, or person providing care to a victim
5664     named in a report; and
5665          (v) legally authorized protection and advocacy agencies when they represent a victim
5666     or have been requested by the division to assist on a case, including:
5667          (A) the Office of Public Guardian, created in Section [62A-14-103] 26B-6-302; and
5668          (B) the Long-Term Care Ombudsman Program, created in Section [62A-3-203]
5669     26B-2-303.
5670          Section 146. Section 26B-6-213, which is renumbered from Section 62A-3-314 is
5671     renumbered and amended to read:

5672          [62A-3-314].      26B-6-213. Private right of action -- Estate asset -- Attorney
5673     fees.
5674          (1) A vulnerable adult who suffers harm or financial loss as a result of exploitation has
5675     a private right of action against the perpetrator.
5676          (2) Upon the death of a vulnerable adult, any cause of action under this section shall
5677     constitute an asset of the estate of the vulnerable adult.
5678          (3) If the plaintiff prevails in an action brought under this section, the court may order
5679     that the defendant pay the costs and reasonable attorney fees of the plaintiff.
5680          (4) If the defendant prevails in an action brought under this section, the court may
5681     order that the plaintiff pay the costs and reasonable attorney fees of the defendant, if the court
5682     finds that the action was frivolous, unreasonable, or taken in bad faith.
5683          Section 147. Section 26B-6-214, which is renumbered from Section 62A-3-315 is
5684     renumbered and amended to read:
5685          [62A-3-315].      26B-6-214. Protective services voluntary unless court
5686     ordered.
5687          (1) Vulnerable adults who receive protective services under this part shall do so
5688     knowingly or voluntarily or upon district court order.
5689          (2) Protective services may be provided without a court order for a vulnerable adult
5690     who has the capacity to consent and who requests or knowingly or voluntarily consents to those
5691     services. Protective services may also be provided for a vulnerable adult whose guardian or
5692     conservator with authority to consent does consent to those services. When short-term, limited
5693     protective services are provided, the division and the recipient, or the recipient's guardian or
5694     conservator, shall execute a written agreement setting forth the purposes and limitations of the
5695     services to be provided. If consent is subsequently withdrawn by the recipient, the recipient's
5696     guardian or conservator, or the court, services, including any investigation, shall cease.
5697          (3) A court may order emergency protective services to be provided to a vulnerable
5698     adult who does not consent or who lacks capacity to consent to protective services in

5699     accordance with Section [62A-3-320] 26B-6-217.
5700          Section 148. Section 26B-6-215, which is renumbered from Section 62A-3-316 is
5701     renumbered and amended to read:
5702          [62A-3-316].      26B-6-215. Costs incurred in providing of protective
5703     services.
5704          Costs incurred in providing protective services are the responsibility of the vulnerable
5705     adult when:
5706          (1) the vulnerable adult is financially able to pay for those services, according to rates
5707     established by the division, and that payment is provided for as part of the written agreement
5708     for services described in Section [62A-3-315] 26B-6-214;
5709          (2) the vulnerable adult to be protected is eligible for those services from another
5710     governmental agency; or
5711          (3) the court appoints a guardian or conservator and orders that the costs be paid from
5712     the vulnerable adult's estate.
5713          Section 149. Section 26B-6-216, which is renumbered from Section 62A-3-317 is
5714     renumbered and amended to read:
5715          [62A-3-317].      26B-6-216. Venue for protective services proceedings.
5716          Venue for all proceedings related to protective services and emergency protective
5717     services under this [chapter] part is in the county where the vulnerable adult resides or is
5718     present.
5719          Section 150. Section 26B-6-217, which is renumbered from Section 62A-3-320 is
5720     renumbered and amended to read:
5721          [62A-3-320].      26B-6-217. Emergency protective services -- Forcible entry.
5722          (1) Adult Protective Services shall, immediately upon court order, provide emergency
5723     protective services to a court-designated vulnerable adult.
5724          (2) A court may, without notice, order emergency protective services immediately upon
5725     receipt of a petition for emergency protective services when a court finds that:

5726          (a) the subject of the petition is a vulnerable adult;
5727          (b) (i) the vulnerable adult does not have a court-appointed guardian or conservator; or
5728          (ii) the guardian or conservator is not effectively performing the guardian's or
5729     conservator's duties;
5730          (c) an emergency exists; and
5731          (d) the welfare, safety, or best interests of the vulnerable adult requires emergency
5732     protective services.
5733          (3) An emergency protective services order shall specifically designate the services that
5734     are approved and the facts that support the provision of those services.
5735          (4) Services authorized in an emergency protective services order may include
5736     hospitalization, nursing, custodial care, or a change in residence.
5737          (5) An emergency protective services order expires five business days after the day on
5738     which the court issues the order unless an appropriate party petitions for temporary
5739     guardianship pursuant to Section 75-5-310 or the division files a new petition for an emergency
5740     services order.
5741          (6) If a petition for guardianship or an additional emergency protective services petition
5742     is filed within five business days after the day on which the court issues the original emergency
5743     protective services order, a court may extend the duration of the original order an additional 15
5744     business days after the day on which the subsequent petition is filed to allow for a court hearing
5745     on the petition.
5746          (7) To implement an emergency protective services order, a court may authorize
5747     forcible entry by a peace officer into the premises where the vulnerable adult may be found.
5748          Section 151. Section 26B-6-218, which is renumbered from Section 62A-3-321 is
5749     renumbered and amended to read:
5750          [62A-3-321].      26B-6-218. Petition for injunctive relief when caretaker
5751     refuses to allow protective services.
5752          (1) When a vulnerable adult is in need of protective services and the caretaker refuses

5753     to allow the provision of those services, the division may petition the court for injunctive relief
5754     prohibiting the caretaker from interfering with the provision of protective services.
5755          (2) The division's petition under Subsection (1) shall allege facts sufficient to show that
5756     the vulnerable adult is in need of protective services, that the vulnerable adult either consents
5757     or lacks capacity to consent to those services, and that the caretaker refuses to allow the
5758     provision of those services.
5759          (3) The court may, on appropriate findings and conclusions in accordance with Rule
5760     65A, Utah Rules of Civil Procedure, issue an order enjoining the caretaker from interfering
5761     with the provision of protective services.
5762          (4) The petition under Subsection (1) may be joined with a petition under Section
5763     [62A-3-320] 26B-6-217.
5764          Section 152. Section 26B-6-219, which is renumbered from Section 62A-3-322 is
5765     renumbered and amended to read:
5766          [62A-3-322].      26B-6-219. Medical cannabis use by a vulnerable adult or
5767     guardian.
5768          A peace officer or an employee or agent of the division may not solicit or provide, and a
5769     court may not order, emergency services for a vulnerable adult based solely on:
5770          (1) the vulnerable adult's possession or use of cannabis in accordance with [Title 26,
5771     Chapter 61a, Utah Medical Cannabis Act] Chapter 4, Part 2, Cannabinoid Research and
5772     Medical Cannabis; or
5773          (2) the guardian of the vulnerable adult assisting with the use of or possessing cannabis
5774     in accordance with [Title 26, Chapter 61a, Utah Medical Cannabis Act] Chapter 4, Part 2,
5775     Cannabinoid Research and Medical Cannabis.
5776          Section 153. Section 26B-6-301, which is renumbered from Section 62A-14-102 is
5777     renumbered and amended to read:
5778     
Part 3. Office of Public Guardian

5779          [62A-14-102].      26B-6-301. Definitions.

5780          As used in this [chapter] part:
5781          (1) "Conservator" is as defined in Section 75-1-201.
5782          (2) "Court" is as defined in Section 75-1-201.
5783          (3) "Estate" is as defined in Section 75-1-201.
5784          (4) "Guardian" is as defined in Section 75-1-201.
5785          (5) "Incapacitated" means a person who has been determined by a court, pursuant to
5786     Section 75-5-303, to be incapacitated, as defined in Section 75-1-201, after the office has
5787     determined that the person is 18 years of age or older and suffers from a mental or physical
5788     impairment as part of the prepetition assessment in Section [62A-14-107] 26B-6-305.
5789          (6) "Office" means the Office of Public Guardian.
5790          (7) "Property" is as defined in Section 75-1-201.
5791          (8) "Ward" means an incapacitated person for whom the office has been appointed as
5792     guardian or conservator.
5793          Section 154. Section 26B-6-302, which is renumbered from Section 62A-14-103 is
5794     renumbered and amended to read:
5795          [62A-14-103].      26B-6-302. Office of Public Guardian -- Creation.
5796          (1) There is created within the department the Office of Public Guardian which has the
5797     powers and duties provided in this [chapter] part.
5798          (2) The office is under the administrative and general supervision of the executive
5799     director.
5800          Section 155. Section 26B-6-303, which is renumbered from Section 62A-14-104 is
5801     renumbered and amended to read:
5802          [62A-14-104].      26B-6-303. Director of the office -- Appointment --
5803     Qualifications.
5804          (1) The director of the office shall be appointed by the executive director.
5805          (2) The director shall have a bachelor's degree from an accredited university or college,
5806     be experienced in administration, and be knowledgeable in matters concerning guardianship

5807     and conservatorship.
5808          (3) The director is the administrative head of the office.
5809          Section 156. Section 26B-6-304, which is renumbered from Section 62A-14-105 is
5810     renumbered and amended to read:
5811          [62A-14-105].      26B-6-304. Powers and duties of the office.
5812          (1) The office shall:
5813          (a) develop and operate a statewide program to:
5814          (i) educate the public about the role and function of guardians and conservators;
5815          (ii) educate guardians and conservators on:
5816          (A) the duties of a guardian and a conservator; and
5817          (B) standards set by the National Guardianship Association for guardians and
5818     conservators; and
5819          (iii) serve as a guardian, conservator, or both for a ward upon appointment by a court
5820     when no other person is able and willing to do so and the office petitioned for or agreed in
5821     advance to the appointment;
5822          (b) possess and exercise all the powers and duties specifically given to the office by
5823     virtue of being appointed as guardian or conservator of a ward, including the power to access a
5824     ward's records;
5825          (c) review and monitor the personal and, if appropriate, financial status of each ward
5826     for whom the office has been appointed to serve as guardian or conservator;
5827          (d) train and monitor each employee and volunteer, and monitor each contract provider
5828     to whom the office has delegated a responsibility for a ward;
5829          (e) retain all court-delegated powers and duties for a ward;
5830          (f) report on the personal and financial status of a ward as required by a court in
5831     accordance with Title 75, Chapter 5, Protection of Persons Under Disability and Their
5832     Property;
5833          (g) handle a ward's funds in accordance with the department's trust account system;

5834          (h) request that the department's audit plan, established pursuant to Section 63I-5-401,
5835     include the requirement of an annual audit of all funds and property held by the office on behalf
5836     of wards;
5837          (i) maintain accurate records concerning each ward, the ward's property, and office
5838     services provided to the ward;
5839          (j) make reasonable and continuous efforts to find a family member, friend, or other
5840     person to serve as a ward's guardian or conservator;
5841          (k) after termination as guardian or conservator, distribute a ward's property in
5842     accordance with Title 75, Chapter 5, Protection of Persons Under Disability and Their
5843     Property; and
5844          (l) submit recommendations for changes in state law and funding to the governor and
5845     the Legislature and report to the governor and Legislature, upon request.
5846          (2) The office may:
5847          (a) petition a court pursuant to Title 75, Chapter 5, Protection of Persons Under
5848     Disability and Their Property, to be appointed an incapacitated person's guardian, conservator,
5849     or both after conducting a prepetition assessment under Section [62A-14-107] 26B-6-305;
5850          (b) develop and operate a statewide program to recruit, train, supervise, and monitor
5851     volunteers to assist the office in providing guardian and conservator services;
5852          (c) delegate one or more responsibilities for a ward to an employee, volunteer, or
5853     contract provider, except as provided in Subsection [62A-14-107] 26B-6-305(1);
5854          (d) solicit and receive private donations to provide guardian and conservator services
5855     under this [chapter] part; and
5856          (e) adopt rules, in accordance with Title 63G, Chapter 3, Utah Administrative
5857     Rulemaking Act, to:
5858          (i) effectuate policy; and
5859          (ii) carry out the office's role as guardian and conservator of wards as provided in this
5860     chapter.

5861          Section 157. Section 26B-6-305, which is renumbered from Section 62A-14-107 is
5862     renumbered and amended to read:
5863          [62A-14-107].      26B-6-305. Prepetition assessment and plan.
5864          (1) Before the office may file a petition in court to be appointed guardian or
5865     conservator of a person, the office shall:
5866          (a) conduct a face-to-face needs assessment, by someone other than a volunteer, to
5867     determine whether the person suffers from a mental or physical impairment that renders the
5868     person substantially incapable of:
5869          (i) caring for his personal safety;
5870          (ii) managing his financial affairs; or
5871          (iii) attending to and providing for such necessities as food, shelter, clothing, and
5872     medical care, to the extent that physical injury or illness may result;
5873          (b) assess the financial resources of the person based on information supplied to the
5874     office at the time of assessment;
5875          (c) inquire and, if appropriate, search to determine whether any other person may be
5876     willing and able to serve as the person's guardian or conservator; and
5877          (d) determine the form of guardianship or conservatorship to request of a court, if any,
5878     giving preference to the least intensive form of guardianship or conservatorship, consistent
5879     with the best interests of the person.
5880          (2) The office shall prepare an individualized guardianship or conservator plan for each
5881     ward within 60 days of appointment.
5882          Section 158. Section 26B-6-306, which is renumbered from Section 62A-14-108 is
5883     renumbered and amended to read:
5884          [62A-14-108].      26B-6-306. Office volunteers.
5885          (1) A person who desires to be an office volunteer shall:
5886          (a) possess demonstrated personal characteristics of honesty, integrity, compassion,
5887     and concern for incapacitated persons; and

5888          (b) upon request, submit information for a background check pursuant to Section
5889     26B-1-211.
5890          (2) An office volunteer may not receive compensation or benefits, but may be
5891     reimbursed by the office for expenses actually and reasonably incurred, consistent with Title
5892     67, Chapter 20, Volunteer Government Workers Act.
5893          (3) An office volunteer is immune from civil liability pursuant to Title 63G, Chapter 8,
5894     Immunity for Persons Performing Voluntary Services Act.
5895          Section 159. Section 26B-6-307, which is renumbered from Section 62A-14-109 is
5896     renumbered and amended to read:
5897          [62A-14-109].      26B-6-307. Contract for services.
5898          (1) In accordance with Title 63G, Chapter 6a, Utah Procurement Code, the office may
5899     contract with one or more providers to perform guardian and conservator duties.
5900          (2) The office shall review and monitor the services provided by a contract provider to
5901     a ward for whom the office has been appointed guardian or conservator.
5902          Section 160. Section 26B-6-308, which is renumbered from Section 62A-14-110 is
5903     renumbered and amended to read:
5904          [62A-14-110].      26B-6-308. Court, legal, and other costs.
5905          (1) The office may not be appointed as the guardian or conservator of a person unless
5906     the office petitioned for or agreed in advance to the appointment.
5907          (2) Except as provided in Subsection (4), the court shall order the ward or the ward's
5908     estate to pay for the cost of services rendered under this chapter, including court costs and
5909     reasonable [attorneys'] attorney fees.
5910          (3) If the office recovers [attorneys'] attorney fees under Subsection (2), the office shall
5911     transmit those fees to the attorneys who represented the ward or the office in connection with
5912     the ward's case.
5913          (4) If a ward is indigent, the office shall provide guardian and conservator services free
5914     of charge and shall make reasonable efforts to secure pro bono legal services for the ward.

5915          (5) Under no circumstances may court costs or [attorneys'] attorney fees be assessed to
5916     the office.
5917          Section 161. Section 26B-6-309, which is renumbered from Section 62A-14-111 is
5918     renumbered and amended to read:
5919          [62A-14-111].      26B-6-309. Duty of the county attorney or district attorney.
5920          (1) The attorney general shall advise the office on legal matters and represent the office
5921     in legal proceedings.
5922          (2) Upon the request of the attorney general, a county attorney may represent the office
5923     in connection with the filing of a petition for appointment as guardian or conservator of an
5924     incapacitated person and with routine, subsequent appearances.
5925          Section 162. Section 26B-6-401, which is renumbered from Section 62A-5-101 is
5926     renumbered and amended to read:
5927     
Part 4. Division of Services for People with Disabilities

5928          [62A-5-101].      26B-6-401. Definitions.
5929          As used in this [chapter] part:
5930          (1) "Approved provider" means a person approved by the division to provide
5931     home-based services.
5932          (2) "Board" means the Utah State Developmental Center Board created under Section
5933     [62A-5-202.5] 26B-1-429.
5934          (3) (a) "Brain injury" means an acquired injury to the brain that is neurological in
5935     nature, including a cerebral vascular accident.
5936          (b) "Brain injury" does not include a deteriorating disease.
5937          (4) "Designated intellectual disability professional" means:
5938          (a) a psychologist licensed under Title 58, Chapter 61, Psychologist Licensing Act,
5939     who:
5940          (i) (A) has at least one year of specialized training in working with persons with an
5941     intellectual disability; or

5942          (B) has at least one year of clinical experience with persons with an intellectual
5943     disability; and
5944          (ii) is designated by the division as specially qualified, by training and experience, in
5945     the treatment of an intellectual disability; or
5946          (b) a clinical social worker, certified social worker, marriage and family therapist, or
5947     professional counselor, licensed under Title 58, Chapter 60, Mental Health Professional
5948     Practice Act, who:
5949          (i) has at least two years of clinical experience with persons with an intellectual
5950     disability; and
5951          (ii) is designated by the division as specially qualified, by training and experience, in
5952     the treatment of an intellectual disability.
5953          (5) "Deteriorating disease" includes:
5954          (a) multiple sclerosis;
5955          (b) muscular dystrophy;
5956          (c) Huntington's chorea;
5957          (d) Alzheimer's disease;
5958          (e) ataxia; or
5959          (f) cancer.
5960          (6) "Developmental center" means the Utah State Developmental Center, established in
5961     accordance with Part [2] 5, Utah State Developmental Center.
5962          (7) "Director" means the director of the Division of Services for People with
5963     Disabilities.
5964          (8) "Direct service worker" means a person who provides services to a person with a
5965     disability:
5966          (a) when the services are rendered in:
5967          (i) the physical presence of the person with a disability; or
5968          (ii) a location where the person rendering the services has access to the physical

5969     presence of the person with a disability; and
5970          (b) (i) under a contract with the division;
5971          (ii) under a grant agreement with the division; or
5972          (iii) as an employee of the division.
5973          (9) (a) "Disability" means a severe, chronic disability that:
5974          (i) is attributable to:
5975          (A) an intellectual disability;
5976          (B) a condition that qualifies a person as a person with a related condition, as defined
5977     in 42 C.F.R. Sec. 435.1010;
5978          (C) a physical disability; or
5979          (D) a brain injury;
5980          (ii) is likely to continue indefinitely;
5981          (iii) (A) for a condition described in Subsection (9)(a)(i)(A), (B), or (C), results in a
5982     substantial functional limitation in three or more of the following areas of major life activity:
5983          (I) self-care;
5984          (II) receptive and expressive language;
5985          (III) learning;
5986          (IV) mobility;
5987          (V) self-direction;
5988          (VI) capacity for independent living; or
5989          (VII) economic self-sufficiency; or
5990          (B) for a condition described in Subsection (9)(a)(i)(D), results in a substantial
5991     limitation in three or more of the following areas:
5992          (I) memory or cognition;
5993          (II) activities of daily life;
5994          (III) judgment and self-protection;
5995          (IV) control of emotions;

5996          (V) communication;
5997          (VI) physical health; or
5998          (VII) employment; and
5999          (iv) requires a combination or sequence of special interdisciplinary or generic care,
6000     treatment, or other services that:
6001          (A) may continue throughout life; and
6002          (B) must be individually planned and coordinated.
6003          (b) "Disability" does not include a condition due solely to:
6004          (i) mental illness;
6005          (ii) personality disorder;
6006          (iii) deafness or being hard of hearing;
6007          (iv) visual impairment;
6008          (v) learning disability;
6009          (vi) behavior disorder;
6010          (vii) substance abuse; or
6011          (viii) the aging process.
6012          (10) "Division" means the Division of Services for People with Disabilities.
6013          (11) "Eligible to receive division services" or "eligibility" means qualification, based
6014     on criteria established by the division, to receive services that are administered by the division.
6015          (12) "Endorsed program" means a facility or program that:
6016          (a) is operated:
6017          (i) by the division; or
6018          (ii) under contract with the division; or
6019          (b) provides services to a person committed to the division under Part [3] 6, Admission
6020     to an Intermediate Care Facility for People with an Intellectual Disability.
6021          (13) "Licensed physician" means:
6022          (a) an individual licensed to practice medicine under:

6023          (i) Title 58, Chapter 67, Utah Medical Practice Act; or
6024          (ii) Title 58, Chapter 68, Utah Osteopathic Medical Practice Act; or
6025          (b) a medical officer of the United States Government while in this state in the
6026     performance of official duties.
6027          (14) "Limited support services" means services that are administered by the division to
6028     individuals with a disability:
6029          (a) under a waiver authorized under 42 U.S.C. Sec. 1396n(c) by the Centers for
6030     Medicare and Medicaid Services that permits the division to limit services to an individual who
6031     is eligible to receive division services; and
6032          (b) through a program that:
6033          (i) was not operated by the division on or before January 1, 2020; and
6034          (ii) (A) limits the kinds of services that an individual may receive; or
6035          (B) sets a maximum total dollar amount for program services provided to each
6036     individual.
6037          (15) "Physical disability" means a medically determinable physical impairment that has
6038     resulted in the functional loss of two or more of a person's limbs.
6039          (16) "Public funds" means state or federal funds that are disbursed by the division.
6040          (17) "Resident" means an individual under observation, care, or treatment in an
6041     intermediate care facility for people with an intellectual disability.
6042          (18) "Sustainability fund" means the Utah State Developmental Center Long-Term
6043     Sustainability Fund created in Section [62A-5-206.7] 26B-1-331.
6044          Section 163. Section 26B-6-402, which is renumbered from Section 62A-5-102 is
6045     renumbered and amended to read:
6046          [62A-5-102].      26B-6-402. Division of Services for People with Disabilities --
6047     Creation -- Authority -- Direction -- Provision of services.
6048          (1) There is created within the department the Division of Services for People with
6049     Disabilities, under the administrative direction of the executive director of the department.

6050          (2) In accordance with this [chapter] part, the division has the responsibility to plan and
6051     deliver an appropriate array of services and supports to persons with disabilities and their
6052     families in this state.
6053          (3) Within appropriations from the Legislature, the division shall provide services to
6054     any individual with a disability who is eligible to receive division services.
6055          (4) (a) Except as provided in Subsection (4)(c), any new appropriations designated to
6056     serve eligible individuals waiting for services from the division shall be allocated, as
6057     determined by the division by rule based on the:
6058          (i) severity of the disability;
6059          (ii) urgency of the need for services;
6060          (iii) ability of a parent or guardian to provide the individual with appropriate care and
6061     supervision; and
6062          (iv) length of time during which the individual has not received services from the
6063     division.
6064          (b) Funds from Subsection (4)(a) that are not spent by the division at the end of the
6065     fiscal year may be used as set forth in Subsection (7).
6066          (c) Subsections (4)(a) and (b) do not apply to any new appropriations designated to
6067     provide limited support services.
6068          (5) The division:
6069          (a) has the functions, powers, duties, rights, and responsibilities described in Section
6070     [62A-5-103] 26B-6-403; and
6071          (b) is authorized to work in cooperation with other state, governmental, and private
6072     agencies to carry out the responsibilities described in Subsection (5)(a).
6073          (6) Within appropriations authorized by the Legislature, and to the extent allowed
6074     under Title XIX of the Social Security Act, the division shall ensure that the services and
6075     support that the division provides to an individual with a disability:
6076          (a) are provided in the least restrictive and most enabling environment;

6077          (b) ensure opportunities to access employment; and
6078          (c) enable reasonable personal choice in selecting services and support that:
6079          (i) best meet individual needs; and
6080          (ii) promote:
6081          (A) independence;
6082          (B) productivity; and
6083          (C) integration in community life.
6084          (7) (a) Appropriations to the division are nonlapsing.
6085          (b) After an individual stops receiving services under this section, the division shall use
6086     the funds that paid for the individual's services to provide services under this section to another
6087     eligible individual in an intermediate care facility transitioning to division services, if the funds
6088     were allocated under a program established under Section [26-18-3] 26B-3-108 to transition
6089     individuals with intellectual disabilities from an intermediate care facility.
6090          (c) Except as provided in Subsection (7)(b), if an individual receiving services under
6091     Subsection (4)(a) ceases to receive those services, the division shall use the funds that were
6092     allocated to that individual to provide services to another eligible individual waiting for
6093     services as described in Subsection (4)(a).
6094          (d) Funds unexpended by the division at the end of the fiscal year may be used only for
6095     one-time expenditures unless otherwise authorized by the Legislature.
6096          (e) A one-time expenditure under this section:
6097          (i) is not an entitlement;
6098          (ii) may be withdrawn at any time; and
6099          (iii) may provide short-term, limited services, including:
6100          (A) respite care;
6101          (B) service brokering;
6102          (C) family skill building and preservation classes;
6103          (D) after school group services; and

6104          (E) other professional services.
6105          Section 164. Section 26B-6-403, which is renumbered from Section 62A-5-103 is
6106     renumbered and amended to read:
6107          [62A-5-103].      26B-6-403. Responsibility and authority of division.
6108          (1) For purposes of this section "administer" means to:
6109          (a) plan;
6110          (b) develop;
6111          (c) manage;
6112          (d) monitor; and
6113          (e) conduct certification reviews.
6114          (2) The division has the authority and responsibility to:
6115          (a) administer an array of services and supports for persons with disabilities and their
6116     families throughout the state;
6117          (b) make rules in accordance with Title 63G, Chapter 3, Utah Administrative
6118     Rulemaking Act, that establish eligibility criteria for the services and supports described in
6119     Subsection (2)(a);
6120          (c) consistent with Section [62A-5-206] 26B-6-506, supervise the programs and
6121     facilities of the Developmental Center;
6122          (d) in order to enhance the quality of life for a person with a disability, establish either
6123     directly, or by contract with private, nonprofit organizations, programs of:
6124          (i) outreach;
6125          (ii) information and referral;
6126          (iii) prevention;
6127          (iv) technical assistance; and
6128          (v) public awareness;
6129          (e) supervise the programs and facilities operated by, or under contract with, the
6130     division;

6131          (f) cooperate with other state, governmental, and private agencies that provide services
6132     to a person with a disability;
6133          (g) subject to Subsection (3), ensure that a person with a disability is not deprived of
6134     that person's constitutionally protected rights without due process procedures designed to
6135     minimize the risk of error when a person with a disability is admitted to an intermediate care
6136     facility for people with an intellectual disability, including:
6137          (i) the developmental center; and
6138          (ii) facilities within the community;
6139          (h) determine whether to approve providers;
6140          (i) monitor and sanction approved providers, as specified in the providers' contract;
6141          (j) subject to Section [62A-5-103.5] 26B-6-410, receive and disburse public funds;
6142          (k) review financial actions of a provider who is a representative payee appointed by
6143     the Social Security Administration;
6144          (l) establish standards and rules for the administration and operation of programs
6145     conducted by, or under contract with, the division;
6146          (m) approve and monitor division programs to insure compliance with the board's rules
6147     and standards;
6148          (n) establish standards and rules necessary to fulfill the division's responsibilities under
6149     Part [2] 5, Utah State Developmental Center, and Part [3] 6, Admission to an Intermediate Care
6150     Facility for People with an Intellectual Disability, with regard to an intermediate care facility
6151     for people with an intellectual disability;
6152          (o) assess and collect equitable fees for a person who receives services provided under
6153     this chapter;
6154          (p) maintain records of, and account for, the funds described in Subsection (2)(o);
6155          (q) establish and apply rules to determine whether to approve, deny, or defer the
6156     division's services to a person who is:
6157          (i) applying to receive the services; or

6158          (ii) currently receiving the services;
6159          (r) in accordance with state law, establish rules:
6160          (i) relating to an intermediate care facility for people with an intellectual disability that
6161     is an endorsed program; and
6162          (ii) governing the admission, transfer, and discharge of a person with a disability;
6163          (s) manage funds for a person residing in a facility operated by the division:
6164          (i) upon request of a parent or guardian of the person; or
6165          (ii) under administrative or court order; and
6166          (t) fulfill the responsibilities described in [Chapter 5a, Coordinating Council for
6167     Persons with Disabilities] Section 26B-1-430.
6168          (3) The due process procedures described in Subsection (2)(g):
6169          (a) shall include initial and periodic reviews to determine the constitutional
6170     appropriateness of the placement; and
6171          (b) with regard to facilities in the community, do not require commitment to the
6172     division.
6173          Section 165. Section 26B-6-404, which is renumbered from Section 62A-5-104 is
6174     renumbered and amended to read:
6175          [62A-5-104].      26B-6-404. Director -- Qualifications -- Responsibilities.
6176          (1) The director of the division shall be appointed by the executive director.
6177          (2) The director shall have a bachelor's degree from an accredited university or college,
6178     be experienced in administration, and be knowledgeable in developmental disabilities,
6179     intellectual disabilities, and other disabilities.
6180          (3) The director is the administrative head of the division.
6181          (4) The director shall appoint the superintendent of the developmental center and the
6182     necessary and appropriate administrators for other facilities operated by the division with the
6183     concurrence of the executive director.
6184          Section 166. Section 26B-6-405, which is renumbered from Section 62A-5-105 is

6185     renumbered and amended to read:
6186          [62A-5-105].      26B-6-405. Division responsibilities -- Policy mediation.
6187          (1) The division shall establish its rules in accordance with:
6188          (a) the policy of the Legislature as set forth by this [chapter] part; and
6189          (b) Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
6190          (2) The division shall:
6191          (a) establish program policy for the division, the developmental center, and programs
6192     and facilities operated by or under contract with the division;
6193          (b) establish rules for the assessment and collection of fees for programs within the
6194     division;
6195          (c) no later than July 1, 2003, establish a graduated fee schedule based on ability to pay
6196     and implement the schedule with respect to service recipients and their families where not
6197     otherwise prohibited by federal law or regulation or not otherwise provided for in Section
6198     [62A-5-109] 26B-6-411;
6199          (d) establish procedures to ensure that private citizens, consumers, private contract
6200     providers, allied state and local agencies, and others are provided with an opportunity to
6201     comment and provide input regarding any new policy or proposed revision to an existing
6202     policy;
6203          (e) provide a mechanism for systematic and regular review of existing policy and for
6204     consideration of policy changes proposed by the persons and agencies described under
6205     Subsection (2)(d);
6206          (f) establish and periodically review the criteria used to determine who may receive
6207     services from the division and how the delivery of those services is prioritized within available
6208     funding;
6209          (g) review implementation and compliance by the division with policies established by
6210     the board to ensure that the policies established by the Legislature in this chapter are carried
6211     out; and

6212          (h) annually report to the executive director.
6213          (3) The executive director shall mediate any differences which arise between the
6214     policies of the division and those of any other policy board or division in the department.
6215          Section 167. Section 26B-6-406, which is renumbered from Section 62A-5-106 is
6216     renumbered and amended to read:
6217          [62A-5-106].      26B-6-406. Powers of other state agencies -- Severability.
6218          Nothing in this part shall be construed to supersede or limit the authority granted by law
6219     to any other state agency. If any provision of this part, or the application of any provision to
6220     the person or circumstance, is held invalid, the remainder of this part shall not be affected.
6221          Section 168. Section 26B-6-407, which is renumbered from Section 62A-5-103.1 is
6222     renumbered and amended to read:
6223          [62A-5-103.1].      26B-6-407. Program for provision of supported employment
6224     services.
6225          (1) There is established a program for the provision of supported employment services
6226     to be administered by the division.
6227          (2) The division shall make rules, in accordance with Title 63G, Chapter 3, Utah
6228     Administrative Rulemaking Act, as necessary for the implementation and administration of the
6229     program described in this section.
6230          (3) In accordance with Subsection (4), within funds appropriated by the Legislature for
6231     the program described in this section, the division shall provide supported employment
6232     services to a person with a disability who:
6233          (a) is eligible to receive services from the division;
6234          (b) has applied for, and is waiting to, receive services from the division;
6235          (c) is not receiving other ongoing services from the division;
6236          (d) is not able to receive sufficient supported employment services from other sources;
6237          (e) the division determines would substantially benefit from the provision of supported
6238     employment services; and

6239          (f) does not require the provision of other ongoing services from the division in order
6240     to substantially benefit from the provision of supported employment services.
6241          (4) (a) The division shall provide supported employment services under this section
6242     outside of the prioritization criteria established by the division for the receipt of other services
6243     from the division.
6244          (b) The division shall establish criteria to determine the priority, between persons
6245     eligible for services under this section, for receiving services under this section.
6246          (5) It is the intent of the Legislature that the services provided under the program
6247     described in this section:
6248          (a) shall be provided separately from the Medicaid program described in Title XIX of
6249     the Social Security Act;
6250          (b) may not be supported with Medicaid funds;
6251          (c) may not be provided as part of a Medicaid waiver;
6252          (d) do not constitute an entitlement of any kind; and
6253          (e) may be withdrawn from a person at any time.
6254          Section 169. Section 26B-6-408, which is renumbered from Section 62A-5-103.2 is
6255     renumbered and amended to read:
6256          [62A-5-103.2].      26B-6-408. Pilot Program for the Provision of Family
6257     Preservation Services.
6258          (1) There is established a pilot program for the provision of family preservation
6259     services to a person with a disability and that person's family, beginning on July 1, 2007, and
6260     ending on July 1, 2009.
6261          (2) The family preservation services described in Subsection (1) may include:
6262          (a) family skill building classes;
6263          (b) respite hours for class attendance; or
6264          (c) professional intervention.
6265          (3) The division shall make rules, in accordance with Title 63G, Chapter 3, Utah

6266     Administrative Rulemaking Act, as necessary for the implementation and administration of this
6267     section.
6268          (4) In accordance with Subsection (5), within funds appropriated by the Legislature for
6269     the pilot program described in this section, the division shall provide family preservation
6270     services to a person with a disability, and that person's family, if that person:
6271          (a) is eligible to receive services from the division;
6272          (b) has applied for, and is willing to receive, services from the division;
6273          (c) is not receiving other ongoing services from the division;
6274          (d) is not able to receive sufficient family preservation services from other sources;
6275          (e) is determined by the division to be a person who would substantially benefit from
6276     the provision of family preservation services; and
6277          (f) does not require the provision of other ongoing services from the division in order
6278     to substantially benefit from the provision of family preservation services.
6279          (5) (a) The division shall provide family preservation services under this section
6280     outside of the prioritization criteria established by the division for the receipt of other services
6281     from the division.
6282          (b) The division shall establish criteria to determine the priority, between persons
6283     eligible for services under this section, for receiving services under this section.
6284          (6) It is the intent of the Legislature that the services provided under the pilot program
6285     described in this section:
6286          (a) shall be provided separately from the Medicaid program described in Title XIX of
6287     the Social Security Act;
6288          (b) may not be supported with Medicaid funds;
6289          (c) may not be provided as part of a Medicaid waiver;
6290          (d) do not constitute an entitlement of any kind; and
6291          (e) may be withdrawn from a person at any time.
6292          Section 170. Section 26B-6-409, which is renumbered from Section 62A-5-103.3 is

6293     renumbered and amended to read:
6294          [62A-5-103.3].      26B-6-409. Employment first emphasis on the provision of
6295     services.
6296          (1) When providing services to a person with a disability under this chapter, the
6297     division shall, within funds appropriated by the Legislature and in accordance with the
6298     requirements of federal and state law, give priority to providing services that assist the person
6299     in obtaining and retaining meaningful and gainful employment that enables the person to:
6300          (a) purchase goods and services;
6301          (b) establish self-sufficiency; and
6302          (c) exercise economic control of the person's life.
6303          (2) The division shall develop a written plan to implement the policy described in
6304     Subsection (1) that includes:
6305          (a) assessing the strengths and needs of a person with a disability;
6306          (b) customizing strength-based approaches to obtaining employment;
6307          (c) expecting, encouraging, providing, and rewarding:
6308          (i) integrated employment in the workplace at competitive wages and benefits; and
6309          (ii) self-employment;
6310          (d) developing partnerships with potential employers;
6311          (e) maximizing appropriate employment training opportunities;
6312          (f) coordinating services with other government agencies and community resources;
6313          (g) to the extent possible, eliminating practices and policies that interfere with the
6314     policy described in Subsection (1); and
6315          (h) arranging sub-minimum wage work or volunteer work when employment at market
6316     rates cannot be obtained.
6317          (3) The division shall, on an annual basis:
6318          (a) set goals to implement the policy described in Subsection (1) and the plan described
6319     in Subsection (2);

6320          (b) determine whether the goals for the previous year have been met; and
6321          (c) modify the plan described in Subsection (2) as needed.
6322          Section 171. Section 26B-6-410, which is renumbered from Section 62A-5-103.5 is
6323     renumbered and amended to read:
6324          [62A-5-103.5].      26B-6-410. Disbursal of public funds -- Background check of
6325     a direct service worker.
6326          (1) For purposes of this section, "office" means the same as that term is defined in
6327     Section [62A-2-101] 26B-2-101.
6328          (2) Public funds may not be disbursed to pay a direct service worker for personal
6329     services rendered to a person unless the office approves the direct service worker to have direct
6330     access and provide services to a child or a vulnerable adult pursuant to Section [62A-2-120]
6331     26B-2-120.
6332          (3) For purposes of Subsection (2), the office shall conduct a background check of a
6333     direct service worker:
6334          (a) before public funds are disbursed to pay the direct service worker for the personal
6335     services described in Subsection (2); and
6336          (b) using the same procedures established for a background check of an applicant for a
6337     license under Section [62A-2-120] 26B-2-120.
6338          (4) A child who is in the legal custody of the department or any of the department's
6339     divisions may not be placed with a direct service worker unless, before the child is placed with
6340     the direct service worker, the direct service worker passes a background check, pursuant to the
6341     requirements of Subsection [62A-2-120] 26B-2-120(14).
6342          (5) If a public transit district, as described in Title 17B, Chapter 2a, Part 8, Public
6343     Transit District Act, contracts with the division to provide services:
6344          (a) the provisions of this section are not applicable to a direct service worker employed
6345     by the public transit district; and
6346          (b) the division may not reimburse the public transit district for services provided

6347     unless a direct service worker hired or transferred internally after July 1, 2013, by the public
6348     transit district to drive a paratransit route:
6349          (i) is approved by the office to have direct access to children and vulnerable adults in
6350     accordance with Section [62A-2-120] 26B-2-120; and
6351          (ii) is subject to a background check established in a statute or rule governing a public
6352     transit district or other public transit district policy.
6353          Section 172. Section 26B-6-411, which is renumbered from Section 62A-5-109 is
6354     renumbered and amended to read:
6355          [62A-5-109].      26B-6-411. Parent liable for cost and support of minor --
6356     Guardian liable for costs.
6357          (1) Parents of a person who receives services or support from the division, who are
6358     financially responsible, are liable for the cost of the actual care and maintenance of that person
6359     and for the support of the child in accordance with Title 78B, Chapter 12, Utah Child Support
6360     Act, and [Title 62A, Chapter 11,] Chapter 9, Part 1, Office of Recovery Services, until the
6361     person reaches 18 years [of age] old.
6362          (2) A guardian of a person who receives services or support from the division is liable
6363     for the cost of actual care and maintenance of that person, regardless of his age, where funds
6364     are available in the guardianship estate established on his behalf for that purpose. However, if
6365     the person who receives services is a beneficiary of a trust created in accordance with Section
6366     [62A-5-110] 26B-6-412, or if the guardianship estate meets the requirements of a trust
6367     described in that section, the trust income prior to distribution to the beneficiary, and the trust
6368     principal are not subject to payment for services or support for that person.
6369          (3) If, at the time a person who receives services or support from the division is
6370     discharged from a facility or program owned or operated by or under contract with the division,
6371     or after the death and burial of a resident of the developmental center, there remains in the
6372     custody of the division or the superintendent any money paid by a parent or guardian for the
6373     support or maintenance of that person, it shall be repaid upon demand.

6374          Section 173. Section 26B-6-412, which is renumbered from Section 62A-5-110 is
6375     renumbered and amended to read:
6376          [62A-5-110].      26B-6-412. Discretionary trust for an individual with a
6377     disability -- Impact on state services.
6378          (1) For purposes of this section:
6379          (a) "Discretionary trust for an individual with a disability" means a trust:
6380          (i) that is established for the benefit of an individual who, at the time the trust is
6381     created, is under [age] 65 years old and has a disability, as defined in 42 U.S.C. Sec. 1382c;
6382          (ii) under which the trustee has discretionary power to determine distributions;
6383          (iii) under which the individual may not control or demand payments unless an abuse
6384     of the trustee's duties or discretion is shown;
6385          (iv) that contains the assets of the individual and is established for the benefit of the
6386     individual by the individual, a court, or a parent, grandparent, or legal guardian of the
6387     individual;
6388          (v) that is irrevocable, except that the trust document may provide that the trust be
6389     terminated if the individual no longer has a disability, as defined in 42 U.S.C. Sec. 1382c;
6390          (vi) that is invalid as to any portion funded by property that is or may be subject to a
6391     lien by the state; and
6392          (vii) that provides that, upon the death of the individual, the state will receive all
6393     amounts remaining in the trust, up to an amount equal to the total medical assistance paid on
6394     behalf of the individual.
6395          (b) "Medical assistance" means the same as that term is defined in Section [26-18-2]
6396     26B-3-101.
6397          (2) A state agency providing services or support to an individual with a disability may:
6398          (a) waive application of Subsection (1)(a)(v) with respect to that individual if the state
6399     agency determines that application of the criteria would place an undue hardship upon that
6400     individual; and

6401          (b) define, by rule, what constitutes "undue hardship" for purposes of this section.
6402          (3) A discretionary trust for an individual with a disability is not liable for
6403     reimbursement or payment to the state or any state agency, for financial aid or services
6404     provided to that individual except:
6405          (a) to the extent that the trust property has been distributed directly to or is otherwise
6406     under the control of the beneficiary with a disability; or
6407          (b) as provided in Subsection (1)(a)(vi).
6408          (4) Property, goods, and services that are purchased or owned by a discretionary trust
6409     for an individual with a disability and that are used or consumed by a beneficiary with a
6410     disability shall not be considered trust property that is distributed to or under the control of the
6411     beneficiary.
6412          (5) The benefits that an individual with a disability is otherwise legally entitled to may
6413     not be reduced, impaired, or diminished in any way because of contribution to a discretionary
6414     trust for that individual.
6415          (6) All state agencies shall disregard a discretionary trust for an individual with a
6416     disability as a resource when determining eligibility for services or support except as, and only
6417     to the extent that it is otherwise prohibited by federal law.
6418          (7) This section applies to all discretionary trusts that meet the requirements contained
6419     in Subsection (1) created before, on, or after July 1, 1994.
6420          Section 174. Section 26B-6-413, which is renumbered from Section 62A-5-402 is
6421     renumbered and amended to read:
6422          [62A-5-402].      26B-6-413. Scope of home based services -- Purpose --
6423     Principles -- Services for individuals younger than 11 years old.
6424          (1) The purpose of this section is to provide support to families in their role as primary
6425     caregivers for family members with disabilities.
6426          [(1)] (2) (a) To enable a person with a disability and the person's family to select
6427     services and supports that best suit their needs and preferences, the division shall, within

6428     appropriations from the Legislature, provide services and supports under this part by giving
6429     direct financial assistance to the parent or guardian of a person with a disability who resides at
6430     home.
6431          (b) The dollar value of direct financial assistance is determined by the division based
6432     on:
6433          (i) appropriations from the Legislature; and
6434          (ii) the needs of the person with a disability.
6435          (c) In determining whether to provide direct financial assistance to the family, the
6436     division shall consider:
6437          (i) the family's preference; and
6438          (ii) the availability of approved providers in the area where the family resides.
6439          (d) If the division provides direct financial assistance, the division:
6440          (i) shall require the family to account for the use of that financial assistance; and
6441          (ii) shall tell the person with a disability or the person's parent or guardian how long the
6442     direct financial assistance is intended to provide services and supports before additional direct
6443     financial assistance is issued.
6444          (e) Except for eligibility determination services directly connected to the provision of
6445     direct financial assistance, service coordination is not provided under this part by the division
6446     unless the person with a disability or the person's parent or guardian uses the direct financial
6447     assistance to purchase such services.
6448          [(2)] (3) The following principles shall be used as the basis for supporting families who
6449     care for family members with disabilities:
6450          (a) all children, regardless of disability, should reside in a family-like environment;
6451          (b) families should receive the support they need to care for their children at home;
6452          (c) services should:
6453          (i) focus on the person with a disability;
6454          (ii) take into consideration the family of the person described in Subsection [(2)]

6455     (3)(c)(i);
6456          (iii) be sensitive to the unique needs, preferences, and strengths of individual families;
6457     and
6458          (iv) complement and reinforce existing sources of help and support that are available to
6459     each family.
6460          (4) Except as provided in Subsection (5), after June 30, 1996, the division may not
6461     provide residential services to persons with disabilities who are under 11 years old.
6462          (5) The prohibition of Subsection (4) does not include residential services that are
6463     provided:
6464          (a) for persons in the custody of the Division of Child and Family Services;
6465          (b) under a plan for home-based services, including respite and temporary residential
6466     care or services provided by a professional parent under contract with the division; or
6467          (c) after a written finding by the director that out-of-home residential placement is the
6468     most appropriate way to meet the needs of the person with disabilities and his family.
6469          Section 175. Section 26B-6-501 is enacted to read:
6470     
Part 5. Utah State Developmental Center

6471          26B-6-501. Definitions.
6472          The definitions in Section 26B-6-401 apply to this part.
6473          Section 176. Section 26B-6-502, which is renumbered from Section 62A-5-201 is
6474     renumbered and amended to read:
6475          [62A-5-201].      26B-6-502. Utah State Developmental Center.
6476          (1) The intermediate care facility for people with an intellectual disability located in
6477     American Fork City, Utah County, shall be known as the "Utah State Developmental Center."
6478          (2) Within appropriations authorized by the Legislature, the role and function of the
6479     developmental center is to:
6480          (a) provide care, services, and treatment to persons described in Subsection (3); and
6481          (b) provide the following services and support to persons with disabilities who do not

6482     reside at the developmental center:
6483          (i) psychiatric testing;
6484          (ii) specialized medical treatment and evaluation;
6485          (iii) specialized dental treatment and evaluation;
6486          (iv) family and client special intervention;
6487          (v) crisis management;
6488          (vi) occupational, physical, speech, and audiology services; and
6489          (vii) professional services, such as education, evaluation, and consultation, for families,
6490     public organizations, providers of community and family support services, and courts.
6491          (3) Except as provided in Subsection (6), within appropriations authorized by the
6492     Legislature, and notwithstanding the provisions of Part [3] 6, Admission to an Intermediate
6493     Care Facility for People with an Intellectual Disability, only the following persons may be
6494     residents of, be admitted to, or receive care, services, or treatment at the developmental center:
6495          (a) persons with an intellectual disability;
6496          (b) persons who receive services and supports under Subsection (2)(b); and
6497          (c) persons who require at least one of the following services from the developmental
6498     center:
6499          (i) continuous medical care;
6500          (ii) intervention for conduct that is dangerous to self or others; or
6501          (iii) temporary residential assessment and evaluation.
6502          (4) (a) Except as provided in Subsection (6), the division shall, in the division's
6503     discretion:
6504          (i) place residents from the developmental center into appropriate less restrictive
6505     placements; and
6506          (ii) determine each year the number to be placed based upon the individual assessed
6507     needs of the residents.
6508          (b) The division shall confer with parents and guardians to ensure the most appropriate

6509     placement for each resident.
6510          (5) Except as provided in Subsection (7), within appropriations authorized by the
6511     Legislature, and notwithstanding the provisions of Subsection (3) and Part [3] 6, Admission to
6512     an Intermediate Care Facility for People with an Intellectual Disability, a person who is under
6513     18 years [of age] old may be a resident of, admitted to, or receive care, services, or treatment at
6514     the developmental center only if the director certifies in writing that the developmental center
6515     is the most appropriate placement for that person.
6516          (6) (a) If the division determines, pursuant to Utah's Community Supports Waiver for
6517     Individuals with Intellectual Disabilities and Other Related Conditions, that a person who
6518     otherwise qualifies for placement in an intermediate care facility for people with an intellectual
6519     disability should receive services in a home or community-based setting, the division shall:
6520          (i) if the person does not have a legal representative or legal guardian:
6521          (A) inform the person of any feasible alternatives under the waiver; and
6522          (B) give the person the choice of being placed in an intermediate care facility for
6523     people with an intellectual disability or receiving services in a home or community-based
6524     setting; or
6525          (ii) if the person has a legal representative or legal guardian:
6526          (A) inform the legal representative or legal guardian of any feasible alternatives under
6527     the waiver; and
6528          (B) give the legal representative or legal guardian the choice of having the person
6529     placed in an intermediate care facility for people with an intellectual disability or receiving
6530     services in a home or community-based setting.
6531          (b) If a person chooses, under Subsection (6)(a)(i), to be placed in an intermediate care
6532     facility for people with an intellectual disability instead of receiving services in a home or
6533     community-based setting, the division shall:
6534          (i) ask the person whether the person prefers to be placed in the developmental center
6535     rather than a private intermediate care facility for people with an intellectual disability; and

6536          (ii) if the person expresses a preference to be placed in the developmental center:
6537          (A) place the person in the developmental center if the cost of placing the person in the
6538     developmental center is equal to, or less than, the cost of placing the person in a private
6539     intermediate care facility for people with an intellectual disability; or
6540          (B) (I) strongly consider the person's preference to be placed in the developmental
6541     center if the cost of placing the person in the developmental center exceeds the cost of placing
6542     the person in a private intermediate care facility for people with an intellectual disability; and
6543          (II) place the person in the developmental center or a private intermediate care facility
6544     for people with an intellectual disability.
6545          (c) If a legal representative or legal guardian chooses, under Subsection (6)(a)(ii), to
6546     have the person placed in an intermediate care facility for people with an intellectual disability
6547     instead of receiving services in a home or community-based setting, the division shall:
6548          (i) ask the legal representative or legal guardian whether the legal representative or
6549     legal guardian prefers to have the person placed in the developmental center rather than a
6550     private intermediate care facility for people with an intellectual disability; and
6551          (ii) if the legal representative or legal guardian expresses a preference to have the
6552     person placed in the developmental center:
6553          (A) place the person in the developmental center if the cost of placing the person in the
6554     developmental center is equal to, or less than, the cost of placing the person in a private
6555     intermediate care facility for people with an intellectual disability; or
6556          (B) (I) strongly consider the legal representative's or legal guardian's preference for the
6557     person's placement if the cost of placing the person in the developmental center exceeds the
6558     cost of placing the person in a private intermediate care facility for people with an intellectual
6559     disability; and
6560          (II) place the person in the developmental center or a private intermediate care facility
6561     for people with an intellectual disability.
6562          (7) The certification described in Subsection (5) is not required for a person who

6563     receives services and support under Subsection (2)(b).
6564          Section 177. Section 26B-6-503, which is renumbered from Section 62A-5-202 is
6565     renumbered and amended to read:
6566          [62A-5-202].      26B-6-503. Developmental center within division.
6567          The programs and facilities of the developmental center are within the division, and
6568     under the policy direction of the division.
6569          Section 178. Section 26B-6-504, which is renumbered from Section 62A-5-203 is
6570     renumbered and amended to read:
6571          [62A-5-203].      26B-6-504. Operation, maintenance, and repair of
6572     developmental center buildings and grounds.
6573          (1) The division shall operate, maintain, and repair the buildings, grounds, and physical
6574     properties of the developmental center. However, the roads and driveways on the grounds of
6575     the developmental center shall be maintained by the Department of Transportation.
6576          (2) The division has authority to make improvements to the buildings, grounds, and
6577     physical properties of the developmental center, as it deems necessary for the care and safety of
6578     the residents.
6579          Section 179. Section 26B-6-505, which is renumbered from Section 62A-5-205 is
6580     renumbered and amended to read:
6581          [62A-5-205].      26B-6-505. State Board of Education -- Education of
6582     children at developmental center.
6583          (1) The State Board of Education is responsible for the education of school-aged
6584     children at the developmental center.
6585          (2) In order to fulfill its responsibility under Subsection (1), the State Board of
6586     Education shall, where feasible, contract with local school districts or other appropriate
6587     agencies to provide educational and related administrative services.
6588          (3) Medical, residential, and other services that are not the responsibility of the State
6589     Board of Education or other state agencies are the responsibility of the division.

6590          Section 180. Section 26B-6-506, which is renumbered from Section 62A-5-206 is
6591     renumbered and amended to read:
6592          [62A-5-206].      26B-6-506. Powers and duties of division.
6593          The powers and duties of the division, with respect to the developmental center are as
6594     follows:
6595          (1) to establish rules, not inconsistent with law, for the government of the
6596     developmental center;
6597          (2) to establish rules governing the admission and discharge of persons with an
6598     intellectual disability in accordance with state law;
6599          (3) to employ necessary medical and other professional personnel to assist in
6600     establishing rules relating to the developmental center and to the treatment and training of
6601     persons with an intellectual disability at the center;
6602          (4) to transfer a person who has been committed to the developmental center under
6603     Part [3] 6, Admission to an Intermediate Care Facility for People with an Intellectual
6604     Disability, to any other facility or program operated by or under contract with the division, after
6605     careful evaluation of the treatment needs of that person, if the facilities or programs available
6606     meet the needs indicated, and if transfer would be in the best interest of that person. A person
6607     transferred shall remain under the jurisdiction of the division;
6608          (5) the developmental center may receive a person who meets the requirements of
6609     Subsection [62A-5-201] 26B-6-502(3) from any other facility or program operated by or under
6610     contract with the division, after careful evaluation of the treatment needs of that person, if the
6611     facility or programs of the developmental center meet those needs, and if transfer would be in
6612     the best interest of that person. A person so received by the developmental center remains
6613     under the jurisdiction of the division;
6614          (6) to manage funds for a person residing in the developmental center, upon request by
6615     that person's parent or guardian, or upon administrative or court order;
6616          (7) to charge and collect a fair and equitable fee from developmental center residents,

6617     parents who have the ability to pay, or guardians where funds for that purpose are available;
6618     and
6619          (8) supervision and administration of security responsibilities for the developmental
6620     center is vested in the division. The executive director may designate, as special function
6621     officers, individuals to perform special security functions for the developmental center that
6622     require peace officer authority. Those special function officers may not become or be
6623     designated as members of the Public Safety Retirement System.
6624          Section 181. Section 26B-6-507, which is renumbered from Section 62A-5-206.6 is
6625     renumbered and amended to read:
6626          [62A-5-206.6].      26B-6-507. Utah State Developmental Center land and water
6627     rights.
6628          (1) As used in this section, "long-term lease" means:
6629          (a) a lease with a term of five years or more; or
6630          (b) a lease with a term of less than five years that may be unilaterally renewed by the
6631     lessee.
6632          (2) (a) Notwithstanding Section 65A-4-1, any sale, long-term lease, or other disposition
6633     of real property, water rights, or water shares associated with the developmental center shall be
6634     conducted as provided in this Subsection (2).
6635          (b) The board shall:
6636          (i) approve the sale, long-term lease, or other disposition of real property, water rights,
6637     or water shares associated with the developmental center;
6638          (ii) secure the approval of the Legislature before offering the real property, water
6639     rights, or water shares for sale, long-term lease, or other disposition; and
6640          (iii) if the Legislature's approval is secured, as described in Subsection (2)(b)(ii), direct
6641     the Division of Facilities Construction and Management to convey, lease, or dispose of the real
6642     property, water rights, or water shares associated with the developmental center according to
6643     the board's determination.

6644          Section 182. Section 26B-6-508, which is renumbered from Section 62A-5-207 is
6645     renumbered and amended to read:
6646          [62A-5-207].      26B-6-508. Superintendent -- Qualifications.
6647          The superintendent of the developmental center, appointed in accordance with
6648     Subsection [62A-5-104] 26B-6-404(4), shall have a bachelor's degree from an accredited
6649     university or college, be experienced in administration, and be knowledgeable in
6650     developmental disabilities and intellectual disability.
6651          Section 183. Section 26B-6-509, which is renumbered from Section 62A-5-208 is
6652     renumbered and amended to read:
6653          [62A-5-208].      26B-6-509. Powers and duties of superintendent.
6654          The chief administrative officer of the developmental center is the superintendent, and
6655     has the following powers and duties:
6656          (1) to manage the developmental center and administer the division's rules governing
6657     the developmental center;
6658          (2) to hire, control, and remove all employees, and to fix their compensation according
6659     to state law; and
6660          (3) with the approval of the division, to make any expenditures necessary in the
6661     performance of his duties.
6662          Section 184. Section 26B-6-510, which is renumbered from Section 62A-5-211 is
6663     renumbered and amended to read:
6664          [62A-5-211].      26B-6-510. Dental services reporting.
6665          The superintendent of the developmental center shall provide to the Health and Human
6666     Services Interim Committee an annual report that contains:
6667          (1) a statewide assessment of resources that provide dental services for individuals
6668     with intellectual disabilities;
6669          (2) an accounting of the funds appropriated to provide specialized dental treatment and
6670     evaluation under Subsection [62A-5-201] 26B-6-502(2)(b)(iii), including the number of

6671     individuals served and the services provided; and
6672          (3) the progress toward the establishment of a financially independent dental clinic
6673     that:
6674          (a) has a full-time dentist who has specialized training to treat an individual with an
6675     intellectual disability; and
6676          (b) has the facility, equipment, and staff necessary to legally and safely perform dental
6677     procedures and examinations and to administer general anesthesia.
6678          Section 185. Section 26B-6-601 is enacted to read:
6679     
Part 6. Admission to an Intermediate Care Facility for People with an Intellectual

6680     
Disability

6681          26B-6-601. Definitions.
6682          The definitions in Section 26B-6-401 apply to this part.
6683          Section 186. Section 26B-6-602, which is renumbered from Section 62A-5-302 is
6684     renumbered and amended to read:
6685          [62A-5-302].      26B-6-602. Division responsibility.
6686          The division is responsible:
6687          (1) for the supervision, care, and treatment of persons with an intellectual disability in
6688     this state who are committed to the division's jurisdiction under the provisions of this part; and
6689          (2) to evaluate and determine the most appropriate, least restrictive setting for an
6690     individual with an intellectual disability.
6691          Section 187. Section 26B-6-603, which is renumbered from Section 62A-5-305 is
6692     renumbered and amended to read:
6693          [62A-5-305].      26B-6-603. Residency requirements -- Transportation of
6694     person to another state.
6695          (1) A person with an intellectual disability who has a parent or guardian residing in this
6696     state may be admitted to an intermediate care facility for people with an intellectual disability
6697     in accordance with the provisions of this part.

6698          (2) If a person with an intellectual disability enters Utah from another state, the
6699     division may have that person transported to the home of a relative or friend located outside of
6700     this state, or to an appropriate facility in the state where the person with the intellectual
6701     disability is domiciled.
6702          (3) This section does not prevent a person with an intellectual disability who is
6703     temporarily located in this state from being temporarily admitted or committed to an
6704     intermediate care facility for people with an intellectual disability in this state.
6705          Section 188. Section 26B-6-604, which is renumbered from Section 62A-5-308 is
6706     renumbered and amended to read:
6707          [62A-5-308].      26B-6-604. Commitment -- Individual who is under 18 years
6708     old.
6709          (1) The director of the division, or the director's designee, may commit an individual
6710     under 18 years old who has an intellectual disability or symptoms of an intellectual disability,
6711     to the division for observation, diagnosis, care, and treatment if that commitment is based on:
6712          (a) an emergency commitment in accordance with Section [62A-5-311] 26B-6-607; or
6713          (b) involuntary commitment in accordance with Section [62A-5-312] 26B-6-608.
6714          (2) A proceeding for involuntary commitment under Subsection (1)(a) may be
6715     commenced by filing a written petition with the juvenile court under Section [62A-5-312]
6716     26B-6-608.
6717          (3) (a) A juvenile court has jurisdiction over the proceeding under Subsection (2) as
6718     described in Subsection 78A-6-103(2)(f).
6719          (b) A juvenile court shall proceed with the written petition in the same manner and
6720     with the same authority as the district court.
6721          (4) If an individual who is under 18 years old is committed to the custody of the Utah
6722     State Developmental Center by the juvenile court, the director or the director's designee shall
6723     give the juvenile court written notice of the intention to release the individual not fewer than
6724     five days before the day on which the individual is released.

6725          Section 189. Section 26B-6-605, which is renumbered from Section 62A-5-309 is
6726     renumbered and amended to read:
6727          [62A-5-309].      26B-6-605. Commitment -- Individual who is 18 years old or
6728     older.
6729          (1) The director, or the director's designee may commit to the division an individual 18
6730     years old or older who has an intellectual disability, for observation, diagnosis, care, and
6731     treatment if that commitment is based on:
6732          (a) involuntary commitment in accordance with Section [62A-5-312] 26B-6-608; or
6733          (b) temporary emergency commitment in accordance with Section [62A-5-311]
6734     26B-6-607.
6735          (2) If an individual who is 18 years old or older is committed to the custody of the Utah
6736     State Developmental Center by the juvenile court, the director or the director's designee shall
6737     give the juvenile court written notice of the intention to release the individual not fewer than
6738     five days before the day on which the individual is released.
6739          Section 190. Section 26B-6-606, which is renumbered from Section 62A-5-310 is
6740     renumbered and amended to read:
6741          [62A-5-310].      26B-6-606. Involuntary commitment.
6742          An individual may not be involuntarily committed to an intermediate care facility for
6743     people with an intellectual disability except in accordance with Sections [62A-5-311 and
6744     62A-5-312] 26B-6-607 and 26B-6-608.
6745          Section 191. Section 26B-6-607, which is renumbered from Section 62A-5-311 is
6746     renumbered and amended to read:
6747          [62A-5-311].      26B-6-607. Temporary emergency commitment --
6748     Observation and evaluation.
6749          (1) The director of the division or his designee may temporarily commit an individual
6750     to the division and therefore, as a matter of course, to an intermediate care facility for people
6751     with an intellectual disability for observation and evaluation upon:

6752          (a) written application by a responsible person who has reason to know that the
6753     individual is in need of commitment, stating:
6754          (i) a belief that the individual has an intellectual disability and is likely to cause serious
6755     injury to self or others if not immediately committed;
6756          (ii) personal knowledge of the individual's condition; and
6757          (iii) the circumstances supporting that belief; or
6758          (b) certification by a licensed physician or designated intellectual disability
6759     professional stating that the physician or designated intellectual disability professional:
6760          (i) has examined the individual within a three-day period immediately preceding the
6761     certification; and
6762          (ii) is of the opinion that the individual has an intellectual disability, and that because
6763     of the individual's intellectual disability is likely to injure self or others if not immediately
6764     committed.
6765          (2) If the individual in need of commitment is not placed in the custody of the director
6766     or the director's designee by the person submitting the application, the director's or the
6767     director's designee may certify, either in writing or orally that the individual is in need of
6768     immediate commitment to prevent injury to self or others.
6769          (3) Upon receipt of the application required by Subsection (1)(a) and the certifications
6770     required by Subsections (1)(b) and (2), a peace officer may take the individual named in the
6771     application and certificates into custody, and may transport the individual to a designated
6772     intermediate care facility for people with an intellectual disability.
6773          (4) (a) An individual committed under this section may be held for a maximum of 24
6774     hours, excluding Saturdays, Sundays, and legal holidays. At the expiration of that time, the
6775     individual shall be released unless proceedings for involuntary commitment have been
6776     commenced under Section [62A-5-312] 26B-6-608.
6777          (b) After proceedings for involuntary commitment have been commenced the
6778     individual shall be released unless an order of detention is issued in accordance with Section

6779     [62A-5-312] 26B-6-608.
6780          (5) If an individual is committed to the division under this section on the application of
6781     any person other than the individual's legal guardian, spouse, parent, or next of kin, the director
6782     or his designee shall immediately give notice of the commitment to the individual's legal
6783     guardian, spouse, parent, or next of kin, if known.
6784          Section 192. Section 26B-6-608, which is renumbered from Section 62A-5-312 is
6785     renumbered and amended to read:
6786          [62A-5-312].      26B-6-608. Involuntary commitment -- Procedures --
6787     Necessary findings -- Periodic review.
6788          (1) Any responsible person who has reason to know that an individual is in need of
6789     commitment, who has a belief that the individual has an intellectual disability, and who has
6790     personal knowledge of the conditions and circumstances supporting that belief, may commence
6791     proceedings for involuntary commitment by filing a written petition with the district court, or if
6792     the subject of the petition is less than 18 years [of age] old with the juvenile court, of the
6793     county in which the individual to be committed is physically located at the time the petition is
6794     filed. The application shall be accompanied by:
6795          (a) a certificate of a licensed physician or a designated intellectual disability
6796     professional, stating that within a seven-day period immediately preceding the certification, the
6797     physician or designated intellectual disability professional examined the individual and
6798     believes that the individual has an intellectual disability and is in need of involuntary
6799     commitment; or
6800          (b) a written statement by the petitioner that:
6801          (i) states that the individual was requested to, but refused to, submit to an examination
6802     for an intellectual disability by a licensed physician or designated intellectual disability
6803     professional, and that the individual refuses to voluntarily go to the division or an intermediate
6804     care facility for people with an intellectual disability recommended by the division for
6805     treatment;

6806          (ii) is under oath; and
6807          (iii) sets forth the facts on which the statement is based.
6808          (2) Before issuing a detention order, the court may require the petitioner to consult
6809     with personnel at the division or at an intermediate care facility for people with an intellectual
6810     disability and may direct a designated intellectual disability professional to interview the
6811     petitioner and the individual to be committed, to determine the existing facts, and to report
6812     them to the court.
6813          (3) The court may issue a detention order and may direct a peace officer to immediately
6814     take the individual to an intermediate care facility for people with an intellectual disability to
6815     be detained for purposes of an examination if the court finds from the petition, from other
6816     statements under oath, or from reports of physicians or designated intellectual disability
6817     professionals that there is a reasonable basis to believe that the individual to be committed:
6818          (a) poses an immediate danger of physical injury to self or others;
6819          (b) requires involuntary commitment pending examination and hearing;
6820          (c) the individual was requested but refused to submit to an examination by a licensed
6821     physician or designated intellectual disability professional; or
6822          (d) the individual refused to voluntarily go to the division or to an intermediate care
6823     facility for people with an intellectual disability recommended by the division.
6824          (4) (a) If the court issues a detention order based on an application that did not include
6825     a certification by a designated intellectual disability professional or physician in accordance
6826     with Subsection (1)(a), the director or his designee shall within 24 hours after issuance of the
6827     detention order, excluding Saturdays, Sundays, and legal holidays, examine the individual,
6828     report the results of the examination to the court and inform the court:
6829          (i) whether the director or his designee believes that the individual has an intellectual
6830     disability; and
6831          (ii) whether appropriate treatment programs are available and will be used by the
6832     individual without court proceedings.

6833          (b) If the report of the director or his designee is based on an oral report of the
6834     examiner, the examiner shall immediately send the results of the examination in writing to the
6835     clerk of the court.
6836          (5) Immediately after an individual is involuntarily committed under a detention order
6837     or under Section [62A-5-311] 26B-6-607, the director or his designee shall inform the
6838     individual, orally and in writing, of his right to communicate with an attorney. If an individual
6839     desires to communicate with an attorney, the director or his designee shall take immediate steps
6840     to assist the individual in contacting and communicating with an attorney.
6841          (6) (a) Immediately after commencement of proceedings for involuntary commitment,
6842     the court shall give notice of commencement of the proceedings to:
6843          (i) the individual to be committed;
6844          (ii) the applicant;
6845          (iii) any legal guardian of the individual;
6846          (iv) adult members of the individual's immediate family;
6847          (v) legal counsel of the individual to be committed, if any;
6848          (vi) the division; and
6849          (vii) any other person to whom the individual requests, or the court designates, notice
6850     to be given.
6851          (b) If an individual cannot or refuses to disclose the identity of persons to be notified,
6852     the extent of notice shall be determined by the court.
6853          (7) That notice shall:
6854          (a) set forth the allegations of the petition and all supporting facts;
6855          (b) be accompanied by a copy of any detention order issued under Subsection (3); and
6856          (c) state that a hearing will be held within the time provided by law, and give the time
6857     and place for that hearing.
6858          (8) The court may transfer the case and the custody of the individual to be committed
6859     to any other district court within the state, if:

6860          (a) there are no appropriate facilities for persons with an intellectual disability within
6861     the judicial district; and
6862          (b) the transfer will not be adverse to the interests of the individual.
6863          (9) (a) Within 24 hours, excluding Saturdays, Sundays, and legal holidays, after any
6864     order or commitment under a detention order, the court shall appoint two designated
6865     intellectual disability professionals to examine the individual. If requested by the individual's
6866     counsel, the court shall appoint a reasonably available, qualified person designated by counsel
6867     to be one of the examining designated intellectual disability professionals. The examinations
6868     shall be conducted:
6869          (i) separately;
6870          (ii) at the home of the individual to be committed, a hospital, an intermediate care
6871     facility for people with an intellectual disability, or any other suitable place not likely to have a
6872     harmful effect on the individual; and
6873          (iii) within a reasonable period of time after appointment of the examiners by the court.
6874          (b) The court shall set a time for a hearing to be held within 10 court days of the
6875     appointment of the examiners. However, the court may immediately terminate the proceedings
6876     and dismiss the application if, prior to the hearing date, the examiners, the director, or his
6877     designee informs the court that:
6878          (i) the individual does not have an intellectual disability; or
6879          (ii) treatment programs are available and will be used by the individual without court
6880     proceedings.
6881          (10) (a) Each individual has the right to be represented by counsel at the commitment
6882     hearing and in all preliminary proceedings. If neither the individual nor others provide counsel,
6883     the court shall appoint counsel and allow sufficient time for counsel to consult with the
6884     individual prior to any hearing.
6885          (b) If the individual is indigent, the county in which the individual was physically
6886     located when taken into custody shall pay reasonable attorney fees as determined by the court.

6887          (11) The division or a designated intellectual disability professional in charge of the
6888     individual's care shall provide all documented information on the individual to be committed
6889     and to the court at the time of the hearing. The individual's attorney shall have access to all
6890     documented information on the individual at the time of and prior to the hearing.
6891          (12) (a) The court shall provide an opportunity to the individual, the petitioner, and all
6892     other persons to whom notice is required to be given to appear at the hearing, to testify, and to
6893     present and cross-examine witnesses.
6894          (b) The court may, in its discretion:
6895          (i) receive the testimony of any other person;
6896          (ii) allow a waiver of the right to appear only for good cause shown;
6897          (iii) exclude from the hearing all persons not necessary to conduct the proceedings; and
6898          (iv) upon motion of counsel, require the testimony of each examiner to be given out of
6899     the presence of any other examiner.
6900          (c) The hearing shall be conducted in as informal a manner as may be consistent with
6901     orderly procedure, and in a physical setting that is not likely to have a harmful effect on the
6902     individual. The Utah Rules of Evidence apply, and the hearing shall be a matter of court
6903     record. A verbatim record of the proceedings shall be maintained.
6904          (13) The court may order commitment if, upon completion of the hearing and
6905     consideration of the record, it finds by clear and convincing evidence that all of the following
6906     conditions are met:
6907          (a) the individual to be committed has an intellectual disability;
6908          (b) because of the individual's intellectual disability one or more of the following
6909     conditions exist:
6910          (i) the individual poses an immediate danger of physical injury to self or others;
6911          (ii) the individual lacks the capacity to provide the basic necessities of life, such as
6912     food, clothing, or shelter; or
6913          (iii) the individual is in immediate need of habilitation, rehabilitation, care, or

6914     treatment to minimize the effects of the condition which poses a threat of serious physical or
6915     psychological injury to the individual, and the individual lacks the capacity to engage in a
6916     rational decision-making process concerning the need for habilitation, rehabilitation, care, or
6917     treatment, as evidenced by an inability to weigh the possible costs and benefits of the care or
6918     treatment and the alternatives to it;
6919          (c) there is no appropriate, less restrictive alternative reasonably available; and
6920          (d) the division or the intermediate care facility for people with an intellectual
6921     disability recommended by the division in which the individual is to be committed can provide
6922     the individual with treatment, care, habilitation, or rehabilitation that is adequate and
6923     appropriate to the individual's condition and needs.
6924          (14) In the absence of any of the required findings by the court, described in Subsection
6925     (13), the court shall dismiss the proceedings.
6926          (15) (a) The order of commitment shall designate the period for which the individual
6927     will be committed. An initial commitment may not exceed six months. Before the end of the
6928     initial commitment period, the administrator of the intermediate care facility for people with an
6929     intellectual disability shall commence a review hearing on behalf of the individual.
6930          (b) At the conclusion of the review hearing, the court may issue an order of
6931     commitment for up to a one-year period.
6932          (16) An individual committed under this part has the right to a rehearing, upon filing a
6933     petition with the court within 30 days after entry of the court's order. If the petition for
6934     rehearing alleges error or mistake in the court's findings, the court shall appoint one impartial
6935     licensed physician and two impartial designated intellectual disability professionals who have
6936     not previously been involved in the case to examine the individual. The rehearing shall, in all
6937     other respects, be conducted in accordance with this part.
6938          (17) (a) The court shall maintain a current list of all individuals under its orders of
6939     commitment. That list shall be reviewed in order to determine those patients who have been
6940     under an order of commitment for the designated period.

6941          (b) At least two weeks prior to the expiration of the designated period of any
6942     commitment order still in effect, the court that entered the original order shall inform the
6943     director of the division of the impending expiration of the designated commitment period.
6944          (c) The staff of the division shall immediately:
6945          (i) reexamine the reasons upon which the order of commitment was based and report
6946     the results of the examination to the court;
6947          (ii) discharge the resident from involuntary commitment if the conditions justifying
6948     commitment no longer exist; and
6949          (iii) immediately inform the court of any discharge.
6950          (d) If the director of the division reports to the court that the conditions justifying
6951     commitment no longer exist, and the administrator of the intermediate care facility for people
6952     with an intellectual disability does not discharge the individual at the end of the designated
6953     period, the court shall order the immediate discharge of the individual, unless involuntary
6954     commitment proceedings are again commenced in accordance with this section.
6955          (e) If the director of the division, or the director's designee reports to the court that the
6956     conditions designated in Subsection (13) still exist, the court may extend the commitment order
6957     for up to one year. At the end of any extension, the individual must be reexamined in
6958     accordance with this section, or discharged.
6959          (18) When a resident is discharged under this subsection, the division shall provide any
6960     further support services available and required to meet the resident's needs.
6961          Section 193. Section 26B-6-609, which is renumbered from Section 62A-5-313 is
6962     renumbered and amended to read:
6963          [62A-5-313].      26B-6-609. Transfer -- Procedures.
6964          (1) The director of the division, or the director's designee, may place an involuntarily
6965     committed resident in appropriate care or treatment outside the intermediate care facility for
6966     people with an intellectual disability. During that placement, the order of commitment shall
6967     remain in effect, until the resident is discharged or the order is terminated.

6968          (2) If the resident, or the resident's parent or guardian, objects to a proposed placement
6969     under this section, the resident may appeal the decision to the executive director or the
6970     executive director's designee. Those appeals shall be conducted in accordance with the
6971     procedures and requirements of Title 63G, Chapter 4, Administrative Procedures Act. If an
6972     objection is made, the proposed placement may not take effect until the committee holds that
6973     hearing and the executive director makes a final decision on the placement.
6974          Section 194. Section 26B-6-610, which is renumbered from Section 62A-5-315 is
6975     renumbered and amended to read:
6976          [62A-5-315].      26B-6-610. Petition for reexamination.
6977          (1) A resident committed under Section [62A-5-312] 26B-6-608, or his parent, spouse,
6978     legal guardian, relative, or attorney, may file a petition for reexamination with the district court
6979     of the county in which the resident is domiciled or detained.
6980          (2) Upon receipt of that petition, the court shall conduct proceedings under Section
6981     [62A-5-312] 26B-6-608.
6982          Section 195. Section 26B-6-611, which is renumbered from Section 62A-5-316 is
6983     renumbered and amended to read:
6984          [62A-5-316].      26B-6-611. Temporary detention.
6985          (1) Pending removal to an intermediate care facility for people with an intellectual
6986     disability, an individual taken into custody or ordered to be committed under this part may be
6987     detained in the individual's home, or in some other suitable facility.
6988          (2) The individual shall not, however, be detained in a nonmedical facility used for
6989     detention of individuals charged with or convicted of penal offenses, except in a situation of
6990     extreme emergency.
6991          (3) The division shall take reasonable measures, as may be necessary, to assure proper
6992     care of an individual temporarily detained under this part.
6993          Section 196. Section 26B-6-612, which is renumbered from Section 62A-5-317 is
6994     renumbered and amended to read:

6995          [62A-5-317].      26B-6-612. Authority to transfer resident.
6996          (1) The administrator of an intermediate care facility for people with an intellectual
6997     disability, or the administrator's designee, may transfer or authorize the transfer of a resident to
6998     another intermediate care facility for people with an intellectual disability if, before the
6999     transfer, the administrator conducts a careful evaluation of the resident and the resident's
7000     treatment needs, and determines that a transfer would be in the best interest of that resident. If
7001     a resident is transferred, the administrator shall give immediate notice of the transfer to the
7002     resident's spouse, guardian, parent, or advocate or, if none of those persons are known, to the
7003     resident's nearest known relative.
7004          (2) If a resident, or the resident's parent or guardian, objects to a proposed transfer
7005     under this section, the administrator shall conduct a hearing on the objection before a
7006     committee composed of persons selected by the administrator. That committee shall hear all
7007     evidence and make a recommendation to the administrator concerning the proposed transfer.
7008     The transfer may not take effect until the committee holds that hearing and the administrator
7009     renders a final decision on the proposed transfer.
7010          Section 197. Section 26B-6-613, which is renumbered from Section 62A-5-318 is
7011     renumbered and amended to read:
7012          [62A-5-318].      26B-6-613. Involuntary treatment with medication --
7013     Committee -- Findings.
7014          (1) If, after commitment, a resident elects to refuse treatment with medication, the
7015     director, the administrator of the intermediate care facility for people with an intellectual
7016     disability, or a designee, shall submit documentation regarding the resident's proposed
7017     treatment to a committee composed of:
7018          (a) a licensed physician experienced in treating persons with an intellectual disability,
7019     who is not directly involved in the resident's treatment or diagnosis, and who is not biased
7020     toward any one facility;
7021          (b) a psychologist who is a designated intellectual disability professional who is not

7022     directly involved in the resident's treatment or diagnosis; and
7023          (c) another designated intellectual disability professional of the facility for persons with
7024     an intellectual disability, or a designee.
7025          (2) Based upon the court's finding, under Subsection [62A-5-312] 26B-6-608(13), that
7026     the resident lacks the ability to engage in a rational decision-making process regarding the need
7027     for habilitation, rehabilitation, care, or treatment, as demonstrated by evidence of inability to
7028     weigh the possible costs and benefits of treatment, the committee may authorize involuntary
7029     treatment with medication if it determines that:
7030          (a) the proposed treatment is in the medical best interest of the resident, taking into
7031     account the possible side effects as well as the potential benefits of the medication; and
7032          (b) the proposed treatment is in accordance with prevailing standards of accepted
7033     medical practice.
7034          (3) In making the determination described in Subsection (2), the committee shall
7035     consider the resident's general history and present condition, the specific need for medication
7036     and its possible side effects, and any previous reaction to the same or comparable medication.
7037          (4) Any authorization of involuntary treatment under this section shall be periodically
7038     reviewed in accordance with rules promulgated by the division.
7039          Section 198. Section 26B-6-701, which is renumbered from Section 62A-5-501 is
7040     renumbered and amended to read:
7041     
Part 7. Disability Ombudsman

7042          [62A-5-501].      26B-6-701. Definitions.
7043          [As] In addition to the definitions in Section 26B-6-401, as used in this part:
7044          (1) "Complainant" means a person who initiates a complaint.
7045          (2) "Complaint" means a complaint initiated with the ombudsman identifying a person
7046     who has violated the rights and privileges of an individual with a disability.
7047          (3) "Ombudsman" means the ombudsman appointed in Section [62A-5-502]
7048     26B-6-702.

7049          (4) "Rights and privileges of an individual with a disability" means the rights and
7050     privileges of an individual with a disability described in Subsections [62A-5b-103]
7051     26B-6-802(1) through (3).
7052          Section 199. Section 26B-6-702, which is renumbered from Section 62A-5-502 is
7053     renumbered and amended to read:
7054          [62A-5-502].      26B-6-702. Disability ombudsman -- Purpose -- Appointment
7055     -- Qualifications -- Staff.
7056          (1) There is created within the [division] department the position of disability
7057     ombudsman for the purpose of promoting, advocating, and ensuring the rights and privileges of
7058     an individual with a disability are upheld.
7059          (2) The director shall appoint an ombudsman who has:
7060          (a) recognized executive and administrative capacity; and
7061          (b) experience in laws and policies regarding individuals with a disability.
7062          (3) The ombudsman may hire staff as necessary to carry out the duties of the
7063     ombudsman under this part.
7064          Section 200. Section 26B-6-703, which is renumbered from Section 62A-5-503 is
7065     renumbered and amended to read:
7066          [62A-5-503].      26B-6-703. Powers and duties of ombudsman.
7067          The ombudsman shall:
7068          (1) develop and maintain expertise in laws and policies governing the rights and
7069     privileges of an individual with a disability;
7070          (2) provide training and information to private citizens, civic groups, governmental
7071     entities, and other interested parties across the state regarding:
7072          (a) the role and duties of the ombudsman;
7073          (b) the rights and privileges of an individual with a disability; and
7074          (c) services available in the state to an individual with a disability;
7075          (3) develop a website to provide the information described in Subsection (2) in a form

7076     that is easily accessible;
7077          (4) receive, process, and investigate complaints in accordance with this part;
7078          (5) review periodically the procedures of state entities that serve individuals with a
7079     disability;
7080          (6) cooperate and coordinate with governmental entities and other organizations in the
7081     community in exercising the duties under this section, including the long-term care
7082     ombudsman program, created in Section [62A-3-203] 26B-2-303, and the child protection
7083     ombudsman, appointed under Section [62A-4a-208] 80-2-1104, when there is overlap between
7084     the responsibilities of the ombudsman and the long-term care ombudsman program or the child
7085     protection ombudsman;
7086          (7) as appropriate, make recommendations to the division regarding rules to be made in
7087     accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, that the
7088     ombudsman considers necessary to carry out the ombudsman's duties under this part;
7089          (8) submit annually, by July 1, to the Health and Human Services Interim Committee, a
7090     report describing:
7091          (a) the work of the ombudsman; and
7092          (b) any recommendations for statutory changes to improve the effectiveness of the
7093     ombudsman in performing the duties under this section; and
7094          (9) perform other duties required by law.
7095          Section 201. Section 26B-6-704, which is renumbered from Section 62A-5-504 is
7096     renumbered and amended to read:
7097          [62A-5-504].      26B-6-704. Investigation of complaints -- Procedures --
7098     Rulemaking.
7099          (1) Except as provided in Subsection (3), the ombudsman shall, upon receipt of a
7100     complaint, investigate the complaint.
7101          (2) An ombudsman's investigation of a complaint may include:
7102          (a) a referral to a governmental entity or other services;

7103          (b) the collection of facts, information, or documentation;
7104          (c) holding an investigatory hearing; or
7105          (d) an inspection of the premises of the person named in the complaint.
7106          (3) (a) The ombudsman may decline to investigate a complaint.
7107          (b) If the ombudsman declines to investigate a complaint, the ombudsman shall notify
7108     the complainant and the division of the declination.
7109          (4) The division shall make rules, in accordance with Title 63G, Chapter 3, Utah
7110     Administrative Rulemaking Act, that govern the ombudsman's process for:
7111          (a) receiving and processing complaints; and
7112          (b) conducting an investigation in accordance with this section.
7113          Section 202. Section 26B-6-705, which is renumbered from Section 62A-5-505 is
7114     renumbered and amended to read:
7115          [62A-5-505].      26B-6-705. Confidentiality of materials relating to
7116     complaints or investigations -- Rulemaking.
7117          (1) The division shall establish procedures by rule made in accordance with Title 63G,
7118     Chapter 3, Utah Administrative Rulemaking Act, to ensure that a record maintained by the
7119     ombudsman is disclosed only at the discretion of and under the authority of the ombudsman.
7120          (2) The identity of a complainant or a party named in the complaint may not be
7121     disclosed by the ombudsman unless:
7122          (a) the complainant or a legal representative of the complainant consents to the
7123     disclosure;
7124          (b) disclosure is ordered by a court of competent jurisdiction; or
7125          (c) the disclosure is approved by the ombudsman and is made, as part of an
7126     investigation involving the complainant, to an agency or entity in the community that:
7127          (i) has statutory responsibility for the complainant, over the action alleged in the
7128     complaint, or another party named in the complaint;
7129          (ii) is able to assist the ombudsman to achieve resolution of the complaint; or

7130          (iii) is able to provide expertise that would benefit the complainant.
7131          (3) Neither the ombudsman nor the ombudsman's designee may be required to testify in
7132     court with respect to confidential matters, except as the court finds necessary to enforce this
7133     part.
7134          Section 203. Section 26B-6-801, which is renumbered from Section 62A-5b-102 is
7135     renumbered and amended to read:
7136     
Part 8. Rights and Privileges of Minors and Individuals with a Disability

7137          [62A-5b-102].      26B-6-801. Definitions.
7138          As used in this [chapter] part:
7139          (1) "Disability" has the same meaning as defined in 42 U.S.C. Sec. 12102 of the
7140     Americans With Disabilities Act of 1990, as may be amended in the future, and 28 C.F.R. Sec.
7141     36.104 of the Code of Federal Regulations, as may be amended in the future.
7142          (2) "Informed consent" means consent that is voluntary and based on an understanding
7143     by the person to be sterilized of the nature and consequences of sterilization, the reasonably
7144     foreseeable risks and benefits of sterilization, and the available alternative methods of
7145     contraception.
7146          (3) "Institutionalized" means residing in the Utah State Developmental Center, the
7147     Utah State Hospital, a residential facility for persons with a disability as defined in Sections
7148     10-9a-103 and 17-27a-103, a group home for persons with a disability, a nursing home, or a
7149     foster care home or facility.
7150          [(2)] (4) (a) "Service animal" includes any dog that:
7151          (i) is trained, or is in training, to do work or perform tasks for the benefit of an
7152     individual with a disability, including a physical, sensory, psychiatric, intellectual, or other
7153     mental disability; and
7154          (ii) performs work or tasks, or is in training to perform work or tasks, that are directly
7155     related to the individual's disability, including:
7156          (A) assisting an individual who is blind or has low vision with navigation or other

7157     tasks;
7158          (B) alerting an individual who is deaf or hard of hearing to the presence of people or
7159     sounds;
7160          (C) providing non-violent protection or rescue work;
7161          (D) pulling a wheelchair;
7162          (E) assisting an individual during a seizure;
7163          (F) alerting an individual to the presence of an allergen;
7164          (G) retrieving an item for the individual;
7165          (H) providing physical support and assistance with balance and stability; or
7166          (I) helping an individual with a psychiatric or neurological disability by preventing or
7167     interrupting impulsive or destructive behaviors.
7168          (b) "Service animal" does not include:
7169          (i) an animal other than a dog, whether wild or domestic, trained or untrained; or
7170          (ii) an animal used solely to provide:
7171          (A) a crime deterrent;
7172          (B) emotional support;
7173          (C) well-being;
7174          (D) comfort; or
7175          (E) companionship.
7176          (5) "Sterilization" means any medical procedure, treatment, or operation rendering an
7177     individual permanently incapable of procreation.
7178          [(3)] (6) "Support animal" means an animal, other than a service animal, that qualifies
7179     as a reasonable accommodation under federal law for an individual with a disability.
7180          Section 204. Section 26B-6-802, which is renumbered from Section 62A-5b-103 is
7181     renumbered and amended to read:
7182          [62A-5b-103].      26B-6-802. Rights and privileges of an individual with a
7183     disability.

7184          (1) An individual with a disability has the same rights and privileges in the use of
7185     highways, streets, sidewalks, walkways, public buildings, public facilities, and other public
7186     areas as an individual who is not an individual with a disability.
7187          (2) An individual with a disability has equal rights to accommodations, advantages,
7188     and facilities offered by common carriers, including air carriers, railroad carriers, motor buses,
7189     motor vehicles, water carriers, and all other modes of public conveyance in this state.
7190          (3) An individual with a disability has equal rights to accommodations, advantages,
7191     and facilities offered by hotels, motels, lodges, and all other places of public accommodation in
7192     this state, and to places of amusement or resort to which the public is invited.
7193          (4) (a) An individual with a disability has equal rights and access to public and private
7194     housing accommodations offered for rent, lease, or other compensation in this state.
7195          (b) This chapter does not require a person renting, leasing, or selling private housing or
7196     real property to modify the housing or property in order to accommodate an individual with a
7197     disability or to provide a higher degree of care for that individual than for someone who is not
7198     an individual with a disability.
7199          (c) A person renting, leasing, or selling private housing or real property to an
7200     individual with a disability shall comply with the provisions of Section [62A-5b-104]
7201     26B-6-803.
7202          Section 205. Section 26B-6-803, which is renumbered from Section 62A-5b-104 is
7203     renumbered and amended to read:
7204          [62A-5b-104].      26B-6-803. Right to be accompanied by service animal or
7205     support animal -- Security deposits -- Discrimination -- Liability.
7206          (1) (a) An individual with a disability has the right to be accompanied by a service
7207     animal, unless the service animal is a danger or nuisance to others as interpreted under the
7208     Americans with Disabilities Act of 1990, 42 U.S.C. Sec. 12102:
7209          (i) in any of the places specified in Section [62A-5b-103] 26B-6-802; and
7210          (ii) without additional charge for the service animal.

7211          (b) An owner or lessor of private housing accommodations:
7212          (i) may not, in any manner, discriminate against an individual with a disability on the
7213     basis of the individual's possession of a service animal or a support animal, including by
7214     charging an extra fee or deposit for a service animal or a support animal; and
7215          (ii) may recover a reasonable cost to repair damage caused by a service animal or a
7216     support animal.
7217          (2) An individual who is not an individual with a disability has the right to be
7218     accompanied by an animal that is in training to become a service animal or a police service
7219     canine, as defined in Section 53-16-102:
7220          (a) in any of the places specified in Section [62A-5b-103] 26B-6-802; and
7221          (b) without additional charge for the animal.
7222          (3) An individual described in Subsection (1) or (2) is liable for any loss or damage the
7223     individual's accompanying service animal, support animal, or animal described in Subsection
7224     (2) causes or inflicts to the premises of a place specified in Section [62A-5b-103] 26B-6-802.
7225          (4) Nothing in this section prohibits the exclusion, as permitted under federal law, of a
7226     service animal or a support animal from a place described in Section [62A-5b-103] 26B-6-802.
7227          Section 206. Section 26B-6-804, which is renumbered from Section 62A-5b-105 is
7228     renumbered and amended to read:
7229          [62A-5b-105].      26B-6-804. Policy of state to employ individuals with a
7230     disability.
7231          It is the policy of this state that an individual with a disability is employed in the state
7232     service, the service of the political subdivisions of the state, in the public schools, and in all
7233     other employment supported in whole or in part by public funds on the same terms and
7234     conditions as an individual who is not an individual with a disability, unless it is shown that the
7235     particular disability prevents the performance of the work involved.
7236          Section 207. Section 26B-6-805, which is renumbered from Section 62A-5b-106 is
7237     renumbered and amended to read:

7238          [62A-5b-106].      26B-6-805. Interference with rights provided in this part --
7239     Misrepresentation of rights under this part.
7240          (1) Any individual, or agent of any individual, who denies or interferes with the rights
7241     provided in this chapter is guilty of a class C misdemeanor.
7242          (2) An individual is guilty of a class C misdemeanor if:
7243          (a) the individual intentionally and knowingly falsely represents to another person that
7244     an animal is a service animal or a support animal;
7245          (b) the individual knowingly and intentionally misrepresents a material fact to a health
7246     care provider for the purpose of obtaining documentation from the health care provider
7247     necessary to designate an animal as a service animal or a support animal; or
7248          (c) the individual, except for an individual with a disability, uses an animal to gain
7249     treatment or benefits only provided for an individual with a disability.
7250          (3) This section does not affect the enforceability of any criminal law, including
7251     Subsection 76-6-501(2).
7252          (4) An agent of a protection and advocacy agency, acting in the agent's professional
7253     capacity and in compliance with 29 U.S.C. Sec. 794e et seq., 42 U.S.C. Sec. 15041 et seq., and
7254     42 U.S.C. Sec. 1801 et seq., is not criminally liable under Subsection (2).
7255          Section 208. Section 26B-6-806, which is renumbered from Section 62A-6-102 is
7256     renumbered and amended to read:
7257          [62A-6-102].      26B-6-806. Sterilization of persons 18 years old or older.
7258          (1) It is lawful for a physician to sterilize a person who is 18 years [of age] old or older
7259     and who has the capacity to give informed consent.
7260          (2) It is unlawful for a physician to sterilize a person who is 18 years [of age] old or
7261     older and who is institutionalized, unless:
7262          (a) the physician, through careful examination and counseling, ensures that the person
7263     is capable of giving informed consent and that no undue influence or coercion to consent has
7264     been placed on that person by nature of the fact that he is institutionalized; or

7265          (b) the person is not capable of giving informed consent, a petition has been filed in
7266     accordance with Section [62A-6-107] 26B-6-811, and an order authorizing the sterilization has
7267     been entered by a court of competent jurisdiction.
7268          (3) It is unlawful for a physician to sterilize a person who is 18 years [of age] old or
7269     older and who is not capable of giving informed consent unless a petition has been filed in
7270     accordance with Section [62A-6-107] 26B-6-811 and an order authorizing sterilization has
7271     been entered by a court of competent jurisdiction.
7272          Section 209. Section 26B-6-807, which is renumbered from Section 62A-6-103 is
7273     renumbered and amended to read:
7274          [62A-6-103].      26B-6-807. Sterilization of persons under 18 years old.
7275          It is unlawful for a physician to sterilize a person who is under 18 years [of age] old
7276     unless:
7277          (1) the person is married or otherwise emancipated and the physician, through careful
7278     examination and counseling, ensures that the person is capable of giving informed consent. If
7279     that person is institutionalized, the physician shall also ensure that no undue influence or
7280     coercion to consent has been placed on the person by nature of the fact that [he] the person is
7281     institutionalized; or
7282          (2) a petition has been filed in accordance with Section [62A-6-107] 26B-6-811, and
7283     an order authorizing sterilization has been entered by a court of competent jurisdiction.
7284          Section 210. Section 26B-6-808, which is renumbered from Section 62A-6-104 is
7285     renumbered and amended to read:
7286          [62A-6-104].      26B-6-808. Emergency -- Medical necessity.
7287          If an emergency situation exists that prevents compliance with Section [62A-6-102 or
7288     62A-6-103] 26B-6-806 or 26B-6-807 because of medical necessity, if delay in performing the
7289     sterilization could result in serious physical injury or death to the person, the attending
7290     physician shall certify, in writing, the specific medical reasons that necessitated suspension of
7291     those requirements. That certified statement shall become a permanent part of the sterilized

7292     person's medical record.
7293          Section 211. Section 26B-6-809, which is renumbered from Section 62A-6-105 is
7294     renumbered and amended to read:
7295          [62A-6-105].      26B-6-809. Persons who may give informed consent.
7296          For purposes of this [chapter] part, the following persons may give informed consent to
7297     sterilization:
7298          (1) a person who is the subject of sterilization, if [he] the person is capable of giving
7299     informed consent; and
7300          (2) a person appointed by the court to give informed consent on behalf of a subject of
7301     sterilization who is incapable of giving informed consent.
7302          Section 212. Section 26B-6-810, which is renumbered from Section 62A-6-106 is
7303     renumbered and amended to read:
7304          [62A-6-106].      26B-6-810. Declaration of capacity to give informed consent
7305     -- Hearing.
7306          (1) A person who desires sterilization but whose capacity to give informed consent is
7307     questioned by any interested party may file a petition for declaration of capacity to give
7308     informed consent.
7309          (2) If, after hearing all the relevant evidence, the court finds by a preponderance of the
7310     evidence that the person is capable of giving informed consent, the court shall enter an order
7311     declaring that the person has the capacity to give informed consent.
7312          Section 213. Section 26B-6-811, which is renumbered from Section 62A-6-107 is
7313     renumbered and amended to read:
7314          [62A-6-107].      26B-6-811. Petition for order authorizing sterilization.
7315          (1) A petition for an order authorizing sterilization may be filed by a person who
7316     desires sterilization, or by [his] the person's parent, spouse, guardian, custodian, or other
7317     interested party.
7318          (2) The court shall adjudicate the petition for sterilization in accordance with Section

7319     [62A-6-108] 26B-6-812.
7320          Section 214. Section 26B-6-812, which is renumbered from Section 62A-6-108 is
7321     renumbered and amended to read:
7322          [62A-6-108].      26B-6-812. Factors to be considered by court -- Evaluations
7323     -- Interview -- Findings of fact.
7324          (1) If the court finds that the subject of sterilization is not capable of giving informed
7325     consent, the court shall consider, but not by way of limitation, the following factors concerning
7326     that person:
7327          (a) the nature and degree of [his] the person's mental impairment, and the likelihood
7328     that the condition is permanent;
7329          (b) the level of [his] the person's understanding regarding the concepts of reproduction
7330     and contraception, and whether [his] the person's ability to understand those concepts is likely
7331     to improve;
7332          (c) [his] the person's capability for procreation or reproduction[. It is], with a
7333     rebuttable presumption that the ability to procreate and reproduce exists in a person of normal
7334     physical development;
7335          (d) the potentially injurious physical and psychological effects from sterilization,
7336     pregnancy, childbirth, and parenthood;
7337          (e) the alternative methods of birth control presently available including, but not
7338     limited to, drugs, intrauterine devices, education and training, and the feasibility of one or more
7339     of those methods as an alternative to sterilization;
7340          (f) the likelihood that [he] the person will engage in sexual activity or could be
7341     sexually abused or exploited;
7342          (g) the method of sterilization that is medically advisable, and least intrusive and
7343     destructive of [his] the person's rights to bodily and psychological integrity;
7344          (h) the advisability of postponing sterilization until a later date; and
7345          (i) the likelihood that [he] the person could adequately care and provide for a child.

7346          (2) (a) The court may require that independent medical, psychological, and social
7347     evaluations of the subject of sterilization be made prior to ruling on a petition for sterilization.
7348          (b) The court may appoint experts to perform those examinations and evaluations and
7349     may require the petitioner, to the extent of the petitioner's ability, to bear the costs incurred.
7350          (3) (a) The court shall interview the subject of sterilization to determine [his] the
7351     person's understanding of and desire for sterilization.
7352          (b) The expressed preference of the person shall be made a part of the record, and shall
7353     be considered by the court in rendering its decision.
7354          (c) The court is not bound by the expressed preference of the subject of sterilization;
7355     however, if the person expresses a preference not to be sterilized, the court shall deny the
7356     petition unless the petitioner proves beyond a reasonable doubt that the person will suffer
7357     serious physical or psychological injury if the petition is denied.
7358          (4) (a) When adjudicating a petition for sterilization the court shall determine, on the
7359     basis of all the evidence, what decision regarding sterilization would have been made by the
7360     subject of sterilization, if [he] the person were capable of giving informed consent to
7361     sterilization.
7362          (b) The decision regarding sterilization shall be in the best interest of the person to be
7363     sterilized.
7364          (5) If the court grants a petition for sterilization, [it] the court shall make appropriate
7365     findings of fact in support of its order.
7366          Section 215. Section 26B-6-813, which is renumbered from Section 62A-6-109 is
7367     renumbered and amended to read:
7368          [62A-6-109].      26B-6-813. Advanced hearing.
7369          On motion by the person seeking sterilization or by any other party to the proceeding,
7370     the court may advance hearing on the petition.
7371          Section 216. Section 26B-6-814, which is renumbered from Section 62A-6-110 is
7372     renumbered and amended to read:

7373          [62A-6-110].      26B-6-814. Notice of hearing -- Service.
7374          (1) A copy of the petition and notice of the hearing shall be served personally on the
7375     person to be sterilized not less than 20 days before the hearing date.
7376          (2) The notice shall state the date, time, and place of the hearing, and shall specifically
7377     state that the hearing is to adjudicate either a petition for declaration of capacity to give
7378     informed consent to sterilization or a petition for sterilization.
7379          (3) Notice shall be served on that person's parents, spouse, guardian, or custodian and
7380     on his attorney by the clerk of the court, by certified mail, not less than 10 days before the
7381     hearing date.
7382          Section 217. Section 26B-6-815, which is renumbered from Section 62A-6-111 is
7383     renumbered and amended to read:
7384          [62A-6-111].      26B-6-815. Guardian ad litem -- Procedural rights.
7385          (1) The court shall appoint an attorney to act as guardian ad litem to defend the rights
7386     and interests of the person to be sterilized.
7387          (2) The person to be sterilized is entitled to appear and testify at the hearing, to
7388     examine and cross examine witnesses, and to compel the attendance of witnesses.
7389          (3) (a) The person who is the subject of a sterilization proceeding may, on motion to
7390     the court and for good cause shown, waive the right to be present at the hearing.
7391          (b) If the court grants that motion, the person shall be represented by a guardian ad
7392     litem at the hearing.
7393          Section 218. Section 26B-6-816, which is renumbered from Section 62A-6-112 is
7394     renumbered and amended to read:
7395          [62A-6-112].      26B-6-816. Jury -- Rules of evidence -- Transcript -- Burden
7396     of proof.
7397          (1) The petitioner is entitled to request a jury to hear the petition.
7398          (2) The rules of evidence apply in any hearing on a petition for sterilization.
7399          (3) A transcript shall be made of the hearing and shall be made a permanent part of the

7400     record.
7401          [(2)] (4) The burden of producing evidence and the burden of proof shall be upon the
7402     petitioner to prove by clear and convincing evidence that the petition for or order authorizing
7403     sterilization should be granted.
7404          Section 219. Section 26B-6-817, which is renumbered from Section 62A-6-113 is
7405     renumbered and amended to read:
7406          [62A-6-113].      26B-6-817. Appeal to Supreme Court -- Stay.
7407          (1) Any party to a proceeding under this chapter may file a notice of appeal from any
7408     adverse decision with the Supreme Court in accordance with Rule 73, Utah Rules of Civil
7409     Procedure.
7410          (2) The pendency of an appeal in the Supreme Court shall stay the proceedings until
7411     the appeal is finally determined.
7412          Section 220. Section 26B-6-818, which is renumbered from Section 62A-6-114 is
7413     renumbered and amended to read:
7414          [62A-6-114].      26B-6-818. Treatment for therapeutic reasons unaffected.
7415          Nothing in this chapter shall be construed to prevent the medical or surgical treatment,
7416     for sound therapeutic reasons, of any person by a physician or surgeon licensed by this state,
7417     which treatment may incidentally involve destruction of reproductive functions.
7418          Section 221. Section 26B-6-819, which is renumbered from Section 62A-6-115 is
7419     renumbered and amended to read:
7420          [62A-6-115].      26B-6-819. Immunity.
7421          (1) A physician, assistant, or any other person acting pursuant to an order authorizing
7422     sterilization, as provided in this [chapter] part, is not civilly or criminally liable for
7423     participation in or assistance to sterilization.
7424          (2) This section does not apply to negligent acts committed in the performance of
7425     sterilization.
7426          Section 222. Section 26B-6-820, which is renumbered from Section 62A-6-116 is

7427     renumbered and amended to read:
7428          [62A-6-116].      26B-6-820. Unauthorized sterilization -- Criminal penalty.
7429          Except as authorized by this [chapter] part, any person who intentionally performs,
7430     encourages, assists in, or otherwise promotes the performance of a sterilization procedure for
7431     the purpose of destroying the power to procreate the human species, with knowledge that the
7432     provisions of this [chapter] part have not been met, is guilty of a third degree felony.
7433          Section 223. Section 26B-6-821, which is renumbered from Section 62A-5b-107 is
7434     renumbered and amended to read:
7435          [62A-5b-107].      26B-6-821. Annual "White Cane Safety Day" proclaimed.
7436          Each year the governor shall take notice of October 15 as White Cane Safety Day.
7437          Section 224. Section 26B-7-101 is amended to read:
7438     
CHAPTER 7. PUBLIC HEALTH AND PREVENTION

7439     
Part 1. Health Promotion and Risk Reduction

7440          26B-7-101. Definitions.
7441          [Reserved] As used in this part:
7442          (1) "Down syndrome" means a genetic condition associated with an extra chromosome
7443     21, in whole or in part, or an effective trisomy for chromosome 21.
7444          (2) "Maternal and child health services" means:
7445          (a) the provision of educational, preventative, diagnostic, and treatment services,
7446     including medical care, hospitalization, and other institutional care and aftercare, appliances,
7447     and facilitating services directed toward reducing infant mortality and improving the health of
7448     mothers and children provided, however, that nothing in this Subsection (2) shall be construed
7449     to allow any agency of the state to interfere with the rights of the parent of an unmarried minor
7450     in decisions about the providing of health information or services;
7451          (b) the development, strengthening, and improvement of standards and techniques
7452     relating to the services and care;
7453          (c) the training of personnel engaged in the provision, development, strengthening, or

7454     improvement of the services and care; and
7455          (d) necessary administrative services connected with Subsections (2)(a), (b), and (c).
7456          (3) "Minor" means a person under 18 years old.
7457          (4) "Services to children with disabilities" means:
7458          (a) the early location of children with a disability, provided that any program of
7459     prenatal diagnosis for the purpose of detecting the possible disease or disabilities of an unborn
7460     child will not be used for screening, but rather will be utilized only when there are medical or
7461     genetic indications that warrant diagnosis;
7462          (b) the provision for children described in Subsection (4)(a), of preventive, diagnosis,
7463     and treatment services, including medical care, hospitalization, and other institutional care and
7464     aftercare, appliances, and facilitating services directed toward the diagnosis of the condition of
7465     those children or toward the restoration of the children to maximum physical and mental
7466     health;
7467          (c) the development, strengthening, and improvement of standards and techniques
7468     relating to services and care described in this Subsection (4);
7469          (d) the training of personnel engaged in the provision, development, strengthening, or
7470     improvement of services and care described in this Subsection (4); and
7471          (e) necessary administrative services connected with Subsections (4)(a), (b), and (c).
7472          Section 225. Section 26B-7-102, which is renumbered from Section 26-10-3 is
7473     renumbered and amended to read:
7474          [26-10-3].      26B-7-102. Director of family health services programs.
7475          The executive director may appoint a director of family health services programs who
7476     shall be a board certified pediatrician or obstetrician with at least two years experience in
7477     public health programs.
7478          Section 226. Section 26B-7-103, which is renumbered from Section 26-10-4 is
7479     renumbered and amended to read:
7480          [26-10-4].      26B-7-103. State plan for maternal and child health services.

7481          The department shall prepare and submit a state plan for maternal and child health
7482     services as required by Title II of the Public Health Services Act. The plan shall be the official
7483     state plan for the state and shall be used as the basis for administration of Title V programs
7484     within the state.
7485          Section 227. Section 26B-7-104, which is renumbered from Section 26-10-5.5 is
7486     renumbered and amended to read:
7487          [26-10-5.5].      26B-7-104. Child literacy -- Distribution of information kits.
7488          (1) The Legislature recognizes that effective child literacy programs can have a
7489     dramatic long-term impact on each child's ability to:
7490          (a) succeed in school;
7491          (b) successfully compete in a global society; and
7492          (c) become a productive, responsible citizen.
7493          (2) (a) To help further this end, the department may make available to parents of
7494     new-born infants, as a resource, an information kit regarding child development, the
7495     development of emerging literacy skills, and activities which promote and enhance emerging
7496     literacy skills, including reading aloud to the child on a regular basis.
7497          (b) The department shall seek private funding to help support this program.
7498          (3) (a) The department may seek assistance from the State Board of Education and
7499     local hospitals in making the information kit available to parents on a voluntary basis.
7500          (b) The department may also seek assistance from private entities in making the kits
7501     available to parents.
7502          Section 228. Section 26B-7-105, which is renumbered from Section 26-10-10 is
7503     renumbered and amended to read:
7504          [26-10-10].      26B-7-105. Cytomegalovirus (CMV) public education and testing.
7505          (1) As used in this section "CMV" means cytomegalovirus.
7506          (2) The department shall establish and conduct a public education program to inform
7507     pregnant women and women who may become pregnant regarding:

7508          (a) the incidence of CMV;
7509          (b) the transmission of CMV to pregnant women and women who may become
7510     pregnant;
7511          (c) birth defects caused by congenital CMV;
7512          (d) methods of diagnosing congenital CMV; and
7513          (e) available preventative measures.
7514          (3) The department shall provide the information described in Subsection (2) to:
7515          (a) child care programs licensed under [Title 26, Chapter 39, Utah Child Care
7516     Licensing Act] Chapter 2, Part 4, Child Care Licensing, and their employees;
7517          (b) a person described in Subsection [26-39-403] 26B-2-405(1)(a)(iii) and Subsections
7518     [26-39-403] 26B-2-405(2)(a), (b), (c), (e), and (f);
7519          (c) a person serving as a school nurse under Section 53G-9-204;
7520          (d) a person offering health education in a school district;
7521          (e) health care providers offering care to pregnant women and infants; and
7522          (f) religious, ecclesiastical, or denominational organizations offering children's
7523     programs as a part of worship services.
7524          (4) If a newborn infant fails the newborn hearing screening test(s) under Subsection
7525     [26-10-6] 26B-4-319(1), a medical practitioner shall:
7526          (a) test the newborn infant for CMV before the newborn is 21 days [of age] old, unless
7527     a parent of the newborn infant objects; and
7528          (b) provide to the parents of the newborn infant information regarding:
7529          (i) birth defects caused by congenital CMV; and
7530          (ii) available methods of treatment.
7531          (5) The department shall provide to the family and the medical practitioner, if known,
7532     information regarding the testing requirements under Subsection (4) when providing results
7533     indicating that an infant has failed the newborn hearing screening test(s) under Subsection
7534     [26-10-6] 26B-4-319(1).

7535          (6) The department may make rules in accordance with Title 63G, Chapter 3, Utah
7536     Administrative Rulemaking Act, as necessary to administer the provisions of this section.
7537          Section 229. Section 26B-7-106, which is renumbered from Section 26-10-14 is
7538     renumbered and amended to read:
7539          [26-10-14].      26B-7-106. Down syndrome diagnosis -- Information and support.
7540          (1) The department shall provide contact information for state and national Down
7541     syndrome organizations that are nonprofit and that provide information and support services
7542     for parents, including first-call programs and information hotlines specific to Down syndrome,
7543     resource centers or clearinghouses, and other education and support programs for Down
7544     syndrome.
7545          (2) The department shall:
7546          (a) post the information described in Subsection (1) on the department's website; and
7547          (b) create an informational support sheet with the information described in Subsection
7548     (1) and the web address described in Subsection (2)(a).
7549          (3) A Down syndrome organization may request that the department include the
7550     organization's informational material and contact information on the website. The department
7551     may add the information to the website, if the information meets the description under
7552     Subsection (1).
7553          (4) Upon request, the department shall provide a health care facility or health care
7554     provider a copy of the informational support sheet described in Subsection (2)(b) to give to a
7555     pregnant woman after the result of a prenatal screening or diagnostic test indicates the unborn
7556     child has or may have Down syndrome.
7557          Section 230. Section 26B-7-107, which is renumbered from Section 26-10-15 is
7558     renumbered and amended to read:
7559          [26-10-15].      26B-7-107. Lead exposure public education and testing.
7560          (1) The department shall establish a child blood lead epidemiology and surveillance
7561     program to:

7562          (a) encourage pediatric health care providers to include a lead test in accordance with
7563     the department's recommendations under Subsection (2); and
7564          (b) conduct a public education program to inform parents of children who are two
7565     years old or younger regarding:
7566          (i) the effects of lead exposure in children;
7567          (ii) the availability of free screening and testing for lead exposure; and
7568          (iii) other available preventative measures.
7569          (2) The department may recommend consideration of screening and testing during the
7570     first year or second year well child clinical visit.
7571          (3) (a) The department shall provide the information described in Subsection (1) to
7572     organizations that regularly provide care or services for children who are 5 years old or
7573     younger.
7574          (b) The department may work with the following organizations to share the
7575     information described in Subsection (1):
7576          (i) a child care program licensed under [Title 26, Chapter 39, Utah Child Care
7577     Licensing Act] Chapter 2, Part 4, Child Care Licensing, and the employees of the child care
7578     program;
7579          (ii) a health care facility licensed under [Title 26, Chapter 21] Chapter 2, Part 2, Health
7580     Care Facility Licensing and Inspection [Act];
7581          (iii) a person providing child care under a program that is described in Subsection
7582     [26-39-403] 26B-2-405(2);
7583          (iv) an individual offering health education in a school district, including a school
7584     nurse under Section 53G-9-204;
7585          (v) a health care provider offering care to pregnant women and infants;
7586          (vi) a religious, ecclesiastical, or denominational organization offering children's
7587     programs as a part of worship services;
7588          (vii) an organization that advocates for public education, testing, and screening of

7589     children for lead exposure;
7590          (viii) a local health department as defined in Section 26A-1-102; and
7591          (ix) any other person that the department believes would advance public education
7592     regarding the effects of lead exposure on children.
7593          (4) The department shall seek grant funding to fund the program created in this section.
7594          Section 231. Section 26B-7-108, which is renumbered from Section 26-1-23.5 is
7595     renumbered and amended to read:
7596          [26-1-23.5].      26B-7-108. Rules for sale of drugs, cosmetics, and medical devices.
7597          The department shall establish and enforce rules for the sale or distribution of human
7598     drugs, cosmetics, and medical devices. The rules adopted under this section shall be no more
7599     stringent than those established by federal law.
7600          Section 232. Section 26B-7-109, which is renumbered from Section 26-1-26 is
7601     renumbered and amended to read:
7602          [26-1-26].      26B-7-109. Director of community health nursing appointed by
7603     executive director.
7604          [There shall be within the department] The executive director shall appoint a director of
7605     community health nursing [appointed by the executive director] who shall develop, implement,
7606     monitor, and evaluate community health nursing standards and services and participate in the
7607     formulation of policies for administration of health services.
7608          Section 233. Section 26B-7-110, which is renumbered from Section 26-1-36 is
7609     renumbered and amended to read:
7610          [26-1-36].      26B-7-110. Duty to establish program to reduce deaths and other
7611     harm from prescription opiates used for chronic noncancer pain.
7612          (1) As used in this section, "opiate" means any drug or other substance having an
7613     addiction-forming or addiction-sustaining liability similar to morphine or being capable of
7614     conversion into a drug having addiction-forming or addiction-sustaining liability.
7615          (2) In addition to the duties listed in Section [26-1-30] 26B-1-202, the department shall

7616     develop and implement a two-year program in coordination with the Division of Professional
7617     Licensing, the Utah Labor Commission, and the Utah attorney general, to:
7618          (a) investigate the causes of and risk factors for death and nonfatal complications of
7619     prescription opiate use and misuse in Utah for chronic pain by utilizing the Utah Controlled
7620     Substance Database created in Section 58-37f-201;
7621          (b) study the risks, warning signs, and solutions to the risks associated with
7622     prescription opiate medications for chronic pain, including risks and prevention of misuse and
7623     diversion of those medications;
7624          (c) provide education to health care providers, patients, insurers, and the general public
7625     on the appropriate management of chronic pain, including the effective use of medical
7626     treatment and quality care guidelines that are scientifically based and peer reviewed; and
7627          (d) educate the public regarding:
7628          (i) the purpose of the Controlled Substance Database established in Section
7629     58-37f-201; and
7630          (ii) the requirement that a person's name and prescription information be recorded on
7631     the database when the person fills a prescription for a schedule II, III, IV, or V controlled
7632     substance.
7633          Section 234. Section 26B-7-111, which is renumbered from Section 26-1-38 is
7634     renumbered and amended to read:
7635          [26-1-38].      26B-7-111. Local health emergency assistance program.
7636          (1) As used in this section:
7637          (a) "Local health department" means the same as that term is defined in Section
7638     26A-1-102.
7639          (b) "Local health emergency" means an unusual event or series of events causing or
7640     resulting in a substantial risk or substantial potential risk to the health of a significant portion
7641     of the population within the boundary of a local health department, as determined by the local
7642     health department.

7643          (c) "Program" means the local health emergency assistance program that the
7644     department is required to establish under this section.
7645          (d) "Program fund" means money that the Legislature appropriates to the department
7646     for use in the program and other money otherwise made available for use in the program.
7647          (2) The department shall establish, to the extent of funds appropriated by the
7648     Legislature or otherwise made available to the program fund, a local health emergency
7649     assistance program.
7650          (3) Under the program, the department shall:
7651          (a) provide a method for a local health department to seek reimbursement from the
7652     program fund for local health department expenses incurred in responding to a local health
7653     emergency;
7654          (b) require matching funds from any local health department seeking reimbursement
7655     from the program fund;
7656          (c) establish a method for apportioning money in the program fund to multiple local
7657     health departments when the total amount of concurrent requests for reimbursement by
7658     multiple local health departments exceeds the balance in the program fund; and
7659          (d) establish by rule other provisions that the department considers necessary or
7660     advisable to implement the program.
7661          (4) (a) (i) Subject to Subsection (4)(a)(ii), the department shall use money in the
7662     program fund exclusively for purposes of the program.
7663          (ii) The department may use money in the program fund to cover its costs of
7664     administering the program.
7665          (b) Money that the Legislature appropriates to the program fund is nonlapsing in
7666     accordance with Section 63J-1-602.1.
7667          (c) Any interest earned on money in the program fund shall be deposited to the General
7668     Fund.
7669          Section 235. Section 26B-7-112, which is renumbered from Section 26-1-42 is

7670     renumbered and amended to read:
7671          [26-1-42].      26B-7-112. Health care grant requests and funding.
7672          (1) Any time the United States Department of Health and Human Services accepts
7673     grant applications, the department shall apply for a grant under Title X of the Public Health
7674     Service Act, 42 U.S.C. Sec. 300 et seq.
7675          (2) (a) As part of the application described in Subsection (1), the department shall
7676     request that the United States Department of Health and Human Services waive the
7677     requirement of the department to comply with requirements found in 42 C.F.R. Sec. 59.5(a)(4)
7678     pertaining to providing certain services to a minor without parental consent.
7679          (b) If the department's application described in Subsection (1) is denied, and at such
7680     time the United States Department of Health and Human Services creates a waiver application
7681     process, the department shall apply for a waiver from compliance with the requirements found
7682     in 42 C.F.R. Sec. 59.5(a)(4) pertaining to providing certain services to a minor without parental
7683     consent in order to be eligible for a grant under Title X of the Public Health Service Act, 42
7684     U.S.C. Sec. 300 et seq.
7685          (3) If the department receives a grant under Subsection (1), the department shall
7686     prioritize disbursement of grant funds in the prioritization order described in Subsection (4).
7687          (4) (a) (i) When disbursing grant funds, the department shall give first priority to
7688     nonpublic entities that provide family planning services as well as other comprehensive
7689     services to enable women to give birth and parent or place for adoption.
7690          (ii) The department shall give preference to entities described in Subsection (4)(a)(i)
7691     that:
7692          (A) expand availability of prenatal and postnatal care in low-income and under-served
7693     areas of the state;
7694          (B) provide support for a woman to carry a baby to term;
7695          (C) emphasize the health and viability of the fetus; and
7696          (D) provide education and maternity support.

7697          (iii) If the department receives applications from qualifying nonpublic entities as
7698     described in Subsection (4)(a), the department shall disburse all of the grant funds to qualifying
7699     nonpublic entities described in Subsection (4)(a).
7700          (b) If grant funds are not exhausted under Subsection (4)(a), or if no entity qualifies for
7701     grant funding under the criteria described in Subsection (4)(a), the department shall give
7702     second priority for grant funds to nonpublic entities that provide:
7703          (i) family planning services; and
7704          (ii) required primary health services as described in 42 U.S.C. Sec. 254b(b)(1)(A).
7705          (c) If grant funds are not exhausted under Subsections (4)(a) and (b), or if no entity
7706     qualifies for grant funding under the criteria described in Subsection (4)(a) or (b), the
7707     department shall give third priority for grant funds to public entities that provide family
7708     planning services, including state, county, or local community health clinics, and community
7709     action organizations.
7710          (d) If grant funds are not exhausted under Subsections (4)(a), (b), and (c), or if no
7711     entity qualifies for grant funding under the criteria described in Subsection (4)(a), (b), or (c),
7712     the department shall give fourth priority for grant funds to nonpublic entities that provide
7713     family planning services but do not provide required primary health services as described in 42
7714     U.S.C. Sec. 254b(b)(1)(A).
7715          Section 236. Section 26B-7-113, which is renumbered from Section 26-7-1 is
7716     renumbered and amended to read:
7717          [26-7-1].      26B-7-113. Identification of major risk factors by department --
7718     Education of public -- Establishment of programs.
7719          The department shall identify the major risk factors contributing to injury, sickness,
7720     death, and disability within the state and where it determines that a need exists, educate the
7721     public regarding these risk factors, and the department may establish programs to reduce or
7722     eliminate these factors except that such programs may not be established if adequate programs
7723     exist in the private sector.

7724          Section 237. Section 26B-7-114, which is renumbered from Section 26-7-2 is
7725     renumbered and amended to read:
7726          [26-7-2].      26B-7-114. Office of Health Equity -- Duties.
7727          (1) As used in this section:
7728          (a) "Multicultural or minority health issue" means a health issue, including a mental
7729     and oral health issue, of particular interest to cultural, ethnic, racial, or other subpopulations,
7730     including:
7731          (i) disparities in:
7732          (A) disease incidence, prevalence, morbidity, mortality, treatment, and treatment
7733     response; and
7734          (B) access to care; and
7735          (ii) cultural competency in the delivery of health care.
7736          (b) "Office" means the Office of Health [Disparities Reduction] Equity created in this
7737     section.
7738          (2) There is created within the department the Office of Health [Disparities Reduction]
7739     Equity.
7740          (3) The office shall:
7741          (a) promote and coordinate the research, data production, dissemination, education,
7742     and health promotion activities of the following that relate to a multicultural or minority health
7743     issue:
7744          (i) the department;
7745          (ii) local health departments;
7746          (iii) local mental health authorities;
7747          (iv) public schools;
7748          (v) community-based organizations; and
7749          (vi) other organizations within the state;
7750          (b) assist in the development and implementation of one or more programs to address a

7751     multicultural or minority health issue;
7752          (c) promote the dissemination and use of information on a multicultural or minority
7753     health issue by minority populations, health care providers, and others;
7754          (d) seek federal funding and other resources to accomplish the office's mission;
7755          (e) provide technical assistance to organizations within the state seeking funding to
7756     study or address a multicultural or minority health issue;
7757          (f) develop and increase the capacity of the office to:
7758          (i) ensure the delivery of qualified timely culturally appropriate translation services
7759     across department programs; and
7760          (ii) provide, when appropriate, linguistically competent translation and communication
7761     services for limited English proficiency individuals;
7762          (g) provide staff assistance to any advisory committee created by the department to
7763     study a multicultural or minority health issue; and
7764          (h) annually report to the Legislature on its activities and accomplishments.
7765          Section 238. Section 26B-7-115, which is renumbered from Section 26-7-4 is
7766     renumbered and amended to read:
7767          [26-7-4].      26B-7-115. Utah Registry of Autism and Developmental Disabilities.
7768          (1) As used in this section, "URADD" means the Utah Registry of Autism and
7769     Developmental Disabilities.
7770          (2) The department may enter into an agreement with:
7771          (a) the University of Utah or another person for the operation of URADD; and
7772          (b) a person to conduct a public education campaign to:
7773          (i) improve public awareness of the early warning signs of autism spectrum disorders
7774     and developmental disabilities; and
7775          (ii) promote the early identification of autism spectrum disorders and developmental
7776     disabilities.
7777          (3) URADD shall consist of a database that collects information on people in the state

7778     who have an autism spectrum disorder or a developmental disability.
7779          (4) The purpose of URADD is to assist health care providers to:
7780          (a) determine the risk factors and causes of autism spectrum disorders and
7781     developmental disabilities;
7782          (b) plan for and develop resources, therapies, methods of diagnoses, and other services
7783     for people with an autism spectrum disorder or a developmental disability;
7784          (c) facilitate measuring and tracking of treatment outcomes;
7785          (d) gather statistics relating to autism spectrum disorders and developmental
7786     disabilities; and
7787          (e) improve coordination and cooperation between agencies and other programs that
7788     provide services to people with an autism spectrum disorder or a developmental disability.
7789          Section 239. Section 26B-7-116, which is renumbered from Section 26-7-7 is
7790     renumbered and amended to read:
7791          [26-7-7].      26B-7-116. Radon awareness campaign.
7792          The department shall, in consultation with the Division of Waste Management and
7793     Radiation Control, develop a statewide electronic awareness campaign to educate the public
7794     regarding:
7795          (1) the existence and prevalence of radon gas in buildings and structures;
7796          (2) the health risks associated with radon gas;
7797          (3) options for radon gas testing; and
7798          (4) options for radon gas remediation.
7799          Section 240. Section 26B-7-117, which is renumbered from Section 26-7-8 is
7800     renumbered and amended to read:
7801          [26-7-8].      26B-7-117. Syringe exchange and education.
7802          (1) The following may operate a syringe exchange program in the state to prevent the
7803     transmission of disease and reduce morbidity and mortality among individuals who inject
7804     drugs, and those individuals' contacts:

7805          (a) a government entity, including:
7806          (i) the department;
7807          (ii) a local health department[, as defined in Section 26A-1-102]; or
7808          [(iii) the Division of Substance Abuse and Mental Health within the Department of
7809     Human Services; or]
7810          [(iv)] (iii) a local substance abuse authority, as defined in Section [62A-15-102]
7811     26B-5-101;
7812          (b) a nongovernment entity, including:
7813          (i) a nonprofit organization; or
7814          (ii) a for-profit organization; or
7815          (c) any other entity that complies with Subsections (2) and (4).
7816          (2) An entity operating a syringe exchange program in the state shall:
7817          (a) facilitate the exchange of an individual's used syringe for one or more new syringes
7818     in sealed sterile packages;
7819          (b) ensure that a recipient of a new syringe is given verbal and written instruction on:
7820          (i) methods for preventing the transmission of blood-borne diseases, including hepatitis
7821     C and human immunodeficiency virus; and
7822          (ii) options for obtaining:
7823          (A) services for the treatment of a substance use disorder;
7824          (B) testing for a blood-borne disease; and
7825          (C) an opiate antagonist [under Chapter 55, Opiate Overdose Response Act]; and
7826          (c) report annually to the department the following information about the program's
7827     activities:
7828          (i) the number of individuals who have exchanged syringes;
7829          (ii) the number of used syringes exchanged for new syringes; and
7830          (iii) the number of new syringes provided in exchange for used syringes.
7831          (3) No later than October 1, 2017, and every two years thereafter, the department shall

7832     report to the Legislature's Health and Human Services Interim Committee on:
7833          (a) the activities and outcomes of syringe programs operating in the state, including:
7834          (i) the number of individuals who have exchanged syringes;
7835          (ii) the number of used syringes exchanged for new syringes;
7836          (iii) the number of new syringes provided in exchange for used syringes;
7837          (iv) the impact of the programs on blood-borne infection rates; and
7838          (v) the impact of the programs on the number of individuals receiving treatment for a
7839     substance use disorder;
7840          (b) the potential for additional reductions in the number of syringes contaminated with
7841     blood-borne disease if the programs receive additional funding;
7842          (c) the potential for additional reductions in state and local government spending if the
7843     programs receive additional funding;
7844          (d) whether the programs promote illicit use of drugs; and
7845          (e) whether the programs should be continued, continued with modifications, or
7846     terminated.
7847          (4) The department shall make rules, in accordance with Title 63G, Chapter 3, Utah
7848     Administrative Rulemaking Act, specifying how and when an entity operating a syringe
7849     exchange program shall make the report required by Subsection (2)(c).
7850          Section 241. Section 26B-7-118, which is renumbered from Section 26-7-9 is
7851     renumbered and amended to read:
7852          [26-7-9].      26B-7-118. Online public health education module for
7853     vaccine-preventable diseases.
7854          (1) As used in this section:
7855          (a) "Health care provider" means the same as that term is defined in Section
7856     78B-3-403.
7857          (b) "Nonimmune" means that a child or an individual:
7858          (i) has not received each vaccine required in Section 53G-9-305 and has not developed

7859     a natural immunity through previous illness to a vaccine-preventable disease, as documented
7860     by a health care provider;
7861          (ii) cannot receive each vaccine required in Section 53G-9-305; or
7862          (iii) is otherwise known to not be immune to a vaccine-preventable disease.
7863          (c) "Vaccine-preventable disease" means an infectious disease that can be prevented by
7864     a vaccination required in Section 53G-9-305.
7865          (2) The department shall develop an online education module regarding
7866     vaccine-preventable diseases:
7867          (a) to assist a parent of a nonimmune child to:
7868          (i) recognize the symptoms of vaccine-preventable diseases;
7869          (ii) respond in the case of an outbreak of a vaccine-preventable disease;
7870          (iii) protect children who contract a vaccine-preventable disease; and
7871          (iv) prevent the spread of vaccine-preventable diseases;
7872          (b) that contains only the following:
7873          (i) information about vaccine-preventable diseases necessary to achieve the goals
7874     stated in Subsection (2)(a), including the best practices to prevent the spread of
7875     vaccine-preventable diseases;
7876          (ii) recommendations to reduce the likelihood of a nonimmune individual contracting
7877     or transmitting a vaccine-preventable disease; and
7878          (iii) information about additional available resources related to vaccine-preventable
7879     diseases and the availability of low-cost vaccines;
7880          (c) that includes interactive questions or activities; and
7881          (d) that is expected to take an average user 20 minutes or less to complete, based on
7882     user testing.
7883          (3) In developing the online education module described in Subsection (2), the
7884     department shall consult with individuals interested in vaccination or vaccine-preventable
7885     diseases, including:

7886          (a) representatives from organizations of health care professionals; and
7887          (b) parents of nonimmune children.
7888          (4) The department shall make the online education module described in Subsection
7889     (2) publicly available to parents through:
7890          (a) a link on the department's website;
7891          (b) county health departments, as that term is defined in Section 26A-1-102;
7892          (c) local health departments, as that term is defined in Section 26A-1-102;
7893          (d) local education agencies, as that term is defined in Section 53E-1-102; and
7894          (e) other public health programs or organizations.
7895          Section 242. Section 26B-7-119, which is renumbered from Section 26-7-11 is
7896     renumbered and amended to read:
7897          [26-7-11].      26B-7-119. Hepatitis C Outreach Pilot Program.
7898          (1) As used in this section, "Hepatitis C outreach organization" means a private
7899     nonprofit organization that:
7900          (a) has an established relationship with individuals who are at risk of acquiring acute
7901     Hepatitis C;
7902          (b) helps individuals who need Hepatitis C treatment, but who do not qualify for
7903     payment of the treatment by the Medicaid program or another health insurer, to obtain
7904     treatment;
7905          (c) has the infrastructure necessary for conducting Hepatitis C assessment, testing, and
7906     diagnosis, including clinical staff with the training and ability to provide:
7907          (i) specimen collection for Hepatitis C testing;
7908          (ii) clinical assessments;
7909          (iii) consultation regarding blood-borne diseases; and
7910          (iv) case management services for patient support during Hepatitis C treatment; or
7911          (d) has a partnership with a health care facility that can provide clinical follow-up and
7912     medical treatment following Hepatitis C rapid antibody testing and confirmatory testing.

7913          (2) There is created within the department the Hepatitis C Outreach Pilot Program.
7914          (3) Before September 1, 2020, the department shall, as funding permits, make grants to
7915     Hepatitis C outreach organizations in accordance with criteria established by the department
7916     under Subsection (4).
7917          (4) Before July 1, 2020, the department shall make rules, in accordance with Title 63G,
7918     Chapter 3, Utah Administrative Rulemaking Act, to:
7919          (a) create application requirements for a grant from the program;
7920          (b) establish criteria for determining:
7921          (i) whether a grant is awarded, including criteria that ensure grants are awarded to areas
7922     of the state, including rural areas, that would benefit most from the grant; and
7923          (ii) the amount of a grant; and
7924          (c) specify reporting requirements for the recipient of a grant under this section.
7925          (5) Before October 1, 2021, and before October 1 every year thereafter, the department
7926     shall submit a report to the Health and Human Services Interim Committee and the Social
7927     Services Appropriations Subcommittee on the outcomes of the Hepatitis C Outreach Pilot
7928     Program.
7929          Section 243. Section 26B-7-201, which is renumbered from Section 26-6-2 is
7930     renumbered and amended to read:
7931     
Part 2. Detection and Management of Chronic and Communicable Diseases and

7932     
Public Health Emergencies

7933          [26-6-2].      26B-7-201. Definitions.
7934          As used in this [chapter] part:
7935          (1) "Ambulatory surgical center" [is as] means the same as that term is defined in
7936     Section [26-21-2] 26B-2-201.
7937          (2) "Carrier" means an infected individual or animal who harbors a specific infectious
7938     agent in the absence of discernible clinical disease and serves as a potential source of infection
7939     for man. The carrier state may occur in an individual with an infection that is inapparent

7940     throughout its course, commonly known as healthy or asymptomatic carrier, or during the
7941     incubation period, convalescence, and postconvalescence of an individual with a clinically
7942     recognizable disease, commonly known as incubatory carrier or convalescent carrier. Under
7943     either circumstance the carrier state may be of short duration, as a temporary or transient
7944     carrier, or long duration, as a chronic carrier.
7945          (3) "Communicable disease" means illness due to a specific infectious agent or its toxic
7946     products which arises through transmission of that agent or its products from a reservoir to a
7947     susceptible host, either directly, as from an infected individual or animal, or indirectly, through
7948     an intermediate plant or animal host, vector, or the inanimate environment.
7949          (4) "Communicable period" means the time or times during which an infectious agent
7950     may be transferred directly or indirectly from an infected individual to another individual, from
7951     an infected animal to [man] a human, or from an infected [man] human to an animal, including
7952     arthropods.
7953          (5) "Contact" means an individual or animal having had association with an infected
7954     individual, animal, or contaminated environment so as to have had an opportunity to acquire
7955     the infection.
7956          (6) "End stage renal disease facility" is as defined in Section [26-21-2] 26B-2-201.
7957          (7) (a) "Epidemic" means the occurrence or outbreak in a community or region of cases
7958     of an illness clearly in excess of normal expectancy and derived from a common or propagated
7959     source.
7960          (b) The number of cases indicating an epidemic will vary according to the infectious
7961     agent, size, and type of population exposed, previous experience or lack of exposure to the
7962     disease, and time and place of occurrence.
7963          (c) Epidemicity is considered to be relative to usual frequency of the disease in the
7964     same area, among the specified population, at the same season of the year.
7965          (8) "General acute hospital" is as defined in Section [26-21-2] 26B-2-201.
7966          (9) "Incubation period" means the time interval between exposure to an infectious

7967     agent and appearance of the first sign or symptom of the disease in question.
7968          (10) "Infected individual" means an individual who harbors an infectious agent and
7969     who has manifest disease or inapparent infection. An infected individual is one from whom the
7970     infectious agent can be naturally acquired.
7971          (11) "Infection" means the entry and development or multiplication of an infectious
7972     agent in the body of man or animals. Infection is not synonymous with infectious disease; the
7973     result may be inapparent or manifest. The presence of living infectious agents on exterior
7974     surfaces of the body, or upon articles of apparel or soiled articles, is not infection, but
7975     contamination of such surfaces and articles.
7976          (12) "Infectious agent" means an organism such as a virus, rickettsia, bacteria, fungus,
7977     protozoan, or helminth that is capable of producing infection or infectious disease.
7978          (13) "Infectious disease" means a disease of man or animals resulting from an
7979     infection.
7980          (14) "Isolation" means the separation, for the period of communicability, of infected
7981     individuals or animals from others, in such places and under such conditions as to prevent the
7982     direct or indirect conveyance of the infectious agent from those infected to those who are
7983     susceptible or who may spread the agent to others.
7984          (15) "Order of constraint" means the same as that term is defined in Section
7985     [26-23b-102] 26B-7-301.
7986          (16) "Quarantine" means the restriction of the activities of well individuals or animals
7987     who have been exposed to a communicable disease during its period of communicability to
7988     prevent disease transmission.
7989          (17) "School" means a public, private, or parochial nursery school, licensed or
7990     unlicensed day care center, child care facility, family care home, [headstart] Head Start
7991     program, kindergarten, elementary, or secondary school through grade 12.
7992          (18) "Sexually transmitted disease" means those diseases transmitted through sexual
7993     intercourse or any other sexual contact.

7994          (19) "Specialty hospital" is as defined in Section [26-21-2] 26B-2-201.
7995          Section 244. Section 26B-7-202, which is renumbered from Section 26-6-3 is
7996     renumbered and amended to read:
7997          [26-6-3].      26B-7-202. Authority to investigate and control epidemic infections
7998     and communicable disease.
7999          (1) Subject to Subsection (3) and the restrictions in this title, the department has
8000     authority to investigate and control the causes of epidemic infections and communicable
8001     disease, and shall provide for the detection, reporting, prevention, and control of communicable
8002     diseases and epidemic infections or any other health hazard which may affect the public health.
8003          (2) (a) As part of the requirements of Subsection (1), the department shall distribute to
8004     the public and to health care professionals:
8005          (i) medically accurate information about sexually transmitted diseases that may cause
8006     infertility and sterility if left untreated, including descriptions of:
8007          (A) the probable side effects resulting from an untreated sexually transmitted disease,
8008     including infertility and sterility;
8009          (B) medically accepted treatment for sexually transmitted diseases;
8010          (C) the medical risks commonly associated with the medical treatment of sexually
8011     transmitted diseases; and
8012          (D) suggested screening by a private physician or physician assistant; and
8013          (ii) information about:
8014          (A) public services and agencies available to assist individuals with obtaining
8015     treatment for the sexually transmitted disease;
8016          (B) medical assistance benefits that may be available to the individual with the
8017     sexually transmitted disease; and
8018          (C) abstinence before marriage and fidelity after marriage being the surest prevention
8019     of sexually transmitted disease.
8020          (b) The information required by Subsection (2)(a):

8021          (i) shall be distributed by the department and by local health departments free of
8022     charge;
8023          (ii) shall be relevant to the geographic location in which the information is distributed
8024     by:
8025          (A) listing addresses and telephone numbers for public clinics and agencies providing
8026     services in the geographic area in which the information is distributed; and
8027          (B) providing the information in English as well as other languages that may be
8028     appropriate for the geographic area.
8029          (c) (i) Except as provided in Subsection (2)(c)(ii), the department shall develop written
8030     material that includes the information required by this Subsection (2).
8031          (ii) In addition to the written materials required by Subsection (2)(c)(i), the department
8032     may distribute the information required by this Subsection (2) by any other methods the
8033     department determines is appropriate to educate the public, excluding public schools, including
8034     websites, toll free telephone numbers, and the media.
8035          (iii) If the information required by Subsection (2)(b)(ii)(A) is not included in the
8036     written pamphlet developed by the department, the written material shall include either a
8037     website, or a 24-hour toll free telephone number that the public may use to obtain that
8038     information.
8039          (3) (a) The Legislature may at any time terminate by joint resolution an order of
8040     constraint issued by the department as described in this section in response to a declared public
8041     health emergency.
8042          (b) A county governing body may at any time terminate by majority vote an order of
8043     constraint issued by the relevant local health department as described in this section in response
8044     to a declared public health emergency.
8045          Section 245. Section 26B-7-203, which is renumbered from Section 26-6-3.5 is
8046     renumbered and amended to read:
8047          [26-6-3.5].      26B-7-203. Reporting AIDS and HIV infection -- Anonymous

8048     testing.
8049          (1) Because of the nature and consequences of Acquired Immunodeficiency Syndrome
8050     and Human Immunodeficiency Virus infection, the department shall:
8051          (a) require reporting of those conditions; and
8052          (b) utilize contact tracing and other methods for "partner" identification and
8053     notification. The department shall, by rule, define individuals who are considered "partners" for
8054     purposes of this section.
8055          (2) (a) The requirements of Subsection (1) do not apply to seroprevalence and other
8056     epidemiological studies conducted by the department.
8057          (b) The requirements of Subsection (1) do not apply to, and anonymity shall be
8058     provided in, research studies conducted by universities or hospitals, under the authority of
8059     institutional review boards if those studies are funded in whole or in part by research grants and
8060     if anonymity is required in order to obtain the research grant or to carry out the research.
8061          (3) For all purposes of [this chapter] Sections 26B-7-201 through 26B-7-223, Acquired
8062     Immunodeficiency Syndrome and Human Immunodeficiency Virus infection are considered
8063     communicable and infectious diseases.
8064          (4) The department may establish or allow one site or agency within the state to
8065     provide anonymous testing.
8066          (a) The site or agency that provides anonymous testing shall maintain accurate records
8067     regarding:
8068          (i) the number of HIV positive individuals that it is able to contact or inform of their
8069     condition;
8070          (ii) the number of HIV positive individuals who receive extensive counseling;
8071          (iii) how many HIV positive individuals provide verifiable information for partner
8072     notification; and
8073          (iv) how many cases in which partner notification is carried through.
8074          (b) If the information maintained under Subsection (4)(a) indicates anonymous testing

8075     is not resulting in partner notification, the department shall phase out the anonymous testing
8076     program allowed by this Subsection (4).
8077          Section 246. Section 26B-7-204, which is renumbered from Section 26-6-4 is
8078     renumbered and amended to read:
8079          [26-6-4].      26B-7-204. Involuntary examination, treatment, isolation, and
8080     quarantine.
8081          (1) The following individuals or groups of individuals are subject to examination,
8082     treatment, quarantine, or isolation under a department order of restriction:
8083          (a) an individual who is infected or suspected to be infected with a communicable
8084     disease that poses a threat to the public health and who does not take action as required by the
8085     department or the local health department to prevent spread of the disease;
8086          (b) an individual who is contaminated or suspected to be contaminated with an
8087     infectious agent that poses a threat to the public health and that could be spread to others if
8088     remedial action is not taken;
8089          (c) an individual who is in a condition or suspected condition which, if exposed to
8090     others, poses a threat to public health, or is in a condition which if treatment is not completed
8091     will pose a threat to public health; and
8092          (d) an individual who is contaminated or suspected to be contaminated with a chemical
8093     or biological agent that poses a threat to the public health and that could be spread to others if
8094     remedial action is not taken.
8095          (2) If an individual refuses to take action as required by the department or the local
8096     health department to prevent the spread of a communicable disease, infectious agent, or
8097     contamination, the department or the local health department may order involuntary
8098     examination, treatment, quarantine, or isolation of the individual and may petition the [district]
8099     court to order involuntary examination, treatment, quarantine, or isolation in accordance with
8100     [Title 26, Chapter 6b, Communicable Diseases -] Part 3, Treatment, Isolation, and Quarantine
8101     Procedures for Communicable Diseases.

8102          Section 247. Section 26B-7-205, which is renumbered from Section 26-6-5 is
8103     renumbered and amended to read:
8104          [26-6-5].      26B-7-205. Willful introduction of communicable disease a
8105     misdemeanor.
8106          Any person who willfully or knowingly introduces any communicable or infectious
8107     disease into any county, municipality, or community is guilty of a class A misdemeanor, except
8108     as provided in Section 76-10-1309.
8109          Section 248. Section 26B-7-206, which is renumbered from Section 26-6-6 is
8110     renumbered and amended to read:
8111          [26-6-6].      26B-7-206. Duty to report individual suspected of having
8112     communicable disease.
8113          The following shall report to the department or the local health department regarding
8114     any individual suffering from or suspected of having a disease that is communicable, as
8115     required by department rule:
8116          (1) health care providers as defined in Section 78B-3-403;
8117          (2) facilities licensed under [Title 26, Chapter 21,] Chapter 2, Part 2, Health Care
8118     Facility Licensing and Inspection [Act];
8119          (3) health care facilities operated by the federal government;
8120          (4) mental health facilities;
8121          (5) care facilities licensed by the [Department of Human Services] department;
8122          (6) nursing homes and other care facilities;
8123          (7) dispensaries, clinics, or laboratories that diagnose, test, or otherwise care for
8124     individuals who are suffering from a disease suspected of being communicable;
8125          (8) individuals who have knowledge of others who have a communicable disease;
8126          (9) individuals in charge of schools having responsibility for any individuals who have
8127     a disease suspected of being communicable; and
8128          (10) child care programs, as defined in Section [26-39-102] 26B-2-401.

8129          Section 249. Section 26B-7-207, which is renumbered from Section 26-6-7 is
8130     renumbered and amended to read:
8131          [26-6-7].      26B-7-207. Designation of communicable diseases by department --
8132     Establishment of rules for detection, reporting, investigation, prevention, and control.
8133          The department may designate those diseases which are communicable, of concern to
8134     the public health, and reportable; and establish rules for the detection, reporting, investigation,
8135