1     
HEALTH AND HUMAN SERVICES RECODIFICATION -

2     
CROSS REFERENCES, TITLES 31A-58

3     
2023 GENERAL SESSION

4     
STATE OF UTAH

5     
Chief Sponsor: Jacob L. Anderegg

6     
House Sponsor: Raymond P. Ward

7     

8     LONG TITLE
9     General Description:
10          This bill updates cross references to the Utah Health and Human Services Code in
11     Titles 31A through 58.
12     Highlighted Provisions:
13          This bill:
14          ▸     makes technical updates in Titles 31A through 58 to cross references to the Utah
15     Health and Human Services Code that are renumbered and amended in:
16               •     S.B. 38, Health and Human Services Recodification - Administration,
17     Licensing, and Recovery Services;
18               •     S.B. 39, Health and Human Services Recodification - Health Care Assistance
19     and Data;
20               •     S.B. 40, Health and Human Services Recodification - Health Care Delivery and
21     Repeals; and
22               •     S.B. 41, Health and Human Services Recodification - Prevention, Supports,
23     Substance Use and Mental Health; and
24          ▸     makes technical and corresponding changes.
25     Money Appropriated in this Bill:
26          None
27     Other Special Clauses:
28          This bill provides a coordination clause.
29          This bill provides revisor instructions.

30     Utah Code Sections Affected:
31     AMENDS:
32          31A-22-614.5, as last amended by Laws of Utah 2017, Chapter 168
33          31A-22-625, as last amended by Laws of Utah 2014, Chapters 290, 300
34          31A-22-633, as last amended by Laws of Utah 2013, Chapter 167
35          31A-22-636, as last amended by Laws of Utah 2022, Chapter 198
36          31A-22-645, as enacted by Laws of Utah 2017, Chapter 168
37          31A-22-649, as enacted by Laws of Utah 2018, Chapter 119
38          31A-22-649.5, as last amended by Laws of Utah 2021, Chapters 19, 404 and last
39     amended by Coordination Clause, Laws of Utah 2021, Chapter 404
40          31A-22-651, as enacted by Laws of Utah 2019, Chapter 256
41          31A-22-1016, as enacted by Laws of Utah 2019, Chapter 341
42          31A-22-1602, as last amended by Laws of Utah 2009, Chapter 349
43          31A-23a-402, as last amended by Laws of Utah 2019, Chapter 193
44          31A-23b-102, as last amended by Laws of Utah 2018, Chapter 319
45          31A-23b-211, as last amended by Laws of Utah 2014, Chapter 425
46          31A-26-301.6, as last amended by Laws of Utah 2020, Chapter 32
47          31A-45-402, as enacted by Laws of Utah 2017, Chapter 292
48          31A-45-501, as last amended by Laws of Utah 2021, Chapter 252
49          32B-1-102, as last amended by Laws of Utah 2022, Chapter 447
50          32B-1-703, as renumbered and amended by Laws of Utah 2019, Chapter 403
51          32B-2-208, as enacted by Laws of Utah 2010, Chapter 276
52          32B-10-702, as enacted by Laws of Utah 2010, Chapter 276
53          34-55-102, as enacted by Laws of Utah 2019, Chapter 126
54          34A-2-102, as last amended by Laws of Utah 2019, Chapter 121
55          34A-2-111, as last amended by Laws of Utah 2015, Chapter 258
56          34A-2-417, as last amended by Laws of Utah 2018, Chapter 443
57          34A-2-418, as last amended by Laws of Utah 2018, Third Special Session, Chapter 1

58          34A-2-422, as last amended by Laws of Utah 2018, Chapter 443
59          34A-3-201, as renumbered and amended by Laws of Utah 2020, Fifth Special Session,
60     Chapter 5
61          34A-11-102, as enacted by Laws of Utah 2002, Chapter 120
62          35A-1-102, as last amended by Laws of Utah 2018, Chapters 415, 427
63          35A-3-103, as last amended by Laws of Utah 2022, Chapter 255
64          35A-3-207, as last amended by Laws of Utah 2015, Chapter 221
65          35A-3-212, as enacted by Laws of Utah 2022, Chapter 21
66          35A-3-308, as last amended by Laws of Utah 2015, Chapter 221
67          35A-3-401, as last amended by Laws of Utah 2015, Chapters 72, 189 and 221
68          35A-3-603, as last amended by Laws of Utah 2020, Chapter 29
69          35A-9-202, as enacted by Laws of Utah 2022, Chapter 36
70          35A-15-102, as last amended by Laws of Utah 2022, Chapters 316, 348
71          39-1-64, as enacted by Laws of Utah 2004, Chapter 82
72          41-1a-230.5, as last amended by Laws of Utah 2021, Chapter 378
73          41-1a-230.7, as enacted by Laws of Utah 2021, Chapter 395
74          41-1a-422, as last amended by Laws of Utah 2022, Chapters 19, 48, 68, 255, 259, 335,
75     451, and 456
76          41-6a-404, as last amended by Laws of Utah 2021, Chapters 211, 216
77          41-6a-501, as last amended by Laws of Utah 2022, Chapter 116
78          41-6a-502.5, as last amended by Laws of Utah 2022, Chapters 134, 415
79          41-6a-505, as last amended by Laws of Utah 2022, Chapters 116, 134 and 137
80          41-6a-517, as last amended by Laws of Utah 2022, Chapter 116
81          41-6a-523, as last amended by Laws of Utah 2019, Chapter 349
82          41-6a-1717, as enacted by Laws of Utah 2013, Chapter 251
83          41-22-8, as last amended by Laws of Utah 2022, Chapter 68
84          49-11-1401, as last amended by Laws of Utah 2021, Chapter 193
85          49-12-202, as last amended by Laws of Utah 2021, Chapter 193

86          49-13-202, as last amended by Laws of Utah 2021, Chapter 193
87          49-20-201, as last amended by Laws of Utah 2022, Chapter 347
88          49-20-401, as last amended by Laws of Utah 2022, Chapter 302
89          49-20-414, as last amended by Laws of Utah 2019, Chapter 249
90          49-20-421, as last amended by Laws of Utah 2021, Chapter 255
91          51-2a-102, as last amended by Laws of Utah 2017, Chapter 441
92          51-7-2, as last amended by Laws of Utah 2022, Chapters 186, 298
93          51-9-201, as last amended by Laws of Utah 2020, Fifth Special Session, Chapter 20
94          51-9-203, as last amended by Laws of Utah 2020, Chapters 302, 347
95          52-4-205, as last amended by Laws of Utah 2022, Chapters 237, 290, 332, 335, 422,
96     and 478
97          53-1-106, as last amended by Laws of Utah 2021, Chapters 344, 360
98          53-2a-218, as enacted by Laws of Utah 2021, Chapter 437
99          53-2c-102, as enacted by Laws of Utah 2020, Third Special Session, Chapter 1
100          53-3-102, as last amended by Laws of Utah 2022, Chapter 162
101          53-3-105, as last amended by Laws of Utah 2022, Chapters 146, 259
102          53-3-106, as last amended by Laws of Utah 2022, Chapters 92, 255
103          53-3-205, as last amended by Laws of Utah 2022, Chapter 46
104          53-3-207, as last amended by Laws of Utah 2022, Chapter 158
105          53-3-214.7, as last amended by Laws of Utah 2021, Chapter 378
106          53-3-214.8, as last amended by Laws of Utah 2003, Chapter 30
107          53-3-804, as last amended by Laws of Utah 2021, Chapter 191
108          53-3-805, as last amended by Laws of Utah 2022, Chapter 158
109          53-5-707, as last amended by Laws of Utah 2021, Chapters 12, 277
110          53-10-102, as last amended by Laws of Utah 2022, Chapters 192, 447
111          53-10-104, as last amended by Laws of Utah 2018, Chapter 169
112          53-10-108, as last amended by Laws of Utah 2022, Chapters 192, 255
113          53-10-202, as last amended by Laws of Utah 2021, Chapter 103

114          53-10-208.1, as last amended by Laws of Utah 2021, Chapter 159
115          53-10-403, as last amended by Laws of Utah 2022, Chapters 116, 430
116          53-10-405, as last amended by Laws of Utah 2019, Chapter 349
117          53-10-802, as renumbered and amended by Laws of Utah 2022, Chapter 430
118          53-10-804, as renumbered and amended by Laws of Utah 2022, Chapter 430
119          53-13-105, as last amended by Laws of Utah 2022, Chapter 10
120          53-13-110, as last amended by Laws of Utah 2022, Chapter 335
121          53-21-101, as enacted by Laws of Utah 2022, Chapter 114
122          53B-1-111, as enacted by Laws of Utah 2016, Chapter 45
123          53B-17-301, as last amended by Laws of Utah 2015, Chapter 72
124          53B-17-903, as enacted by Laws of Utah 2022, Chapter 452
125          53B-17-1203, as last amended by Laws of Utah 2020, Chapter 365
126          53B-26-202, as last amended by Laws of Utah 2022, Chapter 224
127          53B-28-202, as last amended by Laws of Utah 2022, Chapter 335
128          53B-28-303, as last amended by Laws of Utah 2022, Chapter 335
129          53E-1-201, as last amended by Laws of Utah 2022, Chapters 147, 229, 274, 285, 291,
130     354, and 461
131          53E-3-503, as last amended by Laws of Utah 2020, Chapters 330, 408
132          53E-8-405, as renumbered and amended by Laws of Utah 2018, Chapter 1
133          53E-8-408, as last amended by Laws of Utah 2019, Chapter 186
134          53E-9-301, as last amended by Laws of Utah 2020, Chapter 408
135          53E-9-307, as last amended by Laws of Utah 2020, Chapter 408
136          53E-9-308, as last amended by Laws of Utah 2022, Chapter 335
137          53F-2-415, as last amended by Laws of Utah 2022, Chapter 409
138          53F-2-522, as enacted by Laws of Utah 2020, Chapter 202
139          53F-4-401, as last amended by Laws of Utah 2022, Chapter 316
140          53F-5-207, as last amended by Laws of Utah 2022, Chapter 36
141          53G-6-302, as last amended by Laws of Utah 2022, Chapter 335

142          53G-6-601, as renumbered and amended by Laws of Utah 2018, Chapter 3
143          53G-8-802, as last amended by Laws of Utah 2022, Chapter 399
144          53G-9-211, as enacted by Laws of Utah 2021, Chapter 309
145          53G-9-301, as last amended by Laws of Utah 2022, Chapter 255
146          53G-9-303, as last amended by Laws of Utah 2021, Chapter 258
147          53G-9-304, as renumbered and amended by Laws of Utah 2018, Chapter 3
148          53G-9-402, as last amended by Laws of Utah 2019, Chapter 293
149          53G-9-404, as repealed and reenacted by Laws of Utah 2019, Chapter 87
150          53G-9-502, as last amended by Laws of Utah 2019, Chapter 293
151          53G-9-702, as last amended by Laws of Utah 2021, Chapter 105
152          58-1-112, as enacted by Laws of Utah 2022, Chapter 224
153          58-1-307, as last amended by Laws of Utah 2020, Chapter 339
154          58-1-312, as enacted by Laws of Utah 2020, Chapter 93
155          58-1-405, as enacted by Laws of Utah 2008, Chapter 242
156          58-1-501.5, as last amended by Laws of Utah 2008, Chapter 250
157          58-1-501.7, as last amended by Laws of Utah 2020, Chapter 354
158          58-1-509, as enacted by Laws of Utah 2019, Chapter 346
159          58-4a-102, as enacted by Laws of Utah 2020, Chapter 107
160          58-5a-102, as last amended by Laws of Utah 2022, Chapter 290
161          58-5a-103, as last amended by Laws of Utah 2018, Chapter 247
162          58-9-610, as last amended by Laws of Utah 2009, Chapters 68, 223
163          58-9-616, as enacted by Laws of Utah 2018, Chapter 326
164          58-11a-501, as last amended by Laws of Utah 2016, Chapters 238, 274
165          58-13-2, as last amended by Laws of Utah 2022, Chapter 241
166          58-13-2.6, as last amended by Laws of Utah 2008, Chapter 76
167          58-13-3, as last amended by Laws of Utah 2022, Chapter 241
168          58-13-5, as last amended by Laws of Utah 2013, Chapter 278
169          58-15-303, as renumbered and amended by Laws of Utah 2022, Chapter 415

170          58-17b-102, as last amended by Laws of Utah 2021, Chapters 127, 340
171          58-17b-302, as last amended by Laws of Utah 2022, Chapter 353
172          58-17b-309, as last amended by Laws of Utah 2022, Chapter 353
173          58-17b-309.7, as last amended by Laws of Utah 2021, Chapter 340
174          58-17b-501, as last amended by Laws of Utah 2018, Chapter 295
175          58-17b-502, as last amended by Laws of Utah 2022, Chapter 465
176          58-17b-503, as last amended by Laws of Utah 2022, Chapter 465
177          58-17b-507, as last amended by Laws of Utah 2016, Chapters 202, 207 and 208 and
178     last amended by Coordination Clause, Laws of Utah 2016, Chapter 202
179          58-17b-602, as last amended by Laws of Utah 2017, Chapter 384
180          58-17b-606, as last amended by Laws of Utah 2010, Chapter 101
181          58-17b-620, as last amended by Laws of Utah 2022, Chapters 255, 465
182     Utah Code Sections Affected by Coordination Clause:
183          58-17b-302, as last amended by Laws of Utah 2022, Chapter 353
184     

185     Be it enacted by the Legislature of the state of Utah:
186          Section 1. Section 31A-22-614.5 is amended to read:
187          31A-22-614.5. Uniform claims processing -- Electronic exchange of health
188     information.
189          (1) (a) Except as provided in Subsection (1)(c), an insurer offering health insurance
190     shall use a uniform claim form and uniform billing and claim codes.
191          (b) Beginning January 1, 2011, all health benefit plans, and dental and vision plans,
192     shall provide for the electronic exchange of uniform:
193          (i) eligibility and coverage information; and
194          (ii) coordination of benefits information.
195          (c) For purposes of Subsection (1)(a), "health insurance" does not include a policy or
196     certificate that provides benefits solely for:
197          (i) income replacement; or

198          (ii) long-term care.
199          (2) (a) The uniform electronic standards and information required in Subsection (1)
200     shall be adopted and approved by the commissioner in accordance with Title 63G, Chapter 3,
201     Utah Administrative Rulemaking Act.
202          (b) When adopting rules under this section the commissioner:
203          (i) shall:
204          (A) consult with national and state organizations involved with the standardized
205     exchange of health data, and the electronic exchange of health data, to develop the standards
206     for the use and electronic exchange of uniform:
207          (I) claim forms;
208          (II) billing and claim codes;
209          (III) insurance eligibility and coverage information; and
210          (IV) coordination of benefits information; and
211          (B) meet federal mandatory minimum standards following the adoption of national
212     requirements for transaction and data elements in the federal Health Insurance Portability and
213     Accountability Act;
214          (ii) may not require an insurer or administrator to use a specific software product or
215     vendor; and
216          (iii) may require an insurer who participates in the all payer database created under
217     Section [26-33a-106.1] 26B-8-504 to allow data regarding demographic and insurance
218     coverage information to be electronically shared with the state's designated secure health
219     information master person index to be used:
220          (A) in compliance with data security standards established by:
221          (I) the federal Health Insurance Portability and Accountability Act; and
222          (II) the electronic commerce agreements established in a business associate agreement;
223     and
224          (B) for the purpose of coordination of health benefit plans.
225          (3) (a) The commissioner shall coordinate the administrative rules adopted under the

226     provisions of this section with the administrative rules adopted by the Department of Health
227     and Human Services for the implementation of the standards for the electronic exchange of
228     clinical health information under Section [26-1-37] 26B-8-411. The department shall establish
229     procedures for developing the rules adopted under this section, which ensure that the
230     Department of Health and Human Services is given the opportunity to comment on proposed
231     rules.
232          (b) (i) The commissioner may provide information to health care providers regarding
233     resources available to a health care provider to verify whether a health care provider's practice
234     management software system meets the uniform electronic standards for data exchange
235     required by this section.
236          (ii) The commissioner may provide the information described in Subsection (3)(b)(i)
237     by partnering with:
238          (A) a not-for-profit, broad based coalition of state health care insurers and health care
239     providers who are involved in the electronic exchange of the data required by this section; or
240          (B) some other person that the commissioner determines is appropriate to provide the
241     information described in Subsection (3)(b)(i).
242          (c) The commissioner shall regulate any fees charged by insurers to the providers for:
243          (i) uniform claim forms;
244          (ii) electronic billing; or
245          (iii) the electronic exchange of clinical health information permitted by Section
246     [26-1-37] 26B-8-411.
247          (4) This section does not require a person to provide information concerning an
248     employer self-insured employee welfare benefit plan as defined in 29 U.S.C. Sec. 1002(1).
249          Section 2. Section 31A-22-625 is amended to read:
250          31A-22-625. Catastrophic coverage of mental health conditions.
251          (1) As used in this section:
252          (a) (i) "Catastrophic mental health coverage" means coverage in a health benefit plan
253     that does not impose a lifetime limit, annual payment limit, episodic limit, inpatient or

254     outpatient service limit, or maximum out-of-pocket limit that places a greater financial burden
255     on an insured for the evaluation and treatment of a mental health condition than for the
256     evaluation and treatment of a physical health condition.
257          (ii) "Catastrophic mental health coverage" may include a restriction on cost sharing
258     factors, such as deductibles, copayments, or coinsurance, before reaching a maximum
259     out-of-pocket limit.
260          (iii) "Catastrophic mental health coverage" may include one maximum out-of-pocket
261     limit for physical health conditions and another maximum out-of-pocket limit for mental health
262     conditions, except that if separate out-of-pocket limits are established, the out-of-pocket limit
263     for mental health conditions may not exceed the out-of-pocket limit for physical health
264     conditions.
265          (b) (i) "50/50 mental health coverage" means coverage in a health benefit plan that
266     pays for at least 50% of covered services for the diagnosis and treatment of mental health
267     conditions.
268          (ii) "50/50 mental health coverage" may include a restriction on:
269          (A) episodic limits;
270          (B) inpatient or outpatient service limits; or
271          (C) maximum out-of-pocket limits.
272          (c) "Large employer" is as defined in 42 U.S.C. Sec. 300gg-91.
273          (d) (i) "Mental health condition" means a condition or disorder involving mental illness
274     that falls under a diagnostic category listed in the Diagnostic and Statistical Manual, as
275     periodically revised.
276          (ii) "Mental health condition" does not include the following when diagnosed as the
277     primary or substantial reason or need for treatment:
278          (A) a marital or family problem;
279          (B) a social, occupational, religious, or other social maladjustment;
280          (C) a conduct disorder;
281          (D) a chronic adjustment disorder;

282          (E) a psychosexual disorder;
283          (F) a chronic organic brain syndrome;
284          (G) a personality disorder;
285          (H) a specific developmental disorder or learning disability; or
286          (I) an intellectual disability.
287          (e) "Small employer" is as defined in 42 U.S.C. Sec. 300gg-91.
288          (2) (a) At the time of purchase and renewal, an insurer shall offer to a small employer
289     that it insures or seeks to insure a choice between:
290          (i) (A) catastrophic mental health coverage; or
291          (B) federally qualified mental health coverage as described in Subsection (3); and
292          (ii) 50/50 mental health coverage.
293          (b) In addition to complying with Subsection (2)(a), an insurer may offer to provide:
294          (i) catastrophic mental health coverage, 50/50 mental health coverage, or both at levels
295     that exceed the minimum requirements of this section; or
296          (ii) coverage that excludes benefits for mental health conditions.
297          (c) A small employer may, at its option, regardless of the employer's previous coverage
298     for mental health conditions, choose either:
299          (i) coverage offered under Subsection (2)(a)(i);
300          (ii) 50/50 mental health coverage; or
301          (iii) coverage offered under Subsection (2)(b).
302          (d) An insurer is exempt from the 30% index rating restriction in Section
303     31A-30-106.1 and, for the first year only that the employer chooses coverage that meets or
304     exceeds catastrophic mental health coverage, the 15% annual adjustment restriction in Section
305     31A-30-106.1, for a small employer with 20 or less enrolled employees who chooses coverage
306     that meets or exceeds catastrophic mental health coverage.
307          (3) (a) An insurer shall offer a large employer mental health and substance use disorder
308     benefit in compliance with Section 2705 of the Public Health Service Act, 42 U.S.C. Sec.
309     300gg-26, and federal regulations adopted pursuant to that act.

310          (b) An insurer shall provide in an individual or small employer health benefit plan,
311     mental health and substance use disorder benefits in compliance with Sections 2705 and 2711
312     of the Public Health Service Act, 42 U.S.C. Sec. 300gg-26, and federal regulations adopted
313     pursuant to that act.
314          (4) (a) An insurer may provide catastrophic mental health coverage to a small employer
315     through a managed care organization or system in a manner consistent with Chapter 8, Health
316     Maintenance Organizations and Limited Health Plans, regardless of whether the insurance
317     policy uses a managed care organization or system for the treatment of physical health
318     conditions.
319          (b) (i) Notwithstanding any other provision of this title, an insurer may:
320          (A) establish a closed panel of providers for catastrophic mental health coverage; and
321          (B) refuse to provide a benefit to be paid for services rendered by a nonpanel provider
322     unless:
323          (I) the insured is referred to a nonpanel provider with the prior authorization of the
324     insurer; and
325          (II) the nonpanel provider agrees to follow the insurer's protocols and treatment
326     guidelines.
327          (ii) If an insured receives services from a nonpanel provider in the manner permitted by
328     Subsection (4)(b)(i)(B), the insurer shall reimburse the insured for not less than 75% of the
329     average amount paid by the insurer for comparable services of panel providers under a
330     noncapitated arrangement who are members of the same class of health care providers.
331          (iii) This Subsection (4)(b) may not be construed as requiring an insurer to authorize a
332     referral to a nonpanel provider.
333          (c) To be eligible for catastrophic mental health coverage, a diagnosis or treatment of a
334     mental health condition shall be rendered:
335          (i) by a mental health therapist as defined in Section 58-60-102; or
336          (ii) in a health care facility:
337          (A) licensed or otherwise authorized to provide mental health services pursuant to:

338          (I) [Title 26, Chapter 21, Health Care Facility Licensing and Inspection Act] Title 26B,
339     Chapter 2, Part 2, Health Care Facility Licensing and Inspection; or
340          (II) [Title 62A, Chapter 2, Licensure of Programs and Facilities] Title 26B, Chapter 2,
341     Part 1, Human Services Programs and Facilities; and
342          (B) that provides a program for the treatment of a mental health condition pursuant to a
343     written plan.
344          (5) The commissioner may prohibit an insurance policy that provides mental health
345     coverage in a manner that is inconsistent with this section.
346          (6) The commissioner may adopt rules, in accordance with Title 63G, Chapter 3, Utah
347     Administrative Rulemaking Act, as necessary to ensure compliance with this section.
348          Section 3. Section 31A-22-633 is amended to read:
349          31A-22-633. Exemptions from standards.
350          Notwithstanding the provisions of [Title 31A, Insurance Code] this title, any accident
351     and health insurer or health maintenance organization may offer a choice of coverage that is
352     less or different than is otherwise required by applicable state law if:
353          (1) the Department of Health and Human Services offers a choice of coverage as part
354     of a Medicaid waiver under [Title 26, Chapter 18, Medical Assistance Act] Title 26B, Chapter
355     3, Health Care - Administration and Assistance, which includes:
356          (a) less or different coverage than the basic coverage;
357          (b) less or different coverage than is otherwise required in an insurance policy or health
358     maintenance organization contract under applicable state law; or
359          (c) less or different coverage than required by Subsection 31A-22-605(4)(b); and
360          (2) the choice of coverage offered by the carrier:
361          (a) is the same or similar coverage as the coverage offered by the Department of Health
362     and Human Services under Subsection (1);
363          (b) is offered to the same or similar population as the coverage offered by the
364     Department of Health and Human Services under Subsection (1); and
365          (c) contains an explanation for each insured of coverage exclusions and limitations.

366          Section 4. Section 31A-22-636 is amended to read:
367          31A-22-636. Standardized health insurance information cards.
368          (1) As used in this section, "insurer" means:
369          (a) an insurer governed by this part as described in Section 31A-22-600;
370          (b) a health maintenance organization governed by Chapter 8, Health Maintenance
371     Organizations and Limited Health Plans;
372          (c) a third party administrator; and
373          (d) notwithstanding Subsection 31A-1-103(3)(f) and Section 31A-22-600, a health,
374     medical, or conversion policy offered under Title 49, Chapter 20, Public Employees' Benefit
375     and Insurance Program Act.
376          (2) In accordance with Subsection (3), an insurer shall use and issue a health benefit
377     plan information card for the insurer's enrollees upon the purchase or renewal of, or enrollment
378     in, a health benefit plan.
379          (3) The health benefit plan information card shall include:
380          (a) the covered person's name;
381          (b) the name of the carrier and the carrier network name;
382          (c) the contact information for the carrier or health benefit plan administrator;
383          (d) general information regarding copayments and deductibles; and
384          (e) an indication of whether the health benefit plan is regulated by the state.
385          (4) (a) The commissioner shall work with the Department of Health and Human
386     Services, the Health Data Authority, health care providers groups, and with state and national
387     organizations that develop uniform standards for the electronic exchange of health insurance
388     claims or uniform standards for the electronic exchange of clinical health records.
389          (b) The commissioner may make rules in accordance with Title 63G, Chapter 3, Utah
390     Administrative Rulemaking Act, to adopt standardized electronic interchange technology.
391          (c) After rules are adopted under Subsection (4)(a), health care providers and their
392     licensing boards under Title 58, Occupations and Professions, and health facilities licensed
393     under [Title 26, Chapter 21, Health Care Facility Licensing and Inspection Act] Title 26B,

394     Chapter 2, Part 2, Health Care Facility Licensing and Inspection, shall work together to
395     implement the adoption of card swipe technology.
396          Section 5. Section 31A-22-645 is amended to read:
397          31A-22-645. Alcohol and drug dependency treatment.
398          (1) An insurer offering a health benefit plan providing coverage for alcohol or drug
399     dependency treatment may require an inpatient facility to be licensed by:
400          (a) (i) the Department of Health and Human Services, under [Title 62A, Chapter 2,
401     Licensure of Programs and Facilities] Title 26B, Chapter 2, Part 1, Human Services Programs
402     and Facilities; or
403          (ii) the Department of Health and Human Services; or
404          (b) for an inpatient facility located outside the state, a state agency similar to one
405     described in Subsection (1)(a).
406          (2) For inpatient coverage provided pursuant to Subsection (1), an insurer may require
407     an inpatient facility to be accredited by the following:
408          (a) the Joint Commission; and
409          (b) one other nationally recognized accrediting agency.
410          Section 6. Section 31A-22-649 is amended to read:
411          31A-22-649. Coverage of telepsychiatric consultations.
412          (1) As used in this section:
413          (a) "Telehealth services" means the same as that term is defined in Section [26-60-102]
414     26B-4-704.
415          (b) "Telepsychiatric consultation" means a consultation between a physician and a
416     board certified psychiatrist, both of whom are licensed to engage in the practice of medicine in
417     the state, that utilizes:
418          (i) the health records of the patient, provided from the patient or the referring
419     physician;
420          (ii) a written, evidence-based patient questionnaire; and
421          (iii) telehealth services that meet industry security and privacy standards, including

422     compliance with the:
423          (A) Health Insurance Portability and Accountability Act; and
424          (B) Health Information Technology for Economic and Clinical Health Act, Pub. L. No.
425     111-5, 123 Stat. 226, 467, as amended.
426          (2) Beginning January 1, 2019, a health benefit plan that offers coverage for mental
427     health services shall:
428          (a) provide coverage for a telepsychiatric consultation during or after an initial visit
429     between the patient and a referring in-network physician;
430          (b) provide coverage for a telepsychiatric consultation from an out-of-network board
431     certified psychiatrist if a telepsychiatric consultation is not made available to a physician within
432     seven business days after the initial request is made by the physician to an in-network provider
433     of telepsychiatric consultations; and
434          (c) reimburse for the services described in Subsections (2)(a) and (b) at the equivalent
435     in-network or out-of-network rate set by the health benefit plan after taking into account
436     cost-sharing that may be required under the health benefit plan.
437          (3) A single telepsychiatric consultation includes all contacts, services, discussion, and
438     information review required to complete an individual request from a referring physician for a
439     patient.
440          (4) An insurer may satisfy the requirement to cover a telepsychiatric consultation
441     described in Subsection (2)(a) for a patient by:
442          (a) providing coverage for behavioral health treatment, as defined in Section
443     31A-22-642, in person or using telehealth services; and
444          (b) ensuring that the patient receives an appointment for the behavioral health
445     treatment in person or using telehealth services on a date that is within seven business days
446     after the initial request is made by the in-network referring physician.
447          (5) A referring physician who uses a telepsychiatric consultation for a patient shall, at
448     the time that the questionnaire described in Subsection (1)(b)(ii) is completed, notify the
449     patient that:

450          (a) the referring physician plans to request a telepsychiatric consultation; and
451          (b) additional charges to the patient may apply.
452          (6) (a) An insurer may receive a temporary waiver from the department from the
453     requirements in this section if the insurer demonstrates to the department that the insurer is
454     unable to provide the benefits described in this section due to logistical reasons.
455          (b) An insurer that receives a waiver from the department under Subsection (6)(a) is
456     subject to the requirements of this section beginning July 1, 2019.
457          (7) This section does not limit an insurer from engaging in activities that ensure
458     payment integrity or facilitate review and investigation of improper practices by health care
459     providers.
460          Section 7. Section 31A-22-649.5 is amended to read:
461          31A-22-649.5. Insurance parity for telemedicine services -- Method of technology
462     used.
463          (1) As used in this section:
464          (a) "Mental health condition" means a mental disorder or a substance-related disorder
465     that falls under a diagnostic category listed in the Diagnostic and Statistical Manual, as
466     periodically revised.
467          (b) "Telemedicine services" means the same as that term is defined in Section
468     [26-60-102] 26B-4-704.
469          (2) Notwithstanding the provisions of Section 31A-22-618.5, a health benefit plan
470     offered in the individual market, the small group market, or the large group market shall:
471          (a) provide coverage for:
472          (i) telemedicine services that are covered by Medicare; and
473          (ii) treatment of a mental health condition through telemedicine services if:
474          (A) the health benefit plan provides coverage for the treatment of the mental health
475     condition through in-person services; and
476          (B) the health benefit plan determines treatment of the mental health condition through
477     telemedicine services meets the appropriate standard of care; and

478          (b) reimburse a network provider that provides the telemedicine services described in
479     Subsection (2)(a) at a negotiated commercially reasonable rate.
480          (3) (a) Notwithstanding Section 31A-45-303, a health benefit plan providing coverage
481     under Subsection (2)(a) may not impose originating site restrictions, geographic restrictions, or
482     distance-based restrictions.
483          (b) A network provider that provides the telemedicine services described in Subsection
484     (2)(a) may utilize any synchronous audiovisual technology for the telemedicine services that is
485     compliant with the federal Health Insurance Portability and Accountability Act of 1996.
486          Section 8. Section 31A-22-651 is amended to read:
487          31A-22-651. Insurance coverage for assisted outpatient treatment.
488          (1) As used in this section, "assisted outpatient treatment" means the same as that term
489     is defined in Section [62A-15-602] 26B-5-301.
490          (2) A health insurance provider may not deny an insured the benefits of the insured's
491     policy solely because the health care that the insured receives is provided under a court order
492     for assisted outpatient treatment, as provided in Section [62A-15-630.5] 26B-5-351.
493          Section 9. Section 31A-22-1016 is amended to read:
494          31A-22-1016. Workers' compensation coverage for medical cannabis operations.
495          A licensed and admitted workers' compensation insurer may issue coverage to:
496          (1) a cannabis production establishment as defined in Section 4-41a-102; or
497          (2) a medical cannabis pharmacy as defined in Section [26-61a-102] 26B-4-201.
498          Section 10. Section 31A-22-1602 is amended to read:
499          31A-22-1602. Genetic testing restrictions.
500          Except as provided under Section 31A-22-620, with respect to a matter related to
501     genetic testing and private genetic information, an insurer shall comply with the applicable
502     provisions of [Title 26, Chapter 45] Title 13, Chapter 60, Part 2, Genetic Testing and Procedure
503     Privacy Act, including Section [26-45-104] 13-60-205.
504          Section 11. Section 31A-23a-402 is amended to read:
505          31A-23a-402. Unfair marketing practices -- Communication -- Unfair

506     discrimination -- Coercion or intimidation -- Restriction on choice.
507          (1) (a) (i) Any of the following may not make or cause to be made any communication
508     that contains false or misleading information, relating to an insurance product or contract, any
509     insurer, or any licensee under this title, including information that is false or misleading
510     because it is incomplete:
511          (A) a person who is or should be licensed under this title;
512          (B) an employee or producer of a person described in Subsection (1)(a)(i)(A);
513          (C) a person whose primary interest is as a competitor of a person licensed under this
514     title; and
515          (D) a person on behalf of any of the persons listed in this Subsection (1)(a)(i).
516          (ii) As used in this Subsection (1), "false or misleading information" includes:
517          (A) assuring the nonobligatory payment of future dividends or refunds of unused
518     premiums in any specific or approximate amounts, but reporting fully and accurately past
519     experience is not false or misleading information; and
520          (B) with intent to deceive a person examining it:
521          (I) filing a report;
522          (II) making a false entry in a record; or
523          (III) wilfully refraining from making a proper entry in a record.
524          (iii) A licensee under this title may not:
525          (A) use any business name, slogan, emblem, or related device that is misleading or
526     likely to cause the insurer or other licensee to be mistaken for another insurer or other licensee
527     already in business; or
528          (B) use any name, advertisement, or other insurance promotional material that would
529     cause a reasonable person to mistakenly believe that a state or federal government agency and
530     the Children's Health Insurance Program created in [Title 26, Chapter 40, Utah Children's
531     Health Insurance Act] Title 26B, Chapter 3, Part 9, Utah Children's Health Insurance Program:
532          (I) is responsible for the insurance sales activities of the person;
533          (II) stands behind the credit of the person;

534          (III) guarantees any returns on insurance products of or sold by the person; or
535          (IV) is a source of payment of any insurance obligation of or sold by the person.
536          (iv) A person who is not an insurer may not assume or use any name that deceptively
537     implies or suggests that person is an insurer.
538          (v) A person other than persons licensed as health maintenance organizations under
539     Chapter 8, Health Maintenance Organizations and Limited Health Plans, may not use the term
540     "Health Maintenance Organization" or "HMO" in referring to itself.
541          (b) A licensee's violation creates a rebuttable presumption that the violation was also
542     committed by the insurer if:
543          (i) the licensee under this title distributes cards or documents, exhibits a sign, or
544     publishes an advertisement that violates Subsection (1)(a), with reference to a particular
545     insurer:
546          (A) that the licensee represents; or
547          (B) for whom the licensee processes claims; and
548          (ii) the cards, documents, signs, or advertisements are supplied or approved by that
549     insurer.
550          (2) (a) A title insurer, individual title insurance producer, or agency title insurance
551     producer or any officer or employee of the title insurer, individual title insurance producer, or
552     agency title insurance producer may not pay, allow, give, or offer to pay, allow, or give,
553     directly or indirectly, as an inducement to obtaining any title insurance business:
554          (i) any rebate, reduction, or abatement of any rate or charge made incident to the
555     issuance of the title insurance;
556          (ii) any special favor or advantage not generally available to others;
557          (iii) any money or other consideration, except if approved under Section 31A-2-405; or
558          (iv) material inducement.
559          (b) "Charge made incident to the issuance of the title insurance" includes escrow
560     charges, and any other services that are prescribed in rule by the Title and Escrow Commission
561     after consultation with the commissioner and subject to Section 31A-2-404.

562          (c) An insured or any other person connected, directly or indirectly, with the
563     transaction may not knowingly receive or accept, directly or indirectly, any benefit referred to
564     in Subsection (2)(a), including:
565          (i) a person licensed under Title 61, Chapter 2c, Utah Residential Mortgage Practices
566     and Licensing Act;
567          (ii) a person licensed under Title 61, Chapter 2f, Real Estate Licensing and Practices
568     Act;
569          (iii) a builder;
570          (iv) an attorney; or
571          (v) an officer, employee, or agent of a person listed in this Subsection (2)(c)(iii).
572          (3) (a) An insurer may not unfairly discriminate among policyholders by charging
573     different premiums or by offering different terms of coverage, except on the basis of
574     classifications related to the nature and the degree of the risk covered or the expenses involved.
575          (b) Rates are not unfairly discriminatory if they are averaged broadly among persons
576     insured under a group, blanket, or franchise policy, and the terms of those policies are not
577     unfairly discriminatory merely because they are more favorable than in similar individual
578     policies.
579          (4) (a) This Subsection (4) applies to:
580          (i) a person who is or should be licensed under this title;
581          (ii) an employee of that licensee or person who should be licensed;
582          (iii) a person whose primary interest is as a competitor of a person licensed under this
583     title; and
584          (iv) one acting on behalf of any person described in Subsections (4)(a)(i) through (iii).
585          (b) A person described in Subsection (4)(a) may not commit or enter into any
586     agreement to participate in any act of boycott, coercion, or intimidation that:
587          (i) tends to produce:
588          (A) an unreasonable restraint of the business of insurance; or
589          (B) a monopoly in that business; or

590          (ii) results in an applicant purchasing or replacing an insurance contract.
591          (5) (a) (i) Subject to Subsection (5)(a)(ii), a person may not restrict in the choice of an
592     insurer or licensee under this chapter, another person who is required to pay for insurance as a
593     condition for the conclusion of a contract or other transaction or for the exercise of any right
594     under a contract.
595          (ii) A person requiring coverage may reserve the right to disapprove the insurer or the
596     coverage selected on reasonable grounds.
597          (b) The form of corporate organization of an insurer authorized to do business in this
598     state is not a reasonable ground for disapproval, and the commissioner may by rule specify
599     additional grounds that are not reasonable. This Subsection (5) does not bar an insurer from
600     declining an application for insurance.
601          (6) A person may not make any charge other than insurance premiums and premium
602     financing charges for the protection of property or of a security interest in property, as a
603     condition for obtaining, renewing, or continuing the financing of a purchase of the property or
604     the lending of money on the security of an interest in the property.
605          (7) (a) A licensee under this title may not refuse or fail to return promptly all indicia of
606     agency to the principal on demand.
607          (b) A licensee whose license is suspended, limited, or revoked under Section
608     31A-2-308, 31A-23a-111, or 31A-23a-112 may not refuse or fail to return the license to the
609     commissioner on demand.
610          (8) (a) A person may not engage in an unfair method of competition or any other unfair
611     or deceptive act or practice in the business of insurance, as defined by the commissioner by
612     rule, after a finding that the method of competition, the act, or the practice:
613          (i) is misleading;
614          (ii) is deceptive;
615          (iii) is unfairly discriminatory;
616          (iv) provides an unfair inducement; or
617          (v) unreasonably restrains competition.

618          (b) Notwithstanding Subsection (8)(a), for purpose of the title insurance industry, the
619     Title and Escrow Commission shall make rules, subject to Section 31A-2-404, that define an
620     unfair method of competition or unfair or deceptive act or practice after a finding that the
621     method of competition, the act, or the practice:
622          (i) is misleading;
623          (ii) is deceptive;
624          (iii) is unfairly discriminatory;
625          (iv) provides an unfair inducement; or
626          (v) unreasonably restrains competition.
627          Section 12. Section 31A-23b-102 is amended to read:
628          31A-23b-102. Definitions.
629          As used in this chapter:
630          (1) "Enroll" and "enrollment" mean to:
631          (a) (i) obtain personally identifiable information about an individual; and
632          (ii) inform an individual about accident and health insurance plans or public programs
633     offered on an exchange;
634          (b) solicit insurance; or
635          (c) submit to the exchange:
636          (i) personally identifiable information about an individual; and
637          (ii) an individual's selection of a particular accident and health insurance plan or public
638     program offered on the exchange.
639          (2) "Navigator":
640          (a) means a person who facilitates enrollment in an exchange by offering to assist, or
641     who advertises any services to assist, with:
642          (i) the selection of and enrollment in a qualified health plan or a public program
643     offered on an exchange; or
644          (ii) applying for premium subsidies through an exchange; and
645          (b) includes a person who is an in-person assister or a certified application counselor as

646     described in federal regulations or guidance issued under PPACA.
647          (3) "Personally identifiable information" is as defined in 45 C.F.R. Sec. 155.260.
648          (4) "Public programs" means the state Medicaid program in [Title 26, Chapter 18,
649     Medical Assistance Act] Title 26B, Chapter 3, Health Care - Administration and Assistance,
650     and [Title 26, Chapter 40, Utah Children's Health Insurance Act] Title 26B, Chapter 3, Part 9,
651     Utah Children's Health Insurance Program.
652          (5) "Resident" is as defined by rule made by the commissioner in accordance with Title
653     63G, Chapter 3, Utah Administrative Rulemaking Act.
654          (6) "Solicit" means the same as that term is defined in Section 31A-23a-102.
655          Section 13. Section 31A-23b-211 is amended to read:
656          31A-23b-211. Exceptions to navigator licensing.
657          (1) For purposes of this section:
658          (a) "Negotiate" is as defined in Section 31A-23a-102.
659          (b) "Sell" is as defined in Section 31A-23a-102.
660          (c) "Solicit" is as defined in Section 31A-23a-102.
661          (2) The commissioner may not require a license as a navigator of:
662          (a) a person who is employed by or contracts with:
663          (i) a health care facility that is licensed under [Title 26, Chapter 21, Health Care
664     Facility Licensing and Inspection Act] Title 26B, Chapter 2, Part 2, Health Care Facility
665     Licensing and Inspection, to assist an individual with enrollment in a public program or an
666     application for premium subsidy; or
667          (ii) the state, a political subdivision of the state, an entity of a political subdivision of
668     the state, or a public school district to assist an individual with enrollment in a public program
669     or an application for premium subsidy;
670          (b) a federally qualified health center as defined by Section 1905(1)(2)(B) of the Social
671     Security Act which assists an individual with enrollment in a public program or an application
672     for premium subsidy;
673          (c) a person licensed under Chapter 23a, Insurance Marketing - Licensing Producers,

674     Consultants, and Reinsurance Intermediaries, if the person is licensed in the appropriate line of
675     authority to sell, solicit, or negotiate accident and health insurance plans;
676          (d) an officer, director, or employee of a navigator:
677          (i) who does not receive compensation or commission from an insurer issuing an
678     insurance contract, an agency administering a public program, an individual who enrolled in a
679     public program or insurance product, or an exchange; and
680          (ii) whose activities:
681          (A) are executive, administrative, managerial, clerical, or a combination thereof;
682          (B) only indirectly relate to the sale, solicitation, or negotiation of insurance, or the
683     enrollment in a public program offered through the exchange;
684          (C) are in the capacity of a special agent or agency supervisor assisting an insurance
685     producer or navigator;
686          (D) are limited to providing technical advice and assistance to a licensed insurance
687     producer or navigator; or
688          (E) do not include the sale, solicitation, or negotiation of insurance, or the enrollment
689     in a public program;
690          (e) a person who does not sell, solicit, or negotiate insurance and is not directly or
691     indirectly compensated by an insurer issuing an insurance contract, an agency administering a
692     public program, an individual who enrolled in a public program or insurance product, or an
693     exchange, including:
694          (i) an employer, association, officer, director, employee, or trustee of an employee trust
695     plan who is engaged in the administration or operation of a program:
696          (A) of employee benefits for the employer's or association's own employees or the
697     employees of a subsidiary or affiliate of an employer or association; and
698          (B) that involves the use of insurance issued by an insurer or enrollment in a public
699     health plan on an exchange;
700          (ii) an employee of an insurer or organization employed by an insurer who is engaging
701     in the inspection, rating, or classification of risk, or the supervision of training of insurance

702     producers; or
703          (iii) an employee who counsels or advises the employee's employer with regard to the
704     insurance interests of the employer, or a subsidiary or business affiliate of the employer; and
705          (f) an Indian health clinic or Urban Indian Health Center, as defined in Title V of the
706     Indian Health Care Improvement Act, which assists a person with enrollment in a public
707     program or an application for a premium subsidy.
708          (3) The exemption from licensure under Subsections (2)(a), (b), and (f) does not apply
709     if a person described in Subsections (2)(a), (b), and (f) enrolls a person in a private insurance
710     plan.
711          (4) The commissioner may by rule exempt a class of persons from the license
712     requirement of Subsection 31A-23b-201(1) if:
713          (a) the functions performed by the class of persons do not require:
714          (i) special competence;
715          (ii) special trustworthiness; or
716          (iii) regulatory surveillance made possible by licensing; or
717          (b) other existing safeguards make regulation unnecessary.
718          Section 14. Section 31A-26-301.6 is amended to read:
719          31A-26-301.6. Health care claims practices.
720          (1) As used in this section:
721          (a) "Health care provider" means a person licensed to provide health care under:
722          (i) [Title 26, Chapter 21, Health Care Facility Licensing and Inspection Act] Title 26B,
723     Chapter 2, Part 2, Health Care Facility Licensing and Inspection; or
724          (ii) Title 58, Occupations and Professions.
725          (b) "Insurer" means an admitted or authorized insurer, as defined in Section
726     31A-1-301, and includes:
727          (i) a health maintenance organization; and
728          (ii) a third party administrator that is subject to this title, provided that nothing in this
729     section may be construed as requiring a third party administrator to use its own funds to pay

730     claims that have not been funded by the entity for which the third party administrator is paying
731     claims.
732          (c) "Provider" means a health care provider to whom an insurer is obligated to pay
733     directly in connection with a claim by virtue of:
734          (i) an agreement between the insurer and the provider;
735          (ii) a health insurance policy or contract of the insurer; or
736          (iii) state or federal law.
737          (2) An insurer shall timely pay every valid insurance claim submitted by a provider in
738     accordance with this section.
739          (3) (a) Except as provided in Subsection (4), within 30 days of the day on which the
740     insurer receives a written claim, an insurer shall:
741          (i) pay the claim; or
742          (ii) deny the claim and provide a written explanation for the denial.
743          (b) (i) Subject to Subsection (3)(b)(ii), the time period described in Subsection (3)(a)
744     may be extended by 15 days if the insurer:
745          (A) determines that the extension is necessary due to matters beyond the control of the
746     insurer; and
747          (B) before the end of the 30-day period described in Subsection (3)(a), notifies the
748     provider and insured in writing of:
749          (I) the circumstances requiring the extension of time; and
750          (II) the date by which the insurer expects to pay the claim or deny the claim with a
751     written explanation for the denial.
752          (ii) If an extension is necessary due to a failure of the provider or insured to submit the
753     information necessary to decide the claim:
754          (A) the notice of extension required by this Subsection (3)(b) shall specifically describe
755     the required information; and
756          (B) the insurer shall give the provider or insured at least 45 days from the day on which
757     the provider or insured receives the notice before the insurer denies the claim for failure to

758     provide the information requested in Subsection (3)(b)(ii)(A).
759          (4) (a) In the case of a claim for income replacement benefits, within 45 days of the day
760     on which the insurer receives a written claim, an insurer shall:
761          (i) pay the claim; or
762          (ii) deny the claim and provide a written explanation of the denial.
763          (b) Subject to Subsections (4)(d) and (e), the time period described in Subsection (4)(a)
764     may be extended for 30 days if the insurer:
765          (i) determines that the extension is necessary due to matters beyond the control of the
766     insurer; and
767          (ii) before the expiration of the 45-day period described in Subsection (4)(a), notifies
768     the insured of:
769          (A) the circumstances requiring the extension of time; and
770          (B) the date by which the insurer expects to pay the claim or deny the claim with a
771     written explanation for the denial.
772          (c) Subject to Subsections (4)(d) and (e), the time period for complying with
773     Subsection (4)(a) may be extended for up to an additional 30 days from the day on which the
774     30-day extension period provided in Subsection (4)(b) ends if before the day on which the
775     30-day extension period ends, the insurer:
776          (i) determines that due to matters beyond the control of the insurer a decision cannot be
777     rendered within the 30-day extension period; and
778          (ii) notifies the insured of:
779          (A) the circumstances requiring the extension; and
780          (B) the date as of which the insurer expects to pay the claim or deny the claim with a
781     written explanation for the denial.
782          (d) A notice of extension under this Subsection (4) shall specifically explain:
783          (i) the standards on which entitlement to a benefit is based; and
784          (ii) the unresolved issues that prevent a decision on the claim.
785          (e) If an extension allowed by Subsection (4)(b) or (c) is necessary due to a failure of

786     the insured to submit the information necessary to decide the claim:
787          (i) the notice of extension required by Subsection (4)(b) or (c) shall specifically
788     describe the necessary information; and
789          (ii) the insurer shall give the insured at least 45 days from the day on which the insured
790     receives the notice before the insurer denies the claim for failure to provide the information
791     requested in Subsection (4)(b) or (c).
792          (5) If a period of time is extended as permitted under Subsection (3)(b), (4)(b), or
793     (4)(c), due to an insured or provider failing to submit information necessary to decide a claim,
794     the period for making the benefit determination shall be tolled from the date on which the
795     notification of the extension is sent to the insured or provider until the date on which the
796     insured or provider responds to the request for additional information.
797          (6) An insurer shall pay all sums to the provider or insured that the insurer is obligated
798     to pay on the claim, and provide a written explanation of the insurer's decision regarding any
799     part of the claim that is denied within 20 days of receiving the information requested under
800     Subsection (3)(b), (4)(b), or (4)(c).
801          (7) (a) Whenever an insurer makes a payment to a provider on any part of a claim
802     under this section, the insurer shall also send to the insured an explanation of benefits paid.
803          (b) Whenever an insurer denies any part of a claim under this section, the insurer shall
804     also send to the insured:
805          (i) a written explanation of the part of the claim that was denied; and
806          (ii) notice of the adverse benefit determination review process established under
807     Section 31A-22-629.
808          (c) This Subsection (7) does not apply to a person receiving benefits under the state
809     Medicaid program as defined in Section [26-18-2] 26B-3-101, unless required by the
810     Department of Health and Human Services or federal law.
811          (8) (a) A late fee shall be imposed on:
812          (i) an insurer that fails to timely pay a claim in accordance with this section; and
813          (ii) a provider that fails to timely provide information on a claim in accordance with

814     this section.
815          (b) The late fee described in Subsection (8)(a) shall be determined by multiplying
816     together:
817          (i) the total amount of the claim the insurer is obliged to pay;
818          (ii) the total number of days the response or the payment is late; and
819          (iii) 0.033% daily interest rate.
820          (c) Any late fee paid or collected under this Subsection (8) shall be separately
821     identified on the documentation used by the insurer to pay the claim.
822          (d) For purposes of this Subsection (8), "late fee" does not include an amount that is
823     less than $1.
824          (9) Each insurer shall establish a review process to resolve claims-related disputes
825     between the insurer and providers.
826          (10) An insurer or person representing an insurer may not engage in any unfair claim
827     settlement practice with respect to a provider. Unfair claim settlement practices include:
828          (a) knowingly misrepresenting a material fact or the contents of an insurance policy in
829     connection with a claim;
830          (b) failing to acknowledge and substantively respond within 15 days to any written
831     communication from a provider relating to a pending claim;
832          (c) denying or threatening to deny the payment of a claim for any reason that is not
833     clearly described in the insured's policy;
834          (d) failing to maintain a payment process sufficient to comply with this section;
835          (e) failing to maintain claims documentation sufficient to demonstrate compliance with
836     this section;
837          (f) failing, upon request, to give to the provider written information regarding the
838     specific rate and terms under which the provider will be paid for health care services;
839          (g) failing to timely pay a valid claim in accordance with this section as a means of
840     influencing, intimidating, retaliating, or gaining an advantage over the provider with respect to
841     an unrelated claim, an undisputed part of a pending claim, or some other aspect of the

842     contractual relationship;
843          (h) failing to pay the sum when required and as required under Subsection (8) when a
844     violation has occurred;
845          (i) threatening to retaliate or actual retaliation against a provider for the provider
846     applying this section;
847          (j) any material violation of this section; and
848          (k) any other unfair claim settlement practice established in rule or law.
849          (11) (a) The provisions of this section shall apply to each contract between an insurer
850     and a provider for the duration of the contract.
851          (b) Notwithstanding Subsection (11)(a), this section may not be the basis for a bad
852     faith insurance claim.
853          (c) Nothing in Subsection (11)(a) may be construed as limiting the ability of an insurer
854     and a provider from including provisions in their contract that are more stringent than the
855     provisions of this section.
856          (12) (a) Pursuant to Chapter 2, Part 2, Duties and Powers of Commissioner, the
857     commissioner may conduct examinations to determine an insurer's level of compliance with
858     this section and impose sanctions for each violation.
859          (b) The commissioner may adopt rules only as necessary to implement this section.
860          (c) The commissioner may establish rules to facilitate the exchange of electronic
861     confirmations when claims-related information has been received.
862          (d) Notwithstanding Subsection (12)(b), the commissioner may not adopt rules
863     regarding the review process required by Subsection (9).
864          (13) Nothing in this section may be construed as limiting the collection rights of a
865     provider under Section 31A-26-301.5.
866          (14) Nothing in this section may be construed as limiting the ability of an insurer to:
867          (a) recover any amount improperly paid to a provider or an insured:
868          (i) in accordance with Section 31A-31-103 or any other provision of state or federal
869     law;

870          (ii) within 24 months of the amount improperly paid for a coordination of benefits
871     error;
872          (iii) within 12 months of the amount improperly paid for any other reason not
873     identified in Subsection (14)(a)(i) or (ii); or
874          (iv) within 36 months of the amount improperly paid when the improper payment was
875     due to a recovery by Medicaid, Medicare, the Children's Health Insurance Program, or any
876     other state or federal health care program;
877          (b) take any action against a provider that is permitted under the terms of the provider
878     contract and not prohibited by this section;
879          (c) report the provider to a state or federal agency with regulatory authority over the
880     provider for unprofessional, unlawful, or fraudulent conduct; or
881          (d) enter into a mutual agreement with a provider to resolve alleged violations of this
882     section through mediation or binding arbitration.
883          (15) A health care provider may only seek recovery from the insurer for an amount
884     improperly paid by the insurer within the same time frames as Subsections (14)(a) and (b).
885          (16) (a) An insurer may offer the remittance of payment through a credit card or other
886     similar arrangement.
887          (b) (i) A health care provider may elect not to receive remittance through a credit card
888     or other similar arrangement.
889          (ii) An insurer:
890          (A) shall permit a health care provider's election described in Subsection (16)(b)(i) to
891     apply to the health care provider's entire practice; and
892          (B) may not require a health care provider's election described in Subsection (16)(b)(i)
893     to be made on a patient-by-patient basis.
894          (c) An insurer may not require a health care provider or insured to accept remittance
895     through a credit card or other similar arrangement.
896          Section 15. Section 31A-45-402 is amended to read:
897          31A-45-402. Alcohol and drug dependency treatment.

898          (1) A managed care organization offering a health benefit plan providing coverage for
899     alcohol or drug dependency treatment may require an inpatient facility to be licensed by:
900          (a) (i) the Department of Health and Human Services, under [Title 62A, Chapter 2,
901     Licensure of Programs and Facilities] Title 26B, Chapter 2, Part 1, Human Services Programs
902     and Facilities; or
903          (ii) the Department of Health and Human Services; or
904          (b) for an inpatient facility located outside the state, a state agency similar to one
905     described in Subsection (1)(a).
906          (2) For inpatient coverage provided pursuant to Subsection (1), a managed care
907     organization may require an inpatient facility to be accredited by the following:
908          (a) the Joint Commission; and
909          (b) one other nationally recognized accrediting agency.
910          Section 16. Section 31A-45-501 is amended to read:
911          31A-45-501. Access to health care providers.
912          (1) As used in this section:
913          (a) "Class of health care provider" means a health care provider or a health care facility
914     regulated by the state within the same professional, trade, occupational, or certification
915     category established under Title 58, Occupations and Professions, or within the same facility
916     licensure category established under [Title 26, Chapter 21, Health Care Facility Licensing and
917     Inspection Act] Title 26B, Chapter 2, Part 2, Health Care Facility Licensing and Inspection.
918          (b) "Covered health care services" or "covered services" means health care services for
919     which an enrollee is entitled to receive under the terms of a managed care organization
920     contract.
921          (c) "Credentialed staff member" means a health care provider with active staff
922     privileges at an independent hospital or federally qualified health center.
923          (d) "Federally qualified health center" means as defined in the Social Security Act, 42
924     U.S.C. Sec. 1395x.
925          (e) "Independent hospital" means a general acute hospital or a critical access hospital

926     that:
927          (i) is either:
928          (A) located 20 miles or more from any other general acute hospital or critical access
929     hospital; or
930          (B) licensed as of January 1, 2004;
931          (ii) is licensed pursuant to [Title 26, Chapter 21, Health Care Facility Licensing and
932     Inspection Act] Title 26B, Chapter 2, Part 2, Health Care Facility Licensing and Inspection;
933          (iii) is controlled by a board of directors of which 51% or more reside in the county
934     where the hospital is located; and
935          (iv) (A) the hospital's board of directors is ultimately responsible for the policy and
936     financial decisions of the hospital; or
937          (B) the hospital is licensed for 60 or fewer beds and is not owned, in whole or in part,
938     by an entity that owns or controls a health maintenance organization if the hospital is a
939     contracting facility of the organization.
940          (f) "Noncontracting provider" means an independent hospital, federally qualified health
941     center, or credentialed staff member that has not contracted with a managed care organization
942     to provide health care services to enrollees of the managed care organization.
943          (2) Except for a managed care organization that is under the common ownership or
944     control of an entity with a hospital located within 10 paved road miles of an independent
945     hospital, a managed care organization shall pay for covered health care services rendered to an
946     enrollee by an independent hospital, a credentialed staff member at an independent hospital, or
947     a credentialed staff member at his local practice location if:
948          (a) the enrollee:
949          (i) lives or resides within 30 paved road miles of the independent hospital; or
950          (ii) if Subsection (2)(a)(i) does not apply, lives or resides in closer proximity to the
951     independent hospital than a contracting hospital;
952          (b) the independent hospital is located prior to December 31, 2000 in a county with a
953     population density of less than 100 people per square mile, or the independent hospital is

954     located in a county with a population density of less than 30 people per square mile; and
955          (c) the enrollee has complied with the prior authorization and utilization review
956     requirements otherwise required by the managed care organization contract.
957          (3) A managed care organization shall pay for covered health care services rendered to
958     an enrollee at a federally qualified health center if:
959          (a) the enrollee:
960          (i) lives or resides within 30 paved road miles of the federally qualified health center;
961     or
962          (ii) if Subsection (3)(a)(i) does not apply, lives or resides in closer proximity to the
963     federally qualified health center than a contracting provider;
964          (b) the federally qualified health center is located in a county with a population density
965     of less than 30 people per square mile; and
966          (c) the enrollee has complied with the prior authorization and utilization review
967     requirements otherwise required by the managed care organization contract.
968          (4) (a) A managed care organization shall reimburse a noncontracting provider or the
969     enrollee for covered services rendered pursuant to Subsection (2) a like dollar amount as the
970     managed care organization pays to contracting providers under a noncapitated arrangement for
971     comparable services.
972          (b) A managed care organization shall reimburse a federally qualified health center or
973     the enrollee for covered services rendered pursuant to Subsection (3) a like amount as paid by
974     the managed care organization under a noncapitated arrangement for comparable services to a
975     contracting provider in the same class of health care providers as the provider who rendered the
976     service.
977          (5) (a) A noncontracting independent hospital may not balance bill a patient when the
978     managed care organization reimburses a noncontracting independent hospital or an enrollee in
979     accordance with Subsection (4)(a).
980          (b) A noncontracting federally qualified health center may not balance bill a patient
981     when the federally qualified health center or the enrollee receives reimbursement in accordance

982     with Subsection (4)(b).
983          (6) A noncontracting provider may only refer an enrollee to another noncontracting
984     provider so as to obligate the enrollee's managed care organization to pay for the resulting
985     services if:
986          (a) the noncontracting provider making the referral or the enrollee has received prior
987     authorization from the organization for the referral; or
988          (b) the practice location of the noncontracting provider to whom the referral is made:
989          (i) is located in a county with a population density of less than 25 people per square
990     mile; and
991          (ii) is within 30 paved road miles of:
992          (A) the place where the enrollee lives or resides; or
993          (B) the independent hospital or federally qualified health center at which the enrollee
994     may receive covered services pursuant to Subsection (2) or (3).
995          (7) Notwithstanding this section, a managed care organization may contract directly
996     with an independent hospital, federally qualified health center, or credentialed staff member.
997          (8) (a) A managed care organization that violates any provision of this section is
998     subject to sanctions as determined by the commissioner in accordance with Section 31A-2-308.
999          (b) Violations of this section include:
1000          (i) failing to provide the notice required by Subsection (8)(d) by placing the notice in
1001     any managed care organization's provider list that is supplied to enrollees, including any
1002     website maintained by the managed care organization;
1003          (ii) failing to provide notice of an enrollee's rights under this section when:
1004          (A) an enrollee makes personal contact with the managed care organization by
1005     telephone, electronic transaction, or in person; and
1006          (B) the enrollee inquires about the enrollee's rights to access an independent hospital or
1007     federally qualified health center; and
1008          (iii) refusing to reprocess or reconsider a claim, initially denied by the managed care
1009     organization, when the provisions of this section apply to the claim.

1010          (c) The commissioner shall, pursuant to Chapter 2, Part 2, Duties and Powers of
1011     Commissioner:
1012          (i) adopt rules as necessary to implement this section;
1013          (ii) identify in rule:
1014          (A) the counties with a population density of less than 100 people per square mile;
1015          (B) independent hospitals as defined in Subsection (1)(e); and
1016          (C) federally qualified health centers as defined in Subsection (1)(d).
1017          (d) (i) A managed care organization shall:
1018          (A) use the information developed by the commissioner under Subsection (8)(c) to
1019     identify the rural counties, independent hospitals, and federally qualified health centers that are
1020     located in the managed care organization's service area; and
1021          (B) include the providers identified under Subsection (8)(d)(i)(A) in the notice required
1022     in Subsection (8)(d)(ii).
1023          (ii) The managed care organization shall provide the following notice, in bold type, to
1024     enrollees as specified under Subsection (8)(b)(i), and shall keep the notice current:
1025          "You may be entitled to coverage for health care services from the following
1026     noncontracted providers if you live or reside within 30 paved road miles of the listed providers,
1027     or if you live or reside in closer proximity to the listed providers than to your contracted
1028     providers:
1029          This list may change periodically, please check on our website or call for verification.
1030     Please be advised that if you choose a noncontracted provider you will be responsible for any
1031     charges not covered by your health insurance plan.
1032          If you have questions concerning your rights to see a provider on this list you may
1033     contact your managed care organization at ________. If the managed care organization does
1034     not resolve your problem, you may contact the Office of Consumer Health Assistance in the
1035     Insurance Department, toll free."
1036          (e) A person whose interests are affected by an alleged violation of this section may
1037     contact the Office of Consumer Health Assistance and request assistance, or file a complaint as

1038     provided in Section 31A-2-216.
1039          Section 17. Section 32B-1-102 is amended to read:
1040          32B-1-102. Definitions.
1041          As used in this title:
1042          (1) "Airport lounge" means a business location:
1043          (a) at which an alcoholic product is sold at retail for consumption on the premises; and
1044          (b) that is located at an international airport.
1045          (2) "Airport lounge license" means a license issued in accordance with Chapter 5,
1046     Retail License Act, and Chapter 6, Part 5, Airport Lounge License.
1047          (3) "Alcoholic beverage" means the following:
1048          (a) beer; or
1049          (b) liquor.
1050          (4) (a) "Alcoholic product" means a product that:
1051          (i) contains at least .5% of alcohol by volume; and
1052          (ii) is obtained by fermentation, infusion, decoction, brewing, distillation, or other
1053     process that uses liquid or combinations of liquids, whether drinkable or not, to create alcohol
1054     in an amount equal to or greater than .5% of alcohol by volume.
1055          (b) "Alcoholic product" includes an alcoholic beverage.
1056          (c) "Alcoholic product" does not include any of the following common items that
1057     otherwise come within the definition of an alcoholic product:
1058          (i) except as provided in Subsection (4)(d), an extract;
1059          (ii) vinegar;
1060          (iii) preserved nonintoxicating cider;
1061          (iv) essence;
1062          (v) tincture;
1063          (vi) food preparation; or
1064          (vii) an over-the-counter medicine.
1065          (d) "Alcoholic product" includes an extract containing alcohol obtained by distillation

1066     when it is used as a flavoring in the manufacturing of an alcoholic product.
1067          (5) "Alcohol training and education seminar" means a seminar that is:
1068          (a) required by Chapter 1, Part 7, Alcohol Training and Education Act; and
1069          (b) described in Section [62A-15-401] 26B-5-205.
1070          (6) "Arena" means an enclosed building:
1071          (a) that is managed by:
1072          (i) the same person who owns the enclosed building;
1073          (ii) a person who has a majority interest in each person who owns or manages a space
1074     in the enclosed building; or
1075          (iii) a person who has authority to direct or exercise control over the management or
1076     policy of each person who owns or manages a space in the enclosed building;
1077          (b) that operates as a venue; and
1078          (c) that has an occupancy capacity of at least 12,500.
1079          (7) "Arena license" means a license issued in accordance with Chapter 5, Retail
1080     License Act, and Chapter 8c, Arena License Act.
1081          (8) "Banquet" means an event:
1082          (a) that is a private event or a privately sponsored event;
1083          (b) that is held at one or more designated locations approved by the commission in or
1084     on the premises of:
1085          (i) a hotel;
1086          (ii) a resort facility;
1087          (iii) a sports center;
1088          (iv) a convention center;
1089          (v) a performing arts facility; or
1090          (vi) an arena;
1091          (c) for which there is a contract:
1092          (i) between a person operating a facility listed in Subsection (8)(b) and another person
1093     that has common ownership of less than 20% with the person operating the facility; and

1094          (ii) under which the person operating a facility listed in Subsection (8)(b) is required to
1095     provide an alcoholic product at the event; and
1096          (d) at which food and alcoholic products may be sold, offered for sale, or furnished.
1097          (9) (a) "Bar establishment license" means a license issued in accordance with Chapter
1098     5, Retail License Act, and Chapter 6, Part 4, Bar Establishment License.
1099          (b) "Bar establishment license" includes:
1100          (i) a dining club license;
1101          (ii) an equity license;
1102          (iii) a fraternal license; or
1103          (iv) a bar license.
1104          (10) "Bar license" means a license issued in accordance with Chapter 5, Retail License
1105     Act, and Chapter 6, Part 4, Bar Establishment License.
1106          (11) (a) "Beer" means a product that:
1107          (i) contains:
1108          (A) at least .5% of alcohol by volume; and
1109          (B) no more than 5% of alcohol by volume or 4% by weight;
1110          (ii) is obtained by fermentation, infusion, or decoction of:
1111          (A) malt; or
1112          (B) a malt substitute; and
1113          (iii) is clearly marketed, labeled, and identified as:
1114          (A) beer;
1115          (B) ale;
1116          (C) porter;
1117          (D) stout;
1118          (E) lager;
1119          (F) a malt;
1120          (G) a malted beverage; or
1121          (H) seltzer.

1122          (b) "Beer" may contain:
1123          (i) hops extract; or
1124          (ii) caffeine, if the caffeine is a natural constituent of an added ingredient.
1125          (c) "Beer" does not include:
1126          (i) a flavored malt beverage;
1127          (ii) a product that contains alcohol derived from:
1128          (A) spirituous liquor; or
1129          (B) wine; or
1130          (iii) a product that contains an additive masking or altering a physiological effect of
1131     alcohol, including kratom, kava, cannabidiol, or natural or synthetic tetrahydrocannabinol.
1132          (12) "Beer-only restaurant license" means a license issued in accordance with Chapter
1133     5, Retail License Act, and Chapter 6, Part 9, Beer-Only Restaurant License.
1134          (13) "Beer retailer" means a business that:
1135          (a) is engaged, primarily or incidentally, in the retail sale of beer to a patron, whether
1136     for consumption on or off the business premises; and
1137          (b) is licensed as:
1138          (i) an off-premise beer retailer, in accordance with Chapter 7, Part 2, Off-Premise Beer
1139     Retailer Local Authority; or
1140          (ii) an on-premise beer retailer, in accordance with Chapter 5, Retail License Act, and
1141     Chapter 6, Part 7, On-Premise Beer Retailer License.
1142          (14) "Beer wholesaling license" means a license:
1143          (a) issued in accordance with Chapter 13, Beer Wholesaling License Act; and
1144          (b) to import for sale, or sell beer in wholesale or jobbing quantities to one or more
1145     retail licensees or off-premise beer retailers.
1146          (15) "Billboard" means a public display used to advertise, including:
1147          (a) a light device;
1148          (b) a painting;
1149          (c) a drawing;

1150          (d) a poster;
1151          (e) a sign;
1152          (f) a signboard; or
1153          (g) a scoreboard.
1154          (16) "Brewer" means a person engaged in manufacturing:
1155          (a) beer;
1156          (b) heavy beer; or
1157          (c) a flavored malt beverage.
1158          (17) "Brewery manufacturing license" means a license issued in accordance with
1159     Chapter 11, Part 5, Brewery Manufacturing License.
1160          (18) "Certificate of approval" means a certificate of approval obtained from the
1161     department under Section 32B-11-201.
1162          (19) "Chartered bus" means a passenger bus, coach, or other motor vehicle provided by
1163     a bus company to a group of persons pursuant to a common purpose:
1164          (a) under a single contract;
1165          (b) at a fixed charge in accordance with the bus company's tariff; and
1166          (c) to give the group of persons the exclusive use of the passenger bus, coach, or other
1167     motor vehicle, and a driver to travel together to one or more specified destinations.
1168          (20) "Church" means a building:
1169          (a) set apart for worship;
1170          (b) in which religious services are held;
1171          (c) with which clergy is associated; and
1172          (d) that is tax exempt under the laws of this state.
1173          (21) "Commission" means the Alcoholic Beverage Services Commission created in
1174     Section 32B-2-201.
1175          (22) "Commissioner" means a member of the commission.
1176          (23) "Community location" means:
1177          (a) a public or private school;

1178          (b) a church;
1179          (c) a public library;
1180          (d) a public playground; or
1181          (e) a public park.
1182          (24) "Community location governing authority" means:
1183          (a) the governing body of the community location; or
1184          (b) if the commission does not know who is the governing body of a community
1185     location, a person who appears to the commission to have been given on behalf of the
1186     community location the authority to prohibit an activity at the community location.
1187          (25) "Container" means a receptacle that contains an alcoholic product, including:
1188          (a) a bottle;
1189          (b) a vessel; or
1190          (c) a similar item.
1191          (26) "Controlled group of manufacturers" means as the commission defines by rule
1192     made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
1193          (27) "Convention center" means a facility that is:
1194          (a) in total at least 30,000 square feet; and
1195          (b) otherwise defined as a "convention center" by the commission by rule.
1196          (28) (a) "Counter" means a surface or structure in a dining area of a licensed premises
1197     where seating is provided to a patron for service of food.
1198          (b) "Counter" does not include a dispensing structure.
1199          (29) "Crime involving moral turpitude" is as defined by the commission by rule.
1200          (30) "Department" means the Department of Alcoholic Beverage Services created in
1201     Section 32B-2-203.
1202          (31) "Department compliance officer" means an individual who is:
1203          (a) an auditor or inspector; and
1204          (b) employed by the department.
1205          (32) "Department sample" means liquor that is placed in the possession of the

1206     department for testing, analysis, and sampling.
1207          (33) "Dining club license" means a license issued in accordance with Chapter 5, Retail
1208     License Act, and Chapter 6, Part 4, Bar Establishment License, that is designated by the
1209     commission as a dining club license.
1210          (34) "Director," unless the context requires otherwise, means the director of the
1211     department.
1212          (35) "Disciplinary proceeding" means an adjudicative proceeding permitted under this
1213     title:
1214          (a) against a person subject to administrative action; and
1215          (b) that is brought on the basis of a violation of this title.
1216          (36) (a) Subject to Subsection (36)(b), "dispense" means:
1217          (i) drawing an alcoholic product; and
1218          (ii) using the alcoholic product at the location from which it was drawn to mix or
1219     prepare an alcoholic product to be furnished to a patron of the retail licensee.
1220          (b) The definition of "dispense" in this Subsection (36) applies only to:
1221          (i) a full-service restaurant license;
1222          (ii) a limited-service restaurant license;
1223          (iii) a reception center license;
1224          (iv) a beer-only restaurant license;
1225          (v) a bar license;
1226          (vi) an on-premise beer retailer;
1227          (vii) an airport lounge license;
1228          (viii) an on-premise banquet license; and
1229          (ix) a hospitality amenity license.
1230          (37) "Dispensing structure" means a surface or structure on a licensed premises:
1231          (a) where an alcoholic product is dispensed; or
1232          (b) from which an alcoholic product is served.
1233          (38) "Distillery manufacturing license" means a license issued in accordance with

1234     Chapter 11, Part 4, Distillery Manufacturing License.
1235          (39) "Distressed merchandise" means an alcoholic product in the possession of the
1236     department that is saleable, but for some reason is unappealing to the public.
1237          (40) "Equity license" means a license issued in accordance with Chapter 5, Retail
1238     License Act, and Chapter 6, Part 4, Bar Establishment License, that is designated by the
1239     commission as an equity license.
1240          (41) "Event permit" means:
1241          (a) a single event permit; or
1242          (b) a temporary beer event permit.
1243          (42) "Exempt license" means a license exempt under Section 32B-1-201 from being
1244     considered in determining the total number of retail licenses that the commission may issue at
1245     any time.
1246          (43) (a) "Flavored malt beverage" means a beverage:
1247          (i) that contains at least .5% alcohol by volume;
1248          (ii) for which the producer is required to file a formula for approval with the federal
1249     Alcohol and Tobacco Tax and Trade Bureau under 27 C.F.R. Sec. 25.55 because the beverage
1250     is treated by processing, filtration, or another method of manufacture that is not generally
1251     recognized as a traditional process in the production of a beer, ale, porter, stout, lager, or malt
1252     liquor; and
1253          (iii) for which the producer is required to file a formula for approval with the federal
1254     Alcohol and Tobacco Tax and Trade Bureau under 27 C.F.R. Sec. 25.55 because the beverage
1255     includes an ingredient containing alcohol.
1256          (b) "Flavored malt beverage" is considered liquor for purposes of this title.
1257          (44) "Fraternal license" means a license issued in accordance with Chapter 5, Retail
1258     License Act, and Chapter 6, Part 4, Bar Establishment License, that is designated by the
1259     commission as a fraternal license.
1260          (45) "Full-service restaurant license" means a license issued in accordance with
1261     Chapter 5, Retail License Act, and Chapter 6, Part 2, Full-Service Restaurant License.

1262          (46) (a) "Furnish" means by any means to provide with, supply, or give an individual
1263     an alcoholic product, by sale or otherwise.
1264          (b) "Furnish" includes to:
1265          (i) serve;
1266          (ii) deliver; or
1267          (iii) otherwise make available.
1268          (47) "Guest" means an individual who meets the requirements of Subsection
1269     32B-6-407(9).
1270          (48) "Hard cider" means the same as that term is defined in 26 U.S.C. Sec. 5041.
1271          (49) "Health care practitioner" means:
1272          (a) a podiatrist licensed under Title 58, Chapter 5a, Podiatric Physician Licensing Act;
1273          (b) an optometrist licensed under Title 58, Chapter 16a, Utah Optometry Practice Act;
1274          (c) a pharmacist licensed under Title 58, Chapter 17b, Pharmacy Practice Act;
1275          (d) a physical therapist licensed under Title 58, Chapter 24b, Physical Therapy Practice
1276     Act;
1277          (e) a nurse or advanced practice registered nurse licensed under Title 58, Chapter 31b,
1278     Nurse Practice Act;
1279          (f) a recreational therapist licensed under Title 58, Chapter 40, Recreational Therapy
1280     Practice Act;
1281          (g) an occupational therapist licensed under Title 58, Chapter 42a, Occupational
1282     Therapy Practice Act;
1283          (h) a nurse midwife licensed under Title 58, Chapter 44a, Nurse Midwife Practice Act;
1284          (i) a mental health professional licensed under Title 58, Chapter 60, Mental Health
1285     Professional Practice Act;
1286          (j) a physician licensed under Title 58, Chapter 67, Utah Medical Practice Act;
1287          (k) an osteopath licensed under Title 58, Chapter 68, Utah Osteopathic Medical
1288     Practice Act;
1289          (l) a dentist or dental hygienist licensed under Title 58, Chapter 69, Dentist and Dental

1290     Hygienist Practice Act; and
1291          (m) a physician assistant licensed under Title 58, Chapter 70a, Utah Physician
1292     Assistant Act.
1293          (50) (a) "Heavy beer" means a product that:
1294          (i) contains more than 5% alcohol by volume; and
1295          (ii) is obtained by fermentation, infusion, or decoction of:
1296          (A) malt; or
1297          (B) a malt substitute.
1298          (b) "Heavy beer" is considered liquor for the purposes of this title.
1299          (51) "Hospitality amenity license" means a license issued in accordance with Chapter
1300     5, Retail License Act, and Chapter 6, Part 10, Hospitality Amenity License.
1301          (52) (a) "Hotel" means a commercial lodging establishment that:
1302          (i) offers at least 40 rooms as temporary sleeping accommodations for compensation;
1303          (ii) is capable of hosting conventions, conferences, and food and beverage functions
1304     under a banquet contract; and
1305          (iii) (A) has adequate kitchen or culinary facilities on the premises to provide complete
1306     meals;
1307          (B) has at least 1,000 square feet of function space consisting of meeting or dining
1308     rooms that can be reserved for a banquet and can accommodate at least 75 individuals; or
1309          (C) if the establishment is located in a small or unincorporated locality, has an
1310     appropriate amount of function space consisting of meeting or dining rooms that can be
1311     reserved for private use under a banquet contract, as determined by the commission.
1312          (b) "Hotel" includes a commercial lodging establishment that:
1313          (i) meets the requirements under Subsection (52)(a); and
1314          (ii) has one or more privately owned dwelling units.
1315          (53) "Hotel license" means a license issued in accordance with Chapter 5, Retail
1316     License Act, and Chapter 8b, Hotel License Act.
1317          (54) "Identification card" means an identification card issued under Title 53, Chapter 3,

1318     Part 8, Identification Card Act.
1319          (55) "Industry representative" means an individual who is compensated by salary,
1320     commission, or other means for representing and selling an alcoholic product of a
1321     manufacturer, supplier, or importer of liquor.
1322          (56) "Industry representative sample" means liquor that is placed in the possession of
1323     the department for testing, analysis, and sampling by a local industry representative on the
1324     premises of the department to educate the local industry representative of the quality and
1325     characteristics of the product.
1326          (57) "Interdicted person" means a person to whom the sale, offer for sale, or furnishing
1327     of an alcoholic product is prohibited by:
1328          (a) law; or
1329          (b) court order.
1330          (58) "International airport" means an airport:
1331          (a) with a United States Customs and Border Protection office on the premises of the
1332     airport; and
1333          (b) at which international flights may enter and depart.
1334          (59) "Intoxicated" means that a person:
1335          (a) is significantly impaired as to the person's mental or physical functions as a result of
1336     the use of:
1337          (i) an alcoholic product;
1338          (ii) a controlled substance;
1339          (iii) a substance having the property of releasing toxic vapors; or
1340          (iv) a combination of Subsections (59)(a)(i) through (iii); and
1341          (b) exhibits plain and easily observed outward manifestations of behavior or physical
1342     signs produced by the overconsumption of an alcoholic product.
1343          (60) "Investigator" means an individual who is:
1344          (a) a department compliance officer; or
1345          (b) a nondepartment enforcement officer.

1346          (61) "License" means:
1347          (a) a retail license;
1348          (b) a sublicense;
1349          (c) a license issued in accordance with Chapter 7, Part 4, Off-Premise Beer Retailer
1350     State License;
1351          (d) a license issued in accordance with Chapter 11, Manufacturing and Related
1352     Licenses Act;
1353          (e) a license issued in accordance with Chapter 12, Liquor Warehousing License Act;
1354          (f) a license issued in accordance with Chapter 13, Beer Wholesaling License Act; or
1355          (g) a license issued in accordance with Chapter 17, Liquor Transport License Act.
1356          (62) "Licensee" means a person who holds a license.
1357          (63) "Limited-service restaurant license" means a license issued in accordance with
1358     Chapter 5, Retail License Act, and Chapter 6, Part 3, Limited-Service Restaurant License.
1359          (64) "Limousine" means a motor vehicle licensed by the state or a local authority, other
1360     than a bus or taxicab:
1361          (a) in which the driver and a passenger are separated by a partition, glass, or other
1362     barrier;
1363          (b) that is provided by a business entity to one or more individuals at a fixed charge in
1364     accordance with the business entity's tariff; and
1365          (c) to give the one or more individuals the exclusive use of the limousine and a driver
1366     to travel to one or more specified destinations.
1367          (65) (a) (i) "Liquor" means a liquid that:
1368          (A) is:
1369          (I) alcohol;
1370          (II) an alcoholic, spirituous, vinous, fermented, malt, or other liquid;
1371          (III) a combination of liquids a part of which is spirituous, vinous, or fermented; or
1372          (IV) other drink or drinkable liquid; and
1373          (B) (I) contains at least .5% alcohol by volume; and

1374          (II) is suitable to use for beverage purposes.
1375          (ii) "Liquor" includes:
1376          (A) heavy beer;
1377          (B) wine; and
1378          (C) a flavored malt beverage.
1379          (b) "Liquor" does not include beer.
1380          (66) "Liquor Control Fund" means the enterprise fund created by Section 32B-2-301.
1381          (67) "Liquor transport license" means a license issued in accordance with Chapter 17,
1382     Liquor Transport License Act.
1383          (68) "Liquor warehousing license" means a license that is issued:
1384          (a) in accordance with Chapter 12, Liquor Warehousing License Act; and
1385          (b) to a person, other than a licensed manufacturer, who engages in the importation for
1386     storage, sale, or distribution of liquor regardless of amount.
1387          (69) "Local authority" means:
1388          (a) for premises that are located in an unincorporated area of a county, the governing
1389     body of a county;
1390          (b) for premises that are located in an incorporated city, town, or metro township, the
1391     governing body of the city, town, or metro township; or
1392          (c) for premises that are located in a project area as defined in Section 63H-1-102 and
1393     in a project area plan adopted by the Military Installation Development Authority under Title
1394     63H, Chapter 1, Military Installation Development Authority Act, the Military Installation
1395     Development Authority.
1396          (70) "Lounge or bar area" is as defined by rule made by the commission.
1397          (71) "Malt substitute" means:
1398          (a) rice;
1399          (b) grain;
1400          (c) bran;
1401          (d) glucose;

1402          (e) sugar; or
1403          (f) molasses.
1404          (72) "Manufacture" means to distill, brew, rectify, mix, compound, process, ferment, or
1405     otherwise make an alcoholic product for personal use or for sale or distribution to others.
1406          (73) "Member" means an individual who, after paying regular dues, has full privileges
1407     in an equity licensee or fraternal licensee.
1408          (74) (a) "Military installation" means a base, air field, camp, post, station, yard, center,
1409     or homeport facility for a ship:
1410          (i) (A) under the control of the United States Department of Defense; or
1411          (B) of the National Guard;
1412          (ii) that is located within the state; and
1413          (iii) including a leased facility.
1414          (b) "Military installation" does not include a facility used primarily for:
1415          (i) civil works;
1416          (ii) a rivers and harbors project; or
1417          (iii) a flood control project.
1418          (75) "Minibar" means an area of a hotel guest room where one or more alcoholic
1419     products are kept and offered for self-service sale or consumption.
1420          (76) "Minor" means an individual under 21 years old.
1421          (77) "Nondepartment enforcement agency" means an agency that:
1422          (a) (i) is a state agency other than the department; or
1423          (ii) is an agency of a county, city, town, or metro township; and
1424          (b) has a responsibility to enforce one or more provisions of this title.
1425          (78) "Nondepartment enforcement officer" means an individual who is:
1426          (a) a peace officer, examiner, or investigator; and
1427          (b) employed by a nondepartment enforcement agency.
1428          (79) (a) "Off-premise beer retailer" means a beer retailer who is:
1429          (i) licensed in accordance with Chapter 7, Off-Premise Beer Retailer Act; and

1430          (ii) engaged in the retail sale of beer to a patron for consumption off the beer retailer's
1431     premises.
1432          (b) "Off-premise beer retailer" does not include an on-premise beer retailer.
1433          (80) "Off-premise beer retailer state license" means a state license issued in accordance
1434     with Chapter 7, Part 4, Off-Premise Beer Retailer State License.
1435          (81) "On-premise banquet license" means a license issued in accordance with Chapter
1436     5, Retail License Act, and Chapter 6, Part 6, On-Premise Banquet License.
1437          (82) "On-premise beer retailer" means a beer retailer who is:
1438          (a) authorized to sell, offer for sale, or furnish beer under a license issued in
1439     accordance with Chapter 5, Retail License Act, and Chapter 6, Part 7, On-Premise Beer
1440     Retailer License; and
1441          (b) engaged in the sale of beer to a patron for consumption on the beer retailer's
1442     premises:
1443          (i) regardless of whether the beer retailer sells beer for consumption off the licensed
1444     premises; and
1445          (ii) on and after March 1, 2012, operating:
1446          (A) as a tavern; or
1447          (B) in a manner that meets the requirements of Subsection 32B-6-703(2)(e)(i).
1448          (83) "Opaque" means impenetrable to sight.
1449          (84) "Package agency" means a retail liquor location operated:
1450          (a) under an agreement with the department; and
1451          (b) by a person:
1452          (i) other than the state; and
1453          (ii) who is authorized by the commission in accordance with Chapter 2, Part 6, Package
1454     Agency, to sell packaged liquor for consumption off the premises of the package agency.
1455          (85) "Package agent" means a person who holds a package agency.
1456          (86) "Patron" means an individual to whom food, beverages, or services are sold,
1457     offered for sale, or furnished, or who consumes an alcoholic product including:

1458          (a) a customer;
1459          (b) a member;
1460          (c) a guest;
1461          (d) an attendee of a banquet or event;
1462          (e) an individual who receives room service;
1463          (f) a resident of a resort; or
1464          (g) a hospitality guest, as defined in Section 32B-6-1002, under a hospitality amenity
1465     license.
1466          (87) (a) "Performing arts facility" means a multi-use performance space that:
1467          (i) is primarily used to present various types of performing arts, including dance,
1468     music, and theater;
1469          (ii) contains over 2,500 seats;
1470          (iii) is owned and operated by a governmental entity; and
1471          (iv) is located in a city of the first class.
1472          (b) "Performing arts facility" does not include a space that is used to present sporting
1473     events or sporting competitions.
1474          (88) "Permittee" means a person issued a permit under:
1475          (a) Chapter 9, Event Permit Act; or
1476          (b) Chapter 10, Special Use Permit Act.
1477          (89) "Person subject to administrative action" means:
1478          (a) a licensee;
1479          (b) a permittee;
1480          (c) a manufacturer;
1481          (d) a supplier;
1482          (e) an importer;
1483          (f) one of the following holding a certificate of approval:
1484          (i) an out-of-state brewer;
1485          (ii) an out-of-state importer of beer, heavy beer, or flavored malt beverages; or

1486          (iii) an out-of-state supplier of beer, heavy beer, or flavored malt beverages; or
1487          (g) staff of:
1488          (i) a person listed in Subsections (89)(a) through (f); or
1489          (ii) a package agent.
1490          (90) "Premises" means a building, enclosure, or room used in connection with the
1491     storage, sale, furnishing, consumption, manufacture, or distribution, of an alcoholic product,
1492     unless otherwise defined in this title or rules made by the commission.
1493          (91) "Prescription" means an order issued by a health care practitioner when:
1494          (a) the health care practitioner is licensed under Title 58, Occupations and Professions,
1495     to prescribe a controlled substance, other drug, or device for medicinal purposes;
1496          (b) the order is made in the course of that health care practitioner's professional
1497     practice; and
1498          (c) the order is made for obtaining an alcoholic product for medicinal purposes only.
1499          (92) (a) "Primary spirituous liquor" means the main distilled spirit in a beverage.
1500          (b) "Primary spirituous liquor" does not include a secondary flavoring ingredient.
1501          (93) "Principal license" means:
1502          (a) a resort license;
1503          (b) a hotel license; or
1504          (c) an arena license.
1505          (94) (a) "Private event" means a specific social, business, or recreational event:
1506          (i) for which an entire room, area, or hall is leased or rented in advance by an identified
1507     group; and
1508          (ii) that is limited in attendance to people who are specifically designated and their
1509     guests.
1510          (b) "Private event" does not include an event to which the general public is invited,
1511     whether for an admission fee or not.
1512          (95) "Privately sponsored event" means a specific social, business, or recreational
1513     event:

1514          (a) that is held in or on the premises of an on-premise banquet licensee; and
1515          (b) to which entry is restricted by an admission fee.
1516          (96) (a) "Proof of age" means:
1517          (i) an identification card;
1518          (ii) an identification that:
1519          (A) is substantially similar to an identification card;
1520          (B) is issued in accordance with the laws of a state other than Utah in which the
1521     identification is issued;
1522          (C) includes date of birth; and
1523          (D) has a picture affixed;
1524          (iii) a valid driver license certificate that:
1525          (A) includes date of birth;
1526          (B) has a picture affixed; and
1527          (C) is issued:
1528          (I) under Title 53, Chapter 3, Uniform Driver License Act;
1529          (II) in accordance with the laws of the state in which it is issued; or
1530          (III) in accordance with federal law by the United States Department of State;
1531          (iv) a military identification card that:
1532          (A) includes date of birth; and
1533          (B) has a picture affixed; or
1534          (v) a valid passport.
1535          (b) "Proof of age" does not include a driving privilege card issued in accordance with
1536     Section 53-3-207.
1537          (97) "Provisions applicable to a sublicense" means:
1538          (a) for a full-service restaurant sublicense, the provisions applicable to a full-service
1539     restaurant license under Chapter 6, Part 2, Full-Service Restaurant License;
1540          (b) for a limited-service restaurant sublicense, the provisions applicable to a
1541     limited-service restaurant license under Chapter 6, Part 3, Limited-Service Restaurant License;

1542          (c) for a bar establishment sublicense, the provisions applicable to a bar establishment
1543     license under Chapter 6, Part 4, Bar Establishment License;
1544          (d) for an on-premise banquet sublicense, the provisions applicable to an on-premise
1545     banquet license under Chapter 6, Part 6, On-Premise Banquet License;
1546          (e) for an on-premise beer retailer sublicense, the provisions applicable to an
1547     on-premise beer retailer license under Chapter 6, Part 7, On-Premise Beer Retailer License;
1548          (f) for a beer-only restaurant sublicense, the provisions applicable to a beer-only
1549     restaurant license under Chapter 6, Part 9, Beer-Only Restaurant License;
1550          (g) for a hospitality amenity license, the provisions applicable to a hospitality amenity
1551     license under Chapter 6, Part 10, Hospitality Amenity License; and
1552          (h) for a spa sublicense, the provisions applicable to the sublicense under Chapter 8d,
1553     Part 2, Spa Sublicense.
1554          (98) (a) "Public building" means a building or permanent structure that is:
1555          (i) owned or leased by:
1556          (A) the state; or
1557          (B) a local government entity; and
1558          (ii) used for:
1559          (A) public education;
1560          (B) transacting public business; or
1561          (C) regularly conducting government activities.
1562          (b) "Public building" does not include a building owned by the state or a local
1563     government entity when the building is used by a person, in whole or in part, for a proprietary
1564     function.
1565          (99) "Public conveyance" means a conveyance that the public or a portion of the public
1566     has access to and a right to use for transportation, including an airline, railroad, bus, boat, or
1567     other public conveyance.
1568          (100) "Reception center" means a business that:
1569          (a) operates facilities that are at least 5,000 square feet; and

1570          (b) has as its primary purpose the leasing of the facilities described in Subsection
1571     (100)(a) to a third party for the third party's event.
1572          (101) "Reception center license" means a license issued in accordance with Chapter 5,
1573     Retail License Act, and Chapter 6, Part 8, Reception Center License.
1574          (102) (a) "Record" means information that is:
1575          (i) inscribed on a tangible medium; or
1576          (ii) stored in an electronic or other medium and is retrievable in a perceivable form.
1577          (b) "Record" includes:
1578          (i) a book;
1579          (ii) a book of account;
1580          (iii) a paper;
1581          (iv) a contract;
1582          (v) an agreement;
1583          (vi) a document; or
1584          (vii) a recording in any medium.
1585          (103) "Residence" means a person's principal place of abode within Utah.
1586          (104) "Resident," in relation to a resort, means the same as that term is defined in
1587     Section 32B-8-102.
1588          (105) "Resort" means the same as that term is defined in Section 32B-8-102.
1589          (106) "Resort facility" is as defined by the commission by rule.
1590          (107) "Resort license" means a license issued in accordance with Chapter 5, Retail
1591     License Act, and Chapter 8, Resort License Act.
1592          (108) "Responsible alcohol service plan" means a written set of policies and
1593     procedures that outlines measures to prevent employees from:
1594          (a) over-serving alcoholic beverages to customers;
1595          (b) serving alcoholic beverages to customers who are actually, apparently, or obviously
1596     intoxicated; and
1597          (c) serving alcoholic beverages to minors.

1598          (109) "Restaurant" means a business location:
1599          (a) at which a variety of foods are prepared;
1600          (b) at which complete meals are served; and
1601          (c) that is engaged primarily in serving meals.
1602          (110) "Restaurant license" means one of the following licenses issued under this title:
1603          (a) a full-service restaurant license;
1604          (b) a limited-service restaurant license; or
1605          (c) a beer-only restaurant license.
1606          (111) "Retail license" means one of the following licenses issued under this title:
1607          (a) a full-service restaurant license;
1608          (b) a master full-service restaurant license;
1609          (c) a limited-service restaurant license;
1610          (d) a master limited-service restaurant license;
1611          (e) a bar establishment license;
1612          (f) an airport lounge license;
1613          (g) an on-premise banquet license;
1614          (h) an on-premise beer license;
1615          (i) a reception center license;
1616          (j) a beer-only restaurant license;
1617          (k) a hospitality amenity license;
1618          (l) a resort license;
1619          (m) a hotel license; or
1620          (n) an arena license.
1621          (112) "Room service" means furnishing an alcoholic product to a person in a guest
1622     room or privately owned dwelling unit of a:
1623          (a) hotel; or
1624          (b) resort facility.
1625          (113) (a) "School" means a building in which any part is used for more than three

1626     hours each weekday during a school year as a public or private:
1627          (i) elementary school;
1628          (ii) secondary school; or
1629          (iii) kindergarten.
1630          (b) "School" does not include:
1631          (i) a nursery school;
1632          (ii) a day care center;
1633          (iii) a trade and technical school;
1634          (iv) a preschool; or
1635          (v) a home school.
1636          (114) "Secondary flavoring ingredient" means any spirituous liquor added to a
1637     beverage for additional flavoring that is different in type, flavor, or brand from the primary
1638     spirituous liquor in the beverage.
1639          (115) "Sell" or "offer for sale" means a transaction, exchange, or barter whereby, for
1640     consideration, an alcoholic product is either directly or indirectly transferred, solicited, ordered,
1641     delivered for value, or by a means or under a pretext is promised or obtained, whether done by
1642     a person as a principal, proprietor, or as staff, unless otherwise defined in this title or the rules
1643     made by the commission.
1644          (116) "Serve" means to place an alcoholic product before an individual.
1645          (117) "Sexually oriented entertainer" means a person who while in a state of
1646     seminudity appears at or performs:
1647          (a) for the entertainment of one or more patrons;
1648          (b) on the premises of:
1649          (i) a bar licensee; or
1650          (ii) a tavern;
1651          (c) on behalf of or at the request of the licensee described in Subsection (117)(b);
1652          (d) on a contractual or voluntary basis; and
1653          (e) whether or not the person is designated as:

1654          (i) an employee;
1655          (ii) an independent contractor;
1656          (iii) an agent of the licensee; or
1657          (iv) a different type of classification.
1658          (118) "Shared seating area" means the licensed premises of two or more restaurant
1659     licensees that the restaurant licensees share as an area for alcoholic beverage consumption in
1660     accordance with Subsection 32B-5-207(3).
1661          (119) "Single event permit" means a permit issued in accordance with Chapter 9, Part
1662     3, Single Event Permit.
1663          (120) "Small brewer" means a brewer who manufactures less than 60,000 barrels of
1664     beer, heavy beer, and flavored malt beverage per year, as the department calculates by:
1665          (a) if the brewer is part of a controlled group of manufacturers, including the combined
1666     volume totals of production for all breweries that constitute the controlled group of
1667     manufacturers; and
1668          (b) excluding beer, heavy beer, or flavored malt beverage the brewer:
1669          (i) manufactures that is unfit for consumption as, or in, a beverage, as the commission
1670     determines by rule made in accordance with Title 63G, Chapter 3, Utah Administrative
1671     Rulemaking Act; and
1672          (ii) does not sell for consumption as, or in, a beverage.
1673          (121) "Small or unincorporated locality" means:
1674          (a) a city of the third, fourth, or fifth class, as classified under Section 10-2-301;
1675          (b) a town, as classified under Section 10-2-301; or
1676          (c) an unincorporated area in a county of the third, fourth, or fifth class, as classified
1677     under Section 17-50-501.
1678          (122) "Spa sublicense" means a sublicense:
1679          (a) to a resort license or hotel license; and
1680          (b) that the commission issues in accordance with Chapter 8d, Part 2, Spa Sublicense.
1681          (123) "Special use permit" means a permit issued in accordance with Chapter 10,

1682     Special Use Permit Act.
1683          (124) (a) "Spirituous liquor" means liquor that is distilled.
1684          (b) "Spirituous liquor" includes an alcoholic product defined as a "distilled spirit" by
1685     27 U.S.C. Sec. 211 and 27 C.F.R. Sec. 5.11 through 5.23.
1686          (125) "Sports center" is as defined by the commission by rule.
1687          (126) (a) "Staff" means an individual who engages in activity governed by this title:
1688          (i) on behalf of a business, including a package agent, licensee, permittee, or certificate
1689     holder;
1690          (ii) at the request of the business, including a package agent, licensee, permittee, or
1691     certificate holder; or
1692          (iii) under the authority of the business, including a package agent, licensee, permittee,
1693     or certificate holder.
1694          (b) "Staff" includes:
1695          (i) an officer;
1696          (ii) a director;
1697          (iii) an employee;
1698          (iv) personnel management;
1699          (v) an agent of the licensee, including a managing agent;
1700          (vi) an operator; or
1701          (vii) a representative.
1702          (127) "State of nudity" means:
1703          (a) the appearance of:
1704          (i) the nipple or areola of a female human breast;
1705          (ii) a human genital;
1706          (iii) a human pubic area; or
1707          (iv) a human anus; or
1708          (b) a state of dress that fails to opaquely cover:
1709          (i) the nipple or areola of a female human breast;

1710          (ii) a human genital;
1711          (iii) a human pubic area; or
1712          (iv) a human anus.
1713          (128) "State of seminudity" means a state of dress in which opaque clothing covers no
1714     more than:
1715          (a) the nipple and areola of the female human breast in a shape and color other than the
1716     natural shape and color of the nipple and areola; and
1717          (b) the human genitals, pubic area, and anus:
1718          (i) with no less than the following at its widest point:
1719          (A) four inches coverage width in the front of the human body; and
1720          (B) five inches coverage width in the back of the human body; and
1721          (ii) with coverage that does not taper to less than one inch wide at the narrowest point.
1722          (129) (a) "State store" means a facility for the sale of packaged liquor:
1723          (i) located on premises owned or leased by the state; and
1724          (ii) operated by a state employee.
1725          (b) "State store" does not include:
1726          (i) a package agency;
1727          (ii) a licensee; or
1728          (iii) a permittee.
1729          (130) (a) "Storage area" means an area on licensed premises where the licensee stores
1730     an alcoholic product.
1731          (b) "Store" means to place or maintain in a location an alcoholic product.
1732          (131) "Sublicense" means:
1733          (a) any of the following licenses issued as a subordinate license to, and contingent on
1734     the issuance of, a principal license:
1735          (i) a full-service restaurant license;
1736          (ii) a limited-service restaurant license;
1737          (iii) a bar establishment license;

1738          (iv) an on-premise banquet license;
1739          (v) an on-premise beer retailer license;
1740          (vi) a beer-only restaurant license; or
1741          (vii) a hospitality amenity license; or
1742          (b) a spa sublicense.
1743          (132) "Supplier" means a person who sells an alcoholic product to the department.
1744          (133) "Tavern" means an on-premise beer retailer who is:
1745          (a) issued a license by the commission in accordance with Chapter 5, Retail License
1746     Act, and Chapter 6, Part 7, On-Premise Beer Retailer License; and
1747          (b) designated by the commission as a tavern in accordance with Chapter 6, Part 7,
1748     On-Premise Beer Retailer License.
1749          (134) "Temporary beer event permit" means a permit issued in accordance with
1750     Chapter 9, Part 4, Temporary Beer Event Permit.
1751          (135) "Temporary domicile" means the principal place of abode within Utah of a
1752     person who does not have a present intention to continue residency within Utah permanently or
1753     indefinitely.
1754          (136) "Translucent" means a substance that allows light to pass through, but does not
1755     allow an object or person to be seen through the substance.
1756          (137) "Unsaleable liquor merchandise" means a container that:
1757          (a) is unsaleable because the container is:
1758          (i) unlabeled;
1759          (ii) leaky;
1760          (iii) damaged;
1761          (iv) difficult to open; or
1762          (v) partly filled;
1763          (b) (i) has faded labels or defective caps or corks;
1764          (ii) has contents that are:
1765          (A) cloudy;

1766          (B) spoiled; or
1767          (C) chemically determined to be impure; or
1768          (iii) contains:
1769          (A) sediment; or
1770          (B) a foreign substance; or
1771          (c) is otherwise considered by the department as unfit for sale.
1772          (138) (a) "Wine" means an alcoholic product obtained by the fermentation of the
1773     natural sugar content of fruits, plants, honey, or milk, or other like substance, whether or not
1774     another ingredient is added.
1775          (b) "Wine" includes:
1776          (i) an alcoholic beverage defined as wine under 27 U.S.C. Sec. 211 and 27 C.F.R. Sec.
1777     4.10; and
1778          (ii) hard cider.
1779          (c) "Wine" is considered liquor for purposes of this title, except as otherwise provided
1780     in this title.
1781          (139) "Winery manufacturing license" means a license issued in accordance with
1782     Chapter 11, Part 3, Winery Manufacturing License.
1783          Section 18. Section 32B-1-703 is amended to read:
1784          32B-1-703. Alcohol training and education for off-premise consumption.
1785          (1) (a) A local authority that issues an off-premise beer retailer license to a business to
1786     sell beer at retail for off-premise consumption shall require the following to have a valid record
1787     that the individual completed an alcohol training and education seminar in the time periods
1788     required by Subsection (1)(b):
1789          (i) an off-premise retail manager; or
1790          (ii) off-premise retail staff.
1791          (b) If an individual on the date the individual becomes staff to an off-premise beer
1792     retailer does not have a valid record that the individual has completed an alcohol training and
1793     education seminar for purposes of this part, the individual shall complete an alcohol training

1794     and education seminar within 30 days of the day on which the individual becomes staff of an
1795     off-premise beer retailer.
1796          (c) Section [62A-15-401] 26B-5-205 governs the validity of a record that an individual
1797     has completed an alcohol training and education seminar required by this part.
1798          (2) In accordance with Section 32B-1-702, a local authority may immediately suspend
1799     the license of an off-premise beer retailer that allows an individual to work as an off-premise
1800     retail manager without having a valid record that the individual completed an alcohol training
1801     and education seminar in accordance with Subsection (1).
1802          Section 19. Section 32B-2-208 is amended to read:
1803          32B-2-208. Services of State Health Laboratory.
1804          The State Health Laboratory shall make its services available to the department when
1805     necessary. The department shall pay for the services from the Liquor Control Fund to the
1806     Department of Health and Human Services.
1807          Section 20. Section 32B-10-702 is amended to read:
1808          32B-10-702. Definitions.
1809          As used in this part, "health care facility" means a facility that is licensed by the
1810     Department of Health and Human Services under [Title 26, Chapter 21, Health Care Facility
1811     Licensing and Inspection Act] Title 26B, Chapter 2, Part 2, Health Care Facility Licensing and
1812     Inspection.
1813          Section 21. Section 34-55-102 is amended to read:
1814          34-55-102. Definitions.
1815          (1) "Emergency" means a condition in any part of this state that requires state
1816     government emergency assistance to supplement the local efforts of the affected political
1817     subdivision to save lives and to protect property, public health, welfare, or safety in the event
1818     of a disaster, or to avoid or reduce the threat of a disaster.
1819          (2) "Emergency services volunteer" means:
1820          (a) a volunteer firefighter as defined in Section 49-16-102;
1821          (b) an individual licensed under Section [26-8a-302] 26B-4-116; or

1822          (c) an individual mobilized as part of a posse comitatus.
1823          (3) "Employer" means a person, including the state or a political subdivision of the
1824     state, that has one or more workers employed in the same business, or in or about the same
1825     establishment, under any contract of hire, express or implied, oral or written.
1826          (4) "Public safety agency" means a governmental entity that provides fire protection,
1827     law enforcement, ambulance, medical, or other emergency services.
1828          Section 22. Section 34A-2-102 is amended to read:
1829          34A-2-102. Definitions.
1830          (1) As used in this chapter:
1831          (a) "Average weekly wages" means the average weekly wages as determined under
1832     Section 34A-2-409.
1833          (b) "Award" means a final order of the commission as to the amount of compensation
1834     due:
1835          (i) an injured employee; or
1836          (ii) a dependent of a deceased employee.
1837          (c) "Compensation" means the payments and benefits provided for in this chapter or
1838     Chapter 3, Utah Occupational Disease Act.
1839          (d) (i) "Decision" means a ruling of:
1840          (A) an administrative law judge; or
1841          (B) in accordance with Section 34A-2-801:
1842          (I) the commissioner; or
1843          (II) the Appeals Board.
1844          (ii) "Decision" includes:
1845          (A) an award or denial of a medical, disability, death, or other related benefit under this
1846     chapter or Chapter 3, Utah Occupational Disease Act; or
1847          (B) another adjudicative ruling in accordance with this chapter or Chapter 3, Utah
1848     Occupational Disease Act.
1849          (e) "Director" means the director of the division, unless the context requires otherwise.

1850          (f) "Disability" means an administrative determination that may result in an entitlement
1851     to compensation as a consequence of becoming medically impaired as to function. Disability
1852     can be total or partial, temporary or permanent, industrial or nonindustrial.
1853          (g) "Division" means the Division of Industrial Accidents.
1854          (h) "First responder" means:
1855          (i) a law enforcement officer, as defined in Section 53-13-103;
1856          (ii) an emergency medical technician, as defined in Section [26-8c-102] 26B-4-137;
1857          (iii) an advanced emergency medical technician, as defined in Section [26-8c-102]
1858     26B-4-137;
1859          (iv) a paramedic, as defined in Section [26-8c-102] 26B-4-137;
1860          (v) a firefighter, as defined in Section 34A-3-113;
1861          (vi) a dispatcher, as defined in Section 53-6-102; or
1862          (vii) a correctional officer, as defined in Section 53-13-104.
1863          (i) "Impairment" is a purely medical condition reflecting an anatomical or functional
1864     abnormality or loss. Impairment may be either temporary or permanent, industrial or
1865     nonindustrial.
1866          (j) "Order" means an action of the commission that determines the legal rights, duties,
1867     privileges, immunities, or other interests of one or more specific persons, but not a class of
1868     persons.
1869          (k) (i) "Personal injury by accident arising out of and in the course of employment"
1870     includes an injury caused by the willful act of a third person directed against an employee
1871     because of the employee's employment.
1872          (ii) "Personal injury by accident arising out of and in the course of employment" does
1873     not include a disease, except as the disease results from the injury.
1874          (l) "Safe" and "safety," as applied to employment or a place of employment, means the
1875     freedom from danger to the life or health of employees reasonably permitted by the nature of
1876     the employment.
1877          (2) As used in this chapter and Chapter 3, Utah Occupational Disease Act:

1878          (a) "Brother or sister" includes a half brother or sister.
1879          (b) "Child" includes:
1880          (i) a posthumous child; or
1881          (ii) a child legally adopted prior to an injury.
1882          Section 23. Section 34A-2-111 is amended to read:
1883          34A-2-111. Managed health care programs -- Other safety programs.
1884          (1) As used in this section:
1885          (a) (i) "Health care provider" means a person who furnishes treatment or care to
1886     persons who have suffered bodily injury.
1887          (ii) "Health care provider" includes:
1888          (A) a hospital;
1889          (B) a clinic;
1890          (C) an emergency care center;
1891          (D) a physician;
1892          (E) a nurse;
1893          (F) a nurse practitioner;
1894          (G) a physician's assistant;
1895          (H) a paramedic; or
1896          (I) an emergency medical technician.
1897          (b) "Physician" means any health care provider licensed under:
1898          (i) Title 58, Chapter 5a, Podiatric Physician Licensing Act;
1899          (ii) Title 58, Chapter 24b, Physical Therapy Practice Act;
1900          (iii) Title 58, Chapter 67, Utah Medical Practice Act;
1901          (iv) Title 58, Chapter 68, Utah Osteopathic Medical Practice Act;
1902          (v) Title 58, Chapter 69, Dentist and Dental Hygienist Practice Act;
1903          (vi) Title 58, Chapter 70a, Utah Physician Assistant Act;
1904          (vii) Title 58, Chapter 71, Naturopathic Physician Practice Act;
1905          (viii) Title 58, Chapter 72, Acupuncture Licensing Act;

1906          (ix) Title 58, Chapter 73, Chiropractic Physician Practice Act; and
1907          (x) Title 58, Chapter 31b, Nurse Practice Act, as an advanced practice registered nurse.
1908          (c) "Preferred health care facility" means a facility:
1909          (i) that is a health care facility as defined in Section [26-21-2] 26B-2-201; and
1910          (ii) designated under a managed health care program.
1911          (d) "Preferred provider physician" means a physician designated under a managed
1912     health care program.
1913          (e) "Self-insured employer" is as defined in Section 34A-2-201.5.
1914          (2) (a) A self-insured employer and insurance carrier may adopt a managed health care
1915     program to provide employees the benefits of this chapter or Chapter 3, Utah Occupational
1916     Disease Act, beginning January 1, 1993. The plan shall comply with this Subsection (2).
1917          (b) (i) A preferred provider program may be developed if the preferred provider
1918     program allows a selection by the employee of more than one physician in the health care
1919     specialty required for treating the specific problem of an industrial patient.
1920          (ii) (A) Subject to the requirements of this section, if a preferred provider program is
1921     developed by an insurance carrier or self-insured employer, an employee is required to use:
1922          (I) preferred provider physicians; and
1923          (II) preferred health care facilities.
1924          (B) If a preferred provider program is not developed, an employee may have free
1925     choice of health care providers.
1926          (iii) The failure to do the following may, if the employee has been notified of the
1927     preferred provider program, result in the employee being obligated for any charges in excess of
1928     the preferred provider allowances:
1929          (A) use a preferred health care facility; or
1930          (B) initially receive treatment from a preferred provider physician.
1931          (iv) Notwithstanding the requirements of Subsections (2)(b)(i) through (iii), a
1932     self-insured employer or other employer may:
1933          (A) (I) (Aa) have its own health care facility on or near its worksite or premises; and

1934          (Bb) continue to contract with other health care providers; or
1935          (II) operate a health care facility; and
1936          (B) require employees to first seek treatment at the provided health care or contracted
1937     facility.
1938          (v) An employee subject to a preferred provider program or employed by an employer
1939     having its own health care facility may procure the services of any qualified health care
1940     provider:
1941          (A) for emergency treatment, if a physician employed in the preferred provider
1942     program or at the health care facility is not available for any reason;
1943          (B) for conditions the employee in good faith believes are nonindustrial; or
1944          (C) when an employee living in a rural area would be unduly burdened by traveling to:
1945          (I) a preferred provider physician; or
1946          (II) a preferred health care facility.
1947          (c) (i) (A) An employer, insurance carrier, or self-insured employer may enter into
1948     contracts with the following for the purposes listed in Subsection (2)(c)(i)(B):
1949          (I) health care providers;
1950          (II) medical review organizations; or
1951          (III) vendors of medical goods, services, and supplies including medicines.
1952          (B) A contract described in Subsection (2)(c)(i)(A) may be made for the following
1953     purposes:
1954          (I) insurance carriers or self-insured employers may form groups in contracting for
1955     managed health care services with health care providers;
1956          (II) peer review;
1957          (III) methods of utilization review;
1958          (IV) use of case management;
1959          (V) bill audit;
1960          (VI) discounted purchasing; and
1961          (VII) the establishment of a reasonable health care treatment protocol program

1962     including the implementation of medical treatment and quality care guidelines that are:
1963          (Aa) scientifically based;
1964          (Bb) peer reviewed; and
1965          (Cc) consistent with standards for health care treatment protocol programs that the
1966     commission shall establish by rules made in accordance with Title 63G, Chapter 3, Utah
1967     Administrative Rulemaking Act, including the authority of the commission to approve a health
1968     care treatment protocol program before it is used or disapprove a health care treatment protocol
1969     program that does not comply with this Subsection (2)(c)(i)(B)(VII).
1970          (ii) An insurance carrier may make any or all of the factors in Subsection (2)(c)(i) a
1971     condition of insuring an entity in its insurance contract.
1972          (3) (a) In addition to a managed health care program, an insurance carrier may require
1973     an employer to establish a work place safety program if the employer:
1974          (i) has an experience modification factor of 1.00 or higher, as determined by the
1975     National Council on Compensation Insurance; or
1976          (ii) is determined by the insurance carrier to have a three-year loss ratio of 100% or
1977     higher.
1978          (b) A workplace safety program may include:
1979          (i) a written workplace accident and injury reduction program that:
1980          (A) promotes safe and healthful working conditions; and
1981          (B) is based on clearly stated goals and objectives for meeting those goals; and
1982          (ii) a documented review of the workplace accident and injury reduction program each
1983     calendar year delineating how procedures set forth in the program are met.
1984          (c) A written workplace accident and injury reduction program permitted under
1985     Subsection (3)(b)(i) should describe:
1986          (i) how managers, supervisors, and employees are responsible for implementing the
1987     program;
1988          (ii) how continued participation of management will be established, measured, and
1989     maintained;

1990          (iii) the methods used to identify, analyze, and control new or existing hazards,
1991     conditions, and operations;
1992          (iv) how the program will be communicated to all employees so that the employees are
1993     informed of work-related hazards and controls;
1994          (v) how workplace accidents will be investigated and corrective action implemented;
1995     and
1996          (vi) how safe work practices and rules will be enforced.
1997          (d) For the purposes of a workplace accident and injury reduction program of an
1998     eligible employer described in Subsection 34A-2-103(7)(f), the workplace accident and injury
1999     reduction program shall:
2000          (i) include the provisions described in Subsections (3)(b) and (c), except that the
2001     employer shall conduct a documented review of the workplace accident and injury reduction
2002     program at least semiannually delineating how procedures set forth in the workplace accident
2003     and injury reduction program are met; and
2004          (ii) require a written agreement between the employer and all contractors and
2005     subcontractors on a project that states that:
2006          (A) the employer has the right to control the manner or method by which the work is
2007     executed;
2008          (B) if a contractor, subcontractor, or any employee of a contractor or subcontractor
2009     violates the workplace accident and injury reduction program, the employer maintains the right
2010     to:
2011          (I) terminate the contract with the contractor or subcontractor;
2012          (II) remove the contractor or subcontractor from the work site; or
2013          (III) require that the contractor or subcontractor not permit an employee that violates
2014     the workplace accident and injury reduction program to work on the project for which the
2015     employer is procuring work; and
2016          (C) the contractor or subcontractor shall provide safe and appropriate equipment
2017     subject to the right of the employer to:

2018          (I) inspect on a regular basis the equipment of a contractor or subcontractor; and
2019          (II) require that the contractor or subcontractor repair, replace, or remove equipment
2020     the employer determines not to be safe or appropriate.
2021          (4) The premiums charged to any employer who fails or refuses to establish a
2022     workplace safety program pursuant to Subsection (3)(b)(i) or (ii) may be increased by 5% over
2023     any existing current rates and premium modifications charged that employer.
2024          Section 24. Section 34A-2-417 is amended to read:
2025          34A-2-417. Claims and benefits -- Time limits for filing -- Burden of proof.
2026          (1) (a) Except with respect to prosthetic devices or in a permanent total disability case,
2027     an employee is entitled to be compensated for a medical expense if:
2028          (i) the medical expense is:
2029          (A) reasonable in amount; and
2030          (B) necessary to treat the industrial accident; and
2031          (ii) the employee submits or makes a reasonable attempt to submit the medical
2032     expense:
2033          (A) to the employee's employer or insurance carrier for payment; and
2034          (B) within one year from the later of:
2035          (I) the day on which the medical expense is incurred; or
2036          (II) the day on which the employee knows or in the exercise of reasonable diligence
2037     should have known that the medical expense is related to the industrial accident.
2038          (b) For an industrial accident that occurs on or after July 1, 1988, and is the basis of a
2039     claim for a medical expense, an employee is entitled to be compensated for the medical
2040     expense if the employee meets the requirements of Subsection (1)(a).
2041          (2) (a) A claim described in Subsection (2)(b) is barred, unless the employee:
2042          (i) files an application for hearing with the Division of Adjudication no later than six
2043     years from the date of the accident; and
2044          (ii) by no later than 12 years from the date of the accident, is able to meet the
2045     employee's burden of proving that the employee is due the compensation claimed under this

2046     chapter.
2047          (b) Subsection (2)(a) applies to a claim for compensation for:
2048          (i) temporary total disability benefits;
2049          (ii) temporary partial disability benefits;
2050          (iii) permanent partial disability benefits; or
2051          (iv) permanent total disability benefits.
2052          (c) The commission may enter an order awarding or denying an employee's claim for
2053     compensation under this chapter within a reasonable time period beyond 12 years from the date
2054     of the accident, if:
2055          (i) the employee complies with Subsection (2)(a); and
2056          (ii) 12 years from the date of the accident:
2057          (A) (I) the employee is fully cooperating in a commission approved reemployment
2058     plan; and
2059          (II) the results of that commission approved reemployment plan are not known; or
2060          (B) the employee is actively adjudicating issues of compensability before the
2061     commission.
2062          (3) A claim for death benefits is barred unless an application for hearing is filed within
2063     one year of the date of death of the employee.
2064          (4) (a) (i) Subject to Subsections (2)(c) and (4)(b), after an employee files an
2065     application for hearing within six years from the date of the accident, the Division of
2066     Adjudication may enter an order to show cause why the employee's claim should not be
2067     dismissed because the employee has failed to meet the employee's burden of proof to establish
2068     an entitlement to compensation claimed in the application for hearing.
2069          (ii) The order described in Subsection (4)(a)(i) may be entered on the motion of the:
2070          (A) Division of Adjudication;
2071          (B) employee's employer; or
2072          (C) employer's insurance carrier.
2073          (b) Under Subsection (4)(a), the Division of Adjudication may dismiss a claim:

2074          (i) without prejudice; or
2075          (ii) with prejudice only if:
2076          (A) the Division of Adjudication adjudicates the merits of the employee's entitlement
2077     to the compensation claimed in the application for hearing; or
2078          (B) the employee fails to comply with Subsection (2)(a)(ii).
2079          (c) If a claim is dismissed without prejudice under Subsection (4)(b), the employee is
2080     subject to the time limits under Subsection (2)(a) to claim compensation under this chapter.
2081          (5) A claim for compensation under this chapter is subject to a claim or lien for
2082     recovery under Section [26-19-401] 26B-3-1009.
2083          Section 25. Section 34A-2-418 is amended to read:
2084          34A-2-418. Awards -- Medical, nursing, hospital, and burial expenses -- Artificial
2085     means and appliances.
2086          (1) In addition to the compensation provided in this chapter or Chapter 3, Utah
2087     Occupational Disease Act, and subject to Subsection 34A-2-407(11), the employer or the
2088     insurance carrier shall pay reasonable sums for medical, nurse, and hospital services, for
2089     medicines, and for artificial means, appliances, and prostheses necessary to treat the injured
2090     employee.
2091          (2) The employer and the insurance carrier are not required to pay or reimburse for
2092     cannabis, a cannabis product, or a medical cannabis device, as those terms are defined in
2093     Section [26-61a-102] 26B-4-201.
2094          (3) If death results from the injury, the employer or the insurance carrier shall pay the
2095     burial expenses in ordinary cases as established by rule.
2096          (4) If a compensable accident results in the breaking of or loss of an employee's
2097     artificial means or appliance including eyeglasses, the employer or insurance carrier shall
2098     provide a replacement of the artificial means or appliance.
2099          (5) An administrative law judge may require the employer or insurance carrier to
2100     maintain the artificial means or appliances or provide the employee with a replacement of any
2101     artificial means or appliance for the reason of breakage, wear and tear, deterioration, or

2102     obsolescence.
2103          (6) An administrative law judge may, in unusual cases, order, as the administrative law
2104     judge considers just and proper, the payment of additional sums:
2105          (a) for burial expenses; or
2106          (b) to provide for artificial means or appliances.
2107          Section 26. Section 34A-2-422 is amended to read:
2108          34A-2-422. Compensation exempt from execution -- Transfer of payment rights.
2109          (1) For purposes of this section:
2110          (a) "Payment rights under workers' compensation" means the right to receive
2111     compensation under this chapter or Chapter 3, Utah Occupational Disease Act, including the
2112     payment of a workers' compensation claim, award, benefit, or settlement.
2113          (b) (i) Subject to Subsection (1)(b)(ii), "transfer" means:
2114          (A) a sale;
2115          (B) an assignment;
2116          (C) a pledge;
2117          (D) an hypothecation; or
2118          (E) other form of encumbrance or alienation for consideration.
2119          (ii) "Transfer" does not include the creation or perfection of a security interest in a right
2120     to receive a payment under a blanket security agreement entered into with an insured
2121     depository institution, in the absence of any action to:
2122          (A) redirect the payments to:
2123          (I) the insured depository institution; or
2124          (II) an agent or successor in interest to the insured depository institution; or
2125          (B) otherwise enforce a blanket security interest against the payment rights.
2126          (2) Compensation before payment:
2127          (a) is exempt from:
2128          (i) all claims of creditors; and
2129          (ii) attachment or execution; and

2130          (b) shall be paid only to employees or their dependents, except as provided in Sections
2131     [26-19-401] 26B-3-1009 and 34A-2-417.
2132          (3) (a) Subject to Subsection (3)(b), beginning April 30, 2007, a person may not:
2133          (i) transfer payment rights under workers' compensation; or
2134          (ii) accept or take any action to provide for a transfer of payment rights under workers'
2135     compensation.
2136          (b) A person may take an action prohibited under Subsection (3)(a) if the commission
2137     approves the transfer of payment rights under workers' compensation:
2138          (i) before the transfer of payment rights under workers' compensation takes effect; and
2139          (ii) upon a determination by the commission that:
2140          (A) the person transferring the payment rights under workers' compensation received
2141     before executing an agreement to transfer those payment rights:
2142          (I) adequate notice that the transaction involving the transfer of payment rights under
2143     workers' compensation involves the transfer of those payment rights; and
2144          (II) an explanation of the financial consequences of and alternatives to the transfer of
2145     payment rights under workers' compensation in sufficient detail that the person transferring the
2146     payment rights under workers' compensation made an informed decision to transfer those
2147     payment rights; and
2148          (B) the transfer of payment rights under workers' compensation is in the best interest of
2149     the person transferring the payment rights under workers' compensation taking into account the
2150     welfare and support of that person's dependents.
2151          (c) The approval by the commission of the transfer of a person's payment rights under
2152     workers' compensation is a full and final resolution of the person's payment rights under
2153     workers' compensation that are transferred:
2154          (i) if the commission approves the transfer of the payment rights under workers'
2155     compensation in accordance with Subsection (3)(b); and
2156          (ii) once the person no longer has a right to appeal the decision in accordance with this
2157     title.

2158          Section 27. Section 34A-3-201 is amended to read:
2159          34A-3-201. Definitions.
2160          (1) As used in this part:
2161          (a) "COVID-19" means the disease caused by severe acute respiratory syndrome
2162     coronavirus 2.
2163          (b) "First responder" means:
2164          (i) a first responder as defined in Section 34A-2-102;
2165          (ii) an individual employed by:
2166          (A) a health care facility as defined in Section [26-21-2] 26B-2-201;
2167          (B) an office of a physician, chiropractor, or dentist;
2168          (C) a nursing home;
2169          (D) a retirement facility;
2170          (E) a home health care provider;
2171          (F) a pharmacy;
2172          (G) a facility that performs laboratory or medical testing on human specimens; or
2173          (H) an entity similar to the entities listed in Subsections (1)(b)(ii)(A) through (G);
2174          (iii) an individual employed by, working with, or working at the direction of a local
2175     health department; or
2176          (iv) a volunteer, as defined in Section 67-20-2, providing services to a local health
2177     department in accordance with Title 67, Chapter 20, Volunteer Government Workers Act.
2178          (c) "Physician" means an individual licensed under:
2179          (i) Title 58, Chapter 67, Utah Medical Practice Act;
2180          (ii) Title 58, Chapter 68, Utah Osteopathic Medical Practice Act;
2181          (iii) Title 58, Chapter 70a, Utah Physician Assistant Act; or
2182          (iv) Title 58, Chapter 31b, Nurse Practice Act, as an advanced practice registered
2183     nurse.
2184          (d) "Utah minimum wage" means the highest wage designated as Utah's minimum
2185     wage under Title 34, Chapter 40, Utah Minimum Wage Act.

2186          (2) For purposes of this part, an individual is diagnosed with COVID-19 if the
2187     individual:
2188          (a) through laboratory testing of a specimen the individual provides, tests positive for
2189     the virus that causes COVID-19; and
2190          (b) is diagnosed with COVID-19 by a physician.
2191          Section 28. Section 34A-11-102 is amended to read:
2192          34A-11-102. Restrictions on employers.
2193          With respect to matters related to genetic testing and private genetic information, an
2194     employer shall comply with Section [26-45-103] 13-60-204 and the other applicable provisions
2195     of [Title 26, Chapter 45] Title 13, Chapter 60, Part 2, Genetic Testing and Procedure Privacy
2196     Act.
2197          Section 29. Section 35A-1-102 is amended to read:
2198          35A-1-102. Definitions.
2199          Unless otherwise specified, as used in this title:
2200          (1) "Client" means an individual who the department has determined to be eligible for
2201     services or benefits under:
2202          (a) Chapter 3, Employment Support Act; and
2203          (b) Chapter 5, Training and Workforce Improvement Act.
2204          (2) "Department" means the Department of Workforce Services created in Section
2205     35A-1-103.
2206          (3) "Economic service area" means an economic service area established in accordance
2207     with Chapter 2, Economic Service Areas.
2208          (4) "Employment assistance" means services or benefits provided by the department
2209     under:
2210          (a) Chapter 3, Employment Support Act; and
2211          (b) Chapter 5, Training and Workforce Improvement Act.
2212          (5) "Employment center" is a location in an economic service area where the services
2213     provided by an economic service area under Section 35A-2-201 may be accessed by a client.

2214          (6) "Employment counselor" means an individual responsible for developing an
2215     employment plan and coordinating the services and benefits under this title in accordance with
2216     Chapter 2, Economic Service Areas.
2217          (7) "Employment plan" means a written agreement between the department and a client
2218     that describes:
2219          (a) the relationship between the department and the client;
2220          (b) the obligations of the department and the client; and
2221          (c) the result if an obligation is not fulfilled by the department or the client.
2222          (8) "Executive director" means the executive director of the department appointed
2223     under Section 35A-1-201.
2224          (9) "Government entity" means the state or any county, municipality, local district,
2225     special service district, or other political subdivision or administrative unit of the state, a state
2226     institution of higher education as defined in Section 53B-2-101, or a local education agency as
2227     defined in Section 53G-7-401.
2228          (10) "Public assistance" means:
2229          (a) services or benefits provided under Chapter 3, Employment Support Act;
2230          (b) medical assistance provided under [Title 26, Chapter 18, Medical Assistance Act]
2231     Title 26B, Chapter 3, Health Care - Administration and Assistance;
2232          (c) foster care maintenance payments provided from the General Fund or under Title
2233     IV-E of the Social Security Act;
2234          (d) SNAP benefits; and
2235          (e) any other public funds expended for the benefit of a person in need of financial,
2236     medical, food, housing, or related assistance.
2237          (11) "SNAP" means the federal "Supplemental Nutrition Assistance Program" under
2238     Title 7, U.S.C. Chapter 51, Supplemental Nutrition Assistance Program, formerly known as the
2239     federal Food Stamp Program.
2240          (12) "SNAP benefit" or "SNAP benefits" means a financial benefit, coupon, or
2241     privilege available under SNAP.

2242          (13) "Stabilization" means addressing the basic living, family care, and social or
2243     psychological needs of the client so that the client may take advantage of training or
2244     employment opportunities provided under this title or through other agencies or institutions.
2245          (14) "Vulnerable populations" means children or adults with a life situation that
2246     substantially affects that individual's ability to:
2247          (a) provide personal protection;
2248          (b) provide necessities such as food, shelter, clothing, or mental or other health care;
2249          (c) obtain services necessary for health, safety, or welfare;
2250          (d) carry out the activities of daily living;
2251          (e) manage the adult's own financial resources; or
2252          (f) comprehend the nature and consequences of remaining in a situation of abuse,
2253     neglect, or exploitation.
2254          Section 30. Section 35A-3-103 is amended to read:
2255          35A-3-103. Department responsibilities.
2256          The department shall:
2257          (1) administer public assistance programs assigned by the Legislature and the
2258     governor;
2259          (2) determine eligibility for public assistance programs in accordance with the
2260     requirements of this chapter;
2261          (3) cooperate with the federal government in the administration of public assistance
2262     programs;
2263          (4) administer state employment services;
2264          (5) provide for the compilation of necessary or desirable information, statistics, and
2265     reports;
2266          (6) perform other duties and functions required by law;
2267          (7) monitor the application of eligibility policy;
2268          (8) develop personnel training programs for effective and efficient operation of the
2269     programs administered by the department;

2270          (9) provide refugee resettlement services in accordance with Section 35A-3-701;
2271          (10) provide child care assistance for children in accordance with Part 2, Office of
2272     Child Care;
2273          (11) provide services that enable an applicant or recipient to qualify for affordable
2274     housing in cooperation with:
2275          (a) the Utah Housing Corporation;
2276          (b) the Housing and Community Development Division; and
2277          (c) local housing authorities;
2278          (12) administer the Medicaid Eligibility Quality Control function in accordance with
2279     42 C.F.R. Sec. 431.812; and
2280          (13) conduct non-clinical eligibility hearings and issue final decisions in adjudicative
2281     proceedings, including expedited appeals as defined in 42 C.F.R. Sec. 431.224, for medical
2282     assistance eligibility under:
2283          (a) [Title 26, Chapter 18, Medical Assistance Act] Title 26B, Chapter 3, Health Care -
2284     Administration and Assistance; or
2285          (b) [Title 26, Chapter 40, Utah Children's Health Insurance Act] Title 26B, Chapter 3,
2286     Part 9, Utah Children's Health Insurance Program.
2287          Section 31. Section 35A-3-207 is amended to read:
2288          35A-3-207. Community-based prevention programs.
2289          (1) As used in this section:
2290          (a) "political subdivision" means a town, city, county, or school district;
2291          (b) "qualified sponsor" means a:
2292          (i) political subdivision;
2293          (ii) community nonprofit, religious, or charitable organization;
2294          (iii) regional or statewide nonprofit organization; or
2295          (iv) private for profit or nonprofit child care organization with experience and expertise
2296     in operating community-based prevention programs described in Subsection (2) and that are
2297     licensed under [Title 62A, Chapter 2, Licensure of Programs and Facilities] Title 26B, Chapter

2298     2, Part 1, Human Services Programs and Facilities.
2299          (2) Within appropriations from the Legislature, the department may provide grants to
2300     qualified sponsors for community-based prevention programs that:
2301          (a) support parents in their primary care giving role to children;
2302          (b) provide positive alternatives to idleness for school-aged children when school is not
2303     in session; and
2304          (c) support other community-based prevention programs.
2305          (3) In awarding a grant under this section, the department shall:
2306          (a) request proposals for funding from potential qualified sponsors; and
2307          (b) ensure that each dollar of funds from political subdivisions or private funds is
2308     matched for each dollar received from the department.
2309          (4) In meeting the matching requirements under Subsection (3), the department may
2310     consider the value of in-kind contributions, including materials, supplies, paid labor, volunteer
2311     labor, and the incremental increase in building maintenance and operation expenses incurred
2312     attributable to the prevention program.
2313          (5) In awarding a grant under this section, the department shall consider:
2314          (a) the cash portion of the proposed match in relation to the financial resources of the
2315     qualified sponsor; and
2316          (b) the extent to which the qualified sponsor has:
2317          (i) consulted and collaborated with parents of children who are likely to participate,
2318     local parent-teacher organizations, and other parent organizations;
2319          (ii) identified at-risk factors that will be addressed through the proposed prevention
2320     program;
2321          (iii) identified protective factors and developmental assets that will be supported and
2322     strengthened through the proposed prevention program; and
2323          (iv) encouraged the financial support of parents and the organizations described in
2324     Subsection (5)(b)(i).
2325          (6) The department shall award at least 50% of the grants under this section to

2326     organizations described in Subsection (1)(b)(iv).
2327          (7) The department may not allow the use of federal funds as matching funds under
2328     this act.
2329          Section 32. Section 35A-3-212 is amended to read:
2330          35A-3-212. Use of COVID-19 relief funds -- Grants to child care providers --
2331     Reporting requirements.
2332          (1) As used in this section:
2333          (a) "COVID-19 relief funds" means federal funds provided to the office under:
2334          (i) the American Rescue Plan Act, Pub. L. No. 117-2;
2335          (ii) the Coronavirus Aid, Relief, and Economic Security Act, Pub. L. No. 116-136; or
2336          (iii) the Coronavirus Response and Relief Supplemental Appropriations Act, Pub. L.
2337     No. 116-260.
2338          (b) "Eligible child care provider" means:
2339          (i) a child care provider that enters into a contract with an employer to provide child
2340     care for the employer's employees, either on-site or off-site of the employer's place of business;
2341     or
2342          (ii) a regulated residential child care provider.
2343          (c) (i) "Employer" means:
2344          (A) a public employer;
2345          (B) a private employer; or
2346          (C) a cooperative organized for the purpose of providing child care for members'
2347     employees.
2348          (ii) "Employer" includes a local education agency, as defined in Section 53E-1-102.
2349          (d) "Regulated residential child care provider" means a person who holds a license or
2350     certificate from the Department of Health and Human Services to provide residential child care
2351     in accordance with [Title 26, Chapter 39, Utah Child Care Licensing Act] Title 26B, Chapter 2,
2352     Part 4, Child Care Licensing.
2353          (2) (a) Subject to availability of funds and requirements under applicable federal law,

2354     the office shall use COVID-19 relief funds to provide grants to eligible child care providers to
2355     assist in paying start-up costs associated with the provision of child care.
2356          (b) The office shall make rules, in accordance with Title 63G, Chapter 3, Utah
2357     Administrative Rulemaking Act, to establish criteria and procedures for applying for and
2358     awarding grants under this Subsection (2).
2359          (3) In fiscal years 2022 through 2024, the office shall submit to the department, for
2360     inclusion in the department's annual written report described in Section 35A-1-109, an annual
2361     report that provides:
2362          (a) a complete accounting of the COVID-19 relief funds expended by the office during
2363     the previous fiscal year;
2364          (b) a description of the services, projects, and programs funded by the office with
2365     COVID-19 relief funds during the previous fiscal year, including the amount of COVID-19
2366     relief funds allocated to each service, project, or program; and
2367          (c) information regarding the outcomes and effectiveness of the services, projects, and
2368     programs funded by the office with COVID-19 relief funds during the previous fiscal year.
2369          Section 33. Section 35A-3-308 is amended to read:
2370          35A-3-308. Adoption services -- Printed information -- Supports provided.
2371          (1) The department may provide assistance under this section to an applicant who is
2372     pregnant and is not receiving cash assistance at the beginning of the third trimester of
2373     pregnancy.
2374          (2) For a pregnant applicant, the department shall:
2375          (a) refer the applicant for appropriate prenatal medical care, including maternal health
2376     services provided under [Title 26, Chapter 10, Family Health Services] Title 26B, Chapter 7,
2377     Part 1, Health Promotion and Risk Reduction;
2378          (b) inform the applicant of free counseling about adoption from licensed child
2379     placement agencies and licensed attorneys; and
2380          (c) offer the applicant the adoption information packet described in Subsection (3).
2381          (3) The department shall publish an adoption information packet that:

2382          (a) is easy to understand;
2383          (b) contains geographically indexed materials on the public and private organizations
2384     that provide adoption assistance;
2385          (c) lists the names, addresses, and telephone numbers of licensed child placement
2386     agencies and licensed attorneys who place children for adoption;
2387          (d) explains that private adoption is legal and that the law permits adoptive parents to
2388     reimburse the costs of prenatal care, childbirth, neonatal care, and other expenses related to
2389     pregnancy; and
2390          (e) describes the services available to the applicant under this section.
2391          (4) (a) A recipient remains eligible for assistance under this section, even though the
2392     recipient relinquishes a child for adoption, if the adoption is in accordance with Sections
2393     78B-6-120 through 78B-6-122.
2394          (b) The assistance provided under this section may include:
2395          (i) reimbursement for expenses associated with care and confinement during pregnancy
2396     as provided in Subsection (5); and
2397          (ii) for a maximum of 12 months from the date of relinquishment, coordination of
2398     services to assist the recipient in:
2399          (A) receiving appropriate educational and occupational assessment and planning;
2400          (B) enrolling in appropriate education or training programs, including high school
2401     completion and adult education programs;
2402          (C) enrolling in programs that provide assistance with job readiness, employment
2403     counseling, finding employment, and work skills;
2404          (D) finding suitable housing;
2405          (E) receiving medical assistance, under [Title 26, Chapter 18, Medical Assistance Act]
2406     Title 26B, Chapter 3, Health Care - Administration and Assistance, if the recipient is otherwise
2407     eligible; and
2408          (F) receiving counseling and other mental health services.
2409          (5) (a) Except as provided in Subsection (5)(b), a recipient under this section is eligible

2410     to receive an amount equal to the maximum monthly amount of cash assistance paid under this
2411     part to one person for up to 12 consecutive months from the date of relinquishment.
2412          (b) If a recipient is otherwise eligible to receive cash assistance under this part, the
2413     recipient is eligible to receive an amount equal to the increase in cash assistance the recipient
2414     would have received but for the relinquishment for up to 12 consecutive months from the date
2415     of relinquishment.
2416          (6) (a) To remain eligible for assistance under this section, a recipient shall:
2417          (i) with the cooperation of the department, develop and implement an employment plan
2418     that includes goals for achieving self-sufficiency and that describes the action the recipient will
2419     take concerning education and training to achieve full-time employment;
2420          (ii) if the recipient does not have a high school diploma, enroll in high school or an
2421     alternative to high school and demonstrate progress toward graduation; and
2422          (iii) make a good faith effort to meet the goals of the employment plan as described in
2423     Section 35A-3-304.
2424          (b) Cash assistance provided to a recipient before the recipient relinquishes a child for
2425     adoption is part of the state plan.
2426          (c) Assistance provided under Subsection (5):
2427          (i) shall be provided for with state funds; and
2428          (ii) may not be counted when determining subsequent eligibility for cash assistance
2429     under this chapter.
2430          (d) The time limit provisions of Section 35A-3-306 apply to cash assistance provided
2431     under the state plan.
2432          (e) The department shall monitor a recipient's compliance with this section.
2433          (f) Except for Subsection (6)(b), Subsections (2) through (6) are excluded from the
2434     state plan.
2435          Section 34. Section 35A-3-401 is amended to read:
2436          35A-3-401. General Assistance.
2437          (1) (a) The department may provide General Assistance to individuals who are:

2438          (i) not receiving cash assistance under Part 3, Family Employment Program, or
2439     Supplemental Security Income; and
2440          (ii) unemployable according to standards established by the department.
2441          (b) (i) General Assistance described in Subsection (1)(a) may include payment in cash
2442     or in kind.
2443          (ii) The department may provide General Assistance up to an amount that is no more
2444     than the existing payment level for an otherwise similarly situated recipient receiving cash
2445     assistance under Part 3, Family Employment Program.
2446          (iii) Funding for General Assistance is nonlapsing.
2447          (c) The department shall establish asset limitations for a General Assistance applicant.
2448          (d) (i) General Assistance may be granted to meet special nonrecurrent needs of an
2449     applicant for the federal Supplemental Security Income for the Aged, Blind, and Disabled
2450     program provided under 20 C.F.R. Sec. 416, if the applicant agrees to reimburse the
2451     department for assistance advanced to the applicant while awaiting the determination of
2452     eligibility by the Social Security Administration.
2453          (ii) (A) Reimbursements to the department described in Subsection (1)(d)(i) up to and
2454     including $250,000 collected in a fiscal year shall be used by the department to administer the
2455     General Assistance program and provide General Assistance to eligible applicants.
2456          (B) Reimbursements to the department described in Subsection (1)(d)(i) over $250,000
2457     collected in a fiscal year shall be deposited into the General Fund.
2458          (iii) General Assistance payments may not be made to a recipient currently receiving:
2459          (A) cash assistance; or
2460          (B) Supplemental Security Income for the Aged, Blind, and Disabled.
2461          (e) (i) General Assistance may be used for the reasonable cost of burial for a recipient
2462     if heirs or relatives are not financially able to assume this expense.
2463          (ii) Notwithstanding Subsection (1)(e)(i), if the body of a person is unclaimed, Section
2464     [26-4-25] 26B-8-225 applies.
2465          (iii) The department shall fix the cost of a reasonable burial and conditions under

2466     which burial expenditures may be made.
2467          (2) The department may cooperate with any governmental unit or agency, or any
2468     private nonprofit agency, in establishing work projects to provide employment for employable
2469     persons.
2470          Section 35. Section 35A-3-603 is amended to read:
2471          35A-3-603. Civil liability for overpayment.
2472          (1) A provider, recipient, or other person who receives an overpayment shall,
2473     regardless of fault, return the overpayment or repay its value to the department immediately:
2474          (a) upon receiving written notice of the overpayment from the department; or
2475          (b) upon discovering the overpayment, if that occurs before receiving notice.
2476          (2) (a) Except as provided under Subsection (2)(b), interest on the unreturned balance
2477     of the overpayment shall accrue at the rate of 1% a month.
2478          (b) If the overpayment was not the fault of the person receiving it, that person is not
2479     liable for interest on the unreturned balance.
2480          (c) In accordance with federal law and rules made by the department in accordance
2481     with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, an overpayment may be
2482     recovered through deductions from cash assistance, General Assistance, SNAP benefits, other
2483     cash-related assistance provided to a recipient under this chapter, or other means provided by
2484     federal law.
2485          (3) A person who knowingly assists a recipient, provider, or other person in obtaining
2486     an overpayment is jointly and severally liable for the overpayment.
2487          (4) (a) In proving civil liability for overpayment under this section, or Section
2488     35A-3-605, when fault is alleged, the department shall prove by clear and convincing evidence
2489     that the overpayment was obtained intentionally, knowingly, recklessly as "intentionally,
2490     knowingly, and recklessly" are defined in Section 76-2-103, by false statement,
2491     misrepresentation, impersonation, or other fraudulent means, including committing any of the
2492     acts or omissions described in Sections 76-8-1203, 76-8-1204, or 76-8-1205.
2493          (b) If fault is established under Subsection (4)(a), Section 35A-3-605, or Title 76,

2494     Chapter 8, Part 12, Public Assistance Fraud, a person who obtained or helped another obtain an
2495     overpayment is subject to:
2496          (i) a civil penalty of 10% of the amount of the overpayment, except for overpayments
2497     related to assistance for child care services;
2498          (ii) a civil penalty of 50% of the amount of the overpayment for overpayments related
2499     to assistance for child care services;
2500          (iii) disqualification from receiving cash assistance from the Family Employment
2501     Program created in Section 35A-3-302 and the General Assistance program under Section
2502     35A-3-401, if the overpayment was obtained from either of those programs, for the period
2503     described in Subsection (4)(c); and
2504          (iv) disqualification from SNAP, if the overpayment was received from SNAP, for the
2505     period described in Subsection (4)(c).
2506          (c) Unless otherwise provided by federal law, the period of a disqualification under
2507     [Subsection] Subsections (4)(b)(iii) and (iv) is for:
2508          (i) 12 months for a first offense;
2509          (ii) 24 months for a second offense; and
2510          (iii) permanently for a third offense.
2511          (5) (a) Except as provided under Subsection (5)(b), if an action is filed, the department
2512     may recover, in addition to the principal sum plus interest, reasonable attorney fees and costs.
2513          (b) If the repayment obligation arose from an administrative error by the department,
2514     the department may not recover attorney fees and costs.
2515          (6) If a court finds that funds or benefits were secured, in whole or part, by fraud by the
2516     person from whom repayment is sought, the court shall assess an additional sum as considered
2517     appropriate as punitive damages up to the amount of repayment being sought.
2518          (7) A criminal action for public assistance fraud is governed by Title 76, Chapter 8,
2519     Part 12, Public Assistance Fraud.
2520          (8) Jurisdiction over benefits is continuous.
2521          (9) This chapter does not preclude the Department of Health and Human Services from

2522     carrying out its responsibilities under [Title 26, Chapter 19, Medical Benefits Recovery Act,
2523     and Chapter 20, Utah False Claims Act] Title 26B, Chapter 3, Part 10, Medical Benefits
2524     Recovery, and Title 26B, Chapter 3, Part 11, Utah False Claims Act.
2525          Section 36. Section 35A-9-202 is amended to read:
2526          35A-9-202. Intergenerational poverty report.
2527          (1) The department shall annually prepare an intergenerational poverty report for
2528     inclusion in the department's annual written report described in Section 35A-1-109.
2529          (2) The intergenerational poverty report shall:
2530          (a) report on the data, findings, and potential uses of the intergenerational poverty
2531     tracking system described in Section 35A-9-201;
2532          (b) describe policies, procedures, and programs that the department has implemented
2533     or modified to help break the cycle of poverty and end welfare dependency for children in the
2534     state affected by intergenerational poverty;
2535          (c) contain recommendations to the Legislature on how to address issues relating to
2536     breaking the cycle of poverty and ending welfare dependency for children in the state affected
2537     by intergenerational poverty; and
2538          (d) include the following reports:
2539          (i) the report described in Section 9-1-210 by the Department of Cultural and
2540     Community Engagement;
2541          (ii) the report described in Section [26-1-44] 26B-1-218 by the Department of Health
2542     and Human Services; and
2543          (iii) the report described in Section 53E-1-206 by the State Board of Education[;].
2544     [and]
2545          [(iv) the report described in Section 62A-1-123 by the Department of Health and
2546     Human Services.]
2547          Section 37. Section 35A-15-102 is amended to read:
2548          35A-15-102. Definitions.
2549          As used in this chapter:

2550          (1) "Board" means the School Readiness Board, created in Section 35A-15-201.
2551          (2) "Economically disadvantaged" means to be eligible to receive free or reduced price
2552     lunch.
2553          (3) "Eligible home-based educational technology provider" means a provider that
2554     offers a home-based educational technology program to develop the school readiness skills of
2555     an eligible student.
2556          (4) (a) "Eligible LEA" means an LEA that has a data system capacity to collect
2557     longitudinal academic outcome data, including special education use by student, by identifying
2558     each student with a statewide unique student identifier.
2559          (b) "Eligible LEA" includes a program exempt from licensure under Subsection
2560     [26-39-403(2)(c)] 26B-2-405(2)(e).
2561          (5) (a) "Eligible private provider" means a child care program that:
2562          (i) is licensed under [Title 26, Chapter 39, Utah Child Care Licensing Act] Title 26B,
2563     Chapter 2, Part 4, Child Care Licensing; or
2564          (ii) except as provided in Subsection (5)(b)(ii), is exempt from licensure under Section
2565     [26-39-403] 26B-2-405.
2566          (b) "Eligible private provider" does not include:
2567          (i) residential child care, as defined in Section [26-39-102] 26B-2-401; or
2568          (ii) a program exempt from licensure under Subsection [26-39-403(2)(c)]
2569     26B-2-405(2)(e).
2570          (6) "Eligible student" means a student:
2571          (a) (i) who is age three, four, or five; and
2572          (ii) is not eligible for enrollment under Subsection 53G-4-402(6); and
2573          (b) (i) (A) who is economically disadvantaged; and
2574          (B) whose parent or legal guardian reports that the student has experienced at least one
2575     risk factor;
2576          (ii) is an English learner; or
2577          (iii) is in foster care.

2578          (7) "Evaluation" means an evaluation conducted in accordance with Section
2579     35A-15-303.
2580          (8) "High quality school readiness program" means a preschool program that:
2581          (a) is provided by an eligible LEA, eligible private provider, or eligible home-based
2582     educational technology provider; and
2583          (b) meets the elements of a high quality school readiness program described in Section
2584     35A-15-202.
2585          (9) "Investor" means a person that enters into a results-based contract to provide
2586     funding to a high quality school readiness program on the condition that the person will receive
2587     payment in accordance with Section 35A-15-402 if the high quality school readiness program
2588     meets the performance outcome measures included in the results-based contract.
2589          (10) "Kindergarten assessment" means the kindergarten entry assessment described in
2590     Section 53G-7-203.
2591          (11) "Kindergarten transition plan" means a plan that supports the smooth transition of
2592     a preschool student to kindergarten and includes communication and alignment among the
2593     preschool, program, parents, and K-12 personnel.
2594          (12) "Local Education Agency" or "LEA" means a school district or charter school.
2595          (13) "Performance outcome measure" means:
2596          (a) indicators, as determined by the board, on the school readiness assessment and the
2597     kindergarten assessment; or
2598          (b) for a results-based contract, the indicators included in the contract.
2599          (14) "Results-based contract" means a contract that:
2600          (a) is entered into in accordance with Section 35A-15-402;
2601          (b) includes a performance outcome measure; and
2602          (c) is between the board, a provider of a high quality school readiness program, and an
2603     investor.
2604          (15) "Risk factor" means:
2605          (a) having a mother who was 18 years old or younger when the child was born;

2606          (b) a member of a child's household is incarcerated;
2607          (c) living in a neighborhood with high violence or crime;
2608          (d) having one or both parents with a low reading ability;
2609          (e) moving at least once in the past year;
2610          (f) having ever been in foster care;
2611          (g) living with multiple families in the same household;
2612          (h) having exposure in a child's home to:
2613          (i) physical abuse or domestic violence;
2614          (ii) substance abuse;
2615          (iii) the death or chronic illness of a parent or sibling; or
2616          (iv) mental illness;
2617          (i) the primary language spoken in a child's home is a language other than English; or
2618          (j) having at least one parent who has not completed high school.
2619          (16) "School readiness assessment" means the same as that term is defined in Section
2620     53E-4-314.
2621          (17) "Tool" means the tool developed in accordance with Section 35A-15-303.
2622          Section 38. Section 39-1-64 is amended to read:
2623          39-1-64. Extension of licenses for members of National Guard and reservists.
2624          (1) As used in this section, "license" means any license issued under:
2625          (a) Title 58, Occupations and Professions; and
2626          (b) Section [26-8a-302] 26B-4-116.
2627          (2) Any license held by a member of the National Guard or reserve component of the
2628     armed forces that expires while the member is on active duty shall be extended until 90 days
2629     after the member is discharged from active duty status.
2630          (3) The licensing agency shall renew a license extended under Subsection (2) until the
2631     next date that the license expires or for the period that the license is normally issued, at no cost
2632     to the member of the National Guard or reserve component of the armed forces if all of the
2633     following conditions are met:

2634          (a) the National Guard member or reservist requests renewal of the license within 90
2635     days after being discharged;
2636          (b) the National Guard member or reservist provides the licensing agency with a copy
2637     of the member's or reservist's official orders calling the member or reservist to active duty, and
2638     official orders discharging the member or reservist from active duty; and
2639          (c) the National Guard member or reservist meets all the requirements necessary for the
2640     renewal of the license, except the member or reservist need not meet the requirements, if any,
2641     that relate to continuing education or training.
2642          (4) The provisions of this section do not apply to regularly scheduled annual training.
2643          Section 39. Section 41-1a-230.5 is amended to read:
2644          41-1a-230.5. Registration checkoff for promoting and supporting organ donation.
2645          (1) A person who applies for a motor vehicle registration or registration renewal may
2646     designate a voluntary contribution of $2 for the purpose of promoting and supporting organ
2647     donation.
2648          (2) This contribution shall be:
2649          (a) collected by the division;
2650          (b) treated as a voluntary contribution to the Allyson Gamble Organ Donation
2651     Contribution Fund created in Section [26-18b-101] 26B-1-312 and not as a motor vehicle
2652     registration fee; and
2653          (c) transferred to the Allyson Gamble Organ Donation Contribution Fund created in
2654     Section [26-18b-101] 26B-1-312 at least monthly, less actual administrative costs associated
2655     with collecting and transferring the contributions.
2656          Section 40. Section 41-1a-230.7 is amended to read:
2657          41-1a-230.7. Registration checkoff for supporting emergency medical services
2658     and search and rescue operations.
2659          (1) A person who applies for a motor vehicle registration or registration renewal may
2660     designate a voluntary contribution of $3 for the purpose of supporting:
2661          (a) the Emergency Medical Services Grant Program; and

2662          (b) the Search and Rescue Financial Assistance Program.
2663          (2) This contribution shall be:
2664          (a) collected by the division;
2665          (b) treated as a voluntary contribution and not as a motor vehicle or off-highway
2666     vehicle registration fee; and
2667          (c) distributed equally to the Emergency Medical Services System Account created in
2668     Section [26-8a-108] 26B-1-306 and the Search and Rescue Financial Assistance Program
2669     created in Section 53-2a-1102 at least monthly, less actual administrative costs associated with
2670     collecting and transferring the contributions.
2671          (3) In addition to the administrative costs deducted under Subsection (2)(c), the
2672     division may deduct the first $1,000 collected to cover costs incurred to change the registration
2673     form.
2674          Section 41. Section 41-1a-422 is amended to read:
2675          41-1a-422. Support special group license plates -- Contributor -- Voluntary
2676     contribution collection procedures.
2677          (1) As used in this section:
2678          (a) (i) except as provided in Subsection (1)(a)(ii), "contributor" means a person who
2679     has donated or in whose name at least $25 has been donated to:
2680          (A) a scholastic scholarship fund of a single named institution;
2681          (B) the Department of Veterans and Military Affairs for veterans programs;
2682          (C) the Division of Wildlife Resources for the Wildlife Resources Account created in
2683     Section 23-14-13, for conservation of wildlife and the enhancement, preservation, protection,
2684     access, and management of wildlife habitat;
2685          (D) the Department of Agriculture and Food for the benefit of conservation districts;
2686          (E) the Division of Outdoor Recreation for the benefit of snowmobile programs;
2687          (F) the Guardian Ad Litem Services Account and the Children's Museum of Utah, with
2688     the donation evenly divided between the two;
2689          (G) the Boy Scouts of America for the benefit of a Utah Boy Scouts of America

2690     council as specified by the contributor;
2691          (H) No More Homeless Pets in Utah for distribution to organizations or individuals
2692     that provide spay and neuter programs that subsidize the sterilization of domestic animals;
2693          (I) the Utah Alliance of Boys and Girls Clubs, Inc. to provide and enhance youth
2694     development programs;
2695          (J) the Utah Association of Public School Foundations to support public education;
2696          (K) the Utah Housing Opportunity Restricted Account created in Section 61-2-204 to
2697     assist people who have severe housing needs;
2698          (L) the Public Safety Honoring Heroes Restricted Account created in Section 53-1-118
2699     to support the families of fallen Utah Highway Patrol troopers and other Department of Public
2700     Safety employees;
2701          (M) the Division of Outdoor Recreation for distribution to organizations that provide
2702     support for Zion National Park;
2703          (N) the Firefighter Support Restricted Account created in Section 53-7-109 to support
2704     firefighter organizations;
2705          (O) the Share the Road Bicycle Support Restricted Account created in Section
2706     72-2-127 to support bicycle operation and safety awareness programs;
2707          (P) the Cancer Research Restricted Account created in Section [26-21a-302]
2708     26B-1-313 to support cancer research programs;
2709          (Q) Autism Awareness Restricted Account created in Section 53F-9-401 to support
2710     autism awareness programs;
2711          (R) Humanitarian Service and Educational and Cultural Exchange Restricted Account
2712     created in Section 9-17-102 to support humanitarian service and educational and cultural
2713     programs;
2714          (S) [Upon] upon renewal of a prostate cancer support special group license plate, to the
2715     Cancer Research Restricted Account created in Section [26-21a-302] 26B-1-313 to support
2716     cancer research programs;
2717          (T) the Choose Life Adoption Support Restricted Account created in Section 80-2-502

2718     to support programs that promote adoption;
2719          (U) the National Professional Men's Basketball Team Support of Women and Children
2720     Issues Restricted Account created in Section 26B-1-302;
2721          (V) the Utah Law Enforcement Memorial Support Restricted Account created in
2722     Section 53-1-120;
2723          (W) the Children with Cancer Support Restricted Account created in Section
2724     [26-21a-304] 26B-1-314 for programs that provide assistance to children with cancer;
2725          (X) the National Professional Men's Soccer Team Support of Building Communities
2726     Restricted Account created in Section 9-19-102;
2727          (Y) the Children with Heart Disease Support Restricted Account created in Section
2728     [26-58-102] 26B-1-321;
2729          (Z) the Utah Intracurricular Student Organization Support for Agricultural Education
2730     and Leadership Restricted Account created in Section 4-42-102;
2731          (AA) the Division of Wildlife Resources for the Support for State-Owned Shooting
2732     Ranges Restricted Account created in Section 23-14-13.5, for the creation of new, and
2733     operation and maintenance of existing, state-owned firearm shooting ranges;
2734          (BB) the Utah State Historical Society to further the mission and purpose of the Utah
2735     State Historical Society;
2736          (CC) the Motorcycle Safety Awareness Support Restricted Account created in Section
2737     72-2-130;
2738          (DD) clean air support causes, with half of the donation deposited into the Clean Air
2739     Support Restricted Account created in Section 19-1-109, and half of the donation deposited
2740     into the Clean Air Fund created in Section 59-10-1319;
2741          (EE) the Latino Community Support Restricted Account created in Section 13-1-16;
2742          (FF) the Allyson Gamble Organ Donation Contribution Fund created in Section
2743     [26-18b-101] 26B-1-312;
2744          (GG) public education on behalf of the Kiwanis International clubs, with the amount of
2745     the donation required to cover the costs of issuing, ordering, or reordering Kiwanis support

2746     special group plates, as determined by the State Tax Commission, deposited into the Kiwanis
2747     Education Support Fund created in Section 53F-9-403, and all remaining donation amounts
2748     deposited into the Uniform School Fund;
2749          (HH) the Governor's Suicide Prevention Fund created in Section [62A-15-1103]
2750     26B-1-325 to support the Live On suicide prevention campaign administered by the Division of
2751     Integrated Healthcare; or
2752          (II) the State Park Fees Restricted Account created in Section 79-4-402 to support the
2753     Division of State Parks' dark sky initiative.
2754          (ii) (A) For a veterans special group license plate described in Subsection (4) or
2755     41-1a-421(1)(a)(v), "contributor" means a person who has donated or in whose name at least a
2756     $25 donation at the time of application and $10 annual donation thereafter has been made.
2757          (B) For a Utah Housing Opportunity special group license plate, "contributor" means a
2758     person who:
2759          (I) has donated or in whose name at least $30 has been donated at the time of
2760     application and annually after the time of application; and
2761          (II) is a member of a trade organization for real estate licensees that has more than
2762     15,000 Utah members.
2763          (C) For an Honoring Heroes special group license plate, "contributor" means a person
2764     who has donated or in whose name at least $35 has been donated at the time of application and
2765     annually thereafter.
2766          (D) For a firefighter support special group license plate, "contributor" means a person
2767     who:
2768          (I) has donated or in whose name at least $15 has been donated at the time of
2769     application and annually after the time of application; and
2770          (II) is a currently employed, volunteer, or retired firefighter.
2771          (E) For a cancer research special group license plate, "contributor" means a person who
2772     has donated or in whose name at least $35 has been donated at the time of application and
2773     annually after the time of application.

2774          (F) For a Utah Law Enforcement Memorial Support special group license plate,
2775     "contributor" means a person who has donated or in whose name at least $35 has been donated
2776     at the time of application and annually thereafter.
2777          (b) "Institution" means a state institution of higher education as defined under Section
2778     53B-3-102 or a private institution of higher education in the state accredited by a regional or
2779     national accrediting agency recognized by the United States Department of Education.
2780          (2) (a) An applicant for original or renewal collegiate special group license plates under
2781     Subsection (1)(a)(i) must be a contributor to the institution named in the application and
2782     present the original contribution verification form under Subsection (2)(b) or make a
2783     contribution to the division at the time of application under Subsection (3).
2784          (b) An institution with a support special group license plate shall issue to a contributor
2785     a verification form designed by the commission containing:
2786          (i) the name of the contributor;
2787          (ii) the institution to which a donation was made;
2788          (iii) the date of the donation; and
2789          (iv) an attestation that the donation was for a scholastic scholarship.
2790          (c) The state auditor may audit each institution to verify that the money collected by the
2791     institutions from contributors is used for scholastic scholarships.
2792          (d) After an applicant has been issued collegiate license plates or renewal decals, the
2793     commission shall charge the institution whose plate was issued, a fee determined in accordance
2794     with Section 63J-1-504 for management and administrative expenses incurred in issuing and
2795     renewing the collegiate license plates.
2796          (e) If the contribution is made at the time of application, the contribution shall be
2797     collected, treated, and deposited as provided under Subsection (3).
2798          (3) (a) (i) Except as provided in Subsection (3)(a)(ii), an applicant for original or
2799     renewal support special group license plates under this section must be a contributor to the
2800     sponsoring organization associated with the license plate.
2801          (ii) An applicant for a historical special group license plate is not required to make a

2802     donation to the Utah State Historical Society if the historical special group license plate is for a
2803     vintage vehicle that has a model year of 1980 or older.
2804          (b) This contribution shall be:
2805          (i) unless collected by the named institution under Subsection (2), collected by the
2806     division;
2807          (ii) considered a voluntary contribution for the funding of the activities specified under
2808     this section and not a motor vehicle registration fee;
2809          (iii) deposited into the appropriate account less actual administrative costs associated
2810     with issuing the license plates; and
2811          (iv) for a firefighter special group license plate, deposited into the appropriate account
2812     less:
2813          (A) the costs of reordering firefighter special group license plate decals; and
2814          (B) the costs of replacing recognition special group license plates with new license
2815     plates under Subsection 41-1a-1211(13).
2816          (c) The donation described in Subsection (1)(a) must be made in the 12 months before
2817     registration or renewal of registration.
2818          (d) The donation described in Subsection (1)(a) shall be a one-time donation made to
2819     the division when issuing original:
2820          (i) snowmobile license plates; or
2821          (ii) conservation license plates.
2822          (4) Veterans license plates shall display one of the symbols representing the Army,
2823     Navy, Air Force, Marines, Coast Guard, or American Legion.
2824          Section 42. Section 41-6a-404 is amended to read:
2825          41-6a-404. Accident reports -- When confidential -- Insurance policy information
2826     -- Use as evidence -- Penalty for false information.
2827          (1) As used in this section:
2828          (a) "Accompanying data" means all materials gathered by the investigating peace
2829     officer in an accident investigation including:

2830          (i) the identity of witnesses and, if known, contact information;
2831          (ii) witness statements;
2832          (iii) photographs and videotapes;
2833          (iv) diagrams; and
2834          (v) field notes.
2835          (b) "Agent" means:
2836          (i) a person's attorney;
2837          (ii) a person's insurer;
2838          (iii) a general acute hospital, as defined in Section [26-21-2] 26B-2-201, that:
2839          (A) has an emergency room; and
2840          (B) is providing or has provided emergency services to the person in relation to the
2841     accident; or
2842          (iv) any other individual or entity with signed permission from the person to receive
2843     the person's accident report.
2844          (2) (a) Except as provided in Subsections (3) and (7), all accident reports required in
2845     this part to be filed with the department:
2846          (i) are without prejudice to the reporting individual;
2847          (ii) are protected and for the confidential use of the department or other state, local, or
2848     federal agencies having use for the records for official governmental statistical, investigative,
2849     and accident prevention purposes; and
2850          (iii) may be disclosed only in a statistical form that protects the privacy of any person
2851     involved in the accident.
2852          (b) An investigating peace officer shall include in an accident report an indication as to
2853     whether the accident occurred on a highway designated as a livestock highway in accordance
2854     with Section 72-3-112 if the accident resulted in the injury or death of livestock.
2855          (3) (a) Subject to the provisions of this section, the department or the responsible law
2856     enforcement agency employing the peace officer that investigated the accident shall disclose an
2857     accident report to:

2858          (i) a person involved in the accident, excluding a witness to the accident;
2859          (ii) a person suffering loss or injury in the accident;
2860          (iii) an agent, parent, or legal guardian of a person described in Subsections (3)(a)(i)
2861     and (ii);
2862          (iv) subject to Subsection (3)(d), a member of the press or broadcast news media;
2863          (v) a state, local, or federal agency that uses the records for official governmental,
2864     investigative, or accident prevention purposes;
2865          (vi) law enforcement personnel when acting in their official governmental capacity;
2866     and
2867          (vii) a licensed private investigator who:
2868          (A) represents an individual described in Subsections (3)(a)(i) through (iii); and
2869          (B) demonstrates that the representation of the individual described in Subsections
2870     (3)(a)(i) through (iii) is directly related to the accident that is the subject of the accident report.
2871          (b) The responsible law enforcement agency employing the peace officer that
2872     investigated the accident:
2873          (i) shall in compliance with Subsection (3)(a):
2874          (A) disclose an accident report; or
2875          (B) upon written request disclose an accident report and its accompanying data within
2876     10 business days from receipt of a written request for disclosure; or
2877          (ii) may withhold an accident report, and any of its accompanying data if disclosure
2878     would jeopardize an ongoing criminal investigation or criminal prosecution.
2879          (c) In accordance with Subsection (3)(a), the department or the responsible law
2880     enforcement agency employing the investigating peace officer shall disclose whether any
2881     person or vehicle involved in an accident reported under this section was covered by a vehicle
2882     insurance policy, and the name of the insurer.
2883          (d) Information provided to a member of the press or broadcast news media under
2884     Subsection (3)(a)(iv) may only include:
2885          (i) the name, age, sex, and city of residence of each person involved in the accident;

2886          (ii) the make and model year of each vehicle involved in the accident;
2887          (iii) whether or not each person involved in the accident was covered by a vehicle
2888     insurance policy;
2889          (iv) the location of the accident; and
2890          (v) a description of the accident that excludes personal identifying information not
2891     listed in Subsection (3)(d)(i).
2892          (e) The department shall disclose to any requesting person the following vehicle
2893     accident history information, excluding personal identifying information, in bulk electronic
2894     form:
2895          (i) any vehicle identifying information that is electronically available, including the
2896     make, model year, and vehicle identification number of each vehicle involved in an accident;
2897          (ii) the date of the accident; and
2898          (iii) any electronically available data which describes the accident, including a
2899     description of any physical damage to the vehicle.
2900          (f) The department may establish a fee under Section 63J-1-504 based on the fair
2901     market value of the information for providing bulk vehicle accident history information under
2902     Subsection (3)(e).
2903          (4) (a) Except as provided in Subsection (4)(b), accident reports filed under this section
2904     may not be used as evidence in any civil or criminal trial arising out of an accident.
2905          (b) (i) Upon demand of any party to the trial or upon demand of any court, the
2906     department shall furnish a certificate showing that a specified accident report has or has not
2907     been made to the department in compliance with law.
2908          (ii) If the report has been made, the certificate furnished by the department shall show:
2909          (A) the date, time, and location of the accident;
2910          (B) the names and addresses of the drivers;
2911          (C) the owners of the vehicles involved; and
2912          (D) the investigating peace officers.
2913          (iii) The reports may be used as evidence when necessary to prosecute charges filed in

2914     connection with a violation of Subsection (5).
2915          (5) A person who gives information in reports as required in this part knowing or
2916     having reason to believe that the information is false is guilty of a class A misdemeanor.
2917          (6) The department and the responsible law enforcement agency employing the
2918     investigating peace officer may charge a reasonable fee determined by the department under
2919     Section 63J-1-504 for the cost incurred in disclosing an accident report or an accident report
2920     and any of its accompanying data under Subsections (3)(a) and (b).
2921          (7) (a) The Office of State Debt Collection, the Division of Risk Management, and the
2922     Department of Transportation may, in the performance of the regular duties of each respective
2923     division or department, disclose an accident report to:
2924          (i) a person involved in the accident, excluding a witness to the accident;
2925          (ii) an owner of a vehicle involved in the accident;
2926          (iii) an agent, parent, or legal guardian of a person described in Subsection (7)(a)(i) or
2927     (ii); or
2928          (iv) an insurer that provides motor vehicle insurance to a person described in
2929     Subsection (7)(a)(i) or (iii).
2930          (b) A disclosure under Subsection (7)(a) does not change the classification of the
2931     record as a protected record under Section 63G-2-305.
2932          Section 43. Section 41-6a-501 is amended to read:
2933          41-6a-501. Definitions.
2934          (1) As used in this part:
2935          (a) "Actual physical control" is determined by a consideration of the totality of the
2936     circumstances, but does not include a circumstance in which:
2937          (i) the person is asleep inside the vehicle;
2938          (ii) the person is not in the driver's seat of the vehicle;
2939          (iii) the engine of the vehicle is not running;
2940          (iv) the vehicle is lawfully parked; and
2941          (v) under the facts presented, it is evident that the person did not drive the vehicle to

2942     the location while under the influence of alcohol, a drug, or the combined influence of alcohol
2943     and any drug.
2944          (b) "Assessment" means an in-depth clinical interview with a licensed mental health
2945     therapist:
2946          (i) used to determine if a person is in need of:
2947          (A) substance abuse treatment that is obtained at a substance abuse program;
2948          (B) an educational series; or
2949          (C) a combination of Subsections (1)(b)(i)(A) and (B); and
2950          (ii) that is approved by the Division of [Substance Abuse and Mental Health]
2951     Integrated Healthcare in accordance with Section [62A-15-105] 26B-5-104.
2952          (c) "Driving under the influence court" means a court that is approved as a driving
2953     under the influence court by the [Utah] Judicial Council according to standards established by
2954     the Judicial Council.
2955          (d) "Drug" or "drugs" means:
2956          (i) a controlled substance as defined in Section 58-37-2;
2957          (ii) a drug as defined in Section 58-17b-102; or
2958          (iii) a substance that, when knowingly, intentionally, or recklessly taken into the human
2959     body, can impair the ability of a person to safely operate a motor vehicle.
2960          (e) "Educational series" means an educational series obtained at a substance abuse
2961     program that is approved by the Division of [Substance Abuse and Mental Health] Integrated
2962     Healthcare in accordance with Section [62A-15-105] 26B-5-104.
2963          (f) "Negligence" means simple negligence, the failure to exercise that degree of care
2964     that an ordinarily reasonable and prudent person exercises under like or similar circumstances.
2965          (g) "Novice learner driver" means an individual who:
2966          (i) has applied for a Utah driver license;
2967          (ii) has not previously held a driver license in this state or another state; and
2968          (iii) has not completed the requirements for issuance of a Utah driver license.
2969          (h) "Screening" means a preliminary appraisal of a person:

2970          (i) used to determine if the person is in need of:
2971          (A) an assessment; or
2972          (B) an educational series; and
2973          (ii) that is approved by the Division of [Substance Abuse and Mental Health]
2974     Integrated Healthcare in accordance with Section [62A-15-105] 26B-5-104.
2975          (i) "Serious bodily injury" means bodily injury that creates or causes:
2976          (i) serious permanent disfigurement;
2977          (ii) protracted loss or impairment of the function of any bodily member or organ; or
2978          (iii) a substantial risk of death.
2979          (j) "Substance abuse treatment" means treatment obtained at a substance abuse
2980     program that is approved by the Division of [Substance Abuse and Mental Health] Integrated
2981     Healthcare in accordance with Section [62A-15-105] 26B-5-104.
2982          (k) "Substance abuse treatment program" means a state licensed substance abuse
2983     program.
2984          (l) (i) "Vehicle" or "motor vehicle" means a vehicle or motor vehicle as defined in
2985     Section 41-6a-102; and
2986          (ii) "Vehicle" or "motor vehicle" includes:
2987          (A) an off-highway vehicle as defined under Section 41-22-2; and
2988          (B) a motorboat as defined in Section 73-18-2.
2989          (2) As used in Section 41-6a-503:
2990          (a) "Conviction" means any conviction arising from a separate episode of driving for a
2991     violation of:
2992          (i) driving under the influence under Section 41-6a-502;
2993          (ii) (A) for an offense committed before July 1, 2008, alcohol, any drug, or a
2994     combination of both-related reckless driving under:
2995          (I) Section 41-6a-512; and
2996          (II) Section 41-6a-528; or
2997          (B) for an offense committed on or after July 1, 2008, impaired driving under Section

2998     41-6a-502.5;
2999          (iii) driving with any measurable controlled substance that is taken illegally in the body
3000     under Section 41-6a-517;
3001          (iv) local ordinances similar to Section 41-6a-502, alcohol, any drug, or a combination
3002     of both-related reckless driving, or impaired driving under Section 41-6a-502.5 adopted in
3003     compliance with Section 41-6a-510;
3004          (v) Section 76-5-207;
3005          (vi) operating a motor vehicle with any amount of a controlled substance in an
3006     individual's body and causing serious bodily injury or death, as codified before May 4, 2022,
3007     Laws of Utah 2021, Chapter 236, Section 1, Subsection 58-37-8(2)(g);
3008          (vii) negligently operating a vehicle resulting in injury under Section 76-5-102.1;
3009          (viii) a violation described in Subsections (2)(a)(i) through (vii), which judgment of
3010     conviction is reduced under Section 76-3-402;
3011          (ix) refusal of a chemical test under Subsection 41-6a-520(7); or
3012          (x) statutes or ordinances previously in effect in this state or in effect in any other state,
3013     the United States, or any district, possession, or territory of the United States which would
3014     constitute a violation of Section 41-6a-502 or alcohol, any drug, or a combination of
3015     both-related reckless driving if committed in this state, including punishments administered
3016     under 10 U.S.C. Sec. 815.
3017          (b) A plea of guilty or no contest to a violation described in Subsections (2)(a)(i)
3018     through (x) which plea was held in abeyance under Title 77, Chapter 2a, Pleas in Abeyance,
3019     prior to July 1, 2008, is the equivalent of a conviction, even if the charge has been subsequently
3020     reduced or dismissed in accordance with the plea in abeyance agreement, for purposes of:
3021          (i) enhancement of penalties under this Chapter 6a, Part 5, Driving Under the Influence
3022     and Reckless Driving; and
3023          (ii) expungement under Title 77, Chapter [40] 40a, Expungement.
3024          (c) An admission to a violation of Section 41-6a-502 in juvenile court is the equivalent
3025     of a conviction even if the charge has been subsequently dismissed in accordance with the Utah

3026     Rules of Juvenile Procedure for the purposes of enhancement of penalties under:
3027          (i) this part;
3028          (ii) negligently operating a vehicle resulting in injury under Section 76-5-102.1; and
3029          (iii) negligently operating a vehicle resulting in death under Section 76-5-207.
3030          (3) As used in Section 41-6a-505, "controlled substance" does not include an inactive
3031     metabolite of a controlled substance.
3032          Section 44. Section 41-6a-502.5 is amended to read:
3033          41-6a-502.5. Impaired driving -- Penalty -- Reporting of convictions -- Sentencing
3034     requirements.
3035          (1) With the agreement of the prosecutor, a plea to a class B misdemeanor violation of
3036     Section 41-6a-502 committed on or after July 1, 2008, may be entered as a conviction of
3037     impaired driving under this section if:
3038          (a) the defendant completes court ordered probation requirements; or
3039          (b) (i) the prosecutor agrees as part of a negotiated plea; and
3040          (ii) the court finds the plea to be in the interest of justice.
3041          (2) A conviction entered under this section is a class B misdemeanor.
3042          (3) (a) (i) If the entry of an impaired driving plea is based on successful completion of
3043     probation under Subsection (1)(a), the court shall enter the conviction at the time of the plea.
3044          (ii) If the defendant fails to appear before the court and establish successful completion
3045     of the court ordered probation requirements under Subsection (1)(a), the court shall enter an
3046     amended conviction of Section 41-6a-502.
3047          (iii) The date of entry of the amended order under Subsection (3)(a)(ii) is the date of
3048     conviction.
3049          (b) The court may enter a conviction of impaired driving immediately under
3050     Subsection (1)(b).
3051          (4) For purposes of Section 76-3-402, the entry of a plea to a class B misdemeanor
3052     violation of Section 41-6a-502 as impaired driving under this section is a reduction of one
3053     degree.

3054          (5) (a) The court shall notify the Driver License Division of each conviction entered
3055     under this section.
3056          (b) Beginning on July 1, 2012, a court shall, monthly, send to the Division of
3057     Professional Licensing, created in Section 58-1-103, a report containing the name, case
3058     number, and, if known, the date of birth of each person convicted during the preceding month
3059     of a violation of this section for whom there is evidence that the person was driving while
3060     impaired, in whole or in part, by a prescribed controlled substance.
3061          (6) (a) The provisions in Subsections 41-6a-505(1), (3), (5), and (7) that require a
3062     sentencing court to order a convicted person to participate in a screening, an assessment, or an
3063     educational series, or obtain substance abuse treatment or do a combination of those things,
3064     apply to a conviction entered under this section.
3065          (b) The court shall render the same order regarding screening, assessment, an
3066     educational series, or substance abuse treatment in connection with a first, second, or
3067     subsequent conviction under this section as the court would render in connection with applying
3068     respectively, the first, second, or subsequent conviction requirements of Subsections
3069     41-6a-505(1), (3), (5), and (7).
3070          (7) (a) Except as provided in Subsection (7)(b), a report authorized by Section
3071     53-3-104 may not contain any evidence of a conviction for impaired driving in this state if the
3072     reporting court notifies the Driver License Division that the defendant is participating in or has
3073     successfully completed the program of a driving under the influence court.
3074          (b) The provisions of Subsection (7)(a) do not apply to a report concerning:
3075          (i) a CDL license holder; or
3076          (ii) a violation that occurred in a commercial motor vehicle.
3077          (8) The provisions of this section are not available:
3078          (a) to a person who has a prior conviction as that term is defined in Subsection
3079     41-6a-501(2); or
3080          (b) where there is admissible evidence that the individual:
3081          (i) had a blood or breath alcohol level of .16 or higher;

3082          (ii) had a blood or breath alcohol level of .05 or higher in addition to any measurable
3083     controlled substance; or
3084          (iii) had a combination of two or more controlled substances in the person's body that
3085     were not:
3086          (A) prescribed by a licensed physician; or
3087          (B) recommended in accordance with [Title 26, Chapter 61a, Utah Medical Cannabis
3088     Act] Title 26B, Chapter 4, Part 2, Cannabinoid Research and Medical Cannabis.
3089          Section 45. Section 41-6a-505 is amended to read:
3090          41-6a-505. Sentencing requirements for driving under the influence of alcohol,
3091     drugs, or a combination of both violations.
3092          (1) As part of any sentence for a first conviction of Section 41-6a-502 where there is
3093     admissible evidence that the individual had a blood or breath alcohol level of .16 or higher, had
3094     a blood or breath alcohol level of .05 or higher in addition to any measurable controlled
3095     substance, or had a combination of two or more controlled substances in the individual's body
3096     that were not recommended in accordance with [Title 26, Chapter 61a, Utah Medical Cannabis
3097     Act] Title 26B, Chapter 4, Part 2, Cannabinoid Research and Medical Cannabis, or prescribed:
3098          (a) the court shall:
3099          (i) (A) impose a jail sentence of not less than five days; or
3100          (B) impose a jail sentence of not less than two days in addition to home confinement of
3101     not fewer than 30 consecutive days through the use of electronic monitoring that includes a
3102     substance abuse testing instrument in accordance with Section 41-6a-506;
3103          (ii) order the individual to participate in a screening;
3104          (iii) order the individual to participate in an assessment, if it is found appropriate by a
3105     screening under Subsection (1)(a)(ii);
3106          (iv) order the individual to participate in an educational series if the court does not
3107     order substance abuse treatment as described under Subsection (1)(b);
3108          (v) impose a fine of not less than $700;
3109          (vi) order probation for the individual in accordance with Section 41-6a-507;

3110          (vii) (A) order the individual to pay the administrative impound fee described in
3111     Section 41-6a-1406; or
3112          (B) if the administrative impound fee was paid by a party described in Subsection
3113     41-6a-1406(5)(a), other than the individual sentenced, order the individual sentenced to
3114     reimburse the party;
3115          (viii) (A) order the individual to pay the towing and storage fees described in Section
3116     72-9-603; or
3117          (B) if the towing and storage fees were paid by a party described in Subsection
3118     41-6a-1406(5)(a), other than the individual sentenced, order the individual sentenced to
3119     reimburse the party; or
3120          (ix) unless the court determines and states on the record that an ignition interlock
3121     system is not necessary for the safety of the community and in the best interest of justice, order
3122     the installation of an ignition interlock system as described in Section 41-6a-518; and
3123          (b) the court may:
3124          (i) order the individual to obtain substance abuse treatment if the substance abuse
3125     treatment program determines that substance abuse treatment is appropriate;
3126          (ii) order the individual to participate in a 24/7 sobriety program as defined in Section
3127     41-6a-515.5 if the individual is 21 years old or older; or
3128          (iii) order a combination of Subsections (1)(b)(i) and (ii).
3129          (2) (a) If an individual described in Subsection (1) is participating in a 24/7 sobriety
3130     program as defined in Section 41-6a-515.5, the court may suspend the jail sentence imposed
3131     under Subsection (1)(a).
3132          (b) If an individual described in Subsection (1) fails to successfully complete all of the
3133     requirements of the 24/7 sobriety program, the court shall impose the suspended jail sentence
3134     described in Subsection (2)(a).
3135          (3) As part of any sentence for any first conviction of Section 41-6a-502 not described
3136     in Subsection (1):
3137          (a) the court shall:

3138          (i) (A) impose a jail sentence of not less than two days; or
3139          (B) require the individual to work in a compensatory-service work program for not less
3140     than 48 hours;
3141          (ii) order the individual to participate in a screening;
3142          (iii) order the individual to participate in an assessment, if it is found appropriate by a
3143     screening under Subsection (3)(a)(ii);
3144          (iv) order the individual to participate in an educational series if the court does not
3145     order substance abuse treatment as described under Subsection (3)(b);
3146          (v) impose a fine of not less than $700;
3147          (vi) (A) order the individual to pay the administrative impound fee described in Section
3148     41-6a-1406; or
3149          (B) if the administrative impound fee was paid by a party described in Subsection
3150     41-6a-1406(5)(a), other than the individual sentenced, order the individual sentenced to
3151     reimburse the party; or
3152          (vii) (A) order the individual to pay the towing and storage fees described in Section
3153     72-9-603; or
3154          (B) if the towing and storage fees were paid by a party described in Subsection
3155     41-6a-1406(5)(a), other than the individual sentenced, order the individual sentenced to
3156     reimburse the party; and
3157          (b) the court may:
3158          (i) order the individual to obtain substance abuse treatment if the substance abuse
3159     treatment program determines that substance abuse treatment is appropriate;
3160          (ii) order probation for the individual in accordance with Section 41-6a-507;
3161          (iii) order the individual to participate in a 24/7 sobriety program as defined in Section
3162     41-6a-515.5 if the individual is 21 years old or older; or
3163          (iv) order a combination of Subsections (3)(b)(i) through (iii).
3164          (4) (a) If an individual described in Subsection (3) is participating in a 24/7 sobriety
3165     program as defined in Section 41-6a-515.5, the court may suspend the jail sentence imposed

3166     under Subsection (3)(a).
3167          (b) If an individual described in Subsection (4)(a) fails to successfully complete all of
3168     the requirements of the 24/7 sobriety program, the court shall impose the suspended jail
3169     sentence described in Subsection (4)(a).
3170          (5) If an individual has a prior conviction as defined in Subsection 41-6a-501(2) that is
3171     within 10 years of the current conviction under Section 41-6a-502 or the commission of the
3172     offense upon which the current conviction is based and where there is admissible evidence that
3173     the individual had a blood or breath alcohol level of .16 or higher, had a blood or breath
3174     alcohol level of .05 or higher in addition to any measurable controlled substance, or had a
3175     combination of two or more controlled substances in the individual's body that were not
3176     recommended in accordance with [Title 26, Chapter 61a, Utah Medical Cannabis Act] Title
3177     26B, Chapter 4, Part 2, Cannabinoid Research and Medical Cannabis, or prescribed:
3178          (a) the court shall:
3179          (i) (A) impose a jail sentence of not less than 20 days;
3180          (B) impose a jail sentence of not less than 10 days in addition to home confinement of
3181     not fewer than 60 consecutive days through the use of electronic monitoring that includes a
3182     substance abuse testing instrument in accordance with Section 41-6a-506; or
3183          (C) impose a jail sentence of not less than 10 days in addition to ordering the
3184     individual to obtain substance abuse treatment, if the court finds that substance abuse treatment
3185     is more likely to reduce recidivism and is in the interests of public safety;
3186          (ii) order the individual to participate in a screening;
3187          (iii) order the individual to participate in an assessment, if it is found appropriate by a
3188     screening under Subsection (5)(a)(ii);
3189          (iv) order the individual to participate in an educational series if the court does not
3190     order substance abuse treatment as described under Subsection (5)(b);
3191          (v) impose a fine of not less than $800;
3192          (vi) order probation for the individual in accordance with Section 41-6a-507;
3193          (vii) order the installation of an ignition interlock system as described in Section

3194     41-6a-518;
3195          (viii) (A) order the individual to pay the administrative impound fee described in
3196     Section 41-6a-1406; or
3197          (B) if the administrative impound fee was paid by a party described in Subsection
3198     41-6a-1406(5)(a), other than the individual sentenced, order the individual sentenced to
3199     reimburse the party; or
3200          (ix) (A) order the individual to pay the towing and storage fees described in Section
3201     72-9-603; or
3202          (B) if the towing and storage fees were paid by a party described in Subsection
3203     41-6a-1406(5)(a), other than the individual sentenced, order the individual sentenced to
3204     reimburse the party; and
3205          (b) the court may:
3206          (i) order the individual to obtain substance abuse treatment if the substance abuse
3207     treatment program determines that substance abuse treatment is appropriate;
3208          (ii) order the individual to participate in a 24/7 sobriety program as defined in Section
3209     41-6a-515.5 if the individual is 21 years old or older; or
3210          (iii) order a combination of Subsections (5)(b)(i) and (ii).
3211          (6) (a) If an individual described in Subsection (5) is participating in a 24/7 sobriety
3212     program as defined in Section 41-6a-515.5, the court may suspend the jail sentence imposed
3213     under Subsection (5)(a) after the individual has served a minimum of:
3214          (i) five days of the jail sentence for a second offense; or
3215          (ii) 10 days of the jail sentence for a third or subsequent offense.
3216          (b) If an individual described in Subsection (6)(a) fails to successfully complete all of
3217     the requirements of the 24/7 sobriety program, the court shall impose the suspended jail
3218     sentence described in Subsection (6)(a).
3219          (7) If an individual has a prior conviction as defined in Subsection 41-6a-501(2) that is
3220     within 10 years of the current conviction under Section 41-6a-502 or the commission of the
3221     offense upon which the current conviction is based and that does not qualify under Subsection

3222     (5):
3223          (a) the court shall:
3224          (i) (A) impose a jail sentence of not less than 10 days; or
3225          (B) impose a jail sentence of not less than 5 days in addition to home confinement of
3226     not fewer than 30 consecutive days through the use of electronic monitoring that includes a
3227     substance abuse testing instrument in accordance with Section 41-6a-506;
3228          (ii) order the individual to participate in a screening;
3229          (iii) order the individual to participate in an assessment, if it is found appropriate by a
3230     screening under Subsection (7)(a)(ii);
3231          (iv) order the individual to participate in an educational series if the court does not
3232     order substance abuse treatment as described under Subsection (7)(b);
3233          (v) impose a fine of not less than $800;
3234          (vi) order probation for the individual in accordance with Section 41-6a-507;
3235          (vii) (A) order the individual to pay the administrative impound fee described in
3236     Section 41-6a-1406; or
3237          (B) if the administrative impound fee was paid by a party described in Subsection
3238     41-6a-1406(5)(a), other than the individual sentenced, order the individual sentenced to
3239     reimburse the party; or
3240          (viii) (A) order the individual to pay the towing and storage fees described in Section
3241     72-9-603; or
3242          (B) if the towing and storage fees were paid by a party described in Subsection
3243     41-6a-1406(5)(a), other than the individual sentenced, order the individual sentenced to
3244     reimburse the party; and
3245          (b) the court may:
3246          (i) order the individual to obtain substance abuse treatment if the substance abuse
3247     treatment program determines that substance abuse treatment is appropriate;
3248          (ii) order the individual to participate in a 24/7 sobriety program as defined in Section
3249     41-6a-515.5 if the individual is 21 years old or older; or

3250          (iii) order a combination of Subsections (7)(b)(i) and (ii).
3251          (8) (a) If an individual described in Subsection (7) is participating in a 24/7 sobriety
3252     program as defined in Section 41-6a-515.5, the court may suspend the jail sentence imposed
3253     under Subsection (7)(a) after the individual has served a minimum of:
3254          (i) five days of the jail sentence for a second offense; or
3255          (ii) 10 days of the jail sentence for a third or subsequent offense.
3256          (b) If an individual described in Subsection (8)(a) fails to successfully complete all of
3257     the requirements of the 24/7 sobriety program, the court shall impose the suspended jail
3258     sentence described in Subsection (8)(a).
3259          (9) Under Subsection 41-6a-503(3), if the court suspends the execution of a prison
3260     sentence and places the defendant on probation where there is admissible evidence that the
3261     individual had a blood or breath alcohol level of .16 or higher, had a blood or breath alcohol
3262     level of .05 in addition to any measurable controlled substance, or had a combination of two or
3263     more controlled substances in the person's body that were not recommended in accordance with
3264     [Title 26, Chapter 61a, Utah Medical Cannabis Act] Title 26B, Chapter 4, Part 2, Cannabinoid
3265     Research and Medical Cannabis, or prescribed, the court shall impose:
3266          (a) a fine of not less than $1,500;
3267          (b) a jail sentence of not less than 120 days;
3268          (c) home confinement of not fewer than 120 consecutive days through the use of
3269     electronic monitoring that includes a substance abuse testing instrument in accordance with
3270     Section 41-6a-506; and
3271          (d) supervised probation.
3272          (10) (a) For Subsection (9) or Subsection 41-6a-503(3)(a), the court:
3273          (i) shall impose an order requiring the individual to obtain a screening and assessment
3274     for alcohol and substance abuse, and treatment as appropriate; and
3275          (ii) may impose an order requiring the individual to participate in a 24/7 sobriety
3276     program as defined in Section 41-6a-515.5 if the individual is 21 years old or older.
3277          (b) If an individual described in Subsection (10)(a)(ii) fails to successfully complete all

3278     of the requirements of the 24/7 sobriety program, the court shall impose the suspended prison
3279     sentence described in Subsection (9).
3280          (11) Under Subsection 41-6a-503(3), if the court suspends the execution of a prison
3281     sentence and places the defendant on probation with a sentence not described in Subsection (9),
3282     the court shall impose:
3283          (a) a fine of not less than $1,500;
3284          (b) a jail sentence of not less than 60 days;
3285          (c) home confinement of not fewer than 60 consecutive days through the use of
3286     electronic monitoring that includes a substance abuse testing instrument in accordance with
3287     Section 41-6a-506; and
3288          (d) supervised probation.
3289          (12) (a) (i) Except as described in Subsection (12)(a)(ii), a court may not suspend the
3290     requirements of this section.
3291          (ii) A court may suspend requirements as described in Subsection (2), (4), (6), or (8).
3292          (b) A court, with stipulation of both parties and approval from the judge, may convert a
3293     jail sentence required in this section to electronic home confinement.
3294          (c) A court may order a jail sentence imposed as a condition of misdemeanor probation
3295     under this section to be served in multiple two-day increments at weekly intervals if the court
3296     determines that separate jail increments are necessary to ensure the defendant can serve the
3297     statutorily required jail term and maintain employment.
3298          (13) If an individual is convicted of a violation of Section 41-6a-502 and there is
3299     admissible evidence that the individual had a blood or breath alcohol level of .16 or higher, the
3300     court shall order the following, or describe on record why the order or orders are not
3301     appropriate:
3302          (a) treatment as described under Subsection (1)(b), (3)(b), (5)(b), or (7)(b); and
3303          (b) one or more of the following:
3304          (i) the installation of an ignition interlock system as a condition of probation for the
3305     individual in accordance with Section 41-6a-518;

3306          (ii) the imposition of an ankle attached continuous transdermal alcohol monitoring
3307     device or remote alcohol monitor as a condition of probation for the individual; or
3308          (iii) the imposition of home confinement through the use of electronic monitoring in
3309     accordance with Section 41-6a-506.
3310          Section 46. Section 41-6a-517 is amended to read:
3311          41-6a-517. Definitions -- Driving with any measurable controlled substance in the
3312     body -- Penalties -- Arrest without warrant.
3313          (1) As used in this section:
3314          (a) "Controlled substance" means the same as that term is defined in Section 58-37-2.
3315          (b) "Practitioner" means the same as that term is defined in Section 58-37-2.
3316          (c) "Prescribe" means the same as that term is defined in Section 58-37-2.
3317          (d) "Prescription" means the same as that term is defined in Section 58-37-2.
3318          (2) (a) Except as provided in Subsection (2)(b), in cases not amounting to a violation of
3319     Section 41-6a-502, 76-5-102.1, or 76-5-207, a person may not operate or be in actual physical
3320     control of a motor vehicle within this state if the person has any measurable controlled
3321     substance or metabolite of a controlled substance in the person's body.
3322          (b) Subsection (2)(a) does not apply to a person that has
3323     11-nor-9-carboxy-tetrahydrocannabinol as the only controlled substance present in the person's
3324     body.
3325          (3) It is an affirmative defense to prosecution under this section that the controlled
3326     substance was:
3327          (a) involuntarily ingested by the accused;
3328          (b) prescribed by a practitioner for use by the accused;
3329          (c) cannabis in a medicinal dosage form or a cannabis product in a medicinal dosage
3330     form that the accused ingested in accordance with [Title 26, Chapter 61a, Utah Medical
3331     Cannabis Act] Title 26B, Chapter 4, Part 2, Cannabinoid Research and Medical Cannabis; or
3332          (d) otherwise legally ingested.
3333          (4) (a) A person convicted of a violation of Subsection (2) is guilty of a class B

3334     misdemeanor.
3335          (b) A person who violates this section is subject to conviction and sentencing under
3336     both this section and any applicable offense under Section 58-37-8.
3337          (5) A peace officer may, without a warrant, arrest a person for a violation of this
3338     section when the officer has probable cause to believe the violation has occurred, although not
3339     in the officer's presence, and if the officer has probable cause to believe that the violation was
3340     committed by the person.
3341          (6) The Driver License Division shall, if the person is 21 years old or older on the date
3342     of arrest:
3343          (a) suspend, for a period of 120 days, the driver license of a person convicted under
3344     Subsection (2) of an offense committed on or after July 1, 2009; or
3345          (b) revoke, for a period of two years, the driver license of a person if:
3346          (i) the person has a prior conviction as defined under Subsection 41-6a-501(2); and
3347          (ii) the current violation under Subsection (2) is committed on or after July 1, 2009,
3348     and within a period of 10 years after the date of the prior violation.
3349          (7) The Driver License Division shall, if the person is 19 years old or older but under
3350     21 years old on the date of arrest:
3351          (a) suspend, until the person is 21 years old or for a period of one year, whichever is
3352     longer, the driver license of a person convicted under Subsection (2) of an offense committed
3353     on or after July 1, 2011; or
3354          (b) revoke, until the person is 21 years old or for a period of two years, whichever is
3355     longer, the driver license of a person if:
3356          (i) the person has a prior conviction as defined under Subsection 41-6a-501(2); and
3357          (ii) the current violation under Subsection (2) is committed on or after July 1, 2009,
3358     and within a period of 10 years after the date of the prior violation.
3359          (8) The Driver License Division shall, if the person is under 19 years old on the date of
3360     arrest:
3361          (a) suspend, until the person is 21 years old, the driver license of a person convicted

3362     under Subsection (2) of an offense committed on or after July 1, 2009; or
3363          (b) revoke, until the person is 21 years old, the driver license of a person if:
3364          (i) the person has a prior conviction as defined under Subsection 41-6a-501(2); and
3365          (ii) the current violation under Subsection (2) is committed on or after July 1, 2009,
3366     and within a period of 10 years after the date of the prior violation.
3367          (9) The Driver License Division shall subtract from any suspension or revocation
3368     period the number of days for which a license was previously suspended under Section
3369     53-3-223 or 53-3-231, if the previous suspension was based on the same occurrence upon
3370     which the record of conviction is based.
3371          (10) The Driver License Division shall:
3372          (a) deny, suspend, or revoke a person's license for the denial and suspension periods in
3373     effect prior to July 1, 2009, for a conviction of a violation under Subsection (2) that was
3374     committed prior to July 1, 2009; or
3375          (b) deny, suspend, or revoke the operator's license of a person for the denial,
3376     suspension, or revocation periods in effect from July 1, 2009, through June 30, 2011, if:
3377          (i) the person was 20 years old or older but under 21 years old at the time of arrest; and
3378          (ii) the conviction under Subsection (2) is for an offense that was committed on or after
3379     July 1, 2009, and prior to July 1, 2011.
3380          (11) A court that reported a conviction of a violation of this section for a violation that
3381     occurred on or after July 1, 2009, to the Driver License Division may shorten the suspension
3382     period imposed under Subsection (7)(a) or (8)(a) prior to completion of the suspension period
3383     if the person:
3384          (a) completes at least six months of the license suspension;
3385          (b) completes a screening;
3386          (c) completes an assessment, if it is found appropriate by a screening under Subsection
3387     (11)(b);
3388          (d) completes substance abuse treatment if it is found appropriate by the assessment
3389     under Subsection (11)(c);

3390          (e) completes an educational series if substance abuse treatment is not required by the
3391     assessment under Subsection (11)(c) or the court does not order substance abuse treatment;
3392          (f) has not been convicted of a violation of any motor vehicle law in which the person
3393     was involved as the operator of the vehicle during the suspension period imposed under
3394     Subsection (7)(a) or (8)(a);
3395          (g) has complied with all the terms of the person's probation or all orders of the court if
3396     not ordered to probation; and
3397          (h) (i) is 18 years old or older and provides a sworn statement to the court that the
3398     person has not consumed a controlled substance not prescribed by a practitioner for use by the
3399     person or unlawfully consumed alcohol during the suspension period imposed under
3400     Subsection (7)(a) or (8)(a); or
3401          (ii) is under 18 years old and has the person's parent or legal guardian provide an
3402     affidavit or other sworn statement to the court certifying that to the parent or legal guardian's
3403     knowledge the person has not consumed a controlled substance not prescribed by a practitioner
3404     for use by the person or unlawfully consumed alcohol during the suspension period imposed
3405     under Subsection (7)(a) or (8)(a).
3406          (12) If the court shortens a person's license suspension period in accordance with the
3407     requirements of Subsection (11), the court shall forward the order shortening the person's
3408     license suspension period to the Driver License Division in a manner specified by the division
3409     prior to the completion of the suspension period imposed under Subsection (7)(a) or (8)(a).
3410          (13) (a) The court shall notify the Driver License Division if a person fails to complete
3411     all court ordered screening and assessment, educational series, and substance abuse treatment.
3412          (b) Subject to Subsection 53-3-218(3), upon receiving the notification, the division
3413     shall suspend the person's driving privilege in accordance with Subsection 53-3-221(2).
3414          (14) The court:
3415          (a) shall order supervised probation in accordance with Section 41-6a-507 for a person
3416     convicted under Subsection (2); and
3417          (b) may order a person convicted under Subsection (2) to participate in a 24-7 sobriety

3418     program as defined in Section 41-6a-515.5 if the person is 21 years old or older.
3419          (15) (a) A court that reported a conviction of a violation of this section to the Driver
3420     License Division may shorten the suspension period imposed under Subsection (6) before
3421     completion of the suspension period if the person is participating in or has successfully
3422     completed a 24-7 sobriety program as defined in Section 41-6a-515.5.
3423          (b) If the court shortens a person's license suspension period in accordance with the
3424     requirements of this Subsection (15), the court shall forward to the Driver License Division, in
3425     a manner specified by the division, the order shortening the person's suspension period.
3426          (c) The court shall notify the Driver License Division, in a manner specified by the
3427     division, if a person fails to complete all requirements of a 24-7 sobriety program.
3428          (d) (i) (A) Upon receiving the notification described in Subsection (15)(c), for a first
3429     offense, the division shall suspend the person's driving privilege for a period of 120 days from
3430     the date of notice.
3431          (B) For a suspension described in Subsection (15)(d)(i)(A), no days shall be subtracted
3432     from the 120-day suspension period for which a driving privilege was suspended under this
3433     section or under Section 53-3-223, if the previous suspension was based on the same
3434     occurrence upon which the conviction under this section is based.
3435          (ii) (A) Upon receiving the notification described in Subsection (15)(c), for a second or
3436     subsequent offense, the division shall revoke the person's driving privilege for a period of two
3437     years from the date of notice.
3438          (B) For a revocation described in Subsection (15)(d)(ii)(A), no days shall be subtracted
3439     from the two-year revocation period for which a driving privilege was previously revoked
3440     under this section or under Section 53-3-223, if the previous revocation was based on the same
3441     occurrence upon which the conviction under this section is based.
3442          Section 47. Section 41-6a-523 is amended to read:
3443          41-6a-523. Persons authorized to draw blood -- Immunity from liability.
3444          (1) (a) Only the following, acting at the request of a peace officer, may draw blood to
3445     determine its alcohol or drug content:

3446          (i) a physician;
3447          (ii) a physician assistant;
3448          (iii) a registered nurse;
3449          (iv) a licensed practical nurse;
3450          (v) a paramedic;
3451          (vi) as provided in Subsection (1)(b), emergency medical service personnel other than
3452     paramedics; or
3453          (vii) a person with a valid permit issued by the Department of Health and Human
3454     Services under Section [26-1-30] 26B-1-202.
3455          (b) The Department of Health and Human Services may designate by rule, in
3456     accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, which emergency
3457     medical service personnel, as defined in Section [26-8a-102] 26B-4-101, are authorized to
3458     draw blood under Subsection (1)(a)(vi), based on the type of license under Section [26-8a-302]
3459     26B-4-116.
3460          (c) Subsection (1)(a) does not apply to taking a urine, breath, or oral fluid specimen.
3461          (2) The following are immune from civil or criminal liability arising from drawing a
3462     blood sample from a person whom a peace officer has reason to believe is driving in violation
3463     of this chapter, if the sample is drawn in accordance with standard medical practice:
3464          (a) a person authorized to draw blood under Subsection (1)(a); and
3465          (b) if the blood is drawn at a hospital or other medical facility, the medical facility.
3466          Section 48. Section 41-6a-1717 is amended to read:
3467          41-6a-1717. Smoking in a vehicle prohibited when child is present -- Penalty --
3468     Enforcement.
3469          (1) As used in this section, "smoking" has the same meaning as defined in Section
3470     [26-38-2] 26B-7-501.
3471          (2) (a) Except as provided in Subsection (2)(b), smoking is prohibited in a motor
3472     vehicle if a child who is 15 years [of age] old or younger is a passenger in the vehicle.
3473          (b) A person may smoke in a motor vehicle while a child who is 15 years [of age] old

3474     or younger is a passenger in the vehicle if the person:
3475          (i) is operating a convertible or open-body type motor vehicle; and
3476          (ii) the roof on the convertible or open-body type motor vehicle is in the open-air
3477     mode.
3478          (3) A person who violates this section is guilty of an infraction and is subject to a
3479     maximum fine of $45.
3480          (4) Until July 1, 2014, a peace officer may not issue a citation to an individual for a
3481     violation of this section but shall issue the individual a warning informing the individual that
3482     smoking is prohibited in a motor vehicle if a child who is 15 years [of age] old or younger is a
3483     passenger in the vehicle.
3484          (5) The court may suspend the fine for a violation of this section if:
3485          (a) the person has not previously been convicted of a violation of this section; and
3486          (b) the person proves to the court that the person has enrolled in a smoking cessation
3487     program.
3488          (6) Enforcement of this section by a state or local law enforcement officer shall be only
3489     as a secondary action when the vehicle has been detained for a suspected violation by any
3490     person in the vehicle of Title 41, Motor Vehicles, other than this section, or for another offense.
3491          (7) A violation of this section may not be used as a basis for or evidence of child abuse
3492     or neglect.
3493          Section 49. Section 41-22-8 is amended to read:
3494          41-22-8. Registration fees.
3495          (1) The division, after notifying the commission, shall establish the fees that shall be
3496     paid in accordance with this chapter, subject to the following:
3497          (a) (i) Except as provided in Subsection (1)(a)(ii) or (iii), the fee for each off-highway
3498     vehicle registration may not exceed $35.
3499          (ii) The fee for each snowmobile registration may not exceed $26.
3500          (iii) The fee for each street-legal all-terrain vehicle may not exceed $72.
3501          (b) The fee for each duplicate registration card may not exceed $3.

3502          (c) The fee for each duplicate registration sticker may not exceed $5.
3503          (2) A fee may not be charged for an off-highway vehicle that is owned and operated by
3504     the United States Government, this state, or its political subdivisions.
3505          (3) (a) In addition to the fees under this section, Section 41-22-33, and Section
3506     41-22-34, the Motor Vehicle Division shall require a person to pay one dollar to register an
3507     off-highway vehicle under Section 41-22-3.
3508          (b) The Motor Vehicle Division shall deposit the fees the Motor Vehicle Division
3509     collects under Subsection (3)(a) into the Spinal Cord and Brain Injury Rehabilitation Fund
3510     described in Section [26-54-102] 26B-1-319.
3511          Section 50. Section 49-11-1401 is amended to read:
3512          49-11-1401. Forfeiture of retirement benefits for employees for employment
3513     related offense convictions -- Notifications -- Investigations -- Appeals.
3514          (1) As used in this section:
3515          (a) "Convicted" means a conviction by plea or by verdict, including a plea of guilty or a
3516     plea of no contest that is held in abeyance under Title 77, Chapter 2a, Pleas in Abeyance,
3517     regardless of whether the charge was, or is, subsequently reduced in accordance with the plea
3518     agreement or reduced or dismissed in accordance with the plea agreement or the plea in
3519     abeyance agreement.
3520          (b) "Employee" means a member of a system or plan administered by the board.
3521          (c) (i) "Employment related offense" means a felony committed during employment or
3522     the term of an elected or appointed office with a participating employer that is:
3523          (A) during the performance of the employee's duties;
3524          (B) within the scope of the employee's employment; or
3525          (C) under color of the employee's authority.
3526          (ii) "Employment related offense" does not include any federal offense for conduct that
3527     is lawful under [Title 26, Chapter 61a, Utah Medical Cannabis Act] Title 26B, Chapter 4, Part
3528     2, Cannabinoid Research and Medical Cannabis.
3529          (2) (a) Notwithstanding any other provision of this title, an employee shall forfeit

3530     accrual of service credit, employer retirement related contributions, including employer
3531     contributions to the employer sponsored defined contribution plans, or other retirement related
3532     benefits from a system or plan under this title in accordance with this section.
3533          (b) The forfeiture of retirement related benefits under Subsection (2)(a) does not
3534     include the employee's contribution to a defined contribution plan.
3535          (3) An employee shall forfeit the benefits described under Subsection (2)(a):
3536          (a) if the employee is convicted of an employment related offense;
3537          (b) beginning on the day on which the employment related offense occurred; and
3538          (c) until the employee is either:
3539          (i) re-elected or reappointed to office; or
3540          (ii) (A) terminated from the position for which the employee was found to have
3541     committed an employment related offense; and
3542          (B) rehired or hired as an employee who is eligible to be a member of a Utah state
3543     retirement system or plan.
3544          (4) The employee's participating employer shall:
3545          (a) immediately notify the office:
3546          (i) if an employee is charged with an offense that is or may be an employment related
3547     offense under this section; and
3548          (ii) if the employee described in Subsection (4)(a)(i) is acquitted of the offense that is
3549     or may be an employment related offense under this section; and
3550          (b) if the employee is convicted of an offense that may be an employment related
3551     offense:
3552          (i) conduct an investigation, which may rely on the conviction, to determine:
3553          (A) whether the conviction is for an employment related offense; and
3554          (B) the date on which the employment related offense was initially committed; and
3555          (ii) after the period of time for an appeal by an employee under Subsection (5),
3556     immediately notify the office of the employer's determination under this Subsection (4)(b).
3557          (5) An employee may appeal the employee's participating employer's determination

3558     under Subsection (4)(b) in accordance with the participating employer's procedures for
3559     appealing agency action, including Title 63G, Chapter 4, Administrative Procedures Act, if
3560     applicable.
3561          (6) (a) Notwithstanding Subsection (4), a district attorney, a county attorney, the
3562     attorney general's office, or the state auditor may notify the office and the employee's
3563     participating employer if an employee is charged with an offense that is or may be an
3564     employment related offense under this section.
3565          (b) If the employee's participating employer receives a notification under Subsection
3566     (6)(a), the participating employer shall immediately report to the entity that provided the
3567     notification under Subsection (6)(a):
3568          (i) if the employee is acquitted of the offense;
3569          (ii) if the employee is convicted of an offense that may be an employment related
3570     offense; and
3571          (iii) when the participating employer has concluded the participating employer's duties
3572     under this section if the employee is convicted, including conducting an investigation, making
3573     a determination under Subsection (4)(b) that the conviction was for an employment related
3574     offense, and notifying the office under Subsection (7).
3575          (c) The notifying entity under Subsection (6)(a) may assist the employee's participating
3576     employer with the investigation and determination described under Subsection (4)(b).
3577          (7) Upon receiving a notification from a participating employer that the participating
3578     employer has made a determination under Subsection (4)(b) that the conviction was for an
3579     employment related offense, the office shall immediately forfeit any service credit, employer
3580     retirement related contributions, including employer contributions to the employer sponsored
3581     contribution plans, or other retirement related benefits accrued by or made for the benefit of the
3582     employee, beginning on the date of the initial employment related offense determined under
3583     Subsection (4)(b).
3584          (8) This section applies to an employee who is convicted on or after the effective date
3585     of this act for an employment related offense.

3586          (9) The board may make rules to implement this section.
3587          (10) If any provision of this section, or the application of any provision to any person
3588     or circumstance, is held invalid, the remainder of this section shall be given effect without the
3589     invalid provision or application.
3590          Section 51. Section 49-12-202 is amended to read:
3591          49-12-202. Participation of employers -- Limitations -- Exclusions -- Admission
3592     requirements -- Exceptions -- Nondiscrimination requirements.
3593          (1) (a) Unless excluded under Subsection (2), an employer is a participating employer
3594     and may not withdraw from participation in this system.
3595          (b) In addition to participation in this system, a participating employer may provide or
3596     participate in public or private retirement, supplemental or defined contribution plan, either
3597     directly or indirectly, for the participating employer's employees.
3598          (2) The following employers may be excluded from participation in this system:
3599          (a) an employer not initially admitted or included as a participating employer in this
3600     system prior to January 1, 1982, if:
3601          (i) the employer elects not to provide or participate in any type of private or public
3602     retirement, supplemental or defined contribution plan, either directly or indirectly, for the
3603     employer's employees, except for Social Security; or
3604          (ii) the employer offers another collectively bargained retirement benefit and has
3605     continued to do so on an uninterrupted basis since that date;
3606          (b) an employer that is a charter school authorized under Title 53G, Chapter 5, Part 3,
3607     Charter School Authorization, and does not elect to participate in accordance with Section
3608     53G-5-407;
3609          (c) an employer that is a hospital created as a special service district under Title 17D,
3610     Chapter 1, Special Service District Act, that makes an election of nonparticipation in
3611     accordance with Subsection (4); or
3612          (d) an employer that is licensed as a nursing care facility under [Title 26, Chapter 21,
3613     Health Care Facility Licensing and Inspection Act] Title 26B, Chapter 2, Part 2, Health Care

3614     Facility Licensing and Inspection, and created as a special service district under Title 17D,
3615     Chapter 1, Special Service District Act, in a rural area of the state that makes an election of
3616     nonparticipation in accordance with Subsection (4).
3617          (3) An employer who did not become a participating employer in this system prior to
3618     July 1, 1986, may not participate in this system.
3619          (4) (a) (i) Until June 30, 2009, a employer that is a hospital created as a special service
3620     district under Title 17D, Chapter 1, Special Service District Act, may make an election of
3621     nonparticipation as an employer for retirement programs under this chapter.
3622          (ii) Until June 30, 2014, an employer that is licensed as a nursing care facility under
3623     [Title 26, Chapter 21, Health Care Facility Licensing and Inspection Act] Title 26B, Chapter 2,
3624     Part 2, Health Care Facility Licensing and Inspection, and created as a special service district
3625     under Title 17D, Chapter 1, Special Service District Act, in a rural area of the state may make
3626     an election of nonparticipation as an employer for retirement programs under this chapter.
3627          (b) An election provided under Subsection (4)(a):
3628          (i) is a one-time election made no later than the time specified under Subsection (4)(a);
3629          (ii) shall be documented by a resolution adopted by the governing body of the special
3630     service district;
3631          (iii) is irrevocable; and
3632          (iv) applies to the special service district as the employer and to all employees of the
3633     special service district.
3634          (c) The governing body of the special service district may offer employee benefit plans
3635     for special service district's employees:
3636          (i) under Title 49, Chapter 20, Public Employees' Benefit and Insurance Program Act;
3637     or
3638          (ii) under any other program.
3639          (5) (a) If a participating employer purchases service credit on behalf of a regular
3640     full-time employee for service rendered prior to the participating employer's admission to this
3641     system, the participating employer shall:

3642          (i) purchase service credit in a nondiscriminatory manner on behalf of all current and
3643     former regular full-time employees who were eligible for service credit at the time service was
3644     rendered; and
3645          (ii) comply with the provisions of Section 49-11-403, except for the requirement
3646     described in Subsection 49-11-403(2)(a).
3647          (b) For a purchase made under this Subsection (5), an employee is not required to:
3648          (i) have at least four years of service credit before the purchase can be made; or
3649          (ii) forfeit service credit or any defined contribution balance based on the employer
3650     contributions under any other retirement system or plan based on the period of employment for
3651     which service credit is being purchased.
3652          Section 52. Section 49-13-202 is amended to read:
3653          49-13-202. Participation of employers -- Limitations -- Exclusions -- Admission
3654     requirements -- Nondiscrimination requirements -- Service credit purchases.
3655          (1) (a) Unless excluded under Subsection (2), an employer is a participating employer
3656     and may not withdraw from participation in this system.
3657          (b) In addition to participation in this system, a participating employer may provide or
3658     participate in any additional public or private retirement, supplemental or defined contribution
3659     plan, either directly or indirectly, for the participating employer's employees.
3660          (2) The following employers may be excluded from participation in this system:
3661          (a) an employer not initially admitted or included as a participating employer in this
3662     system before January 1, 1982, if:
3663          (i) the employer elects not to provide or participate in any type of private or public
3664     retirement, supplemental or defined contribution plan, either directly or indirectly, for the
3665     employer's employees, except for Social Security; or
3666          (ii) the employer offers another collectively bargained retirement benefit and has
3667     continued to do so on an uninterrupted basis since that date;
3668          (b) an employer that is a charter school authorized under Title 53G, Chapter 5, Part 3,
3669     Charter School Authorization, and does not elect to participate in accordance with Section

3670     53G-5-407;
3671          (c) an employer that is a hospital created as a special service district under Title 17D,
3672     Chapter 1, Special Service District Act, that makes an election of nonparticipation in
3673     accordance with Subsection (5);
3674          (d) an employer that is licensed as a nursing care facility under [Title 26, Chapter 21,
3675     Health Care Facility Licensing and Inspection Act] Title 26B, Chapter 2, Part 2, Health Care
3676     Facility Licensing and Inspection, and created as a special service district under Title 17D,
3677     Chapter 1, Special Service District Act, in a rural area of the state that makes an election of
3678     nonparticipation in accordance with Subsection (5); or
3679          (e) an employer that is a risk management association initially created by interlocal
3680     agreement before 1986 for the purpose of implementing a self-insurance joint protection
3681     program for the benefit of member municipalities of the association.
3682          (3) If an employer that may be excluded under Subsection (2)(a)(i) elects at any time to
3683     provide or participate in any type of public or private retirement, supplemental or defined
3684     contribution plan, either directly or indirectly, except for Social Security, the employer shall be
3685     a participating employer in this system regardless of whether the employer has applied for
3686     admission under Subsection (4).
3687          (4) (a) An employer may, by resolution of the employer's governing body, apply for
3688     admission to this system.
3689          (b) Upon approval of the resolution by the board, the employer is a participating
3690     employer in this system and is subject to this title.
3691          (5) (a) (i) Until June 30, 2009, a employer that is a hospital created as a special service
3692     district under Title 17D, Chapter 1, Special Service District Act, may make an election of
3693     nonparticipation as an employer for retirement programs under this chapter.
3694          (ii) Until June 30, 2014, an employer that is licensed as a nursing care facility under
3695     [Title 26, Chapter 21, Health Care Facility Licensing and Inspection Act] Title 26B, Chapter 2,
3696     Part 2, Health Care Facility Licensing and Inspection, and created as a special service district
3697     under Title 17D, Chapter 1, Special Service District Act, in a rural area of the state may make

3698     an election of nonparticipation as an employer for retirement programs under this chapter.
3699          (iii) On or before July 1, 2010, an employer described in Subsection (2)(e) may make
3700     an election of nonparticipation as an employer for retirement programs under this chapter.
3701          (b) An election provided under Subsection (5)(a):
3702          (i) is a one-time election made no later than the time specified under Subsection (5)(a);
3703          (ii) shall be documented by a resolution adopted by the governing body of the
3704     employer;
3705          (iii) is irrevocable; and
3706          (iv) applies to the employer as described in Subsection (5)(a)(i), (ii), or (iii) and to all
3707     employees of that employer.
3708          (c) The employer making an election under Subsection (5)(a) may offer employee
3709     benefit plans for the employer's employees:
3710          (i) under Title 49, Chapter 20, Public Employees' Benefit and Insurance Program Act;
3711     or
3712          (ii) under any other program.
3713          (6) (a) If a participating employer purchases service credit on behalf of a regular
3714     full-time employee for service rendered prior to the participating employer's admission to this
3715     system, the participating employer shall:
3716          (i) purchase service credit in a nondiscriminatory manner on behalf of all current and
3717     former regular full-time employees who were eligible for service credit at the time service was
3718     rendered; and
3719          (ii) comply with the provisions of Section 49-11-403, except for the requirement
3720     described in Subsection 49-11-403(2)(a).
3721          (b) For a purchase made under this Subsection (6), an employee is not required to:
3722          (i) have at least four years of service credit before the purchase can be made; or
3723          (ii) forfeit service credit or any defined contribution balance based on the employer
3724     contributions under any other retirement system or plan based on the period of employment for
3725     which service credit is being purchased.

3726          Section 53. Section 49-20-201 is amended to read:
3727          49-20-201. Program participation -- Eligibility -- Optional for certain groups.
3728          (1) (a) The state shall participate in the program on behalf of the state's employees.
3729          (b) Other employers, including political subdivisions and educational institutions, are
3730     eligible, but are not required, to participate in the program on behalf of their employees.
3731          (2) (a) As provided in Subsection [26-40-110(5)] 26B-3-908(5), the Department of
3732     Health and Human Services may participate in the program for the purpose of providing health
3733     and dental benefits to children enrolled in the Utah Children's Health Insurance Program
3734     created in [Title 26, Chapter 40, Utah Children's Health Insurance Act] Title 26B, Chapter 3,
3735     Part 9, Utah Children's Health Insurance Program.
3736          (b) If the Department of Health and Human Services participates in the program under
3737     the provisions of this Subsection (2), all insurance risk associated with the Utah Children's
3738     Health Insurance Program shall be the responsibility of the Department of Health and Human
3739     Services and not the program or the office.
3740          (3) Volunteer emergency medical service personnel are eligible to participate in the
3741     program in accordance with Section [26-8a-603] 26B-4-136.
3742          (4) A covered individual shall be eligible for coverage after termination of employment
3743     under rules adopted by the board.
3744          (5) Only the following are eligible for Medicare supplement coverage under this
3745     chapter upon becoming eligible for Medicare Part A and Part B coverage:
3746          (a) retirees;
3747          (b) members;
3748          (c) participants;
3749          (d) employees who have medical employee benefit plan coverage at the time of their
3750     retirement; and
3751          (e) current spouses of those who are eligible under Subsections (5)(a) through (d).
3752          Section 54. Section 49-20-401 is amended to read:
3753          49-20-401. Program -- Powers and duties.

3754          (1) The program shall:
3755          (a) act as a self-insurer of employee benefit plans and administer those plans;
3756          (b) enter into contracts with private insurers or carriers to underwrite employee benefit
3757     plans as considered appropriate by the program;
3758          (c) indemnify employee benefit plans or purchase commercial reinsurance as
3759     considered appropriate by the program;
3760          (d) provide descriptions of all employee benefit plans under this chapter in cooperation
3761     with covered employers;
3762          (e) process claims for all employee benefit plans under this chapter or enter into
3763     contracts, after competitive bids are taken, with other benefit administrators to provide for the
3764     administration of the claims process;
3765          (f) obtain an annual actuarial review of all health and dental benefit plans and a
3766     periodic review of all other employee benefit plans;
3767          (g) consult with the covered employers to evaluate employee benefit plans and develop
3768     recommendations for benefit changes;
3769          (h) annually submit a budget and audited financial statements to the governor and
3770     Legislature that includes total projected benefit costs and administrative costs;
3771          (i) maintain reserves sufficient to liquidate the unrevealed claims liability and other
3772     liabilities of the employee benefit plans as certified by the program's consulting actuary;
3773          (j) submit, in advance, the program's recommended benefit adjustments for state
3774     employees to:
3775          (i) the Legislature; and
3776          (ii) the director of the state Division of Human Resource Management;
3777          (k) determine benefits and rates, upon approval of the board, for multi-employer risk
3778     pools, retiree coverage, and conversion coverage;
3779          (l) determine benefits and rates based on the total estimated costs and the employee
3780     premium share established by the Legislature, upon approval of the board, for state employees;
3781          (m) administer benefits and rates, upon ratification of the board, for single-employer

3782     risk pools;
3783          (n) request proposals for one or more out-of-state provider networks and a dental
3784     health plan administered by a third-party carrier at least once every three years for the purposes
3785     of:
3786          (i) stimulating competition for the benefit of covered individuals;
3787          (ii) establishing better geographical coverage of medical care services; and
3788          (iii) providing coverage for both active and retired covered individuals;
3789          (o) for a proposal that meets the criteria specified in a request for proposals and is
3790     accepted by the program:
3791          (i) offer the proposal to active and retired state-covered individuals; and
3792          (ii) at the option of the covered employer, offer the proposal to active and retired
3793     covered individuals of other covered employers;
3794          (p) perform the same functions established in Subsections (1)(a), (b), (e), and (h) for
3795     the Department of Health and Human Services if the program provides program benefits to
3796     children enrolled in the Utah Children's Health Insurance Program created in [Title 26, Chapter
3797     40, Utah Children's Health Insurance Act] Title 26B, Chapter 3, Part 9, Utah Children's Health
3798     Insurance Program;
3799          (q) establish rules and procedures governing the admission of political subdivisions or
3800     educational institutions and their employees to the program;
3801          (r) (i) contract directly with medical providers to provide services for covered
3802     individuals at commercially competitive rates; and
3803          (ii) (A) discontinue the preferred network, which offers in-network access to all
3804     in-state hospitals, for the state risk pool created in Subsection 49-20-202(1)(a) for plan years
3805     starting on or after July 1, 2022; and
3806          (B) for an employee in the state risk pool who fails to elect one of the remaining
3807     networks before July 1, 2022, enroll the employee and the employee's dependents into the
3808     network that best reflects the utilization pattern of that employee and the employee's
3809     dependents;

3810          (s) (i) require state employees and the state employees' dependents to participate in the
3811     electronic exchange of clinical health records in accordance with Section [26-1-37] 26B-8-411
3812     unless the enrollee opts out of participation; and
3813          (ii) prior to enrolling the state employee, each time the state employee logs onto the
3814     program's website, and each time the enrollee receives written enrollment information from the
3815     program, provide notice to the enrollee of the enrollee's participation in the electronic exchange
3816     of clinical health records and the option to opt out of participation at any time;
3817          (t) at the request of a procurement unit, as that term is defined in Section 63G-6a-103,
3818     that administers benefits to program recipients who are not covered by [Title 26, Utah Health
3819     Code] Title 26B, Utah Health and Human Services Code, provide services for:
3820          (i) drugs;
3821          (ii) medical devices; or
3822          (iii) other types of medical care; and
3823          (u) take additional actions necessary or appropriate to carry out the purposes of this
3824     chapter.
3825          (2) (a) Funds budgeted and expended shall accrue from rates paid by the covered
3826     employers and covered individuals.
3827          (b) The board shall approve administrative costs and report the administrative costs to
3828     the governor and the Legislature.
3829          (3) The Division of Human Resource Management shall include the benefit
3830     adjustments described in Subsection (1)(j) in the total compensation plan recommended to the
3831     governor required under Subsection 63A-17-307(5)(a).
3832          (4) The program may establish a partnership with a public entity in a different state to
3833     purchase or share services related to the administration of medical benefits if:
3834          (a) the program receives approval for the partnership from the board; and
3835          (b) the partnership:
3836          (i) creates cost savings for Utah;
3837          (ii) does not commingle state funds with funds of the public entity in the other state;

3838     and
3839          (iii) does not pose a greater actuarial risk to Utah than the program has already
3840     assumed.
3841          Section 55. Section 49-20-414 is amended to read:
3842          49-20-414. Telemedicine services -- Reimbursement -- Reporting.
3843          (1) As used in this section:
3844          (a) "Network provider" means a health care provider who has an agreement with the
3845     program to provide health care services to a patient with an expectation of receiving payment,
3846     other than coinsurance, copayments, or deductibles, directly from the managed care
3847     organization.
3848          (b) "Telemedicine services" means the same as that term is defined in Section
3849     [26-60-102] 26B-4-704.
3850          (2) This section applies to the risk pool established for the state under Subsection
3851     49-20-201(1)(a).
3852          (3) The program shall, at the provider's request, reimburse a network provider for
3853     medically appropriate telemedicine services at a commercially reasonable rate.
3854          (4) Before November 1, 2019, the program shall report to the Legislature's Public
3855     Utilities, Energy, and Technology Interim Committee and Health Reform Task Force on:
3856          (a) the result of the reimbursement requirement described in Subsection (3);
3857          (b) existing and potential uses of telehealth and telemedicine services;
3858          (c) issues of reimbursement to a provider offering telehealth and telemedicine services;
3859          (d) potential rules or legislation related to:
3860          (i) providers offering and insurers reimbursing for telehealth and telemedicine services;
3861     and
3862          (ii) increasing access to health care, increasing the efficiency of health care, and
3863     decreasing the costs of health care; and
3864          (e) telemedicine services that the program declined to cover because the telemedicine
3865     services that were requested were not medically appropriate.

3866          Section 56. Section 49-20-421 is amended to read:
3867          49-20-421. Prescription discount program.
3868          (1) As used in this section:
3869          (a) "Diabetes" means:
3870          (i) complete insulin deficiency or type 1 diabetes;
3871          (ii) insulin resistant with partial insulin deficiency or type 2 diabetes; or
3872          (iii) elevated blood glucose levels induced by pregnancy or gestational diabetes.
3873          (b) "Discount program" means a process developed by the program that allows
3874     participants to purchase a qualified prescription at a discounted, post-rebate rate.
3875          (c) "Epinephrine auto-injector" means the same as that term is defined in Section
3876     [26-41-102] 26B-4-401.
3877          (d) "Individual with diabetes" means an individual who has been diagnosed with
3878     diabetes and who uses insulin to treat diabetes.
3879          (e) "Insulin" means a prescription drug that contains insulin.
3880          (f) "Participant" means a resident of Utah who:
3881          (i) has a qualified condition;
3882          (ii) does not receive health coverage under the program; and
3883          (iii) enrolls in the discount program.
3884          (g) "Prescription drug" means the same as that term is defined in Section 58-17b-102.
3885          (h) "Qualified condition" means the individual:
3886          (i) uses insulin to treat diabetes; or
3887          (ii) has a prescription or a standing prescription drug order for an epinephrine
3888     auto-injector issued under Section 58-17b-1005.
3889          (i) "Qualified prescription" means:
3890          (i) insulin; or
3891          (ii) epinephrine auto-injector.
3892          (j) "Rebate" means the same as that term is defined in Section 31A-46-102.
3893          (2) Notwithstanding Subsection 49-20-201(1), and for the purpose of the discount

3894     program only, the program shall offer a discount program that allows participants to purchase a
3895     qualified prescription at a discounted, post-rebate price when a rebate is available.
3896          (3) The discount program described in Subsection (2) shall:
3897          (a) provide a participant with a card or electronic document that identifies the
3898     participant as eligible for the discount on a qualified prescription related to the participant's
3899     qualified condition;
3900          (b) provide a participant with information about pharmacies that will honor the
3901     discount;
3902          (c) allow a participant to purchase a qualified prescription at a discounted, post-rebate
3903     price; and
3904          (d) provide a participant with instructions to pursue a reimbursement of the purchase
3905     price from the participant's health insurer.
3906          (4) The discount program shall charge a price for a qualified prescription that allows
3907     the program to retain only enough of any rebate for the qualified prescription to make the state
3908     risk pool whole for providing a discounted qualified prescription to participants.
3909          Section 57. Section 51-2a-102 is amended to read:
3910          51-2a-102. Definitions.
3911          As used in this chapter:
3912          (1) "Accounting reports" means an audit, a review, a compilation, or a fiscal report.
3913          (2) "Audit" means an examination that:
3914          (a) is performed in accordance with generally accepted government auditing standards,
3915     or for a nonprofit corporation or a governmental nonprofit corporation, in accordance with
3916     generally accepted auditing standards; and
3917          (b) conforms to the uniform classification of accounts established or approved by the
3918     state auditor or any other classification of accounts established by any federal government
3919     agency.
3920          (3) "Audit report" means:
3921          (a) the financial statements presented in conformity with generally accepted accounting

3922     principles;
3923          (b) the auditor's opinion on the financial statements;
3924          (c) a statement by the auditor expressing positive assurance of compliance with state
3925     fiscal laws identified by the state auditor;
3926          (d) a copy of the auditor's letter to management that identifies any material weakness in
3927     internal controls discovered by the auditor and other financial issues related to the expenditure
3928     of funds received from federal, state, or local governments to be considered by management;
3929     and
3930          (e) management's response to the specific recommendations.
3931          (4) "Compilation" means information presented in the form of financial statements
3932     presented in conformity with generally accepted accounting principles that are the
3933     representation of management without the accountant undertaking to express any assurances on
3934     the statements.
3935          (5) "Fiscal report" means providing information detailing revenues and expenditures of
3936     all funds in a format prescribed by the state auditor.
3937          (6) "Governing board" means:
3938          (a) the governing board of each political subdivision;
3939          (b) the governing board of each interlocal organization having the power to tax or to
3940     expend public funds;
3941          (c) the governing board of any local mental health authority established under the
3942     authority of [Title 62A, Chapter 15, Substance Abuse and Mental Health Act] Title 26B,
3943     Chapter 5, Health Care - Substance Use and Mental Health;
3944          (d) the governing board of any substance abuse authority established under the
3945     authority of [Title 62A, Chapter 15, Substance Abuse and Mental Health Act] Title 26B,
3946     Chapter 5, Health Care - Substance Use and Mental Health;
3947          (e) the governing board of any area agency established under the authority of [Title
3948     62A, Chapter 3, Aging and Adult Services] Title 26B, Chapter 6, Part 1, Aging and Adult
3949     Services;

3950          (f) the board of directors of any nonprofit corporation that receives an amount of
3951     money requiring an accounting report under Section 51-2a-201.5;
3952          (g) the governing board, as that term is defined in Section 11-13a-102, of a
3953     governmental nonprofit corporation;
3954          (h) the governing board of any other entity established by a local governmental unit
3955     that receives tax exempt status for bonding or taxing purposes; and
3956          (i) in municipalities organized under an optional form of municipal government, the
3957     municipal legislative body.
3958          (7) "Governmental nonprofit corporation" means the same as that term is defined in
3959     Section 11-13a-102.
3960          (8) "Nonprofit corporation" does not include a governmental nonprofit corporation.
3961          (9) "Review" means performing inquiry and analytical procedures that provide the
3962     accountant with a reasonable basis for expressing limited assurance that there are no material
3963     modifications that should be made to the financial statements for them to be in conformity with
3964     generally accepted accounting principles.
3965          Section 58. Section 51-7-2 is amended to read:
3966          51-7-2. Exemptions from chapter.
3967          The following funds are exempt from this chapter:
3968          (1) funds invested in accordance with the participating employees' designation or
3969     direction pursuant to a public employees' deferred compensation plan established and operated
3970     in compliance with Section 457 of the Internal Revenue Code of 1986, as amended;
3971          (2) funds of the Utah State Retirement Board;
3972          (3) funds of the Utah Housing Corporation;
3973          (4) endowment funds of higher education institutions, including funds of the Higher
3974     Education Student Success Endowment, created in Section 53B-7-801;
3975          (5) permanent and other land grant trust funds established pursuant to the Utah
3976     Enabling Act and the Utah Constitution;
3977          (6) the State Post-Retirement Benefits Trust Fund;

3978          (7) the funds of the Utah Educational Savings Plan;
3979          (8) funds of the permanent state trust fund created by and operated under Utah
3980     Constitution, Article XXII, Section 4;
3981          (9) the funds in the Navajo Trust Fund;
3982          (10) the funds in the Radioactive Waste Perpetual Care and Maintenance Account;
3983          (11) the funds in the Employers' Reinsurance Fund;
3984          (12) the funds in the Uninsured Employers' Fund;
3985          (13) the Utah State Developmental Center Long-Term Sustainability Fund, created in
3986     Section [62A-5-206.7] 26B-1-331;
3987          (14) the funds in the Risk Management Fund created in Section 63A-4-201; and
3988          (15) the Utah fund of funds created in Section 63N-6-401.
3989          Section 59. Section 51-9-201 is amended to read:
3990          51-9-201. Creation of Tobacco Settlement Restricted Account.
3991          (1) There is created within the General Fund a restricted account known as the
3992     "Tobacco Settlement Restricted Account."
3993          (2) The account shall earn interest.
3994          (3) The account shall consist of:
3995          (a) on and after July 1, 2007, 60% of all funds of every kind that are received by the
3996     state that are related to the settlement agreement that the state entered into with leading tobacco
3997     manufacturers on November 23, 1998; and
3998          (b) interest earned on the account.
3999          (4) To the extent that funds will be available for appropriation in a given fiscal year,
4000     those funds shall be appropriated from the account in the following order:
4001          (a) $66,600 to the Office of the Attorney General for ongoing enforcement and defense
4002     of the Tobacco Settlement Agreement;
4003          (b) $18,500 to the State Tax Commission for ongoing enforcement of business
4004     compliance with the Tobacco Tax Settlement Agreement;
4005          (c) $11,022,900 to the Department of Health and Human Services for:

4006          (i) children in the Medicaid program created in [Title 26, Chapter 18, Medical
4007     Assistance Act] Title 26B, Chapter 3, Health Care - Administration and Assistance, and the
4008     Children's Health Insurance Program created in Section [26-40-103] 26B-3-902; and
4009          (ii) for restoration of dental benefits in the Children's Health Insurance Program;
4010          (d) $3,277,100 to the Department of Health and Human Services for alcohol, tobacco,
4011     and other drug prevention, reduction, cessation, and control programs that promote unified
4012     messages and make use of media outlets, including radio, newspaper, billboards, and
4013     television, and with a preference in funding given to tobacco-related programs;
4014          (e) $193,700 to the Administrative Office of the Courts and $2,325,400 to the
4015     Department of Health and Human Services for the statewide expansion of the drug court
4016     program;
4017          (f) $4,000,000 to the Utah Board of Higher Education for the University of Utah
4018     Health Sciences Center to benefit the health and well-being of Utah citizens through in-state
4019     research, treatment, and educational activities; and
4020          (g) any remaining funds as directed by the Legislature through appropriation.
4021          Section 60. Section 51-9-203 is amended to read:
4022          51-9-203. Requirements for tobacco and electronic cigarette programs.
4023          (1) To be eligible to receive funding under this part for a tobacco prevention, reduction,
4024     cessation, or control program, an organization, whether private, governmental, or
4025     quasi-governmental, shall:
4026          (a) submit a request to the Department of Health and Human Services containing the
4027     following information:
4028          (i) for media campaigns to prevent or reduce smoking, the request shall demonstrate
4029     sound management and periodic evaluation of the campaign's relevance to the intended
4030     audience, particularly in campaigns directed toward youth, including audience awareness of the
4031     campaign and recollection of the main message;
4032          (ii) for school-based education programs to prevent and reduce youth smoking, the
4033     request shall describe how the program will be effective in preventing and reducing youth

4034     smoking;
4035          (iii) for community-based programs to prevent and reduce smoking, the request shall
4036     demonstrate that the proposed program:
4037          (A) has a comprehensive strategy with a clear mission and goals;
4038          (B) provides for committed, caring, and professional leadership; and
4039          (C) if directed toward youth:
4040          (I) offers youth-centered activities in youth accessible facilities;
4041          (II) is culturally sensitive, inclusive, and diverse;
4042          (III) involves youth in the planning, delivery, and evaluation of services that affect
4043     them; and
4044          (IV) offers a positive focus that is inclusive of all youth; and
4045          (iv) for enforcement, control, and compliance program, the request shall demonstrate
4046     that the proposed program can reasonably be expected to reduce the extent to which tobacco
4047     products and electronic cigarette products, as those terms are defined in Section 76-10-101, are
4048     available to individuals under 21 years old;
4049          (b) agree, by contract, to file an annual written report with the Department of Health
4050     and Human Services that contains the following:
4051          (i) the amount funded;
4052          (ii) the amount expended;
4053          (iii) a description of the program or campaign and the number of adults and youth who
4054     participated;
4055          (iv) specific elements of the program or campaign meeting the applicable criteria set
4056     forth in Subsection (1)(a); and
4057          (v) a statement concerning the success and effectiveness of the program or campaign;
4058          (c) agree, by contract, to not use any funds received under this part directly or
4059     indirectly, to:
4060          (i) engage in any lobbying or political activity, including the support of, or opposition
4061     to, candidates, ballot questions, referenda, or similar activities; or

4062          (ii) engage in litigation with any tobacco manufacturer, retailer, or distributor, except to
4063     enforce:
4064          (A) the provisions of the Master Settlement Agreement;
4065          (B) [Title 26, Chapter 38, Utah Indoor Clean Air Act] Title 26B, Chapter 7, Part 6,
4066     Regulation of Smoking, Tobacco Products, and Nicotine Products;
4067          (C) [Title 26, Chapter 62, Part 3, Enforcement] Sections 26B-7-514 through
4068     26B-7-520; and
4069          (D) Title 77, Chapter 39, Sale of Tobacco or Alcohol to Under Age Persons; and
4070          (d) agree, by contract, to repay the funds provided under this part if the organization:
4071          (i) fails to file a timely report as required by Subsection (1)(b); or
4072          (ii) uses any portion of the funds in violation of Subsection (1)(c).
4073          (2) The Department of Health and Human Services shall review and evaluate the
4074     success and effectiveness of any program or campaign that receives funding pursuant to a
4075     request submitted under Subsection (1). The review and evaluation:
4076          (a) shall include a comparison of annual smoking trends;
4077          (b) may be conducted by an independent evaluator; and
4078          (c) may be paid for by funds appropriated from the account for that purpose.
4079          (3) An organization that fails to comply with the contract requirements set forth in
4080     Subsection (1) shall:
4081          (a) repay the state as provided in Subsection (1)(d); and
4082          (b) be disqualified from receiving funds under this part in any subsequent fiscal year.
4083          (4) The attorney general shall be responsible for recovering funds that are required to
4084     be repaid to the state under this section.
4085          (5) Nothing in this section may be construed as applying to funds that are not
4086     appropriated under this part.
4087          Section 61. Section 52-4-205 is amended to read:
4088          52-4-205. Purposes of closed meetings -- Certain issues prohibited in closed
4089     meetings.

4090          (1) A closed meeting described under Section 52-4-204 may only be held for:
4091          (a) except as provided in Subsection (3), discussion of the character, professional
4092     competence, or physical or mental health of an individual;
4093          (b) strategy sessions to discuss collective bargaining;
4094          (c) strategy sessions to discuss pending or reasonably imminent litigation;
4095          (d) strategy sessions to discuss the purchase, exchange, or lease of real property,
4096     including any form of a water right or water shares, or to discuss a proposed development
4097     agreement, project proposal, or financing proposal related to the development of land owned by
4098     the state, if public discussion would:
4099          (i) disclose the appraisal or estimated value of the property under consideration; or
4100          (ii) prevent the public body from completing the transaction on the best possible terms;
4101          (e) strategy sessions to discuss the sale of real property, including any form of a water
4102     right or water shares, if:
4103          (i) public discussion of the transaction would:
4104          (A) disclose the appraisal or estimated value of the property under consideration; or
4105          (B) prevent the public body from completing the transaction on the best possible terms;
4106          (ii) the public body previously gave public notice that the property would be offered for
4107     sale; and
4108          (iii) the terms of the sale are publicly disclosed before the public body approves the
4109     sale;
4110          (f) discussion regarding deployment of security personnel, devices, or systems;
4111          (g) investigative proceedings regarding allegations of criminal misconduct;
4112          (h) as relates to the Independent Legislative Ethics Commission, conducting business
4113     relating to the receipt or review of ethics complaints;
4114          (i) as relates to an ethics committee of the Legislature, a purpose permitted under
4115     Subsection 52-4-204(1)(a)(iii)(C);
4116          (j) as relates to the Independent Executive Branch Ethics Commission created in
4117     Section 63A-14-202, conducting business relating to an ethics complaint;

4118          (k) as relates to a county legislative body, discussing commercial information as
4119     defined in Section 59-1-404;
4120          (l) as relates to the Utah Higher Education Assistance Authority and its appointed
4121     board of directors, discussing fiduciary or commercial information as defined in Section
4122     53B-12-102;
4123          (m) deliberations, not including any information gathering activities, of a public body
4124     acting in the capacity of:
4125          (i) an evaluation committee under Title 63G, Chapter 6a, Utah Procurement Code,
4126     during the process of evaluating responses to a solicitation, as defined in Section 63G-6a-103;
4127          (ii) a protest officer, defined in Section 63G-6a-103, during the process of making a
4128     decision on a protest under Title 63G, Chapter 6a, Part 16, Protests; or
4129          (iii) a procurement appeals panel under Title 63G, Chapter 6a, Utah Procurement
4130     Code, during the process of deciding an appeal under Title 63G, Chapter 6a, Part 17,
4131     Procurement Appeals Board;
4132          (n) the purpose of considering information that is designated as a trade secret, as
4133     defined in Section 13-24-2, if the public body's consideration of the information is necessary to
4134     properly conduct a procurement under Title 63G, Chapter 6a, Utah Procurement Code;
4135          (o) the purpose of discussing information provided to the public body during the
4136     procurement process under Title 63G, Chapter 6a, Utah Procurement Code, if, at the time of
4137     the meeting:
4138          (i) the information may not, under Title 63G, Chapter 6a, Utah Procurement Code, be
4139     disclosed to a member of the public or to a participant in the procurement process; and
4140          (ii) the public body needs to review or discuss the information to properly fulfill its
4141     role and responsibilities in the procurement process;
4142          (p) as relates to the governing board of a governmental nonprofit corporation, as that
4143     term is defined in Section 11-13a-102, the purpose of discussing information that is designated
4144     as a trade secret, as that term is defined in Section 13-24-2, if:
4145          (i) public knowledge of the discussion would reasonably be expected to result in injury

4146     to the owner of the trade secret; and
4147          (ii) discussion of the information is necessary for the governing board to properly
4148     discharge the board's duties and conduct the board's business;
4149          (q) as it relates to the Cannabis Production Establishment Licensing Advisory Board,
4150     to review confidential information regarding violations and security requirements in relation to
4151     the operation of cannabis production establishments; or
4152          (r) a purpose for which a meeting is required to be closed under Subsection (2).
4153          (2) The following meetings shall be closed:
4154          (a) a meeting of the Health and Human Services Interim Committee to review a report
4155     described in Subsection [62A-16-301(1)(a)] 26B-1-506(1)(a), and the responses to the report
4156     described in Subsections [62A-16-301(2) and (4)] 26B-1-506(2) and (4);
4157          (b) a meeting of the Child Welfare Legislative Oversight Panel to:
4158          (i) review a report described in Subsection [62A-16-301(1)(a)] 26B-1-506(1)(a), and
4159     the responses to the report described in Subsections [62A-16-301(2) and (4)] 26B-1-506(2) and
4160     (4); or
4161          (ii) review and discuss an individual case, as described in Subsection 36-33-103(2);
4162          (c) a meeting of the Opioid and Overdose Fatality Review Committee, created in
4163     Section [26-7-13] 26B-1-403, to review and discuss an individual case, as described in
4164     Subsection [26-7-13(10)] 26B-1-403(10);
4165          (d) a meeting of a conservation district as defined in Section 17D-3-102 for the
4166     purpose of advising the Natural Resource Conservation Service of the United States
4167     Department of Agriculture on a farm improvement project if the discussed information is
4168     protected information under federal law;
4169          (e) a meeting of the Compassionate Use Board established in Section [26-61a-105]
4170     26B-1-421 for the purpose of reviewing petitions for a medical cannabis card in accordance
4171     with Section [26-61a-105] 26B-1-421;
4172          (f) a meeting of the Colorado River Authority of Utah if:
4173          (i) the purpose of the meeting is to discuss an interstate claim to the use of the water in

4174     the Colorado River system; and
4175          (ii) failing to close the meeting would:
4176          (A) reveal the contents of a record classified as protected under Subsection
4177     63G-2-305(82);
4178          (B) reveal a legal strategy relating to the state's claim to the use of the water in the
4179     Colorado River system;
4180          (C) harm the ability of the Colorado River Authority of Utah or river commissioner to
4181     negotiate the best terms and conditions regarding the use of water in the Colorado River
4182     system; or
4183          (D) give an advantage to another state or to the federal government in negotiations
4184     regarding the use of water in the Colorado River system;
4185          (g) a meeting of the General Regulatory Sandbox Program Advisory Committee if:
4186          (i) the purpose of the meeting is to discuss an application for participation in the
4187     regulatory sandbox as defined in Section 63N-16-102; and
4188          (ii) failing to close the meeting would reveal the contents of a record classified as
4189     protected under Subsection 63G-2-305(83);
4190          (h) a meeting of a project entity if:
4191          (i) the purpose of the meeting is to conduct a strategy session to discuss market
4192     conditions relevant to a business decision regarding the value of a project entity asset if the
4193     terms of the business decision are publicly disclosed before the decision is finalized and a
4194     public discussion would:
4195          (A) disclose the appraisal or estimated value of the project entity asset under
4196     consideration; or
4197          (B) prevent the project entity from completing on the best possible terms a
4198     contemplated transaction concerning the project entity asset;
4199          (ii) the purpose of the meeting is to discuss a record, the disclosure of which could
4200     cause commercial injury to, or confer a competitive advantage upon a potential or actual
4201     competitor of, the project entity;

4202          (iii) the purpose of the meeting is to discuss a business decision, the disclosure of
4203     which could cause commercial injury to, or confer a competitive advantage upon a potential or
4204     actual competitor of, the project entity; or
4205          (iv) failing to close the meeting would prevent the project entity from getting the best
4206     price on the market; and
4207          (i) a meeting of the School Activity Eligibility Commission, described in Section
4208     53G-6-1003, if the commission is in effect in accordance with Section 53G-6-1002, to
4209     consider, discuss, or determine, in accordance with Section 53G-6-1004, an individual student's
4210     eligibility to participate in an interscholastic activity, as that term is defined in Section
4211     53G-6-1001, including the commission's determinative vote on the student's eligibility.
4212          (3) In a closed meeting, a public body may not:
4213          (a) interview a person applying to fill an elected position;
4214          (b) discuss filling a midterm vacancy or temporary absence governed by Title 20A,
4215     Chapter 1, Part 5, Candidate Vacancy and Vacancy and Temporary Absence in Elected Office;
4216     or
4217          (c) discuss the character, professional competence, or physical or mental health of the
4218     person whose name was submitted for consideration to fill a midterm vacancy or temporary
4219     absence governed by Title 20A, Chapter 1, Part 5, Candidate Vacancy and Vacancy and
4220     Temporary Absence in Elected Office.
4221          Section 62. Section 53-1-106 is amended to read:
4222          53-1-106. Department duties -- Powers.
4223          (1) In addition to the responsibilities contained in this title, the department shall:
4224          (a) make rules and perform the functions specified in Title 41, Chapter 6a, Traffic
4225     Code, including:
4226          (i) setting performance standards for towing companies to be used by the department,
4227     as required by Section 41-6a-1406; and
4228          (ii) advising the Department of Transportation regarding the safe design and operation
4229     of school buses, as required by Section 41-6a-1304;

4230          (b) make rules to establish and clarify standards pertaining to the curriculum and
4231     teaching methods of a motor vehicle accident prevention course under Section 31A-19a-211;
4232          (c) aid in enforcement efforts to combat drug trafficking;
4233          (d) meet with the Division of Technology Services to formulate contracts, establish
4234     priorities, and develop funding mechanisms for dispatch and telecommunications operations;
4235          (e) provide assistance to the Crime Victim Reparations Board and the Utah Office for
4236     Victims of Crime in conducting research or monitoring victims' programs, as required by
4237     Section 63M-7-505;
4238          (f) develop sexual assault exam protocol standards in conjunction with the Utah
4239     Hospital Association;
4240          (g) engage in emergency planning activities, including preparation of policy and
4241     procedure and rulemaking necessary for implementation of the federal Emergency Planning
4242     and Community Right to Know Act of 1986, as required by Section 53-2a-702;
4243          (h) implement the provisions of Section 53-2a-402, the Emergency Management
4244     Assistance Compact;
4245          (i) ensure that any training or certification required of a public official or public
4246     employee, as those terms are defined in Section 63G-22-102, complies with Title 63G, Chapter
4247     22, State Training and Certification Requirements, if the training or certification is required:
4248          (i) under this title;
4249          (ii) by the department; or
4250          (iii) by an agency or division within the department;
4251          (j) employ a law enforcement officer as a public safety liaison to be housed at the State
4252     Board of Education who shall work with the State Board of Education to:
4253          (i) support training with relevant state agencies for school resource officers as
4254     described in Section 53G-8-702;
4255          (ii) coordinate the creation of model policies and memorandums of understanding for a
4256     local education agency and a local law enforcement agency; and
4257          (iii) ensure cooperation between relevant state agencies, a local education agency, and

4258     a local law enforcement agency to foster compliance with disciplinary related statutory
4259     provisions, including Sections 53E-3-516 and 53G-8-211; and
4260          (k) provide for the security and protection of public officials, public officials' staff, and
4261     the capitol hill complex in accordance with the provisions of this part.
4262          (2) (a) The department shall establish a schedule of fees as required or allowed in this
4263     title for services provided by the department.
4264          (b) All fees not established in statute shall be established in accordance with Section
4265     63J-1-504.
4266          (3) The department may establish or contract for the establishment of an Organ
4267     Procurement Donor Registry in accordance with Section [26-28-120] 26B-8-319.
4268          Section 63. Section 53-2a-218 is amended to read:
4269          53-2a-218. Legislative Emergency Response Committee.
4270          (1) There is created an ad hoc committee known as the Legislative Emergency
4271     Response Committee.
4272          (2) (a) The committee membership includes:
4273          (i) the same membership as the Executive Appropriations Committee as constituted at
4274     the time the committee is convened;
4275          (ii) between four and six additional members designated by the speaker of the House of
4276     Representatives, chosen from the following:
4277          (A) one or more members of the House of Representatives that serve as chair or
4278     vice-chair of a legislative committee with a subject matter focus relevant to the current
4279     emergency;
4280          (B) one or more members of the House of Representatives with relevant expertise or
4281     experience relevant to the current emergency; or
4282          (C) one or more members of the House of Representatives from a minority party that
4283     serves on a relevant legislative committee or that has expertise and experience relevant to the
4284     current emergency; and
4285          (iii) between four and six additional members designated by the president of the

4286     Senate, chosen from the following:
4287          (A) one or more members of the Senate that serve as chair or vice-chair of a legislative
4288     committee with a subject matter focus relevant to the current emergency;
4289          (B) one or more members of the Senate with relevant expertise or experience relevant
4290     to the current emergency; or
4291          (C) one or more members of the Senate from a minority party that serves on a relevant
4292     legislative committee or that has expertise and experience relevant to the current emergency.
4293          (b) The speaker of the House of Representatives and the president of the Senate shall
4294     coordinate to ensure they each appoint the same number of legislators as described under
4295     Subsections (2)(a)(ii) and (iii).
4296          (3) The speaker of the House of Representatives and the president of the Senate shall
4297     serve as chairs of the committee.
4298          (4) The Office of Legislative Research and General Counsel shall provide staff support
4299     to the committee.
4300          (5) (a) If the governor declares a state of emergency as described in this chapter, and
4301     the governor finds that the emergency conditions warrant an extension of the state of
4302     emergency beyond the 30-day term or another date designated by the Legislature as described
4303     in Section 53-2a-206, the governor shall provide written notice to the speaker of the House of
4304     Representatives and the president of the Senate at least 10 days before the expiration of the
4305     state of emergency.
4306          (b) If the speaker of the House of Representatives and the president of the Senate
4307     receive notice as described in Subsection (5)(a) for a state of emergency within the first 30 days
4308     from the initial declaration of the state of emergency, or from the Department of Health and
4309     Human Services as described in Section [26-23b-104] 26B-7-317, or from a local health
4310     department as described in Section 26A-1-121, the speaker of the House of Representatives
4311     and the president of the Senate:
4312          (i) shall poll the members of their respective bodies to determine whether the
4313     Legislature will extend the state of emergency; and

4314          (ii) may jointly convene the committee.
4315          (c) If the speaker of the House of Representatives and the president of the Senate
4316     receive notice as described in Subsection (5)(a) for a state of emergency that has been extended
4317     beyond 30 days from the initial declaration of a state of emergency, the speaker of the House of
4318     Representatives and the president of the Senate shall jointly convene the committee.
4319          (6) If the committee is convened as described in Subsection (5), the committee shall
4320     conduct a public meeting to:
4321          (a) discuss the nature of the emergency and conditions of the emergency;
4322          (b) evaluate options for emergency response;
4323          (c) receive testimony from individuals with expertise relevant to the current
4324     emergency;
4325          (d) receive testimony from members of the public; and
4326          (e) provide a recommendation to the Legislature whether to extend the state of
4327     emergency by joint resolution.
4328          Section 64. Section 53-2c-102 is amended to read:
4329          53-2c-102. Definitions.
4330          (1) "Commission" means the Public Health and Economic Emergency Commission
4331     created in Section 53-2c-201.
4332          (2) "COVID-19" means:
4333          (a) severe acute respiratory syndrome coronavirus 2; or
4334          (b) the disease caused by severe acute respiratory syndrome coronavirus 2.
4335          (3) "COVID-19 emergency" means the spread of COVID-19 that the World Health
4336     Organization declared a pandemic on March 11, 2020.
4337          (4) "Elective surgery or procedure" means a surgery or procedure that is not medically
4338     necessary to correct a serious medical condition or preserve the life of a patient.
4339          (5) "Epidemic or pandemic disease" means the same as that term is defined in Section
4340     [26-23b-102] 26B-7-301.
4341          (6) "Local ordinance or order" means an ordinance, order, or other regulation enacted

4342     or issued by a local government entity.
4343          (7) "Public health emergency" means an occurrence or imminent credible threat of an
4344     illness or health condition:
4345          (a) that is caused by epidemic or pandemic disease;
4346          (b) that poses a substantial risk of a significant number of human fatalities or incidents
4347     of permanent or long-term disability; and
4348          (c) for which the governor has declared a state of emergency under Title 53, Chapter
4349     2a, Part 2, Disaster Response and Recovery Act.
4350          Section 65. Section 53-3-102 is amended to read:
4351          53-3-102. Definitions.
4352          As used in this chapter:
4353          (1) "Autocycle" means a motor vehicle that:
4354          (a) is designed to travel with three or fewer wheels in contact with the ground; and
4355          (b) is equipped with:
4356          (i) a steering mechanism;
4357          (ii) seat belts; and
4358          (iii) seating that does not require the operator to straddle or sit astride the motor
4359     vehicle.
4360          (2) "Cancellation" means the termination by the division of a license issued through
4361     error or fraud or for which consent under Section 53-3-211 has been withdrawn.
4362          (3) "Class D license" means the class of license issued to drive motor vehicles not
4363     defined as commercial motor vehicles or motorcycles under this chapter.
4364          (4) "Commercial driver instruction permit" or "CDIP" means a commercial learner
4365     permit:
4366          (a) issued under Section 53-3-408; or
4367          (b) issued by a state or other jurisdiction of domicile in compliance with the standards
4368     contained in 49 C.F.R. Part 383.
4369          (5) "Commercial driver license" or "CDL" means a license:

4370          (a) issued substantially in accordance with the requirements of Title XII, Pub. L.
4371     99-570, the Commercial Motor Vehicle Safety Act of 1986, and in accordance with Part 4,
4372     Uniform Commercial Driver License Act, which authorizes the holder to drive a class of
4373     commercial motor vehicle; and
4374          (b) that was obtained by providing evidence of lawful presence in the United States
4375     with one of the document requirements described in Subsection 53-3-410(1)(i)(i).
4376          (6) (a) "Commercial driver license motor vehicle record" or "CDL MVR" means a
4377     driving record that:
4378          (i) applies to a person who holds or is required to hold a commercial driver instruction
4379     permit or a CDL license; and
4380          (ii) contains the following:
4381          (A) information contained in the driver history, including convictions, pleas held in
4382     abeyance, disqualifications, and other licensing actions for violations of any state or local law
4383     relating to motor vehicle traffic control, committed in any type of vehicle;
4384          (B) driver self-certification status information under Section 53-3-410.1; and
4385          (C) information from medical certification record keeping in accordance with 49
4386     C.F.R. Sec. 383.73(o).
4387          (b) "Commercial driver license motor vehicle record" or "CDL MVR" does not mean a
4388     motor vehicle record described in Subsection (30).
4389          (7) (a) "Commercial motor vehicle" means a motor vehicle or combination of motor
4390     vehicles designed or used to transport passengers or property if the motor vehicle:
4391          (i) has a gross vehicle weight rating of 26,001 or more pounds or a lesser rating as
4392     determined by federal regulation;
4393          (ii) is designed to transport 16 or more passengers, including the driver; or
4394          (iii) is transporting hazardous materials and is required to be placarded in accordance
4395     with 49 C.F.R. Part 172, Subpart F.
4396          (b) The following vehicles are not considered a commercial motor vehicle for purposes
4397     of Part 4, Uniform Commercial Driver License Act:

4398          (i) equipment owned and operated by the United States Department of Defense when
4399     driven by any active duty military personnel and members of the reserves and national guard on
4400     active duty including personnel on full-time national guard duty, personnel on part-time
4401     training, and national guard military technicians and civilians who are required to wear military
4402     uniforms and are subject to the code of military justice;
4403          (ii) vehicles controlled and driven by a farmer to transport agricultural products, farm
4404     machinery, or farm supplies to or from a farm within 150 miles of his farm but not in operation
4405     as a motor carrier for hire;
4406          (iii) firefighting and emergency vehicles;
4407          (iv) recreational vehicles that are not used in commerce and are driven solely as family
4408     or personal conveyances for recreational purposes; and
4409          (v) vehicles used to provide transportation network services, as defined in Section
4410     13-51-102.
4411          (8) "Conviction" means any of the following:
4412          (a) an unvacated adjudication of guilt or a determination that a person has violated or
4413     failed to comply with the law in a court of original jurisdiction or an administrative proceeding;
4414          (b) an unvacated forfeiture of bail or collateral deposited to secure a person's
4415     appearance in court;
4416          (c) a plea of guilty or nolo contendere accepted by the court;
4417          (d) the payment of a fine or court costs; or
4418          (e) violation of a condition of release without bail, regardless of whether the penalty is
4419     rebated, suspended, or probated.
4420          (9) "Denial" or "denied" means the withdrawal of a driving privilege by the division to
4421     which the provisions of Title 41, Chapter 12a, Part 4, Proof of Owner's or Operator's Security,
4422     do not apply.
4423          (10) "Director" means the division director appointed under Section 53-3-103.
4424          (11) "Disqualification" means either:
4425          (a) the suspension, revocation, cancellation, denial, or any other withdrawal by a state

4426     of a person's privileges to drive a commercial motor vehicle;
4427          (b) a determination by the Federal Highway Administration, under 49 C.F.R. Part 386,
4428     that a person is no longer qualified to drive a commercial motor vehicle under 49 C.F.R. Part
4429     391; or
4430          (c) the loss of qualification that automatically follows conviction of an offense listed in
4431     49 C.F.R. Part 383.51.
4432          (12) "Division" means the Driver License Division of the department created in
4433     Section 53-3-103.
4434          (13) "Downgrade" means to obtain a lower license class than what was originally
4435     issued during an existing license cycle.
4436          (14) "Drive" means:
4437          (a) to operate or be in physical control of a motor vehicle upon a highway; and
4438          (b) in Subsections 53-3-414(1) through (3), Subsection 53-3-414(5), and Sections
4439     53-3-417 and 53-3-418, the operation or physical control of a motor vehicle at any place within
4440     the state.
4441          (15) (a) "Driver" means an individual who drives, or is in actual physical control of a
4442     motor vehicle in any location open to the general public for purposes of vehicular traffic.
4443          (b) In Part 4, Uniform Commercial Driver License Act, "driver" includes any person
4444     who is required to hold a CDL under Part 4, Uniform Commercial Driver License Act, or
4445     federal law.
4446          (16) "Driving privilege card" means the evidence of the privilege granted and issued
4447     under this chapter to drive a motor vehicle to a person whose privilege was obtained without
4448     providing evidence of lawful presence in the United States.
4449          (17) "Electronic license certificate" means the evidence, in an electronic format as
4450     described in Section 53-3-235, of a privilege granted under this chapter to drive a motor
4451     vehicle.
4452          (18) "Extension" means a renewal completed in a manner specified by the division.
4453          (19) "Farm tractor" means every motor vehicle designed and used primarily as a farm

4454     implement for drawing plows, mowing machines, and other implements of husbandry.
4455          (20) "Highway" means the entire width between property lines of every way or place of
4456     any nature when any part of it is open to the use of the public, as a matter of right, for traffic.
4457          (21) "Human driver" means the same as that term is defined in Section 41-26-102.1.
4458          (22) "Identification card" means a card issued under Part 8, Identification Card Act, to
4459     a person for identification purposes.
4460          (23) "Indigent" means that a person's income falls below the federal poverty guideline
4461     issued annually by the [U.S.] United States Department of Health and Human Services in the
4462     Federal Register.
4463          (24) "License" means the privilege to drive a motor vehicle.
4464          (25) (a) "License certificate" means the evidence of the privilege issued under this
4465     chapter to drive a motor vehicle.
4466          (b) "License certificate" evidence includes:
4467          (i) a regular license certificate;
4468          (ii) a limited-term license certificate;
4469          (iii) a driving privilege card;
4470          (iv) a CDL license certificate;
4471          (v) a limited-term CDL license certificate;
4472          (vi) a temporary regular license certificate;
4473          (vii) a temporary limited-term license certificate; and
4474          (viii) an electronic license certificate created in Section 53-3-235.
4475          (26) "Limited-term commercial driver license" or "limited-term CDL" means a license:
4476          (a) issued substantially in accordance with the requirements of Title XII, Pub. L. No.
4477     99-570, the Commercial Motor Vehicle Safety Act of 1986, and in accordance with Part 4,
4478     Uniform Commercial Driver License Act, which authorizes the holder to drive a class of
4479     commercial motor vehicle; and
4480          (b) that was obtained by providing evidence of lawful presence in the United States
4481     with one of the document requirements described in Subsection 53-3-410(1)(i)(ii).

4482          (27) "Limited-term identification card" means an identification card issued under this
4483     chapter to a person whose card was obtained by providing evidence of lawful presence in the
4484     United States with one of the document requirements described in Subsection
4485     53-3-804(2)(i)(ii).
4486          (28) "Limited-term license certificate" means the evidence of the privilege granted and
4487     issued under this chapter to drive a motor vehicle to a person whose privilege was obtained
4488     providing evidence of lawful presence in the United States with one of the document
4489     requirements described in Subsection 53-3-205(8)(a)(ii)(B).
4490          (29) "Motor vehicle" means the same as that term is defined in Section 41-1a-102.
4491          (30) "Motor vehicle record" or "MVR" means a driving record under Subsection
4492     53-3-109(6)(a).
4493          (31) "Motorboat" means the same as that term is defined in Section 73-18-2.
4494          (32) "Motorcycle" means every motor vehicle, other than a tractor, having a seat or
4495     saddle for the use of the rider and designed to travel with not more than three wheels in contact
4496     with the ground.
4497          (33) "Office of Recovery Services" means the Office of Recovery Services, created in
4498     Section [62A-11-102] 26B-9-103.
4499          (34) "Operate" means the same as that term is defined in Section 41-1a-102.
4500          (35) (a) "Owner" means a person other than a lien holder having an interest in the
4501     property or title to a vehicle.
4502          (b) "Owner" includes a person entitled to the use and possession of a vehicle subject to
4503     a security interest in another person but excludes a lessee under a lease not intended as security.
4504          (36) "Penalty accounts receivable" means a fine, restitution, forfeiture, fee, surcharge,
4505     or other financial penalty imposed on an individual by a court or other government entity.
4506          (37) (a) "Private passenger carrier" means any motor vehicle for hire that is:
4507          (i) designed to transport 15 or fewer passengers, including the driver; and
4508          (ii) operated to transport an employee of the person that hires the motor vehicle.
4509          (b) "Private passenger carrier" does not include:

4510          (i) a taxicab;
4511          (ii) a motor vehicle driven by a transportation network driver as defined in Section
4512     13-51-102;
4513          (iii) a motor vehicle driven for transportation network services as defined in Section
4514     13-51-102; and
4515          (iv) a motor vehicle driven for a transportation network company as defined in Section
4516     13-51-102 and registered with the Division of Consumer Protection as described in Section
4517     13-51-104.
4518          (38) "Regular identification card" means an identification card issued under this
4519     chapter to a person whose card was obtained by providing evidence of lawful presence in the
4520     United States with one of the document requirements described in Subsection 53-3-804(2)(i)(i).
4521          (39) "Regular license certificate" means the evidence of the privilege issued under this
4522     chapter to drive a motor vehicle whose privilege was obtained by providing evidence of lawful
4523     presence in the United States with one of the document requirements described in Subsection
4524     53-3-205(8)(a)(ii)(A).
4525          (40) "Renewal" means to validate a license certificate so that it expires at a later date.
4526          (41) "Reportable violation" means an offense required to be reported to the division as
4527     determined by the division and includes those offenses against which points are assessed under
4528     Section 53-3-221.
4529          (42) (a) "Resident" means an individual who:
4530          (i) has established a domicile in this state, as defined in Section 41-1a-202, or
4531     regardless of domicile, remains in this state for an aggregate period of six months or more
4532     during any calendar year;
4533          (ii) engages in a trade, profession, or occupation in this state, or who accepts
4534     employment in other than seasonal work in this state, and who does not commute into the state;
4535          (iii) declares himself to be a resident of this state by obtaining a valid Utah driver
4536     license certificate or motor vehicle registration; or
4537          (iv) declares himself a resident of this state to obtain privileges not ordinarily extended

4538     to nonresidents, including going to school, or placing children in school without paying
4539     nonresident tuition or fees.
4540          (b) "Resident" does not include any of the following:
4541          (i) a member of the military, temporarily stationed in this state;
4542          (ii) an out-of-state student, as classified by an institution of higher education,
4543     regardless of whether the student engages in any type of employment in this state;
4544          (iii) a person domiciled in another state or country, who is temporarily assigned in this
4545     state, assigned by or representing an employer, religious or private organization, or a
4546     governmental entity; or
4547          (iv) an immediate family member who resides with or a household member of a person
4548     listed in Subsections (42)(b)(i) through (iii).
4549          (43) "Revocation" means the termination by action of the division of a licensee's
4550     privilege to drive a motor vehicle.
4551          (44) (a) "School bus" means a commercial motor vehicle used to transport pre-primary,
4552     primary, or secondary school students to and from home and school, or to and from school
4553     sponsored events.
4554          (b) "School bus" does not include a bus used as a common carrier as defined in Section
4555     59-12-102.
4556          (45) "Suspension" means the temporary withdrawal by action of the division of a
4557     licensee's privilege to drive a motor vehicle.
4558          (46) "Taxicab" means any class D motor vehicle transporting any number of
4559     passengers for hire and that is subject to state or federal regulation as a taxi.
4560          Section 66. Section 53-3-105 is amended to read:
4561          53-3-105. Fees for licenses, renewals, extensions, reinstatements, rescheduling,
4562     and identification cards.
4563          The following fees apply under this chapter:
4564          (1) An original class D license application under Section 53-3-205 is $52.
4565          (2) An original provisional license application for a class D license under Section

4566     53-3-205 is $39.
4567          (3) An original limited term license application under Section 53-3-205 is $32.
4568          (4) An original application for a motorcycle endorsement under Section 53-3-205 is
4569     $18.
4570          (5) An original application for a taxicab endorsement under Section 53-3-205 is $14.
4571          (6) A learner permit application under Section 53-3-210.5 is $19.
4572          (7) A renewal of a class D license under Section 53-3-214 is $52 unless Subsection
4573     (12) applies.
4574          (8) A renewal of a provisional license application for a class D license under Section
4575     53-3-214 is $52.
4576          (9) A renewal of a limited term license application under Section 53-3-214 is $32.
4577          (10) A renewal of a motorcycle endorsement under Section 53-3-214 is $18.
4578          (11) A renewal of a taxicab endorsement under Section 53-3-214 is $14.
4579          (12) A renewal of a class D license for an individual 65 and older under Section
4580     53-3-214 is $27.
4581          (13) An extension of a class D license under Section 53-3-214 is $42 unless Subsection
4582     (17) applies.
4583          (14) An extension of a provisional license application for a class D license under
4584     Section 53-3-214 is $42.
4585          (15) An extension of a motorcycle endorsement under Section 53-3-214 is $18.
4586          (16) An extension of a taxicab endorsement under Section 53-3-214 is $14.
4587          (17) An extension of a class D license for an individual 65 and older under Section
4588     53-3-214 is $22.
4589          (18) An original or renewal application for a commercial class A, B, or C license or an
4590     original or renewal of a provisional commercial class A or B license under Part 4, Uniform
4591     Commercial Driver License Act, is $52.
4592          (19) A commercial class A, B, or C license skills test is $78.
4593          (20) Each original CDL endorsement for passengers, hazardous material, double or

4594     triple trailers, or tankers is $9.
4595          (21) An original CDL endorsement for a school bus under Part 4, Uniform Commercial
4596     Driver License Act, is $9.
4597          (22) A renewal of a CDL endorsement under Part 4, Uniform Commercial Driver
4598     License Act, is $9.
4599          (23) (a) A retake of a CDL knowledge test provided for in Section 53-3-205 is $26.
4600          (b) A retake of a CDL skills test provided for in Section 53-3-205 is $52.
4601          (24) A retake of a CDL endorsement test provided for in Section 53-3-205 is $9.
4602          (25) A duplicate class A, B, C, or D license certificate under Section 53-3-215 is $23.
4603          (26) (a) A license reinstatement application under Section 53-3-205 is $40.
4604          (b) A license reinstatement application under Section 53-3-205 for an alcohol, drug, or
4605     combination of alcohol and any drug-related offense is $45 in addition to the fee under
4606     Subsection (26)(a).
4607          (27) (a) An administrative fee for license reinstatement after an alcohol, drug, or
4608     combination of alcohol and any drug-related offense under Section 41-6a-520, 53-3-223, or
4609     53-3-231 or an alcohol, drug, or combination of alcohol and any drug-related offense under
4610     Part 4, Uniform Commercial Driver License Act, is $255.
4611          (b) This administrative fee is in addition to the fees under Subsection (26).
4612          (28) (a) An administrative fee for providing the driving record of a driver under
4613     Section 53-3-104 or 53-3-420 is $8.
4614          (b) The division may not charge for a report furnished under Section 53-3-104 to a
4615     municipal, county, state, or federal agency.
4616          (29) A rescheduling fee under Section 53-3-205 or 53-3-407 is $25.
4617          (30) (a) Except as provided under Subsections (30)(b) and (c), an identification card
4618     application under Section 53-3-808 is $23.
4619          (b) An identification card application under Section 53-3-808 for a person with a
4620     disability, as defined in 42 U.S.C. Sec. 12102, is $17.
4621          (c) A fee may not be charged for an identification card application if the individual

4622     applying:
4623          (i) (A) has not been issued a Utah driver license;
4624          (B) is indigent; and
4625          (C) is at least 18 years old; or
4626          (ii) submits written verification that the individual is homeless, as defined in Section
4627     [26-18-411] 26B-3-207, a person who is homeless, as defined in Section 35A-5-302, or a child
4628     or youth who is homeless, as defined in 42 U.S.C. Sec. 11434a(2), from:
4629          (A) a homeless shelter, as defined in Section 35A-16-305;
4630          (B) a permanent housing, permanent, supportive, or transitional facility, as defined in
4631     Section 35A-5-302;
4632          (C) the Department of Workforce Services; or
4633          (D) a local educational agency liaison for homeless children and youth designated
4634     under 42 U.S.C. Sec. 11432(g)(1)(J)(ii).
4635          (31) (a) An extension of a regular identification card under Subsection 53-3-807(4) for
4636     a person with a disability, as defined in 42 U.S.C. Sec. 12102, is $17.
4637          (b) The fee described in Subsection (31)(a) is waived if the applicant submits written
4638     verification that the individual is homeless, as defined in Section [26-18-411] 26B-3-207, or a
4639     person who is homeless, as defined in Section 35A-5-302, or a child or youth who is homeless,
4640     as defined in 42 U.S.C. Sec. 11434a(2), from:
4641          (i) a homeless shelter, as defined in Section 35A-16-305;
4642          (ii) a permanent housing, permanent, supportive, or transitional facility, as defined in
4643     Section 35A-5-302;
4644          (iii) the Department of Workforce Services;
4645          (iv) a homeless service provider as verified by the Department of Workforce Services
4646     as described in Section [26-2-12.6] 26B-8-113; or
4647          (v) a local educational agency liaison for homeless children and youth designated under
4648     42 U.S.C. Sec. 11432(g)(1)(J)(ii).
4649          (32) (a) An extension of a regular identification card under Subsection 53-3-807(5) is

4650     $23.
4651          (b) The fee described in Subsection (32)(a) is waived if the applicant submits written
4652     verification that the individual is homeless, as defined in Section [26-18-411] 26B-3-207, or a
4653     person who is homeless, as defined in Section 35A-5-302, from:
4654          (i) a homeless shelter, as defined in Section 35A-16-305;
4655          (ii) a permanent housing, permanent, supportive, or transitional facility, as defined in
4656     Section 35A-5-302;
4657          (iii) the Department of Workforce Services; or
4658          (iv) a homeless service provider as verified by the Department of Workforce Services
4659     as described in Section [26-2-12.6] 26B-8-113.
4660          (33) In addition to any license application fees collected under this chapter, the division
4661     shall impose on individuals submitting fingerprints in accordance with Section 53-3-205.5 the
4662     fees that the Bureau of Criminal Identification is authorized to collect for the services the
4663     Bureau of Criminal Identification provides under Section 53-3-205.5.
4664          (34) An original mobility vehicle permit application under Section 41-6a-1118 is $30.
4665          (35) A renewal of a mobility vehicle permit under Section 41-6a-1118 is $30.
4666          (36) A duplicate mobility vehicle permit under Section 41-6a-1118 is $12.
4667          (37) An original driving privilege card application under Section 53-3-207 is $32.
4668          (38) A renewal of a driving privilege card application under Section 53-3-207 is $23.
4669          Section 67. Section 53-3-106 is amended to read:
4670          53-3-106. Disposition of revenues under this chapter -- Restricted account created
4671     -- Uses as provided by appropriation -- Nonlapsing.
4672          (1) There is created within the Transportation Fund a restricted account known as the
4673     "Department of Public Safety Restricted Account."
4674          (2) The account consists of money generated from the following revenue sources:
4675          (a) all money received under this chapter;
4676          (b) administrative fees received according to the fee schedule authorized under this
4677     chapter and Section 63J-1-504;

4678          (c) beginning on January 1, 2013, money received in accordance with Section
4679     41-1a-1201; and
4680          (d) any appropriations made to the account by the Legislature.
4681          (3) (a) The account shall earn interest.
4682          (b) All interest earned on account money shall be deposited [in] into the account.
4683          (4) The expenses of the department in carrying out this chapter shall be provided for by
4684     legislative appropriation from this account.
4685          (5) The amount in excess of $45 of the fees collected under Subsection 53-3-105(25)
4686     shall be appropriated by the Legislature from this account to the department to implement the
4687     provisions of Section 53-1-117, except that of the amount in excess of $45, $100 shall be
4688     deposited into the State Laboratory Drug Testing Account created in Section 26B-1-304.
4689          (6) All money received under Subsection 41-6a-1406(6)(c)(ii) shall be appropriated by
4690     the Legislature from this account to the department to implement the provisions of Section
4691     53-1-117.
4692          (7) Beginning in fiscal year 2009-10, the Legislature shall appropriate $100,000
4693     annually from the account to the state medical examiner appointed under Section [26-4-4]
4694     26B-8-202 for use in carrying out duties related to highway crash deaths under Subsection
4695     [26-4-7(1)] 26B-8-205(1).
4696          (8) The division shall remit the fees collected under Subsection 53-3-105(31) to the
4697     Bureau of Criminal Identification to cover the costs for the services the Bureau of Criminal
4698     Identification provides under Section 53-3-205.5.
4699          (9) (a) Beginning on January 1, 2013, the Legislature shall appropriate all money
4700     received in the account under Section 41-1a-1201 to the Utah Highway Patrol Division for
4701     field operations.
4702          (b) The Legislature may appropriate additional money from the account to the Utah
4703     Highway Patrol Division for law enforcement purposes.
4704          (10) Appropriations to the department from the account are nonlapsing.
4705          (11) The department shall report to the Department of Health and Human Services, on

4706     or before December 31, the amount the department expects to collect under Subsection
4707     53-3-105(25) in the next fiscal year.
4708          Section 68. Section 53-3-205 is amended to read:
4709          53-3-205. Application for license or endorsement -- Fee required -- Tests --
4710     Expiration dates of licenses and endorsements -- Information required -- Previous
4711     licenses surrendered -- Driving record transferred from other states -- Reinstatement --
4712     Fee required -- License agreement.
4713          (1) An application for an original license, provisional license, or endorsement shall be:
4714          (a) made upon a form furnished by the division; and
4715          (b) accompanied by a nonrefundable fee set under Section 53-3-105.
4716          (2) An application and fee for an original provisional class D license or an original
4717     class D license entitle the applicant to:
4718          (a) not more than three attempts to pass both the knowledge and the skills tests for a
4719     class D license within six months after the date of the application;
4720          (b) a learner permit if needed pending completion of the application and testing
4721     process; and
4722          (c) an original class D license and license certificate after all tests are passed and
4723     requirements are completed.
4724          (3) An application and fee for a motorcycle or taxicab endorsement entitle the
4725     applicant to:
4726          (a) not more than three attempts to pass both the knowledge and skills tests within six
4727     months after the date of the application;
4728          (b) a motorcycle learner permit after the motorcycle knowledge test is passed; and
4729          (c) a motorcycle or taxicab endorsement when all tests are passed.
4730          (4) An application for a commercial class A, B, or C license entitles the applicant to:
4731          (a) not more than two attempts to pass a knowledge test when accompanied by the fee
4732     provided in Subsection 53-3-105(18);
4733          (b) not more than two attempts to pass a skills test when accompanied by a fee in

4734     Subsection 53-3-105(19) within six months after the date of application;
4735          (c) both a commercial driver instruction permit and a temporary license permit for the
4736     license class held before the applicant submits the application if needed after the knowledge
4737     test is passed; and
4738          (d) an original commercial class A, B, or C license and license certificate when all
4739     applicable tests are passed.
4740          (5) An application and fee for a CDL endorsement entitle the applicant to:
4741          (a) not more than two attempts to pass a knowledge test and not more than two
4742     attempts to pass a skills test within six months after the date of the application; and
4743          (b) a CDL endorsement when all tests are passed.
4744          (6) (a) If a CDL applicant does not pass a knowledge test, skills test, or an endorsement
4745     test within the number of attempts provided in Subsection (4) or (5), each test may be taken
4746     two additional times within the six months for the fee provided in Section 53-3-105.
4747          (b) (i) An out-of-state resident who holds a valid CDIP issued by a state or jurisdiction
4748     that is compliant with 49 C.F.R. Part 383 may take a skills test administered by the division if
4749     the out-of-state resident pays the fee provided in Subsection 53-3-105(19).
4750          (ii) The division shall:
4751          (A) electronically transmit skills test results for an out-of-state resident to the licensing
4752     agency in the state or jurisdiction in which the out-of-state resident has obtained a valid CDIP;
4753     and
4754          (B) provide the out-of-state resident with documentary evidence upon successful
4755     completion of the skills test.
4756          (7) (a) (i) Except as provided under Subsections (7)(a)(ii), (f), and (g), an original class
4757     D license expires on the birth date of the applicant in the eighth year after the year the license
4758     certificate was issued.
4759          (ii) An original provisional class D license expires on the birth date of the applicant in
4760     the fifth year following the year the license certificate was issued.
4761          (iii) Except as provided in Subsection (7)(f), a limited term class D license expires on

4762     the birth date of the applicant in the fifth year the license certificate was issued.
4763          (b) Except as provided under Subsections (7)(f) and (g), a renewal or an extension to a
4764     license expires on the birth date of the licensee in the eighth year after the expiration date of the
4765     license certificate renewed or extended.
4766          (c) Except as provided under Subsections (7)(f) and (g), a duplicate license expires on
4767     the same date as the last license certificate issued.
4768          (d) An endorsement to a license expires on the same date as the license certificate
4769     regardless of the date the endorsement was granted.
4770          (e) (i) A regular license certificate and an endorsement to the regular license certificate
4771     held by an individual described in Subsection (7)(e)(ii), that expires during the time period the
4772     individual is stationed outside of the state, is valid until 90 days after the individual's orders are
4773     terminated, the individual is discharged, or the individual's assignment is changed or
4774     terminated, unless:
4775          (A) the license is suspended, disqualified, denied, or has been cancelled or revoked by
4776     the division; or
4777          (B) the licensee updates the information or photograph on the license certificate.
4778          (ii) The provisions in Subsection (7)(e)(i) apply to an individual:
4779          (A) ordered to active duty and stationed outside of Utah in any of the armed forces of
4780     the United States;
4781          (B) who is an immediate family member or dependent of an individual described in
4782     Subsection (7)(e)(ii)(A) and is residing outside of Utah;
4783          (C) who is a civilian employee of the United States State Department or United States
4784     Department of Defense and is stationed outside of the United States; or
4785          (D) who is an immediate family member or dependent of an individual described in
4786     Subsection (7)(e)(ii)(C) and is residing outside of the United States.
4787          (f) (i) Except as provided in Subsection (7)(f)(ii), a limited-term license certificate or a
4788     renewal to a limited-term license certificate expires:
4789          (A) on the expiration date of the period of time of the individual's authorized stay in

4790     the United States or on the date provided under this Subsection (7), whichever is sooner; or
4791          (B) on the date of issuance in the first year following the year that the limited-term
4792     license certificate was issued if there is no definite end to the individual's period of authorized
4793     stay.
4794          (ii) A limited-term license certificate or a renewal to a limited-term license certificate
4795     issued to an approved asylee or a refugee expires on the birth date of the applicant in the fifth
4796     year following the year that the limited-term license certificate was issued.
4797          (g) A driving privilege card issued or renewed under Section 53-3-207 expires on the
4798     birth date of the applicant in the first year following the year that the driving privilege card was
4799     issued or renewed.
4800          (8) (a) In addition to the information required by Title 63G, Chapter 4, Administrative
4801     Procedures Act, for requests for agency action, an applicant shall:
4802          (i) provide:
4803          (A) the applicant's full legal name;
4804          (B) the applicant's birth date;
4805          (C) the applicant's sex;
4806          (D) (I) documentary evidence of the applicant's valid social security number;
4807          (II) written proof that the applicant is ineligible to receive a social security number;
4808          (III) the applicant's temporary identification number (ITIN) issued by the Internal
4809     Revenue Service for an individual who:
4810          (Aa) does not qualify for a social security number; and
4811          (Bb) is applying for a driving privilege card; or
4812          (IV) other documentary evidence approved by the division;
4813          (E) the applicant's Utah residence address as documented by a form or forms
4814     acceptable under rules made by the division under Section 53-3-104, unless the application is
4815     for a temporary CDL issued under Subsection 53-3-407(2)(b); and
4816          (F) fingerprints and a photograph in accordance with Section 53-3-205.5 if the
4817     applicant is applying for a driving privilege card;

4818          (ii) provide evidence of the applicant's lawful presence in the United States by
4819     providing documentary evidence:
4820          (A) that the applicant is:
4821          (I) a United States citizen;
4822          (II) a United States national; or
4823          (III) a legal permanent resident alien; or
4824          (B) of the applicant's:
4825          (I) unexpired immigrant or nonimmigrant visa status for admission into the United
4826     States;
4827          (II) pending or approved application for asylum in the United States;
4828          (III) admission into the United States as a refugee;
4829          (IV) pending or approved application for temporary protected status in the United
4830     States;
4831          (V) approved deferred action status;
4832          (VI) pending application for adjustment of status to legal permanent resident or
4833     conditional resident; or
4834          (VII) conditional permanent resident alien status;
4835          (iii) provide a description of the applicant;
4836          (iv) state whether the applicant has previously been licensed to drive a motor vehicle
4837     and, if so, when and by what state or country;
4838          (v) state whether the applicant has ever had a license suspended, cancelled, revoked,
4839     disqualified, or denied in the last 10 years, or whether the applicant has ever had a license
4840     application refused, and if so, the date of and reason for the suspension, cancellation,
4841     revocation, disqualification, denial, or refusal;
4842          (vi) state whether the applicant intends to make an anatomical gift under [Title 26,
4843     Chapter 28, Revised Uniform Anatomical Gift Act] Title 26B, Chapter 8, Part 3, Revised
4844     Uniform Anatomical Gift Act, in compliance with Subsection (15);
4845          (vii) state whether the applicant is required to register as a sex offender in accordance

4846     with Title 77, Chapter 41, Sex and Kidnap Offender Registry;
4847          (viii) state whether the applicant is a veteran of the United States military, provide
4848     verification that the applicant was granted an honorable or general discharge from the United
4849     States Armed Forces, and state whether the applicant does or does not authorize sharing the
4850     information with the Department of Veterans and Military Affairs;
4851          (ix) provide all other information the division requires; and
4852          (x) sign the application which signature may include an electronic signature as defined
4853     in Section 46-4-102.
4854          (b) Unless the applicant provides acceptable verification of homelessness as described
4855     in rules made by the division, an applicant shall have a Utah residence address, unless the
4856     application is for a temporary CDL issued under Subsection 53-3-407(2)(b).
4857          (c) An applicant shall provide evidence of lawful presence in the United States in
4858     accordance with Subsection (8)(a)(ii), unless the application is for a driving privilege card.
4859          (d) The division shall maintain on the division's computerized records an applicant's:
4860          (i) (A) social security number;
4861          (B) temporary identification number (ITIN); or
4862          (C) other number assigned by the division if Subsection (8)(a)(i)(D)(IV) applies; and
4863          (ii) indication whether the applicant is required to register as a sex offender in
4864     accordance with Title 77, Chapter 41, Sex and Kidnap Offender Registry.
4865          (9) The division shall require proof of an applicant's name, birth date, and birthplace by
4866     at least one of the following means:
4867          (a) current license certificate;
4868          (b) birth certificate;
4869          (c) Selective Service registration; or
4870          (d) other proof, including church records, family Bible notations, school records, or
4871     other evidence considered acceptable by the division.
4872          (10) (a) Except as provided in Subsection (10)(c), if an applicant receives a license in a
4873     higher class than what the applicant originally was issued:

4874          (i) the license application is treated as an original application; and
4875          (ii) license and endorsement fees is assessed under Section 53-3-105.
4876          (b) An applicant that receives a downgraded license in a lower license class during an
4877     existing license cycle that has not expired:
4878          (i) may be issued a duplicate license with a lower license classification for the
4879     remainder of the existing license cycle; and
4880          (ii) shall be assessed a duplicate license fee under Subsection 53-3-105(25) if a
4881     duplicate license is issued under Subsection (10)(b)(i).
4882          (c) An applicant who has received a downgraded license in a lower license class under
4883     Subsection (10)(b):
4884          (i) may, when eligible, receive a duplicate license in the highest class previously issued
4885     during a license cycle that has not expired for the remainder of the existing license cycle; and
4886          (ii) shall be assessed a duplicate license fee under Subsection 53-3-105(25) if a
4887     duplicate license is issued under Subsection (10)(c)(i).
4888          (11) (a) When an application is received from an applicant previously licensed in
4889     another state to drive a motor vehicle, the division shall request a copy of the driver's record
4890     from the other state.
4891          (b) When received, the driver's record becomes part of the driver's record in this state
4892     with the same effect as though entered originally on the driver's record in this state.
4893          (12) An application for reinstatement of a license after the suspension, cancellation,
4894     disqualification, denial, or revocation of a previous license is accompanied by the additional
4895     fee or fees specified in Section 53-3-105.
4896          (13) An individual who has an appointment with the division for testing and fails to
4897     keep the appointment or to cancel at least 48 hours in advance of the appointment shall pay the
4898     fee under Section 53-3-105.
4899          (14) An applicant who applies for an original license or renewal of a license agrees that
4900     the individual's license is subject to a suspension or revocation authorized under this title or
4901     Title 41, Motor Vehicles.

4902          (15) (a) A licensee shall authenticate the indication of intent under Subsection
4903     (8)(a)(vi) in accordance with division rule.
4904          (b) (i) Notwithstanding Title 63G, Chapter 2, Government Records Access and
4905     Management Act, the division may, upon request, release to an organ procurement
4906     organization, as defined in Section [26-28-102] 26B-8-301, the names and addresses of all
4907     applicants who, under Subsection (8)(a)(vi), indicate that they intend to make an anatomical
4908     gift.
4909          (ii) An organ procurement organization may use released information only to:
4910          (A) obtain additional information for an anatomical gift registry; and
4911          (B) inform licensees of anatomical gift options, procedures, and benefits.
4912          (16) Notwithstanding Title 63G, Chapter 2, Government Records Access and
4913     Management Act, the division may release to the Department of Veterans and Military Affairs
4914     the names and addresses of all applicants who indicate their status as a veteran under
4915     Subsection (8)(a)(viii).
4916          (17) Notwithstanding Title 63G, Chapter 2, Government Records Access and
4917     Management Act, the division shall, upon request, release to the Sex and Kidnap Offender
4918     Registry office in the Department of Corrections, the names and addresses of all applicants
4919     who, under Subsection (8)(a)(vii), indicate they are required to register as a sex offender in
4920     accordance with Title 77, Chapter 41, Sex and Kidnap Offender Registry.
4921          (18) The division and its employees are not liable, as a result of false or inaccurate
4922     information provided under Subsection (8)(a)(vi) or (viii), for direct or indirect:
4923          (a) loss;
4924          (b) detriment; or
4925          (c) injury.
4926          (19) An applicant who knowingly fails to provide the information required under
4927     Subsection (8)(a)(vii) is guilty of a class A misdemeanor.
4928          (20) A person may not hold both an unexpired Utah license certificate and an
4929     unexpired identification card.

4930          (21) (a) An applicant who applies for an original motorcycle endorsement to a regular
4931     license certificate is exempt from the requirement to pass the knowledge and skills test to be
4932     eligible for the motorcycle endorsement if the applicant:
4933          (i) is a resident of the state of Utah;
4934          (ii) (A) is ordered to active duty and stationed outside of Utah in any of the armed
4935     forces of the United States; or
4936          (B) is an immediate family member or dependent of an individual described in
4937     Subsection (21)(a)(ii)(A) and is residing outside of Utah;
4938          (iii) has a digitized driver license photo on file with the division;
4939          (iv) provides proof to the division of the successful completion of a certified
4940     Motorcycle Safety Foundation rider training course; and
4941          (v) provides the necessary information and documentary evidence required under
4942     Subsection (8).
4943          (b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
4944     division shall make rules:
4945          (i) establishing the procedures for an individual to obtain a motorcycle endorsement
4946     under this Subsection (21); and
4947          (ii) identifying the applicable restrictions for a motorcycle endorsement issued under
4948     this Subsection (21).
4949          Section 69. Section 53-3-207 is amended to read:
4950          53-3-207. License certificates or driving privilege cards issued to drivers by class
4951     of motor vehicle -- Contents -- Release of anatomical gift information -- Temporary
4952     licenses or driving privilege cards -- Minors' licenses, cards, and permits -- Violation.
4953          (1) As used in this section:
4954          (a) "Driving privilege" means the privilege granted under this chapter to drive a motor
4955     vehicle.
4956          (b) "Governmental entity" means the state or a political subdivision of the state.
4957          (c) "Health care professional" means:

4958          (i) a licensed physician, physician assistant, nurse practitioner, or mental health
4959     therapist; or
4960          (ii) any other licensed health care professional the division designates by rule made in
4961     accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
4962          (d) "Political subdivision" means any county, city, town, school district, public transit
4963     district, community reinvestment agency, special improvement or taxing district, local district,
4964     special service district, an entity created by an interlocal agreement adopted under Title 11,
4965     Chapter 13, Interlocal Cooperation Act, or other governmental subdivision or public
4966     corporation.
4967          (e) "Invisible condition" means a physical or mental condition that may interfere with
4968     an individual's ability to communicate with a law enforcement officer, including:
4969          (i) a communication impediment;
4970          (ii) hearing loss;
4971          (iii) blindness or a visual impairment;
4972          (iv) autism spectrum disorder;
4973          (v) a drug allergy;
4974          (vi) Alzheimer's disease or dementia;
4975          (vii) post-traumatic stress disorder;
4976          (viii) traumatic brain injury;
4977          (ix) schizophrenia;
4978          (x) epilepsy;
4979          (xi) a developmental disability;
4980          (xii) Down syndrome;
4981          (xiii) diabetes;
4982          (xiv) a heart condition; or
4983          (xv) any other condition approved by the department.
4984          (f) "Invisible condition identification symbol" means a symbol or alphanumeric code
4985     that indicates that an individual is an individual with an invisible condition.

4986          (g) "State" means this state, and includes any office, department, agency, authority,
4987     commission, board, institution, hospital, college, university, children's justice center, or other
4988     instrumentality of the state.
4989          (2) (a) The division shall issue to every individual privileged to drive a motor vehicle, a
4990     regular license certificate, a limited-term license certificate, or a driving privilege card
4991     indicating the type or class of motor vehicle the individual may drive.
4992          (b) An individual may not drive a class of motor vehicle unless granted the privilege in
4993     that class.
4994          (3) (a) Every regular license certificate, limited-term license certificate, or driving
4995     privilege card shall bear:
4996          (i) the distinguishing number assigned to the individual by the division;
4997          (ii) the name, birth date, and Utah residence address of the individual;
4998          (iii) a brief description of the individual for the purpose of identification;
4999          (iv) any restrictions imposed on the license under Section 53-3-208;
5000          (v) a photograph of the individual;
5001          (vi) a photograph or other facsimile of the individual's signature;
5002          (vii) an indication whether the individual intends to make an anatomical gift under
5003     [Title 26, Chapter 28, Revised Uniform Anatomical Gift Act] Title 26B, Chapter 8, Part 3,
5004     Revised Uniform Anatomical Gift Act, unless the driving privilege is extended under
5005     Subsection 53-3-214(3); and
5006          (viii) except as provided in Subsection (3)(b), if the individual states that the individual
5007     is a veteran of the United States military on the application for a driver license in accordance
5008     with Section 53-3-205 and provides verification that the individual was granted an honorable
5009     or general discharge from the United States Armed Forces, an indication that the individual is a
5010     United States military veteran for a regular license certificate or limited-term license certificate
5011     issued on or after July 1, 2011.
5012          (b) A regular license certificate or limited-term license certificate issued to an
5013     individual younger than 21 years old on a portrait-style format as required in Subsection (7)(b)

5014     is not required to include an indication that the individual is a United States military veteran
5015     under Subsection (3)(a)(viii).
5016          (c) A new license certificate issued by the division may not bear the individual's social
5017     security number.
5018          (d) (i) The regular license certificate, limited-term license certificate, or driving
5019     privilege card shall be of an impervious material, resistant to wear, damage, and alteration.
5020          (ii) The size, form, and color of the regular license certificate, limited-term license
5021     certificate, or driving privilege card shall be as prescribed by the commissioner.
5022          (iii) The commissioner may also prescribe the issuance of a special type of limited
5023     regular license certificate, limited-term license certificate, or driving privilege card under
5024     Subsection 53-3-220(4).
5025          (4) (a) The division shall include or affix an invisible condition identification symbol
5026     on an individual's regular license certificate, limited-term license certificate, or driving
5027     privilege card if the individual, on a form prescribed by the department:
5028          (i) requests the division to include the invisible condition identification symbol;
5029          (ii) provides written verification from a health care professional that the individual is
5030     an individual with an invisible condition; and
5031          (iii) signs a waiver of liability for the release of any medical information to:
5032          (A) the department;
5033          (B) any person who has access to the individual's medical information as recorded on
5034     the individual's driving record or the Utah Criminal Justice Information System under this
5035     chapter; and
5036          (C) any other person who may view or receive notice of the individual's medical
5037     information by seeing the individual's regular license certificate, limited-term license
5038     certificate, or driving privilege card or the individual's information in the Utah Criminal Justice
5039     Information System.
5040          (b) As part of the form described in Subsection (4)(a), the department shall advise the
5041     individual that by submitting the signed waiver, the individual consents to the release of the

5042     individual's medical information to any person described in Subsections (4)(a)(iii)(A) through
5043     (C), even if the person is otherwise ineligible to access the individual's medical information
5044     under state or federal law.
5045          (c) The division may not:
5046          (i) charge a fee to include the invisible condition identification symbol on the
5047     individual's regular license certificate, limited-term license certificate, or driving privilege card;
5048     or
5049          (ii) after including the invisible condition identification symbol on the individual's
5050     previously issued regular license certificate, limited-term license certificate, or driving
5051     privilege card, require the individual to provide subsequent written verification described in
5052     Subsection (4)(a)(ii) to include the invisible condition identification symbol on the individual's
5053     renewed or extended regular license certificate, limited-term license certificate, or driving
5054     privilege card.
5055          (d) The inclusion of an invisible condition identification symbol on an individual's
5056     license certificate, limited-term license certificate, or driving privilege card in accordance with
5057     Subsection (4)(a) does not confer any legal rights or privileges on the individual, including
5058     parking privileges for individuals with disabilities under Section 41-1a-414.
5059          (e) For each individual issued a regular license certificate, limited-term license
5060     certificate, or driving privilege card under this section that includes an invisible condition
5061     identification symbol, the division shall include in the division's database a brief description of
5062     the nature of the individual's invisible condition in the individual's record and provide the brief
5063     description to the Utah Criminal Justice Information System.
5064          (f) Except as provided in this section, the division may not release the information
5065     described in Subsection (4)(e).
5066          (g) Within 30 days after the day on which the division receives an individual's written
5067     request, the division shall:
5068          (i) remove from the individual's record in the division's database the invisible condition
5069     identification symbol and the brief description described in Subsection (4)(e); and

5070          (ii) provide the individual's updated record to the Utah Criminal Justice Information
5071     System.
5072          (5) As provided in Section 63G-2-302, the information described in Subsection (4)(a)
5073     is a private record for purposes of Title 63G, Chapter 2, Government Records Access and
5074     Management Act.
5075          (6) (a) (i) The division, upon determining after an examination that an applicant is
5076     mentally and physically qualified to be granted a driving privilege, may issue to an applicant a
5077     receipt for the fee if the applicant is eligible for a regular license certificate or limited-term
5078     license certificate.
5079          (ii) (A) The division shall issue a temporary regular license certificate or temporary
5080     limited-term license certificate allowing the individual to drive a motor vehicle while the
5081     division is completing the division's investigation to determine whether the individual is
5082     entitled to be granted a driving privilege.
5083          (B) A temporary regular license certificate or a temporary limited-term license
5084     certificate issued under this Subsection (6) shall be recognized and have the same rights and
5085     privileges as a regular license certificate or a limited-term license certificate.
5086          (b) The temporary regular license certificate or temporary limited-term license
5087     certificate shall be in the individual's immediate possession while driving a motor vehicle, and
5088     the temporary regular license certificate or temporary limited-term license certificate is invalid
5089     when the individual's regular license certificate or limited-term license certificate has been
5090     issued or when, for good cause, the privilege has been refused.
5091          (c) The division shall indicate on the temporary regular license certificate or temporary
5092     limited-term license certificate a date after which the temporary regular license certificate or
5093     temporary limited-term license certificate is not valid as a temporary license.
5094          (d) (i) Except as provided in Subsection (6)(d)(ii), the division may not issue a
5095     temporary driving privilege card or other temporary permit to an applicant for a driving
5096     privilege card.
5097          (ii) The division may issue a learner permit issued in accordance with Section

5098     53-3-210.5 to an applicant for a driving privilege card.
5099          (7) (a) The division shall distinguish learner permits, temporary permits, regular
5100     license certificates, limited-term license certificates, and driving privilege cards issued to any
5101     individual younger than 21 years old by use of plainly printed information or the use of a color
5102     or other means not used for other regular license certificates, limited-term license certificates,
5103     or driving privilege cards.
5104          (b) The division shall distinguish a regular license certificate, limited-term license
5105     certificate, or driving privilege card issued to an individual younger than 21 years old by use of
5106     a portrait-style format not used for other regular license certificates, limited-term license
5107     certificates, or driving privilege cards and by plainly printing the date the regular license
5108     certificate, limited-term license certificate, or driving privilege card holder is 21 years old.
5109          (8) The division shall distinguish a limited-term license certificate by clearly indicating
5110     on the document:
5111          (a) that the limited-term license certificate is temporary; and
5112          (b) the limited-term license certificate's expiration date.
5113          (9) (a) The division shall only issue a driving privilege card to an individual whose
5114     privilege was obtained without providing evidence of lawful presence in the United States as
5115     required under Subsection 53-3-205(8).
5116          (b) The division shall distinguish a driving privilege card from a license certificate by:
5117          (i) use of a format, color, font, or other means; and
5118          (ii) clearly displaying on the front of the driving privilege card a phrase substantially
5119     similar to "FOR DRIVING PRIVILEGES ONLY -- NOT VALID FOR IDENTIFICATION".
5120          (10) The provisions of Subsection (7)(b) do not apply to a learner permit, temporary
5121     permit, temporary regular license certificate, temporary limited-term license certificate, or any
5122     other temporary permit.
5123          (11) The division shall issue temporary license certificates of the same nature, except
5124     as to duration, as the license certificates that they temporarily replace, as are necessary to
5125     implement applicable provisions of this section and Section 53-3-223.

5126          (12) (a) A governmental entity may not accept a driving privilege card as proof of
5127     personal identification.
5128          (b) A driving privilege card may not be used as a document providing proof of an
5129     individual's age for any government required purpose.
5130          (13) An individual who violates Subsection (2)(b) is guilty of an infraction.
5131          (14) Unless otherwise provided, the provisions, requirements, classes, endorsements,
5132     fees, restrictions, and sanctions under this code apply to a:
5133          (a) driving privilege in the same way as a license or limited-term license issued under
5134     this chapter; and
5135          (b) limited-term license certificate or driving privilege card in the same way as a
5136     regular license certificate issued under this chapter.
5137          Section 70. Section 53-3-214.7 is amended to read:
5138          53-3-214.7. License or identification card checkoff for promoting and supporting
5139     organ donation.
5140          (1) A person who applies for a license or identification card or a renewal of a license or
5141     identification card may designate a voluntary contribution of $2 for the purpose of promoting
5142     and supporting organ donation.
5143          (2) This contribution shall be:
5144          (a) collected by the division;
5145          (b) treated as a voluntary contribution to the Allyson Gamble Organ Donation
5146     Contribution Fund created in Section [26-18b-101] 26B-1-312 and not as a license fee; and
5147          (c) transferred to the Allyson Gamble Organ Donation Contribution Fund created in
5148     Section [26-18b-101] 26B-1-312 at least monthly, less actual administrative costs associated
5149     with collecting and transferring the contributions.
5150          Section 71. Section 53-3-214.8 is amended to read:
5151          53-3-214.8. License or identification card checkoff for public transportation for
5152     seniors or people with disabilities.
5153          (1) A person who applies for a license or identification card or a renewal of a license or

5154     identification card may designate a voluntary contribution of $1 for public transportation
5155     assistance for seniors or people with disabilities.
5156          (2) This contribution shall be:
5157          (a) collected by the division;
5158          (b) treated as a voluntary contribution to the "Out and About" Homebound
5159     Transportation Assistance Fund created in Section [62A-3-110] 26B-1-323 to provide public
5160     transportation assistance for seniors or people with disabilities and not as a license fee; and
5161          (c) transferred to the "Out and About" Homebound Transportation Assistance Fund
5162     created in Section [62A-3-110] 26B-1-323 at least monthly, less actual administrative costs
5163     associated with collecting and transferring the contributions.
5164          Section 72. Section 53-3-804 is amended to read:
5165          53-3-804. Application for identification card -- Required information -- Release
5166     of anatomical gift information -- Cancellation of identification card.
5167          (1) To apply for a regular identification card or limited-term identification card, an
5168     applicant shall:
5169          (a) be a Utah resident;
5170          (b) have a Utah residence address; and
5171          (c) appear in person at any license examining station.
5172          (2) An applicant shall provide the following information to the division:
5173          (a) true and full legal name and Utah residence address;
5174          (b) date of birth as set forth in a certified copy of the applicant's birth certificate, or
5175     other satisfactory evidence of birth, which shall be attached to the application;
5176          (c) (i) social security number; or
5177          (ii) written proof that the applicant is ineligible to receive a social security number;
5178          (d) place of birth;
5179          (e) height and weight;
5180          (f) color of eyes and hair;
5181          (g) signature;

5182          (h) photograph;
5183          (i) evidence of the applicant's lawful presence in the United States by providing
5184     documentary evidence:
5185          (i) that the applicant is:
5186          (A) a United States citizen;
5187          (B) a United States national; or
5188          (C) a legal permanent resident alien; or
5189          (ii) of the applicant's:
5190          (A) unexpired immigrant or nonimmigrant visa status for admission into the United
5191     States;
5192          (B) pending or approved application for asylum in the United States;
5193          (C) admission into the United States as a refugee;
5194          (D) pending or approved application for temporary protected status in the United
5195     States;
5196          (E) approved deferred action status;
5197          (F) pending application for adjustment of status to legal permanent resident or
5198     conditional resident; or
5199          (G) conditional permanent resident alien status;
5200          (j) an indication whether the applicant intends to make an anatomical gift under [Title
5201     26, Chapter 28, Revised Uniform Anatomical Gift Act] Title 26B, Chapter 8, Part 3, Revised
5202     Uniform Anatomical Gift Act;
5203          (k) an indication whether the applicant is required to register as a sex offender in
5204     accordance with Title 77, Chapter 41, Sex and Kidnap Offender Registry; and
5205          (l) an indication whether the applicant is a veteran of the United States Armed Forces,
5206     verification that the applicant has received an honorable or general discharge from the United
5207     States Armed Forces, and an indication whether the applicant does or does not authorize
5208     sharing the information with the state Department of Veterans and Military Affairs.
5209          (3) (a) The requirements of Section 53-3-234 apply to this section for each individual,

5210     age 16 and older, applying for an identification card.
5211          (b) Refusal to consent to the release of information under Section 53-3-234 shall result
5212     in the denial of the identification card.
5213          (4) An individual person who knowingly fails to provide the information required
5214     under Subsection (2)(k) is guilty of a class A misdemeanor.
5215          (5) (a) A person may not hold both an unexpired Utah license certificate and an
5216     unexpired identification card.
5217          (b) A person who holds a regular or limited term Utah driver license and chooses to
5218     relinquish the person's driving privilege may apply for an identification card under this chapter,
5219     provided:
5220          (i) the driver:
5221          (A) no longer qualifies for a driver license for failure to meet the requirement in
5222     Section 53-3-304; or
5223          (B) makes a personal decision to permanently discontinue driving; and
5224          (ii) the driver:
5225          (A) submits an application to the division on a form approved by the division in
5226     person, through electronic means, or by mail;
5227          (B) affirms their intention to permanently discontinue driving; and
5228          (C) surrenders to the division the driver license certificate; and
5229          (iii) the division possesses a digital photograph of the driver obtained within the
5230     preceding 10 years.
5231          (c) (i) The division shall waive the fee under Section 53-3-105 for an identification
5232     card for an original identification card application under this Subsection (5).
5233          (ii) The fee waiver described in Subsection (5)(c)(i) does not apply to a person whose
5234     driving privilege is suspended or revoked.
5235          (6) Notwithstanding Title 63G, Chapter 2, Government Records Access and
5236     Management Act, the division shall, upon request, release to the Sex and Kidnap Offender
5237     Registry office in the Department of Corrections, the names and addresses of all applicants

5238     who, under Subsection (2)(k), indicate they are required to register as a sex offender in
5239     accordance with Title 77, Chapter 41, Sex and Kidnap Offender Registry.
5240          Section 73. Section 53-3-805 is amended to read:
5241          53-3-805. Identification card -- Contents -- Specifications.
5242          (1) As used in this section:
5243          (a) "Health care professional" means the same as that term is defined in Section
5244     53-3-207.
5245          (b) "Invisible condition" means the same as that term is defined in Section 53-3-207.
5246          (c) "Invisible condition identification symbol" means the same as that term is defined
5247     in Section 53-3-207.
5248          (2) (a) The division shall issue an identification card that bears:
5249          (i) the distinguishing number assigned to the individual by the division;
5250          (ii) the name, birth date, and Utah residence address of the individual;
5251          (iii) a brief description of the individual for the purpose of identification;
5252          (iv) a photograph of the individual;
5253          (v) a photograph or other facsimile of the individual's signature;
5254          (vi) an indication whether the individual intends to make an anatomical gift under
5255     [Title 26, Chapter 28, Revised Uniform Anatomical Gift Act] Title 26B, Chapter 8, Part 3,
5256     Revised Uniform Anatomical Gift Act; and
5257          (vii) if the individual states that the individual is a veteran of the United States military
5258     on the application for an identification card in accordance with Section 53-3-804 and provides
5259     verification that the individual received an honorable or general discharge from the United
5260     States Armed Forces, an indication that the individual is a United States military veteran for a
5261     regular identification card or a limited-term identification card issued on or after July 1, 2011.
5262          (b) An identification card issued by the division may not bear the individual's [Social
5263     Security] social security number or place of birth.
5264          (3) (a) The card shall be of an impervious material, resistant to wear, damage, and
5265     alteration.

5266          (b) Except as provided under Section 53-3-806, the size, form, and color of the card is
5267     prescribed by the commissioner.
5268          (4) At the applicant's request, the card may include a statement that the applicant has a
5269     special medical problem or allergies to certain drugs, for the purpose of medical treatment.
5270          (5) (a) The division shall include or affix an invisible condition identification symbol
5271     on an individual's identification card if the individual, on a form prescribed by the department:
5272          (i) requests the division to include the invisible condition identification symbol;
5273          (ii) provides written verification from a health care professional that the individual is
5274     an individual with an invisible condition; and
5275          (iii) submits a signed waiver of liability for the release of any medical information to:
5276          (A) the department;
5277          (B) any person who has access to the individual's medical information as recorded on
5278     the individual's driving record or the Utah Criminal Justice Information System under this
5279     chapter; and
5280          (C) any other person who may view or receive notice of the individual's medical
5281     information by seeing the individual's regular license certificate, limited-term license
5282     certificate, or driving privilege card or the individual's information in the Utah Criminal Justice
5283     Information System.
5284          (b) As part of the form described in Subsection (5)(a), the department shall advise the
5285     individual that by submitting the request and signed waiver, the individual consents to the
5286     release of the individual's medical information to any person described in Subsections
5287     (5)(a)(iii)(A) through (C), even if the person is otherwise ineligible to access the individual's
5288     medical information under state or federal law.
5289          (c) The division may not:
5290          (i) charge a fee to include the invisible condition identification symbol on the
5291     individual's identification card; or
5292          (ii) after including the invisible condition identification symbol on the individual's
5293     previously issued identification card, require the individual to provide subsequent written

5294     verification described in Subsection (5)(a)(ii) to include the invisible condition identification
5295     symbol on the individual's extended identification card.
5296          (d) The inclusion of an invisible condition identification symbol on an individual's
5297     identification card in accordance with Subsection (5)(a) does not confer any legal rights or
5298     privileges on the individual, including parking privileges for individuals with disabilities under
5299     Section 41-1a-414.
5300          (e) For each individual issued an identification card under this section that includes an
5301     invisible condition identification symbol, the division shall include in the division's database a
5302     brief description of the nature of the individual's invisible condition in the individual's record
5303     and provide the brief description to the Utah Criminal Justice Information System.
5304          (f) Except as provided in this section, the division may not release the information
5305     described in Subsection (5)(e).
5306          (g) Within 30 days after the day on which the division receives an individual's written
5307     request, the division shall:
5308          (i) remove from the individual's record in the division's database the invisible condition
5309     identification symbol and the brief description described in Subsection (5)(e); and
5310          (ii) provide the individual's updated record to the Utah Criminal Justice Information
5311     System.
5312          (6) As provided in Section 63G-2-302, the information described in Subsection (5)(a)
5313     is a private record for purposes of Title 63G, Chapter 2, Government Records Access and
5314     Management Act.
5315          (7) (a) The indication of intent under Subsection 53-3-804(2)(j) shall be authenticated
5316     by the applicant in accordance with division rule.
5317          (b) (i) Notwithstanding Title 63G, Chapter 2, Government Records Access and
5318     Management Act, the division may, upon request, release to an organ procurement
5319     organization, as defined in Section [26-28-102] 26B-8-301, the names and addresses of all
5320     individuals who under Subsection 53-3-804(2)(j) indicate that they intend to make an
5321     anatomical gift.

5322          (ii) An organ procurement organization may use released information only to:
5323          (A) obtain additional information for an anatomical gift registry; and
5324          (B) inform applicants of anatomical gift options, procedures, and benefits.
5325          (8) Notwithstanding Title 63G, Chapter 2, Government Records Access and
5326     Management Act, the division may release to the Department of Veterans and Military Affairs
5327     the names and addresses of all individuals who indicate their status as a veteran under
5328     Subsection 53-3-804(2)(l).
5329          (9) The division and the division's employees are not liable, as a result of false or
5330     inaccurate information provided under Subsection 53-3-804(2)(j) or (l), for direct or indirect:
5331          (a) loss;
5332          (b) detriment; or
5333          (c) injury.
5334          (10) (a) The division may issue a temporary regular identification card to an individual
5335     while the individual obtains the required documentation to establish verification of the
5336     information described in Subsections 53-3-804(2)(a), (b), (c), (d), and (i)(i).
5337          (b) A temporary regular identification card issued under this Subsection (10) shall be
5338     recognized and grant the individual the same privileges as a regular identification card.
5339          (c) A temporary regular identification card issued under this Subsection (10) is invalid:
5340          (i) when the individual's regular identification card has been issued;
5341          (ii) when, for good cause, an applicant's application for a regular identification card has
5342     been refused; or
5343          (iii) upon expiration of the temporary regular identification card.
5344          Section 74. Section 53-5-707 is amended to read:
5345          53-5-707. Concealed firearm permit -- Fees -- Concealed Weapons Account.
5346          (1) (a) An applicant for a concealed firearm permit shall pay a fee of $25 at the time of
5347     filing an application.
5348          (b) A nonresident applicant shall pay an additional $10 for the additional cost of
5349     processing a nonresident application.

5350          (c) The bureau shall waive the initial fee for an applicant who is a law enforcement
5351     officer under Section 53-13-103.
5352          (d) Concealed firearm permit renewal fees for active duty service members and the
5353     spouse of an active duty service member shall be waived.
5354          (2) The renewal fee for the permit is $20. A nonresident shall pay an additional $5 for
5355     the additional cost of processing a nonresidential renewal.
5356          (3) The replacement fee for the permit is $10.
5357          (4) (a) The late fee for the renewal permit is $7.50.
5358          (b) As used in this section, "late fee" means the fee charged by the bureau for a renewal
5359     submitted on a permit that has been expired for more than 30 days but less than one year.
5360          (5) (a) There is created a restricted account within the General Fund known as the
5361     "Concealed Weapons Account."
5362          (b) The account shall be funded from fees collected under this section and Section
5363     53-5-707.5.
5364          (c) Funds in the account may only be used to cover costs relating to:
5365          (i) the issuance of concealed firearm permits under this part; or
5366          (ii) the programs described in Subsection [62A-15-103(3)] 26B-5-102(3) and Section
5367     [62A-15-1101] 26B-5-611.
5368          (d) No later than 90 days after the end of the fiscal year 50% of the fund balance shall
5369     be transferred to the Suicide Prevention and Education Fund, created in Section [62A-15-1104]
5370     26B-1-326.
5371          (6) (a) The bureau may collect any fees charged by an outside agency for additional
5372     services required by statute as a prerequisite for issuance of a permit.
5373          (b) The bureau shall promptly forward any fees collected under Subsection (6)(a) to the
5374     appropriate agency.
5375          (7) The bureau shall make an annual report in writing to the Legislature's Law
5376     Enforcement and Criminal Justice Interim Committee on the amount and use of the fees
5377     collected under this section and Section 53-5-707.5.

5378          Section 75. Section 53-10-102 is amended to read:
5379          53-10-102. Definitions.
5380          As used in this chapter:
5381          (1) "Administration of criminal justice" means performance of any of the following:
5382     detection, apprehension, detention, pretrial release, posttrial release, prosecution, adjudication,
5383     correctional supervision, or rehabilitation of accused persons or criminal offenders.
5384          (2) "Alcoholic beverage" means the same as that term is defined in Section 32B-1-102.
5385          (3) "Alcoholic product" means the same as that term is defined in Section 32B-1-102.
5386          (4) "Bureau" means the Bureau of Criminal Identification within the department,
5387     created in Section 53-10-201.
5388          (5) "Commission" means the Alcoholic Beverage Services Commission.
5389          (6) "Communications services" means the technology of reception, relay, and
5390     transmission of information required by a public safety agency in the performance of the public
5391     safety agency's duty.
5392          (7) "Conviction record" means criminal history information indicating a record of a
5393     criminal charge that has led to a declaration of guilt of an offense.
5394          (8) "Criminal history record information" means information on an individual
5395     consisting of identifiable descriptions and notations of:
5396          (a) arrests, detentions, indictments, informations, or other formal criminal charges, and
5397     any disposition arising from any of them; and
5398          (b) sentencing, correctional supervision, and release.
5399          (9) "Criminal justice agency" means a court or a government agency or subdivision of
5400     a government agency that administers criminal justice under a statute, executive order, or local
5401     ordinance and that allocates greater than 50% of its annual budget to the administration of
5402     criminal justice.
5403          (10) "Criminalist" means the scientific discipline directed to the recognition,
5404     identification, individualization, and evaluation of physical evidence by application of the
5405     natural sciences in law-science matters.

5406          (11) "Department" means the Department of Public Safety.
5407          (12) "Director" means the division director appointed under Section 53-10-103.
5408          (13) "Division" means the Criminal Investigations and Technical Services Division
5409     created in Section 53-10-103.
5410          (14) "Executive order" means an order of the president of the United States or the chief
5411     executive of a state that has the force of law and that is published in a manner permitting
5412     regular public access to the order.
5413          (15) "Forensic" means dealing with the application of scientific knowledge relating to
5414     criminal evidence.
5415          (16) "Mental defective" means an individual who, by a district court, as a result of
5416     marked subnormal intelligence, or mental illness, incompetency, condition, or disease, is
5417     found:
5418          (a) to be a danger to himself or herself or others;
5419          (b) to lack the mental capacity to contract or manage the individual's own affairs;
5420          (c) to be incompetent by a court in a criminal case; or
5421          (d) to be incompetent to stand trial or found not guilty by reason or lack of mental
5422     responsibility.
5423          (17) "Missing child" means an individual under 18 years old who is missing from the
5424     individual's home environment or a temporary placement facility for any reason and whose
5425     location cannot be determined by the person responsible for the individual's care.
5426          (18) "Missing person" means the same as that term is defined in Section [26-2-27]
5427     26B-8-130.
5428          (19) "Pathogens" means disease-causing agents.
5429          (20) "Physical evidence" means something submitted to the bureau to determine the
5430     truth of a matter using scientific methods of analysis.
5431          (21) "Qualifying entity" means a business, organization, or a governmental entity that
5432     employs persons or utilizes volunteers who deal with:
5433          (a) national security interests;

5434          (b) fiduciary trust over money; or
5435          (c) the provision of care, treatment, education, training, instruction, supervision, or
5436     recreation to children, the elderly, or individuals with disabilities.
5437          Section 76. Section 53-10-104 is amended to read:
5438          53-10-104. Division duties.
5439          The division shall:
5440          (1) provide and coordinate the delivery of support services to law enforcement
5441     agencies;
5442          (2) maintain and provide access to criminal records for use by law enforcement
5443     agencies;
5444          (3) publish law enforcement and statistical data;
5445          (4) maintain dispatch and communications services for public safety communications
5446     centers and provide emergency medical, fire suppression, highway maintenance, public works,
5447     and law enforcement communications for municipal, county, state, and federal agencies;
5448          (5) analyze evidence from crime scenes and crime-related incidents for criminal
5449     prosecution;
5450          (6) provide criminalistic laboratory services to federal, state, and local law enforcement
5451     agencies, prosecuting attorneys['] and agencies, and public defenders, with the exception of
5452     those services provided by the state medical examiner in accordance with [Title 26, Chapter 4,
5453     Utah Medical Examiner Act] Title 26B, Chapter 8, Part 2, Utah Medical Examiner;
5454          (7) establish satellite laboratories as necessary to provide criminalistic services;
5455          (8) safeguard the public through licensing and regulation of activities that impact
5456     public safety, including concealed weapons, emergency vehicles, and private investigators;
5457          (9) provide investigative assistance to law enforcement and other government agencies;
5458          (10) collect and provide intelligence information to criminal justice agencies;
5459          (11) investigate crimes that jeopardize the safety of the citizens, as well as the interests,
5460     of the state;
5461          (12) regulate and investigate laws pertaining to the sale and distribution of liquor;

5462          (13) make rules to implement this chapter;
5463          (14) perform the functions specified in this chapter;
5464          (15) comply with the requirements of Section 11-40-103;
5465          (16) comply with the requirements of Sections 72-10-602 and 72-10-603; and
5466          (17) develop and maintain a secure database of cold cases within the Utah Criminal
5467     Justice Information System pursuant to Section 53-10-115.
5468          Section 77. Section 53-10-108 is amended to read:
5469          53-10-108. Restrictions on access, use, and contents of division records -- Limited
5470     use of records for employment purposes -- Challenging accuracy of records -- Usage fees
5471     -- Missing children records -- Penalty for misuse of records.
5472          (1) As used in this section:
5473          (a) "Clone" means to copy a subscription or subscription data from a rap back system,
5474     including associated criminal history record information, from a qualified entity to another
5475     qualified entity.
5476          (b) "FBI Rap Back System" means the rap back system maintained by the Federal
5477     Bureau of Investigation.
5478          (c) "Rap back system" means a system that enables authorized entities to receive
5479     ongoing status notifications of any criminal history reported on individuals whose fingerprints
5480     are registered in the system.
5481          (d) "Volunteer Employee Criminal History System" or "VECHS" means a system that
5482     allows the bureau and the Federal Bureau of Investigation to provide criminal history record
5483     information to a qualifying entity, including a non-governmental qualifying entity.
5484          (e) "WIN Database" means the Western Identification Network Database that consists
5485     of eight western states sharing one electronic fingerprint database.
5486          (2) Except as provided in Subsection (17), dissemination of information from a
5487     criminal history record, including information obtained from a fingerprint background check,
5488     name check, warrant of arrest information, or information from division files, is limited to:
5489          (a) criminal justice agencies for purposes of administration of criminal justice and for

5490     employment screening by criminal justice agencies;
5491          (b) (i) agencies or individuals pursuant to a specific agreement with a criminal justice
5492     agency to provide services required for the administration of criminal justice; and
5493          (ii) the agreement shall specifically authorize access to data, limit the use of the data to
5494     purposes for which given, and ensure the security and confidentiality of the data;
5495          (c) a qualifying entity for employment background checks for the qualifying entity's
5496     own employees or volunteers and individuals who have applied for employment with or to
5497     serve as a volunteer for the qualifying entity;
5498          (d) noncriminal justice agencies or individuals for any purpose authorized by statute,
5499     executive order, court rule, court order, or local ordinance;
5500          (e) agencies or individuals for the purpose of obtaining required clearances connected
5501     with foreign travel or obtaining citizenship;
5502          (f) agencies or individuals for the purpose of a preplacement adoptive study, in
5503     accordance with the requirements of Sections 78B-6-128 and 78B-6-130;
5504          (g) private security agencies through guidelines established by the commissioner for
5505     employment background checks for their own employees and prospective employees;
5506          (h) state agencies for the purpose of conducting a background check for the following
5507     individuals:
5508          (i) employees;
5509          (ii) applicants for employment;
5510          (iii) volunteers; and
5511          (iv) contract employees;
5512          (i) governor's office for the purpose of conducting a background check on the
5513     following individuals:
5514          (i) cabinet members;
5515          (ii) judicial applicants; and
5516          (iii) members of boards, committees, and commissions appointed by the governor;
5517          (j) the office of the lieutenant governor for the purpose of conducting a background

5518     check on an individual applying to be a notary public under Section 46-1-3;
5519          (k) agencies and individuals as the commissioner authorizes for the express purpose of
5520     research, evaluative, or statistical activities pursuant to an agreement with a criminal justice
5521     agency; and
5522          (l) other agencies and individuals as the commissioner authorizes and finds necessary
5523     for protection of life and property and for offender identification, apprehension, and
5524     prosecution pursuant to an agreement.
5525          (3) An agreement under Subsection (2)(k) shall specifically authorize access to data,
5526     limit the use of data to research, evaluative, or statistical purposes, preserve the anonymity of
5527     individuals to whom the information relates, and ensure the confidentiality and security of the
5528     data.
5529          (4) (a) Before requesting information, a qualifying entity under Subsection (2)(c), state
5530     agency, or other agency or individual described in Subsections (2)(d) through (j) shall obtain a
5531     signed waiver from the person whose information is requested.
5532          (b) The waiver shall notify the signee:
5533          (i) that a criminal history background check will be conducted;
5534          (ii) who will see the information; and
5535          (iii) how the information will be used.
5536          (c) A qualifying entity under Subsection (2)(c), state agency, or other agency or
5537     individual described in Subsections (2)(d) through (g) that submits a request for a noncriminal
5538     justice name based background check of local databases to the bureau shall provide to the
5539     bureau:
5540          (i) personal identifying information for the subject of the background check; and
5541          (ii) the fee required by Subsection (15).
5542          (d) A qualifying entity under Subsection (2)(c), state agency, or other agency or
5543     individual described in Subsections (2)(d) through (g) that submits a request for a WIN
5544     database check and a nationwide background check shall provide to the bureau:
5545          (i) personal identifying information for the subject of the background check;

5546          (ii) a fingerprint card for the subject of the background check; and
5547          (iii) the fee required by Subsection (15).
5548          (e) Information received by a qualifying entity under Subsection (2)(c), state agency, or
5549     other agency or individual described in Subsections (2)(d) through (j) may only be:
5550          (i) available to individuals involved in the hiring or background investigation of the job
5551     applicant, employee, notary applicant, or as authorized under federal or state law;
5552          (ii) used for the purpose of assisting in making an employment appointment, selection,
5553     or promotion decision or for considering a notary applicant under Section 46-1-3; and
5554          (iii) used for the purposes disclosed in the waiver signed in accordance with Subsection
5555     (4)(b).
5556          (f) An individual who disseminates or uses information obtained from the division
5557     under Subsections (2)(c) through (j) for purposes other than those specified under Subsection
5558     (4)(e), in addition to any penalties provided under this section, is subject to civil liability.
5559          (g) (i) A qualifying entity under Subsection (2)(c), state agency, or other agency or
5560     individual described in Subsections (2)(d) through (j) that obtains background check
5561     information shall provide the subject of the background check an opportunity to:
5562          (A) request a copy of the information received; and
5563          (B) respond to and challenge the accuracy of any information received.
5564          (ii) An individual who is the subject of a background check and who receives a copy of
5565     the information described in Subsection (4)(g)(i) may use the information only for the purpose
5566     of reviewing, responding to, or challenging the accuracy of the information.
5567          (h) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
5568     division may make rules to implement this Subsection (4).
5569          (i) The division or the division's employees are not liable for defamation, invasion of
5570     privacy, negligence, or any other claim in connection with the contents of information
5571     disseminated under Subsections (2)(c) through (j).
5572          (5) (a) Except as provided in Subsection (5)(b), (c), (d), or (e), or as otherwise
5573     authorized under state law, criminal history record information obtained from division files

5574     may be used only for the purposes for which the information was provided.
5575          (b) A criminal history provided to an agency under Subsection (2)(f) may be provided
5576     by the agency to the individual who is the subject of the history, another licensed child-placing
5577     agency, or the attorney for the adoptive parents for the purpose of facilitating an adoption.
5578          (c) A criminal history of a defendant provided to a criminal justice agency under
5579     Subsection (2)(a) may also be provided by the prosecutor to a defendant's defense counsel,
5580     upon request during the discovery process, for the purpose of establishing a defense in a
5581     criminal case.
5582          (d) A public transit district, as described in Title 17B, Chapter 2a, Part 8, Public
5583     Transit District Act, that is under contract with a state agency to provide services may, for the
5584     purposes of complying with Subsection [62A-5-103.5(5)] 26B-6-410(5), provide a criminal
5585     history record to the state agency or the agency's designee.
5586          (e) Criminal history record information obtained from a national source may be
5587     disseminated if the dissemination is authorized by a policy issued by the Criminal Justice
5588     Information Services Division or other federal law.
5589          (6) (a) A qualifying entity under Subsection (2)(c) may submit fingerprints to the
5590     bureau and the Federal Bureau of Investigation for a local and national background check
5591     under the provisions of the National Child Protection Act of 1993, 42 U.S.C. Sec. 5119 et seq.
5592          (b) A qualifying entity under Subsection (2)(c) that submits fingerprints under
5593     Subsection (6)(a):
5594          (i) shall meet all VECHS requirements for using VECHS; and
5595          (ii) may only submit fingerprints for an employee, volunteer, or applicant who has
5596     resided in Utah for the seven years before the day on which the qualifying entity submits the
5597     employee's, volunteer's, or applicant's fingerprints.
5598          (7) (a) This section does not preclude the use of the division's central computing
5599     facilities for the storage and retrieval of criminal history record information.
5600          (b) This information shall be stored so the information cannot be modified, destroyed,
5601     or accessed by unauthorized agencies or individuals.

5602          (8) Direct access through remote computer terminals to criminal history record
5603     information in the division's files is limited to those agencies authorized by the commissioner
5604     under procedures designed to prevent unauthorized access to this information.
5605          (9) (a) The commissioner shall establish procedures to allow an individual right of
5606     access to review and receive a copy of the individual's criminal history report.
5607          (b) A processing fee for the right of access service, including obtaining a copy of the
5608     individual's criminal history report under Subsection (9)(a) shall be set in accordance with
5609     Section 63J-1-504.
5610          (c) (i) The commissioner shall establish procedures for an individual to challenge the
5611     completeness and accuracy of criminal history record information contained in the division's
5612     computerized criminal history files regarding that individual.
5613          (ii) These procedures shall include provisions for amending any information found to
5614     be inaccurate or incomplete.
5615          (10) The private security agencies as provided in Subsection (2)(g):
5616          (a) shall be charged for access; and
5617          (b) shall be registered with the division according to rules made by the division under
5618     Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
5619          (11) Before providing information requested under this section, the division shall give
5620     priority to a criminal justice agency's needs.
5621          (12) (a) It is a class B misdemeanor for a person to knowingly or intentionally access,
5622     use, disclose, or disseminate a record created, maintained, or to which access is granted by the
5623     division or any information contained in a record created, maintained, or to which access is
5624     granted by the division for a purpose prohibited or not permitted by statute, rule, regulation, or
5625     policy of a governmental entity.
5626          (b) A person who discovers or becomes aware of any unauthorized use of records
5627     created or maintained, or to which access is granted by the division shall inform the
5628     commissioner and the director of the bureau of the unauthorized use.
5629          (13) (a) Subject to Subsection (13)(b), a qualifying entity or an entity described in

5630     Subsection (2) may request that the division register fingerprints taken for the purpose of
5631     conducting current and future criminal background checks under this section with:
5632          (i) the WIN Database rap back system, or any successor system;
5633          (ii) the FBI Rap Back System; or
5634          (iii) a system maintained by the division.
5635          (b) A qualifying entity or an entity described in Subsection (2) may only make a
5636     request under Subsection (13)(a) if the entity:
5637          (i) has the authority through state or federal statute or federal executive order;
5638          (ii) obtains a signed waiver from the individual whose fingerprints are being registered;
5639     and
5640          (iii) establishes a privacy risk mitigation strategy to ensure that the entity only receives
5641     notifications for individuals with whom the entity maintains an authorizing relationship.
5642          (14) The division is authorized to submit fingerprints to the FBI Rap Back System to
5643     be retained in the FBI Rap Back System for the purpose of being searched by future
5644     submissions to the FBI Rap Back System, including latent fingerprint searches.
5645          (15) (a) The division shall impose fees set in accordance with Section 63J-1-504 for
5646     the applicant fingerprint card, name check, and to register fingerprints under Subsection
5647     (13)(a).
5648          (b) Funds generated under this Subsection (15) shall be deposited into the General
5649     Fund as a dedicated credit by the department to cover the costs incurred in providing the
5650     information.
5651          (c) The division may collect fees charged by an outside agency for services required
5652     under this section.
5653          (16) For the purposes of conducting a criminal background check authorized under
5654     Subsection (2)(h), (i), or (j), the Division of Human Resource Management, in accordance with
5655     Title 63A, Chapter 17, Utah State Personnel Management Act, and the governor's office shall
5656     have direct access to criminal background information maintained under Chapter 10, Part 2,
5657     Bureau of Criminal Identification.

5658          (17) (a) Except as provided in Subsection (18), if an individual has an active FBI Rap
5659     Back System subscription with a qualifying entity, the division may, upon request from another
5660     qualifying entity, clone the subscription to the requesting qualifying entity if:
5661          (i) the requesting qualifying entity requests the clone:
5662          (A) for the purpose of evaluating whether the individual should be permitted to obtain
5663     or retain a license for, or serve as an employee or volunteer in a position in which the
5664     individual is responsible for, the care, treatment, training, instruction, supervision, or recreation
5665     of children, the elderly, or individuals with disabilities; or
5666          (B) for the same purpose as the purpose for which the original qualifying entity
5667     requested the criminal history record information;
5668          (ii) the requesting qualifying entity is expressly authorized by statute to obtain criminal
5669     history record information for the individual who is the subject of the request;
5670          (iii) before requesting the clone, the requesting qualifying entity obtains a signed
5671     waiver, containing the information described in Subsection (4)(b), from the individual who is
5672     the subject of the request;
5673          (iv) the requesting qualifying entity or the individual pays any applicable fees set by the
5674     division in accordance with Section 63J-1-504; and
5675          (v) the requesting qualifying entity complies with the requirements described in
5676     Subsection (4)(g).
5677          (b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
5678     division may make rules regulating the process described in this Subsection (17).
5679          (18) (a) Subsection (17) does not apply unless the Federal Bureau of Investigation
5680     approves the use of the FBI Rap Back System for the purpose described in Subsection
5681     (17)(a)(i) under the conditions described in Subsection (17).
5682          (b) Subsection (17) does not apply to the extent that implementation of the provisions
5683     of Subsection (17) are contrary to the requirements of the Child Care and Development Block
5684     Grant, 42 U.S.C. Secs. 9857-9858r or any other federal grant.
5685          (19) (a) Information received by a qualifying entity under Subsection (17) may only be

5686     disclosed and used as described in Subsection (4)(e).
5687          (b) A person who disseminates or uses information received under Subsection (17) for
5688     a purpose other than those described in Subsection (4)(e) is subject to the penalties described in
5689     this section and is also subject to civil liability.
5690          (c) A qualifying entity is not liable for defamation, invasion of privacy, negligence, or
5691     any other claim in connection with the contents of information disseminated under Subsection
5692     (17).
5693          Section 78. Section 53-10-202 is amended to read:
5694          53-10-202. Criminal identification -- Duties of bureau.
5695          The bureau shall:
5696          (1) procure and file information relating to identification and activities of persons who:
5697          (a) are fugitives from justice;
5698          (b) are wanted or missing;
5699          (c) have been arrested for or convicted of a crime under the laws of any state or nation;
5700     and
5701          (d) are believed to be involved in racketeering, organized crime, or a dangerous
5702     offense;
5703          (2) establish a statewide uniform crime reporting system that shall include:
5704          (a) statistics concerning general categories of criminal activities;
5705          (b) statistics concerning crimes that exhibit evidence of prejudice based on race,
5706     religion, ancestry, national origin, ethnicity, or other categories that the division finds
5707     appropriate;
5708          (c) statistics concerning the use of force by law enforcement officers in accordance
5709     with the Federal Bureau of Investigation's standards; and
5710          (d) other statistics required by the Federal Bureau of Investigation;
5711          (3) make a complete and systematic record and index of the information obtained
5712     under this part;
5713          (4) subject to the restrictions in this part, establish policy concerning the use and

5714     dissemination of data obtained under this part;
5715          (5) publish an annual report concerning the extent, fluctuation, distribution, and nature
5716     of crime in Utah;
5717          (6) establish a statewide central register for the identification and location of missing
5718     persons, which may include:
5719          (a) identifying data including fingerprints of each missing person;
5720          (b) identifying data of any missing person who is reported as missing to a law
5721     enforcement agency having jurisdiction;
5722          (c) dates and circumstances of any persons requesting or receiving information from
5723     the register; and
5724          (d) any other information, including blood types and photographs found necessary in
5725     furthering the purposes of this part;
5726          (7) publish a quarterly directory of missing persons for distribution to persons or
5727     entities likely to be instrumental in the identification and location of missing persons;
5728          (8) list the name of every missing person with the appropriate nationally maintained
5729     missing persons lists;
5730          (9) establish and operate a 24-hour communication network for reports of missing
5731     persons and reports of sightings of missing persons;
5732          (10) coordinate with the National Center for Missing and Exploited Children and other
5733     agencies to facilitate the identification and location of missing persons and the identification of
5734     unidentified persons and bodies;
5735          (11) receive information regarding missing persons as provided in Sections [26-2-27]
5736     26B-8-130 and 53G-6-602, and stolen vehicles, vessels, and outboard motors, as provided in
5737     Section 41-1a-1401;
5738          (12) adopt systems of identification, including the fingerprint system, to be used by the
5739     division to facilitate law enforcement;
5740          (13) assign a distinguishing number or mark of identification to any pistol or revolver,
5741     as provided in Section 76-10-520;

5742          (14) check certain criminal records databases for information regarding motor vehicle
5743     salesperson applicants, maintain a separate file of fingerprints for motor vehicle salespersons,
5744     and inform the Motor Vehicle Enforcement Division when new entries are made for certain
5745     criminal offenses for motor vehicle salespersons in accordance with the requirements of
5746     Section 41-3-205.5;
5747          (15) check certain criminal records databases for information regarding driving
5748     privilege card applicants or cardholders and maintain a separate file of fingerprints for driving
5749     privilege applicants and cardholders and inform the federal Immigration and Customs
5750     Enforcement Agency of the United States Department of Homeland Security when new entries
5751     are made in accordance with the requirements of Section 53-3-205.5;
5752          (16) review and approve or disapprove applications for license renewal that meet the
5753     requirements for renewal; and
5754          (17) forward to the board those applications for renewal under Subsection (16) that do
5755     not meet the requirements for renewal.
5756          Section 79. Section 53-10-208.1 is amended to read:
5757          53-10-208.1. Magistrates and court clerks to supply information.
5758          (1) Every magistrate or clerk of a court responsible for court records in this state shall,
5759     within 30 days of the disposition and on forms and in the manner provided by the division,
5760     furnish the division with information pertaining to:
5761          (a) all dispositions of criminal matters, including:
5762          (i) guilty pleas;
5763          (ii) convictions;
5764          (iii) dismissals;
5765          (iv) acquittals;
5766          (v) pleas held in abeyance;
5767          (vi) judgments of not guilty by reason of insanity;
5768          (vii) judgments of guilty with a mental illness;
5769          (viii) finding of mental incompetence to stand trial; and

5770          (ix) probations granted;
5771          (b) orders of civil commitment under the terms of Section [62A-15-631] 26B-5-332;
5772          (c) the issuance, recall, cancellation, or modification of all warrants of arrest or
5773     commitment as described in Rule 6, Utah Rules of Criminal Procedure and Section 78B-6-303,
5774     within one day of the action and in a manner provided by the division; and
5775          (d) protective orders issued after notice and hearing, pursuant to:
5776          (i) Title 77, Chapter 36, Cohabitant Abuse Procedures Act;
5777          (ii) Title 78B, Chapter 7, Part 4, Dating Violence Protective Orders;
5778          (iii) Title 78B, Chapter 7, Part 5, Sexual Violence Protective Orders;
5779          (iv) Title 78B, Chapter 7, Part 6, Cohabitant Abuse Protective Orders; or
5780          (v) Title 78B, Chapter 7, Part 8, Criminal Protective Orders.
5781          (2) The court in the county where a determination or finding was made shall transmit a
5782     record of the determination or finding to the bureau no later than 48 hours after the
5783     determination is made, excluding Saturdays, Sundays, and legal holidays, if an individual is:
5784          (a) adjudicated as a mental defective; or
5785          (b) involuntarily committed to a mental institution in accordance with Subsection
5786     [62A-15-631(16)] 26B-5-332(16).
5787          (3) The record described in Subsection (2) shall include:
5788          (a) an agency record identifier;
5789          (b) the individual's name, sex, race, and date of birth; and
5790          (c) the individual's social security number, government issued driver license or
5791     identification number, alien registration number, government passport number, state
5792     identification number, or FBI number.
5793          Section 80. Section 53-10-403 is amended to read:
5794          53-10-403. DNA specimen analysis -- Application to offenders, including minors.
5795          (1) Sections 53-10-403.6, 53-10-404, 53-10-404.5, 53-10-405, and 53-10-406 apply to
5796     any person who:
5797          (a) has pled guilty to or has been convicted of any of the offenses under Subsection

5798     (2)(a) or (b) on or after July 1, 2002;
5799          (b) has pled guilty to or has been convicted by any other state or by the United States
5800     government of an offense which if committed in this state would be punishable as one or more
5801     of the offenses listed in Subsection (2)(a) or (b) on or after July 1, 2003;
5802          (c) has been booked on or after January 1, 2011, through December 31, 2014, for any
5803     offense under Subsection (2)(c);
5804          (d) has been booked:
5805          (i) by a law enforcement agency that is obtaining a DNA specimen on or after May 13,
5806     2014, through December 31, 2014, under Subsection 53-10-404(4)(b) for any felony offense; or
5807          (ii) on or after January 1, 2015, for any felony offense; or
5808          (e) is a minor under Subsection (3).
5809          (2) Offenses referred to in Subsection (1) are:
5810          (a) any felony or class A misdemeanor under the Utah Code;
5811          (b) any offense under Subsection (2)(a):
5812          (i) for which the court enters a judgment for conviction to a lower degree of offense
5813     under Section 76-3-402; or
5814          (ii) regarding which the court allows the defendant to enter a plea in abeyance as
5815     defined in Section 77-2a-1; or
5816          (c) (i) any violent felony as defined in Section 53-10-403.5;
5817          (ii) sale or use of body parts, Section [26-28-116] 26B-8-315;
5818          (iii) failure to stop at an accident that resulted in death, Section 41-6a-401.5;
5819          (iv) operating a motor vehicle with any amount of a controlled substance in an
5820     individual's body and causing serious bodily injury or death, as codified before May 4, 2022,
5821     Laws of Utah 2021, Chapter 236, Section 1, Subsection 58-37-8(2)(g);
5822          (v) a felony violation of enticing a minor over the Internet, Section 76-4-401;
5823          (vi) negligently operating a vehicle resulting in injury, Subsection 76-5-102.1(2)(b);
5824          (vii) a felony violation of propelling a substance or object at a correctional officer, a
5825     peace officer, or an employee or a volunteer, including health care providers, Section

5826     76-5-102.6;
5827          (viii) negligently operating a vehicle resulting in death, Subsection 76-5-207(2)(b);
5828          (ix) aggravated human trafficking, Section 76-5-310, and aggravated human
5829     smuggling, Section 76-5-310.1;
5830          (x) a felony violation of unlawful sexual activity with a minor, Section 76-5-401;
5831          (xi) a felony violation of sexual abuse of a minor, Section 76-5-401.1;
5832          (xii) unlawful sexual contact with a 16- or 17-year old, Section 76-5-401.2;
5833          (xiii) sale of a child, Section 76-7-203;
5834          (xiv) aggravated escape, Subsection 76-8-309(2);
5835          (xv) a felony violation of assault on an elected official, Section 76-8-315;
5836          (xvi) influencing, impeding, or retaliating against a judge or member of the Board of
5837     Pardons and Parole, Section 76-8-316;
5838          (xvii) advocating criminal syndicalism or sabotage, Section 76-8-902;
5839          (xviii) assembly for advocating criminal syndicalism or sabotage, Section 76-8-903;
5840          (xix) a felony violation of sexual battery, Section 76-9-702.1;
5841          (xx) a felony violation of lewdness involving a child, Section 76-9-702.5;
5842          (xxi) a felony violation of abuse or desecration of a dead human body, Section
5843     76-9-704;
5844          (xxii) manufacture, possession, sale, or use of a weapon of mass destruction, Section
5845     76-10-402;
5846          (xxiii) manufacture, possession, sale, or use of a hoax weapon of mass destruction,
5847     Section 76-10-403;
5848          (xxiv) possession of a concealed firearm in the commission of a violent felony,
5849     Subsection 76-10-504(4);
5850          (xxv) assault with the intent to commit bus hijacking with a dangerous weapon,
5851     Subsection 76-10-1504(3);
5852          (xxvi) commercial obstruction, Subsection 76-10-2402(2);
5853          (xxvii) a felony violation of failure to register as a sex or kidnap offender, Section

5854     77-41-107;
5855          (xxviii) repeat violation of a protective order, Subsection 77-36-1.1(4); or
5856          (xxix) violation of condition for release after arrest under Section 78B-7-802.
5857          (3) A minor under Subsection (1) is a minor 14 years old or older who is adjudicated
5858     by the juvenile court due to the commission of any offense described in Subsection (2), and
5859     who:
5860          (a) committed an offense under Subsection (2) within the jurisdiction of the juvenile
5861     court on or after July 1, 2002; or
5862          (b) is in the legal custody of the Division of Juvenile Justice and Youth Services on or
5863     after July 1, 2002, for an offense under Subsection (2).
5864          Section 81. Section 53-10-405 is amended to read:
5865          53-10-405. DNA specimen analysis -- Saliva sample to be obtained by agency --
5866     Blood sample to be drawn by professional.
5867          (1) (a) A saliva sample shall be obtained by the responsible agency under Subsection
5868     53-10-404(5).
5869          (b) The sample shall be obtained in a professionally acceptable manner, using
5870     appropriate procedures to ensure the sample is adequate for DNA analysis.
5871          (2) (a) A blood sample shall be drawn in a medically acceptable manner by any of the
5872     following:
5873          (i) a physician;
5874          (ii) a physician assistant;
5875          (iii) a registered nurse;
5876          (iv) a licensed practical nurse;
5877          (v) a paramedic;
5878          (vi) as provided in Subsection (2)(b), emergency medical service personnel other than
5879     paramedics; or
5880          (vii) a person with a valid permit issued by the Department of Health and Human
5881     Services under Section [26-1-30] 26B-1-202.

5882          (b) The Department of Health and Human Services may designate by rule, in
5883     accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, which emergency
5884     medical service personnel, as defined in Section [26-8a-102] 26B-4-101, are authorized to
5885     draw blood under Subsection (2)(a)(vi), based on the type of license under Section [26-8a-302]
5886     26B-4-116.
5887          (c) A person authorized by this section to draw a blood sample may not be held civilly
5888     liable for drawing a sample in a medically acceptable manner.
5889          (3) A test result or opinion based upon a test result regarding a DNA specimen may not
5890     be rendered inadmissible as evidence solely because of deviations from procedures adopted by
5891     the department that do not affect the reliability of the opinion or test result.
5892          (4) A DNA specimen is not required to be obtained if:
5893          (a) the court or the responsible agency confirms with the department that the
5894     department has previously received an adequate DNA specimen obtained from the person in
5895     accordance with this section; or
5896          (b) the court determines that obtaining a DNA specimen would create a substantial and
5897     unreasonable risk to the health of the person.
5898          Section 82. Section 53-10-802 is amended to read:
5899          53-10-802. Request for testing -- Mandatory testing -- Liability for costs.
5900          (1) (a) An alleged victim of a sexual offense, the parent or guardian of an alleged
5901     victim who is a minor, or the guardian of an alleged victim who is a vulnerable adult as defined
5902     in Section [62A-3-301] 26B-6-201 may request that the alleged sexual offender against whom
5903     the indictment, information, or petition is filed or regarding whom the arrest has been made be
5904     tested to determine whether the alleged offender is an HIV positive individual.
5905          (b) If the alleged victim under Subsection (1)(a) has requested that the alleged offender
5906     be tested, the alleged offender shall submit to being tested not later than 48 hours after an
5907     information or indictment is filed or an order requiring a test is signed.
5908          (c) If the alleged victim under Subsection (1)(a) requests that the alleged offender be
5909     tested more than 48 hours after an information or indictment is filed, the offender shall submit

5910     to being tested not later than 24 hours after the request is made.
5911          (d) As soon as practicable, the results of the test conducted pursuant to this section
5912     shall be provided to:
5913          (i) the alleged victim who requested the test;
5914          (ii) the parent or guardian of the alleged victim, if the alleged victim is a minor;
5915          (iii) the legal guardian of the alleged victim if the victim is a vulnerable adult as
5916     defined in Section [62A-3-301] 26B-6-201;
5917          (iv) the alleged offender; and
5918          (v) the parent or legal guardian of the alleged offender, if the offender is a minor.
5919          (e) If follow-up testing is medically indicated, the results of follow-up testing of the
5920     alleged offender shall be sent as soon as practicable to:
5921          (i) the alleged victim;
5922          (ii) the parent or guardian of the alleged victim if the alleged victim is a minor;
5923          (iii) the legal guardian of the alleged victim, if the victim is a vulnerable adult as
5924     defined in Section [62A-3-301] 26B-6-201;
5925          (iv) the alleged offender; and
5926          (v) the parent or legal guardian of the alleged offender, if the alleged offender is a
5927     minor.
5928          (2) If the mandatory test has not been conducted, and the alleged offender or alleged
5929     minor offender is already confined in a county jail, state prison, or a secure youth corrections
5930     facility, the alleged offender shall be tested while in confinement.
5931          (3) (a) The secure youth corrections facility or county jail shall cause the blood
5932     specimen of the alleged offender under Subsection (1) confined in that facility to be taken and
5933     shall forward the specimen to:
5934          (i) the Department of Health and Human Services; or
5935          (ii) an alternate testing facility, as determined by the secure youth corrections facility or
5936     county jail, if testing under Subsection (3)(a)(i) is unavailable.
5937          (b) The entity that receives the specimen under Subsection (3)(a) shall provide the

5938     result to the prosecutor as soon as practicable for release to the parties as described in
5939     Subsection (1)(d) or (e).
5940          (4) The Department of Corrections shall cause the blood specimen of the alleged
5941     offender defined in Subsection (1) confined in any state prison to be taken and shall forward
5942     the specimen to the Department of Health and Human Services as provided in Section
5943     64-13-36.
5944          (5) The alleged offender who is tested is responsible upon conviction for the costs of
5945     testing, unless the alleged offender is indigent. The costs will then be paid by the Department
5946     of Health and Human Services from the General Fund.
5947          Section 83. Section 53-10-804 is amended to read:
5948          53-10-804. Victim notification and counseling.
5949          (1) (a) The Department of Health of Human Services shall provide the victim who
5950     requests testing of the alleged sexual offender's human immunodeficiency virus status
5951     counseling regarding HIV disease and referral for appropriate health care and support services.
5952          (b) If the local health department in whose jurisdiction the victim resides and the
5953     Department of Health and Human Services agree, the Department of Health and Human
5954     Services shall forward a report of the alleged sexual offender's human immunodeficiency virus
5955     status to the local health department and the local health department shall provide the victim
5956     who requests the test with the test results, counseling regarding HIV disease, and referral for
5957     appropriate health care and support services.
5958          (2) Notwithstanding the provisions of Section [26-6-27] 26B-7-217, the Department of
5959     Health and Human Services and a local health department acting pursuant to an agreement
5960     made under Subsection (1) may disclose to the victim the results of the alleged sexual
5961     offender's human immunodeficiency virus status as provided in this section.
5962          Section 84. Section 53-13-105 is amended to read:
5963          53-13-105. Special function officer.
5964          (1) (a) "Special function officer" means a sworn and certified peace officer performing
5965     specialized investigations, service of legal process, security functions, or specialized ordinance,

5966     rule, or regulatory functions.
5967          (b) "Special function officer" includes:
5968          (i) state military police;
5969          (ii) constables;
5970          (iii) port-of-entry agents as defined in Section 72-1-102;
5971          (iv) authorized employees or agents of the Department of Transportation assigned to
5972     administer and enforce the provisions of Title 72, Chapter 9, Motor Carrier Safety Act;
5973          (v) school district security officers;
5974          (vi) Utah State Hospital security officers designated pursuant to Section [62A-15-603]
5975     26B-5-303;
5976          (vii) Utah State Developmental Center security officers designated pursuant to
5977     [Subsection 62A-5-206(8)] Section 26B-6-506;
5978          (viii) fire arson investigators for any political subdivision of the state;
5979          (ix) ordinance enforcement officers employed by municipalities or counties may be
5980     special function officers;
5981          (x) employees of the Department of Natural Resources who have been designated to
5982     conduct supplemental enforcement functions as a collateral duty;
5983          (xi) railroad special agents deputized by a county sheriff under Section 17-30-2 or
5984     17-30a-104, or appointed pursuant to Section 56-1-21.5;
5985          (xii) auxiliary officers, as described by Section 53-13-112;
5986          (xiii) special agents, process servers, and investigators employed by city attorneys;
5987          (xiv) criminal tax investigators designated under Section 59-1-206; and
5988          (xv) all other persons designated by statute as having special function officer authority
5989     or limited peace officer authority.
5990          (2) (a) A special function officer may exercise that spectrum of peace officer authority
5991     that has been designated by statute to the employing agency, and only while on duty, and not
5992     for the purpose of general law enforcement.
5993          (b) If the special function officer is charged with security functions respecting facilities

5994     or property, the powers may be exercised only in connection with acts occurring on the
5995     property where the officer is employed or when required for the protection of the employer's
5996     interest, property, or employees.
5997          (c) A special function officer may carry firearms only while on duty, and only if
5998     authorized and under conditions specified by the officer's employer or chief administrator.
5999          (3) (a) A special function officer may not exercise the authority of a special function
6000     officer until:
6001          (i) the officer has satisfactorily completed an approved basic training program for
6002     special function officers as provided under Subsection (4); and
6003          (ii) the chief law enforcement officer or administrator has certified this fact to the
6004     director of the division.
6005          (b) City and county constables and their deputies shall certify their completion of
6006     training to the legislative governing body of the city or county they serve.
6007          (4) (a) The agency that the special function officer serves may establish and maintain a
6008     basic special function course and in-service training programs as approved by the director of
6009     the division with the advice and consent of the council.
6010          (b) The in-service training shall consist of no fewer than 40 hours per year and may be
6011     conducted by the agency's own staff or by other agencies.
6012          (5) (a) An individual shall be 19 years old or older before being certified or employed
6013     as a special function officer.
6014          (b) A special function officer who is under 21 years old may only work as a
6015     correctional officer in accordance with Section 53-13-104.
6016          Section 85. Section 53-13-110 is amended to read:
6017          53-13-110. Duties to investigate specified instances of abuse or neglect.
6018          In accordance with the requirements of Section 80-2-703, law enforcement officers
6019     shall investigate alleged instances of abuse or neglect of a child that occur while the child is in
6020     the custody of the Division of Child and Family Services, within the Department of Health and
6021     Human Services.

6022          Section 86. Section 53-21-101 is amended to read:
6023          53-21-101. Definitions.
6024          As used in this chapter:
6025          (1) "Crime scene investigator technician" means an individual employed by a law
6026     enforcement agency to collect and analyze evidence from crime scenes and crime-related
6027     incidents.
6028          (2) "Department" means the Department of Public Safety.
6029          (3) "First responder" means:
6030          (a) a law enforcement officer, as defined in Section 53-13-103;
6031          (b) an emergency medical technician, as defined in Section [26-8c-102] 26B-4-137;
6032          (c) an advanced emergency medical technician, as defined in Section [26-8c-102]
6033     26B-4-137;
6034          (d) a paramedic, as defined in Section [26-8c-102] 26B-4-137;
6035          (e) a firefighter, as defined in Section 34A-3-113;
6036          (f) a dispatcher, as defined in Section 53-6-102;
6037          (g) a correctional officer, as defined in Section 53-13-104;
6038          (h) a special function officer, as defined in Section 53-13-105, employed by a local
6039     sheriff;
6040          (i) a search and rescue worker under the supervision of a local sheriff;
6041          (j) a credentialed criminal justice system victim advocate as defined in Section
6042     77-38-403 who responds to incidents with a law enforcement officer;
6043          (k) a crime scene investigator technician; or
6044          (l) a wildland firefighter.
6045          (4) "First responder agency" means a local district, municipality, interlocal entity, or
6046     other political subdivision that employs a first responder to provide fire protection, paramedic,
6047     law enforcement, or emergency services.
6048          (5) "Mental health resources" means:
6049          (a) an assessment to determine appropriate mental health treatment that is performed

6050     by a mental health therapist;
6051          (b) outpatient mental health treatment provided by a mental health therapist; or
6052          (c) peer support services provided by a peer support specialist who is qualified to
6053     provide peer support services under Subsection [62A-15-103(2)(h)] 26B-5-102(2)(h).
6054          (6) "Mental health therapist" means the same as that term is defined in Section
6055     58-60-102.
6056          (7) "Plan" means a plan to implement or expand a program that provides mental health
6057     resources to first responders for which the division awards a grant under this chapter.
6058          Section 87. Section 53B-1-111 is amended to read:
6059          53B-1-111. Organ donation notification.
6060          (1) As used in this section:
6061          (a) "Donor" means the same as that term is defined in Section [26-28-102] 26B-4-137.
6062          (b) "Donor registry" means the same as that term is defined in Section [26-28-102]
6063     26B-4-137.
6064          (c) "Institution of higher education" means an institution as described in Section
6065     53B-3-102.
6066          (2) (a) An institution of higher education shall distribute, twice each academic year to
6067     each enrolled student:
6068          (i) an electronic message notifying each student of the option to register as a donor by
6069     selecting the Internet link described in Subsection (2)(a)(ii); and
6070          (ii) through the electronic message described in Subsection (2)(a)(i) an Internet link to
6071     a website for a donor registry established under Section [26-28-120] 26B-8-319.
6072          (b) An institution of higher education may also provide to students information on
6073     donor registry by other electronic, printed, or in-person means.
6074          Section 88. Section 53B-17-301 is amended to read:
6075          53B-17-301. Unclaimed dead bodies -- Notice to school of medicine at the
6076     University of Utah -- Preservation of dead bodies.
6077          (1) A county shall, within 24 hours after assuming custody of an unclaimed body for

6078     which the county is required to provide burial under Section [26-4-25] 26B-8-225, provide
6079     notice of the county's custody of the body to the dean of the school of medicine at the
6080     University of Utah.
6081          (2) The notice described in Subsection (1) shall specify the body's probable cause of
6082     death.
6083          (3) Subject to Section [26-4-25] 26B-8-225, the county shall, at the request of the dean
6084     of the school of medicine at the University of Utah, forward the body to the university, at the
6085     university's expense, within 24 hours of receiving the dean's request.
6086          (4) The school of medicine at the University of Utah shall, for a body it receives under
6087     Subsection (3):
6088          (a) properly embalm and preserve the body for at least 60 days; and
6089          (b) upon request, release the body to a person with priority to control the disposition of
6090     the body under Section 58-9-602.
6091          Section 89. Section 53B-17-903 is amended to read:
6092          53B-17-903. Education in pain treatment.
6093          The University of Utah School of Medicine shall ensure that any licensed physicians
6094     who oversee fellowship training to specialize in pain treatment are qualified medical providers,
6095     as that term is defined in Section [26-61a-102] 26B-4-201.
6096          Section 90. Section 53B-17-1203 is amended to read:
6097          53B-17-1203. SafeUT and School Safety Commission established -- Members.
6098          (1) There is created the SafeUT and School Safety Commission composed of the
6099     following members:
6100          (a) one member who represents the Office of the Attorney General, appointed by the
6101     attorney general;
6102          (b) one member who represents the Utah public education system, appointed by the
6103     State Board of Education;
6104          (c) one member who represents the Utah system of higher education, appointed by the
6105     board;

6106          (d) one member who represents the [Utah] Department of Health and Human Services,
6107     appointed by the executive director of the Department of Health and Human Services;
6108          (e) one member of the House of Representatives, appointed by the speaker of the
6109     House of Representatives;
6110          (f) one member of the Senate, appointed by the president of the Senate;
6111          (g) one member who represents the University Neuropsychiatric Institute, appointed by
6112     the chair of the commission;
6113          (h) one member who represents law enforcement who has extensive experience in
6114     emergency response, appointed by the chair of the commission;
6115          (i) one member who represents the [Utah] Department of Health and Human Services
6116     who has experience in youth services or treatment services, appointed by the executive director
6117     of the Department of Health and Human Services; and
6118          (j) two members of the public, appointed by the chair of the commission.
6119          (2) (a) Except as provided in Subsection (2)(b), members of the commission shall be
6120     appointed to four-year terms.
6121          (b) The length of the terms of the members shall be staggered so that approximately
6122     half of the committee is appointed every two years.
6123          (c) When a vacancy occurs in the membership of the commission, the replacement
6124     shall be appointed for the unexpired term.
6125          (3) (a) The attorney general's designee shall serve as chair of the commission.
6126          (b) The chair shall set the agenda for commission meetings.
6127          (4) Attendance of a simple majority of the members constitutes a quorum for the
6128     transaction of official commission business.
6129          (5) Formal action by the commission requires a majority vote of a quorum.
6130          (6) (a) Except as provided in Subsection (6)(b), a member may not receive
6131     compensation, benefits, per diem, or travel expenses for the member's service.
6132          (b) Compensation and expenses of a member who is a legislator are governed by
6133     Section 36-2-2 and Legislative Joint Rules, Title 5, Legislative Compensation and Expenses.

6134          (7) The Office of the Attorney General shall provide staff support to the commission.
6135          Section 91. Section 53B-26-202 is amended to read:
6136          53B-26-202. Nursing initiative -- Reporting requirements -- Proposals -- Funding.
6137          (1) Every even-numbered year, the Utah Health Workforce Information Center created
6138     in Section [26-69-301] 26B-4-705 shall:
6139          (a) project the demand, by license classification, for individuals to enter a nursing
6140     profession in each region;
6141          (b) receive input from at least one medical association in developing the projections
6142     described in Subsection (1)(a); and
6143          (c) report the projections described in Subsection (1)(a) to:
6144          (i) the board; and
6145          (ii) the Higher Education Appropriations Subcommittee.
6146          (2) To receive funding under this section, on or before January 5, an eligible program
6147     shall submit to the Higher Education Appropriations Subcommittee, through the budget
6148     process for the board, as applicable, a proposal that describes:
6149          (a) a program of instruction offered by the eligible program that is responsive to a
6150     projection described in Subsection (1)(a);
6151          (b) the following information about the eligible program:
6152          (i) expected student enrollment;
6153          (ii) attainment rates;
6154          (iii) job placement rates; and
6155          (iv) passage rates for exams required for licensure for a nursing profession;
6156          (c) the instructional cost per full-time equivalent student enrolled in the eligible
6157     program;
6158          (d) financial or in-kind contributions to the eligible program from:
6159          (i) the health care industry; or
6160          (ii) an institution; and
6161          (e) a funding request, including justification for the request.

6162          (3) The Higher Education Appropriations Subcommittee shall:
6163          (a) review a proposal submitted under this section using the following criteria:
6164          (i) the proposal:
6165          (A) contains the elements described in Subsection (2);
6166          (B) expands the capacity to meet the projected demand described in Subsection (1)(a);
6167     and
6168          (C) has health care industry or institution support; and
6169          (ii) the program of instruction described in the proposal:
6170          (A) is cost effective;
6171          (B) has support from the health care industry or an institution; and
6172          (C) has high passage rates on exams required for licensure for a nursing profession;
6173          (b) determine the extent to which to fund the proposal; and
6174          (c) make an appropriation recommendation to the Legislature on the amount of money
6175     determined under Subsection (3)(b) to the eligible program's institution.
6176          (4) An institution that receives funding under this section shall use the funding to
6177     increase the number of students enrolled in the eligible program for which the institution
6178     receives funding.
6179          (5) On or before November 1 of each year, the board shall report to the Higher
6180     Education Appropriations Subcommittee on the elements described in Subsection (2) for each
6181     eligible program funded under this section.
6182          Section 92. Section 53B-28-202 is amended to read:
6183          53B-28-202. Confidentiality of information -- Disclosure of confidential
6184     communication.
6185          (1) Except as provided in Subsection (2), and notwithstanding Title 63G, Chapter 2,
6186     Government Records Access and Management Act, a person may not disclose a confidential
6187     communication.
6188          (2) A person may disclose a confidential communication if:
6189          (a) the victim gives written and informed consent to the disclosure;

6190          (b) the person has an obligation to disclose the confidential communication under
6191     Section [62A-3-305] 26B-6-205, 80-2-602, or 78B-3-502;
6192          (c) the disclosure is required by federal law; or
6193          (d) a court of competent jurisdiction orders the disclosure.
6194          Section 93. Section 53B-28-303 is amended to read:
6195          53B-28-303. Institution engagement with a law enforcement agency -- Articulable
6196     and significant threat -- Notification to victim.
6197          (1) (a) An institution shall keep confidential from a law enforcement agency a covered
6198     allegation reported to the institution by the victim of the covered allegation.
6199          (b) Notwithstanding Subsection (1)(a), an institution may engage with a law
6200     enforcement agency in response to a covered allegation described in Subsection (1)(a):
6201          (i) if the victim consents to the institution engaging with the law enforcement agency;
6202     or
6203          (ii) in accordance with Subsection (2).
6204          (2) (a) Subject to Subsection (3), an institution that receives a report described in
6205     Subsection (1)(a) may engage with a law enforcement agency in response to the covered
6206     allegation if the institution determines, in accordance with Subsection (2)(b), that the
6207     information in the covered allegation creates an articulable and significant threat to individual
6208     or campus safety at the institution.
6209          (b) To determine whether the information in a covered allegation creates an articulable
6210     and significant threat described in Subsection (2)(a), the institution shall consider, if the
6211     information is known to the institution, at least the following factors:
6212          (i) whether the circumstances of the covered allegation suggest an increased risk that
6213     the alleged perpetrator will commit an additional act of sexual violence or other violence;
6214          (ii) whether the alleged perpetrator has an arrest history that indicates a history of
6215     sexual violence or other violence;
6216          (iii) whether records from the alleged perpetrator's previous postsecondary institution
6217     indicate that the alleged perpetrator has a history of sexual violence or other violence;

6218          (iv) whether the alleged perpetrator is alleged to have threatened further sexual
6219     violence or other violence against the victim or another individual;
6220          (v) whether the act of sexual violence was committed by more than one alleged
6221     perpetrator;
6222          (vi) whether the circumstances of the covered allegation suggest there is an increased
6223     risk of future acts of sexual violence under similar circumstances;
6224          (vii) whether the act of sexual violence was perpetrated with a weapon; and
6225          (viii) the age of the victim.
6226          (3) An institution shall:
6227          (a) before engaging with a law enforcement agency in accordance with Subsection (2),
6228     provide notice to the victim of the following:
6229          (i) the institution's intent to engage with a law enforcement agency;
6230          (ii) the law enforcement agency with which the institution intends to engage; and
6231          (iii) the reason the institution made the determination described in Subsection (2); and
6232          (b) in engaging with a law enforcement agency under Subsection (2):
6233          (i) maintain the confidentiality of the victim; and
6234          (ii) disclose the minimum information required to appropriately address the threat
6235     described in Subsection (2)(a).
6236          (4) Nothing in this section supersedes:
6237          (a) an obligation described in Section [62A-3-305] 26B-6-205, 80-2-602, or
6238     78B-3-502; or
6239          (b) a requirement described in Part 2, Confidential Communications for Institutional
6240     Advocacy Services Act.
6241          Section 94. Section 53E-1-201 is amended to read:
6242          53E-1-201. Reports to and action required of the Education Interim Committee.
6243          (1) In accordance with applicable provisions and Section 68-3-14, the following
6244     recurring reports are due to the Education Interim Committee:
6245          (a) the report described in Section 9-22-109 by the STEM Action Center Board,

6246     including the information described in Section 9-22-113 on the status of the computer science
6247     initiative and Section 9-22-114 on the Computing Partnerships Grants Program;
6248          (b) the prioritized list of data research described in Section 53B-33-302 and the report
6249     on research and activities described in Section 53B-33-304 by the Utah Data Research Center;
6250          (c) the report described in Section 35A-15-303 by the State Board of Education on
6251     preschool programs;
6252          (d) the report described in Section 53B-1-402 by the Utah Board of Higher Education
6253     on career and technical education issues and addressing workforce needs;
6254          (e) the annual report of the Utah Board of Higher Education described in Section
6255     53B-1-402;
6256          (f) the reports described in Section 53B-28-401 by the Utah Board of Higher Education
6257     regarding activities related to campus safety;
6258          (g) the State Superintendent's Annual Report by the state board described in Section
6259     53E-1-203;
6260          (h) the annual report described in Section 53E-2-202 by the state board on the strategic
6261     plan to improve student outcomes;
6262          (i) the report described in Section 53E-8-204 by the state board on the Utah Schools for
6263     the Deaf and the Blind;
6264          (j) the report described in Section 53E-10-703 by the Utah Leading through Effective,
6265     Actionable, and Dynamic Education director on research and other activities;
6266          (k) the report described in Section 53F-2-522 regarding mental health screening
6267     programs;
6268          (l) the report described in Section 53F-4-203 by the state board and the independent
6269     evaluator on an evaluation of early interactive reading software;
6270          (m) the report described in Section 53F-4-407 by the state board on UPSTART;
6271          (n) the reports described in Sections 53F-5-214 and 53F-5-215 by the state board
6272     related to grants for professional learning and grants for an elementary teacher preparation
6273     assessment;

6274          (o) upon request, the report described in Section 53F-5-219 by the state board on the
6275     Local Innovations Civics Education Pilot Program;
6276          (p) the report described in Section 53F-5-405 by the State Board of Education
6277     regarding an evaluation of a partnership that receives a grant to improve educational outcomes
6278     for students who are low income;
6279          (q) the report described in Section 53B-35-202 regarding the Higher Education and
6280     Corrections Council;
6281          (r) the report described in Section 53G-7-221 by the State Board of Education
6282     regarding innovation plans; and
6283          (s) the annual report described in Section 63A-2-502 by the Educational Interpretation
6284     and Translation Service Procurement Advisory Council.
6285          (2) In accordance with applicable provisions and Section 68-3-14, the following
6286     occasional reports are due to the Education Interim Committee:
6287          (a) the report described in Section 35A-15-303 by the School Readiness Board by
6288     November 30, 2020, on benchmarks for certain preschool programs;
6289          (b) the report described in Section 53B-28-402 by the Utah Board of Higher Education
6290     on or before the Education Interim Committee's November 2021 meeting;
6291          (c) if required, the report described in Section 53E-4-309 by the state board explaining
6292     the reasons for changing the grade level specification for the administration of specific
6293     assessments;
6294          (d) if required, the report described in Section 53E-5-210 by the state board of an
6295     adjustment to the minimum level that demonstrates proficiency for each statewide assessment;
6296          (e) in 2022 and in 2023, on or before November 30, the report described in Subsection
6297     53E-10-309(7) related to the PRIME pilot program;
6298          (f) the report described in Section 53E-10-702 by Utah Leading through Effective,
6299     Actionable, and Dynamic Education;
6300          (g) if required, the report described in Section 53F-2-513 by the state board evaluating
6301     the effects of salary bonuses on the recruitment and retention of effective teachers in high

6302     poverty schools;
6303          (h) the report described in Section 53F-5-210 by the state board on the Educational
6304     Improvement Opportunities Outside of the Regular School Day Grant Program;
6305          (i) upon request, a report described in Section 53G-7-222 by an LEA regarding
6306     expenditure of a percentage of state restricted funds to support an innovative education
6307     program;
6308          (j) the report described in Section 53G-7-503 by the state board regarding fees that
6309     LEAs charge during the 2020-2021 school year;
6310          (k) the reports described in Section 53G-11-304 by the state board regarding proposed
6311     rules and results related to educator exit surveys; and
6312          (l) the report described in Section [62A-15-117] 26B-5-113 by the [Division of
6313     Substance Abuse] Office of Substance Use and Mental Health, the State Board of Education,
6314     and the Department of Health and Human Services regarding recommendations related to
6315     Medicaid reimbursement for school-based health services.
6316          Section 95. Section 53E-3-503 is amended to read:
6317          53E-3-503. Education of individuals in custody of or receiving services from
6318     certain state agencies -- Establishment of coordinating council -- Advisory councils.
6319          (1) (a) The state board is directly responsible for the education of all individuals who
6320     are:
6321          (i) (A) younger than 21 years old; or
6322          (B) eligible for special education services as described in Chapter 7, Part 2, Special
6323     Education Program; and
6324          (ii) (A) receiving services from the Department of Health and Human Services;
6325          (B) in the custody of an equivalent agency of a Native American tribe recognized by
6326     the United States Bureau of Indian Affairs and whose custodial parent resides within the state;
6327     or
6328          (C) being held in a juvenile detention facility.
6329          (b) The state board shall:

6330          (i) make rules in accordance with Title 63G, Chapter 3, Utah Administrative
6331     Rulemaking Act, to provide for the distribution of funds for the education of individuals
6332     described in Subsection (1)(a); and
6333          (ii) expend funds appropriated for the education of youth in custody in the following
6334     order of priority:
6335          (A) for students in a facility described in Subsection (1)(a)(ii) who are not included in
6336     an LEA's average daily membership; and
6337          (B) for students in a facility described in Subsection (1)(a)(ii) who are included in an
6338     LEA's average daily membership and who may benefit from additional educational support
6339     services.
6340          (c) Subject to future budget constraints, the amount appropriated for the education of
6341     youth in custody under this section shall increase annually based on the following:
6342          (i) the percentage of enrollment growth of students in kindergarten through grade 12;
6343     and
6344          (ii) changes to the value of the weighted pupil unit as defined in Section 53F-4-301.
6345          (2) Subsection (1)(a)(ii)(B) does not apply to an individual taken into custody for the
6346     primary purpose of obtaining access to education programs provided for youth in custody.
6347          (3) The state board shall, where feasible, contract with school districts or other
6348     appropriate agencies to provide educational, administrative, and supportive services, but the
6349     state board shall retain responsibility for the programs.
6350          (4) The Legislature shall establish and maintain separate education budget categories
6351     for youth in custody or who are under the jurisdiction of the following state agencies:
6352          (a) detention centers and the Divisions of Juvenile Justice and Youth Services and
6353     Child and Family Services;
6354          (b) the [Division of Substance Abuse] Office of Substance Use and Mental Health; and
6355          (c) the Division of Services for People with Disabilities.
6356          (5) (a) The Department of Health and Human Services and the state board shall appoint
6357     a coordinating council to plan, coordinate, and recommend budget, policy, and program

6358     guidelines for the education and treatment of persons in the custody of the Division of Juvenile
6359     Justice and Youth Services and the Division of Child and Family Services.
6360          (b) The Department of Health and Human Services and the state board may appoint
6361     similar councils for those in the custody of the [Division of Substance Abuse] Office of
6362     Substance Use and Mental Health or the Division of Services for People with Disabilities.
6363          (6) A school district contracting to provide services under Subsection (3) shall
6364     establish an advisory council to plan, coordinate, and review education and treatment programs
6365     for individuals held in custody in the district.
6366          Section 96. Section 53E-8-405 is amended to read:
6367          53E-8-405. Collaboration with Department of Health and Human Services.
6368          The Utah Schools for the Deaf and the Blind shall collaborate with the Department of
6369     Health and Human Services to provide services to children with disabilities who are younger
6370     than three years [of age] old in accordance with the Individuals with Disabilities Education
6371     Act, 20 U.S.C. Sec. 1400 et seq.
6372          Section 97. Section 53E-8-408 is amended to read:
6373          53E-8-408. Educational services for an individual with a hearing loss.
6374          (1) Subject to Subsection (2), the Utah Schools for the Deaf and the Blind shall provide
6375     educational services to an individual:
6376          (a) who seeks to receive the educational services; and
6377          (b) (i) whose results of a test for hearing loss are reported to the Utah Schools for the
6378     Deaf and the Blind in accordance with Section [26-10-6] 26B-4-319 or [26-10-13] 26B-4-323;
6379     or
6380          (ii) who has been diagnosed with a hearing loss by a physician or an audiologist.
6381          (2) If the individual who will receive the services described in Subsection (1) is a
6382     minor, the Utah Schools for the Deaf and the Blind may not provide the services to the
6383     individual until after receiving permission from the individual's parent.
6384          Section 98. Section 53E-9-301 is amended to read:
6385          53E-9-301. Definitions.

6386          As used in this part:
6387          (1) "Adult student" means a student who:
6388          (a) is at least 18 years old;
6389          (b) is an emancipated student; or
6390          (c) qualifies under the McKinney-Vento Homeless Education Assistance
6391     Improvements Act of 2001, 42 U.S.C. Sec. 11431 et seq.
6392          (2) "Aggregate data" means data that:
6393          (a) are totaled and reported at the group, cohort, school, school district, region, or state
6394     level with at least 10 individuals in the level;
6395          (b) do not reveal personally identifiable student data; and
6396          (c) are collected in accordance with state board rule.
6397          (3) (a) "Biometric identifier" means a:
6398          (i) retina or iris scan;
6399          (ii) fingerprint;
6400          (iii) human biological sample used for valid scientific testing or screening; or
6401          (iv) scan of hand or face geometry.
6402          (b) "Biometric identifier" does not include:
6403          (i) a writing sample;
6404          (ii) a written signature;
6405          (iii) a voiceprint;
6406          (iv) a photograph;
6407          (v) demographic data; or
6408          (vi) a physical description, such as height, weight, hair color, or eye color.
6409          (4) "Biometric information" means information, regardless of how the information is
6410     collected, converted, stored, or shared:
6411          (a) based on an individual's biometric identifier; and
6412          (b) used to identify the individual.
6413          (5) "Data breach" means an unauthorized release of or unauthorized access to

6414     personally identifiable student data that is maintained by an education entity.
6415          (6) "Data governance plan" means an education entity's comprehensive plan for
6416     managing education data that:
6417          (a) incorporates reasonable data industry best practices to maintain and protect student
6418     data and other education-related data;
6419          (b) describes the role, responsibility, and authority of an education entity data
6420     governance staff member;
6421          (c) provides for necessary technical assistance, training, support, and auditing;
6422          (d) describes the process for sharing student data between an education entity and
6423     another person;
6424          (e) describes the education entity's data expungement process, including how to
6425     respond to requests for expungement;
6426          (f) describes the data breach response process; and
6427          (g) is published annually and available on the education entity's website.
6428          (7) "Education entity" means:
6429          (a) the state board;
6430          (b) a local school board;
6431          (c) a charter school governing board;
6432          (d) a school district;
6433          (e) a charter school; or
6434          (f) the Utah Schools for the Deaf and the Blind.
6435          (8) "Expunge" means to seal or permanently delete data, as described in state board
6436     rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
6437     under Section 53E-9-306.
6438          (9) "General audience application" means an Internet website, online service, online
6439     application, mobile application, or software program that:
6440          (a) is not specifically intended for use by an audience member that attends kindergarten
6441     or a grade from 1 to 12, although an audience member may attend kindergarten or a grade from

6442     1 to 12; and
6443          (b) is not subject to a contract between an education entity and a third-party contractor.
6444          (10) "Local education agency" or "LEA" means:
6445          (a) a school district;
6446          (b) a charter school; or
6447          (c) the Utah Schools for the Deaf and the Blind.
6448          (11) "Metadata dictionary" means a record that:
6449          (a) defines and discloses all personally identifiable student data collected and shared by
6450     the education entity;
6451          (b) comprehensively lists all recipients with whom the education entity has shared
6452     personally identifiable student data, including:
6453          (i) the purpose for sharing the data with the recipient;
6454          (ii) the justification for sharing the data, including whether sharing the data was
6455     required by federal law, state law, or a local directive; and
6456          (iii) how sharing the data is permitted under federal or state law; and
6457          (c) without disclosing personally identifiable student data, is displayed on the
6458     education entity's website.
6459          (12) "Necessary student data" means data required by state statute or federal law to
6460     conduct the regular activities of an education entity, including:
6461          (a) name;
6462          (b) date of birth;
6463          (c) sex;
6464          (d) parent contact information;
6465          (e) custodial parent information;
6466          (f) contact information;
6467          (g) a student identification number;
6468          (h) local, state, and national assessment results or an exception from taking a local,
6469     state, or national assessment;

6470          (i) courses taken and completed, credits earned, and other transcript information;
6471          (j) course grades and grade point average;
6472          (k) grade level and expected graduation date or graduation cohort;
6473          (l) degree, diploma, credential attainment, and other school exit information;
6474          (m) attendance and mobility;
6475          (n) drop-out data;
6476          (o) immunization record or an exception from an immunization record;
6477          (p) race;
6478          (q) ethnicity;
6479          (r) tribal affiliation;
6480          (s) remediation efforts;
6481          (t) an exception from a vision screening required under Section 53G-9-404 or
6482     information collected from a vision screening described in Section 53G-9-404;
6483          (u) information related to the Utah Registry of Autism and Developmental Disabilities,
6484     described in Section [26-7-4] 26B-7-115;
6485          (v) student injury information;
6486          (w) a disciplinary record created and maintained as described in Section 53E-9-306;
6487          (x) juvenile delinquency records;
6488          (y) English language learner status; and
6489          (z) child find and special education evaluation data related to initiation of an IEP.
6490          (13) (a) "Optional student data" means student data that is not:
6491          (i) necessary student data; or
6492          (ii) student data that an education entity may not collect under Section 53E-9-305.
6493          (b) "Optional student data" includes:
6494          (i) information that is:
6495          (A) related to an IEP or needed to provide special needs services; and
6496          (B) not necessary student data;
6497          (ii) biometric information; and

6498          (iii) information that is not necessary student data and that is required for a student to
6499     participate in a federal or other program.
6500          (14) "Parent" means:
6501          (a) a student's parent;
6502          (b) a student's legal guardian; or
6503          (c) an individual who has written authorization from a student's parent or legal
6504     guardian to act as a parent or legal guardian on behalf of the student.
6505          (15) (a) "Personally identifiable student data" means student data that identifies or is
6506     used by the holder to identify a student.
6507          (b) "Personally identifiable student data" includes:
6508          (i) a student's first and last name;
6509          (ii) the first and last name of a student's family member;
6510          (iii) a student's or a student's family's home or physical address;
6511          (iv) a student's email address or other online contact information;
6512          (v) a student's telephone number;
6513          (vi) a student's social security number;
6514          (vii) a student's biometric identifier;
6515          (viii) a student's health or disability data;
6516          (ix) a student's education entity student identification number;
6517          (x) a student's social media user name and password or alias;
6518          (xi) if associated with personally identifiable student data, the student's persistent
6519     identifier, including:
6520          (A) a customer number held in a cookie; or
6521          (B) a processor serial number;
6522          (xii) a combination of a student's last name or photograph with other information that
6523     together permits a person to contact the student online;
6524          (xiii) information about a student or a student's family that a person collects online and
6525     combines with other personally identifiable student data to identify the student; and

6526          (xiv) information that, alone or in combination, is linked or linkable to a specific
6527     student that would allow a reasonable person in the school community, who does not have
6528     personal knowledge of the relevant circumstances, to identify the student with reasonable
6529     certainty.
6530          (16) "School official" means an employee or agent of an education entity, if the
6531     education entity has authorized the employee or agent to request or receive student data on
6532     behalf of the education entity.
6533          (17) (a) "Student data" means information about a student at the individual student
6534     level.
6535          (b) "Student data" does not include aggregate or de-identified data.
6536          (18) "Student data manager" means:
6537          (a) the state student data officer; or
6538          (b) an individual designated as a student data manager by an education entity under
6539     Section 53E-9-303, who fulfills the duties described in Section 53E-9-308.
6540          (19) (a) "Targeted advertising" means presenting advertisements to a student where the
6541     advertisement is selected based on information obtained or inferred over time from that
6542     student's online behavior, usage of applications, or student data.
6543          (b) "Targeted advertising" does not include advertising to a student:
6544          (i) at an online location based upon that student's current visit to that location; or
6545          (ii) in response to that student's request for information or feedback, without retention
6546     of that student's online activities or requests over time for the purpose of targeting subsequent
6547     ads.
6548          (20) "Third-party contractor" means a person who:
6549          (a) is not an education entity; and
6550          (b) pursuant to a contract with an education entity, collects or receives student data in
6551     order to provide a product or service, as described in the contract, if the product or service is
6552     not related to school photography, yearbooks, graduation announcements, or a similar product
6553     or service.

6554          (21) "Written consent" means written authorization to collect or share a student's
6555     student data, from:
6556          (a) the student's parent, if the student is not an adult student; or
6557          (b) the student, if the student is an adult student.
6558          Section 99. Section 53E-9-307 is amended to read:
6559          53E-9-307. Securing and cataloguing student data.
6560          In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
6561     state board shall make rules that:
6562          (1) using reasonable data industry best practices, prescribe the maintenance and
6563     protection of stored student data by:
6564          (a) an education entity;
6565          (b) the Utah Registry of Autism and Developmental Disabilities, described in Section
6566     [26-7-4] 26B-7-115, for student data obtained under Section 53E-9-308; and
6567          (c) a third-party contractor; and
6568          (2) state requirements for an education entity's metadata dictionary.
6569          Section 100. Section 53E-9-308 is amended to read:
6570          53E-9-308. Sharing student data -- Prohibition -- Requirements for student data
6571     manager -- Authorized student data sharing.
6572          (1) (a) Except as provided in Subsection (1)(b), an education entity, including a student
6573     data manager, may not share personally identifiable student data without written consent.
6574          (b) An education entity, including a student data manager, may share personally
6575     identifiable student data:
6576          (i) in accordance with the Family Education Rights and Privacy Act and related
6577     provisions under 20 U.S.C. Secs. 1232g and 1232h;
6578          (ii) as required by federal law; and
6579          (iii) as described in Subsections (3), (5), and (6).
6580          (2) A student data manager shall:
6581          (a) authorize and manage the sharing, outside of the student data manager's education

6582     entity, of personally identifiable student data for the education entity as described in this
6583     section;
6584          (b) act as the primary local point of contact for the state student data officer described
6585     in Section 53E-9-302; and
6586          (c) fulfill other responsibilities described in the data governance plan of the student
6587     data manager's education entity.
6588          (3) A student data manager may share a student's personally identifiable student data
6589     with a caseworker or representative of the Department of Health and Human Services if:
6590          (a) the Department of Health and Human Services is:
6591          (i) legally responsible for the care and protection of the student, including the
6592     responsibility to investigate a report of educational neglect, as provided in Subsection
6593     80-2-701(5); or
6594          (ii) providing services to the student;
6595          (b) the student's personally identifiable student data is not shared with a person who is
6596     not authorized:
6597          (i) to address the student's education needs; or
6598          (ii) by the Department of Health and Human Services to receive the student's
6599     personally identifiable student data; and
6600          (c) the Department of Health and Human Services maintains and protects the student's
6601     personally identifiable student data.
6602          (4) The Department of Health and Human Services, a school official, or the Utah
6603     Juvenile Court may share personally identifiable student data to improve education outcomes
6604     for youth:
6605          (a) in the custody of, or under the guardianship of, the Department of Health and
6606     Human Services;
6607          (b) receiving services from the Division of Juvenile Justice and Youth Services;
6608          (c) in the custody of the Division of Child and Family Services;
6609          (d) receiving services from the Division of Services for People with Disabilities; or

6610          (e) under the jurisdiction of the Utah Juvenile Court.
6611          (5) (a) A student data manager may share personally identifiable student data in
6612     response to a subpoena issued by a court.
6613          (b) A person who receives personally identifiable student data under Subsection (5)(a)
6614     may not use the personally identifiable student data outside of the use described in the
6615     subpoena.
6616          (6) (a) A student data manager may share student data, including personally
6617     identifiable student data, in response to a request to share student data for the purpose of
6618     research or evaluation, if the student data manager:
6619          (i) verifies that the request meets the requirements of 34 C.F.R. Sec. 99.31(a)(6);
6620          (ii) submits the request to the education entity's research review process; and
6621          (iii) fulfills the instructions that result from the review process.
6622          (b) (i) In accordance with state and federal law, and subject to Subsection (6)(b)(ii), the
6623     state board shall share student data, including personally identifiable student data, as requested
6624     by the Utah Registry of Autism and Developmental Disabilities described in Section [26-7-4]
6625     26B-7-115.
6626          (ii) (A) At least 30 days before the state board shares student data in accordance with
6627     Subsection (6)(b)(i), the education entity from which the state board received the student data
6628     shall provide notice to the parent of each student for which the state board intends to share
6629     student data.
6630          (B) The state board may not, for a particular student, share student data as described in
6631     Subsection (6)(b)(i) if the student's parent requests that the state board not share the student
6632     data.
6633          (iii) A person who receives student data under Subsection (6)(b)(i):
6634          (A) shall maintain and protect the student data in accordance with state board rule
6635     described in Section 53E-9-307;
6636          (B) may not use the student data for a purpose not described in Section [26-7-4]
6637     26B-7-115; and

6638          (C) is subject to audit by the state student data officer described in Section 53E-9-302.
6639          Section 101. Section 53F-2-415 is amended to read:
6640          53F-2-415. Student health and counseling support -- Qualifying personnel --
6641     Distribution formula -- Rulemaking.
6642          (1) As used in this section:
6643          (a) "Qualifying personnel" means a school counselor or other counselor, school
6644     psychologist or other psychologist, school social worker or other social worker, or school nurse
6645     who:
6646          (i) is licensed; and
6647          (ii) collaborates with educators and a student's parent on:
6648          (A) early identification and intervention of the student's academic and mental health
6649     needs; and
6650          (B) removing barriers to learning and developing skills and behaviors critical for the
6651     student's academic achievement.
6652          (b) "Telehealth services" means the same as that term is defined in Section [26-60-102]
6653     26B-4-704.
6654          (2) (a) Subject to legislative appropriations, and in accordance with Subsection (2)(b),
6655     the state board shall distribute money appropriated under this section to LEAs to provide in a
6656     school targeted school-based mental health support, including clinical services and
6657     trauma-informed care, through:
6658          (i) employing qualifying personnel; or
6659          (ii) entering into contracts for services provided by qualifying personnel, including
6660     telehealth services.
6661          (b) (i) The state board shall, after consulting with LEA governing boards, develop a
6662     formula to distribute money appropriated under this section to LEAs.
6663          (ii) The state board shall ensure that the formula described in Subsection (2)(b)(i)
6664     incentivizes an LEA to provide school-based mental health support in collaboration with the
6665     local mental health authority of the county in which the LEA is located.

6666          (3) To qualify for money under this section, an LEA shall submit to the state board a
6667     plan that includes:
6668          (a) measurable goals approved by the LEA governing board on improving student
6669     safety, student engagement, school culture, or academic achievement;
6670          (b) how the LEA intends to meet the goals described in Subsection (3)(a) through the
6671     use of the money;
6672          (c) how the LEA is meeting the requirements related to parent education described in
6673     Section 53G-9-703; and
6674          (d) whether the LEA intends to provide school-based mental health support in
6675     collaboration with the local mental health authority of the county in which the LEA is located.
6676          (4) The state board shall distribute money appropriated under this section to an LEA
6677     that qualifies under Subsection (3):
6678          (a) based on the formula described in Subsection (2)(b); and
6679          (b) if the state board approves the LEA's plan before April 1, 2020, in an amount of
6680     money that the LEA equally matches using local money, unrestricted state money, or money
6681     distributed to the LEA under Section 53G-7-1303.
6682          (5) An LEA may not use money distributed by the state board under this section to
6683     supplant federal, state, or local money previously allocated to:
6684          (a) employ qualifying personnel; or
6685          (b) enter into contracts for services provided by qualified personnel, including
6686     telehealth services.
6687          (6) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
6688     state board shall make rules that establish:
6689          (a) procedures for submitting a plan for and distributing money under this section;
6690          (b) the formula the state board will use to distribute money to LEAs described in
6691     Subsection (2)(b); and
6692          (c) in accordance with Subsection (7), annual reporting requirements for an LEA that
6693     receives money under this section.

6694          (7) An LEA that receives money under this section shall submit an annual report to the
6695     state board, including:
6696          (a) progress toward achieving the goals submitted under Subsection (3)(a);
6697          (b) if the LEA discontinues a qualifying personnel position, the LEA's reason for
6698     discontinuing the position; and
6699          (c) how the LEA, in providing school-based mental health support, complies with the
6700     provisions of Section 53E-9-203.
6701          (8) Beginning on or before July 1, 2019, the state board shall provide training that
6702     instructs school personnel on the impact of childhood trauma on student learning, including
6703     information advising educators against practicing medicine, giving a diagnosis, or providing
6704     treatment.
6705          (9) The state board may use up to:
6706          (a) 2% of an appropriation under this section for costs related to the administration of
6707     the provisions of this section; and
6708          (b) $1,500,000 in nonlapsing balances from fiscal year 2022 for the purposes described
6709     in this section to provide scholarships for up to four years to certain LEA employees, as defined
6710     by the state board, for education and training to become a school social worker, a school
6711     psychologist, or other school-based mental health worker.
6712          (10) Notwithstanding the provisions of this section, money appropriated under this
6713     section may be used, as determined by the state board, for:
6714          (a) the SafeUT Crisis Line described in Section 53B-17-1202; or
6715          (b) youth suicide prevention programs described in Section 53G-9-702.
6716          Section 102. Section 53F-2-522 is amended to read:
6717          53F-2-522. Public education mental health screening.
6718          (1) As used in this section:
6719          (a) "Division" means the Division of [Substance Abuse and Mental Health.] Integrated
6720     Healthcare within the Department of Health and Human Services.
6721          (b) "Participating LEA" means an LEA that has an approved screening program

6722     described in this section.
6723          (c) "Participating student" means a student in a participating LEA who participates in a
6724     mental health screening program.
6725          (d) "Qualifying parent" means a parent:
6726          (i) of a participating student who, based on the results of a screening program, would
6727     benefit from resources that cannot be provided to the participating student in the school setting;
6728     and
6729          (ii) who qualifies for financial assistance to pay for the resources under rules made by
6730     the state board.
6731          (e) "Screening program" means a student mental health screening program selected by
6732     a participating LEA and approved by the state board in consultation with the division.
6733          (2) A participating LEA may implement a mental health screening for participating
6734     students using an evidence-based screening program.
6735          (3) The state board shall:
6736          (a) make rules in accordance with Title 63G, Chapter 3, Utah Administrative
6737     Rulemaking Act, to establish:
6738          (i) a process for a participating LEA to submit a selected screening program to the state
6739     board for approval;
6740          (ii) in accordance with Title 53E, Chapter 9, Student Privacy and Data Protection, and
6741     the Family Educational Rights and Privacy Act, 20 U.S.C. 1232g, who may access and use a
6742     participating student's screening data; and
6743          (iii) a requirement and a process for appropriate LEA or school personnel to attend
6744     annual training related to administering the screening program;
6745          (b) in consultation with the division, approve an evidence-based student mental health
6746     screening program selected by a participating LEA that:
6747          (i) is age appropriate for each grade in which the screening program is administered;
6748          (ii) screens for the mental health conditions determined by the state board and division;
6749     and

6750          (iii) is an effective tool for identifying whether a student has a mental health condition
6751     that requires intervention; and
6752          (c) on or before November 30 of each year, submit a report on the screening programs
6753     to:
6754          (i) the State Suicide Prevention Coalition created under Subsection [62A-15-1101(2)]
6755     26B-5-611(2); and
6756          (ii) the Education Interim Committee in accordance with Section 53E-1-201.
6757          (4) A participating LEA shall:
6758          (a) in accordance with rules made by the state board under Subsection (3)(a), submit a
6759     selected screening program to the state board for approval;
6760          (b) administer a screening program to participating students in the participating LEA;
6761          (c) obtain prior written consent from a student's parent, that complies with Section
6762     53E-9-203, and the Family Educational Rights and Privacy Act, 20 U.S.C. Sec. 1232g, before
6763     the participating LEA administers the screening program to a participating student; and
6764          (d) if results of a participating student's screening indicate a potential mental health
6765     condition, notify the parent of the participating student of:
6766          (i) the participating student's results; and
6767          (ii) resources available to the participating student, including any services that can be
6768     provided by the school mental health provider or by a partnering entity.
6769          (5) (a) Within appropriations made by the Legislature for this purpose, the state board
6770     may distribute funds to a participating LEA to use to assist a qualifying parent to pay for
6771     resources described in Subsection (4)(d)(ii) that cannot be provided by a school mental health
6772     professional in the school setting.
6773          (b) The state board shall make rules, in accordance with Title 63G, Chapter 3, Utah
6774     Administrative Rulemaking Act, for:
6775          (i) determining whether a parent is eligible to receive the financial support described in
6776     Subsection (5)(a); and
6777          (ii) applying for and distributing the financial support described in Subsection (5)(a).

6778          (6) A school employee trained in accordance with rules made by the state board under
6779     Subsection (3)(a)(iii), who administers an approved mental health screening in accordance with
6780     this section in good faith, is not liable in a civil action for an act taken or not taken under this
6781     section.
6782          Section 103. Section 53F-4-401 is amended to read:
6783          53F-4-401. Definitions.
6784          As used in this part:
6785          (1) "Contractor" means the educational technology provider selected by the state board
6786     under Section 53F-4-402.
6787          (2) "Intergenerational poverty" means the same as that term is defined in Section
6788     35A-9-102.
6789          (3) "Preschool child" means a child who is:
6790          (a) four or five years old; and
6791          (b) not eligible for enrollment under Subsection 53G-4-402(6).
6792          (4) (a) "Private preschool provider" means a child care program that:
6793          (i) (A) is licensed under [Title 26, Chapter 39, Utah Child Care Licensing Act] Title
6794     26B, Chapter 2, Part 4, Child Care Licensing; or
6795          (B) except as provided in Subsection (4)(b)(ii), is exempt from licensure under Section
6796     [26-39-403] 26B-2-405; and
6797          (ii) meets other criteria as established by the state board, consistent with Utah
6798     Constitution, Article X, Section 1.
6799          (b) "Private preschool provider" does not include:
6800          (i) a residential certificate provider described in Section [26-39-402] 26B-2-404; or
6801          (ii) a program exempt from licensure under Subsection [26-39-403(2)(c)]
6802     26B-2-405(2)(c).
6803          (5) "Public preschool" means a preschool program that is provided by a school district
6804     or charter school.
6805          (6) "Qualifying participant" means a preschool child who:

6806          (a) resides within the boundaries of a qualifying school as determined under Section
6807     53G-6-302; or
6808          (b) is enrolled in a qualifying preschool.
6809          (7) "Qualifying preschool" means a public preschool or private preschool provider that:
6810          (a) serves preschool children covered by child care subsidies funded by the Child Care
6811     and Development Block Grant Program authorized under 42 U.S.C. Secs. 9857-9858r;
6812          (b) participates in a federally assisted meal program that provides funds to licensed
6813     child care centers as authorized under Section 53E-3-501; or
6814          (c) is located within the boundaries of a qualifying school.
6815          (8) "Qualifying school" means a school district elementary school that:
6816          (a) has at least 50% of students who were eligible to receive free or reduced lunch the
6817     previous school year;
6818          (b) is a school with a high percentage, as determined by the Department of Workforce
6819     Services through rule and based on the previous school year enrollments, of students
6820     experiencing intergenerational poverty; or
6821          (c) is located in one of the following school districts:
6822          (i) Beaver School District;
6823          (ii) Carbon School District;
6824          (iii) Daggett School District;
6825          (iv) Duchesne School District;
6826          (v) Emery School District;
6827          (vi) Garfield School District;
6828          (vii) Grand School District;
6829          (viii) Iron School District;
6830          (ix) Juab School District;
6831          (x) Kane School District;
6832          (xi) Millard School District;
6833          (xii) Morgan School District;

6834          (xiii) North Sanpete School District;
6835          (xiv) North Summit School District;
6836          (xv) Piute School District;
6837          (xvi) Rich School District;
6838          (xvii) San Juan School District;
6839          (xviii) Sevier School District;
6840          (xix) South Sanpete School District;
6841          (xx) South Summit School District;
6842          (xxi) Tintic School District;
6843          (xxii) Uintah School District; or
6844          (xxiii) Wayne School District.
6845          (9) "UPSTART" means the project established by Section 53F-4-402 that uses a
6846     home-based educational technology program to develop school readiness skills of preschool
6847     children.
6848          Section 104. Section 53F-5-207 is amended to read:
6849          53F-5-207. Intergenerational Poverty Interventions Grant Program -- Definitions
6850     -- Grant requirements -- Reporting requirements.
6851          (1) As used in this section:
6852          (a) "Eligible student" means a student who is classified as a child affected by
6853     intergenerational poverty.
6854          (b) "Intergenerational poverty" has the same meaning as in Section 35A-9-102.
6855          (c) "LEA governing board" means a local school board or a charter school governing
6856     board.
6857          (d) "Local education agency" or "LEA" means a school district or charter school.
6858          (e) "Program" means the Intergenerational Poverty Interventions Grant Program
6859     created in Subsection (2).
6860          (2) The Intergenerational Poverty Interventions Grant Program is created to provide
6861     grants to eligible LEAs to fund additional educational opportunities at eligible LEAs, for

6862     eligible students, outside of the regular school day offerings.
6863          (3) Subject to future budget constraints, the state board shall distribute to LEAs money
6864     appropriated for the program in accordance with this section.
6865          (4) The state board shall:
6866          (a) solicit proposals from LEA governing boards to receive money under the program;
6867     and
6868          (b) award grants to an LEA governing board on behalf of an LEA based on criteria
6869     described in Subsection (5).
6870          (5) In awarding a grant under Subsection (4), the state board shall consider:
6871          (a) the percentage of an LEA's students that are classified as children affected by
6872     intergenerational poverty;
6873          (b) the level of administrative support and leadership at an eligible LEA to effectively
6874     implement, monitor, and evaluate the program; and
6875          (c) an LEA's commitment and ability to work with the Department of Workforce
6876     Services, the Department of Health and Human Services, [the Department of Human Services,]
6877     and the juvenile courts to provide services to the LEA's eligible students.
6878          (6) To receive a grant under the program on behalf of an LEA, an LEA governing
6879     board shall submit a proposal to the state board detailing:
6880          (a) the LEA's strategy to implement the program, including the LEA's strategy to
6881     improve the academic achievement of children affected by intergenerational poverty;
6882          (b) the LEA's strategy for coordinating with and engaging the Department of
6883     Workforce Services to provide services for the LEA's eligible students;
6884          (c) the number of students the LEA plans to serve, categorized by age and
6885     intergenerational poverty status;
6886          (d) the number of students, eligible students, and schools the LEA plans to fund with
6887     the grant money; and
6888          (e) the estimated cost per student.
6889          (7) (a) The state board shall annually prepare, for inclusion in the State

6890     Superintendent's Annual Report described in Section 53E-1-203, a report on:
6891          (i) the progress of LEA programs using grant money;
6892          (ii) the progress of LEA programs in improving the academic achievement of children
6893     affected by intergenerational poverty; and
6894          (iii) the LEA's coordination efforts with the Department of Workforce Services, the
6895     Department of Health and Human Services, [the Department of Human Services,] and the
6896     juvenile courts.
6897          (b) The state board shall provide the report described in Subsection (7)(a) to the
6898     Education Interim Committee upon request.
6899          (c) An LEA that receives grant money pursuant to this section shall provide to the state
6900     board information that is necessary for the state board's report described in Subsection (7)(a).
6901          (8) The state board may use up to 8.5% of the money appropriated for the program in
6902     accordance with this section for administration and evaluation of the program.
6903          Section 105. Section 53G-6-302 is amended to read:
6904          53G-6-302. Child's school district of residence -- Determination -- Responsibility
6905     for providing educational services.
6906          (1) As used in this section:
6907          (a) "Health care facility" means the same as that term is defined in Section [26-21-2]
6908     26B-2-201.
6909          (b) "Human services program" means the same as that term is defined in Section
6910     [62A-2-101] 26B-2-101.
6911          (c) "Supervision" means a minor child is:
6912          (i) receiving services from a state agency, local mental health authority, or substance
6913     abuse authority with active involvement or oversight; and
6914          (ii) engaged in a human services program that is properly licensed or certified and has
6915     provided the school district receiving the minor child with an education plan that complies with
6916     the requirements of Section [62A-2-108.1] 26B-2-116.
6917          (2) The school district of residence of a minor child whose custodial parent resides

6918     within Utah is:
6919          (a) the school district in which the custodial parent resides; or
6920          (b) the school district in which the child resides:
6921          (i) while in the custody or under the supervision of a Utah state agency, local mental
6922     health authority, or substance abuse authority;
6923          (ii) while under the supervision of a private or public agency which is in compliance
6924     with Section [62A-2-127] 26B-2-131 and is authorized to provide child placement services by
6925     the state;
6926          (iii) while living with a responsible adult resident of the district, if a determination has
6927     been made in accordance with rules made by the state board in accordance with Title 63G,
6928     Chapter 3, Utah Administrative Rulemaking Act, that:
6929          (A) the child's physical, mental, moral, or emotional health will best be served by
6930     considering the child to be a resident for school purposes;
6931          (B) exigent circumstances exist that do not permit the case to be appropriately
6932     addressed under Section 53G-6-402; and
6933          (C) considering the child to be a resident of the district under this Subsection (2)(b)(iii)
6934     does not violate any other law or rule of the state board;
6935          (iv) while the child is receiving services from a health care facility or human services
6936     program, if a determination has been made in accordance with rules made by the state board in
6937     accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, that:
6938          (A) the child's physical, mental, moral, or emotional health will best be served by
6939     considering the child to be a resident for school purposes;
6940          (B) exigent circumstances exist that do not permit the case to be appropriately
6941     addressed under Section 53G-6-402; and
6942          (C) considering the child to be a resident of the district under this Subsection (2)(b)(iv)
6943     does not violate any other law or rule of the state board; or
6944          (v) if the child is married or has been determined to be an emancipated minor by a
6945     court of law or by a state administrative agency authorized to make that determination.

6946          (3) A minor child whose custodial parent does not reside in the state is considered to be
6947     a resident of the district in which the child lives, unless that designation violates any other law
6948     or rule of the state board, if:
6949          (a) the child is married or an emancipated minor under Subsection (2)(b)(v);
6950          (b) the child lives with a resident of the district who is a responsible adult and whom
6951     the district agrees to designate as the child's legal guardian under Section 53G-6-303;
6952          (c) if permissible under policies adopted by a local school board, it is established to the
6953     satisfaction of the local school board that:
6954          (i) the child lives with a responsible adult who is a resident of the district and is the
6955     child's noncustodial parent, grandparent, brother, sister, uncle, or aunt;
6956          (ii) the child's presence in the district is not for the primary purpose of attending the
6957     public schools;
6958          (iii) the child's physical, mental, moral, or emotional health will best be served by
6959     considering the child to be a resident for school purposes; and
6960          (iv) the child is prepared to abide by the policies of the school and school district in
6961     which attendance is sought; or
6962          (d) it is established to the satisfaction of the local school board that:
6963          (i) the child's parent moves from the state;
6964          (ii) the child's parent executes a power of attorney under Section 75-5-103 that:
6965          (A) meets the requirements of Subsection (4); and
6966          (B) delegates powers regarding care, custody, or property, including schooling, to a
6967     responsible adult with whom the child resides;
6968          (iii) the responsible adult described in Subsection (3)(d)(ii)(B) is a resident of the
6969     district;
6970          (iv) the child's physical, mental, moral, or emotional health will best be served by
6971     considering the child to be a resident for school purposes;
6972          (v) the child is prepared to abide by the policies of the school and school district in
6973     which attendance is sought; and

6974          (vi) the child's attendance in the school will not be detrimental to the school or school
6975     district.
6976          (4) (a) If admission is sought under Subsection (2)(b)(iii), (3)(c), or (3)(d), then the
6977     district may require the person with whom the child lives to be designated as the child's
6978     custodian in a durable power of attorney, issued by the party who has legal custody of the child,
6979     granting the custodian full authority to take any appropriate action, including authorization for
6980     educational or medical services, in the interests of the child.
6981          (b) Both the party granting and the party empowered by the power of attorney shall
6982     agree to:
6983          (i) assume responsibility for any fees or other charges relating to the child's education
6984     in the district; and
6985          (ii) if eligibility for fee waivers is claimed under Section 53G-7-504, provide the
6986     school district with all financial information requested by the district for purposes of
6987     determining eligibility for fee waivers.
6988          (c) Notwithstanding Section 75-5-103, a power of attorney meeting the requirements of
6989     this section and accepted by the school district shall remain in force until the earliest of the
6990     following occurs:
6991          (i) the child reaches the age of 18, marries, or becomes emancipated;
6992          (ii) the expiration date stated in the document; or
6993          (iii) the power of attorney is revoked or rendered inoperative by the grantor or grantee,
6994     or by order of a court of competent jurisdiction.
6995          (5) A power of attorney does not confer legal guardianship.
6996          (6) Each school district is responsible for providing educational services for all
6997     children of school age who are residents of the district.
6998          Section 106. Section 53G-6-601 is amended to read:
6999          53G-6-601. Definitions.
7000          As used in this part:
7001          (1) "Division" means the Criminal Investigations and Technical Services Division of

7002     the Department of Public Safety, established in Section 53-10-103.
7003          (2) "Missing child" has the same meaning as provided in Section [26-2-27] 26B-8-130.
7004          (3) "State registrar" means the State Registrar of Vital Statistics within the Department
7005     of Health and Human Services.
7006          Section 107. Section 53G-8-802 is amended to read:
7007          53G-8-802. State Safety and Support Program -- State board duties -- LEA
7008     duties.
7009          (1) There is created the State Safety and Support Program.
7010          (2) The state board shall:
7011          (a) develop in conjunction with the [Division of Substance Abuse] Office of Substance
7012     Use and Mental Health model student safety and support policies for an LEA, including:
7013          (i) evidence-based procedures for the assessment of and intervention with an individual
7014     whose behavior poses a threat to school safety;
7015          (ii) procedures for referrals to law enforcement; and
7016          (iii) procedures for referrals to a community services entity, a family support
7017     organization, or a health care provider for evaluation or treatment;
7018          (b) provide training:
7019          (i) in school safety;
7020          (ii) in evidence-based approaches to improve school climate and address and correct
7021     bullying behavior;
7022          (iii) in evidence-based approaches in identifying an individual who may pose a threat
7023     to the school community;
7024          (iv) in evidence-based approaches in identifying an individual who may be showing
7025     signs or symptoms of mental illness;
7026          (v) on permitted disclosures of student data to law enforcement and other support
7027     services under the Family Education Rights and Privacy Act, 20 U.S.C. Sec. 1232g;
7028          (vi) on permitted collection of student data under 20 U.S.C. Sec. 1232h and Sections
7029     53E-9-203 and 53E-9-305; and

7030          (vii) for administrators on rights and prohibited acts under:
7031          (A) Chapter 9, Part 6, Bullying and Hazing;
7032          (B) Title VI of the Civil Rights Act of 1964, 42 U.S.C. Sec. 2000d et seq.;
7033          (C) Title IX of Education Amendments of 1972, 20 U.S.C. Sec. 1681 et seq.;
7034          (D) Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. Sec. 701 et seq.; and
7035          (E) the Individuals with Disabilities Education Act, 20 U.S.C. Sec. 1400 et seq.;
7036          (c) conduct and disseminate evidence-based research on school safety concerns;
7037          (d) disseminate information on effective school safety initiatives;
7038          (e) encourage partnerships between public and private sectors to promote school safety;
7039          (f) provide technical assistance to an LEA in the development and implementation of
7040     school safety initiatives;
7041          (g) in conjunction with the Department of Public Safety, develop and make available to
7042     an LEA a model critical incident response training program that includes protocols for
7043     conducting a threat assessment, and ensuring building security during an incident;
7044          (h) provide space for the public safety liaison described in Section 53-1-106 and the
7045     school-based mental health specialist described in Section [62A-15-103] 26B-5-102;
7046          (i) create a model school climate survey that may be used by an LEA to assess
7047     stakeholder perception of a school environment and, in accordance with Title 63G, Chapter 3,
7048     Utah Administrative Rulemaking Act, adopt rules:
7049          (i) requiring an LEA to:
7050          (A) create or adopt and disseminate a school climate survey; and
7051          (B) disseminate the school climate survey;
7052          (ii) recommending the distribution method, survey frequency, and sample size of the
7053     survey; and
7054          (iii) specifying the areas of content for the school climate survey; and
7055          (j) collect aggregate data and school climate survey results from each LEA.
7056          (3) Nothing in this section requires an individual to respond to a school climate survey.
7057          (4) The state board shall require an LEA to:

7058          (a) (i) review data from the state board-facilitated surveys containing school climate
7059     data for each school within the LEA; and
7060          (ii) based on the review described in Subsection (4)(a)(i):
7061          (A) revise practices, policies, and training to eliminate harassment and discrimination
7062     in each school within the LEA;
7063          (B) adopt a plan for harassment- and discrimination-free learning; and
7064          (C) host outreach events or assemblies to inform students and parents of the plan
7065     adopted under Subsection (4)(a)(ii)(B);
7066          (b) no later than September 1 of each school year, send a notice to each student, parent,
7067     and LEA staff member stating the LEA's commitment to maintaining a school climate that is
7068     free of harassment and discrimination; and
7069          (c) report to the state board:
7070          (i) no later than August 1, 2023, on the LEA's plan adopted under Subsection
7071     (4)(a)(ii)(B); and
7072          (ii) after August 1, 2023, annually on the LEA's implementation of the plan and
7073     progress.
7074          Section 108. Section 53G-9-211 is amended to read:
7075          53G-9-211. Therapy animal handling -- Policy.
7076          (1) As used in this section:
7077          (a) "Animal-assisted intervention" means an intervention designed to promote
7078     improvement in an individual's physical, social, emotional, or cognitive functioning through
7079     interactions with a specially trained animal.
7080          (b) "Local education agency" means a school district or charter school.
7081          (c) (i) "Therapy animal" means an animal that:
7082          (A) provides affection and comfort to an individual for emotional support;
7083          (B) is accompanied by a therapy animal handler; and
7084          (C) is trained to provide animal-assisted intervention.
7085          (ii) "Therapy animal" does not include a service animal or support animal as those

7086     terms are defined in Section [62A-5b-102] 26B-6-801.
7087          (d) "Therapy animal handler" means an individual who is trained to handle a therapy
7088     animal for animal-assisted interventions.
7089          (2) (a) If a school within a local education agency provides animal-assisted
7090     interventions through therapy animals, the local education agency shall adopt a policy for
7091     proper handling of a therapy animal on school grounds.
7092          (b) The policy described in Subsection (2)(a) shall include:
7093          (i) local or national certification or registration requirements for a therapy animal and
7094     therapy animal handler;
7095          (ii) guidelines for when a therapy animal and therapy animal handler are allowed on
7096     school grounds;
7097          (iii) notice requirements for parents, students, and school faculty and staff regarding
7098     the use of a therapy animal on school grounds; and
7099          (iv) guidelines to prevent students and staff who have an animal allergy or are
7100     uncomfortable around animals from interacting with a therapy animal on school grounds.
7101          (3) This section does not require a school to allow the use of a therapy animal.
7102          Section 109. Section 53G-9-301 is amended to read:
7103          53G-9-301. Definitions.
7104          As used in this part:
7105          (1) "Department" means the Department of Health and Human Services created in
7106     Section 26B-1-201.
7107          (2) "Health official" means an individual designated by a local health department from
7108     within the local health department to consult and counsel parents and licensed health care
7109     providers, in accordance with Subsection 53G-9-304(2)(a).
7110          (3) "Health official designee" means a licensed health care provider designated by a
7111     local health department, in accordance with Subsection 53G-9-304(2)(b), to consult with
7112     parents, licensed health care professionals, and school officials.
7113          (4) "Immunization" or "immunize" means a process through which an individual

7114     develops an immunity to a disease, through vaccination or natural exposure to the disease.
7115          (5) "Immunization record" means a record relating to a student that includes:
7116          (a) information regarding each required vaccination that the student has received,
7117     including the date each vaccine was administered, verified by:
7118          (i) a licensed health care provider;
7119          (ii) an authorized representative of a local health department;
7120          (iii) an authorized representative of the department;
7121          (iv) a registered nurse; or
7122          (v) a pharmacist;
7123          (b) information regarding each disease against which the student has been immunized
7124     by previously contracting the disease; and
7125          (c) an exemption form identifying each required vaccination from which the student is
7126     exempt, including all required supporting documentation described in Section 53G-9-303.
7127          (6) "Legally responsible individual" means:
7128          (a) a student's parent;
7129          (b) the student's legal guardian;
7130          (c) an adult brother or sister of a student who has no legal guardian; or
7131          (d) the student, if the student:
7132          (i) is an adult; or
7133          (ii) is a minor who may consent to treatment under Section [26-10-9] 26B-4-321.
7134          (7) "Licensed health care provider" means a health care provider who is licensed under
7135     Title 58, Occupations and Professions, as:
7136          (a) a medical doctor;
7137          (b) an osteopathic doctor;
7138          (c) a physician assistant; or
7139          (d) an advanced practice registered nurse.
7140          (8) "Local health department" means the same as that term is defined in Section
7141     26A-1-102.

7142          (9) "Required vaccines" means vaccines required by department rule described in
7143     Section 53G-9-305.
7144          (10) "School" means any public or private:
7145          (a) elementary or secondary school through grade 12;
7146          (b) preschool;
7147          (c) child care program, as that term is defined in Section [26-39-102] 26B-2-401;
7148          (d) nursery school; or
7149          (e) kindergarten.
7150          (11) "Student" means an individual who attends a school.
7151          (12) "Vaccinating" or "vaccination" means the administration of a vaccine.
7152          (13) "Vaccination exemption form" means a form, described in Section 53G-9-304,
7153     that documents and verifies that a student is exempt from the requirement to receive one or
7154     more required vaccines.
7155          (14) "Vaccine" means the substance licensed for use by the United States Food and
7156     Drug Administration that is injected into or otherwise administered to an individual to
7157     immunize the individual against a communicable disease.
7158          Section 110. Section 53G-9-303 is amended to read:
7159          53G-9-303. Grounds for exemption from required vaccines -- Renewal.
7160          (1) A student is exempt from the requirement to receive a vaccine required under
7161     Section 53G-9-305 if the student qualifies for a medical or personal exemption from the
7162     vaccination under Subsection (2) or (3).
7163          (2) A student qualifies for a medical exemption from a vaccination required under
7164     Section 53G-9-305 if the student's legally responsible individual provides to the student's
7165     school:
7166          (a) a completed vaccination exemption form; and
7167          (b) a written notice signed by a licensed health care provider stating that, due to the
7168     physical condition of the student, administration of the vaccine would endanger the student's
7169     life or health.

7170          (3) A student qualifies for a personal exemption from a vaccination required under
7171     Section 53G-9-305 if the student's legally responsible individual provides to the student's
7172     school a completed vaccination exemption form, stating that the student is exempt from the
7173     vaccination because of a personal or religious belief.
7174          (4) (a) A vaccination exemption form submitted under this section is valid for as long
7175     as the student remains at the school to which the form first is presented.
7176          (b) If the student changes schools before the student is old enough to enroll in
7177     kindergarten, the vaccination exemption form accepted as valid at the student's previous school
7178     is valid until the earlier of the day on which:
7179          (i) the student enrolls in kindergarten; or
7180          (ii) the student turns six years old.
7181          (c) If the student changes schools after the student is old enough to enroll in
7182     kindergarten but before the student is eligible to enroll in grade 7, the vaccination exemption
7183     form accepted as valid at the student's previous school is valid until the earlier of the day on
7184     which:
7185          (i) the student enrolls in grade 7; or
7186          (ii) the student turns 12 years old.
7187          (d) If the student changes schools after the student is old enough to enroll in grade 7,
7188     the vaccination exemption form accepted as valid at the student's previous school is valid until
7189     the student completes grade 12.
7190          (e) Notwithstanding Subsections (4)(b) and (c), a vaccination exemption form obtained
7191     through completion of the online education module created in Section [26-7-9] 26B-7-118 is
7192     valid for at least two years.
7193          (5) An LEA that offers both remote and in-person learning options may not deny a
7194     student who is exempt from a requirement to receive a vaccine under Subsection (1) to
7195     participate in an in-person learning option based upon the student's vaccination status.
7196          (6) Nothing in this section restricts a state or local health department from acting under
7197     applicable law to contain the spread of an infectious disease.

7198          Section 111. Section 53G-9-304 is amended to read:
7199          53G-9-304. Vaccination exemption form.
7200          (1) The department shall:
7201          (a) develop a vaccination exemption form that includes only the following information:
7202          (i) identifying information regarding:
7203          (A) the student to whom an exemption applies; and
7204          (B) the legally responsible individual who claims the exemption for the student and
7205     signs the vaccination exemption form;
7206          (ii) an indication regarding the vaccines to which the exemption relates;
7207          (iii) a statement that the claimed exemption is for:
7208          (A) a medical reason; or
7209          (B) a personal or religious belief; and
7210          (iv) an explanation of the requirements, in the event of an outbreak of a disease for
7211     which a required vaccine exists, for a student who:
7212          (A) has not received the required vaccine; and
7213          (B) is not otherwise immune from the disease; and
7214          (b) provide the vaccination exemption form created in this Subsection (1) to local
7215     health departments.
7216          (2) (a) Each local health department shall designate one or more individuals from
7217     within the local health department as a health official to consult, regarding the requirements of
7218     this part, with:
7219          (i) parents, upon the request of parents;
7220          (ii) school principals and administrators; and
7221          (iii) licensed health care providers.
7222          (b) A local health department may designate a licensed health care provider as a health
7223     official designee to provide the services described in Subsection (2)(a).
7224          (3) (a) To receive a vaccination exemption form described in Subsection (1), a legally
7225     responsible individual shall complete the online education module described in Section

7226     [26-7-9] 26B-7-118, permitting an individual to:
7227          (i) complete any requirements online; and
7228          (ii) download and print the vaccine exemption form immediately upon completion of
7229     the requirements.
7230          (b) A legally responsible individual may decline to take the online education module
7231     and obtain a vaccination exemption form from a local health department if the individual:
7232          (i) requests and receives an in-person consultation at a local health department from a
7233     health official or a health official designee regarding the requirements of this part; and
7234          (ii) pays any fees established under Subsection (4)(b).
7235          (4) (a) Neither the department nor any other person may charge a fee for the exemption
7236     form offered through the online education module in Subsection (3)(a).
7237          (b) A local health department may establish a fee of up to $25 to cover the costs of
7238     providing an in-person consultation.
7239          Section 112. Section 53G-9-402 is amended to read:
7240          53G-9-402. Rules for examinations prescribed by the Department of Health and
7241     Human Services -- Notification of impairment.
7242          (1) (a) Each local school board shall implement policies as prescribed by the
7243     Department of Health and Human Services for vision, dental, abnormal spinal curvature, and
7244     hearing examinations of students attending the district's schools.
7245          (b) Under guidelines of the Department of Health and Human Services, qualified
7246     health professionals shall provide instructions, equipment, and materials for conducting the
7247     examinations.
7248          (c) The policies shall include exemption provisions for students whose parents contend
7249     the examinations violate their personal beliefs.
7250          (2) The school shall notify, in writing, a student's parent of any impairment disclosed
7251     by the examinations.
7252          Section 113. Section 53G-9-404 is amended to read:
7253          53G-9-404. Public education vision screening.

7254          (1) As used in this section:
7255          (a) "Health care professional" means an individual licensed under:
7256          (i) Title 58, Chapter 16a, Utah Optometry Practice Act;
7257          (ii) Title 58, Chapter 31b, Nurse Practice Act, if the individual is licensed for the
7258     practice of advance practice registered nursing, as defined in Section 58-31b-102;
7259          (iii) Title 58, Chapter 42a, Occupational Therapy Practice Act;
7260          (iv) Title 58, Chapter 67, Utah Medical Practice Act;
7261          (v) Title 58, Chapter 68, Utah Osteopathic Medical Practice Act; or
7262          (vi) Title 58, Chapter 70a, Utah Physician Assistant Act.
7263          (b) "Qualifying child" means a child who:
7264          (i) attends an LEA;
7265          (ii) is at least three years old; and
7266          (iii) is not yet 16 years old.
7267          (c) "Tier one vision screening" means a lower-level evaluation of an individual's
7268     vision, as determined by Department of Health and Human Services rule.
7269          (d) "Tier two vision screening" means an individual, higher-level evaluation of an
7270     individual's vision, as determined by Department of Health and Human Services rule.
7271          (2) The Department of Health and Human Services shall oversee public education
7272     vision screening, as described in this section.
7273          (3) A child who is less than nine years old and has not yet attended public school in the
7274     state shall, before attending a public school in the state, provide:
7275          (a) a completed vision screening form, described in Subsection (5)(a)(i), that is signed
7276     by a health care professional; or
7277          (b) a written statement signed by a parent that the child will not be screened before
7278     attending public school in the state.
7279          (4) The Department of Health and Human Services shall prepare and provide:
7280          (a) training for a school nurse who supervises an LEA tier one vision screening clinic;
7281     and

7282          (b) an online training module for a potential volunteer for an LEA tier one vision
7283     screening clinic.
7284          (5) (a) The Department of Health and Human Services shall provide a template for:
7285          (i) a form for use by a health care professional under Subsection (3)(a) to certify that a
7286     child has received an adequate vision screening; and
7287          (ii) a referral form used for the referral and follow up of a qualifying child after a tier
7288     one or tier two vision screening.
7289          (b) A template described in Subsection (5)(a) shall include the following statement: "A
7290     screening is not a substitute for a complete eye exam and vision evaluation by an eye doctor."
7291          (6) The Department of Health and Human Services shall make rules to:
7292          (a) generally provide for and require the administration of tier one vision screening in
7293     accordance with this section, including an opt-out process;
7294          (b) describe standards and procedures for tier one vision screening, including referral
7295     and follow up protocols and reporting a student's significant vision impairment results to the
7296     Utah Schools for the Deaf and the Blind;
7297          (c) outline the qualifications of and parameters for the use of an outside entity to
7298     supervise an LEA tier one vision screening clinic when an LEA does not have a school nurse to
7299     supervise an LEA tier one vision screening clinic;
7300          (d) determine when a potential volunteer at an LEA tier one vision screening clinic has
7301     a conflict of interest, including if the potential volunteer could profit financially from
7302     volunteering;
7303          (e) determine the regularity of tier one vision screening in order to ensure that a
7304     qualifying child receives tier one vision screening at particular intervals; and
7305          (f) provide for tier two vision screening for a qualifying child, including:
7306          (i) in coordination with the state board, determining mandatory and optional tier two
7307     vision screening for a qualifying child;
7308          (ii) identification of and training for an individual who provides tier two vision
7309     screening;

7310          (iii) (A) the creation of a symptoms questionnaire that includes questions for a
7311     nonprofessionally trained individual to identify an eye focusing or tracking problem as well as
7312     convergence insufficiency of a qualifying child; and
7313          (B) protocol on how to administer the symptoms questionnaire in coordination with
7314     tier two vision screening;
7315          (iv) general standards, procedures, referral, and follow up protocol; and
7316          (v) aggregate reporting requirements.
7317          (7) (a) In accordance with Department of Health and Human Services oversight and
7318     rule and Subsection (7)(b), an LEA shall conduct free tier one vision screening clinics for all
7319     qualifying children who attend the LEA or a school within the LEA.
7320          (b) If the parent of a qualifying child requests that the qualifying child not participate in
7321     a tier one or tier two vision screening, an LEA may not require the qualifying child to receive
7322     the tier one or tier two vision screening.
7323          (8) (a) Except as provided in Subsection (8)(b), a school nurse shall supervise an LEA
7324     tier one vision screening clinic as well as provide referral and followup services.
7325          (b) If an LEA does not have a school nurse to supervise an LEA tier one vision
7326     screening clinic, an LEA may, in accordance with Department of Health and Human Services
7327     rule, use an outside entity to supervise an LEA tier one vision screening clinic.
7328          (9) (a) An LEA shall ensure that a volunteer who assists with an LEA tier one vision
7329     screening clinic:
7330          (i) (A) is trained by a school nurse; or
7331          (B) demonstrates successful completion of the training module described in Subsection
7332     (4)(b);
7333          (ii) complies with the requirements of Subsection (9)(c); and
7334          (iii) is supervised by a school nurse or, in accordance with Subsection (8)(b), an
7335     outside entity.
7336          (b) In accordance with Department of Health and Human Services rule, an LEA may
7337     exclude a person from volunteering at an LEA tier one vision screening clinic if the person has

7338     a conflict of interest, including if the person could profit financially from volunteering.
7339          (c) A volunteer who assists with an LEA tier one vision screening clinic may not
7340     market, advertise, or promote a business in connection with assisting at the LEA tier one vision
7341     screening clinic.
7342          (d) A volunteer who assists with an LEA tier one vision screening clinic is not liable
7343     for damages that result from an act or omission related to the LEA tier one vision screening
7344     clinic, if the act or omission is not willful or grossly negligent.
7345          Section 114. Section 53G-9-502 is amended to read:
7346          53G-9-502. Administration of medication to students -- Prerequisites -- Immunity
7347     from liability -- Applicability.
7348          (1) A public or private school that holds any classes in grades kindergarten through 12
7349     may provide for the administration of medication to any student during periods when the
7350     student is under the control of the school, subject to the following conditions:
7351          (a) the local school board, charter school governing board, or the private equivalent,
7352     after consultation with the Department of Health and Human Services and school nurses shall
7353     adopt policies that provide for:
7354          (i) the designation of volunteer employees who may administer medication;
7355          (ii) proper identification and safekeeping of medication;
7356          (iii) the training of designated volunteer employees by the school nurse;
7357          (iv) maintenance of records of administration; and
7358          (v) notification to the school nurse of medication that will be administered to students;
7359     and
7360          (b) medication may only be administered to a student if:
7361          (i) the student's parent has provided a current written and signed request that
7362     medication be administered during regular school hours to the student; and
7363          (ii) the student's licensed health care provider has prescribed the medication and
7364     provides documentation as to the method, amount, and time schedule for administration, and a
7365     statement that administration of medication by school employees during periods when the

7366     student is under the control of the school is medically necessary.
7367          (2) Authorization for administration of medication by school personnel may be
7368     withdrawn by the school at any time following actual notice to the student's parent.
7369          (3) School personnel who provide assistance under Subsection (1) in substantial
7370     compliance with the licensed health care provider's written prescription and the employers of
7371     these school personnel are not liable, civilly or criminally, for:
7372          (a) any adverse reaction suffered by the student as a result of taking the medication;
7373     and
7374          (b) discontinuing the administration of the medication under Subsection (2).
7375          (4) Subsections (1) through (3) do not apply to:
7376          (a) the administration of glucagon in accordance with Section 53G-9-504;
7377          (b) the administration of a seizure rescue medication in accordance with Section
7378     53G-9-505; or
7379          (c) the administration of an opiate antagonist in accordance with [Title 26, Chapter 55,
7380     Opiate Overdose Response Act] Title 26B, Chapter 4, Part 5, Treatment Access.
7381          Section 115. Section 53G-9-702 is amended to read:
7382          53G-9-702. Youth suicide prevention programs -- State board to develop model
7383     programs.
7384          (1) As used in the section:
7385          (a) "Elementary grades" means:
7386          (i) kindergarten through grade 5; and
7387          (ii) if the associated middle or junior high school does not include grade 6, grade 6.
7388          (b) "Intervention" means an effort to prevent a student from attempting suicide.
7389          (c) "Postvention" means mental health intervention after a suicide attempt or death to
7390     prevent or contain contagion.
7391          (d) "Program" means a youth suicide prevention program described in Subsection (2).
7392          (e) "Public education suicide prevention coordinator" means an individual designated
7393     by the state board as described in Subsection (4).

7394          (f) "Secondary grades" means:
7395          (i) grades 7 through 12; and
7396          (ii) if a middle or junior high school includes grade 6, grade 6.
7397          (g) "State suicide prevention coordinator" means the state suicide prevention
7398     coordinator described in Section [62A-15-1101] 26B-5-611.
7399          (2) In collaboration with the public education suicide prevention coordinator, a school
7400     district or charter school shall implement a youth suicide prevention program, which, in
7401     collaboration with the training, programs, and initiatives described in Section 53G-9-607, shall
7402     include programs and training to address:
7403          (a) for elementary grades and secondary grades:
7404          (i) life-affirming education, including on the concepts of resiliency, healthy habits,
7405     self-care, problem solving, and conflict resolution;
7406          (ii) methods of strengthening the family; and
7407          (iii) methods of strengthening a youth's relationships in the school and community; and
7408          (b) for secondary grades:
7409          (i) prevention of youth suicide;
7410          (ii) decreasing the risk of suicide among youth who are:
7411          (A) not accepted by family for any reason, including lesbian, gay, bisexual,
7412     transgender, or questioning youth; or
7413          (B) suffer from bullying;
7414          (iii) youth suicide intervention; and
7415          (iv) postvention for family, students, and faculty.
7416          (3) Each school district and charter school shall ensure that the youth suicide
7417     prevention program described in Subsection (2):
7418          (a) considers appropriate coordination with the following prevention programs:
7419          (i) the prevention of bullying and cyber-bullying, as those terms are defined in Section
7420     53G-9-601; and
7421          (ii) the prevention of underage drinking of alcohol and substance abuse under Section

7422     53G-10-406; and
7423          (b) includes provisions to ensure that the school district or charter school promptly
7424     communicates with the parent or guardian of a student in accordance with Section 53G-9-604.
7425          (4) The state board shall:
7426          (a) designate a public education suicide prevention coordinator; and
7427          (b) in collaboration with the Department of Health and Human Services and the state
7428     suicide prevention coordinator, develop model programs to provide to school districts and
7429     charter schools:
7430          (i) program training; and
7431          (ii) resources regarding the required components described in Subsections (2)(a) and
7432     (b).
7433          (5) The public education suicide prevention coordinator shall:
7434          (a) oversee the youth suicide prevention programs of school districts and charter
7435     schools; and
7436          (b) coordinate prevention and postvention programs, services, and efforts with the state
7437     suicide prevention coordinator.
7438          (6) A public school suicide prevention program may allow school personnel to ask a
7439     student questions related to youth suicide prevention, intervention, or postvention.
7440          (7) (a) Subject to legislative appropriation, the state board may distribute money to a
7441     school district or charter school to be used to implement evidence-based practices and
7442     programs, or emerging best practices and programs, for preventing suicide in the school district
7443     or charter school.
7444          (b) The state board shall ensure that an LEA's allocation of funds from the board's
7445     distribution of money under Subsection (7)(a) provides an amount equal to at least $1,000 per
7446     school.
7447          (c) (i) A school shall use money allocated to the school under Subsection (7)(b) to
7448     implement evidence-based practices and programs, or emerging best practices and programs,
7449     for preventing suicide.

7450          (ii) Each school may select the evidence-based practices and programs, or emerging
7451     best practices and programs, for preventing suicide that the school implements.
7452          (8) An LEA may not charge indirect costs to the program.
7453          Section 116. Section 58-1-112 is amended to read:
7454          58-1-112. Data collection.
7455          (1) As used in this section:
7456          (a) "Council" means the Utah Health Workforce Advisory Council created in Section
7457     [26-69-201] 26B-1-425.
7458          (b) "Information center" means the Utah Health Workforce Information Center created
7459     in Section [26-69-301] 26B-4-705.
7460          (2) (a) In accordance with Subsection [26-69-301(2)(a)] 26B-4-705(2)(a), the
7461     department shall work with the information center to identify relevant data pertaining to a
7462     profession described in Subsection (3).
7463          (b) The data should focus on:
7464          (i) identifying workforce shortages;
7465          (ii) identifying labor market indicators;
7466          (iii) determining the educational background of a licensee; and
7467          (iv) determining whether Utah is retaining a stable health workforce.
7468          (c) After the council approves data to be collected, the department shall request the
7469     data from a licensee when a licensee applies for a license or renews the licensee's license.
7470          (d) The department shall send the obtained data to the information center.
7471          (e) A licensee may not be denied a license for failing to provide the data described in
7472     Subsection (2)(c) to the department.
7473          (3) (a) The department shall prioritize data collection for each profession licensed
7474     under:
7475          (i) Chapter 31b, Nurse Practice Act;
7476          (ii) Chapter 60, Mental Health Professional Practice Act;
7477          (iii) Chapter 61, Psychologist Licensing Act;

7478          (iv) Chapter 67, Utah Medical Practice Act;
7479          (v) Chapter 68, Utah Osteopathic Medical Practice Act;
7480          (vi) Chapter 69, Dentist and Dental Hygienist Practice Act; or
7481          (vii) Chapter 70a, Utah Physician Assistant Act.
7482          (b) After the department has collected data for each profession described in Subsection
7483     (3)(a), the department shall collect data for each profession licensed under:
7484          (i) Chapter 5a, Podiatric Physician Licensing Act;
7485          (ii) Chapter 17b, Pharmacy Practice Act;
7486          (iii) Chapter 24b, Physical Therapy Practice Act;
7487          (iv) Chapter 40, Recreational Therapy Practice Act;
7488          (v) Chapter 41, Speech-Language Pathology and Audiology Licensing Act;
7489          (vi) Chapter 42a, Occupational Therapy Practice Act;
7490          (vii) Chapter 44a, Nurse Midwife Practice Act;
7491          (viii) Chapter 54, Radiologic Technologist, Radiologist Assistant, and Radiology
7492     Practical Technician Licensing Act; or
7493          (ix) Chapter 57, Respiratory Care Practices Act.
7494          (c) The department shall collect data in accordance with this section for any
7495     health-related occupation or profession that is regulated by the department and is not described
7496     in Subsection (3)(a) or (b) if:
7497          (i) funding is available;
7498          (ii) the council has identified a need for the data; and
7499          (iii) data has been collected for each profession described in Subsections (3)(a) and
7500     (3)(b).
7501          Section 117. Section 58-1-307 is amended to read:
7502          58-1-307. Exemptions from licensure.
7503          (1) Except as otherwise provided by statute or rule, the following individuals may
7504     engage in the practice of their occupation or profession, subject to the stated circumstances and
7505     limitations, without being licensed under this title:

7506          (a) an individual serving in the armed forces of the United States, the United States
7507     Public Health Service, the United States Department of Veterans Affairs, or other federal
7508     agencies while engaged in activities regulated under this chapter as a part of employment with
7509     that federal agency if the individual holds a valid license to practice a regulated occupation or
7510     profession issued by any other state or jurisdiction recognized by the division;
7511          (b) a student engaged in activities constituting the practice of a regulated occupation or
7512     profession while in training in a recognized school approved by the division to the extent the
7513     activities are supervised by qualified faculty, staff, or designee and the activities are a defined
7514     part of the training program;
7515          (c) an individual engaged in an internship, residency, preceptorship, postceptorship,
7516     fellowship, apprenticeship, or on-the-job training program approved by the division while
7517     under the supervision of qualified individuals;
7518          (d) an individual residing in another state and licensed to practice a regulated
7519     occupation or profession in that state, who is called in for a consultation by an individual
7520     licensed in this state, and the services provided are limited to that consultation;
7521          (e) an individual who is invited by a recognized school, association, society, or other
7522     body approved by the division to conduct a lecture, clinic, or demonstration of the practice of a
7523     regulated occupation or profession if the individual does not establish a place of business or
7524     regularly engage in the practice of the regulated occupation or profession in this state;
7525          (f) an individual licensed under the laws of this state, other than under this title, to
7526     practice or engage in an occupation or profession, while engaged in the lawful, professional,
7527     and competent practice of that occupation or profession;
7528          (g) an individual licensed in a health care profession in another state who performs that
7529     profession while attending to the immediate needs of a patient for a reasonable period during
7530     which the patient is being transported from outside of this state, into this state, or through this
7531     state;
7532          (h) an individual licensed in another state or country who is in this state temporarily to
7533     attend to the needs of an athletic team or group, except that the practitioner may only attend to

7534     the needs of the athletic team or group, including all individuals who travel with the team or
7535     group in any capacity except as a spectator;
7536          (i) an individual licensed and in good standing in another state, who is in this state:
7537          (i) temporarily, under the invitation and control of a sponsoring entity;
7538          (ii) for a reason associated with a special purpose event, based upon needs that may
7539     exceed the ability of this state to address through its licensees, as determined by the division;
7540     and
7541          (iii) for a limited period of time not to exceed the duration of that event, together with
7542     any necessary preparatory and conclusionary periods; and
7543          (j) the spouse of an individual serving in the armed forces of the United States while
7544     the individual is stationed within this state, provided:
7545          (i) the spouse holds a valid license to practice a regulated occupation or profession
7546     issued by any other state or jurisdiction recognized by the division; and
7547          (ii) the license is current and the spouse is in good standing in the state of licensure.
7548          (2) (a) A practitioner temporarily in this state who is exempted from licensure under
7549     Subsection (1) shall comply with each requirement of the licensing jurisdiction from which the
7550     practitioner derives authority to practice.
7551          (b) Violation of a limitation imposed by this section constitutes grounds for removal of
7552     exempt status, denial of license, or other disciplinary proceedings.
7553          (3) An individual who is licensed under a specific chapter of this title to practice or
7554     engage in an occupation or profession may engage in the lawful, professional, and competent
7555     practice of that occupation or profession without additional licensure under other chapters of
7556     this title, except as otherwise provided by this title.
7557          (4) Upon the declaration of a national, state, or local emergency, a public health
7558     emergency as defined in Section [26-23b-102] 26B-7-301, or a declaration by the president of
7559     the United States or other federal official requesting public health-related activities, the
7560     division in collaboration with the relevant board may:
7561          (a) suspend the requirements for permanent or temporary licensure of individuals who

7562     are licensed in another state for the duration of the emergency while engaged in the scope of
7563     practice for which they are licensed in the other state;
7564          (b) modify, under the circumstances described in this Subsection (4) and Subsection
7565     (5), the scope of practice restrictions under this title for individuals who are licensed under this
7566     title as:
7567          (i) a physician under Chapter 67, Utah Medical Practice Act, or Chapter 68, Utah
7568     Osteopathic Medical Practice Act;
7569          (ii) a nurse under Chapter 31b, Nurse Practice Act, or Chapter 31e, Nurse Licensure
7570     Compact - Revised;
7571          (iii) a certified nurse midwife under Chapter 44a, Nurse Midwife Practice Act;
7572          (iv) a pharmacist, pharmacy technician, or pharmacy intern under Chapter 17b,
7573     Pharmacy Practice Act;
7574          (v) a respiratory therapist under Chapter 57, Respiratory Care Practices Act;
7575          (vi) a dentist and dental hygienist under Chapter 69, Dentist and Dental Hygienist
7576     Practice Act; and
7577          (vii) a physician assistant under Chapter 70a, Utah Physician Assistant Act;
7578          (c) suspend the requirements for licensure under this title and modify the scope of
7579     practice in the circumstances described in this Subsection (4) and Subsection (5) for medical
7580     services personnel or paramedics required to be licensed under Section [26-8a-302] 26B-4-116;
7581          (d) suspend requirements in Subsections 58-17b-620(3) through (6) which require
7582     certain prescriptive procedures;
7583          (e) exempt or modify the requirement for licensure of an individual who is activated as
7584     a member of a medical reserve corps during a time of emergency as provided in Section
7585     26A-1-126;
7586          (f) exempt or modify the requirement for licensure of an individual who is registered as
7587     a volunteer health practitioner as provided in [Title 26, Chapter 49, Uniform Emergency
7588     Volunteer Health Practitioners Act] Title 26B, Chapter 4, Part 8, Uniform Emergency
7589     Volunteer Health Practitioners Act; and

7590          (g) in accordance with rules made by the division in accordance with Title 63G,
7591     Chapter 3, Utah Administrative Rulemaking Act, exempt or modify the requirements for
7592     licensure of an individual engaged in one or more of the construction trades described in
7593     Chapter 55, Utah Construction Trades Licensing Act.
7594          (5) Individuals exempt under Subsection (4)(c) and individuals operating under
7595     modified scope of practice provisions under Subsection (4)(b):
7596          (a) are exempt from licensure or subject to modified scope of practice for the duration
7597     of the emergency;
7598          (b) must be engaged in the distribution of medicines or medical devices in response to
7599     the emergency or declaration; and
7600          (c) must be employed by or volunteering for:
7601          (i) a local or state department of health; or
7602          (ii) a host entity as defined in Section [26-49-102] 26B-4-801.
7603          (6) In accordance with the protocols established under Subsection (8), upon the
7604     declaration of a national, state, or local emergency, the Department of Health and Human
7605     Services or a local health department shall coordinate with public safety authorities as defined
7606     in Subsection [26-23b-110(1)] 26B-7-323(1) and may:
7607          (a) use a vaccine, antiviral, antibiotic, or other prescription medication that is not a
7608     controlled substance to prevent or treat a disease or condition that gave rise to, or was a
7609     consequence of, the emergency; or
7610          (b) distribute a vaccine, antiviral, antibiotic, or other prescription medication that is not
7611     a controlled substance:
7612          (i) if necessary, to replenish a commercial pharmacy in the event that the commercial
7613     pharmacy's normal source of the vaccine, antiviral, antibiotic, or other prescription medication
7614     is exhausted; or
7615          (ii) for dispensing or direct administration to treat the disease or condition that gave
7616     rise to, or was a consequence of, the emergency by:
7617          (A) a pharmacy;

7618          (B) a prescribing practitioner;
7619          (C) a licensed health care facility;
7620          (D) a federally qualified community health clinic; or
7621          (E) a governmental entity for use by a community more than 50 miles from a person
7622     described in Subsections (6)(b)(ii)(A) through (D).
7623          (7) In accordance with protocols established under Subsection (8), upon the declaration
7624     of a national, state, or local emergency, the Department of Health and Human Services shall
7625     coordinate the distribution of medications:
7626          (a) received from the strategic national stockpile to local health departments; and
7627          (b) from local health departments to emergency personnel within the local health
7628     departments' geographic region.
7629          (8) The Department of Health and Human Services shall establish by rule, made in
7630     accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, protocols for
7631     administering, dispensing, and distributing a vaccine, an antiviral, an antibiotic, or other
7632     prescription medication that is not a controlled substance in the event of a declaration of a
7633     national, state, or local emergency. The protocol shall establish procedures for the Department
7634     of Health and Human Services or a local health department to:
7635          (a) coordinate the distribution of:
7636          (i) a vaccine, an antiviral, an antibiotic, or other prescription medication that is not a
7637     controlled substance received by the Department of Health and Human Services from the
7638     strategic national stockpile to local health departments; and
7639          (ii) a vaccine, an antiviral, an antibiotic, or other non-controlled prescription
7640     medication received by a local health department to emergency personnel within the local
7641     health department's geographic region;
7642          (b) authorize the dispensing, administration, or distribution of a vaccine, an antiviral,
7643     an antibiotic, or other prescription medication that is not a controlled substance to the contact
7644     of a patient without a patient-practitioner relationship, if the contact's condition is the same as
7645     that of the physician's or physician assistant's patient; and

7646          (c) authorize the administration, distribution, or dispensing of a vaccine, an antiviral,
7647     an antibiotic, or other non-controlled prescription medication to an individual who:
7648          (i) is working in a triage situation;
7649          (ii) is receiving preventative or medical treatment in a triage situation;
7650          (iii) does not have coverage for the prescription in the individual's health insurance
7651     plan;
7652          (iv) is involved in the delivery of medical or other emergency services in response to
7653     the declared national, state, or local emergency; or
7654          (v) otherwise has a direct impact on public health.
7655          (9) The Department of Health and Human Services shall give notice to the division
7656     upon implementation of the protocol established under Subsection (8).
7657          Section 118. Section 58-1-312 is amended to read:
7658          58-1-312. Organ donation notification.
7659          (1) As used in this section:
7660          (a) "Donor" means the same as that term is defined in Section [26-28-102] 26B-8-301.
7661          (b) "Donor registry" means the same as that term is defined in Section [26-28-102]
7662     26B-8-301.
7663          (2) At the same time the division issues a new license to a licensee in accordance with
7664     Subsection 58-1-301(4), and at the same time the division notifies a licensee that the licensee's
7665     license is due for renewal in accordance with Subsection 58-1-308(3)(a), the division shall
7666     distribute to the licensee, by email using the most recent email address furnished to the division
7667     by the licensee, a message notifying the licensee of the option to register as a donor and
7668     providing the licensee an Internet link to a website for a donor registry established under
7669     Section [26-28-120] 26B-8-319.
7670          Section 119. Section 58-1-405 is amended to read:
7671          58-1-405. Provisions of volunteer health or veterinary services -- Division
7672     authority.
7673          In accordance with Section [26-49-205] 26B-4-807, the division may pursue actions

7674     against a volunteer health practitioner operating under [Title 26, Chapter 49, Uniform
7675     Emergency Volunteer Health Practitioners Act] Title 26B, Chapter 4, Part 8, Uniform
7676     Emergency Volunteer Health Practitioners Act.
7677          Section 120. Section 58-1-501.5 is amended to read:
7678          58-1-501.5. Anatomic pathology services -- Billing violations.
7679          (1) As used in this section, the following definitions apply:
7680          (a) (i) "Anatomic pathology services" including "technical or professional component
7681     of anatomic pathology services" means:
7682          (A) histopathology or surgical pathology, meaning the gross examination of, histologic
7683     processing of, or microscopic examination of human organ tissue performed by a physician or
7684     under the supervision of a physician;
7685          (B) cytopathology, meaning the examination of human cells, from fluids, aspirates,
7686     washings, brushings, or smears, including the pap test examination performed by a physician or
7687     under the supervision of a physician;
7688          (C) hematology, meaning the microscopic evaluation of human bone marrow aspirates
7689     and biopsies performed by a physician or under the supervision of a physician and peripheral
7690     human blood smears when the attending or treating physician or other practitioner of the
7691     healing arts or a technologist requests that a blood smear be reviewed by a pathologist;
7692          (D) subcellular pathology and molecular pathology; and
7693          (E) blood bank services performed by a pathologist.
7694          (ii) "Anatomic pathology services" including "technical or professional component of
7695     anatomic pathology services" does not include the initial collection or packaging of a sample
7696     for transport.
7697          (b) "Clinical laboratory" or "laboratory" means a facility for the biological,
7698     microbiological, serological, chemical, immunohematological, hematological, biophysical,
7699     cytological, pathological, or other examination of materials derived from the human body for
7700     the purpose of providing information for the diagnosis, prevention, or treatment of any disease
7701     or impairment of human beings or the assessment of the health of human beings.

7702          (c) "Health care facility" has the meaning provided in Section [26-21-2] 26B-2-201.
7703          (d) "Health care provider" includes:
7704          (i) an advanced practice registered nurse licensed under Chapter 31b, Nurse Practice
7705     Act;
7706          (ii) a chiropractic physician licensed under Chapter 73, Chiropractic Physician Practice
7707     Act;
7708          (iii) a dentist licensed under Chapter 69, Dentist and Dental Hygienist Practice Act;
7709          (iv) a nurse midwife licensed under Chapter 44a, Nurse Midwife Practice Act;
7710          (v) an optometrist licensed under Chapter 16a, Utah Optometry Practice Act;
7711          (vi) an osteopathic physician and surgeon licensed under Chapter 68, Utah Osteopathic
7712     Medical Practice Act;
7713          (vii) a podiatric physician licensed under Chapter 5a, Podiatric Physician Licensing
7714     Act;
7715          (viii) a physician and surgeon licensed under Chapter 67, Utah Medical Practice Act;
7716     and
7717          (ix) a physician assistant licensed under Chapter 70a, Utah Physician Assistant Act.
7718          (e) "Insurer" includes:
7719          (i) any entity offering accident and health insurance as defined in Section 31A-1-301;
7720          (ii) workers' compensation benefits;
7721          (iii) a health maintenance organization; or
7722          (iv) any self-insurance, as defined in Section 31A-1-301, that offers health care
7723     insurance or benefits.
7724          (2) (a) A health care provider who orders anatomic pathology services for a patient
7725     from an independent physician or laboratory may not directly or indirectly mark up, charge a
7726     commission, or make a profit on the anatomic pathology service provided by the independent
7727     physician or laboratory.
7728          (b) Nothing in Subsection (2)(a):
7729          (i) restricts the ability of a health care provider, who has not performed or supervised

7730     either the technical or professional component of the anatomic pathology service, to obtain
7731     payment for services related solely to the collection and packaging of a sample and
7732     administrative billing costs; or
7733          (ii) restricts the ability of the lab function in the Department of Health and Human
7734     Services to bill for services.
7735          (3) A health care provider when billing a patient directly for anatomic pathology
7736     services provided by an independent physician or laboratory shall furnish an itemized bill
7737     which conforms with the billing practices of the American Medical Association that
7738     conspicuously discloses the charge for each anatomic pathology service, physician or
7739     laboratory name, and address for each anatomic pathology service rendered to the patient by the
7740     physician or laboratory that performed the anatomic pathology service.
7741          (4) The disclosure to be made under Subsection (3) shall not be required when the
7742     anatomic pathology service is being ordered by a hospital, a laboratory performing either the
7743     professional or technical component of the service, or a physician performing either the
7744     professional or technical component of the service, a public health clinic, or a state or federal
7745     agency.
7746          (5) Failure to comply with the requirements of this section shall be considered to be
7747     unprofessional conduct.
7748          Section 121. Section 58-1-501.7 is amended to read:
7749          58-1-501.7. Standards of conduct for prescription drug education -- Academic
7750     and commercial detailing.
7751          (1) For purposes of this section:
7752          (a) "Academic detailing":
7753          (i) means a health care provider who is licensed under this title to prescribe or dispense
7754     a prescription drug and employed by someone other than a pharmaceutical manufacturer:
7755          (A) for the purpose of countering information provided in commercial detailing; and
7756          (B) to disseminate educational information about prescription drugs to other health
7757     care providers in an effort to better align clinical practice with scientific research; and

7758          (ii) does not include a health care provider who:
7759          (A) is disseminating educational information about a prescription drug as part of
7760     teaching or supervising students or graduate medical education students at an institution of
7761     higher education or through a medical residency program;
7762          (B) is disseminating educational information about a prescription drug to a patient or a
7763     patient's representative; or
7764          (C) is acting within the scope of practice for the health care provider regarding the
7765     prescribing or dispensing of a prescription drug.
7766          (b) "Commercial detailing" means an educational practice employed by a
7767     pharmaceutical manufacturer in which clinical information and evidence about a prescription
7768     drug is shared with health care professionals.
7769          (c) "Manufacture" is as defined in Section 58-37-2.
7770          (d) "Pharmaceutical manufacturer" is a person who manufactures a prescription drug.
7771          (2) (a) Except as provided in Subsection (3), the provisions of this section apply to an
7772     academic detailer beginning July 1, 2013.
7773          (b) An academic detailer and a commercial detailer who educate another health care
7774     provider about prescription drugs through written or oral educational material is subject to
7775     federal regulations regarding:
7776          (i) false and misleading advertising in 21 C.F.R., Part 201 (2007);
7777          (ii) prescription drug advertising in 21 C.F.R., Part 202 (2007); and
7778          (iii) the federal Office of the Inspector General's Compliance Program Guidance for
7779     Pharmaceutical Manufacturers issued in April 2003, as amended.
7780          (c) A person who is injured by a violation of this section has a private right of action
7781     against a person engaged in academic detailing, if:
7782          (i) the actions of the person engaged in academic detailing, that are a violation of this
7783     section, are:
7784          (A) the result of gross negligence by the person; or
7785          (B) willful and wanton behavior by the person; and

7786          (ii) the damages to the person are reasonable, foreseeable, and proximately caused by
7787     the violations of this section.
7788          (3) (a) For purposes of this Subsection, "accident and health insurance":
7789          (i) means the same as that term is defined in Section 31A-1-301; and
7790          (ii) includes a self-funded health benefit plan and an administrator for a self-funded
7791     health benefit plan.
7792          (b) This section does not apply to a person who engages in academic detailing if that
7793     person is engaged in academic detailing on behalf of:
7794          (i) a person who provides accident and health insurance, including when the person
7795     who provides accident and health insurance contracts with or offers:
7796          (A) the state Medicaid program, including the Primary Care Network within the state's
7797     Medicaid program;
7798          (B) the Children's Health Insurance Program created in Section [26-40-103]
7799     26B-3-902;
7800          (C) a Medicare plan; or
7801          (D) a Medicare supplement plan;
7802          (ii) a hospital as defined in Section [26-21-2] 26B-2-201;
7803          (iii) any class of pharmacy as defined in Section 58-17b-102, including any affiliated
7804     pharmacies;
7805          (iv) an integrated health system as defined in Section 13-5b-102; or
7806          (v) a medical clinic.
7807          (c) This section does not apply to communicating or disseminating information about a
7808     prescription drug for the purpose of conducting research using prescription drugs at a health
7809     care facility as defined in Section [26-21-2] 26B-2-201, or a medical clinic.
7810          Section 122. Section 58-1-509 is amended to read:
7811          58-1-509. Patient consent for certain medical examinations.
7812          (1) As used in this section:
7813          (a) "Health care provider" means:

7814          (i) an individual who is:
7815          (A) a healthcare provider as defined in Section 78B-3-403; and
7816          (B) licensed under this title;
7817          (ii) emergency medical service personnel as defined in Section [26-8a-102] 26B-4-101;
7818     or
7819          (iii) an individual described in Subsection 58-1-307(1)(b) or (c).
7820          (b) "Patient examination" means a medical examination that requires contact with the
7821     patient's sexual organs.
7822          (2) A health care provider may not perform a patient examination on an anesthetized or
7823     unconscious patient unless:
7824          (a) the health care provider obtains consent from the patient or the patient's
7825     representative in accordance with Subsection (3);
7826          (b) a court orders performance of the patient examination for the collection of
7827     evidence;
7828          (c) the performance of the patient examination is within the scope of care for a
7829     procedure or diagnostic examination scheduled to be performed on the patient; or
7830          (d) the patient examination is immediately necessary for diagnosis or treatment of the
7831     patient.
7832          (3) To obtain consent to perform a patient examination on an anesthetized or
7833     unconscious patient, before performing the patient examination, the health care provider shall:
7834          (a) provide the patient or the patient's representative with a written or electronic
7835     document that:
7836          (i) is provided separately from any other notice or agreement;
7837          (ii) contains the following heading at the top of the document in not smaller than
7838     18-point bold face type: "CONSENT FOR EXAMINATION OF PELVIC REGION";
7839          (iii) specifies the nature and purpose of the patient examination;
7840          (iv) names one or more primary health care providers whom the patient or the patient's
7841     representative may authorize to perform the patient examination;

7842          (v) states whether there may be a student or resident that the patient or the patient's
7843     representative authorizes to:
7844          (A) perform an additional patient examination; or
7845          (B) observe or otherwise be present at the patient examination, either in person or
7846     through electronic means; and
7847          (vi) provides the patient or the patient's representative with a series of check boxes that
7848     allow the patient or the patient's representative to:
7849          (A) consent to the patient examination for diagnosis or treatment and an additional
7850     patient examination performed by a student or resident for an educational or training purpose;
7851          (B) consent to the patient examination only for diagnosis or treatment; or
7852          (C) refuse to consent to the patient examination;
7853          (b) obtain the signature of the patient or the patient's representative on the written or
7854     electronic document while witnessed by a third party; and
7855          (c) sign the written or electronic document.
7856          Section 123. Section 58-4a-102 is amended to read:
7857          58-4a-102. Definitions.
7858          As used in this chapter:
7859          (1) "Diversion agreement" means a written agreement entered into by a licensee and
7860     the division that describes the requirements of the licensee's monitoring regimen and that was
7861     entered into before May 12, 2020.
7862          (2) "Licensee" means an individual licensed to practice under:
7863          (a) Title 58, Chapter 5a, Podiatric Physician Licensing Act;
7864          (b) Title 58, Chapter 17b, Pharmacy Practice Act;
7865          (c) Title 58, Chapter 28, Veterinary Practice Act;
7866          (d) Title 58, Chapter 31b, Nurse Practice Act;
7867          (e) Title 58, Chapter 67, Utah Medical Practice Act;
7868          (f) Title 58, Chapter 68, Utah Osteopathic Medical Practice Act;
7869          (g) Title 58, Chapter 69, Dentist and Dental Hygienist Practice Act; or

7870          (h) Title 58, Chapter 70a, Utah Physician Assistant Act.
7871          (3) "Program" means the Utah Professionals Health Program.
7872          (4) "Program contract" means a written agreement entered into by a licensee and the
7873     division that allows the licensee to participate in the program.
7874          (5) "Substance use disorder" means the same as that term is defined in Section
7875     [62A-15-1202] 26B-5-501.
7876          Section 124. Section 58-5a-102 is amended to read:
7877          58-5a-102. Definitions.
7878          In addition to the definitions under Section 58-1-102, as used in this chapter:
7879          (1) "Board" means the Podiatric Physician Board created in Section 58-5a-201.
7880          (2) "Indirect supervision" means the same as that term is defined by the division by
7881     rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
7882          (3) "Medical assistant" means an unlicensed individual working under the indirect
7883     supervision of a licensed podiatric physician and engaging in specific tasks assigned by the
7884     licensed podiatric physician in accordance with the standards and ethics of the podiatry
7885     profession.
7886          (4) "Practice of podiatry" means the diagnosis and treatment of conditions affecting the
7887     human foot and ankle and their manifestations of systemic conditions by all appropriate and
7888     lawful means, subject to Section 58-5a-103.
7889          (5) "Unlawful conduct" includes:
7890          (a) the conduct that constitutes unlawful conduct under Section 58-1-501; and
7891          (b) for an individual who is not licensed under this chapter:
7892          (i) using the title or name podiatric physician, podiatrist, podiatric surgeon, foot doctor,
7893     foot specialist, or D.P.M.; or
7894          (ii) implying or representing that the individual is qualified to practice podiatry.
7895          (6) (a) "Unprofessional conduct" includes, for an individual licensed under this
7896     chapter:
7897          (i) the conduct that constitutes unprofessional conduct under Section 58-1-501;

7898          (ii) communicating to a third party, without the consent of the patient, information the
7899     individual acquires in treating the patient, except as necessary for professional consultation
7900     regarding treatment of the patient;
7901          (iii) allowing the individual's name or license to be used by an individual who is not
7902     licensed to practice podiatry under this chapter;
7903          (iv) except as described in Section 58-5a-306, employing, directly or indirectly, any
7904     unlicensed individual to practice podiatry;
7905          (v) using alcohol or drugs, to the extent the individual's use of alcohol or drugs impairs
7906     the individual's ability to practice podiatry;
7907          (vi) unlawfully prescribing, selling, or giving away any prescription drug, including
7908     controlled substances, as defined in Section 58-37-2;
7909          (vii) gross incompetency in the practice of podiatry;
7910          (viii) willfully and intentionally making a false statement or entry in hospital records,
7911     medical records, or reports;
7912          (ix) willfully making a false statement in reports or claim forms to governmental
7913     agencies or insurance companies with the intent to secure payment not rightfully due;
7914          (x) willfully using false or fraudulent advertising;
7915          (xi) conduct the division defines as unprofessional conduct by rule made in accordance
7916     with Title 63G, Chapter 3, Utah Administrative Rulemaking Act;
7917          (xii) falsely making an entry in, or altering, a medical record with the intent to conceal:
7918          (A) a wrongful or negligent act or omission of an individual licensed under this chapter
7919     or an individual under the direction or control of an individual licensed under this chapter; or
7920          (B) conduct described in Subsections (6)(a)(i) through (xi) or Subsection 58-1-501(1);
7921     or
7922          (xiii) violating the requirements of [Title 26, Chapter 61a, Utah Medical Cannabis Act]
7923     Title 26B, Chapter 4, Part 2, Cannabinoid Research and Medical Cannabis.
7924          (b) "Unprofessional conduct" does not include, in accordance with [Title 26, Chapter
7925     61a, Utah Medical Cannabis Act] Title 26B, Chapter 4, Part 2, Cannabinoid Research and

7926     Medical Cannabis, when registered as a qualified medical provider or acting as a limited
7927     medical provider, as those terms are defined in Section [26-61a-102] 26B-4-201,
7928     recommending the use of medical cannabis within the scope of a practice of podiatry.
7929          Section 125. Section 58-5a-103 is amended to read:
7930          58-5a-103. Scope of practice.
7931          (1) Subject to the provisions of this section, an individual licensed as a podiatric
7932     physician under this chapter may perform a surgical procedure on a bone of the foot or ankle.
7933          (2) Except as provided in Subsections (3) and (4), an individual licensed as a podiatric
7934     physician under this chapter may not perform:
7935          (a) an ankle fusion;
7936          (b) a massive ankle reconstruction; or
7937          (c) a reduction of a trimalleolar ankle fracture.
7938          (3) An individual licensed as a podiatric physician under this chapter who meets the
7939     requirements described in Subsection (4) may only:
7940          (a) treat a fracture of the tibia if at least one portion of the fracture line enters the ankle
7941     joint;
7942          (b) treat a foot or ankle condition using hardware, including screws, plates, staples,
7943     pins, and wires, if at least one portion of the hardware system is attached to a bony structure at
7944     or below the ankle mortise; and
7945          (c) place hardware for the treatment of soft tissues in the foot or ankle no more
7946     proximal than the distal 10 centimeters of the tibia.
7947          (4) Subject to Subsection (3), an individual licensed as a podiatric physician under this
7948     chapter may only perform a procedure described in Subsection (2) if the individual:
7949          (a) (i) graduated on or after June 1, 2006, from a three-year residency program in
7950     podiatric medicine and surgery that was accredited, at the time of graduation, by the Council on
7951     Podiatric Medical Education; and
7952          (ii) is board certified in reconstructive rearfoot and ankle surgery by the American
7953     Board of Foot and Ankle Surgery;

7954          (b) (i) graduated on or after June 1, 2006, from a three-year residency program in
7955     podiatric medicine and surgery that was accredited, at the time of graduation, by the Council on
7956     Podiatric Medical Education;
7957          (ii) is board qualified in reconstructive rearfoot ankle surgery by the American Board
7958     of Foot and Ankle Surgery; and
7959          (iii) provides the division documentation that the podiatric physician has completed
7960     training or experience, which the division determines is acceptable, in standard or advanced
7961     rearfoot and ankle procedures; or
7962          (c) (i) graduated before June 1, 2006, from a residency program in podiatric medicine
7963     and surgery that was at least two years in length and that was accredited, at the time of
7964     graduation, by the Council on Podiatric Medical Education;
7965          (ii) (A) is board certified in reconstructive rearfoot ankle surgery by the American
7966     Board of Foot and Ankle Surgery;
7967          (B) if the residency described in Subsection (4)(c)(i) is a PSR-24 24-month podiatric
7968     surgical residency, provides proof that the individual completed the residency, to a hospital that
7969     is accredited by the Joint Commission, and meets the hospital's credentialing criteria for foot
7970     and ankle surgery; or
7971          (C) in addition to the residency described in Subsection (4)(c)(i), has completed a
7972     fellowship in foot and ankle surgery that was accredited by the Council on Podiatric Medical
7973     Education at the time of completion; and
7974          (iii) provides the division documentation that the podiatric physician has completed
7975     training and experience, which the division determines is acceptable, in standard or advanced
7976     rearfoot and ankle procedures.
7977          (5) An individual licensed as a podiatric physician under this chapter may not perform
7978     an amputation proximal to Chopart's joint.
7979          (6) An individual licensed as a podiatric physician under this chapter may not perform
7980     a surgical treatment on an ankle, on a governing structure of the foot or ankle above the ankle,
7981     or on a structure related to the foot or ankle above the ankle, unless the individual performs the

7982     surgical treatment:
7983          (a) in an ambulatory surgical facility, a general acute hospital, or a specialty hospital, as
7984     defined in Section [26-21-2] 26B-2-201; and
7985          (b) subject to review by a quality care review body that includes qualified, licensed
7986     physicians and surgeons.
7987          Section 126. Section 58-9-610 is amended to read:
7988          58-9-610. Cremation procedures.
7989          (1) A funeral service establishment may not cremate human remains until the funeral
7990     service establishment:
7991          (a) completes and files a death certificate with the office of vital statistics and the
7992     county health department as indicated on the regular medical certificate of death or the
7993     coroner's certificate; and
7994          (b) complies with the provisions of Section [26-4-29] 26B-8-230.
7995          (2) (a) A funeral service establishment may not cremate human remains with a
7996     pacemaker or other battery-powered, potentially hazardous implant in place.
7997          (b) (i) An authorizing agent for the cremation of human remains is responsible for
7998     informing the funeral service establishment in writing on the cremation authorization form
7999     about the presence of a pacemaker or other battery-powered, potentially hazardous implant in
8000     the human remains to be cremated.
8001          (ii) (A) Except as provided in Subsection (2)(b)(ii)(B), the authorizing agent is
8002     responsible to ensure that a pacemaker or other battery-powered, potentially hazardous implant
8003     is removed prior to cremation.
8004          (B) If the authorizing agent informs the funeral service establishment of the presence of
8005     a pacemaker or other battery-powered, potentially hazardous implant under Subsection
8006     (2)(b)(i), and the funeral service establishment fails to have the pacemaker or other
8007     battery-powered, potentially hazardous implant removed prior to cremation, then the funeral
8008     service establishment is liable for all resulting damages.
8009          (3) Only authorized persons are permitted in the crematory while human remains are in

8010     the crematory area awaiting cremation, being cremated, or being removed from the cremation
8011     chamber.
8012          (4) (a) Simultaneous cremation of the human remains of more than one person within
8013     the same cremation chamber or processor is not allowed, unless the funeral service
8014     establishment has received specific written authorization to do so from the authorizing agent of
8015     each person to be cremated.
8016          (b) The written authorization, described in Subsection (4)(a), exempts the funeral
8017     license establishment from liability for co-mingling of the cremated remains during the
8018     cremation process.
8019          (5) A funeral service establishment shall:
8020          (a) verify the identification of human remains as indicated on a cremation container
8021     immediately before placing the human remains in the cremation chamber;
8022          (b) attach a metal identification tag to the cremation container;
8023          (c) remove the identification tag from the cremation container; and
8024          (d) place the identification tag near the cremation chamber control where the
8025     identification tag shall remain until the cremation process is complete.
8026          (6) Upon completion of a cremation, the funeral service establishment shall:
8027          (a) in so far as is possible, remove all of the recoverable residue of the cremation
8028     process from the cremation chamber;
8029          (b) separate all other residue from the cremation process from remaining bone
8030     fragments, in so far as possible, and process the bone fragments so as to reduce them to
8031     unidentifiable particles; and
8032          (c) remove anything other than the unidentifiable bone particles from the cremated
8033     residuals, as far as is possible, and dispose of that material.
8034          (7) (a) A funeral service establishment shall pack cremated remains, including the
8035     identification tag described in Subsection (5), in a temporary container or urn ordered by the
8036     authorizing agent.
8037          (b) The container or urn shall be packed in clean packing materials and not be

8038     contaminated with any other object, unless otherwise directed by the authorizing agent.
8039          (c) If the cremated remains cannot fit within the designated temporary container or urn,
8040     the funeral service establishment shall:
8041          (i) return the excess to the authorizing agent or the agent's representative in a separate
8042     container; and
8043          (ii) mark both containers or urns on the outside with the name of the deceased person
8044     and an indication that the cremated remains of the named decedent are in both containers or
8045     urns.
8046          (8) (a) If the cremated remains are to be shipped, then the funeral services
8047     establishment shall pack the designated temporary container or urn in a suitable, sturdy
8048     container.
8049          (b) The funeral service establishment shall have the remains shipped only by a method
8050     that:
8051          (i) has an available internal tracing system; and
8052          (ii) provides a receipt signed by the person accepting delivery.
8053          Section 127. Section 58-9-616 is amended to read:
8054          58-9-616. Procedure for alkaline hydrolysis.
8055          (1) A funeral service establishment may not perform alkaline hydrolysis on human
8056     remains until the funeral service establishment:
8057          (a) completes and files a death certificate with the Office of Vital Records and
8058     Statistics and the county health department as indicated on the regular medical certificate of
8059     death or the coroner's certificate; and
8060          (b) complies with the provisions of Section [26-4-29] 26B-8-230.
8061          (2) While human remains are in the area where alkaline hydrolysis takes place, both
8062     before and during the alkaline hydrolysis process and while being removed from the alkaline
8063     hydrolysis chamber, only authorized persons are permitted in the area.
8064          (3) Simultaneous alkaline hydrolysis of the human remains of more than one person
8065     within the same alkaline hydrolysis chamber is not allowed.

8066          (4) A funeral service establishment shall:
8067          (a) verify the identification of human remains as indicated on an alkaline hydrolysis
8068     container immediately before performing alkaline hydrolysis;
8069          (b) attach an identification tag to the alkaline hydrolysis container;
8070          (c) remove the identification tag from the alkaline hydrolysis container; and
8071          (d) place the identification tag near the alkaline hydrolysis chamber where the
8072     identification tag shall remain until the alkaline hydrolysis process is complete.
8073          (5) Upon completion of the alkaline hydrolysis process, the funeral service
8074     establishment shall:
8075          (a) dispose of liquid remains in accordance with state and local requirements;
8076          (b) to the extent possible, remove all of the recoverable residue of the remains of the
8077     alkaline hydrolysis process from the alkaline hydrolysis chamber;
8078          (c) separate all other residue from the alkaline hydrolysis process from remaining bone
8079     fragments, to the extent possible, and process the bone fragments so as to reduce them to
8080     unidentifiable particles; and
8081          (d) remove anything other than the unidentifiable bone particles from the remains of
8082     the alkaline hydrolysis process, to the extent possible, and dispose of that material.
8083          (6) (a) A funeral service establishment shall pack the remains of the alkaline hydrolysis
8084     process, which consist of the unidentifiable bone particles and the identification tag described
8085     in Subsection (4), in an urn or temporary container ordered by the authorizing agent.
8086          (b) The urn or temporary container shall be packed in clean packing materials and not
8087     be contaminated with any other object, unless otherwise directed by the authorizing agent.
8088          (c) If the remains of the alkaline hydrolysis process cannot fit within the designated urn
8089     or temporary container, the funeral service establishment shall:
8090          (i) return the excess remains to the authorizing agent or the agent's representative in a
8091     separate urn or temporary container; and
8092          (ii) mark both urns or temporary containers on the outside with the name of the
8093     decedent and an indication that the remains of the named decedent are in both urns or

8094     temporary containers.
8095          (7) (a) If the remains are to be shipped, the funeral service establishment shall pack the
8096     designated temporary container or urn in a suitable, sturdy container.
8097          (b) The funeral service establishment shall have the remains shipped only by a method
8098     that:
8099          (i) has an available tracking system; and
8100          (ii) provides a receipt signed by the person accepting delivery.
8101          Section 128. Section 58-11a-501 is amended to read:
8102          58-11a-501. Unprofessional conduct.
8103          Unprofessional conduct includes:
8104          (1) failing as a licensed school to obtain or maintain accreditation as required by rule;
8105          (2) failing as a licensed school to comply with the standards of accreditation applicable
8106     to such schools;
8107          (3) failing as a licensed school to provide adequate instruction to enrolled students;
8108          (4) failing as an apprentice supervisor to provide direct supervision to the apprentice;
8109          (5) failing as an instructor to provide direct supervision to students who are providing
8110     services to an individual under the instructor's supervision;
8111          (6) failing as an apprentice supervisor to comply with division rules relating to
8112     apprenticeship programs under this chapter;
8113          (7) keeping a salon or school, its furnishing, tools, utensils, linen, or appliances in an
8114     unsanitary condition;
8115          (8) failing to comply with [Title 26, Utah Health Code] Title 26B, Utah Health and
8116     Human Services Code;
8117          (9) failing to display licenses or certificates as required under Section 58-11a-305;
8118          (10) failing to comply with physical facility requirements established by rule;
8119          (11) failing to maintain mechanical or electrical equipment in safe operating condition;
8120          (12) failing to adequately monitor patrons using steam rooms, dry heat rooms, baths,
8121     showers, or saunas;

8122          (13) prescribing or administering prescription drugs;
8123          (14) failing to comply with all applicable state and local health or sanitation laws;
8124          (15) engaging in any act or practice in a professional capacity that is outside the
8125     applicable scope of practice;
8126          (16) engaging in any act or practice in a professional capacity which the licensee is not
8127     competent to perform through education or training;
8128          (17) in connection with the use of a chemical exfoliant, unless under the supervision of
8129     a licensed health care practitioner acting within the scope of his or her license:
8130          (a) using any acid, concentration of an acid, or combination of treatments which
8131     violates the standards established by rule;
8132          (b) removing any layer of skin deeper than the stratum corneum of the epidermis; or
8133          (c) using an exfoliant that contains phenol, TCA acid of over 15%, or BCA acid;
8134          (18) in connection with the sanding of the skin, unless under the supervision of a
8135     licensed health care practitioner acting within the scope of his or her license, removing any
8136     layer of skin deeper than the stratum corneum of the epidermis;
8137          (19) using as a barber, cosmetologist/barber, or nail technician any laser procedure or
8138     intense, pulsed light source, except that nothing in this chapter precludes an individual licensed
8139     under this chapter from using a nonprescriptive laser device; or
8140          (20) failing to comply with a judgment order from a court of competent jurisdiction
8141     resulting from the failure to pay outstanding tuition or education costs incurred to comply with
8142     this chapter.
8143          Section 129. Section 58-13-2 is amended to read:
8144          58-13-2. Emergency care rendered by licensee.
8145          (1) A person licensed under Title 58, Occupations and Professions, to practice as any
8146     of the following health care professionals, who is under no legal duty to respond, and who in
8147     good faith renders emergency care at the scene of an emergency gratuitously and in good faith,
8148     is not liable for any civil damages as a result of any acts or omissions by the person in
8149     rendering the emergency care:

8150          (a) osteopathic physician;
8151          (b) physician and surgeon;
8152          (c) naturopathic physician;
8153          (d) dentist or dental hygienist;
8154          (e) chiropractic physician;
8155          (f) physician assistant;
8156          (g) optometrist;
8157          (h) nurse licensed under Section 58-31b-301 or 58-31d-102;
8158          (i) podiatrist;
8159          (j) certified nurse midwife;
8160          (k) respiratory care practitioner;
8161          (l) pharmacist, pharmacy technician, and pharmacy intern;
8162          (m) direct-entry midwife licensed under Section 58-77-301;
8163          (n) veterinarian; or
8164          (o) acupuncturist licensed under Chapter 72, Acupuncture Licensing Act.
8165          (2) This Subsection (2) applies to a health care professional:
8166          (a) (i) described in Subsection (1); and
8167          (ii) who is under no legal duty to respond to the circumstances described in Subsection
8168     (3);
8169          (b) who is:
8170          (i) (A) activated as a member of a medical reserve corps as described in Section
8171     26A-1-126 during the time of an emergency or declaration for public health related activities as
8172     provided in Subsection 26A-1-126(2); or
8173          (B) participating in training to prepare the medical reserve corps to respond to a
8174     declaration of an emergency or request for public health related activities pursuant to
8175     Subsection 26A-1-126(2);
8176          (ii) acting within the scope of:
8177          (A) the health care professional's license; or

8178          (B) practice as modified under Subsection 58-1-307(4) or Section 26A-1-126; and
8179          (iii) acting in good faith without compensation or remuneration as defined in
8180     Subsection 58-13-3(2); or
8181          (c) who is acting as a volunteer health practitioner under [Title 26, Chapter 49,
8182     Uniform Emergency Volunteer Health Practitioners Act] Title 26B, Chapter 4, Part 8, Uniform
8183     Emergency Volunteer Health Practitioners Act.
8184          (3) A health care professional described in Subsection (2) is not liable for any civil
8185     damages as a result of any acts or omissions by the health care professional in rendering care as
8186     a result of:
8187          (a) implementation of measures to control the causes of epidemic and communicable
8188     diseases and other conditions significantly affecting the public health or necessary to protect
8189     the public health as set out in Title 26A, Chapter 1, Local Health Departments;
8190          (b) investigating and controlling suspected bioterrorism and disease as set out in [Title
8191     26, Chapter 23b, Detection of Public Health Emergencies Act] Title 26B, Chapter 7, Part 4,
8192     Treatment, Isolation, and Quarantine Procedures for Communicable Diseases; and
8193          (c) responding to a national, state, or local emergency, a public health emergency as
8194     defined in Section [26-23b-102] 26B-7-301, or a declaration by the President of the United
8195     States or other federal official requesting public health-related activities.
8196          (4) The immunity in Subsection (3) is in addition to any immunity or protection in state
8197     or federal law that may apply.
8198          (5) For purposes of Subsection (2)(b)(iii) remuneration does not include:
8199          (a) food supplied to the volunteer;
8200          (b) clothing supplied to the volunteer to help identify the volunteer during the time of
8201     the emergency; or
8202          (c) other similar support for the volunteer.
8203          Section 130. Section 58-13-2.6 is amended to read:
8204          58-13-2.6. Emergency care rendered by a person or health care facility.
8205          (1) For purposes of this section:

8206          (a) "Emergency" means an unexpected occurrence involving injury, the threat of injury,
8207     or illness to a person or the public due to:
8208          (i) a natural disaster;
8209          (ii) bioterrorism;
8210          (iii) an act of terrorism;
8211          (iv) a pandemic; or
8212          (v) other event of similar nature.
8213          (b) "Emergency care" includes actual assistance or advice offered to avoid, mitigate, or
8214     attempt to mitigate the effects of an emergency.
8215          (c) "Person" [is] means the same as that term is defined in Subsection [26-21-2(18)]
8216     26B-2-201(18).
8217          (2) (a) A person who, in good faith, assists governmental agencies or political
8218     subdivisions with the activities described in Subsection (2)(b) is not liable for civil damages or
8219     penalties as a result of any act or omission unless the person rendering the assistance:
8220          (i) is grossly negligent;
8221          (ii) caused the emergency; or
8222          (iii) has engaged in criminal conduct.
8223          (b) The following activities are protected from liability in accordance with Subsection
8224     (2)(a):
8225          (i) implementing measures to control the causes of epidemic, pandemic, communicable
8226     diseases, or other conditions significantly affecting public health, as necessary to protect the
8227     public health in accordance with Title 26A, Chapter 1, Local Health Departments;
8228          (ii) investigating, controlling, and treating suspected bioterrorism or disease in
8229     accordance with [Title 26, Chapter 23b, Detection of Public Health Emergencies Act] Title
8230     26B, Chapter 7, Part 4, Treatment, Isolation, and Quarantine Procedures for Communicable
8231     Diseases;
8232          (iii) responding to:
8233          (A) a national, state, or local emergency;

8234          (B) a public health emergency as defined in Section [26-23b-102] 26B-7-301; or
8235          (C) a declaration by the President of the United States or other federal official
8236     requesting public health related activities; and
8237          (iv) providing a facility for use by a governmental agency or political subdivision to
8238     distribute pharmaceuticals or administer vaccines to the public.
8239          (c) Subsection (2)(a) applies to a person even if that person has:
8240          (i) a duty to respond; or
8241          (ii) an expectation of payment or remuneration.
8242          (3) The immunity in Subsection (2) is in addition to any immunity protections that may
8243     apply in state or federal law.
8244          Section 131. Section 58-13-3 is amended to read:
8245          58-13-3. Qualified immunity -- Health professionals -- Charity care.
8246          (1) (a) (i) The Legislature finds many residents of this state do not receive medical care
8247     and preventive health care because they lack health insurance or because of financial
8248     difficulties or cost.
8249          (ii) The Legislature also finds that many physicians, charity health care facilities, and
8250     other health care professionals in this state would be willing to volunteer medical and allied
8251     services without compensation if they were not subject to the high exposure of liability
8252     connected with providing these services.
8253          (b) The Legislature therefore declares that its intention in enacting this section is to
8254     encourage the provision of uncompensated volunteer charity health care in exchange for a
8255     limitation on liability for the health care facilities and health care professionals who provide
8256     those volunteer services.
8257          (2) As used in this section:
8258          (a) "Continuing education requirement" means the requirement for hours of continuing
8259     education, established by the division, with which a health care professional must comply to
8260     renew the health care professional's license under the applicable chapter described in
8261     Subsection (2)(c).

8262          (b) "Health care facility" means any clinic or hospital, church, or organization whose
8263     primary purpose is to sponsor, promote, or organize uncompensated health care services for
8264     people unable to pay for health care services.
8265          (c) "Health care professional" means a person licensed under:
8266          (i) Chapter 5a, Podiatric Physician Licensing Act;
8267          (ii) Chapter 16a, Utah Optometry Practice Act;
8268          (iii) Chapter 17b, Pharmacy Practice Act;
8269          (iv) Chapter 24b, Physical Therapy Practice Act;
8270          (v) Chapter 31b, Nurse Practice Act;
8271          (vi) Chapter 40, Recreational Therapy Practice Act;
8272          (vii) Chapter 41, Speech-Language Pathology and Audiology Licensing Act;
8273          (viii) Chapter 42a, Occupational Therapy Practice Act;
8274          (ix) Chapter 44a, Nurse Midwife Practice Act;
8275          (x) Chapter 49, Dietitian Certification Act;
8276          (xi) Chapter 60, Mental Health Professional Practice Act;
8277          (xii) Chapter 67, Utah Medical Practice Act;
8278          (xiii) Chapter 68, Utah Osteopathic Medical Practice Act;
8279          (xiv) Chapter 69, Dentist and Dental Hygienist Practice Act;
8280          (xv) Chapter 70a, Utah Physician Assistant Act;
8281          (xvi) Chapter 71, Naturopathic Physician Practice Act;
8282          (xvii) Chapter 72, Acupuncture Licensing Act; and
8283          (xviii) Chapter 73, Chiropractic Physician Practice Act.
8284          (d) "Remuneration or compensation":
8285          (i) (A) means direct or indirect receipt of any payment by a health care professional or
8286     health care facility on behalf of the patient, including payment or reimbursement under
8287     Medicare or Medicaid, or under the state program for the medically indigent on behalf of the
8288     patient; and
8289          (B) compensation, salary, or reimbursement to the health care professional from any

8290     source for the health care professional's services or time in volunteering to provide
8291     uncompensated health care; and
8292          (ii) does not mean:
8293          (A) any grant or donation to the health care facility used to offset direct costs
8294     associated with providing the uncompensated health care such as:
8295          (I) medical supplies;
8296          (II) drugs; or
8297          (III) a charitable donation that is restricted for charitable services at the health care
8298     facility; or
8299          (B) incidental reimbursements to the volunteer such as:
8300          (I) food supplied to the volunteer;
8301          (II) clothing supplied to the volunteer to help identify the volunteer during the time of
8302     volunteer services;
8303          (III) mileage reimbursement to the volunteer; or
8304          (IV) other similar support to the volunteer.
8305          (3) A health care professional who provides health care treatment at or on behalf of a
8306     health care facility is not liable in a medical malpractice action if:
8307          (a) the treatment was within the scope of the health care professional's license under
8308     this title;
8309          (b) neither the health care professional nor the health care facility received
8310     compensation or remuneration for the treatment;
8311          (c) the acts or omissions of the health care professional were not grossly negligent or
8312     willful and wanton; and
8313          (d) prior to rendering services:
8314          (i) the health care professional disclosed in writing to the patient, or if a minor, to the
8315     patient's parent or legal guardian, that the health care professional is providing the services
8316     without receiving remuneration or compensation; and
8317          (ii) the patient consented in writing to waive any right to sue for professional

8318     negligence except for acts or omissions which are grossly negligent or are willful and wanton.
8319          (4) A health care facility which sponsors, promotes, or organizes the uncompensated
8320     care is not liable in a medical malpractice action for acts and omissions if:
8321          (a) the health care facility meets the requirements in Subsection (3)(b);
8322          (b) the acts and omissions of the health care facility were not grossly negligent or
8323     willful and wanton; and
8324          (c) the health care facility has posted, in a conspicuous place, a notice that in
8325     accordance with this section the health care facility is not liable for any civil damages for acts
8326     or omissions except for those acts or omissions that are grossly negligent or are willful and
8327     wanton.
8328          (5) A health care professional who provides health care treatment at a federally
8329     qualified health center, as defined in Subsection 1905(1)(2)(b) of the Social Security Act, or an
8330     Indian health clinic or Urban Indian Health Center, as defined in Title V of the Indian Health
8331     Care Improvement Act, is not liable in a medical malpractice action if:
8332          (a) the treatment was within the scope of the health care professional's license under
8333     this title;
8334          (b) the health care professional:
8335          (i) does not receive compensation or remuneration for treatment provided to any
8336     patient that the provider treats at the federally qualified health center, the Indian health clinic,
8337     or the Urban Indian Health Center; and
8338          (ii) is not eligible to be included in coverage under the Federal Tort Claims Act for the
8339     treatment provided at the federally qualified health center, the Indian health clinic, or the Urban
8340     Indian Health Center;
8341          (c) the acts or omissions of the health care professional were not grossly negligent or
8342     willful and wanton; and
8343          (d) prior to rendering services:
8344          (i) the health care professional disclosed in writing to the patient, or if a minor, to the
8345     patient's parent or legal guardian, that the health care professional is providing the services

8346     without receiving remuneration or compensation; and
8347          (ii) the patient consented in writing to waive any right to sue for professional
8348     negligence except for acts or omissions that are grossly negligent or are willful and wanton.
8349          (6) Immunity from liability under this section does not extend to the use of general
8350     anesthesia or care that requires an overnight stay in a general acute or specialty hospital
8351     licensed under [Title 26, Chapter 21, Health Care Facility Licensing and Inspection Act] Title
8352     26B, Chapter 2, Part 2, Health Care Facility Licensing and Inspection.
8353          (7) The provisions of Subsection (5) apply to treatment provided by a healthcare
8354     professional on or after May 13, 2014.
8355          (8) A health care professional:
8356          (a) may, in accordance with Subsection (8)(b), fulfill up to 15% of the health care
8357     professional's continuing education requirement with hours the health care professional spends
8358     providing health care treatment described in Subsection (3) or (5); and
8359          (b) subject to Subsection (8)(a), earns one hour of the health care professional's
8360     continuing education requirement for every four documented hours of volunteer health care
8361     treatment.
8362          Section 132. Section 58-13-5 is amended to read:
8363          58-13-5. Information relating to adequacy and quality of medical care --
8364     Immunity from liability.
8365          (1) As used in this section, "health care provider" has the same meaning as defined in
8366     Section 78B-3-403.
8367          (2) (a) The division, and the boards within the division that act regarding the health
8368     care providers defined in this section, shall adopt rules to establish procedures to obtain
8369     information concerning the quality and adequacy of health care rendered to patients by those
8370     health care providers.
8371          (b) It is the duty of an individual licensed under Title 58, Occupations and Professions,
8372     as a health care provider to furnish information known to him with respect to health care
8373     rendered to patients by any health care provider licensed under Title 58, Occupations and

8374     Professions, as the division or a board may request during the course of the performance of its
8375     duties.
8376          (3) A health care facility as defined in Section [26-21-2] 26B-2-201 which employs,
8377     grants privileges to, or otherwise permits a licensed health care provider to engage in licensed
8378     practice within the health care facility, and any professional society of licensed health care
8379     providers, shall report any of the following events in writing to the division within 60 days
8380     after the event occurs regarding the licensed health care provider:
8381          (a) terminating employment of an employee for cause related to the employee's practice
8382     as a licensed health care provider;
8383          (b) terminating or restricting privileges for cause to engage in any act or practice
8384     related to practice as a licensed health care provider;
8385          (c) terminating, suspending, or restricting membership or privileges associated with
8386     membership in a professional association for acts of unprofessional, unlawful, incompetent, or
8387     negligent conduct related to practice as a licensed health care provider;
8388          (d) subjecting a licensed health care provider to disciplinary action for a period of more
8389     than 30 days;
8390          (e) a finding that a licensed health care provider has violated professional standards or
8391     ethics;
8392          (f) a finding of incompetence in practice as a licensed health care provider;
8393          (g) a finding of acts of moral turpitude by a licensed health care provider; or
8394          (h) a finding that a licensed health care provider is engaged in abuse of alcohol or
8395     drugs.
8396          (4) This section does not prohibit any action by a health care facility, or professional
8397     society comprised primarily of licensed health care providers to suspend, restrict, or revoke the
8398     employment, privileges, or membership of a health care provider.
8399          (5) The data and information obtained in accordance with this section is classified as a
8400     "protected" record under Title 63G, Chapter 2, Government Records Access and Management
8401     Act.

8402          (6) (a) Any person or organization furnishing information in accordance with this
8403     section in response to the request of the division or a board, or voluntarily, is immune from
8404     liability with respect to information provided in good faith and without malice, which good
8405     faith and lack of malice is presumed to exist absent clear and convincing evidence to the
8406     contrary.
8407          (b) The members of the board are immune from liability for any decisions made or
8408     actions taken in response to information acquired by the board if those decisions or actions are
8409     made in good faith and without malice, which good faith and lack of malice is presumed to
8410     exist absent clear and convincing evidence to the contrary.
8411          (7) An individual who is a member of a hospital administration, board, committee,
8412     department, medical staff, or professional organization of health care providers, and any
8413     hospital, other health care entity, or professional organization conducting or sponsoring the
8414     review, is immune from liability arising from participation in a review of a health care
8415     provider's professional ethics, medical competence, moral turpitude, or substance abuse.
8416          (8) This section does not exempt a person licensed under Title 58, Occupations and
8417     Professions, from complying with any reporting requirements established under state or federal
8418     law.
8419          Section 133. Section 58-15-303 is amended to read:
8420          58-15-303. Exemptions to chapter.
8421          (1) In addition to the exemptions described in Section 58-1-307, this chapter does not
8422     apply to:
8423          (a) a facility of a recognized church or denomination that cares for the sick and
8424     suffering by mental or spiritual means if no drug or material remedy is used in the care
8425     provided; or
8426          (b) the superintendent of the Utah State Developmental Center described in Section
8427     [62A-5-201] 26B-6-502.
8428          (2) Any facility or person exempted under this section shall comply with each statute
8429     and rule on sanitation and life safety.

8430          Section 134. Section 58-17b-102 is amended to read:
8431          58-17b-102. Definitions.
8432          In addition to the definitions in Section 58-1-102, as used in this chapter:
8433          (1) "Administering" means:
8434          (a) the direct application of a prescription drug or device, whether by injection,
8435     inhalation, ingestion, or by any other means, to the body of a human patient or research subject
8436     by another person; or
8437          (b) the placement by a veterinarian with the owner or caretaker of an animal or group
8438     of animals of a prescription drug for the purpose of injection, inhalation, ingestion, or any other
8439     means directed to the body of the animal by the owner or caretaker in accordance with written
8440     or verbal directions of the veterinarian.
8441          (2) "Adulterated drug or device" means a drug or device considered adulterated under
8442     21 U.S.C. Sec. 351 (2003).
8443          (3) (a) "Analytical laboratory" means a facility in possession of prescription drugs for
8444     the purpose of analysis.
8445          (b) "Analytical laboratory" does not include a laboratory possessing prescription drugs
8446     used as standards and controls in performing drug monitoring or drug screening analysis if the
8447     prescription drugs are prediluted in a human or animal body fluid, human or animal body fluid
8448     components, organic solvents, or inorganic buffers at a concentration not exceeding one
8449     milligram per milliliter when labeled or otherwise designated as being for in vitro diagnostic
8450     use.
8451          (4) "Animal euthanasia agency" means an agency performing euthanasia on animals by
8452     the use of prescription drugs.
8453          (5) "Automated pharmacy systems" includes mechanical systems which perform
8454     operations or activities, other than compounding or administration, relative to the storage,
8455     packaging, dispensing, or distribution of medications, and which collect, control, and maintain
8456     all transaction information.
8457          (6) "Beyond use date" means the date determined by a pharmacist and placed on a

8458     prescription label at the time of dispensing that indicates to the patient or caregiver a time
8459     beyond which the contents of the prescription are not recommended to be used.
8460          (7) "Board of pharmacy" or "board" means the Utah State Board of Pharmacy created
8461     in Section 58-17b-201.
8462          (8) "Branch pharmacy" means a pharmacy or other facility in a rural or medically
8463     underserved area, used for the storage and dispensing of prescription drugs, which is dependent
8464     upon, stocked by, and supervised by a pharmacist in another licensed pharmacy designated and
8465     approved by the division as the parent pharmacy.
8466          (9) "Centralized prescription processing" means the processing by a pharmacy of a
8467     request from another pharmacy to fill or refill a prescription drug order or to perform
8468     processing functions such as dispensing, drug utilization review, claims adjudication, refill
8469     authorizations, and therapeutic interventions.
8470          (10) "Class A pharmacy" means a pharmacy located in Utah that is authorized as a
8471     retail pharmacy to compound or dispense a drug or dispense a device to the public under a
8472     prescription order.
8473          (11) "Class B pharmacy":
8474          (a) means a pharmacy located in Utah:
8475          (i) that is authorized to provide pharmaceutical care for patients in an institutional
8476     setting; and
8477          (ii) whose primary purpose is to provide a physical environment for patients to obtain
8478     health care services; and
8479          (b) (i) includes closed-door, hospital, clinic, nuclear, and branch pharmacies; and
8480          (ii) pharmaceutical administration and sterile product preparation facilities.
8481          (12) "Class C pharmacy" means a pharmacy that engages in the manufacture,
8482     production, wholesale, or distribution of drugs or devices in Utah.
8483          (13) "Class D pharmacy" means a nonresident pharmacy.
8484          (14) "Class E pharmacy" means all other pharmacies.
8485          (15) (a) "Closed-door pharmacy" means a pharmacy that:

8486          (i) provides pharmaceutical care to a defined and exclusive group of patients who have
8487     access to the services of the pharmacy because they are treated by or have an affiliation with a
8488     specific entity, including a health maintenance organization or an infusion company; or
8489          (ii) engages exclusively in the practice of telepharmacy and does not serve walk-in
8490     retail customers.
8491          (b) "Closed-door pharmacy" does not include a hospital pharmacy, a retailer of goods
8492     to the general public, or the office of a practitioner.
8493          (16) "Collaborative pharmacy practice" means a practice of pharmacy whereby one or
8494     more pharmacists have jointly agreed, on a voluntary basis, to work in conjunction with one or
8495     more practitioners under protocol whereby the pharmacist may perform certain pharmaceutical
8496     care functions authorized by the practitioner or practitioners under certain specified conditions
8497     or limitations.
8498          (17) "Collaborative pharmacy practice agreement" means a written and signed
8499     agreement between one or more pharmacists and one or more practitioners that provides for
8500     collaborative pharmacy practice for the purpose of drug therapy management of patients and
8501     prevention of disease of human subjects.
8502          (18) (a) "Compounding" means the preparation, mixing, assembling, packaging, or
8503     labeling of a limited quantity drug, sterile product, or device:
8504          (i) as the result of a practitioner's prescription order or initiative based on the
8505     practitioner, patient, or pharmacist relationship in the course of professional practice;
8506          (ii) for the purpose of, or as an incident to, research, teaching, or chemical analysis and
8507     not for sale or dispensing; or
8508          (iii) in anticipation of prescription drug orders based on routine, regularly observed
8509     prescribing patterns.
8510          (b) "Compounding" does not include:
8511          (i) the preparation of prescription drugs by a pharmacist or pharmacy intern for sale to
8512     another pharmacist or pharmaceutical facility;
8513          (ii) the preparation by a pharmacist or pharmacy intern of any prescription drug in a

8514     dosage form which is regularly and commonly available from a manufacturer in quantities and
8515     strengths prescribed by a practitioner; or
8516          (iii) the preparation of a prescription drug, sterile product, or device which has been
8517     withdrawn from the market for safety reasons.
8518          (19) "Confidential information" has the same meaning as "protected health
8519     information" under the Standards for Privacy of Individually Identifiable Health Information,
8520     45 C.F.R. Parts 160 and 164.
8521          (20) "Controlled substance" means the same as that term is defined in Section 58-37-2.
8522          (21) "Dietary supplement" has the same meaning as Public Law Title 103, Chapter
8523     417, Sec. 3a(ff) which is incorporated by reference.
8524          (22) "Dispense" means the interpretation, evaluation, and implementation of a
8525     prescription drug order or device or nonprescription drug or device under a lawful order of a
8526     practitioner in a suitable container appropriately labeled for subsequent administration to or use
8527     by a patient, research subject, or an animal.
8528          (23) "Dispensing medical practitioner" means an individual who is:
8529          (a) currently licensed as:
8530          (i) a physician and surgeon under Chapter 67, Utah Medical Practice Act;
8531          (ii) an osteopathic physician and surgeon under Chapter 68, Utah Osteopathic Medical
8532     Practice Act;
8533          (iii) a physician assistant under Chapter 70a, Utah Physician Assistant Act;
8534          (iv) a nurse practitioner under Chapter 31b, Nurse Practice Act; or
8535          (v) an optometrist under Chapter 16a, Utah Optometry Practice Act, if the optometrist
8536     is acting within the scope of practice for an optometrist; and
8537          (b) licensed by the division under the Pharmacy Practice Act to engage in the practice
8538     of a dispensing medical practitioner.
8539          (24) "Dispensing medical practitioner clinic pharmacy" means a closed-door pharmacy
8540     located within a licensed dispensing medical practitioner's place of practice.
8541          (25) "Distribute" means to deliver a drug or device other than by administering or

8542     dispensing.
8543          (26) (a) "Drug" means:
8544          (i) a substance recognized in the official United States Pharmacopoeia, official
8545     Homeopathic Pharmacopoeia of the United States, or official National Formulary, or any
8546     supplement to any of them, intended for use in the diagnosis, cure, mitigation, treatment, or
8547     prevention of disease in humans or animals;
8548          (ii) a substance that is required by any applicable federal or state law or rule to be
8549     dispensed by prescription only or is restricted to administration by practitioners only;
8550          (iii) a substance other than food intended to affect the structure or any function of the
8551     body of humans or other animals; and
8552          (iv) substances intended for use as a component of any substance specified in
8553     Subsections (26)(a)(i), (ii), (iii), and (iv).
8554          (b) "Drug" does not include dietary supplements.
8555          (27) "Drug regimen review" includes the following activities:
8556          (a) evaluation of the prescription drug order and patient record for:
8557          (i) known allergies;
8558          (ii) rational therapy-contraindications;
8559          (iii) reasonable dose and route of administration; and
8560          (iv) reasonable directions for use;
8561          (b) evaluation of the prescription drug order and patient record for duplication of
8562     therapy;
8563          (c) evaluation of the prescription drug order and patient record for the following
8564     interactions:
8565          (i) drug-drug;
8566          (ii) drug-food;
8567          (iii) drug-disease; and
8568          (iv) adverse drug reactions; and
8569          (d) evaluation of the prescription drug order and patient record for proper utilization,

8570     including over- or under-utilization, and optimum therapeutic outcomes.
8571          (28) "Drug sample" means a prescription drug packaged in small quantities consistent
8572     with limited dosage therapy of the particular drug, which is marked "sample", is not intended to
8573     be sold, and is intended to be provided to practitioners for the immediate needs of patients for
8574     trial purposes or to provide the drug to the patient until a prescription can be filled by the
8575     patient.
8576          (29) "Electronic signature" means a trusted, verifiable, and secure electronic sound,
8577     symbol, or process attached to or logically associated with a record and executed or adopted by
8578     a person with the intent to sign the record.
8579          (30) "Electronic transmission" means transmission of information in electronic form or
8580     the transmission of the exact visual image of a document by way of electronic equipment.
8581          (31) "Hospital pharmacy" means a pharmacy providing pharmaceutical care to
8582     inpatients of a general acute hospital or specialty hospital licensed by the Department of Health
8583     and Human Services under [Title 26, Chapter 21, Health Care Facility Licensing and Inspection
8584     Act] Title 26B, Chapter 2, Part 2, Health Care Facility Licensing and Inspection.
8585          (32) "Legend drug" has the same meaning as prescription drug.
8586          (33) "Licensed pharmacy technician" means an individual licensed with the division,
8587     that may, under the supervision of a pharmacist, perform the activities involved in the
8588     technician practice of pharmacy.
8589          (34) "Manufacturer" means a person or business physically located in Utah licensed to
8590     be engaged in the manufacturing of drugs or devices.
8591          (35) (a) "Manufacturing" means:
8592          (i) the production, preparation, propagation, conversion, or processing of a drug or
8593     device, either directly or indirectly, by extraction from substances of natural origin or
8594     independently by means of chemical or biological synthesis, or by a combination of extraction
8595     and chemical synthesis, and includes any packaging or repackaging of the substance or labeling
8596     or relabeling of its container; and
8597          (ii) the promotion and marketing of such drugs or devices.

8598          (b) "Manufacturing" includes the preparation and promotion of commercially available
8599     products from bulk compounds for resale by pharmacies, practitioners, or other persons.
8600          (c) "Manufacturing" does not include the preparation or compounding of a drug by a
8601     pharmacist, pharmacy intern, or practitioner for that individual's own use or the preparation,
8602     compounding, packaging, labeling of a drug, or incident to research, teaching, or chemical
8603     analysis.
8604          (36) "Medical order" means a lawful order of a practitioner which may include a
8605     prescription drug order.
8606          (37) "Medication profile" or "profile" means a record system maintained as to drugs or
8607     devices prescribed for a pharmacy patient to enable a pharmacist or pharmacy intern to analyze
8608     the profile to provide pharmaceutical care.
8609          (38) "Misbranded drug or device" means a drug or device considered misbranded under
8610     21 U.S.C. Sec. 352 (2003).
8611          (39) (a) "Nonprescription drug" means a drug which:
8612          (i) may be sold without a prescription; and
8613          (ii) is labeled for use by the consumer in accordance with federal law.
8614          (b) "Nonprescription drug" includes homeopathic remedies.
8615          (40) "Nonresident pharmacy" means a pharmacy located outside of Utah that sells to a
8616     person in Utah.
8617          (41) "Nuclear pharmacy" means a pharmacy providing radio-pharmaceutical service.
8618          (42) "Out-of-state mail service pharmacy" means a pharmaceutical facility located
8619     outside the state that is licensed and in good standing in another state, that:
8620          (a) ships, mails, or delivers by any lawful means a dispensed legend drug to a patient in
8621     this state pursuant to a lawfully issued prescription;
8622          (b) provides information to a patient in this state on drugs or devices which may
8623     include, but is not limited to, advice relating to therapeutic values, potential hazards, and uses;
8624     or
8625          (c) counsels pharmacy patients residing in this state concerning adverse and therapeutic

8626     effects of drugs.
8627          (43) "Patient counseling" means the written and oral communication by the pharmacist
8628     or pharmacy intern of information, to the patient or caregiver, in order to ensure proper use of
8629     drugs, devices, and dietary supplements.
8630          (44) "Pharmaceutical administration facility" means a facility, agency, or institution in
8631     which:
8632          (a) prescription drugs or devices are held, stored, or are otherwise under the control of
8633     the facility or agency for administration to patients of that facility or agency;
8634          (b) prescription drugs are dispensed to the facility or agency by a licensed pharmacist
8635     or pharmacy intern with whom the facility has established a prescription drug supervising
8636     relationship under which the pharmacist or pharmacy intern provides counseling to the facility
8637     or agency staff as required, and oversees drug control, accounting, and destruction; and
8638          (c) prescription drugs are professionally administered in accordance with the order of a
8639     practitioner by an employee or agent of the facility or agency.
8640          (45) (a) "Pharmaceutical care" means carrying out the following in collaboration with a
8641     prescribing practitioner, and in accordance with division rule:
8642          (i) designing, implementing, and monitoring a therapeutic drug plan intended to
8643     achieve favorable outcomes related to a specific patient for the purpose of curing or preventing
8644     the patient's disease;
8645          (ii) eliminating or reducing a patient's symptoms; or
8646          (iii) arresting or slowing a disease process.
8647          (b) "Pharmaceutical care" does not include prescribing of drugs without consent of a
8648     prescribing practitioner.
8649          (46) "Pharmaceutical facility" means a business engaged in the dispensing, delivering,
8650     distributing, manufacturing, or wholesaling of prescription drugs or devices within or into this
8651     state.
8652          (47) (a) "Pharmaceutical wholesaler or distributor" means a pharmaceutical facility
8653     engaged in the business of wholesale vending or selling of a prescription drug or device to

8654     other than a consumer or user of the prescription drug or device that the pharmaceutical facility
8655     has not produced, manufactured, compounded, or dispensed.
8656          (b) "Pharmaceutical wholesaler or distributor" does not include a pharmaceutical
8657     facility carrying out the following business activities:
8658          (i) intracompany sales;
8659          (ii) the sale, purchase, or trade of a prescription drug or device, or an offer to sell,
8660     purchase, or trade a prescription drug or device, if the activity is carried out between one or
8661     more of the following entities under common ownership or common administrative control, as
8662     defined by division rule:
8663          (A) hospitals;
8664          (B) pharmacies;
8665          (C) chain pharmacy warehouses, as defined by division rule; or
8666          (D) other health care entities, as defined by division rule;
8667          (iii) the sale, purchase, or trade of a prescription drug or device, or an offer to sell,
8668     purchase, or trade a prescription drug or device, for emergency medical reasons, including
8669     supplying another pharmaceutical facility with a limited quantity of a drug, if:
8670          (A) the facility is unable to obtain the drug through a normal distribution channel in
8671     sufficient time to eliminate the risk of harm to a patient that would result from a delay in
8672     obtaining the drug; and
8673          (B) the quantity of the drug does not exceed an amount reasonably required for
8674     immediate dispensing to eliminate the risk of harm;
8675          (iv) the distribution of a prescription drug or device as a sample by representatives of a
8676     manufacturer; and
8677          (v) the distribution of prescription drugs, if:
8678          (A) the facility's total distribution-related sales of prescription drugs does not exceed
8679     5% of the facility's total prescription drug sales; and
8680          (B) the distribution otherwise complies with 21 C.F.R. Sec. 1307.11.
8681          (48) "Pharmacist" means an individual licensed by this state to engage in the practice

8682     of pharmacy.
8683          (49) "Pharmacist-in-charge" means a pharmacist currently licensed in good standing
8684     who accepts responsibility for the operation of a pharmacy in conformance with all laws and
8685     rules pertinent to the practice of pharmacy and the distribution of drugs, and who is personally
8686     in full and actual charge of the pharmacy and all personnel.
8687          (50) "Pharmacist preceptor" means a licensed pharmacist in good standing with one or
8688     more years of licensed experience. The preceptor serves as a teacher, example of professional
8689     conduct, and supervisor of interns in the professional practice of pharmacy.
8690          (51) "Pharmacy" means any place where:
8691          (a) drugs are dispensed;
8692          (b) pharmaceutical care is provided;
8693          (c) drugs are processed or handled for eventual use by a patient; or
8694          (d) drugs are used for the purpose of analysis or research.
8695          (52) "Pharmacy benefits manager or coordinator" means a person or entity that
8696     provides a pharmacy benefits management service as defined in Section 31A-46-102 on behalf
8697     of a self-insured employer, insurance company, health maintenance organization, or other plan
8698     sponsor, as defined by rule.
8699          (53) "Pharmacy intern" means an individual licensed by this state to engage in practice
8700     as a pharmacy intern.
8701          (54) "Pharmacy technician training program" means an approved technician training
8702     program providing education for pharmacy technicians.
8703          (55) (a) "Practice as a dispensing medical practitioner" means the practice of pharmacy,
8704     specifically relating to the dispensing of a prescription drug in accordance with Part 8,
8705     Dispensing Medical Practitioner and Dispensing Medical Practitioner Clinic Pharmacy, and
8706     division rule adopted after consultation with the Board of pharmacy and the governing boards
8707     of the practitioners described in Subsection (23)(a).
8708          (b) "Practice as a dispensing medical practitioner" does not include:
8709          (i) using a vending type of dispenser as defined by the division by administrative rule;

8710     or
8711          (ii) except as permitted by Section 58-17b-805, dispensing of a controlled substance as
8712     defined in Section 58-37-2.
8713          (56) "Practice as a licensed pharmacy technician" means engaging in practice as a
8714     pharmacy technician under the general supervision of a licensed pharmacist and in accordance
8715     with a scope of practice defined by division rule made in collaboration with the board.
8716          (57) "Practice of pharmacy" includes the following:
8717          (a) providing pharmaceutical care;
8718          (b) collaborative pharmacy practice in accordance with a collaborative pharmacy
8719     practice agreement;
8720          (c) compounding, packaging, labeling, dispensing, administering, and the coincident
8721     distribution of prescription drugs or devices, provided that the administration of a prescription
8722     drug or device is:
8723          (i) pursuant to a lawful order of a practitioner when one is required by law; and
8724          (ii) in accordance with written guidelines or protocols:
8725          (A) established by the licensed facility in which the prescription drug or device is to be
8726     administered on an inpatient basis; or
8727          (B) approved by the division, in collaboration with the board and, when appropriate,
8728     the Physicians Licensing Board, created in Section 58-67-201, if the prescription drug or device
8729     is to be administered on an outpatient basis solely by a licensed pharmacist;
8730          (d) participating in drug utilization review;
8731          (e) ensuring proper and safe storage of drugs and devices;
8732          (f) maintaining records of drugs and devices in accordance with state and federal law
8733     and the standards and ethics of the profession;
8734          (g) providing information on drugs or devices, which may include advice relating to
8735     therapeutic values, potential hazards, and uses;
8736          (h) providing drug product equivalents;
8737          (i) supervising pharmacist's supportive personnel, pharmacy interns, and pharmacy

8738     technicians;
8739          (j) providing patient counseling, including adverse and therapeutic effects of drugs;
8740          (k) providing emergency refills as defined by rule;
8741          (l) telepharmacy;
8742          (m) formulary management intervention;
8743          (n) prescribing and dispensing a self-administered hormonal contraceptive in
8744     accordance with [Title 26, Chapter 64, Family Planning Access Act] Title 26B, Chapter 4, Part
8745     5, Treatment Access; and
8746          (o) issuing a prescription in accordance with Section 58-17b-627.
8747          (58) "Practice of telepharmacy" means the practice of pharmacy through the use of
8748     telecommunications and information technologies.
8749          (59) "Practice of telepharmacy across state lines" means the practice of pharmacy
8750     through the use of telecommunications and information technologies that occurs when the
8751     patient is physically located within one jurisdiction and the pharmacist is located in another
8752     jurisdiction.
8753          (60) "Practitioner" means an individual currently licensed, registered, or otherwise
8754     authorized by the appropriate jurisdiction to prescribe and administer drugs in the course of
8755     professional practice.
8756          (61) "Prescribe" means to issue a prescription:
8757          (a) orally or in writing; or
8758          (b) by telephone, facsimile transmission, computer, or other electronic means of
8759     communication as defined by division rule.
8760          (62) "Prescription" means an order issued:
8761          (a) by a licensed practitioner in the course of that practitioner's professional practice or
8762     by collaborative pharmacy practice agreement; and
8763          (b) for a controlled substance or other prescription drug or device for use by a patient
8764     or an animal.
8765          (63) "Prescription device" means an instrument, apparatus, implement, machine,

8766     contrivance, implant, in vitro reagent, or other similar or related article, and any component
8767     part or accessory, which is required under federal or state law to be prescribed by a practitioner
8768     and dispensed by or through a person or entity licensed under this chapter or exempt from
8769     licensure under this chapter.
8770          (64) "Prescription drug" means a drug that is required by federal or state law or rule to
8771     be dispensed only by prescription or is restricted to administration only by practitioners.
8772          (65) "Repackage":
8773          (a) means changing the container, wrapper, or labeling to further the distribution of a
8774     prescription drug; and
8775          (b) does not include:
8776          (i) Subsection (65)(a) when completed by the pharmacist responsible for dispensing the
8777     product to a patient; or
8778          (ii) changing or altering a label as necessary for a dispensing practitioner under Part 8,
8779     Dispensing Medical Practitioner and Dispensing Medical Practitioner Clinic Pharmacy, for
8780     dispensing a product to a patient.
8781          (66) "Research using pharmaceuticals" means research:
8782          (a) conducted in a research facility, as defined by division rule, that is associated with a
8783     university or college in the state accredited by the Northwest Commission on Colleges and
8784     Universities;
8785          (b) requiring the use of a controlled substance, prescription drug, or prescription
8786     device;
8787          (c) that uses the controlled substance, prescription drug, or prescription device in
8788     accordance with standard research protocols and techniques, including, if required, those
8789     approved by an institutional review committee; and
8790          (d) that includes any documentation required for the conduct of the research and the
8791     handling of the controlled substance, prescription drug, or prescription device.
8792          (67) "Retail pharmacy" means a pharmaceutical facility dispensing prescription drugs
8793     and devices to the general public.

8794          (68) (a) "Self-administered hormonal contraceptive" means a self-administered
8795     hormonal contraceptive that is approved by the United States Food and Drug Administration to
8796     prevent pregnancy.
8797          (b) "Self-administered hormonal contraceptive" includes an oral hormonal
8798     contraceptive, a hormonal vaginal ring, and a hormonal contraceptive patch.
8799          (c) "Self-administered hormonal contraceptive" does not include any drug intended to
8800     induce an abortion, as that term is defined in Section 76-7-301.
8801          (69) "Self-audit" means an internal evaluation of a pharmacy to determine compliance
8802     with this chapter.
8803          (70) "Supervising pharmacist" means a pharmacist who is overseeing the operation of
8804     the pharmacy during a given day or shift.
8805          (71) "Supportive personnel" means unlicensed individuals who:
8806          (a) may assist a pharmacist, pharmacist preceptor, pharmacy intern, or licensed
8807     pharmacy technician in nonjudgmental duties not included in the definition of the practice of
8808     pharmacy, practice of a pharmacy intern, or practice of a licensed pharmacy technician, and as
8809     those duties may be further defined by division rule adopted in collaboration with the board;
8810     and
8811          (b) are supervised by a pharmacist in accordance with rules adopted by the division in
8812     collaboration with the board.
8813          (72) "Unlawful conduct" means the same as that term is defined in Sections 58-1-501
8814     and 58-17b-501.
8815          (73) "Unprofessional conduct" means the same as that term is defined in Sections
8816     58-1-501 and 58-17b-502 and may be further defined by rule.
8817          (74) "Veterinary pharmaceutical facility" means a pharmaceutical facility that
8818     dispenses drugs intended for use by animals or for sale to veterinarians for the administration
8819     for animals.
8820          Section 135. Section 58-17b-302 is amended to read:
8821          58-17b-302. License required -- License classifications for pharmacy facilities.

8822          (1) A license is required to act as a pharmacy, except:
8823          (a) as specifically exempted from licensure under Section 58-1-307;
8824          (b) for the operation of a medical cannabis pharmacy under [Title 26, Chapter 61a,
8825     Utah Medical Cannabis Act] Title 26B, Chapter 4, Part 2, Cannabinoid Research and Medical
8826     Cannabis; and
8827          (c) to operate a licensed dispensing practice under Chapter 88, Part 2, Dispensing
8828     Practice.
8829          (2) The division shall issue a pharmacy license to a facility that qualifies under this
8830     chapter in the classification of a:
8831          (a) class A pharmacy;
8832          (b) class B pharmacy;
8833          (c) class C pharmacy;
8834          (d) class D pharmacy;
8835          (e) class E pharmacy; or
8836          (f) dispensing medical practitioner clinic pharmacy.
8837          (3) (a) Each place of business shall require a separate license.
8838          (b) If multiple pharmacies exist at the same address, a separate license shall be required
8839     for each pharmacy.
8840          (4) (a) The division may further define or supplement the classifications of pharmacies.
8841          (b) The division may impose restrictions upon classifications to protect the public
8842     health, safety, and welfare.
8843          (5) Each pharmacy shall have a pharmacist-in-charge, except as otherwise provided by
8844     rule.
8845          (6) Whenever an applicable statute or rule requires or prohibits action by a pharmacy,
8846     the pharmacist-in-charge and the owner of the pharmacy shall be responsible for all activities
8847     of the pharmacy, regardless of the form of the business organization.
8848          Section 136. Section 58-17b-309 is amended to read:
8849          58-17b-309. Exemptions from licensure.

8850          In addition to the exemptions from licensure in Section 58-1-307, the following
8851     individuals may engage in the acts or practices described in this section without being licensed
8852     under this chapter:
8853          (1) a person selling or providing contact lenses in accordance with Section 58-16a-801;
8854          (2) an animal shelter that:
8855          (a) under the indirect supervision of a veterinarian, stores, handles, or administers a
8856     drug used for euthanising an animal; and
8857          (b) under the indirect supervision of a veterinarian who is under contract with the
8858     animal shelter, stores, handles, or administers a rabies vaccine;
8859          (3) an overdose outreach provider, as defined in Section [26-55-102] 26B-4-501, that
8860     obtains, stores, or furnishes an opiate antagonist in accordance with [Title 26, Chapter 55,
8861     Opiate Overdose Response Act] Title 26B, Chapter 4, Part 5, Treatment Access; and
8862          (4) a dispensing practitioner, as defined in Section 58-88-201, dispensing a drug under
8863     Chapter 88, Part 2, Dispensing Practice.
8864          Section 137. Section 58-17b-309.7 is amended to read:
8865          58-17b-309.7. Opioid treatment program.
8866          (1) As used in this section:
8867          (a) "Covered provider" means an individual who is licensed to engage in:
8868          (i) the practice of advanced practice registered nursing as defined in Section
8869     58-31b-102;
8870          (ii) the practice of registered nursing as defined in Section 58-31b-102; or
8871          (iii) practice as a physician assistant as defined in Section 58-70a-102.
8872          (b) "Opioid treatment program" means a program or practitioner that is:
8873          (i) engaged in dispensing an opiate medication assisted treatment for opioid use
8874     disorder;
8875          (ii) registered under 21 U.S.C. Sec. 823(g)(1);
8876          (iii) licensed by the Office of Licensing within the Department of Health and Human
8877     Services created in Section [62A-2-103] 26B-2-103; and

8878          (iv) certified by the federal Substance Abuse and Mental Health Services
8879     Administration in accordance with 42 C.F.R. 8.11.
8880          (2) A covered provider may dispense opiate medication assisted treatment at an opioid
8881     treatment program if the covered provider:
8882          (a) is operating under the direction of a pharmacist;
8883          (b) dispenses the opiate medication assisted treatment under the direction of a
8884     pharmacist; and
8885          (c) acts in accordance with division rule made under Subsection (3).
8886          (3) The division shall, in consultation with practitioners who work in an opioid
8887     treatment program, make rules in accordance with Title 63G, Chapter 3, Utah Administrative
8888     Rulemaking Act, to establish guidelines under which a covered provider may dispense opiate
8889     medication assisted treatment to a patient in an opioid treatment program under this section.
8890          Section 138. Section 58-17b-501 is amended to read:
8891          58-17b-501. Unlawful conduct.
8892          "Unlawful conduct" includes:
8893          (1) knowingly preventing or refusing to permit an authorized agent of the division to
8894     conduct an inspection pursuant to Section 58-17b-103;
8895          (2) failing to deliver the license, permit, or certificate to the division upon demand, if it
8896     has been revoked, suspended, or refused;
8897          (3) (a) using the title "pharmacist," "druggist," "pharmacy intern," "pharmacy
8898     technician," or a term having similar meaning, except by a person licensed as a pharmacist,
8899     pharmacy intern, or pharmacy technician; or
8900          (b) conducting or transacting business under a name that contains, as part of that name,
8901     the words "drugstore," "pharmacy," "drugs," "medicine store," "medicines," "drug shop,"
8902     "apothecary," "prescriptions," or a term having a similar meaning, or in any manner
8903     advertising, otherwise describing, or referring to the place of the conducted business or
8904     profession, unless the place is a pharmacy issued a license by the division, except an
8905     establishment selling nonprescription drugs and supplies may display signs bearing the words

8906     "packaged drugs," "drug sundries," or "nonprescription drugs," and is not considered to be a
8907     pharmacy or drugstore by reason of the display;
8908          (4) buying, selling, causing to be sold, or offering for sale, a drug or device that bears,
8909     or the package bears or originally did bear, the inscription "sample," "not for resale," "for
8910     investigational or experimental use only," or other similar words, except when a cost is
8911     incurred in the bona fide acquisition of an investigational or experimental drug;
8912          (5) using to a person's own advantages or revealing to anyone other than the division,
8913     board, and its authorized representatives, or to the courts, when relevant to a judicial or
8914     administrative proceeding under this chapter, information acquired under authority of this
8915     chapter or concerning a method of process that is a trade secret;
8916          (6) procuring or attempting to procure a drug or to have someone else procure or
8917     attempt to procure a drug:
8918          (a) by fraud, deceit, misrepresentation, or subterfuge;
8919          (b) by forgery or alteration of a prescription or a written order;
8920          (c) by concealment of a material fact;
8921          (d) by use of a false statement in a prescription, chart, order, or report; or
8922          (e) by theft;
8923          (7) filling, refilling, or advertising the filling or refilling of prescriptions for a
8924     consumer or patient residing in this state if the person is not licensed:
8925          (a) under this chapter; or
8926          (b) in the state from which he is dispensing;
8927          (8) requiring an employed pharmacist, pharmacy intern, pharmacy technician, or
8928     authorized supportive personnel to engage in conduct in violation of this chapter;
8929          (9) being in possession of a prescription drug for an unlawful purpose;
8930          (10) dispensing a prescription drug to a person who does not have a prescription from a
8931     practitioner, except as permitted under[:] Title 26B, Chapter 4, Part 5, Treatment Access;
8932          [(a) Title 26, Chapter 55, Opiate Overdose Response Act; or]
8933          [(b) Title 26, Chapter 64, Family Planning Access Act;]

8934          (11) dispensing a prescription drug to a person who the person dispensing the drug
8935     knows or should know is attempting to obtain drugs by fraud or misrepresentation;
8936          (12) selling, dispensing, distributing, or otherwise trafficking in prescription drugs
8937     when not licensed to do so or when not exempted from licensure; and
8938          (13) a person using a prescription drug or controlled substance that was not lawfully
8939     prescribed for the person by a practitioner.
8940          Section 139. Section 58-17b-502 is amended to read:
8941          58-17b-502. Unprofessional conduct.
8942          (1) "Unprofessional conduct" includes:
8943          (a) willfully deceiving or attempting to deceive the division, the board, or their agents
8944     as to any relevant matter regarding compliance under this chapter;
8945          (b) except as provided in Subsection (2):
8946          (i) paying or offering rebates to practitioners or any other health care providers, or
8947     receiving or soliciting rebates from practitioners or any other health care provider; or
8948          (ii) paying, offering, receiving, or soliciting compensation in the form of a commission,
8949     bonus, rebate, kickback, or split fee arrangement with practitioners or any other health care
8950     provider, for the purpose of obtaining referrals;
8951          (c) misbranding or adulteration of any drug or device or the sale, distribution, or
8952     dispensing of any outdated, misbranded, or adulterated drug or device;
8953          (d) engaging in the sale or purchase of drugs or devices that are samples or packages
8954     bearing the inscription "sample" or "not for resale" or similar words or phrases;
8955          (e) except as provided in Section 58-17b-503, accepting back and redistributing any
8956     unused drug, or a part of it, after it has left the premises of a pharmacy;
8957          (f) an act in violation of this chapter committed by a person for any form of
8958     compensation if the act is incidental to the person's professional activities, including the
8959     activities of a pharmacist, pharmacy intern, or pharmacy technician;
8960          (g) violating:
8961          (i) the federal Controlled Substances Act, Title II, P.L. 91-513;

8962          (ii) Title 58, Chapter 37, Utah Controlled Substances Act; or
8963          (iii) rules or regulations adopted under either act;
8964          (h) requiring or permitting pharmacy interns or technicians to engage in activities
8965     outside the scope of practice for their respective license classifications, as defined in this
8966     chapter and division rules made in collaboration with the board, or beyond their scope of
8967     training and ability;
8968          (i) administering:
8969          (i) without appropriate training, as defined by rule;
8970          (ii) without a physician's order, when one is required by law; and
8971          (iii) in conflict with a practitioner's written guidelines or written protocol for
8972     administering;
8973          (j) disclosing confidential patient information in violation of the provisions of the
8974     Health Insurance Portability and Accountability Act of 1996, Pub. L. No. 104-191, 110 Stat.
8975     1936, as amended, or other applicable law;
8976          (k) engaging in the practice of pharmacy without a licensed pharmacist designated as
8977     the pharmacist-in-charge;
8978          (l) failing to report to the division any adverse action taken by another licensing
8979     jurisdiction, government agency, law enforcement agency, or court for conduct that in
8980     substance would be considered unprofessional conduct under this section;
8981          (m) as a pharmacist or pharmacy intern, compounding a prescription drug in a dosage
8982     form which is regularly and commonly available from a manufacturer in quantities and
8983     strengths prescribed by a practitioner;
8984          (n) failing to act in accordance with [Title 26, Chapter 64, Family Planning Access
8985     Act] Title 26B, Chapter 4, Part 5, Treatment Access, when dispensing a self-administered
8986     hormonal contraceptive under a standing order;
8987          (o) violating the requirements of [Title 26, Chapter 61a, Utah Medical Cannabis Act]
8988     Title 26B, Chapter 4, Part 2, Cannabinoid Research and Medical Cannabis; or
8989          (p) falsely making an entry in, or altering, a medical record with the intent to conceal:

8990          (i) a wrongful or negligent act or omission of an individual licensed under this chapter
8991     or an individual under the direction or control of an individual licensed under this chapter; or
8992          (ii) conduct described in Subsections (1)(a) through (o) or Subsection 58-1-501(1).
8993          (2) Subsection (1)(b) does not apply to:
8994          (a) giving or receiving a price discount based on purchase volume;
8995          (b) passing along a pharmaceutical manufacturer's rebate; or
8996          (c) providing compensation for services to a veterinarian.
8997          (3) "Unprofessional conduct" does not include, in accordance with [Title 26, Chapter
8998     61a, Utah Medical Cannabis Act] Title 26B, Chapter 4, Part 2, Cannabinoid Research and
8999     Medical Cannabis:
9000          (a) when registered as a pharmacy medical provider, as that term is defined in Section
9001     [26-61a-102] 26B-4-201, providing pharmacy medical provider services in a medical cannabis
9002     pharmacy; or
9003          (b) when acting as a state central patient portal medical provider, as that term is defined
9004     in Section [26-61a-102] 26B-4-201, providing state central patient portal medical provider
9005     services.
9006          (4) Notwithstanding Subsection (3), the division, in consultation with the board and in
9007     accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, shall define
9008     unprofessional conduct for a pharmacist described in Subsections (3)(a) and (b).
9009          Section 140. Section 58-17b-503 is amended to read:
9010          58-17b-503. Exception to unprofessional conduct.
9011          (1) For purposes of this section:
9012          (a) "Licensed intermediate care facility for people with an intellectual disability" means
9013     an intermediate care facility for people with an intellectual disability that is licensed as a
9014     nursing care facility or a small health care facility under [Title 26, Chapter 21, Health Care
9015     Facility Licensing and Inspection Act] Title 26B, Chapter 2, Part 2, Health Care Facility
9016     Licensing and Inspection.
9017          (b) "Nursing care facility" means the same as that term is defined in Section [26-21-2]

9018     26B-2-201.
9019          (c) "Unit pack" means a tamper-resistant nonreusable single-dose single-drug package
9020     with identification that indicates the lot number and expiration date for the drug.
9021          (2) A pharmacist may accept and redistribute an unused drug, or part of it, after it has
9022     left the premises of the pharmacy:
9023          (a) in accordance with Part 9, Charitable Prescription Drug Recycling Act;
9024          (b) if:
9025          (i) the drug was prescribed to a patient in a nursing care facility, licensed intermediate
9026     care facility for people with an intellectual disability, or state prison facility, county jail, or state
9027     hospital;
9028          (ii) the drug was stored under the supervision of a licensed health care provider
9029     according to manufacturer recommendations;
9030          (iii) the drug is in a unit pack or in the manufacturer's sealed container;
9031          (iv) the drug was returned to the original dispensing pharmacy;
9032          (v) the drug was initially dispensed by a licensed pharmacist or licensed pharmacy
9033     intern; and
9034          (vi) accepting back and redistributing of the drug complies with federal Food and Drug
9035     Administration and Drug Enforcement Administration regulations; or
9036          (c) if:
9037          (i) the pharmacy has attempted to deliver the drug to a patient or a patient's agent via
9038     the United States Postal Service, a licensed common carrier, or supportive personnel;
9039          (ii) the drug is returned to the pharmacy by the same person or carrier that attempted to
9040     deliver the drug; and
9041          (iii) in accordance with United States Food and Drug Administration regulations and
9042     rules established by the division, a pharmacist at the pharmacy determines that the drug has not
9043     been adversely affected by the drug's attempted delivery and return.
9044          Section 141. Section 58-17b-507 is amended to read:
9045          58-17b-507. Opiate antagonist -- Immunity from liability -- Exclusion from

9046     unlawful or unprofessional conduct.
9047          (1) As used in this section:
9048          (a) "Opiate antagonist" means the same as that term is defined in Section [26-55-102]
9049     26B-4-501.
9050          (b) "Opiate-related drug overdose event" means the same as that term is defined in
9051     Section [26-55-102] 26B-4-501.
9052          (2) A person licensed under this chapter that dispenses an opiate antagonist to an
9053     individual with a prescription for an opiate antagonist, to an overdose outreach provider with a
9054     prescription for an opiate antagonist, or pursuant to a standing prescription drug order issued in
9055     accordance with Subsection [26-55-105(2)] 26B-4-510(2) is not liable for any civil damages
9056     resulting from the outcomes of the eventual administration of the opiate antagonist to an
9057     individual who another individual believes is experiencing an opiate-related drug overdose
9058     event.
9059          (3) The provisions of this section and [Title 26, Chapter 55, Opiate Overdose Response
9060     Act] Title 26B, Chapter 4, Part 5, Treatment Access, do not establish a duty or standard of care
9061     in the prescribing, dispensing, or administration of an opiate antagonist.
9062          (4) It is not unprofessional conduct or unlawful conduct for a licensee under this
9063     chapter to dispense an opiate antagonist to a person, including a person described in
9064     Subsections [26-55-107(1)(a)(i)(A)] 26B-4-512(1)(a)(i)(A) through (1)(a)(i)(F), on behalf of an
9065     individual if the person obtaining the opiate antagonist has a prescription for the opiate
9066     antagonist from a licensed prescriber or the opiate antagonist is dispensed pursuant to a
9067     standing prescription drug order issued in accordance with Subsection [26-55-105(2)]
9068     26B-4-510(2).
9069          (5) It is not unprofessional conduct or unlawful conduct for a licensee under this
9070     chapter to dispense an opiate antagonist to an overdose outreach provider if the overdose
9071     outreach provider has a prescription for the opiate antagonist from a licensed prescriber issued
9072     pursuant to Subsection [26-55-104(2)(a)(iii)] 26B-4-509(2)(a)(iii).
9073          Section 142. Section 58-17b-602 is amended to read:

9074          58-17b-602. Prescription orders -- Information required -- Alteration -- Labels --
9075     Signatures -- Dispensing in pharmacies.
9076          (1) Except as provided in Section 58-1-501.3, the minimum information that shall be
9077     included in a prescription order, and that may be defined by rule, is:
9078          (a) the prescriber's name, address, and telephone number, and, if the order is for a
9079     controlled substance, the patient's age and the prescriber's DEA number;
9080          (b) the patient's name and address or, in the case of an animal, the name of the owner
9081     and species of the animal;
9082          (c) the date of issuance;
9083          (d) the name of the medication or device prescribed and dispensing instructions, if
9084     necessary;
9085          (e) the directions, if appropriate, for the use of the prescription by the patient or animal
9086     and any refill, special labeling, or other instructions;
9087          (f) the prescriber's signature if the prescription order is written;
9088          (g) if the order is an electronically transmitted prescription order, the prescribing
9089     practitioner's electronic signature; and
9090          (h) if the order is a hard copy prescription order generated from electronic media, the
9091     prescribing practitioner's electronic or manual signature.
9092          (2) The requirement of Subsection (1)(a) does not apply to prescription orders
9093     dispensed for inpatients by hospital pharmacies if the prescriber is a current member of the
9094     hospital staff and the prescription order is on file in the patient's medical record.
9095          (3) Unless it is for a Schedule II controlled substance, a prescription order may be
9096     dispensed by a pharmacist or pharmacy intern upon an oral prescription of a practitioner only if
9097     the oral prescription is promptly reduced to writing.
9098          (4) (a) Except as provided under Subsection (4)(b), a pharmacist or pharmacy intern
9099     may not dispense or compound any prescription of a practitioner if the prescription shows
9100     evidence of alteration, erasure, or addition by any person other than the person writing the
9101     prescription.

9102          (b) A pharmacist or pharmacy intern dispensing or compounding a prescription may
9103     alter or make additions to the prescription after receiving permission of the prescriber and may
9104     make entries or additions on the prescription required by law or necessitated in the
9105     compounding and dispensing procedures.
9106          (5) (a) Each drug dispensed shall have a label securely affixed to the container
9107     indicating the following minimum information:
9108          (i) the name, address, and telephone number of the pharmacy;
9109          (ii) the serial number of the prescription as assigned by the dispensing pharmacy;
9110          (iii) the filling date of the prescription or its last dispensing date;
9111          (iv) the name of the patient, or in the case of an animal, the name of the owner and
9112     species of the animal;
9113          (v) the name of the prescriber;
9114          (vi) the directions for use and cautionary statements, if any, which are contained in the
9115     prescription order or are needed;
9116          (vii) except as provided in Subsection (7), the trade, generic, or chemical name,
9117     amount dispensed and the strength of dosage form, but if multiple ingredient products with
9118     established proprietary or nonproprietary names are prescribed, those products' names may be
9119     used; and
9120          (viii) the beyond use date.
9121          (b) The requirements described in Subsections (5)(a)(i) through (vi) do not apply to a
9122     label on the container of a drug that a health care provider administers to a patient at:
9123          (i) a pharmaceutical administration facility; or
9124          (ii) a hospital licensed under [Title 26, Chapter 21, Health Care Facility Licensing and
9125     Inspection Act] Title 26B, Chapter 2, Part 2, Health Care Facility Licensing and Inspection.
9126          (6) A hospital pharmacy that dispenses a prescription drug that is packaged in a
9127     multidose container to a hospital patient may provide the drug in the multidose container to the
9128     patient when the patient is discharged from the hospital if:
9129          (a) the pharmacy receives a discharge order for the patient; and

9130          (b) the pharmacy labels the drug with the:
9131          (i) patient's name;
9132          (ii) drug's name and strength;
9133          (iii) directions for use of the drug, if applicable; and
9134          (iv) pharmacy's name and phone number.
9135          (7) If the prescriber specifically indicates the name of the prescription product should
9136     not appear on the label, then any of the trade, generic, chemical, established proprietary, and
9137     established nonproprietary names and the strength of dosage form may not be included.
9138          (8) Prescribers are encouraged to include on prescription labels the information
9139     described in Section 58-17b-602.5 in accordance with the provisions of that section.
9140          (9) A pharmacy may only deliver a prescription drug to a patient or a patient's agent:
9141          (a) in person at the pharmacy; or
9142          (b) via the United States Postal Service, a licensed common carrier, or supportive
9143     personnel, if the pharmacy takes reasonable precautions to ensure the prescription drug is:
9144          (i) delivered to the patient or patient's agent; or
9145          (ii) returned to the pharmacy.
9146          Section 143. Section 58-17b-606 is amended to read:
9147          58-17b-606. Restrictive drug formulary prohibited.
9148          (1) As used in this section:
9149          (a) "Generic form" means a prescription drug that is available in generic form and has
9150     an A rating in the United States Pharmacopeia and Drug Index.
9151          (b) "Legend drug" has the same meaning as prescription drug.
9152          (c) "Restrictive drug formulary" means a list of legend drugs, other than drugs for
9153     cosmetic purposes, that are prohibited by the Department of Health and Human Services from
9154     dispensation, but are approved by the Federal Food and Drug Administration.
9155          (2) A practitioner may prescribe legend drugs in accordance with this chapter that, in
9156     his professional judgment and within the lawful scope of his practice, he considers appropriate
9157     for the diagnosis and treatment of his patient.

9158          (3) Except as provided in Subsection (4), the Department of Health and Human
9159     Services may not maintain a restrictive drug formulary that restricts a physician's ability to treat
9160     a patient with a legend drug that has been approved and designated as safe and effective by the
9161     Federal Food and Drug Administration, except for drugs for cosmetic purposes.
9162          (4) When a multisource legend drug is available in the generic form, the Department of
9163     Health and Human Services may only reimburse for the generic form of the drug unless the
9164     treating physician demonstrates to the Department of Health and Human Services a medical
9165     necessity for dispensing the nongeneric, brand-name legend drug.
9166          (5) The Department of Health and Human Services pharmacists may override the
9167     generic mandate provisions of Subsection (4) if a financial benefit will accrue to the state.
9168          (6) This section does not affect the state's ability to exercise the exclusion options
9169     available under the Federal Omnibus Budget Reconciliation Act of 1990.
9170          Section 144. Section 58-17b-620 is amended to read:
9171          58-17b-620. Prescriptions issued within the public health system.
9172          (1) As used in this section:
9173          (a) "Department of Health and Human Services" means the Department of Health and
9174     Human Services created in Section 26B-1-201.
9175          (b) "Health department" means either the Department of Health and Human Services or
9176     a local health department.
9177          (c) "Local health departments" mean the local health departments created in Title 26A,
9178     Chapter 1, Local Health Departments.
9179          (2) When it is necessary to treat a reportable disease or non-emergency condition that
9180     has a direct impact on public health, a health department may implement the prescription
9181     procedure described in Subsection (3) for a prescription drug that is not a controlled substance
9182     for use in:
9183          (a) a clinic; or
9184          (b) a remote or temporary off-site location, including a triage facility established in the
9185     community, that provides:

9186          (i) treatment for sexually transmitted infections;
9187          (ii) fluoride treatment;
9188          (iii) travel immunization;
9189          (iv) preventative treatment for an individual with latent tuberculosis infection;
9190          (v) preventative treatment for an individual at risk for an infectious disease that has a
9191     direct impact on public health when the treatment is indicated to prevent the spread of disease
9192     or to mitigate the seriousness of infection in the exposed individual; or
9193          (vi) other treatment as defined by the Department of Health and Human Services by
9194     rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
9195          (3) In a circumstance described in Subsection (2), an individual with prescriptive
9196     authority may write a prescription for each contact, as defined in Section [26-6-2] 26B-7-201,
9197     of a patient of the individual with prescriptive authority without a face-to-face exam, if:
9198          (a) the individual with prescriptive authority is treating the patient for a reportable
9199     disease or non-emergency condition having a direct impact on public health; and
9200          (b) the contact's condition is the same as the patient of the individual with prescriptive
9201     authority.
9202          (4) The following prescription procedure shall be carried out in accordance with the
9203     requirements of Subsection (5) and may be used only in the circumstances described under
9204     Subsections (2) and (3):
9205          (a) a physician writes and signs a prescription for a prescription drug, other than a
9206     controlled substance, without the name and address of the patient and without the date the
9207     prescription is provided to the patient; and
9208          (b) the physician authorizes a registered nurse employed by the health department to
9209     complete the prescription written under this Subsection (4) by inserting the patient's name and
9210     address, and the date the prescription is provided to the patient, in accordance with the
9211     physician's standing written orders and a written health department protocol approved by the
9212     physician and the medical director of the state Department of Health and Human Services.
9213          (5) A physician assumes responsibility for all prescriptions issued under this section in

9214     the physician's name.
9215          (6) (a) All prescription forms to be used by a physician and health department in
9216     accordance with this section shall be serially numbered according to a numbering system
9217     assigned to that health department.
9218          (b) All prescriptions issued shall contain all information required under this chapter
9219     and rules adopted under this chapter.
9220          (7) Notwithstanding Sections 58-17b-302 and 58-17b-309, a nurse who is employed by
9221     a health department and licensed under Chapter 31b, Nurse Practice Act, may dispense a drug
9222     to treat a sexually transmitted infection if the drug is:
9223          (a) a prepackaged drug as defined in Section 58-17b-802;
9224          (b) dispensed under a prescription authorized by this section;
9225          (c) provided at a location that is described in Subsection (2)(a) or (b) and operated by
9226     the health department;
9227          (d) provided in accordance with a dispensing standard that is issued by a physician who
9228     is employed by the health department; and
9229          (e) if applicable, in accordance with requirements established by the division in
9230     collaboration with the board under Subsection (8).
9231          (8) The division may make rules in collaboration with the board and in accordance
9232     with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to establish specific
9233     requirements regarding the dispensing of a drug under Subsection (7).
9234          Section 145. Coordinating S.B. 207 with H.B. 72 -- Superseding amendment.
9235          If this S.B. 207 and H.B. 72, Medical Cannabis Governance Revisions, both pass and
9236     become law, it is the intent of the Legislature that the amendments to Section 58-17b-302 in
9237     H.B. 72 supersede the amendments to Section 58-17b-302 in this bill when the Office of
9238     Legislative Research and General Counsel prepares the Utah Code database for publication on
9239     July 1, 2023.
9240          Section 146. Revisor instructions.
9241          The Legislature intends that the Office of Legislative Research and General Counsel, in

9242     preparing the Utah Code database for publication, not enroll this bill if any of the following
9243     bills do not pass:
9244          (a) S.B. 38, Health and Human Services Recodification - Administration, Licensing,
9245     and Recovery Services;
9246          (b) S.B. 39, Health and Human Services Recodification - Health Care Assistance and
9247     Data;
9248          (c) S.B. 40, Health and Human Services Recodification - Health Care Delivery and
9249     Repeals; or
9250          (d) S.B. 41, Health and Human Services Recodification - Prevention, Supports,
9251     Substance Use and Mental Health.