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9 LONG TITLE
10 Committee Note:
11 The Health and Human Services Interim Committee recommended this bill.
12 Legislative Vote: 14 voting for 0 voting against 4 absent
13 General Description:
14 This bill recodifies portions of the Utah Health Code and Utah Human Services Code.
15 Highlighted Provisions:
16 This bill:
17 ▸ recodifies provisions regarding:
18 • substance use and mental health;
19 • long term services and supports, aging, and disabilities; and
20 • public health and prevention; and
21 ▸ makes technical and corresponding changes.
22 Money Appropriated in this Bill:
23 None
24 Other Special Clauses:
25 This bill provides revisor instructions.
26 Utah Code Sections Affected:
27 AMENDS:
28 26B-5-101, as enacted by Laws of Utah 2022, Chapter 255
29 26B-6-101, as enacted by Laws of Utah 2022, Chapter 255
30 26B-7-101, as enacted by Laws of Utah 2022, Chapter 255
31 ENACTS:
32 26B-6-501, Utah Code Annotated 1953
33 26B-6-601, Utah Code Annotated 1953
34 26B-7-324, Utah Code Annotated 1953
35 RENUMBERS AND AMENDS:
36 26B-5-102, (Renumbered from 62A-15-103, as last amended by Laws of Utah 2022,
37 Chapters 187, 255, and 415)
38 26B-5-103, (Renumbered from 62A-15-104, as last amended by Laws of Utah 2022,
39 Chapter 255)
40 26B-5-104, (Renumbered from 62A-15-105, as last amended by Laws of Utah 2009,
41 Chapter 75)
42 26B-5-105, (Renumbered from 62A-15-105.2, as enacted by Laws of Utah 2012,
43 Chapter 305)
44 26B-5-106, (Renumbered from 62A-15-107, as last amended by Laws of Utah 2009,
45 Chapter 75)
46 26B-5-107, (Renumbered from 62A-15-108, as last amended by Laws of Utah 2009,
47 Chapter 75)
48 26B-5-108, (Renumbered from 62A-15-110, as last amended by Laws of Utah 2005,
49 Chapter 71)
50 26B-5-109, (Renumbered from 62A-15-113, as enacted by Laws of Utah 2017, Chapter
51 315)
52 26B-5-110, (Renumbered from 62A-15-103.1, as enacted by Laws of Utah 2019,
53 Chapter 440)
54 26B-5-111, (Renumbered from 62A-15-115, as enacted by Laws of Utah 2018, Chapter
55 414)
56 26B-5-112, (Renumbered from 62A-15-116, as last amended by Laws of Utah 2020,
57 Chapter 303)
58 26B-5-113, (Renumbered from 62A-15-117, as enacted by Laws of Utah 2019, Chapter
59 446)
60 26B-5-114, (Renumbered from 62A-15-118, as enacted by Laws of Utah 2020, Chapter
61 303)
62 26B-5-115, (Renumbered from 62A-15-119, as renumbered and amended by Laws of
63 Utah 2020, Chapter 29)
64 26B-5-116, (Renumbered from 62A-15-121, as enacted by Laws of Utah 2021, Chapter
65 277)
66 26B-5-117, (Renumbered from 62A-15-122, as enacted by Laws of Utah 2021, Chapter
67 278)
68 26B-5-118, (Renumbered from 62A-15-124, as enacted by Laws of Utah 2022, Chapter
69 149)
70 26B-5-119, (Renumbered from 62A-15-615, as renumbered and amended by Laws of
71 Utah 2002, Fifth Special Session, Chapter 8)
72 26B-5-201, (Renumbered from 62A-15-202, as last amended by Laws of Utah 2022,
73 Chapter 155)
74 26B-5-202, (Renumbered from 62A-15-203, as renumbered and amended by Laws of
75 Utah 2002, Fifth Special Session, Chapter 8)
76 26B-5-203, (Renumbered from 62A-15-204, as last amended by Laws of Utah 2022,
77 Chapter 155)
78 26B-5-204, (Renumbered from 62A-15-301, as renumbered and amended by Laws of
79 Utah 2002, Fifth Special Session, Chapter 8)
80 26B-5-205, (Renumbered from 62A-15-401, as last amended by Laws of Utah 2022,
81 Chapter 447)
82 26B-5-206, (Renumbered from 62A-15-403, as renumbered and amended by Laws of
83 Utah 2022, Chapter 211)
84 26B-5-207, (Renumbered from 62A-15-501, as last amended by Laws of Utah 2009,
85 Chapter 81)
86 26B-5-208, (Renumbered from 62A-15-502, as last amended by Laws of Utah 2005,
87 Chapter 2)
88 26B-5-209, (Renumbered from 62A-15-503, as last amended by Laws of Utah 2020,
89 Chapter 230)
90 26B-5-210, (Renumbered from 62A-15-504, as renumbered and amended by Laws of
91 Utah 2002, Fifth Special Session, Chapter 8)
92 26B-5-301, (Renumbered from 62A-15-602, as last amended by Laws of Utah 2022,
93 Chapters 187 and 374)
94 26B-5-302, (Renumbered from 62A-15-601, as renumbered and amended by Laws of
95 Utah 2002, Fifth Special Session, Chapter 8)
96 26B-5-303, (Renumbered from 62A-15-603, as last amended by Laws of Utah 2018,
97 Chapter 322)
98 26B-5-304, (Renumbered from 62A-15-613, as last amended by Laws of Utah 2021,
99 Chapter 344)
100 26B-5-305, (Renumbered from 62A-15-614, as renumbered and amended by Laws of
101 Utah 2002, Fifth Special Session, Chapter 8)
102 26B-5-306, (Renumbered from 62A-15-610, as last amended by Laws of Utah 2011,
103 Chapter 366)
104 26B-5-307, (Renumbered from 62A-15-644, as last amended by Laws of Utah 2011,
105 Chapter 366)
106 26B-5-308, (Renumbered from 62A-15-639, as renumbered and amended by Laws of
107 Utah 2002, Fifth Special Session, Chapter 8)
108 26B-5-309, (Renumbered from 62A-15-640, as renumbered and amended by Laws of
109 Utah 2002, Fifth Special Session, Chapter 8)
110 26B-5-310, (Renumbered from 62A-15-641, as last amended by Laws of Utah 2017,
111 Chapter 408)
112 26B-5-311, (Renumbered from 62A-15-642, as renumbered and amended by Laws of
113 Utah 2002, Fifth Special Session, Chapter 8)
114 26B-5-312, (Renumbered from 62A-15-643, as renumbered and amended by Laws of
115 Utah 2002, Fifth Special Session, Chapter 8)
116 26B-5-313, (Renumbered from 62A-15-1002, as renumbered and amended by Laws of
117 Utah 2002, Fifth Special Session, Chapter 8)
118 26B-5-314, (Renumbered from 62A-15-1003, as renumbered and amended by Laws of
119 Utah 2002, Fifth Special Session, Chapter 8)
120 26B-5-315, (Renumbered from 62A-15-1004, as renumbered and amended by Laws of
121 Utah 2002, Fifth Special Session, Chapter 8)
122 26B-5-316, (Renumbered from 62A-15-607, as last amended by Laws of Utah 2008,
123 Chapter 3)
124 26B-5-317, (Renumbered from 62A-15-617, as renumbered and amended by Laws of
125 Utah 2002, Fifth Special Session, Chapter 8)
126 26B-5-318, (Renumbered from 62A-15-619, as last amended by Laws of Utah 2011,
127 Chapter 366)
128 26B-5-319, (Renumbered from 62A-15-604, as last amended by Laws of Utah 2015,
129 Chapter 121)
130 26B-5-320, (Renumbered from 62A-15-621, as renumbered and amended by Laws of
131 Utah 2002, Fifth Special Session, Chapter 8)
132 26B-5-321, (Renumbered from 62A-15-622, as renumbered and amended by Laws of
133 Utah 2002, Fifth Special Session, Chapter 8)
134 26B-5-322, (Renumbered from 62A-15-623, as renumbered and amended by Laws of
135 Utah 2002, Fifth Special Session, Chapter 8)
136 26B-5-323, (Renumbered from 62A-15-624, as renumbered and amended by Laws of
137 Utah 2002, Fifth Special Session, Chapter 8)
138 26B-5-324, (Renumbered from 62A-15-608, as last amended by Laws of Utah 2011,
139 Chapter 366)
140 26B-5-325, (Renumbered from 62A-15-609, as renumbered and amended by Laws of
141 Utah 2002, Fifth Special Session, Chapter 8)
142 26B-5-326, (Renumbered from 62A-15-611, as last amended by Laws of Utah 2018,
143 Chapter 330)
144 26B-5-327, (Renumbered from 62A-15-612, as last amended by Laws of Utah 2021,
145 Chapter 382)
146 26B-5-330, (Renumbered from 62A-15-628, as last amended by Laws of Utah 2018,
147 Chapter 322)
148 26B-5-331, (Renumbered from 62A-15-629, as last amended by Laws of Utah 2022,
149 Chapters 341 and 374)
150 26B-5-332, (Renumbered from 62A-15-631, as last amended by Laws of Utah 2022,
151 Chapter 374)
152 26B-5-333, (Renumbered from 62A-15-632, as repealed and reenacted by Laws of Utah
153 2021, Chapter 122)
154 26B-5-334, (Renumbered from 62A-15-634, as renumbered and amended by Laws of
155 Utah 2002, Fifth Special Session, Chapter 8)
156 26B-5-335, (Renumbered from 62A-15-635, as last amended by Laws of Utah 2018,
157 Chapter 322)
158 26B-5-336, (Renumbered from 62A-15-636, as renumbered and amended by Laws of
159 Utah 2002, Fifth Special Session, Chapter 8)
160 26B-5-337, (Renumbered from 62A-15-637, as last amended by Laws of Utah 2019,
161 Chapter 419)
162 26B-5-338, (Renumbered from 62A-15-638, as renumbered and amended by Laws of
163 Utah 2002, Fifth Special Session, Chapter 8)
164 26B-5-339, (Renumbered from 62A-15-618, as last amended by Laws of Utah 2019,
165 Chapters 256 and 419)
166 26B-5-340, (Renumbered from 62A-15-630, as last amended by Laws of Utah 2008,
167 Chapter 3)
168 26B-5-341, (Renumbered from 62A-15-626, as last amended by Laws of Utah 2021,
169 Chapter 262)
170 26B-5-342, (Renumbered from 62A-15-620, as renumbered and amended by Laws of
171 Utah 2002, Fifth Special Session, Chapter 8)
172 26B-5-350, (Renumbered from 62A-15-630.4, as enacted by Laws of Utah 2019,
173 Chapter 256)
174 26B-5-351, (Renumbered from 62A-15-630.5, as last amended by Laws of Utah 2021,
175 Chapter 122)
176 26B-5-360, (Renumbered from 62A-15-625, as last amended by Laws of Utah 2021,
177 Chapter 260)
178 26B-5-361, (Renumbered from 62A-15-627, as last amended by Laws of Utah 2022,
179 Chapter 374)
180 26B-5-362, (Renumbered from 62A-15-646, as renumbered and amended by Laws of
181 Utah 2002, Fifth Special Session, Chapter 8)
182 26B-5-363, (Renumbered from 62A-15-616, as last amended by Laws of Utah 2011,
183 Chapter 366)
184 26B-5-364, (Renumbered from 62A-15-633, as renumbered and amended by Laws of
185 Utah 2002, Fifth Special Session, Chapter 8)
186 26B-5-365, (Renumbered from 62A-15-801, as renumbered and amended by Laws of
187 Utah 2002, Fifth Special Session, Chapter 8)
188 26B-5-366, (Renumbered from 62A-15-802, as renumbered and amended by Laws of
189 Utah 2002, Fifth Special Session, Chapter 8)
190 26B-5-367, (Renumbered from 62A-15-647, as renumbered and amended by Laws of
191 Utah 2002, Fifth Special Session, Chapter 8)
192 26B-5-370, (Renumbered from 62A-15-901, as renumbered and amended by Laws of
193 Utah 2002, Fifth Special Session, Chapter 8)
194 26B-5-371, (Renumbered from 62A-15-902, as last amended by Laws of Utah 2011,
195 Chapter 366)
196 26B-5-372, (Renumbered from 62A-15-605.5, as renumbered and amended by Laws of
197 Utah 2002, Fifth Special Session, Chapter 8)
198 26B-5-380, (Renumbered from 62A-1-108.5, as last amended by Laws of Utah 2021,
199 Chapter 262)
200 26B-5-401, (Renumbered from 62A-15-701, as last amended by Laws of Utah 2003,
201 Chapter 195)
202 26B-5-402, (Renumbered from 62A-15-702, as renumbered and amended by Laws of
203 Utah 2002, Fifth Special Session, Chapter 8)
204 26B-5-403, (Renumbered from 62A-15-703, as last amended by Laws of Utah 2021,
205 Chapter 262)
206 26B-5-404, (Renumbered from 62A-15-704, as last amended by Laws of Utah 2008,
207 Chapter 382)
208 26B-5-405, (Renumbered from 62A-15-705, as last amended by Laws of Utah 2021,
209 Chapter 261)
210 26B-5-406, (Renumbered from 62A-15-706, as last amended by Laws of Utah 2011,
211 Chapter 366)
212 26B-5-407, (Renumbered from 62A-15-707, as last amended by Laws of Utah 2008,
213 Chapter 382)
214 26B-5-408, (Renumbered from 62A-15-708, as renumbered and amended by Laws of
215 Utah 2002, Fifth Special Session, Chapter 8)
216 26B-5-409, (Renumbered from 62A-15-709, as renumbered and amended by Laws of
217 Utah 2002, Fifth Special Session, Chapter 8)
218 26B-5-410, (Renumbered from 62A-15-710, as renumbered and amended by Laws of
219 Utah 2002, Fifth Special Session, Chapter 8)
220 26B-5-411, (Renumbered from 62A-15-711, as renumbered and amended by Laws of
221 Utah 2002, Fifth Special Session, Chapter 8)
222 26B-5-412, (Renumbered from 62A-15-712, as last amended by Laws of Utah 2013,
223 Chapter 167)
224 26B-5-413, (Renumbered from 62A-15-713, as last amended by Laws of Utah 2005,
225 Chapter 71)
226 26B-5-501, (Renumbered from 62A-15-1202, as last amended by Laws of Utah 2018,
227 Chapter 77)
228 26B-5-502, (Renumbered from 62A-15-1201, as enacted by Laws of Utah 2017,
229 Chapter 408)
230 26B-5-503, (Renumbered from 62A-15-1203, as last amended by Laws of Utah 2018,
231 Chapter 77)
232 26B-5-504, (Renumbered from 62A-15-1204, as enacted by Laws of Utah 2017,
233 Chapter 408)
234 26B-5-505, (Renumbered from 62A-15-1205, as last amended by Laws of Utah 2018,
235 Chapter 77)
236 26B-5-506, (Renumbered from 62A-15-1205.5, as enacted by Laws of Utah 2018,
237 Chapter 77)
238 26B-5-507, (Renumbered from 62A-15-1206, as enacted by Laws of Utah 2017,
239 Chapter 408)
240 26B-5-508, (Renumbered from 62A-15-1207, as last amended by Laws of Utah 2018,
241 Chapter 77)
242 26B-5-509, (Renumbered from 62A-15-1207.5, as enacted by Laws of Utah 2018,
243 Chapter 77)
244 26B-5-510, (Renumbered from 62A-15-1208, as enacted by Laws of Utah 2017,
245 Chapter 408)
246 26B-5-511, (Renumbered from 62A-15-1209, as enacted by Laws of Utah 2017,
247 Chapter 408)
248 26B-5-601, (Renumbered from 62A-17-102, as enacted by Laws of Utah 2013, Chapter
249 24)
250 26B-5-602, (Renumbered from 62A-17-103, as last amended by Laws of Utah 2017,
251 Chapter 22)
252 26B-5-603, (Renumbered from 62A-17-104, as enacted by Laws of Utah 2013, Chapter
253 24)
254 26B-5-604, (Renumbered from 62A-17-105, as enacted by Laws of Utah 2013, Chapter
255 24)
256 26B-5-605, (Renumbered from 62A-17-106, as enacted by Laws of Utah 2013, Chapter
257 24)
258 26B-5-606, (Renumbered from 62A-15-1802, as enacted by Laws of Utah 2020,
259 Chapter 304)
260 26B-5-607, (Renumbered from 62A-15-1803, as enacted by Laws of Utah 2020,
261 Chapter 304)
262 26B-5-608, (Renumbered from 62A-15-1804, as enacted by Laws of Utah 2020,
263 Chapter 304)
264 26B-5-609, (Renumbered from 62A-15-1402, as enacted by Laws of Utah 2018,
265 Chapter 84)
266 26B-5-610, (Renumbered from 62A-15-1302, as last amended by Laws of Utah 2020,
267 Chapter 303)
268 26B-5-611, (Renumbered from 62A-15-1101, as last amended by Laws of Utah 2022,
269 Chapter 149)
270 26B-5-612, (Renumbered from 26-1-43, as enacted by Laws of Utah 2022, Chapter 253
271 and further amended by Revisor Instructions, Laws of Utah 2022, Chapter 189)
272 26B-6-102, (Renumbered from 62A-3-102, as last amended by Laws of Utah 1990,
273 Chapter 181)
274 26B-6-103, (Renumbered from 62A-3-103, as last amended by Laws of Utah 1992,
275 Chapter 104)
276 26B-6-104, (Renumbered from 62A-3-104, as last amended by Laws of Utah 2012,
277 Chapter 347)
278 26B-6-105, (Renumbered from 62A-3-104.1, as last amended by Laws of Utah 2018,
279 Chapter 256)
280 26B-6-106, (Renumbered from 62A-3-104.2, as last amended by Laws of Utah 1998,
281 Chapter 254)
282 26B-6-107, (Renumbered from 62A-3-104.3, as last amended by Laws of Utah 2015,
283 Chapter 255)
284 26B-6-108, (Renumbered from 62A-3-105, as last amended by Laws of Utah 2013,
285 Chapter 110)
286 26B-6-109, (Renumbered from 62A-3-106, as enacted by Laws of Utah 1988, Chapter
287 1)
288 26B-6-110, (Renumbered from 62A-3-106.5, as last amended by Laws of Utah 2008,
289 Chapter 382)
290 26B-6-111, (Renumbered from 62A-3-107, as last amended by Laws of Utah 2010,
291 Chapter 286)
292 26B-6-112, (Renumbered from 62A-3-107.5, as enacted by Laws of Utah 1996,
293 Chapter 299)
294 26B-6-113, (Renumbered from 62A-3-108, as last amended by Laws of Utah 1998,
295 Chapter 254)
296 26B-6-114, (Renumbered from 62A-3-109, as last amended by Laws of Utah 2008,
297 Chapters 91 and 382)
298 26B-6-201, (Renumbered from 62A-3-301, as last amended by Laws of Utah 2022,
299 Chapter 430)
300 26B-6-202, (Renumbered from 62A-3-302, as last amended by Laws of Utah 2017,
301 Chapter 176)
302 26B-6-203, (Renumbered from 62A-3-303, as last amended by Laws of Utah 2017,
303 Chapter 176)
304 26B-6-204, (Renumbered from 62A-3-304, as last amended by Laws of Utah 2008,
305 Chapter 91)
306 26B-6-205, (Renumbered from 62A-3-305, as last amended by Laws of Utah 2022,
307 Chapters 274, 335, and 415)
308 26B-6-206, (Renumbered from 62A-3-307, as repealed and reenacted by Laws of Utah
309 2008, Chapter 91)
310 26B-6-207, (Renumbered from 62A-3-308, as last amended by Laws of Utah 2008,
311 Chapter 91)
312 26B-6-208, (Renumbered from 62A-3-309, as last amended by Laws of Utah 2013,
313 Chapter 237)
314 26B-6-209, (Renumbered from 62A-3-311, as last amended by Laws of Utah 2008,
315 Chapters 91 and 382)
316 26B-6-210, (Renumbered from 62A-3-311.1, as last amended by Laws of Utah 2022,
317 Chapter 415)
318 26B-6-211, (Renumbered from 62A-3-311.5, as enacted by Laws of Utah 2008,
319 Chapter 91)
320 26B-6-212, (Renumbered from 62A-3-312, as last amended by Laws of Utah 2022,
321 Chapter 415)
322 26B-6-213, (Renumbered from 62A-3-314, as last amended by Laws of Utah 2007,
323 Chapter 176)
324 26B-6-214, (Renumbered from 62A-3-315, as last amended by Laws of Utah 2017,
325 Chapter 176)
326 26B-6-215, (Renumbered from 62A-3-316, as enacted by Laws of Utah 2002, Chapter
327 108)
328 26B-6-216, (Renumbered from 62A-3-317, as last amended by Laws of Utah 2017,
329 Chapter 176)
330 26B-6-217, (Renumbered from 62A-3-320, as last amended by Laws of Utah 2017,
331 Chapter 176)
332 26B-6-218, (Renumbered from 62A-3-321, as last amended by Laws of Utah 2017,
333 Chapter 176)
334 26B-6-219, (Renumbered from 62A-3-322, as enacted by Laws of Utah 2018, Third
335 Special Session, Chapter 1)
336 26B-6-301, (Renumbered from 62A-14-102, as last amended by Laws of Utah 2013,
337 Chapter 364)
338 26B-6-302, (Renumbered from 62A-14-103, as enacted by Laws of Utah 1999, Chapter
339 69)
340 26B-6-303, (Renumbered from 62A-14-104, as last amended by Laws of Utah 2009,
341 Chapter 75)
342 26B-6-304, (Renumbered from 62A-14-105, as last amended by Laws of Utah 2022,
343 Chapter 441)
344 26B-6-305, (Renumbered from 62A-14-107, as enacted by Laws of Utah 1999, Chapter
345 69)
346 26B-6-306, (Renumbered from 62A-14-108, as last amended by Laws of Utah 2022,
347 Chapter 255)
348 26B-6-307, (Renumbered from 62A-14-109, as last amended by Laws of Utah 2012,
349 Chapter 347)
350 26B-6-308, (Renumbered from 62A-14-110, as enacted by Laws of Utah 1999, Chapter
351 69)
352 26B-6-309, (Renumbered from 62A-14-111, as enacted by Laws of Utah 1999, Chapter
353 69)
354 26B-6-401, (Renumbered from 62A-5-101, as last amended by Laws of Utah 2020,
355 Chapter 444)
356 26B-6-402, (Renumbered from 62A-5-102, as last amended by Laws of Utah 2020,
357 Chapter 444)
358 26B-6-403, (Renumbered from 62A-5-103, as last amended by Laws of Utah 2011,
359 Chapter 366)
360 26B-6-404, (Renumbered from 62A-5-104, as last amended by Laws of Utah 2012,
361 Chapter 369)
362 26B-6-405, (Renumbered from 62A-5-105, as last amended by Laws of Utah 2013,
363 Chapter 167)
364 26B-6-406, (Renumbered from 62A-5-106, as enacted by Laws of Utah 1988, Chapter
365 1)
366 26B-6-407, (Renumbered from 62A-5-103.1, as last amended by Laws of Utah 2013,
367 Chapter 125)
368 26B-6-408, (Renumbered from 62A-5-103.2, as last amended by Laws of Utah 2009,
369 Chapter 29)
370 26B-6-409, (Renumbered from 62A-5-103.3, as enacted by Laws of Utah 2011,
371 Chapter 169)
372 26B-6-410, (Renumbered from 62A-5-103.5, as last amended by Laws of Utah 2017,
373 Chapter 181)
374 26B-6-411, (Renumbered from 62A-5-109, as last amended by Laws of Utah 2008,
375 Chapter 3)
376 26B-6-412, (Renumbered from 62A-5-110, as last amended by Laws of Utah 2018,
377 Chapter 88)
378 26B-6-413, (Renumbered from 62A-5-402, as last amended by Laws of Utah 2005,
379 Chapter 61)
380 26B-6-502, (Renumbered from 62A-5-201, as last amended by Laws of Utah 2017,
381 Chapter 211)
382 26B-6-503, (Renumbered from 62A-5-202, as last amended by Laws of Utah 2009,
383 Chapter 75)
384 26B-6-504, (Renumbered from 62A-5-203, as last amended by Laws of Utah 1991,
385 Chapter 207)
386 26B-6-505, (Renumbered from 62A-5-205, as last amended by Laws of Utah 1991,
387 Chapter 207)
388 26B-6-506, (Renumbered from 62A-5-206, as last amended by Laws of Utah 2016,
389 Chapter 300)
390 26B-6-507, (Renumbered from 62A-5-206.6, as last amended by Laws of Utah 2018,
391 Chapter 404)
392 26B-6-508, (Renumbered from 62A-5-207, as last amended by Laws of Utah 2011,
393 Chapter 366)
394 26B-6-509, (Renumbered from 62A-5-208, as last amended by Laws of Utah 1991,
395 Chapter 207)
396 26B-6-510, (Renumbered from 62A-5-211, as enacted by Laws of Utah 2017, Chapter
397 211)
398 26B-6-602, (Renumbered from 62A-5-302, as last amended by Laws of Utah 2011,
399 Chapter 366)
400 26B-6-603, (Renumbered from 62A-5-305, as last amended by Laws of Utah 2011,
401 Chapter 366)
402 26B-6-604, (Renumbered from 62A-5-308, as last amended by Laws of Utah 2021,
403 Chapter 261)
404 26B-6-605, (Renumbered from 62A-5-309, as last amended by Laws of Utah 2021,
405 Chapter 261)
406 26B-6-606, (Renumbered from 62A-5-310, as last amended by Laws of Utah 2011,
407 Chapter 366)
408 26B-6-607, (Renumbered from 62A-5-311, as last amended by Laws of Utah 2011,
409 Chapter 366)
410 26B-6-608, (Renumbered from 62A-5-312, as last amended by Laws of Utah 2011,
411 Chapter 366)
412 26B-6-609, (Renumbered from 62A-5-313, as last amended by Laws of Utah 2011,
413 Chapter 366)
414 26B-6-610, (Renumbered from 62A-5-315, as last amended by Laws of Utah 2004,
415 Chapter 114)
416 26B-6-611, (Renumbered from 62A-5-316, as last amended by Laws of Utah 2011,
417 Chapter 366)
418 26B-6-612, (Renumbered from 62A-5-317, as last amended by Laws of Utah 2011,
419 Chapter 366)
420 26B-6-613, (Renumbered from 62A-5-318, as last amended by Laws of Utah 2011,
421 Chapter 366)
422 26B-6-701, (Renumbered from 62A-5-501, as enacted by Laws of Utah 2022, Chapter
423 220)
424 26B-6-702, (Renumbered from 62A-5-502, as enacted by Laws of Utah 2022, Chapter
425 220)
426 26B-6-703, (Renumbered from 62A-5-503, as enacted by Laws of Utah 2022, Chapter
427 220)
428 26B-6-704, (Renumbered from 62A-5-504, as enacted by Laws of Utah 2022, Chapter
429 220)
430 26B-6-705, (Renumbered from 62A-5-505, as enacted by Laws of Utah 2022, Chapter
431 220)
432 26B-6-801, (Renumbered from 62A-5b-102, as last amended by Laws of Utah 2019,
433 Chapter 190)
434 26B-6-802, (Renumbered from 62A-5b-103, as last amended by Laws of Utah 2019,
435 Chapter 190)
436 26B-6-803, (Renumbered from 62A-5b-104, as last amended by Laws of Utah 2019,
437 Chapter 190)
438 26B-6-804, (Renumbered from 62A-5b-105, as last amended by Laws of Utah 2019,
439 Chapter 190)
440 26B-6-805, (Renumbered from 62A-5b-106, as last amended by Laws of Utah 2019,
441 Chapter 190)
442 26B-6-806, (Renumbered from 62A-6-102, as enacted by Laws of Utah 1988, Chapter
443 1)
444 26B-6-807, (Renumbered from 62A-6-103, as enacted by Laws of Utah 1988, Chapter
445 1)
446 26B-6-808, (Renumbered from 62A-6-104, as enacted by Laws of Utah 1988, Chapter
447 1)
448 26B-6-809, (Renumbered from 62A-6-105, as enacted by Laws of Utah 1988, Chapter
449 1)
450 26B-6-810, (Renumbered from 62A-6-106, as enacted by Laws of Utah 1988, Chapter
451 1)
452 26B-6-811, (Renumbered from 62A-6-107, as enacted by Laws of Utah 1988, Chapter
453 1)
454 26B-6-812, (Renumbered from 62A-6-108, as enacted by Laws of Utah 1988, Chapter
455 1)
456 26B-6-813, (Renumbered from 62A-6-109, as enacted by Laws of Utah 1988, Chapter
457 1)
458 26B-6-814, (Renumbered from 62A-6-110, as enacted by Laws of Utah 1988, Chapter
459 1)
460 26B-6-815, (Renumbered from 62A-6-111, as enacted by Laws of Utah 1988, Chapter
461 1)
462 26B-6-816, (Renumbered from 62A-6-112, as enacted by Laws of Utah 1988, Chapter
463 1)
464 26B-6-817, (Renumbered from 62A-6-113, as enacted by Laws of Utah 1988, Chapter
465 1)
466 26B-6-818, (Renumbered from 62A-6-114, as enacted by Laws of Utah 1988, Chapter
467 1)
468 26B-6-819, (Renumbered from 62A-6-115, as enacted by Laws of Utah 1988, Chapter
469 1)
470 26B-6-820, (Renumbered from 62A-6-116, as enacted by Laws of Utah 1988, Chapter
471 1)
472 26B-7-102, (Renumbered from 26-10-3, as enacted by Laws of Utah 1981, Chapter
473 126)
474 26B-7-103, (Renumbered from 26-10-4, as enacted by Laws of Utah 1981, Chapter
475 126)
476 26B-7-104, (Renumbered from 26-10-5.5, as last amended by Laws of Utah 2016,
477 Chapter 144)
478 26B-7-105, (Renumbered from 26-10-10, as last amended by Laws of Utah 2018,
479 Chapters 58, 281, and 415)
480 26B-7-106, (Renumbered from 26-10-14, as enacted by Laws of Utah 2019, Chapter
481 124)
482 26B-7-107, (Renumbered from 26-10-15, as enacted by Laws of Utah 2021, Chapter
483 161)
484 26B-7-108, (Renumbered from 26-1-23.5, as renumbered and amended by Laws of
485 Utah 1991, Chapter 112)
486 26B-7-109, (Renumbered from 26-1-26, as enacted by Laws of Utah 1981, Chapter
487 126)
488 26B-7-110, (Renumbered from 26-1-36, as last amended by Laws of Utah 2013,
489 Chapters 43 and 167)
490 26B-7-111, (Renumbered from 26-1-38, as last amended by Laws of Utah 2015,
491 Chapter 180)
492 26B-7-112, (Renumbered from 26-1-42, as enacted by Laws of Utah 2020, Chapter
493 211)
494 26B-7-113, (Renumbered from 26-7-1, as last amended by Laws of Utah 2011, Chapter
495 297)
496 26B-7-114, (Renumbered from 26-7-2, as last amended by Laws of Utah 2011, Chapter
497 192)
498 26B-7-115, (Renumbered from 26-7-4, as enacted by Laws of Utah 2008, Chapter 72)
499 26B-7-116, (Renumbered from 26-7-7, as last amended by Laws of Utah 2015, Chapter
500 451)
501 26B-7-117, (Renumbered from 26-7-8, as last amended by Laws of Utah 2018, Chapter
502 281)
503 26B-7-118, (Renumbered from 26-7-9, as last amended by Laws of Utah 2019, Chapter
504 186)
505 26B-7-119, (Renumbered from 26-7-11, as enacted by Laws of Utah 2020, Chapter
506 429)
507 26B-7-201, (Renumbered from 26-6-2, as last amended by Laws of Utah 2021, Chapter
508 437)
509 26B-7-202, (Renumbered from 26-6-3, as last amended by Laws of Utah 2021, Chapter
510 437)
511 26B-7-203, (Renumbered from 26-6-3.5, as last amended by Laws of Utah 2006,
512 Chapter 116)
513 26B-7-204, (Renumbered from 26-6-4, as last amended by Laws of Utah 2006, Chapter
514 185)
515 26B-7-205, (Renumbered from 26-6-5, as last amended by Laws of Utah 1993, Chapter
516 179)
517 26B-7-206, (Renumbered from 26-6-6, as last amended by Laws of Utah 2008, Chapter
518 3)
519 26B-7-207, (Renumbered from 26-6-7, as last amended by Laws of Utah 1996, Chapter
520 211)
521 26B-7-208, (Renumbered from 26-6-8, as last amended by Laws of Utah 1996, Chapter
522 211)
523 26B-7-209, (Renumbered from 26-6-9, as repealed and reenacted by Laws of Utah
524 1996, Chapter 211)
525 26B-7-210, (Renumbered from 26-6-11, as enacted by Laws of Utah 1981, Chapter
526 126)
527 26B-7-211, (Renumbered from 26-6-15, as enacted by Laws of Utah 1981, Chapter
528 126)
529 26B-7-212, (Renumbered from 26-6-16, as enacted by Laws of Utah 1981, Chapter
530 126)
531 26B-7-213, (Renumbered from 26-6-17, as last amended by Laws of Utah 2019,
532 Chapter 349)
533 26B-7-214, (Renumbered from 26-6-18, as last amended by Laws of Utah 2019,
534 Chapter 349)
535 26B-7-215, (Renumbered from 26-6-19, as last amended by Laws of Utah 2019,
536 Chapter 349)
537 26B-7-216, (Renumbered from 26-6-20, as last amended by Laws of Utah 2019,
538 Chapter 349)
539 26B-7-217, (Renumbered from 26-6-27, as last amended by Laws of Utah 2022,
540 Chapters 169, 335, 415, and 430)
541 26B-7-218, (Renumbered from 26-6-28, as last amended by Laws of Utah 2007,
542 Chapter 38)
543 26B-7-219, (Renumbered from 26-6-29, as renumbered and amended by Laws of Utah
544 1996, Chapter 201)
545 26B-7-220, (Renumbered from 26-6-30, as last amended by Laws of Utah 2003,
546 Chapter 171)
547 26B-7-221, (Renumbered from 26-6-31, as enacted by Laws of Utah 2012, Chapter
548 150)
549 26B-7-222, (Renumbered from 26-6-32, as last amended by Laws of Utah 2022,
550 Chapter 169)
551 26B-7-223, (Renumbered from 26-6-42, as last amended by Laws of Utah 2022,
552 Chapter 5 and further amended by Revisor Instructions, Laws of Utah 2022,
553 Chapter 5)
554 26B-7-224, (Renumbered from 26-7-14, as last amended by Laws of Utah 2022,
555 Chapter 430)
556 26B-7-225, (Renumbered from 26-8d-102, as enacted by Laws of Utah 2018, Chapter
557 104)
558 26B-7-226, (Renumbered from 26-8d-103, as enacted by Laws of Utah 2018, Chapter
559 104)
560 26B-7-227, (Renumbered from 26-5-1, as enacted by Laws of Utah 1981, Chapter 126)
561 26B-7-301, (Renumbered from 26-23b-102, as last amended by Laws of Utah 2022,
562 Chapter 255)
563 26B-7-302, (Renumbered from 26-1-12, as last amended by Laws of Utah 1991,
564 Chapter 112)
565 26B-7-303, (Renumbered from 26-6b-1, as last amended by Laws of Utah 2008,
566 Chapter 382)
567 26B-7-304, (Renumbered from 26-6b-3, as last amended by Laws of Utah 2021,
568 Chapter 437)
569 26B-7-305, (Renumbered from 26-6b-3.1, as last amended by Laws of Utah 2011,
570 Chapter 297)
571 26B-7-306, (Renumbered from 26-6b-3.2, as enacted by Laws of Utah 2006, Chapter
572 185)
573 26B-7-307, (Renumbered from 26-6b-3.3, as last amended by Laws of Utah 2008,
574 Chapter 115)
575 26B-7-308, (Renumbered from 26-6b-3.4, as last amended by Laws of Utah 2008,
576 Chapters 3 and 115)
577 26B-7-309, (Renumbered from 26-6b-4, as last amended by Laws of Utah 2008,
578 Chapter 115)
579 26B-7-310, (Renumbered from 26-6b-5, as last amended by Laws of Utah 2019,
580 Chapter 349)
581 26B-7-311, (Renumbered from 26-6b-6, as last amended by Laws of Utah 2008,
582 Chapter 115)
583 26B-7-312, (Renumbered from 26-6b-7, as enacted by Laws of Utah 1996, Chapter
584 211)
585 26B-7-313, (Renumbered from 26-6b-8, as last amended by Laws of Utah 2006,
586 Chapter 185)
587 26B-7-314, (Renumbered from 26-6b-9, as last amended by Laws of Utah 2006,
588 Chapter 185)
589 26B-7-315, (Renumbered from 26-6b-10, as enacted by Laws of Utah 1996, Chapter
590 211)
591 26B-7-316, (Renumbered from 26-23b-103, as enacted by Laws of Utah 2002, Chapter
592 155)
593 26B-7-317, (Renumbered from 26-23b-104, as last amended by Laws of Utah 2021,
594 Chapter 437)
595 26B-7-318, (Renumbered from 26-23b-105, as enacted by Laws of Utah 2002, Chapter
596 155)
597 26B-7-319, (Renumbered from 26-23b-106, as enacted by Laws of Utah 2002, Chapter
598 155)
599 26B-7-320, (Renumbered from 26-23b-107, as enacted by Laws of Utah 2002, Chapter
600 155)
601 26B-7-321, (Renumbered from 26-23b-108, as last amended by Laws of Utah 2021,
602 Chapter 437)
603 26B-7-322, (Renumbered from 26-23b-109, as enacted by Laws of Utah 2002, Chapter
604 155)
605 26B-7-323, (Renumbered from 26-23b-110, as last amended by Laws of Utah 2011,
606 Chapter 55)
607 26B-7-401, (Renumbered from 26-15a-102, as last amended by Laws of Utah 2008,
608 Chapter 382)
609 26B-7-402, (Renumbered from 26-15-2, as last amended by Laws of Utah 2021,
610 Chapter 227)
611 26B-7-403, (Renumbered from 26-15-3, as last amended by Laws of Utah 2022,
612 Chapter 415)
613 26B-7-404, (Renumbered from 26-15-4, as enacted by Laws of Utah 1981, Chapter
614 126)
615 26B-7-405, (Renumbered from 26-15-7, as enacted by Laws of Utah 1981, Chapter
616 126)
617 26B-7-406, (Renumbered from 26-15-8, as last amended by Laws of Utah 2011,
618 Chapter 297)
619 26B-7-407, (Renumbered from 26-15-13, as last amended by Laws of Utah 2016,
620 Chapter 303)
621 26B-7-408, (Renumbered from 26-31-201, as last amended by Laws of Utah 2011,
622 Chapter 297 and renumbered and amended by Laws of Utah 2011, Chapter 90)
623 26B-7-409, (Renumbered from 26-51-201, as enacted by Laws of Utah 2008, Chapter
624 38)
625 26B-7-410, (Renumbered from 26-15a-104, as last amended by Laws of Utah 2008,
626 Chapter 382)
627 26B-7-411, (Renumbered from 26-15a-105, as last amended by Laws of Utah 2014,
628 Chapter 327)
629 26B-7-412, (Renumbered from 26-15a-106, as last amended by Laws of Utah 2020,
630 Chapter 189)
631 26B-7-413, (Renumbered from 26-15-5, as last amended by Laws of Utah 2020,
632 Chapter 189)
633 26B-7-414, (Renumbered from 26-15-9, as enacted by Laws of Utah 1981, Chapter
634 126)
635 26B-7-415, (Renumbered from 26-15b-105, as last amended by Laws of Utah 2020,
636 Fifth Special Session, Chapter 4)
637 26B-7-416, (Renumbered from 26-15c-105, as enacted by Laws of Utah 2021, Chapter
638 417)
639 26B-7-501, (Renumbered from 26-62-102, as last amended by Laws of Utah 2020,
640 Chapters 302 and 347)
641 26B-7-502, (Renumbered from 26-15-11, as last amended by Laws of Utah 1994,
642 Chapter 281)
643 26B-7-503, (Renumbered from 26-38-3, as last amended by Laws of Utah 2009,
644 Chapter 383)
645 26B-7-504, (Renumbered from 26-43-102, as enacted by Laws of Utah 1998, Chapter
646 73)
647 26B-7-505, (Renumbered from 26-57-103, as last amended by Laws of Utah 2021, First
648 Special Session, Chapter 12)
649 26B-7-506, (Renumbered from 26-62-103, as enacted by Laws of Utah 2018, Chapter
650 231)
651 26B-7-507, (Renumbered from 26-62-201, as last amended by Laws of Utah 2020,
652 Chapter 347)
653 26B-7-508, (Renumbered from 26-62-202, as last amended by Laws of Utah 2020,
654 Sixth Special Session, Chapter 18)
655 26B-7-509, (Renumbered from 26-62-203, as enacted by Laws of Utah 2018, Chapter
656 231)
657 26B-7-510, (Renumbered from 26-62-204, as enacted by Laws of Utah 2018, Chapter
658 231)
659 26B-7-511, (Renumbered from 26-62-205, as last amended by Laws of Utah 2021,
660 Chapter 348)
661 26B-7-512, (Renumbered from 26-62-206, as enacted by Laws of Utah 2020, Chapter
662 347)
663 26B-7-513, (Renumbered from 26-62-207, as enacted by Laws of Utah 2020, Chapter
664 302)
665 26B-7-514, (Renumbered from 26-62-301, as last amended by Laws of Utah 2020,
666 Chapter 347)
667 26B-7-515, (Renumbered from 26-62-302, as renumbered and amended by Laws of
668 Utah 2018, Chapter 231)
669 26B-7-516, (Renumbered from 26-62-303, as enacted by Laws of Utah 2018, Chapter
670 231)
671 26B-7-517, (Renumbered from 26-62-304, as last amended by Laws of Utah 2022,
672 Chapter 274)
673 26B-7-518, (Renumbered from 26-62-305, as last amended by Laws of Utah 2022,
674 Chapter 274)
675 26B-7-519, (Renumbered from 26-62-306, as last amended by Laws of Utah 2021,
676 Chapter 348)
677 26B-7-520, (Renumbered from 26-62-307, as renumbered and amended by Laws of
678 Utah 2018, Chapter 231)
679 26B-7-521, (Renumbered from 26-62-401, as last amended by Laws of Utah 2021,
680 Chapter 348)
681
682 Be it enacted by the Legislature of the state of Utah:
683 Section 1. Section 26B-5-101 is amended to read:
684
685
686 26B-5-101. Chapter Definitions.
687 [
688 As used in this chapter:
689 (1) "Criminal risk factors" means a person's characteristics and behaviors that:
690 (a) affect the person's risk of engaging in criminal behavior; and
691 (b) are diminished when addressed by effective treatment, supervision, and other
692 support resources, resulting in reduced risk of criminal behavior.
693 (2) "Director" means the director appointed under Section 26B-5-103.
694 (3) "Division" means the Division of Integrated Healthcare created in Section
695 26B-1-202.
696 (4) "Local mental health authority" means a county legislative body.
697 (5) "Local substance abuse authority" means a county legislative body.
698 (6) "Mental health crisis" means:
699 (a) a mental health condition that manifests in an individual by symptoms of sufficient
700 severity that a prudent layperson who possesses an average knowledge of mental health issues
701 could reasonably expect the absence of immediate attention or intervention to result in:
702 (i) serious danger to the individual's health or well-being; or
703 (ii) a danger to the health or well-being of others; or
704 (b) a mental health condition that, in the opinion of a mental health therapist or the
705 therapist's designee, requires direct professional observation or intervention.
706 (7) "Mental health crisis response training" means community-based training that
707 educates laypersons and professionals on the warning signs of a mental health crisis and how to
708 respond.
709 (8) "Mental health crisis services" means an array of services provided to an individual
710 who experiences a mental health crisis, which may include:
711 (a) direct mental health services;
712 (b) on-site intervention provided by a mobile crisis outreach team;
713 (c) the provision of safety and care plans;
714 (d) prolonged mental health services for up to 90 days after the day on which an
715 individual experiences a mental health crisis;
716 (e) referrals to other community resources;
717 (f) local mental health crisis lines; and
718 (g) the statewide mental health crisis line.
719 (9) "Mental health therapist" means the same as that term is defined in Section
720 58-60-102.
721 (10) "Mobile crisis outreach team" or "MCOT" means a mobile team of medical and
722 mental health professionals that, in coordination with local law enforcement and emergency
723 medical service personnel, provides mental health crisis services.
724 (11) "Office" means the Office of Substance Use and Mental Health created in Section
725 26B-5-102.
726 (12) (a) "Public funds" means federal money received from the department, and state
727 money appropriated by the Legislature to the department, a county governing body, or a local
728 substance abuse authority, or a local mental health authority for the purposes of providing
729 substance abuse or mental health programs or services.
730 (b) "Public funds" include federal and state money that has been transferred by a local
731 substance abuse authority or a local mental health authority to a private provider under an
732 annual or otherwise ongoing contract to provide comprehensive substance abuse or mental
733 health programs or services for the local substance abuse authority or local mental health
734 authority. The money maintains the nature of "public funds" while in the possession of the
735 private entity that has an annual or otherwise ongoing contract with a local substance abuse
736 authority or a local mental health authority to provide comprehensive substance abuse or
737 mental health programs or services for the local substance abuse authority or local mental
738 health authority.
739 (c) Public funds received for the provision of services under substance abuse or mental
740 health service plans may not be used for any other purpose except those authorized in the
741 contract between the local mental health or substance abuse authority and provider for the
742 provision of plan services.
743 (13) "Severe mental disorder" means schizophrenia, major depression, bipolar
744 disorders, delusional disorders, psychotic disorders, and other mental disorders as defined by
745 the division.
746 (14) "Stabilization services" means in-home services provided to a child with, or who
747 is at risk for, complex emotional and behavioral needs, including teaching the child's parent or
748 guardian skills to improve family functioning.
749 (15) "Statewide mental health crisis line" means the same as that term is defined in
750 Section 26B-5-610.
751 (16) "System of care" means a broad, flexible array of services and supports that:
752 (a) serve a child with or who is at risk for complex emotional and behavioral needs;
753 (b) are community based;
754 (c) are informed about trauma;
755 (d) build meaningful partnerships with families and children;
756 (e) integrate service planning, service coordination, and management across state and
757 local entities;
758 (f) include individualized case planning;
759 (g) provide management and policy infrastructure that supports a coordinated network
760 of interdepartmental service providers, contractors, and service providers who are outside of
761 the department; and
762 (h) are guided by the type and variety of services needed by a child with or who is at
763 risk for complex emotional and behavioral needs and by the child's family.
764 Section 2. Section 26B-5-102, which is renumbered from Section 62A-15-103 is
765 renumbered and amended to read:
766 [
767 Substance Use and Mental Health -- Creation -- Responsibilities.
768 (1) (a) The [
769 over the policymaking functions, regulatory and enforcement powers, rights, duties, and
770 responsibilities outlined in state law that were previously vested in the Division of Substance
771 Abuse and Mental Health within the department, under the administration and general
772 supervision of the executive director.
773 (b) The division is the substance abuse authority and the mental health authority for
774 this state.
775 (c) There is created the Office of Substance Use and Mental Health within the division.
776 (d) The office shall exercise the responsibilities, powers, rights, duties, and
777 responsibilities assigned to it by the executive director.
778 (2) The division shall:
779 (a) (i) educate the general public regarding the nature and consequences of substance
780 abuse by promoting school and community-based prevention programs;
781 (ii) render support and assistance to public schools through approved school-based
782 substance abuse education programs aimed at prevention of substance abuse;
783 (iii) promote or establish programs for the prevention of substance abuse within the
784 community setting through community-based prevention programs;
785 (iv) cooperate with and assist treatment centers, recovery residences, and other
786 organizations that provide services to individuals recovering from a substance abuse disorder,
787 by identifying and disseminating information about effective practices and programs;
788 (v) promote integrated programs that address an individual's substance abuse, mental
789 health, and physical health;
790 (vi) establish and promote an evidence-based continuum of screening, assessment,
791 prevention, treatment, and recovery support services in the community for individuals with a
792 substance use disorder or mental illness;
793 (vii) evaluate the effectiveness of programs described in this Subsection (2);
794 (viii) consider the impact of the programs described in this Subsection (2) on:
795 (A) emergency department utilization;
796 (B) jail and prison populations;
797 (C) the homeless population; and
798 (D) the child welfare system; and
799 (ix) promote or establish programs for education and certification of instructors to
800 educate individuals convicted of driving under the influence of alcohol or drugs or driving with
801 any measurable controlled substance in the body;
802 (b) (i) collect and disseminate information pertaining to mental health;
803 (ii) provide direction over the state hospital including approval of the state hospital's
804 budget, administrative policy, and coordination of services with local service plans;
805 (iii) make rules in accordance with Title 63G, Chapter 3, Utah Administrative
806 Rulemaking Act, to educate families concerning mental illness and promote family
807 involvement, when appropriate, and with patient consent, in the treatment program of a family
808 member; and
809 (iv) make rules in accordance with Title 63G, Chapter 3, Utah Administrative
810 Rulemaking Act, to direct that an individual receiving services through a local mental health
811 authority or the Utah State Hospital be informed about and, if desired by the individual,
812 provided assistance in the completion of a declaration for mental health treatment in
813 accordance with Section [
814 (c) (i) consult and coordinate with local substance abuse authorities and local mental
815 health authorities regarding programs and services;
816 (ii) provide consultation and other assistance to public and private agencies and groups
817 working on substance abuse and mental health issues;
818 (iii) promote and establish cooperative relationships with courts, hospitals, clinics,
819 medical and social agencies, public health authorities, law enforcement agencies, education and
820 research organizations, and other related groups;
821 (iv) promote or conduct research on substance abuse and mental health issues, and
822 submit to the governor and the Legislature recommendations for changes in policy and
823 legislation;
824 (v) receive, distribute, and provide direction over public funds for substance abuse and
825 mental health services;
826 (vi) monitor and evaluate programs provided by local substance abuse authorities and
827 local mental health authorities;
828 (vii) examine expenditures of local, state, and federal funds;
829 (viii) monitor the expenditure of public funds by:
830 (A) local substance abuse authorities;
831 (B) local mental health authorities; and
832 (C) in counties where they exist, a private contract provider that has an annual or
833 otherwise ongoing contract to provide comprehensive substance abuse or mental health
834 programs or services for the local substance abuse authority or local mental health authority;
835 (ix) contract with local substance abuse authorities and local mental health authorities
836 to provide a comprehensive continuum of services that include community-based services for
837 individuals involved in the criminal justice system, in accordance with division policy, contract
838 provisions, and the local plan;
839 (x) contract with private and public entities for special statewide or nonclinical
840 services, or services for individuals involved in the criminal justice system, according to
841 division rules;
842 (xi) review and approve each local substance abuse authority's plan and each local
843 mental health authority's plan in order to ensure:
844 (A) a statewide comprehensive continuum of substance abuse services;
845 (B) a statewide comprehensive continuum of mental health services;
846 (C) services result in improved overall health and functioning;
847 (D) a statewide comprehensive continuum of community-based services designed to
848 reduce criminal risk factors for individuals who are determined to have substance abuse or
849 mental illness conditions or both, and who are involved in the criminal justice system;
850 (E) compliance, where appropriate, with the certification requirements in Subsection
851 (2)(j); and
852 (F) appropriate expenditure of public funds;
853 (xii) review and make recommendations regarding each local substance abuse
854 authority's contract with the local substance abuse authority's provider of substance abuse
855 programs and services and each local mental health authority's contract with the local mental
856 health authority's provider of mental health programs and services to ensure compliance with
857 state and federal law and policy;
858 (xiii) monitor and ensure compliance with division rules and contract requirements;
859 and
860 (xiv) withhold funds from local substance abuse authorities, local mental health
861 authorities, and public and private providers for contract noncompliance, failure to comply
862 with division directives regarding the use of public funds, or for misuse of public funds or
863 money;
864 (d) ensure that the requirements of this part are met and applied uniformly by local
865 substance abuse authorities and local mental health authorities across the state;
866 (e) require each local substance abuse authority and each local mental health authority,
867 in accordance with Subsections 17-43-201(5)(b) and 17-43-301(6)(a)(ii), to submit a plan to
868 the division on or before May 15 of each year;
869 (f) conduct an annual program audit and review of each local substance abuse authority
870 and each local substance abuse authority's contract provider, and each local mental health
871 authority and each local mental health authority's contract provider, including:
872 (i) a review and determination regarding whether:
873 (A) public funds allocated to the local substance abuse authority or the local mental
874 health authorities are consistent with services rendered by the authority or the authority's
875 contract provider, and with outcomes reported by the authority's contract provider; and
876 (B) each local substance abuse authority and each local mental health authority is
877 exercising sufficient oversight and control over public funds allocated for substance use
878 disorder and mental health programs and services; and
879 (ii) items determined by the division to be necessary and appropriate;
880 (g) define "prevention" by rule as required under Title 32B, Chapter 2, Part 4,
881 Alcoholic Beverage and Substance Abuse Enforcement and Treatment Restricted Account Act;
882 (h) (i) train and certify an adult as a peer support specialist, qualified to provide peer
883 supports services to an individual with:
884 (A) a substance use disorder;
885 (B) a mental health disorder; or
886 (C) a substance use disorder and a mental health disorder;
887 (ii) certify a person to carry out, as needed, the division's duty to train and certify an
888 adult as a peer support specialist;
889 (iii) make rules in accordance with Title 63G, Chapter 3, Utah Administrative
890 Rulemaking Act, that:
891 (A) establish training and certification requirements for a peer support specialist;
892 (B) specify the types of services a peer support specialist is qualified to provide;
893 (C) specify the type of supervision under which a peer support specialist is required to
894 operate; and
895 (D) specify continuing education and other requirements for maintaining or renewing
896 certification as a peer support specialist; and
897 (iv) make rules in accordance with Title 63G, Chapter 3, Utah Administrative
898 Rulemaking Act, that:
899 (A) establish the requirements for a person to be certified to carry out, as needed, the
900 division's duty to train and certify an adult as a peer support specialist; and
901 (B) specify how the division shall provide oversight of a person certified to train and
902 certify a peer support specialist;
903 (i) collaborate with the State Commission on Criminal and Juvenile Justice to analyze
904 and provide recommendations to the Legislature regarding:
905 (i) pretrial services and the resources needed to reduce recidivism;
906 (ii) county jail and county behavioral health early-assessment resources needed for an
907 individual convicted of a class A or class B misdemeanor; and
908 (iii) the replacement of federal dollars associated with drug interdiction law
909 enforcement task forces that are reduced;
910 (j) establish performance goals and outcome measurements for a mental health or
911 substance use treatment program that is licensed under Chapter 2, Licensure of Programs and
912 Facilities, and contracts with the department, including goals and measurements related to
913 employment and reducing recidivism of individuals receiving mental health or substance use
914 treatment who are involved with the criminal justice system;
915 (k) annually, on or before November 30, submit a written report to the Judiciary
916 Interim Committee, the Health and Human Services Interim Committee, and the Law
917 Enforcement and Criminal Justice Interim Committee, that includes:
918 (i) a description of the performance goals and outcome measurements described in
919 Subsection (2)(j); and
920 (ii) information on the effectiveness of the goals and measurements in ensuring
921 appropriate and adequate mental health or substance use treatment is provided in a treatment
922 program described in Subsection (2)(j);
923 (l) collaborate with the Administrative Office of the Courts, the Department of
924 Corrections, the Department of Workforce Services, and the Board of Pardons and Parole to
925 collect data on recidivism, including data on:
926 (i) individuals who participate in a mental health or substance use treatment program
927 while incarcerated and are convicted of another offense within two years after release from
928 incarceration;
929 (ii) individuals who are ordered by a criminal court or the Board of Pardons and Parole
930 to participate in a mental health or substance use treatment program and are convicted of
931 another offense while participating in the treatment program or within two years after the day
932 on which the treatment program ends;
933 (iii) the type of treatment provided to, and employment of, the individuals described in
934 Subsections (2)(l)(i) and (ii); and
935 (iv) cost savings associated with recidivism reduction and the reduction in the number
936 of inmates in the state;
937 (m) at the division's discretion, use the data described in Subsection (2)(l) to make
938 decisions regarding the use of funds allocated to the division to provide treatment;
939 (n) annually, on or before August 31, submit the data collected under Subsection (2)(l)
940 and any recommendations to improve the data collection to the State Commission on Criminal
941 and Juvenile Justice to be included in the report described in Subsection 63M-7-204(1)(x);
942 (o) publish the following on the division's website:
943 (i) the performance goals and outcome measurements described in Subsection (2)(j);
944 and
945 (ii) a description of the services provided and the contact information for the mental
946 health and substance use treatment programs described in Subsection (2)(j) and residential,
947 vocational and life skills programs, as defined in Section 13-53-102; and
948 (p) consult and coordinate with the Division of Child and Family Services to develop
949 and manage the operation of a program designed to reduce substance abuse during pregnancy
950 and by parents of a newborn child that includes:
951 (i) providing education and resources to health care providers and individuals in the
952 state regarding prevention of substance abuse during pregnancy;
953 (ii) providing training to health care providers in the state regarding screening of a
954 pregnant woman or pregnant minor to identify a substance abuse disorder; and
955 (iii) providing referrals to pregnant women, pregnant minors, or parents of a newborn
956 child in need of substance abuse treatment services to a facility that has the capacity to provide
957 the treatment services.
958 (3) In addition to the responsibilities described in Subsection (2), the division shall,
959 within funds appropriated by the Legislature for this purpose, implement and manage the
960 operation of a firearm safety and suicide prevention program, in consultation with the Bureau
961 of Criminal Identification created in Section 53-10-201, including:
962 (a) coordinating with local mental health and substance abuse authorities, a nonprofit
963 behavioral health advocacy group, and a representative from a Utah-based nonprofit
964 organization with expertise in the field of firearm use and safety that represents firearm owners,
965 to:
966 (i) produce and periodically review and update a firearm safety brochure and other
967 educational materials with information about the safe handling and use of firearms that
968 includes:
969 (A) information on safe handling, storage, and use of firearms in a home environment;
970 (B) information about at-risk individuals and individuals who are legally prohibited
971 from possessing firearms;
972 (C) information about suicide prevention awareness; and
973 (D) information about the availability of firearm safety packets;
974 (ii) procure cable-style gun locks for distribution under this section;
975 (iii) produce a firearm safety packet that includes the firearm safety brochure and the
976 cable-style gun lock described in this Subsection (3); and
977 (iv) create a suicide prevention education course that:
978 (A) provides information for distribution regarding firearm safety education;
979 (B) incorporates current information on how to recognize suicidal behaviors and
980 identify individuals who may be suicidal; and
981 (C) provides information regarding crisis intervention resources;
982 (b) distributing, free of charge, the firearm safety packet to the following persons, who
983 shall make the firearm safety packet available free of charge:
984 (i) health care providers, including emergency rooms;
985 (ii) mobile crisis outreach teams;
986 (iii) mental health practitioners;
987 (iv) other public health suicide prevention organizations;
988 (v) entities that teach firearm safety courses;
989 (vi) school districts for use in the seminar, described in Section 53G-9-702, for parents
990 of students in the school district; and
991 (vii) firearm dealers to be distributed in accordance with Section 76-10-526;
992 (c) creating and administering a rebate program that includes a rebate that offers
993 between $10 and $200 off the purchase price of a firearm safe from a participating firearms
994 dealer or a person engaged in the business of selling firearm safes in Utah, by a Utah resident;
995 (d) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
996 making rules that establish procedures for:
997 (i) producing and distributing the suicide prevention education course and the firearm
998 safety brochures and packets;
999 (ii) procuring the cable-style gun locks for distribution; and
1000 (iii) administering the rebate program; and
1001 (e) reporting to the Health and Human Services Interim Committee regarding
1002 implementation and success of the firearm safety program and suicide prevention education
1003 course at or before the November meeting each year.
1004 (4) (a) The division may refuse to contract with and may pursue legal remedies against
1005 any local substance abuse authority or local mental health authority that fails, or has failed, to
1006 expend public funds in accordance with state law, division policy, contract provisions, or
1007 directives issued in accordance with state law.
1008 (b) The division may withhold funds from a local substance abuse authority or local
1009 mental health authority if the authority's contract provider of substance abuse or mental health
1010 programs or services fails to comply with state and federal law or policy.
1011 (5) (a) Before reissuing or renewing a contract with any local substance abuse authority
1012 or local mental health authority, the division shall review and determine whether the local
1013 substance abuse authority or local mental health authority is complying with the oversight and
1014 management responsibilities described in Sections 17-43-201, 17-43-203, 17-43-303, and
1015 17-43-309.
1016 (b) Nothing in this Subsection (5) may be used as a defense to the responsibility and
1017 liability described in Section 17-43-303 and to the responsibility and liability described in
1018 Section 17-43-203.
1019 (6) In carrying out the division's duties and responsibilities, the division may not
1020 duplicate treatment or educational facilities that exist in other divisions or departments of the
1021 state, but shall work in conjunction with those divisions and departments in rendering the
1022 treatment or educational services that those divisions and departments are competent and able
1023 to provide.
1024 (7) The division may accept in the name of and on behalf of the state donations, gifts,
1025 devises, or bequests of real or personal property or services to be used as specified by the
1026 donor.
1027 (8) The division shall annually review with each local substance abuse authority and
1028 each local mental health authority the authority's statutory and contract responsibilities
1029 regarding:
1030 (a) use of public funds;
1031 (b) oversight of public funds; and
1032 (c) governance of substance use disorder and mental health programs and services.
1033 (9) The Legislature may refuse to appropriate funds to the division upon the division's
1034 failure to comply with the provisions of this part.
1035 (10) If a local substance abuse authority contacts the division under Subsection
1036 17-43-201(10) for assistance in providing treatment services to a pregnant woman or pregnant
1037 minor, the division shall:
1038 (a) refer the pregnant woman or pregnant minor to a treatment facility that has the
1039 capacity to provide the treatment services; or
1040 (b) otherwise ensure that treatment services are made available to the pregnant woman
1041 or pregnant minor.
1042 (11) The division shall employ a school-based mental health specialist to be housed at
1043 the State Board of Education who shall work with the State Board of Education to:
1044 (a) provide coordination between a local education agency and local mental health
1045 authority;
1046 (b) recommend evidence-based and evidence informed mental health screenings and
1047 intervention assessments for a local education agency; and
1048 (c) coordinate with the local community, including local departments of health, to
1049 enhance and expand mental health related resources for a local education agency.
1050 Section 3. Section 26B-5-103, which is renumbered from Section 62A-15-104 is
1051 renumbered and amended to read:
1052 [
1053 (1) The executive director shall appoint a director within the division to carry out all or
1054 part of the duties and responsibilities described in this part.
1055 (2) The director appointed under Subsection (1) shall have a bachelor's degree from an
1056 accredited university or college, be experienced in administration, and be knowledgeable in
1057 matters concerning substance abuse and mental health.
1058 Section 4. Section 26B-5-104, which is renumbered from Section 62A-15-105 is
1059 renumbered and amended to read:
1060 [
1061 The division shall set policy for its operation and for programs funded with state and
1062 federal money under Sections 17-43-201, 17-43-301, 17-43-304, and [
1063 The division shall:
1064 (1) in establishing rules, seek input from local substance abuse authorities, local mental
1065 health authorities, consumers, providers, advocates, division staff, and other interested parties
1066 as determined by the division;
1067 (2) establish, by rule, minimum standards for local substance abuse authorities and
1068 local mental health authorities;
1069 (3) establish, by rule, procedures for developing policies that ensure that local
1070 substance abuse authorities and local mental health authorities are given opportunity to
1071 comment and provide input on any new policy of the division or proposed changes in existing
1072 rules of the division;
1073 (4) provide a mechanism for review of its existing policy, and for consideration of
1074 policy changes that are proposed by local substance abuse authorities or local mental health
1075 authorities;
1076 (5) develop program policies, standards, rules, and fee schedules for the division; and
1077 (6) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
1078 make rules approving the form and content of substance abuse treatment, educational series,
1079 screening, and assessment that are described in Section 41-6a-501.
1080 Section 5. Section 26B-5-105, which is renumbered from Section 62A-15-105.2 is
1081 renumbered and amended to read:
1082 [
1083 services.
1084 (1) As used in this section, "recipient" means an individual who is:
1085 (a) undergoing treatment for a substance abuse problem; or
1086 (b) suffers from a mental illness.
1087 (2) When providing services to a recipient, the division shall, within funds
1088 appropriated by the Legislature and in accordance with the requirements of federal and state
1089 law and memorandums of understanding between the division and other state entities that
1090 provide services to a recipient, give priority to providing services that assist an eligible
1091 recipient in obtaining and retaining meaningful and gainful employment that enables the
1092 recipient to earn sufficient income to:
1093 (a) purchase goods and services;
1094 (b) establish self-sufficiency; and
1095 (c) exercise economic control of the recipient's life.
1096 (3) The division shall develop a written plan to implement the policy described in
1097 Subsection (2) that includes:
1098 (a) assessing the strengths and needs of a recipient;
1099 (b) customizing strength-based approaches to obtaining employment;
1100 (c) expecting, encouraging, providing, and rewarding:
1101 (i) integrated employment in the workplace at competitive wages and benefits; and
1102 (ii) self-employment;
1103 (d) developing partnerships with potential employers;
1104 (e) maximizing appropriate employment training opportunities;
1105 (f) coordinating services with other government agencies and community resources;
1106 (g) to the extent possible, eliminating practices and policies that interfere with the
1107 policy described in Subsection (2); and
1108 (h) arranging sub-minimum wage work or volunteer work for an eligible recipient
1109 when employment at market rates cannot be obtained.
1110 (4) The division shall, on an annual basis:
1111 (a) set goals to implement the policy described in Subsection (2) and the plan described
1112 in Subsection (3);
1113 (b) determine whether the goals for the previous year have been met; and
1114 (c) modify the plan described in Subsection (3) as needed.
1115 Section 6. Section 26B-5-106, which is renumbered from Section 62A-15-107 is
1116 renumbered and amended to read:
1117 [
1118 The division may, with the approval of the Legislature and the executive director,
1119 establish fee schedules and assess fees for services rendered by the division.
1120 Section 7. Section 26B-5-107, which is renumbered from Section 62A-15-108 is
1121 renumbered and amended to read:
1122 [
1123 substance abuse authorities and local mental health authorities.
1124 (1) (a) The division shall establish, by rule, formulas for allocating funds to local
1125 substance abuse authorities and local mental health authorities through contracts, to provide
1126 substance abuse prevention and treatment services in accordance with the provisions of this
1127 chapter and Title 17, Chapter 43, Part 2, Local Substance Abuse Authorities, and mental health
1128 services in accordance with the provisions of this chapter and Title 17, Chapter 43, Part 3,
1129 Local Mental Health Authorities.
1130 (b) The formulas shall provide for allocation of funds based on need. Determination of
1131 need shall be based on population unless the division establishes, by valid and accepted data,
1132 that other defined factors are relevant and reliable indicators of need.
1133 (c) The formulas shall include a differential to compensate for additional costs of
1134 providing services in rural areas.
1135 (2) The formulas established under Subsection (1) apply to all state and federal funds
1136 appropriated by the Legislature to the division for local substance abuse authorities and local
1137 mental health authorities, but does not apply to:
1138 (a) funds that local substance abuse authorities and local mental health authorities
1139 receive from sources other than the division;
1140 (b) funds that local substance abuse authorities and local mental health authorities
1141 receive from the division to operate specific programs within their jurisdictions which are
1142 available to all residents of the state;
1143 (c) funds that local substance abuse authorities and local mental health authorities
1144 receive from the division to meet needs that exist only within their local areas; and
1145 (d) funds that local substance abuse authorities and local mental health authorities
1146 receive from the division for research projects.
1147 Section 8. Section 26B-5-108, which is renumbered from Section 62A-15-110 is
1148 renumbered and amended to read:
1149 [
1150 services -- Provisions -- Responsibilities.
1151 (1) If the division contracts with a local substance abuse authority or a local mental
1152 health authority to provide substance abuse or mental health programs and services in
1153 accordance with the provisions of this chapter and Title 17, Chapter 43, Part 2, Local
1154 Substance Abuse Authorities, or Title 17, Chapter 43, Part 3, Local Mental Health Authorities,
1155 it shall ensure that those contracts include at least the following provisions:
1156 (a) that an independent auditor shall conduct any audit of the local substance abuse
1157 authority or its contract provider's programs or services and any audit of the local mental health
1158 authority or its contract provider's programs or services, pursuant to the provisions of Title 51,
1159 Chapter 2a, Accounting Reports from Political Subdivisions, Interlocal Organizations, and
1160 Other Local Entities Act;
1161 (b) in addition to the requirements described in Title 51, Chapter 2a, Accounting
1162 Reports from Political Subdivisions, Interlocal Organizations, and Other Local Entities Act, the
1163 division:
1164 (i) shall prescribe guidelines and procedures, in accordance with those formulated by
1165 the state auditor pursuant to Section 67-3-1, for auditing the compensation and expenses of
1166 officers, directors, and specified employees of the private contract provider, to assure the state
1167 that no personal benefit is gained from travel or other expenses; and
1168 (ii) may prescribe specific items to be addressed by that audit, depending upon the
1169 particular needs or concerns relating to the local substance abuse authority, local mental health
1170 authority, or contract provider at issue;
1171 (c) the local substance abuse authority or its contract provider and the local mental
1172 health authority and its contract provider shall invite and include all funding partners in its
1173 auditor's pre- and exit conferences;
1174 (d) each member of the local substance abuse authority and each member of the local
1175 mental health authority shall annually certify that he has received and reviewed the independent
1176 audit and has participated in a formal interview with the provider's executive officers;
1177 (e) requested information and outcome data will be provided to the division in the
1178 manner and within the time lines defined by the division; and
1179 (f) all audit reports by state or county persons or entities concerning the local substance
1180 abuse authority or its contract provider, or the local mental health authority or its contract
1181 provider shall be provided to the executive director of the department, the local substance
1182 abuse authority or local mental health authority, and members of the contract provider's
1183 governing board.
1184 (2) Each contract between the division and a local substance abuse authority or a local
1185 mental health authority shall authorize the division to withhold funds, otherwise allocated
1186 under Section [
1187 expenditures associated with reviewing the expenditure of public funds by a local substance
1188 abuse authority or its contract provider or a local mental health authority or its contract
1189 provider, if there has been an audit finding or judicial determination that public funds have
1190 been misused by the local substance abuse authority or its contract provider or the local mental
1191 health authority or its contract provider.
1192 Section 9. Section 26B-5-109, which is renumbered from Section 62A-15-113 is
1193 renumbered and amended to read:
1194 [
1195 (1) To facilitate the distribution of newly appropriated funds beginning from fiscal year
1196 2018 for prevention, treatment, and recovery support services that reduce recidivism or reduce
1197 the per capita number of incarcerated offenders with a substance use disorder or a mental
1198 health disorder, the division shall:
1199 (a) form an application review and fund distribution committee that includes:
1200 (i) one representative of the Utah Sheriffs' Association;
1201 (ii) one representative of the Statewide Association of Prosecutors of Utah;
1202 (iii) two representatives from the division; and
1203 (iv) two representatives from the Utah Association of Counties; and
1204 (b) require the application review and fund distribution committee to:
1205 (i) establish a competitive application process for funding of a local plan, as described
1206 in Sections 17-43-201(5)(b) and 17-43-301(6)(a)(ii);
1207 (ii) establish criteria in accordance with Subsection (1) for the evaluation of an
1208 application;
1209 (iii) ensure that the committee members' affiliate groups approve of the application
1210 process and criteria;
1211 (iv) evaluate applications; and
1212 (v) distribute funds to programs implemented by counties, local mental health
1213 authorities, or local substance abuse authorities.
1214 (2) Demonstration of matching county funds is not a requirement to receive funds, but
1215 the application review committee may take into consideration the existence of matching funds
1216 when determining which programs to fund.
1217 Section 10. Section 26B-5-110, which is renumbered from Section 62A-15-103.1 is
1218 renumbered and amended to read:
1219 [
1220 Definitions -- Grant requirements.
1221 (1) As used in this section, "bureau" means the Bureau of Criminal Identification
1222 created in Section 53-10-201 within the Department of Public Safety.
1223 (2) There is created a Suicide Prevention Education Program to fund suicide
1224 prevention education opportunities for federally licensed firearms dealers who operate a retail
1225 establishment open to the public and the dealers' employees.
1226 (3) The division, in conjunction with the bureau, shall provide a grant to an employer
1227 described in Subsection (2) in accordance with the criteria provided in Subsection
1228 [
1229 (4) An employer may apply for a grant of up to $2,500 under the program.
1230 Section 11. Section 26B-5-111, which is renumbered from Section 62A-15-115 is
1231 renumbered and amended to read:
1232 [
1233 (1) The division shall award grants to communities to conduct mental health crisis
1234 response training.
1235 (2) For the application and award of the grants described in Subsection (1), the division
1236 shall make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking
1237 Act, that determine:
1238 (a) the requirements and process for a community to apply for a grant; and
1239 (b) the substantive mental health crisis response programs that qualify for the award of
1240 a grant.
1241 Section 12. Section 26B-5-112, which is renumbered from Section 62A-15-116 is
1242 renumbered and amended to read:
1243 [
1244 (1) In consultation with the Behavioral Health Crisis Response Commission,
1245 established in Section 63C-18-202, the division shall award grants for the development of:
1246 (a) five mobile crisis outreach teams:
1247 (i) in counties of the second, third, fourth, fifth, or sixth class; or
1248 (ii) in counties of the first class, if no more than two mobile crisis outreach teams are
1249 operating or have been awarded a grant to operate in the county; and
1250 (b) at least three mobile crisis outreach teams in counties of the third, fourth, fifth, or
1251 sixth class.
1252 (2) A mobile crisis outreach team awarded a grant under Subsection (1) shall provide
1253 mental health crisis services 24 hours per day, 7 days per week, and every day of the year.
1254 (3) The division shall prioritize the award of a grant described in Subsection (1) to
1255 entities, based on:
1256 (a) the number of individuals the proposed mobile crisis outreach team will serve; and
1257 (b) the percentage of matching funds the entity will provide to develop the proposed
1258 mobile crisis outreach team.
1259 (4) An entity does not need to have resources already in place to be awarded a grant
1260 described in Subsection (1).
1261 (5) In consultation with the Behavioral Health Crisis Response Commission,
1262 established in Section 63C-18-202, the division shall make rules, in accordance with Title 63G,
1263 Chapter 3, Utah Administrative Rulemaking Act, for the application and award of the grants
1264 described in Subsection (1).
1265 Section 13. Section 26B-5-113, which is renumbered from Section 62A-15-117 is
1266 renumbered and amended to read:
1267 [
1268 services -- Report to Legislature.
1269 (1) As used in this section, "individualized education program" or "IEP" means a
1270 written statement for a student with a disability that is developed, reviewed, and revised in
1271 accordance with the Individuals with Disabilities Education Act, 20 U.S.C. Sec. 1400 et seq.
1272 (2) The division shall coordinate with the State Board of Education, the Department of
1273 Health, and stakeholders to address and develop recommendations related to:
1274 (a) the expansion of Medicaid reimbursement for school-based health services,
1275 including how to expand Medicaid-eligible school-based services beyond the services for
1276 students with IEPs; and
1277 (b) other areas concerning Medicaid reimbursement for school-based health services,
1278 including the time threshold for medically necessary IEP services.
1279 [
1280
1281
1282 Section 14. Section 26B-5-114, which is renumbered from Section 62A-15-118 is
1283 renumbered and amended to read:
1284 [
1285 Program.
1286 (1) As used in this section:
1287 (a) "Behavioral health receiving center" means a 23-hour nonsecure program or facility
1288 that is responsible for, and provides mental health crisis services to, an individual experiencing
1289 a mental health crisis.
1290 (b) "Project" means a behavioral health receiving center project described in
1291 Subsection (2)(a).
1292 (2) (a) (i) Before July 1, 2020, the division shall issue a request for proposals in
1293 accordance with this section to award a grant to one or more counties of the first or second
1294 class, as classified in Section 17-50-501, to, except as provided in Subsection (2)(a)(ii),
1295 develop and implement a behavioral health receiving center.
1296 (ii) A grant awarded under Subsection (2)(a)(i) may not be used to purchase land for
1297 the behavioral health receiving center.
1298 (b) The division shall award all grants under this section before December 31, 2020.
1299 (3) The purpose of a project is to:
1300 (a) increase access to mental health crisis services for individuals in the state who are
1301 experiencing a mental health crisis; and
1302 (b) reduce the number of individuals in the state who are incarcerated or in a hospital
1303 emergency room while experiencing a mental health crisis.
1304 (4) An application for a grant under this section shall:
1305 (a) identify the population to which the behavioral health receiving center will provide
1306 mental health crisis services;
1307 (b) identify the type of mental health crisis services the behavioral health receiving
1308 center will provide;
1309 (c) explain how the population described in Subsection (4)(a) will benefit from the
1310 provision of mental health crisis services;
1311 (d) provide details regarding:
1312 (i) how the proposed project plans to provide mental health crisis services;
1313 (ii) how the proposed project will ensure that consideration is given to the capacity of
1314 the behavioral health receiving center;
1315 (iii) how the proposed project will ensure timely and effective provision of mental
1316 health crisis services;
1317 (iv) the cost of the proposed project;
1318 (v) any existing or planned contracts or partnerships between the applicant and other
1319 individuals or entities to develop and implement the proposed project;
1320 (vi) any plan to use funding sources in addition to a grant under this section for the
1321 proposed project;
1322 (vii) the sustainability of the proposed project; and
1323 (viii) the methods the proposed project will use to:
1324 (A) protect the privacy of each individual who receives mental health crisis services
1325 from the behavioral health receiving center;
1326 (B) collect nonidentifying data relating to the proposed project; and
1327 (C) provide transparency on the costs and operation of the proposed project; and
1328 (e) provide other information requested by the division to ensure that the proposed
1329 project satisfies the criteria described in Subsection (5).
1330 (5) In evaluating an application for the grant, the division shall consider:
1331 (a) the extent to which the proposed project will fulfill the purposes described in
1332 Subsection (3);
1333 (b) the extent to which the population described in Subsection (4)(a) is likely to benefit
1334 from the proposed project;
1335 (c) the cost of the proposed project;
1336 (d) the extent to which any existing or planned contracts or partnerships between the
1337 applicant and other individuals or entities to develop and implement the project, or additional
1338 funding sources available to the applicant for the proposed project, are likely to benefit the
1339 proposed project; and
1340 (e) the viability and innovation of the proposed project.
1341 (6) Before June 30, 2021, the division shall report to the Health and Human Services
1342 Interim Committee regarding:
1343 (a) each county awarded a grant under this section; and
1344 (b) the details of each project.
1345 (7) Before June 30, 2023, the division shall report to the Health and Human Services
1346 Interim Committee regarding:
1347 (a) data gathered in relation to each project;
1348 (b) knowledge gained relating to the provision of mental health crisis services in a
1349 behavioral health receiving center;
1350 (c) recommendations for the future use of mental health crisis services in behavioral
1351 health receiving centers; and
1352 (d) obstacles encountered in the provision of mental health crisis services in a
1353 behavioral health receiving center.
1354 Section 15. Section 26B-5-115, which is renumbered from Section 62A-15-119 is
1355 renumbered and amended to read:
1356 [
1357 (1) As used in this section, "individuals in underserved communities" means
1358 individuals living in culturally isolated communities in the state who may lack access to public
1359 assistance and other government services.
1360 (2) There is created within the division the Safety Net Initiative to:
1361 (a) implement strategies to increase awareness and reduce risk factors in order to
1362 improve the safety and well-being of individuals in underserved communities;
1363 (b) coordinate with government agencies, nonprofit organizations, and interested
1364 individuals to provide open communication with individuals in underserved communities; and
1365 (c) coordinate efforts to give individuals in underserved communities needed access to
1366 public assistance and other government services.
1367 (3) The division may employ or contract with individuals, entities, and support staff as
1368 necessary to administer the duties required by this section.
1369 Section 16. Section 26B-5-116, which is renumbered from Section 62A-15-121 is
1370 renumbered and amended to read:
1371 [
1372 (1) As used in this section, "technical assistance" means training for the prevention of
1373 suicide.
1374 (2) (a) Before July 1, 2021, and each subsequent July 1, the division shall solicit
1375 applications from health care organizations to receive technical assistance provided by the
1376 division.
1377 (b) The division shall approve at least one but not more than six applications each year.
1378 (c) The division shall determine which applicants receive the technical assistance
1379 before December 31 of each year.
1380 (3) An application for technical assistance under this section shall:
1381 (a) identify the population to whom the health care organization will provide suicide
1382 prevention services;
1383 (b) identify how the health care organization plans to implement the skills and
1384 knowledge gained from the technical assistance;
1385 (c) identify the health care organization's current resources used for the prevention of
1386 suicide;
1387 (d) explain how the population described in Subsection (3)(a) will benefit from the
1388 health care organization receiving technical assistance;
1389 (e) provide details regarding:
1390 (i) how the health care organization will provide timely and effective suicide
1391 prevention services;
1392 (ii) any existing or planned contracts or partnerships between the health care
1393 organization and other persons that are related to suicide prevention;
1394 (iii) the methods the health care organization will use to:
1395 (A) protect the privacy of each individual to whom the health care organization
1396 provides suicide prevention services; and
1397 (B) collect non-identifying data; and
1398 (f) provide other information requested by the division for the division to evaluate the
1399 application.
1400 (4) In evaluating an application for technical assistance, the division shall consider:
1401 (a) the extent to which providing technical assistance to the health care organization
1402 will fulfill the purpose of preventing suicides in the state;
1403 (b) the extent to which the population described in Subsection (3)(a) is likely to benefit
1404 from the health care organization receiving the technical assistance;
1405 (c) the cost of providing the technical assistance to the health care organization; and
1406 (d) the extent to which any of the following are likely to benefit the heath care
1407 organization's ability to assist in preventing suicides in the state:
1408 (i) existing or planned contracts or partnerships between the applicant and other
1409 persons to develop and implement other initiatives; or
1410 (ii) additional funding sources available to the applicant for suicide prevention
1411 services.
1412 (5) Before June 30, 2022, and each subsequent June 30, the division shall submit a
1413 written report to the Health and Human Services Interim Committee regarding each health care
1414 organization the division provided technical assistance to in the preceding year under this
1415 section.
1416 (6) Before June 30, 2024, the division shall submit a written report to the Health and
1417 Human Services Interim Committee regarding:
1418 (a) data gathered in relation to providing technical assistance to a health care
1419 organization;
1420 (b) knowledge gained relating to providing technical assistance;
1421 (c) recommendations for the future regarding how the state can better prevent suicides;
1422 and
1423 (d) obstacles encountered when providing technical assistance.
1424 Section 17. Section 26B-5-117, which is renumbered from Section 62A-15-122 is
1425 renumbered and amended to read:
1426 [
1427 program.
1428 (1) As used in this section:
1429 (a) "Child care" means the child care services defined in Section 35A-3-102 for a child
1430 during early childhood.
1431 (b) "Child care provider" means a person who provides child care or mental health
1432 support or interventions to a child during early childhood.
1433 (c) "Early childhood" means the time during which a child is zero to six years old.
1434 (d) "Project" means a project to provide education and training to child care providers
1435 regarding evidence-based best practices for delivery of mental health support and interventions
1436 during early childhood.
1437 (2) On or before July 1, 2021, the division shall issue a request for proposals in
1438 accordance with this section to award a grant to a public or nonprofit entity to implement a
1439 project.
1440 (3) The purpose of a project is to facilitate education about early childhood mental
1441 health support and interventions.
1442 (4) An application for a grant under this section shall provide details regarding:
1443 (a) the education and training regarding early childhood mental health support and
1444 interventions that the proposed project will provide to child care providers;
1445 (b) how the proposed project plans to provide the education and training to child care
1446 providers;
1447 (c) the number of child care providers served by the proposed project;
1448 (d) how the proposed project will ensure the education and training is effectively
1449 provided to child care providers;
1450 (e) the cost of the proposed project; and
1451 (f) the sustainability of the proposed project.
1452 (5) In evaluating a project proposal for a grant under this section, the division shall
1453 consider:
1454 (a) the extent to which the proposed project will fulfill the purpose described in
1455 Subsection (3);
1456 (b) the extent to which child care providers that will be served by the proposed project
1457 are likely to benefit from the proposed project;
1458 (c) the cost of the proposed project; and
1459 (d) the viability of the proposed project.
1460 [
1461
1462 [
1463 [
1464 [
1465 Services Interim Committee regarding:
1466 (a) any knowledge gained from providing the education and training regarding early
1467 childhood mental health support to child care providers;
1468 (b) data gathered in relation to each project;
1469 (c) recommendations for the future use of the education and training provided to child
1470 care providers; and
1471 (d) obstacles encountered in providing the education and training to child care
1472 providers.
1473 Section 18. Section 26B-5-118, which is renumbered from Section 62A-15-124 is
1474 renumbered and amended to read:
1475 [
1476 (1) As used in this section:
1477 (a) "Applicant" means a small primary health care practice that applies for a grant
1478 under this section.
1479 (b) "Care manager" means an individual who plans, directs, and coordinates health care
1480 services for a patient.
1481 (c) "Collaborative care model" means a formal collaborative arrangement between a
1482 primary care physician, a mental health professional, and a care manager, to provide integrated
1483 physical and behavioral health services.
1484 (d) "Mental health professional" means an individual licensed under Title 58, Chapter
1485 60, Mental Health Professional Practice Act, or Title 58, Chapter 61, Psychologist Licensing
1486 Act, or a psychiatrist.
1487 (e) "Physician" means an individual licensed to practice as a physician or osteopath
1488 under Title 58, Chapter 67, Utah Medical Practice Act, or Title 58, Chapter 68, Utah
1489 Osteopathic Medical Practice Act.
1490 (f) "Primary care physician" means a physician that provides health services related to
1491 family medicine, internal medicine, pediatrics, obstetrics, gynecology, or geriatrics.
1492 (g) "Program" means a program described in Subsection (2)(a).
1493 (h) "Psychiatrist" means a physician who is board eligible for a psychiatry
1494 specialization recognized by the American Board of Medical Specialists or the American
1495 Osteopathic Association's Bureau of Osteopathic Specialists.
1496 (i) "Small primary health care practice" means a medical practice of primary health
1497 care physicians that:
1498 (i) includes 10 or fewer primary care physicians; or
1499 (ii) is primarily based in a county of the third through sixth class, as classified in
1500 Section 17-50-501.
1501 (2) (a) Before July 1, 2022, the division shall solicit applications from small primary
1502 health care practices for a grant to support or implement a program to provide integrated
1503 physical and behavioral health services under a collaborative care model.
1504 (b) A grant under this section may be used to:
1505 (i) hire and train staff to administer a program;
1506 (ii) identify and formalize contractual relationships with mental health professionals
1507 and case managers to implement a program; or
1508 (iii) purchase or upgrade software and other resources necessary to support or
1509 implement a program.
1510 (c) The division shall approve at least one but not more than six applications each year.
1511 (d) The division shall determine which applicants receive a grant under this section
1512 before December 31, 2022.
1513 (3) An application for a grant under this section shall:
1514 (a) identify the population to whom the applicant will provide services under a
1515 program;
1516 (b) identify the small primary health care practice's current resources that are used to
1517 provide integrated physical and behavioral health services;
1518 (c) explain how the population described in Subsection (3)(a) will benefit from the
1519 program;
1520 (d) provide details regarding:
1521 (i) how the applicant will provide timely and effective services under the program;
1522 (ii) any existing or planned contracts or partnerships between the applicant and other
1523 persons that are related to a collaborative care model;
1524 (iii) the methods the applicant will use to:
1525 (A) protect the privacy of each individual to whom the applicant provides services
1526 under the program; and
1527 (B) collect non-identifying data; and
1528 (e) provide other information requested by the division for the division to evaluate the
1529 application.
1530 (4) In evaluating an application for a grant under this section, the division shall
1531 consider:
1532 (a) the extent to which providing the grant to the applicant will fulfill the purpose of
1533 providing increased integrated physical and behavioral health services; and
1534 (b) the extent to which the population described in Subsection (3)(a) is likely to benefit
1535 from the applicant receiving the grant.
1536 (5) Before July 1, 2023, the division shall submit a written report to the Health and
1537 Human Services Interim Committee regarding each applicant the division provided a grant to
1538 in the preceding year under this section.
1539 (6) Before July 1, 2024, the division shall submit a written report to the Health and
1540 Human Services Interim Committee regarding:
1541 (a) data gathered and knowledge gained in relation to providing grants to an applicant;
1542 and
1543 (b) recommendations for how the state can better implement integrated physical and
1544 behavioral health services.
1545 Section 19. Section 26B-5-119, which is renumbered from Section 62A-15-615 is
1546 renumbered and amended to read:
1547 [
1548 The division shall furnish the clerks of the [
1549 warrants, and certificates, to enable [
1550 comply with the provisions of this chapter.
1551 Section 20. Section 26B-5-201, which is renumbered from Section 62A-15-202 is
1552 renumbered and amended to read:
1553
1554 [
1555 As used in this part:
1556 (1) "Juvenile substance abuse offender" means any minor who has committed a drug or
1557 alcohol related offense under the jurisdiction of the juvenile court in accordance with Section
1558 78A-6-103.
1559 (2) "Local substance abuse authority" means a county legislative body designated to
1560 provide substance abuse services in accordance with Section 17-43-201.
1561 (3) "Minor" means the same as that term is defined in Section 80-1-102.
1562 (4) "Teen substance abuse school" means any school established by the local substance
1563 abuse authority, in cooperation with the Board of Juvenile Court Judges, that provides an
1564 educational, interpersonal, skill-building experience for juvenile substance abuse offenders and
1565 their parents or legal guardians.
1566 Section 21. Section 26B-5-202, which is renumbered from Section 62A-15-203 is
1567 renumbered and amended to read:
1568 [
1569 The division or a local substance abuse authority, in cooperation with the Board of
1570 Juvenile Court Judges, may establish teen substance abuse schools in the districts of the
1571 juvenile court.
1572 Section 22. Section 26B-5-203, which is renumbered from Section 62A-15-204 is
1573 renumbered and amended to read:
1574 [
1575 Assessments.
1576 (1) In addition to any other disposition ordered by the juvenile court under Section
1577 80-6-701, the court may order:
1578 (a) a minor and the minor's parent or legal guardian to attend a teen substance abuse
1579 school; and
1580 (b) payment of an assessment in addition to any other fine imposed.
1581 (2) All assessments collected shall be forwarded to the county treasurer of the county
1582 where the minor resides, to be used exclusively for the operation of a teen substance abuse
1583 program.
1584 Section 23. Section 26B-5-204, which is renumbered from Section 62A-15-301 is
1585 renumbered and amended to read:
1586 [
1587 facility or program -- Procedures -- Review.
1588 (1) [
1589 (a) "Approved treatment facility or program" means a public or private secure,
1590 inpatient facility or program that is licensed or operated by the department or by the
1591 Department of Health to provide drug or alcohol treatment or rehabilitation.
1592 (b) "Drug or alcohol addiction" means that the person has a physical or psychological
1593 dependence on drugs or alcohol in a manner not prescribed by a physician.
1594 (2) The parent or legal guardian of a minor under the age of 18 years may submit that
1595 child, without the child's consent, to an approved treatment facility or program for treatment or
1596 rehabilitation of drug or alcohol addiction, upon application to a facility or program, and after a
1597 careful diagnostic inquiry is made by a neutral and detached fact finder, in accordance with the
1598 requirements of this section.
1599 (3) The neutral fact finder who conducts the inquiry:
1600 (a) shall be either a physician, psychologist, marriage and family therapist, psychiatric
1601 and mental health nurse specialist, or social worker licensed to practice in this state, who is
1602 trained and practicing in the area of substance abuse; and
1603 (b) may not profit, financially or otherwise, from the commitment of the child and may
1604 not be employed by the proposed facility or program.
1605 (4) The review by a neutral fact finder may be conducted on the premises of the
1606 proposed treatment facility or program.
1607 (5) The inquiry conducted by the neutral fact finder shall include a private interview
1608 with the child, and an evaluation of the child's background and need for treatment.
1609 (6) The child may be committed to the approved treatment facility or program if it is
1610 determined by the neutral fact finder that:
1611 (a) the child is addicted to drugs or alcohol and because of that addiction poses a
1612 serious risk of harm to himself or others;
1613 (b) the proposed treatment or rehabilitation is in the child's best interest; and
1614 (c) there is no less restrictive alternative that would be equally as effective, from a
1615 clinical standpoint, as the proposed treatment facility or program.
1616 (7) Any approved treatment facility or program that receives a child under this section
1617 shall conduct a periodic review, at intervals not to exceed 30 days, to determine whether the
1618 criteria described in Subsection (6) continue to exist.
1619 (8) A minor committed under this section shall be released from the facility or program
1620 upon the request of his parent or legal guardian.
1621 (9) Commitment of a minor under this section terminates when the minor reaches the
1622 age of 18 years.
1623 (10) Nothing in this section requires a program or facility to accept any person for
1624 treatment or rehabilitation.
1625 (11) The parent or legal guardian who requests commitment of a minor under this
1626 section is responsible to pay any fee associated with the review required by this section and any
1627 necessary charges for commitment, treatment, or rehabilitation for a minor committed under
1628 this section.
1629 (12) The child shall be released from commitment unless the report of the neutral fact
1630 finder is submitted to the juvenile court within 72 hours of commitment and approved by the
1631 court.
1632 Section 24. Section 26B-5-205, which is renumbered from Section 62A-15-401 is
1633 renumbered and amended to read:
1634 [
1635 (1) As used in this [
1636 (a) "Instructor" means a person that directly provides the instruction during an alcohol
1637 training and education seminar for a seminar provider.
1638 (b) "Licensee" means a person who is:
1639 (i) (A) a new or renewing licensee under Title 32B, Alcoholic Beverage Control Act;
1640 and
1641 (B) engaged in the retail sale of an alcoholic product for consumption on the premises
1642 of the licensee; or
1643 (ii) a business that is:
1644 (A) a new or renewing licensee licensed by a city, town, or county; and
1645 (B) engaged in the retail sale of beer for consumption off the premises of the licensee.
1646 (c) "Off-premise beer retailer" is as defined in Section 32B-1-102.
1647 (d) "Seminar provider" means a person other than the division who provides an alcohol
1648 training and education seminar meeting the requirements of this section.
1649 (2) (a) This section applies to:
1650 (i) a retail manager as defined in Section 32B-1-701;
1651 (ii) retail staff as defined in Section 32B-1-701; and
1652 (iii) an individual who, as defined by division rule:
1653 (A) directly supervises the sale of beer to a customer for consumption off the premises
1654 of an off-premise beer retailer; or
1655 (B) sells beer to a customer for consumption off the premises of an off-premise beer
1656 retailer.
1657 (b) If the individual does not have a valid record that the individual has completed an
1658 alcohol training and education seminar, an individual described in Subsection (2)(a) shall:
1659 (i) (A) complete an alcohol training and education seminar within 30 days of the
1660 following if the individual is described in Subsection (2)(a)(i) or (ii):
1661 (I) if the individual is an employee, the day the individual begins employment;
1662 (II) if the individual is an independent contractor, the day the individual is first hired;
1663 or
1664 (III) if the individual holds an ownership interest in the licensee, the day that the
1665 individual first engages in an activity that would result in that individual being required to
1666 complete an alcohol training and education seminar; or
1667 (B) complete an alcohol training and education seminar within the time periods
1668 specified in Subsection 32B-1-703(1) if the individual is described in Subsection (2)(a)(iii)(A)
1669 or (B); and
1670 (ii) pay a fee:
1671 (A) to the seminar provider; and
1672 (B) that is equal to or greater than the amount established under Subsection (4)(h).
1673 (c) An individual shall have a valid record that the individual completed an alcohol
1674 training and education seminar within the time period provided in this Subsection (2) to engage
1675 in an activity described in Subsection (2)(a).
1676 (d) A record that an individual has completed an alcohol training and education
1677 seminar is valid for:
1678 (i) three years from the day on which the record is issued for an individual described in
1679 Subsection (2)(a)(i) or (ii); and
1680 (ii) five years from the day on which the record is issued for an individual described in
1681 Subsection (2)(a)(iii)(A) or (B).
1682 (e) On and after July 1, 2011, to be considered as having completed an alcohol training
1683 and education seminar, an individual shall:
1684 (i) attend the alcohol training and education seminar and take any test required to
1685 demonstrate completion of the alcohol training and education seminar in the physical presence
1686 of an instructor of the seminar provider; or
1687 (ii) complete the alcohol training and education seminar and take any test required to
1688 demonstrate completion of the alcohol training and education seminar through an online course
1689 or testing program that meets the requirements described in Subsection (2)(f).
1690 (f) The division shall by rule made in accordance with Title 63G, Chapter 3, Utah
1691 Administrative Rulemaking Act, establish one or more requirements for an online course or
1692 testing program described in Subsection (2)(e) that are designed to inhibit fraud in the use of
1693 the online course or testing program. In developing the requirements by rule the division shall
1694 consider whether to require:
1695 (i) authentication that the an individual accurately identifies the individual as taking the
1696 online course or test;
1697 (ii) measures to ensure that an individual taking the online course or test is focused on
1698 training material throughout the entire training period;
1699 (iii) measures to track the actual time an individual taking the online course or test is
1700 actively engaged online;
1701 (iv) a seminar provider to provide technical support, such as requiring a telephone
1702 number, email, or other method of communication that allows an individual taking the online
1703 course or test to receive assistance if the individual is unable to participate online because of
1704 technical difficulties;
1705 (v) a test to meet quality standards, including randomization of test questions and
1706 maximum time limits to take a test;
1707 (vi) a seminar provider to have a system to reduce fraud as to who completes an online
1708 course or test, such as requiring a distinct online certificate with information printed on the
1709 certificate that identifies the person taking the online course or test, or requiring measures to
1710 inhibit duplication of a certificate;
1711 (vii) measures for the division to audit online courses or tests;
1712 (viii) measures to allow an individual taking an online course or test to provide an
1713 evaluation of the online course or test;
1714 (ix) a seminar provider to track the Internet protocol address or similar electronic
1715 location of an individual who takes an online course or test;
1716 (x) an individual who takes an online course or test to use an e-signature; or
1717 (xi) a seminar provider to invalidate a certificate if the seminar provider learns that the
1718 certificate does not accurately reflect the individual who took the online course or test.
1719 (3) (a) A licensee may not permit an individual who is not in compliance with
1720 Subsection (2) to:
1721 (i) serve or supervise the serving of an alcoholic product to a customer for
1722 consumption on the premises of the licensee;
1723 (ii) engage in any activity that would constitute managing operations at the premises of
1724 a licensee that engages in the retail sale of an alcoholic product for consumption on the
1725 premises of the licensee;
1726 (iii) directly supervise the sale of beer to a customer for consumption off the premises
1727 of an off-premise beer retailer; or
1728 (iv) sell beer to a customer for consumption off the premises of an off-premise beer
1729 retailer.
1730 (b) A licensee that violates Subsection (3)(a) is subject to Section 32B-1-702.
1731 (4) The division shall:
1732 (a) (i) provide alcohol training and education seminars; or
1733 (ii) certify one or more seminar providers;
1734 (b) establish the curriculum for an alcohol training and education seminar that includes
1735 the following subjects:
1736 (i) (A) alcohol as a drug; and
1737 (B) alcohol's effect on the body and behavior;
1738 (ii) recognizing the problem drinker or signs of intoxication;
1739 (iii) an overview of state alcohol laws related to responsible beverage sale or service,
1740 as determined in consultation with the Department of Alcoholic Beverage Services;
1741 (iv) dealing with the problem customer, including ways to terminate sale or service;
1742 and
1743 (v) for those supervising or engaging in the retail sale of an alcoholic product for
1744 consumption on the premises of a licensee, alternative means of transportation to get the
1745 customer safely home;
1746 (c) recertify each seminar provider every three years;
1747 (d) monitor compliance with the curriculum described in Subsection (4)(b);
1748 (e) maintain for at least five years a record of every person who has completed an
1749 alcohol training and education seminar;
1750 (f) provide the information described in Subsection (4)(e) on request to:
1751 (i) the Department of Alcoholic Beverage Services;
1752 (ii) law enforcement; or
1753 (iii) a person licensed by the state or a local government to sell an alcoholic product;
1754 (g) provide the Department of Alcoholic Beverage Services on request a list of any
1755 seminar provider certified by the division; and
1756 (h) establish a fee amount for each person attending an alcohol training and education
1757 seminar that is sufficient to offset the division's cost of administering this section.
1758 (5) The division shall by rule made in accordance with Title 63G, Chapter 3, Utah
1759 Administrative Rulemaking Act:
1760 (a) define what constitutes under this section an individual who:
1761 (i) manages operations at the premises of a licensee engaged in the retail sale of an
1762 alcoholic product for consumption on the premises of the licensee;
1763 (ii) supervises the serving of an alcoholic product to a customer for consumption on the
1764 premises of a licensee;
1765 (iii) serves an alcoholic product to a customer for consumption on the premises of a
1766 licensee;
1767 (iv) directly supervises the sale of beer to a customer for consumption off the premises
1768 of an off-premise beer retailer; or
1769 (v) sells beer to a customer for consumption off the premises of an off-premise beer
1770 retailer;
1771 (b) establish criteria for certifying and recertifying a seminar provider; and
1772 (c) establish guidelines for the manner in which an instructor provides an alcohol
1773 education and training seminar.
1774 (6) A seminar provider shall:
1775 (a) obtain recertification by the division every three years;
1776 (b) ensure that an instructor used by the seminar provider:
1777 (i) follows the curriculum established under this section; and
1778 (ii) conducts an alcohol training and education seminar in accordance with the
1779 guidelines established by rule;
1780 (c) ensure that any information provided by the seminar provider or instructor of a
1781 seminar provider is consistent with:
1782 (i) the curriculum established under this section; and
1783 (ii) this section;
1784 (d) provide the division with the names of all persons who complete an alcohol training
1785 and education seminar provided by the seminar provider;
1786 (e) (i) collect a fee for each person attending an alcohol training and education seminar
1787 in accordance with Subsection (2); and
1788 (ii) forward to the division the portion of the fee that is equal to the amount described
1789 in Subsection (4)(h); and
1790 (f) issue a record to an individual that completes an alcohol training and education
1791 seminar provided by the seminar provider.
1792 (7) (a) If after a hearing conducted in accordance with Title 63G, Chapter 4,
1793 Administrative Procedures Act, the division finds that a seminar provider violates this section
1794 or that an instructor of the seminar provider violates this section, the division may:
1795 (i) suspend the certification of the seminar provider for a period not to exceed 90 days;
1796 (ii) revoke the certification of the seminar provider;
1797 (iii) require the seminar provider to take corrective action regarding an instructor; or
1798 (iv) prohibit the seminar provider from using an instructor until such time that the
1799 seminar provider establishes to the satisfaction of the division that the instructor is in
1800 compliance with Subsection (6)(b).
1801 (b) The division may certify a seminar provider whose certification is revoked:
1802 (i) no sooner than 90 days from the date the certification is revoked; and
1803 (ii) if the seminar provider establishes to the satisfaction of the division that the
1804 seminar provider will comply with this section.
1805 Section 25. Section 26B-5-206, which is renumbered from Section 62A-15-403 is
1806 renumbered and amended to read:
1807 [
1808 education campaign.
1809 (1) As used in this section:
1810 (a) "Advisory council" means the Utah Substance Use and Mental Health Advisory
1811 Council created in Section 63M-7-301.
1812 (b) "Restricted account" means the Drinking While Pregnant Prevention Media and
1813 Education Campaign Restricted Account created in Section 32B-2-308.
1814 (2) The advisory council shall:
1815 (a) provide ongoing oversight of each media and education campaign funded through
1816 the restricted account;
1817 (b) create a drinking while pregnant prevention workgroup consistent with guidelines
1818 the advisory council proposes related to the workgroup's membership and duties;
1819 (c) create guidelines for how money appropriated for a media and education campaign
1820 can be used;
1821 (d) include in the guidelines created under this Subsection (2) that a media and
1822 education campaign funded through the restricted account shall be:
1823 (i) carefully researched;
1824 (ii) developed for target groups; and
1825 (iii) appropriate for target groups; and
1826 (e) approve or deny each plan the division submits in accordance with Subsection (3).
1827 (3) (a) Subject to appropriation from the Legislature and in accordance with this
1828 section, the division shall expend money from the restricted account to direct and fund one or
1829 more media and education campaigns designed to reduce the consumption of alcohol while
1830 pregnant.
1831 (b) Before the division expends money from the restricted account for a media and
1832 education campaign, the division shall, in cooperation with the drinking while pregnant
1833 prevention workgroup created in accordance with Subsection (2), prepare and submit a plan to
1834 the advisory council that:
1835 (i) describes the media and education campaign; and
1836 (ii) details how the division intends to use money from the restricted account to fund
1837 the media and education campaign.
1838 (c) If the advisory council approves the plan described in Subsection (3)(b), the
1839 division shall conduct the media and education campaign in accordance with the guidelines
1840 described in Subsection (2).
1841 (4) The division shall submit to the Health and Human Services Interim Committee
1842 and the advisory council annually by no later than October 1, a written report detailing:
1843 (a) the use of the money for the media and education campaigns conducted in
1844 accordance with Subsection (3); and
1845 (b) the impact and result of the use of the money during the previous fiscal year ending
1846 June 30.
1847 Section 26. Section 26B-5-207, which is renumbered from Section 62A-15-501 is
1848 renumbered and amended to read:
1849 [
1850 treatment and evaluation -- Use of victim impact panels.
1851 The Legislature finds that drivers impaired by alcohol or drugs constitute a major
1852 problem in this state and that the problem demands a comprehensive detection, intervention,
1853 education, and treatment program including emergency services, outpatient treatment,
1854 detoxification, residential care, inpatient care, medical and psychological care, social service
1855 care, vocational rehabilitation, and career counseling through public and private agencies. It is
1856 the policy of this state to provide those programs at the expense of persons convicted of driving
1857 while under the influence of intoxicating liquor or drugs. It is also the policy of this state to
1858 utilize victim impact panels to assist persons convicted of driving under the influence of
1859 intoxicating liquor or drugs to gain a full understanding of the severity of their offense.
1860 Section 27. Section 26B-5-208, which is renumbered from Section 62A-15-502 is
1861 renumbered and amended to read:
1862 [
1863 (1) Courts of record and not of record may at sentencing assess against the defendant,
1864 in addition to any fine, an amount that will fully compensate agencies that treat the defendant
1865 for their costs in each case where a defendant is convicted of violating:
1866 (a) Section 41-6a-502 or 41-6a-517;
1867 (b) a criminal prohibition resulting from a plea bargain after an original charge of
1868 violating Section 41-6a-502; or
1869 (c) an ordinance that complies with the requirements of Subsection 41-6a-510(1).
1870 (2) The fee assessed shall be collected by the court or an entity appointed by the court.
1871 Section 28. Section 26B-5-209, which is renumbered from Section 62A-15-503 is
1872 renumbered and amended to read:
1873 [
1874 rehabilitation programs, including victim impact panels -- Rulemaking power granted.
1875 (1) (a) Assessments imposed under Section [
1876 court order:
1877 (i) be collected by the clerk of the court in which the person was convicted; or
1878 (ii) be paid directly to the licensed alcohol or drug treatment program.
1879 (b) Assessments collected by the court under Subsection (1)(a)(i) shall be forwarded to
1880 a special nonlapsing account created by the county treasurer of the county in which the fee is
1881 collected.
1882 (2) Assessments under Subsection (1) shall be used exclusively for the operation of
1883 licensed alcohol or drug rehabilitation programs and education, assessment, supervision, and
1884 other activities related to and supporting the rehabilitation of persons convicted of driving
1885 while under the influence of intoxicating liquor or drugs. A requirement of the rehabilitation
1886 program shall be participation with a victim impact panel or program providing a forum for
1887 victims of alcohol or drug related offenses and defendants to share experiences on the impact
1888 of alcohol or drug related incidents in their lives. The [
1889
1890 the judgment of the licensed alcohol or drug program, appropriate victims are available, and
1891 shall establish guidelines for other programs where such victims are not available.
1892 (3) None of the assessments shall be maintained for administrative costs by the
1893 division.
1894 Section 29. Section 26B-5-210, which is renumbered from Section 62A-15-504 is
1895 renumbered and amended to read:
1896 [
1897 It is the policy of this state to provide adequate and appropriate health and social
1898 services as alternatives to incarceration for public intoxication.
1899 Section 30. Section 26B-5-301, which is renumbered from Section 62A-15-602 is
1900 renumbered and amended to read:
1901
1902 [
1903 As used in this part, [
1904
1905
1906
1907 and Part 5, Essential Treatment and Intervention:
1908 (1) "Adult" means an individual 18 years old or older.
1909 (2) "Approved treatment facility or program" means a mental health or substance use
1910 treatment provider that meets the goals and measurements described in Subsection
1911 [
1912 (3) "Assisted outpatient treatment" means involuntary outpatient mental health
1913 treatment ordered under Section [
1914 (4) "Attending physician" means a physician licensed to practice medicine in this state
1915 who has primary responsibility for the care and treatment of the declarant.
1916 (5) "Attorney-in-fact" means an adult properly appointed under this part to make
1917 mental health treatment decisions for a declarant under a declaration for mental health
1918 treatment.
1919 [
1920 adult is committed to the custody of the local mental health authority that governs the mental
1921 health catchment area where the adult resides or is found.
1922 [
1923 and services to a resident of a designated geographical area, that operates by or under contract
1924 with a local mental health authority, and that complies with state standards for community
1925 mental health centers.
1926 [
1927 (a) a licensed physician, preferably a psychiatrist, who is designated by the division as
1928 specially qualified by training or experience in the diagnosis of mental or related illness; or
1929 (b) a licensed mental health professional designated by the division as specially
1930 qualified by training and who has at least five years' continual experience in the treatment of
1931 mental illness.
1932 [
1933 including admission and discharge, an employee of a local mental health authority, or an
1934 employee of a person that has contracted with a local mental health authority to provide mental
1935 health services under Section 17-43-304.
1936 [
1937 court-ordered treatment at a local substance abuse authority or an approved treatment facility or
1938 program for the treatment of an adult's substance use disorder.
1939 [
1940 without the individual's consent, including the nonconsensual circumstances described in
1941 Subsections 76-5-406(2)(a) through (l):
1942 (a) sexual intercourse;
1943 (b) penetration, however slight, of the genital or anal opening of the individual;
1944 (c) any sexual act involving the genitals or anus of the actor or the individual and the
1945 mouth or anus of either individual, regardless of the gender of either participant; or
1946 (d) any sexual act causing substantial emotional injury or bodily pain.
1947 [
1948 being informed of that right and the patient's right to waive the right, expressly communicated
1949 his or her intention to waive that right.
1950 (13) "Incapable" means that, in the opinion of the court in a guardianship proceeding
1951 under Title 75, Utah Uniform Probate Code, or in the opinion of two physicians, a person's
1952 ability to receive and evaluate information effectively or communicate decisions is impaired to
1953 such an extent that the person currently lacks the capacity to make mental health treatment
1954 decisions.
1955 [
1956 [
1957 [
1958 Section [
1959 [
1960 provides mental health services under contract with the division, a local mental health
1961 authority, a person that contracts with a local mental health authority, or a person that provides
1962 acute inpatient psychiatric services to a patient.
1963 [
1964 mental health authority as qualified by training and experience in the recognition and
1965 identification of mental illness, to:
1966 (a) apply for and provide certification for a temporary commitment; or
1967 (b) assist in the arrangement of transportation to a designated mental health facility.
1968 [
1969 (a) a psychiatric disorder that substantially impairs an individual's mental, emotional,
1970 behavioral, or related functioning; or
1971 (b) the same as that term is defined in:
1972 (i) the current edition of the Diagnostic and Statistical Manual of Mental Disorders
1973 published by the American Psychiatric Association; or
1974 (ii) the current edition of the International Statistical Classification of Diseases and
1975 Related Health Problems.
1976 (19) "Mental health treatment" means convulsive treatment, treatment with
1977 psychoactive medication, or admission to and retention in a facility for a period not to exceed
1978 17 days.
1979 [
1980 (a) under commitment to the custody or to the treatment services of a local mental
1981 health authority; or
1982 (b) undergoing essential treatment and intervention.
1983 [
1984 (a) licensed as a physician under Title 58, Chapter 67, Utah Medical Practice Act; or
1985 (b) licensed as a physician under Title 58, Chapter 68, Utah Osteopathic Medical
1986 Practice Act.
1987 [
1988 of death, unconsciousness, extreme physical pain, protracted and obvious disfigurement, or
1989 protracted loss or impairment of the function of a bodily member, organ, or mental faculty.
1990 (23) "State hospital" means the Utah State Hospital established in Section 26B-5-302.
1991 [
1992 serious risk of:
1993 (a) suicide;
1994 (b) serious bodily self-injury;
1995 (c) serious bodily injury because the individual is incapable of providing the basic
1996 necessities of life, including food, clothing, or shelter;
1997 (d) causing or attempting to cause serious bodily injury to another individual;
1998 (e) engaging in harmful sexual conduct; or
1999 (f) if not treated, suffering severe and abnormal mental, emotional, or physical distress
2000 that:
2001 (i) is associated with significant impairment of judgment, reason, or behavior; and
2002 (ii) causes a substantial deterioration of the individual's previous ability to function
2003 independently.
2004 [
2005 of psychotropic medication, or other medical treatments that are generally accepted medical or
2006 psychosocial interventions for the purpose of restoring the patient to an optimal level of
2007 functioning in the least restrictive environment.
2008 Section 31. Section 26B-5-302, which is renumbered from Section 62A-15-601 is
2009 renumbered and amended to read:
2010 [
2011 The Utah State Hospital is established and located in Provo, in Utah county. [
2012
2013 Section 32. Section 26B-5-303, which is renumbered from Section 62A-15-603 is
2014 renumbered and amended to read:
2015 [
2016 Authority.
2017 (1) The division shall administer the state hospital as part of the state's comprehensive
2018 mental health program and, to the fullest extent possible, shall, as the state hospital's
2019 administrator, coordinate with local mental health authority programs.
2020 (2) The division has the same powers, duties, rights, and responsibilities as, and shall
2021 perform the same functions that by law are conferred or required to be discharged or performed
2022 by, the state hospital.
2023 (3) Supervision and administration of security responsibilities for the state hospital is
2024 vested in the division. The executive director shall designate, as special function officers,
2025 individuals with peace officer authority to perform special security functions for the state
2026 hospital.
2027 (4) A director of a mental health facility that houses an involuntary patient or a patient
2028 committed by judicial order may establish secure areas, as provided in Section 76-8-311.1,
2029 within the mental health facility for the patient.
2030 Section 33. Section 26B-5-304, which is renumbered from Section 62A-15-613 is
2031 renumbered and amended to read:
2032 [
2033 -- Powers and responsibilities.
2034 (1) The director, with the consent of the executive director, shall appoint a
2035 superintendent of the state hospital, who shall hold office at the will of the director.
2036 (2) The superintendent shall have a bachelor's degree from an accredited university or
2037 college, be experienced in administration, and be knowledgeable in matters concerning mental
2038 health.
2039 (3) The superintendent has general responsibility for the buildings, grounds, and
2040 property of the state hospital.
2041 (4) The superintendent shall appoint, with the approval of the director, as many
2042 employees as necessary for the efficient and economical care and management of the state
2043 hospital, and shall fix the employees' compensation and administer personnel functions
2044 according to the standards of the Division of Human Resource Management.
2045 Section 34. Section 26B-5-305, which is renumbered from Section 62A-15-614 is
2046 renumbered and amended to read:
2047 [
2048 and procedure -- Duties.
2049 (1) Whenever the superintendent is not qualified to be the clinical director of the state
2050 hospital under this section, [
2051 the division, appoint a clinical director who is licensed to practice medicine and surgery in this
2052 state, and who has had at least three years' training in a psychiatric residency program approved
2053 by the American Board of Psychiatry and Neurology, Inc., and who is eligible for certification
2054 by that board.
2055 (2) The salary of the clinical director of the state hospital shall be fixed by the
2056 standards of the Division of Finance, to be paid in the same manner as the salaries of other
2057 employees.
2058 (3) The clinical director shall perform such duties as directed by the superintendent
2059 and prescribed by the rules of the board, and shall prescribe and direct the treatment of patients
2060 and adopt sanitary measures for their welfare.
2061 [
2062 superintendent may assume the duties of the clinical director.
2063 Section 35. Section 26B-5-306, which is renumbered from Section 62A-15-610 is
2064 renumbered and amended to read:
2065 [
2066 Persons who may be admitted to state hospital.
2067 (1) The objectives of the state hospital and other mental health facilities shall be to care
2068 for all persons within this state who are subject to the provisions of this chapter; and to furnish
2069 them with the proper attendance, medical treatment, seclusion, rest, restraint, amusement,
2070 occupation, and support that is conducive to their physical and mental well-being.
2071 (2) Only the following persons may be admitted to the state hospital:
2072 (a) persons 18 years of age and older who meet the criteria necessary for commitment
2073 under this part and who have severe mental disorders for whom no appropriate, less restrictive
2074 treatment alternative is available;
2075 (b) persons under 18 years of age who meet the criteria necessary for commitment
2076 under [
2077
2078 alternative is available;
2079 (c) persons adjudicated and found to be guilty with a mental illness under Title 77,
2080 Chapter 16a, Commitment and Treatment of Persons with a Mental Illness;
2081 (d) persons adjudicated and found to be not guilty by reason of insanity who are under
2082 a subsequent commitment order because they have a mental illness and are a danger to
2083 themselves or others, under Section 77-16a-302;
2084 (e) persons found incompetent to proceed under Section 77-15-6;
2085 (f) persons who require an examination under Title 77, Utah Code of Criminal
2086 Procedure; and
2087 (g) persons in the custody of the Department of Corrections, admitted in accordance
2088 with Section [
2089 disorders.
2090 Section 36. Section 26B-5-307, which is renumbered from Section 62A-15-644 is
2091 renumbered and amended to read:
2092 [
2093 records of division.
2094 (1) In addition to specific authority granted by other provisions of this part, the director
2095 has authority to prescribe the form of applications, records, reports, and medical certificates
2096 provided for under this part, and the information required to be contained therein, and to adopt
2097 rules that are not inconsistent with the provisions of this part that the director finds to be
2098 reasonably necessary for the proper and efficient commitment of persons with a mental illness.
2099 (2) The division shall require reports relating to the admission, examination, diagnosis,
2100 release, or discharge of any patient and investigate complaints made by any patient or by any
2101 person on behalf of a patient.
2102 (3) A local mental health authority shall keep a record of the names and current status
2103 of all persons involuntarily committed to it under this chapter.
2104 Section 37. Section 26B-5-308, which is renumbered from Section 62A-15-639 is
2105 renumbered and amended to read:
2106 [
2107 Every patient is entitled to humane care and treatment and to medical care and
2108 treatment in accordance with the prevailing standards accepted in medical practice, psychiatric
2109 nursing practice, social work practice, and the practice of clinical psychology.
2110 Section 38. Section 26B-5-309, which is renumbered from Section 62A-15-640 is
2111 renumbered and amended to read:
2112 [
2113 record.
2114 (1) Mechanical restraints may not be applied to a patient unless it is determined by the
2115 director or his designee to be required by the needs of the patient. Every use of a mechanical
2116 restraint and the reasons therefor shall be made a part of the patient's clinical record, under the
2117 signature of the director or his designee, and shall be reviewed regularly.
2118 (2) In no event shall medication be prescribed for a patient unless it is determined by a
2119 physician to be required by the patient's medical needs. Every use of a medication and the
2120 reasons therefor shall be made a part of the patient's clinical record.
2121 Section 39. Section 26B-5-310, which is renumbered from Section 62A-15-641 is
2122 renumbered and amended to read:
2123 [
2124 privileges.
2125 (1) Subject to the general rules of the division, and except to the extent that the director
2126 or his designee determines that it is necessary for the welfare of the patient to impose
2127 restrictions, every patient is entitled to:
2128 (a) communicate, by sealed mail or otherwise, with persons, including official
2129 agencies, inside or outside the facility;
2130 (b) receive visitors; and
2131 (c) exercise all civil rights, including the right to dispose of property, execute
2132 instruments, make purchases, enter contractual relationships, and vote, unless the patient has
2133 been adjudicated to be incompetent and has not been restored to legal capacity.
2134 (2) When any right of a patient is limited or denied, the nature, extent, and reason for
2135 that limitation or denial shall be entered in the patient's treatment record. Any continuing
2136 denial or limitation shall be reviewed every 30 days and shall also be entered in that treatment
2137 record. Notice of that continuing denial in excess of 30 days shall be sent to the division, the
2138 appropriate local mental health authority, the appropriate local substance abuse authority, or an
2139 approved treatment facility or program, whichever is most applicable to the patient.
2140 (3) Notwithstanding any limitations authorized under this section on the right of
2141 communication, each patient is entitled to communicate by sealed mail with the appropriate
2142 local mental health authority, the appropriate local substance abuse authority, an approved
2143 treatment facility or program, the division, the patient's attorney, and the court, if any, that
2144 ordered the patient's commitment or essential treatment. In no case may the patient be denied a
2145 visit with the legal counsel or clergy of the patient's choice.
2146 (4) Local mental health authorities, local substance abuse authorities, and approved
2147 treatment facilities or programs shall provide reasonable means and arrangements for
2148 informing involuntary patients of their right to release as provided in this chapter, and for
2149 assisting them in making and presenting requests for release.
2150 (5) Mental health facilities, local substance abuse authorities, and approved treatment
2151 facilities or programs shall post a statement, created by the division, describing a patient's
2152 rights under Utah law.
2153 (6) Notwithstanding Section 53B-17-303, an individual committed under this chapter
2154 has the right to determine the final disposition of that individual's body after death.
2155 Section 40. Section 26B-5-311, which is renumbered from Section 62A-15-642 is
2156 renumbered and amended to read:
2157 [
2158 Any individual detained pursuant to this part is entitled to the writ of habeas corpus
2159 upon proper petition by [
2160 which [
2161 Section 41. Section 26B-5-312, which is renumbered from Section 62A-15-643 is
2162 renumbered and amended to read:
2163 [
2164 Exceptions -- Penalty.
2165 (1) All certificates, applications, records, and reports made for the purpose of this part,
2166 including those made on judicial proceedings for involuntary commitment, that directly or
2167 indirectly identify a patient or former patient or an individual whose commitment has been
2168 sought under this part, shall be kept confidential and may not be disclosed by any person except
2169 insofar as:
2170 (a) the individual identified or his legal guardian, if any, or, if a minor, his parent or
2171 legal guardian shall consent;
2172 (b) disclosure may be necessary to carry out the provisions of:
2173 (i) this part; or
2174 (ii) Section 53-10-208.1; or
2175 (c) a court may direct, upon its determination that disclosure is necessary for the
2176 conduct of proceedings before it, and that failure to make the disclosure would be contrary to
2177 the public interest.
2178 (2) A person who knowingly or intentionally discloses any information not authorized
2179 by this section is guilty of a class B misdemeanor.
2180 Section 42. Section 26B-5-313, which is renumbered from Section 62A-15-1002 is
2181 renumbered and amended to read:
2182 [
2183 (1) An adult who is not incapable may make a declaration of preferences or
2184 instructions regarding his mental health treatment. The declaration may include, but is not
2185 limited to, consent to or refusal of specified mental health treatment.
2186 (2) A declaration for mental health treatment shall designate a capable adult to act as
2187 attorney-in-fact to make decisions about mental health treatment for the declarant. An
2188 alternative attorney-in-fact may also be designated to act as attorney-in-fact if the original
2189 designee is unable or unwilling to act at any time. An attorney-in-fact who has accepted the
2190 appointment in writing may make decisions about mental health treatment on behalf of the
2191 declarant only when the declarant is incapable. The decisions shall be consistent with any
2192 instructions or desires the declarant has expressed in the declaration.
2193 (3) A declaration is effective only if it is signed by the declarant and two capable adult
2194 witnesses. The witnesses shall attest that the declarant is known to them, signed the
2195 declaration in their presence, appears to be of sound mind and is not under duress, fraud, or
2196 undue influence. Persons specified in Subsection [
2197 witnesses.
2198 (4) A declaration becomes operative when it is delivered to the declarant's physician or
2199 other mental health treatment provider and remains valid until it expires or is revoked by the
2200 declarant. The physician or provider is authorized to act in accordance with an operative
2201 declaration when the declarant has been found to be incapable. The physician or provider shall
2202 continue to obtain the declarant's informed consent to all mental health treatment decisions if
2203 the declarant is capable of providing informed consent or refusal.
2204 (5) (a) An attorney-in-fact does not have authority to make mental health treatment
2205 decisions unless the declarant is incapable.
2206 (b) An attorney-in-fact is not, solely as a result of acting in that capacity, personally
2207 liable for the cost of treatment provided to the declarant.
2208 (c) Except to the extent that a right is limited by a declaration or by any federal law, an
2209 attorney-in-fact has the same right as the declarant to receive information regarding the
2210 proposed mental health treatment and to receive, review, and consent to disclosure of medical
2211 records relating to that treatment. This right of access does not waive any evidentiary privilege.
2212 (d) In exercising authority under the declaration, the attorney-in-fact shall act
2213 consistently with the instructions and desires of the declarant, as expressed in the declaration.
2214 If the declarant's desires are unknown, the attorney-in-fact shall act in what he, in good faith,
2215 believes to be the best interest of the declarant.
2216 (e) An attorney-in-fact is not subject to criminal prosecution, civil liability, or
2217 professional disciplinary action for any action taken in good faith pursuant to a declaration for
2218 mental health treatment.
2219 (6) (a) A declaration for mental health treatment remains effective for a period of three
2220 years or until revoked by the declarant. If a declaration for mental health treatment has been
2221 invoked and is in effect at the expiration of three years after its execution, the declaration
2222 remains effective until the declarant is no longer incapable.
2223 (b) The authority of a named attorney-in-fact and any alternative attorney-in-fact
2224 continues in effect as long as the declaration appointing the attorney-in-fact is in effect or until
2225 the attorney-in-fact has withdrawn.
2226 (7) A person may not be required to execute or to refrain from executing a declaration
2227 as a criterion for insurance, as a condition for receiving mental or physical health services, or as
2228 a condition of discharge from a facility.
2229 Section 43. Section 26B-5-314, which is renumbered from Section 62A-15-1003 is
2230 renumbered and amended to read:
2231 [
2232 Provision of services contrary to declaration -- Revocation.
2233 (1) Upon being presented with a declaration, a physician shall make the declaration a
2234 part of the declarant's medical record. When acting under authority of a declaration, a
2235 physician shall comply with it to the fullest extent possible, consistent with reasonable medical
2236 practice, the availability of treatments requested, and applicable law. If the physician or other
2237 provider is unwilling at any time to comply with the declaration, the physician or provider shall
2238 promptly notify the declarant and the attorney-in-fact, and document the notification in the
2239 declarant's medical record.
2240 (2) A physician or provider may subject a declarant to intrusive treatment in a manner
2241 contrary to the declarant's wishes, as expressed in a declaration for mental health treatment if:
2242 (a) the declarant has been committed to the custody of a local mental health authority
2243 in accordance with [
2244 (b) in cases of emergency endangering life or health.
2245 (3) A declaration does not limit any authority provided in [
2246
2247 person in the custody of a local mental health authority.
2248 (4) A declaration may be revoked in whole or in part by the declarant at any time so
2249 long as the declarant is not incapable. That revocation is effective when the declarant
2250 communicates the revocation to the attending physician or other provider. The attending
2251 physician or other provider shall note the revocation as part of the declarant's medical record.
2252 (5) A physician who administers or does not administer mental health treatment
2253 according to and in good faith reliance upon the validity of a declaration is not subject to
2254 criminal prosecution, civil liability, or professional disciplinary action resulting from a
2255 subsequent finding that a declaration is invalid.
2256 (6) None of the following persons may serve as an attorney-in-fact or as witnesses to
2257 the signing of a declaration:
2258 (a) the declarant's attending physician or mental health treatment provider, or an
2259 employee of that physician or provider;
2260 (b) an employee of the division; or
2261 (c) an employee of a local mental health authority or any organization that contracts
2262 with a local mental health authority.
2263 (7) An attorney-in-fact may withdraw by giving notice to the declarant. If a declarant
2264 is incapable, the attorney-in-fact may withdraw by giving notice to the attending physician or
2265 provider. The attending physician shall note the withdrawal as part of the declarant's medical
2266 record.
2267 Section 44. Section 26B-5-315, which is renumbered from Section 62A-15-1004 is
2268 renumbered and amended to read:
2269 [
2270 A declaration for mental health treatment shall be in substantially the following form:
2271
2272 I, ________________________________, being an adult of sound mind, willfully and
2273 voluntarily make this declaration for mental health treatment, to be followed if it is determined
2274 by a court or by two physicians that my ability to receive and evaluate information effectively
2275 or to communicate my decisions is impaired to such an extent that I lack the capacity to refuse
2276 or consent to mental health treatment. "Mental health treatment" means convulsive treatment,
2277 treatment with psychoactive medication, and admission to and retention in a mental health
2278 facility for a period up to 17 days.
2279 I understand that I may become incapable of giving or withholding informed consent
2280 for mental health treatment due to the symptoms of a diagnosed mental disorder. These
2281 symptoms may include:
2282
____________________________________________________________________________
2283 ____________________________________________________________________________
2284 ____
2285
2286 If I become incapable of giving or withholding informed consent for mental health
2287 treatment, my wishes regarding psychoactive medications are as follows:
2288 __________ I consent to the administration of the following medications:
2289
____________________________________________________________________________
2290 __
2291 in the dosages:
2292 __________ considered appropriate by my attending physician.
2293 __________ approved by ________________________________________
2294 __________ as I hereby direct: ____________________________________
2295 __________ I do not consent to the administration of the following medications:
2296 ____________________________________________________________________________
2297 ____________________________________________________________________________
2298 ____________________________________________________________________________
2299 ______
2300
2301 If I become incapable of giving or withholding informed consent for mental health
2302 treatment, my wishes regarding convulsive treatment are as follows:
2303 __________ I consent to the administration of convulsive treatment of the following type:
2304 ______________________________________________, the number of treatments to be:
2305 __________ determined by my attending physician.
2306 __________ approved by _______________________________________
2307 __________ as follows: ________________________________________
2308 __________ I do not consent to the administration of convulsive treatment.
2309 My reasons for consenting to or refusing convulsive treatment are as follows;
2310 ____________________________________________________________________________
2311 ____________________________________________________________________________
2312 ____________________________________________________________________________
2313 _
2314
2315 If I become incapable of giving or withholding informed consent for mental health
2316 treatment, my wishes regarding admission to and retention in a mental health facility are as
2317 follows:
2318 __________ I consent to being admitted to the following mental health facilities:
2319 ____________________________________________________________________________
2320 I may be retained in the facility for a period of time:
2321 __________ determined by my attending physician.
2322 __________ approved by _______________________________________
2323 __________ no longer than _____________________________________
2324 This directive cannot, by law, provide consent to retain me in a facility for more than 17 days.
2325
2326 ____________________________________________________________________________
2327 ____________________________________________________________________________
2328 ____________________________________________________________________________
2329 ______
2330
2331 I hereby appoint:
2332 NAME ________________________________________________
2333 ADDRESS _____________________________________________
2334 TELEPHONE # _________________________________________
2335 to act as my attorney-in-fact to make decisions regarding my mental health treatment if I
2336 become incapable of giving or withholding informed consent for that treatment.
2337 If the person named above refuses or is unable to act on my behalf, or if I revoke that
2338 person's authority to act as my attorney-in-fact, I authorize the following person to act as my
2339 alternative attorney-in-fact:
2340 NAME ________________________________________________
2341 ADDRESS _____________________________________________
2342 TELEPHONE # _________________________________________
2343 My attorney-in-fact is authorized to make decisions which are consistent with the
2344 wishes I have expressed in this declaration. If my wishes are not expressed, my attorney-in-fact
2345 is to act in good faith according to what he or she believes to be in my best interest.
2346
_________________________________________
2347 (Signature of Declarant/Date)
2348
2349 We affirm that the declarant is personally known to us, that the declarant signed or
2350 acknowledged the declarant's signature on this declaration for mental health treatment in our
2351 presence, that the declarant appears to be of sound mind and does not appear to be under
2352 duress, fraud, or undue influence. Neither of us is the person appointed as attorney-in-fact by
2353 this document, the attending physician, an employee of the attending physician, an employee of
2354 the Division of Substance Abuse and Mental Health within the Department of Human Services,
2355 an employee of a local mental health authority, or an employee of any organization that
2356 contracts with a local mental health authority.
2357 Witnessed By:
2358 _____________________________________
2359 ______________________________________
2360 (Signature of Witness/Date) (Printed Name of Witness)
2361 _____________________________________
2362 _______________________________________
2363 (Signature of Witness/Date) (Printed Name of Witness)
2364
2365 I accept this appointment and agree to serve as attorney-in-fact to make decisions about
2366 mental health treatment for the declarant. I understand that I have a duty to act consistently
2367 with the desires of the declarant as expressed in the declaration. I understand that this
2368 document gives me authority to make decisions about mental health treatment only while the
2369 declarant is incapable as determined by a court or two physicians. I understand that the
2370 declarant may revoke this appointment, or the declaration, in whole or in part, at any time and
2371 in any manner, when the declarant is not incapable.
2372 ____________________________________
2373 _______________________________________
2374 (Signature of Attorney-in-fact/Date) (Printed name)
2375 ____________________________________
2376 ________________________________________
2377 (Signature of Alternate Attorney-in-fact/Date) (Printed name)
2378
2379
2380 This is an important legal document. It is a declaration that allows, or disallows, mental
2381 health treatment. Before signing this document, you should know that:
2382 (1) this document allows you to make decisions in advance about three types of mental
2383 health treatment: psychoactive medication, convulsive therapy, and short-term (up to 17 days)
2384 admission to a mental health facility;
2385 (2) the instructions that you include in this declaration will be followed only if a court
2386 or two physicians believe that you are incapable of otherwise making treatment decisions.
2387 Otherwise, you will be considered capable to give or withhold consent for treatment;
2388 (3) you may also appoint a person as your attorney-in-fact to make these treatment
2389 decisions for you if you become incapable. The person you appoint has a duty to act
2390 consistently with your desires as stated in this document or, if not stated, to make decisions in
2391 accordance with what that person believes, in good faith, to be in your best interest. For the
2392 appointment to be effective, the person you appoint must accept the appointment in writing.
2393 The person also has the right to withdraw from acting as your attorney-in-fact at any time;
2394 (4) this document will continue in effect for a period of three years unless you become
2395 incapable of participating in mental health treatment decisions. If this occurs, the directive will
2396 continue in effect until you are no longer incapable;
2397 (5) you have the right to revoke this document in whole or in part, or the appointment
2398 of an attorney-in-fact, at any time you have not been determined to be incapable. YOU MAY
2399 NOT REVOKE THE DECLARATION OR APPOINTMENT WHEN YOU ARE
2400 CONSIDERED INCAPABLE BY A COURT OR TWO PHYSICIANS. A revocation is
2401 effective when it is communicated to your attending physician or other provider; and
2402 (6) if there is anything in this document that you do not understand, you should ask an
2403 attorney to explain it to you. This declaration is not valid unless it is signed by two qualified
2404 witnesses who are personally known to you and who are present when you sign or
2405 acknowledge your signature.
2406 Section 45. Section 26B-5-316, which is renumbered from Section 62A-15-607 is
2407 renumbered and amended to read:
2408 [
2409 (1) The division shall estimate and determine, as nearly as possible, the actual expense
2410 per annum of caring for and maintaining a patient in the state hospital, and that amount or
2411 portion of that amount shall be assessed to and paid by the applicant, patient, spouse, parents,
2412 child or children who are of sufficient financial ability to do so, or by the guardian of the
2413 patient who has funds of the patient that may be used for that purpose.
2414 (2) In addition to the expenses described in Subsection (1), parents are responsible for
2415 the support of their child while the child is in the care of the state hospital pursuant to [
2416
2417 26B, Chapter 9, Recovery Services and Administration of Child Support.
2418 Section 46. Section 26B-5-317, which is renumbered from Section 62A-15-617 is
2419 renumbered and amended to read:
2420 [
2421 The expense for the care and treatment of voluntary patients shall be assessed to and
2422 paid in the same manner and to the same extent as is provided for involuntary patients under
2423 the provisions of Section [
2424 Section 47. Section 26B-5-318, which is renumbered from Section 62A-15-619 is
2425 renumbered and amended to read:
2426 [
2427 The provisions made in this part for the support of persons with a mental illness at
2428 public expense do not release the estates of those persons from liability for their care and
2429 treatment, and the division is authorized and empowered to collect from the estates of those
2430 persons any sums paid by the state in their behalf.
2431 Section 48. Section 26B-5-319, which is renumbered from Section 62A-15-604 is
2432 renumbered and amended to read:
2433 [
2434 the transfer of persons from other institutions.
2435 (1) The division may take and hold by gift, devise, or bequest real and personal
2436 property required for the use of the state hospital. With the approval of the governor the
2437 division may convert that property that is not suitable for the state hospital's use into money or
2438 property that is suitable for the state hospital's use.
2439 (2) The state hospital is authorized to receive from any other institution within the
2440 department an individual committed to that institution, when a careful evaluation of the
2441 treatment needs of the individual and of the treatment programs available at the state hospital
2442 indicates that the transfer would be in the interest of that individual.
2443 (3) (a) For the purposes of this Subsection (3), "contributions" means gifts, grants,
2444 devises, and donations.
2445 (b) Notwithstanding the provisions of Subsection [
2446 state hospital is authorized to receive contributions and deposit the contributions into an
2447 interest-bearing restricted special revenue fund. The state treasurer may invest the fund, and all
2448 interest will remain in the fund.
2449 (c) (i) Single expenditures from the fund in amounts of $5,000 or less shall be
2450 approved by the superintendent.
2451 (ii) Single expenditures exceeding $5,000 must be preapproved by the superintendent
2452 and the division director.
2453 (iii) Expenditures described in this Subsection (3) shall be used for the benefit of
2454 patients at the state hospital.
2455 (d) Money and interest in the fund may not be used for items normally paid for by
2456 operating revenues or for items related to personnel costs without specific legislative
2457 authorization.
2458 Section 49. Section 26B-5-320, which is renumbered from Section 62A-15-621 is
2459 renumbered and amended to read:
2460 [
2461 Any person who, without permission, enters any of the buildings or enclosures
2462 appropriated to the use of patients, or makes any attempt to do so, or enters anywhere upon the
2463 premises belonging to or used by the division, a local mental health authority, or the state
2464 hospital and commits, or attempts to commit, any trespass or depredation thereon, or any
2465 person who, either from within or without the enclosures, willfully annoys or disturbs the peace
2466 or quiet of the premises or of any patient therein, is guilty of a class B misdemeanor.
2467 Section 50. Section 26B-5-321, which is renumbered from Section 62A-15-622 is
2468 renumbered and amended to read:
2469 [
2470 Any person who abducts a patient who is in the custody of a local mental health
2471 authority, or induces any patient to elope or escape from that custody, or attempts to do so, or
2472 aids or assists therein, is guilty of a class B misdemeanor, in addition to liability for damages,
2473 or subject to other criminal charges.
2474 Section 51. Section 26B-5-322, which is renumbered from Section 62A-15-623 is
2475 renumbered and amended to read:
2476 [
2477 Any person committed to the state hospital under the provisions of Title 77, Chapter 15,
2478 Inquiry into Sanity of Defendant, or Chapter 16a, Commitment and Treatment of Persons with
2479 a Mental Illness, who escapes or leaves the state hospital without proper legal authority is
2480 guilty of a class A misdemeanor.
2481 Section 52. Section 26B-5-323, which is renumbered from Section 62A-15-624 is
2482 renumbered and amended to read:
2483 [
2484 Any person who willfully and knowingly violates any provision of this part, except
2485 where another penalty is provided by law, is guilty of a class C misdemeanor.
2486 Section 53. Section 26B-5-324, which is renumbered from Section 62A-15-608 is
2487 renumbered and amended to read:
2488 [
2489 treatment of persons with a mental illness.
2490 (1) Each local mental health authority has responsibility for supervision and treatment
2491 of persons with a mental illness who have been committed to its custody under the provisions
2492 of this part, whether residing in the state hospital or elsewhere.
2493 (2) The division, in administering and supervising the security responsibilities of the
2494 state hospital under its authority provided by Section [
2495 Sections [
2496 26B-5-342 to the extent they pertain to the state hospital.
2497 Section 54. Section 26B-5-325, which is renumbered from Section 62A-15-609 is
2498 renumbered and amended to read:
2499 [
2500 children at the hospital -- Responsibility for noninstructional services.
2501 (1) The State Board of Education is responsible for the education of school-aged
2502 children committed to the division.
2503 (2) In order to fulfill its responsibility under Subsection (1), the board may contract
2504 with local school districts or other appropriate agencies to provide educational and related
2505 administrative services.
2506 (3) Medical, residential, and other noninstructional services at the state hospital are the
2507 responsibility of the division.
2508 Section 55. Section 26B-5-326, which is renumbered from Section 62A-15-611 is
2509 renumbered and amended to read:
2510 [
2511 (1) As used in this section:
2512 (a) "Adult beds" means the total number of patient beds located in the adult general
2513 psychiatric unit and the geriatric unit at the state hospital, as determined by the superintendent
2514 of the state hospital.
2515 (b) "Mental health catchment area" means a county or group of counties governed by a
2516 local mental health authority.
2517 (2) (a) The division shall establish by rule a formula to separately allocate to local
2518 mental health authorities adult beds for persons who meet the requirements of Subsection
2519 [
2520 152 beds shall be allocated to local mental health authorities under this section.
2521 (b) The number of beds shall be reviewed and adjusted as necessary:
2522 (i) on July 1, 2011, to restore the number of beds allocated to 212 beds as funding
2523 permits; and
2524 (ii) on July 1, 2011, and every three years after July 1, 2011, according to the state's
2525 population.
2526 (c) All population figures utilized shall reflect the most recent available population
2527 estimates from the Utah Population Committee.
2528 (3) The formula established under Subsection (2) shall provide for allocation of beds
2529 based on:
2530 (a) the percentage of the state's adult population located within a mental health
2531 catchment area; and
2532 (b) a differential to compensate for the additional demand for hospital beds in mental
2533 health catchment areas that are located in urban areas.
2534 (4) A local mental health authority may sell or loan its allocation of beds to another
2535 local mental health authority.
2536 (5) The division shall allocate adult beds at the state hospital to local mental health
2537 authorities for their use in accordance with the formula established under this section. If a local
2538 mental health authority is unable to access a bed allocated to it under the formula established
2539 under Subsection (2), the division shall provide that local mental health authority with funding
2540 equal to the reasonable, average daily cost of an acute care bed purchased by the local mental
2541 health authority.
2542 (6) The board shall periodically review and make changes in the formula established
2543 under Subsection (2) as necessary to accurately reflect changes in population.
2544 Section 56. Section 26B-5-327, which is renumbered from Section 62A-15-612 is
2545 renumbered and amended to read:
2546 [
2547 Formula.
2548 (1) As used in this section:
2549 (a) "Mental health catchment area" means a county or group of counties governed by a
2550 local mental health authority.
2551 (b) "Pediatric beds" means the total number of patient beds located in the children's
2552 unit and the youth units at the state hospital, as determined by the superintendent of the state
2553 hospital.
2554 (2) On July 1, 1996, 72 pediatric beds shall be allocated to local mental health
2555 authorities under this section. The division shall review and adjust the number of pediatric beds
2556 as necessary every three years according to the state's population of persons under 18 years of
2557 age. All population figures utilized shall reflect the most recent available population estimates
2558 from the Governor's Office of Planning and Budget.
2559 (3) The allocation of beds shall be based on the percentage of the state's population of
2560 persons under the age of 18 located within a mental health catchment area. Each community
2561 mental health center shall be allocated at least one bed.
2562 (4) A local mental health authority may sell or loan its allocation of beds to another
2563 local mental health authority.
2564 (5) The division shall allocate 72 pediatric beds at the state hospital to local mental
2565 health authorities for their use in accordance with the formula established under this section. If
2566 a local mental health authority is unable to access a bed allocated to it under that formula, the
2567 division shall provide that local mental health authority with funding equal to the reasonable,
2568 average daily cost of an acute care bed purchased by the local mental health authority.
2569 Section 57. Section 26B-5-330, which is renumbered from Section 62A-15-628 is
2570 renumbered and amended to read:
2571 [
2572 (1) An adult may not be involuntarily committed to the custody of a local mental health
2573 authority except under the following provisions:
2574 (a) emergency procedures for temporary commitment upon medical or designated
2575 examiner certification, as provided in Subsection [
2576 (b) emergency procedures for temporary commitment without endorsement of medical
2577 or designated examiner certification, as provided in Subsection [
2578 or
2579 (c) commitment on court order, as provided in Section [
2580 (2) A person under 18 years of age may be committed to the physical custody of a local
2581 mental health authority only in accordance with the provisions of [
2582
2583 Commitment of Persons Under Age 18.
2584 Section 58. Section 26B-5-331, which is renumbered from Section 62A-15-629 is
2585 renumbered and amended to read:
2586 [
2587 procedures -- Rights.
2588 (1) An adult shall be temporarily, involuntarily committed to a local mental health
2589 authority upon:
2590 (a) a written application that:
2591 (i) is completed by a responsible individual who has reason to know, stating a belief
2592 that the adult, due to mental illness, is likely to pose substantial danger to self or others if not
2593 restrained and stating the personal knowledge of the adult's condition or circumstances that
2594 lead to the individual's belief; and
2595 (ii) includes a certification by a licensed physician, licensed physician assistant,
2596 licensed nurse practitioner, or designated examiner stating that the physician, physician
2597 assistant, nurse practitioner, or designated examiner has examined the adult within a three-day
2598 period immediately preceding the certification, and that the physician, physician assistant,
2599 nurse practitioner, or designated examiner is of the opinion that, due to mental illness, the adult
2600 poses a substantial danger to self or others; or
2601 (b) a peace officer or a mental health officer:
2602 (i) observing an adult's conduct that gives the peace officer or mental health officer
2603 probable cause to believe that:
2604 (A) the adult has a mental illness; and
2605 (B) because of the adult's mental illness and conduct, the adult poses a substantial
2606 danger to self or others; and
2607 (ii) completing a temporary commitment application that:
2608 (A) is on a form prescribed by the division;
2609 (B) states the peace officer's or mental health officer's belief that the adult poses a
2610 substantial danger to self or others;
2611 (C) states the specific nature of the danger;
2612 (D) provides a summary of the observations upon which the statement of danger is
2613 based; and
2614 (E) provides a statement of the facts that called the adult to the peace officer's or
2615 mental health officer's attention.
2616 (2) If at any time a patient committed under this section no longer meets the
2617 commitment criteria described in Subsection (1), the local mental health authority or the local
2618 mental health authority's designee shall document the change and release the patient.
2619 (3) (a) A patient committed under this section may be held for a maximum of 24 hours
2620 after commitment, excluding Saturdays, Sundays, and legal holidays, unless:
2621 (i) as described in Section [
2622 commitment is commenced, which may be accompanied by an order of detention described in
2623 Subsection [
2624 (ii) the patient makes a voluntary application for admission; or
2625 (iii) before expiration of the 24 hour period, a licensed physician, licensed physician
2626 assistant, licensed nurse practitioner, or designated examiner examines the patient and certifies
2627 in writing that:
2628 (A) the patient, due to mental illness, poses a substantial danger to self or others;
2629 (B) additional time is necessary for evaluation and treatment of the patient's mental
2630 illness; and
2631 (C) there is no appropriate less-restrictive alternative to commitment to evaluate and
2632 treat the patient's mental illness.
2633 (b) A patient described in Subsection (3)(a)(iii) may be held for a maximum of 48
2634 hours after the 24 hour period described in Subsection (3)(a) expires, excluding Saturdays,
2635 Sundays, and legal holidays.
2636 (c) Subsection (3)(a)(iii) applies to an adult patient.
2637 (4) Upon a written application described in Subsection (1)(a) or the observation and
2638 belief described in Subsection (1)(b)(i), the adult shall be:
2639 (a) taken into a peace officer's protective custody, by reasonable means, if necessary for
2640 public safety; and
2641 (b) transported for temporary commitment to a facility designated by the local mental
2642 health authority, by means of:
2643 (i) an ambulance, if the adult meets any of the criteria described in Section [
2644 26B-4-119;
2645 (ii) an ambulance, if a peace officer is not necessary for public safety, and
2646 transportation arrangements are made by a physician, physician assistant, nurse practitioner,
2647 designated examiner, or mental health officer;
2648 (iii) the city, town, or municipal law enforcement authority with jurisdiction over the
2649 location where the adult is present, if the adult is not transported by ambulance;
2650 (iv) the county sheriff, if the designated facility is outside of the jurisdiction of the law
2651 enforcement authority described in Subsection (4)(b)(iii) and the adult is not transported by
2652 ambulance; or
2653 (v) nonemergency secured behavioral health transport as that term is defined in Section
2654 [
2655 (5) Notwithstanding Subsection (4):
2656 (a) an individual shall be transported by ambulance to an appropriate medical facility
2657 for treatment if the individual requires physical medical attention;
2658 (b) if an officer has probable cause to believe, based on the officer's experience and
2659 de-escalation training that taking an individual into protective custody or transporting an
2660 individual for temporary commitment would increase the risk of substantial danger to the
2661 individual or others, a peace officer may exercise discretion to not take the individual into
2662 custody or transport the individual, as permitted by policies and procedures established by the
2663 officer's law enforcement agency and any applicable federal or state statute, or case law; and
2664 (c) if an officer exercises discretion under Subsection (4)(b) to not take an individual
2665 into protective custody or transport an individual, the officer shall document in the officer's
2666 report the details and circumstances that led to the officer's decision.
2667 (6) (a) The local mental health authority shall inform an adult patient committed under
2668 this section of the reason for commitment.
2669 (b) An adult patient committed under this section has the right to:
2670 (i) within three hours after arrival at the local mental health authority, make a
2671 telephone call, at the expense of the local mental health authority, to an individual of the
2672 patient's choice; and
2673 (ii) see and communicate with an attorney.
2674 (7) (a) Title 63G, Chapter 7, Governmental Immunity Act of Utah, applies to this
2675 section.
2676 (b) This section does not create a special duty of care.
2677 Section 59. Section 26B-5-332, which is renumbered from Section 62A-15-631 is
2678 renumbered and amended to read:
2679 [
2680 Examination -- Hearing -- Power of court -- Findings required -- Costs.
2681 (1) A responsible individual who has credible knowledge of an adult's mental illness
2682 and the condition or circumstances that have led to the adult's need to be involuntarily
2683 committed may initiate an involuntary commitment court proceeding by filing, in the [
2684 court in the county where the proposed patient resides or is found, a written application that
2685 includes:
2686 (a) unless the court finds that the information is not reasonably available, the proposed
2687 patient's:
2688 (i) name;
2689 (ii) date of birth; and
2690 (iii) social security number;
2691 (b) (i) a certificate of a licensed physician or a designated examiner stating that within
2692 the seven-day period immediately preceding the certification, the physician or designated
2693 examiner examined the proposed patient and is of the opinion that the proposed patient has a
2694 mental illness and should be involuntarily committed; or
2695 (ii) a written statement by the applicant that:
2696 (A) the proposed patient has been requested to, but has refused to, submit to an
2697 examination of mental condition by a licensed physician or designated examiner;
2698 (B) is sworn to under oath; and
2699 (C) states the facts upon which the application is based; and
2700 (c) a statement whether the proposed patient has previously been under an assisted
2701 outpatient treatment order, if known by the applicant.
2702 (2) Before issuing a judicial order, the court:
2703 (a) shall require the applicant to consult with the appropriate local mental health
2704 authority at or before the hearing; and
2705 (b) may direct a mental health professional from the local mental health authority to
2706 interview the applicant and the proposed patient to determine the existing facts and report the
2707 existing facts to the court.
2708 (3) The court may issue an order, directed to a mental health officer or peace officer, to
2709 immediately place a proposed patient in the custody of a local mental health authority or in a
2710 temporary emergency facility, as described in Section [
2711 for the purpose of examination if:
2712 (a) the court finds from the application, any other statements under oath, or any reports
2713 from a mental health professional that there is a reasonable basis to believe that the proposed
2714 patient has a mental illness that poses a danger to self or others and requires involuntary
2715 commitment pending examination and hearing; or
2716 (b) the proposed patient refuses to submit to an interview with a mental health
2717 professional as directed by the court or to go to a treatment facility voluntarily.
2718 (4) (a) The court shall provide notice of commencement of proceedings for involuntary
2719 commitment, setting forth the allegations of the application and any reported facts, together
2720 with a copy of any official order of detention, to a proposed patient before, or upon, placement
2721 of the proposed patient in the custody of a local mental health authority or, with respect to any
2722 proposed patient presently in the custody of a local mental health authority whose status is
2723 being changed from voluntary to involuntary, upon the filing of an application for that purpose
2724 with the court.
2725 (b) The place of detention shall maintain a copy of the order of detention.
2726 (5) (a) The court shall provide notice of commencement of proceedings for involuntary
2727 commitment as soon as practicable to the applicant, any legal guardian, any immediate adult
2728 family members, legal counsel for the parties involved, the local mental health authority or the
2729 local mental health authority's designee, and any other persons whom the proposed patient or
2730 the court designates.
2731 (b) Except as provided in Subsection (5)(c), the notice under Subsection (5)(a) shall
2732 advise the persons that a hearing may be held within the time provided by law.
2733 (c) If the proposed patient refuses to permit release of information necessary for
2734 provisions of notice under this subsection, the court shall determine the extent of notice.
2735 (6) Proceedings for commitment of an individual under 18 years old to a local mental
2736 health authority may be commenced in accordance with [
2737
2738 Under Age 18.
2739 (7) (a) The [
2740 any other district court within this state, if the transfer will not be adverse to the interest of the
2741 proposed patient.
2742 (b) If a case is transferred under Subsection (7)(a), the parties to the case may be
2743 transferred and the local mental health authority may be substituted in accordance with Utah
2744 Rules of Civil Procedure, Rule 25.
2745 (8) Within 24 hours, excluding Saturdays, Sundays, and legal holidays, of the issuance
2746 of a judicial order, or after commitment of a proposed patient to a local mental health authority
2747 or the local mental health authority's designee under court order for detention or examination,
2748 the court shall appoint two designated examiners:
2749 (a) who did not sign the civil commitment application nor the civil commitment
2750 certification under Subsection (1);
2751 (b) one of whom is a licensed physician; and
2752 (c) one of whom may be designated by the proposed patient or the proposed patient's
2753 counsel, if that designated examiner is reasonably available.
2754 (9) The court shall schedule a hearing to be held within 10 calendar days after the day
2755 on which the designated examiners are appointed.
2756 (10) (a) The designated examiners shall:
2757 (i) conduct the examinations separately;
2758 (ii) conduct the examinations at the home of the proposed patient, at a hospital or other
2759 medical facility, or at any other suitable place, including through telehealth, that is not likely to
2760 have a harmful effect on the proposed patient's health;
2761 (iii) inform the proposed patient, if not represented by an attorney:
2762 (A) that the proposed patient does not have to say anything;
2763 (B) of the nature and reasons for the examination;
2764 (C) that the examination was ordered by the court;
2765 (D) that any information volunteered could form part of the basis for the proposed
2766 patient's involuntary commitment;
2767 (E) that findings resulting from the examination will be made available to the court;
2768 and
2769 (F) that the designated examiner may, under court order, obtain the proposed patient's
2770 mental health records; and
2771 (iv) within 24 hours of examining the proposed patient, report to the court, orally or in
2772 writing, whether the proposed patient is mentally ill, has agreed to voluntary commitment, as
2773 described in Section [
2774 proposed patient without court proceedings.
2775 (b) If a designated examiner reports orally under Subsection (10)(a), the designated
2776 examiner shall immediately send a written report to the clerk of the court.
2777 (11) If a designated examiner is unable to complete an examination on the first attempt
2778 because the proposed patient refuses to submit to the examination, the court shall fix a
2779 reasonable compensation to be paid to the examiner.
2780 (12) If the local mental health authority, the local mental health authority's designee, or
2781 a medical examiner determines before the court hearing that the conditions justifying the
2782 findings leading to a commitment hearing no longer exist, the local mental health authority, the
2783 local mental health authority's designee, or the medical examiner shall immediately report the
2784 determination to the court.
2785 (13) The court may terminate the proceedings and dismiss the application at any time,
2786 including before the hearing, if the designated examiners or the local mental health authority or
2787 the local mental health authority's designee informs the court that the proposed patient:
2788 (a) does not meet the criteria in Subsection (16);
2789 (b) has agreed to voluntary commitment, as described in Section [
2790 26B-5-350;
2791 (c) has acceptable options for treatment programs that are available without court
2792 proceedings; or
2793 (d) meets the criteria for assisted outpatient treatment described in Section
2794 [
2795 (14) (a) Before the hearing, the court shall provide the proposed patient an opportunity
2796 to be represented by counsel, and if neither the proposed patient nor others provide counsel, the
2797 court shall appoint counsel and allow counsel sufficient time to consult with the proposed
2798 patient before the hearing.
2799 (b) In the case of an indigent proposed patient, the county in which the proposed
2800 patient resides or is found shall make payment of reasonable attorney fees for counsel, as
2801 determined by the court.
2802 (15) (a) (i) The court shall afford the proposed patient, the applicant, and any other
2803 person to whom notice is required to be given an opportunity to appear at the hearing, to
2804 testify, and to present and cross-examine witnesses.
2805 (ii) The court may, in the court's discretion, receive the testimony of any other person.
2806 (iii) The court may allow a waiver of the proposed patient's right to appear for good
2807 cause, which cause shall be set forth in the record, or an informed waiver by the patient, which
2808 shall be included in the record.
2809 (b) The court is authorized to exclude any person not necessary for the conduct of the
2810 proceedings and may, upon motion of counsel, require the testimony of each designated
2811 examiner to be given out of the presence of any other designated examiners.
2812 (c) The court shall conduct the hearing in as informal a manner as may be consistent
2813 with orderly procedure, and in a physical setting that is not likely to have a harmful effect on
2814 the mental health of the proposed patient, while preserving the due process rights of the
2815 proposed patient.
2816 (d) The court shall consider any relevant historical and material information that is
2817 offered, subject to the rules of evidence, including reliable hearsay under [
2818 Rules of Evidence, Rule 1102.
2819 (e) (i) A local mental health authority or the local mental health authority's designee or
2820 the physician in charge of the proposed patient's care shall, at the time of the hearing, provide
2821 the court with the following information:
2822 (A) the detention order;
2823 (B) admission notes;
2824 (C) the diagnosis;
2825 (D) any doctors' orders;
2826 (E) progress notes;
2827 (F) nursing notes;
2828 (G) medication records pertaining to the current commitment; and
2829 (H) whether the proposed patient has previously been civilly committed or under an
2830 order for assisted outpatient treatment.
2831 (ii) The information described in Subsection (15)(e)(i) shall also be supplied to the
2832 proposed patient's counsel at the time of the hearing, and at any time prior to the hearing upon
2833 request.
2834 (16) (a) The court shall order commitment of an adult proposed patient to a local
2835 mental health authority if, upon completion of the hearing and consideration of the information
2836 presented, the court finds by clear and convincing evidence that:
2837 (i) the proposed patient has a mental illness;
2838 (ii) because of the proposed patient's mental illness the proposed patient poses a
2839 substantial danger to self or others;
2840 (iii) the proposed patient lacks the ability to engage in a rational decision-making
2841 process regarding the acceptance of mental treatment as demonstrated by evidence of inability
2842 to weigh the possible risks of accepting or rejecting treatment;
2843 (iv) there is no appropriate less-restrictive alternative to a court order of commitment;
2844 and
2845 (v) the local mental health authority can provide the proposed patient with treatment
2846 that is adequate and appropriate to the proposed patient's conditions and needs.
2847 (b) (i) If, at the hearing, the court determines that the proposed patient has a mental
2848 illness but does not meet the other criteria described in Subsection (16)(a), the court may
2849 consider whether the proposed patient meets the criteria for assisted outpatient treatment under
2850 Section [
2851 (ii) The court may order the proposed patient to receive assisted outpatient treatment in
2852 accordance with Section [
2853 proposed patient meets the criteria for assisted outpatient treatment under Section
2854 [
2855 (iii) If the court determines that neither the criteria for commitment under Subsection
2856 (16)(a) nor the criteria for assisted outpatient treatment under Section [
2857 26B-5-351 are met, the court shall dismiss the proceedings after the hearing.
2858 (17) (a) (i) The order of commitment shall designate the period for which the patient
2859 shall be treated.
2860 (ii) If the patient is not under an order of commitment at the time of the hearing, the
2861 patient's treatment period may not exceed six months without a review hearing.
2862 (iii) Upon a review hearing, to be commenced before the expiration of the previous
2863 order of commitment, an order for commitment may be for an indeterminate period, if the court
2864 finds by clear and convincing evidence that the criteria described in Subsection (16) will last
2865 for an indeterminate period.
2866 (b) (i) The court shall maintain a current list of all patients under the court's order of
2867 commitment and review the list to determine those patients who have been under an order of
2868 commitment for the court designated period.
2869 (ii) At least two weeks before the expiration of the designated period of any order of
2870 commitment still in effect, the court that entered the original order of commitment shall inform
2871 the appropriate local mental health authority or the local mental health authority's designee of
2872 the expiration.
2873 (iii) Upon receipt of the information described in Subsection (17)(b)(ii), the local
2874 mental health authority or the local mental health authority's designee shall immediately
2875 reexamine the reasons upon which the order of commitment was based.
2876 (iv) If, after reexamination under Subsection (17)(b)(iii), the local mental health
2877 authority or the local mental health authority's designee determines that the conditions
2878 justifying commitment no longer exist, the local mental health authority or the local mental
2879 health authority's designee shall discharge the patient from involuntary commitment and
2880 immediately report the discharge to the court.
2881 (v) If, after reexamination under Subsection (17)(b)(iii), the local mental health
2882 authority or the local mental health authority's designee determines that the conditions
2883 justifying commitment continue to exist, the court shall immediately appoint two designated
2884 examiners and proceed under Subsections (8) through (14).
2885 (c) (i) The local mental health authority or the local mental health authority's designee
2886 responsible for the care of a patient under an order of commitment for an indeterminate period
2887 shall, at six-month intervals, reexamine the reasons upon which the order of indeterminate
2888 commitment was based.
2889 (ii) If the local mental health authority or the local mental health authority's designee
2890 determines that the conditions justifying commitment no longer exist, the local mental health
2891 authority or the local mental health authority's designee shall discharge the patient from the
2892 local mental health authority's or the local mental health authority designee's custody and
2893 immediately report the discharge to the court.
2894 (iii) If the local mental health authority or the local mental health authority's designee
2895 determines that the conditions justifying commitment continue to exist, the local mental health
2896 authority or the local mental health authority's designee shall send a written report of the
2897 findings to the court.
2898 (iv) A patient and the patient's counsel of record shall be notified in writing that the
2899 involuntary commitment will be continued under Subsection (17)(c)(iii), the reasons for the
2900 decision to continue, and that the patient has the right to a review hearing by making a request
2901 to the court.
2902 (v) Upon receiving a request under Subsection (17)(c)(iv), the court shall immediately
2903 appoint two designated examiners and proceed under Subsections (8) through (14).
2904 (18) (a) Any patient committed as a result of an original hearing or a patient's legally
2905 designated representative who is aggrieved by the findings, conclusions, and order of the court
2906 entered in the original hearing has the right to a new hearing upon a petition filed with the court
2907 within 30 days after the day on which the court order is entered.
2908 (b) The petition shall allege error or mistake in the findings, in which case the court
2909 shall appoint three impartial designated examiners previously unrelated to the case to conduct
2910 an additional examination of the patient.
2911 (c) Except as provided in Subsection (18)(b), the court shall, in all other respects,
2912 conduct the new hearing in the manner otherwise permitted.
2913 (19) The county in which the proposed patient resides or is found shall pay the costs of
2914 all proceedings under this section.
2915 Section 60. Section 26B-5-333, which is renumbered from Section 62A-15-632 is
2916 renumbered and amended to read:
2917 [
2918 initial involuntary commitment shall be considered to continue to exist.
2919 (1) When an individual is involuntarily committed to the custody of a local mental
2920 health authority under Subsection [
2921 commitment under that Subsection shall be considered to continue to exist for purposes of
2922 continued treatment under Subsection [
2923 under Section [
2924 (a) the patient is still mentally ill;
2925 (b) there is no appropriate less restrictive alternative to a court order of involuntary
2926 commitment; and
2927 (c) absent an order of involuntary commitment, the patient will likely pose a substantial
2928 danger to self or others.
2929 (2) When an individual has been ordered to assisted outpatient treatment under
2930 Subsection [
2931 the custody of a local mental health authority under Subsection [
2932 for purposes of continued treatment under Subsection [
2933 conditional release under Section [
2934 (a) the patient is still mentally ill;
2935 (b) there is no appropriate less-restrictive alternative to a court order of involuntary
2936 commitment; and
2937 (c) based upon the patient's conduct and statements during the preceding six months, or
2938 the patient's failure to comply with treatment recommendations during the preceding six
2939 months, the court finds that absent an order of involuntary commitment, the patient is likely to
2940 pose a substantial danger to self or others.
2941 (3) A patient whose treatment is continued or who is conditionally released under the
2942 terms of this section shall be maintained in the least restrictive environment available that can
2943 provide the patient with treatment that is adequate and appropriate.
2944 Section 61. Section 26B-5-334, which is renumbered from Section 62A-15-634 is
2945 renumbered and amended to read:
2946 [
2947 Pending commitment to a local mental health authority, a patient taken into custody or
2948 ordered to be committed pursuant to this part may be detained in the patient's home, a licensed
2949 foster home, or any other suitable facility under reasonable conditions prescribed by the local
2950 mental health authority. Except in an extreme emergency, the patient may not be detained in a
2951 nonmedical facility used for the detention of individuals charged with or convicted of criminal
2952 offenses. The local mental health authority shall take reasonable measures, including
2953 provision of medical care, as may be necessary to assure proper care of an individual
2954 temporarily detained pursuant to this section.
2955 Section 62. Section 26B-5-335, which is renumbered from Section 62A-15-635 is
2956 renumbered and amended to read:
2957 [
2958 Whenever a patient has been temporarily, involuntarily committed to a local mental
2959 health authority under Section [
2960 other than the patient's legal guardian, spouse, or next of kin, the local mental health authority
2961 or a designee of the local mental health authority shall immediately notify the patient's legal
2962 guardian, spouse, or next of kin, if known.
2963 Section 63. Section 26B-5-336, which is renumbered from Section 62A-15-636 is
2964 renumbered and amended to read:
2965 [
2966 Each local mental health authority or its designee shall, as frequently as practicable,
2967 examine or cause to be examined every person who has been committed to it. Whenever the
2968 local mental health authority or its designee determines that the conditions justifying
2969 involuntary commitment no longer exist, it shall discharge the patient. If the patient has been
2970 committed through judicial proceedings, a report describing that determination shall be sent to
2971 the clerk of the court where the proceedings were held.
2972 Section 64. Section 26B-5-337, which is renumbered from Section 62A-15-637 is
2973 renumbered and amended to read:
2974 [
2975 Placement in more restrictive environment -- Procedures.
2976 (1) A local mental health authority or a designee of a local mental health authority may
2977 conditionally release an improved patient to less restrictive treatment when:
2978 (a) the authority specifies the less restrictive treatment; and
2979 (b) the patient agrees in writing to the less restrictive treatment.
2980 (2) (a) Whenever a local mental health authority or a designee of a local mental health
2981 authority determines that the conditions justifying commitment no longer exist, the local
2982 mental health authority or the designee shall discharge the patient.
2983 (b) If the discharged patient has been committed through judicial proceedings, the local
2984 mental health authority or the designee shall prepare a report describing the determination and
2985 shall send the report to the clerk of the court where the proceedings were held.
2986 (3) (a) A local mental health authority or a designee of a local mental health authority
2987 is authorized to issue an order for the immediate placement of a current patient into a more
2988 restrictive environment, if:
2989 (i) the local mental health authority or a designee of a local mental health authority has
2990 reason to believe that the patient's current environment is aggravating the patient's mental
2991 illness; or
2992 (ii) the patient has failed to comply with the specified treatment plan to which the
2993 patient agreed in writing.
2994 (b) An order for a more restrictive environment shall:
2995 (i) state the reasons for the order;
2996 (ii) authorize any peace officer to take the patient into physical custody and transport
2997 the patient to a facility designated by the local mental health authority;
2998 (iii) inform the patient of the right to a hearing, the right to appointed counsel, and the
2999 other procedures described in Subsection [
3000 (iv) prior to or upon admission to the more restrictive environment, or upon imposition
3001 of additional or different requirements as conditions for continued conditional release from
3002 inpatient care, copies of the order shall be delivered to:
3003 (A) the patient;
3004 (B) the person in whose care the patient is placed;
3005 (C) the patient's counsel of record; and
3006 (D) the court that entered the original order of commitment.
3007 (c) If the patient was in a less restrictive environment for more than 30 days and is
3008 aggrieved by the change to a more restrictive environment, the patient or the patient's
3009 representative may request a hearing within 30 days of the change. Upon receiving the request,
3010 the court shall immediately appoint two designated examiners and proceed pursuant to Section
3011 [
3012 unless, by the time set for the hearing, the patient is returned to the less restrictive environment
3013 or the patient withdraws the request for a hearing, in writing.
3014 (d) The court shall:
3015 (i) make findings regarding whether the conditions described in Subsections (3)(a) and
3016 (b) were met and whether the patient is in the least restrictive environment that is appropriate
3017 for the patient's needs; and
3018 (ii) designate, by order, the environment for the patient's care and the period for which
3019 the patient shall be treated, which may not extend beyond expiration of the original order of
3020 commitment.
3021 (4) Nothing contained in this section prevents a local mental health authority or its
3022 designee, pursuant to Section [
3023 commitment or from placing a patient in an environment that is less restrictive than that
3024 ordered by the court.
3025 Section 65. Section 26B-5-338, which is renumbered from Section 62A-15-638 is
3026 renumbered and amended to read:
3027 [
3028 Procedures -- Costs.
3029 (1) Any patient committed pursuant to Section [
3030 reexamination of the order for commitment on the patient's own petition, or on that of the legal
3031 guardian, parent, spouse, relative, or friend, to the [
3032 patient resides or is detained.
3033 (2) Upon receipt of the petition, the court shall conduct or cause to be conducted by a
3034 mental health commissioner proceedings in accordance with Section [
3035 except that those proceedings shall not be required to be conducted if the petition is filed
3036 sooner than six months after the issuance of the order of commitment or the filing of a previous
3037 petition under this section, provided that the court may hold a hearing within a shorter period of
3038 time if good cause appears. The costs of proceedings for such judicial determination shall be
3039 paid by the county in which the patient resided or was found prior to commitment, upon
3040 certification, by the clerk of the [
3041 the county legislative body that those proceedings were held and the costs incurred.
3042 Section 66. Section 26B-5-339, which is renumbered from Section 62A-15-618 is
3043 renumbered and amended to read:
3044 [
3045 (1) A designated examiner shall consider a proposed patient's mental health history
3046 when evaluating a proposed patient.
3047 (2) A designated examiner may request a court order to obtain a proposed patient's
3048 mental health records if a proposed patient refuses to share this information with the designated
3049 examiner.
3050 (3) A designated examiner, when evaluating a proposed patient for civil commitment,
3051 shall consider whether:
3052 (a) a proposed patient has been under a court order for assisted outpatient treatment;
3053 (b) the proposed patient complied with the terms of the assisted outpatient treatment
3054 order, if any; and
3055 (c) whether assisted outpatient treatment is sufficient to meet the proposed patient's
3056 needs.
3057 (4) A designated examiner shall be allowed a reasonable fee by the county legislative
3058 body of the county in which the proposed patient resides or is found, unless the designated
3059 examiner is otherwise paid.
3060 Section 67. Section 26B-5-340, which is renumbered from Section 62A-15-630 is
3061 renumbered and amended to read:
3062 [
3063 The court may appoint a mental health commissioner to assist in conducting
3064 commitment proceedings in accordance with Section 78A-5-107.
3065 Section 68. Section 26B-5-341, which is renumbered from Section 62A-15-626 is
3066 renumbered and amended to read:
3067 [
3068 (1) (a) Subject to Subsection (1)(b), a local mental health authority or the mental health
3069 authority's designee shall release from commitment any individual who, in the opinion of the
3070 local mental health authority or the mental health authority's designee, has recovered or no
3071 longer meets the criteria specified in Section [
3072 (b) A local mental health authority's inability to locate a committed individual may not
3073 be the basis for the individual's release, unless the court orders the release of the individual
3074 after a hearing.
3075 (2) A local mental health authority or the mental health authority's designee may
3076 release from commitment any patient whose commitment is determined to be no longer
3077 advisable except as provided by Section [
3078 to assure that any further supportive services required to meet the patient's needs upon release
3079 will be provided.
3080 (3) When a patient has been committed to a local mental health authority by judicial
3081 process, the local mental health authority shall follow the procedures described in Sections
3082 [
3083 Section 69. Section 26B-5-342, which is renumbered from Section 62A-15-620 is
3084 renumbered and amended to read:
3085 [
3086 requirements -- Penalty.
3087 Any person who attempts to place another person in the custody of a local mental health
3088 authority contrary to the provisions of this part is guilty of a class B misdemeanor, in addition
3089 to liability in an action for damages, or subject to other criminal charges.
3090 Section 70. Section 26B-5-350, which is renumbered from Section 62A-15-630.4 is
3091 renumbered and amended to read:
3092 [
3093 (1) The local mental health authority or [
3094 designee shall provide assisted outpatient treatment, which shall include:
3095 (a) case management; and
3096 (b) an individualized treatment plan, created with input from the proposed patient
3097 when possible.
3098 (2) A court order for assisted outpatient treatment does not create independent
3099 authority to forcibly medicate a patient.
3100 Section 71. Section 26B-5-351, which is renumbered from Section 62A-15-630.5 is
3101 renumbered and amended to read:
3102 [
3103 (1) A responsible individual who has credible knowledge of an adult's mental illness
3104 and the condition or circumstances that have led to the adult's need for assisted outpatient
3105 treatment may file, in the [
3106 found, a written application that includes:
3107 (a) unless the court finds that the information is not reasonably available, the proposed
3108 patient's:
3109 (i) name;
3110 (ii) date of birth; and
3111 (iii) social security number; and
3112 (b) (i) a certificate of a licensed physician or a designated examiner stating that within
3113 the seven-day period immediately preceding the certification, the physician or designated
3114 examiner examined the proposed patient and is of the opinion that the proposed patient has a
3115 mental illness and should be involuntarily committed; or
3116 (ii) a written statement by the applicant that:
3117 (A) the proposed patient has been requested to, but has refused to, submit to an
3118 examination of mental condition by a licensed physician or designated examiner;
3119 (B) is sworn to under oath; and
3120 (C) states the facts upon which the application is based.
3121 (2) (a) Subject to Subsection (2)(b), before issuing a judicial order, the court may
3122 require the applicant to consult with the appropriate local mental health authority, and the court
3123 may direct a mental health professional from that local mental health authority to interview the
3124 applicant and the proposed patient to determine the existing facts and report them to the court.
3125 (b) The consultation described in Subsection (2)(a):
3126 (i) may take place at or before the hearing; and
3127 (ii) is required if the local mental health authority appears at the hearing.
3128 (3) If the proposed patient refuses to submit to an interview described in Subsection
3129 (2)(a) or an examination described in Subsection (8), the court may issue an order, directed to a
3130 mental health officer or peace officer, to immediately place the proposed patient into the
3131 custody of a local mental health authority or in a temporary emergency facility, as provided in
3132 Section [
3133 (4) Notice of commencement of proceedings for assisted outpatient treatment, setting
3134 forth the allegations of the application and any reported facts, together with a copy of any
3135 official order of detention, shall:
3136 (a) be provided by the court to a proposed patient before, or upon, placement into the
3137 custody of a local mental health authority or, with respect to any proposed patient presently in
3138 the custody of a local mental health authority;
3139 (b) be maintained at the proposed patient's place of detention, if any;
3140 (c) be provided by the court as soon as practicable to the applicant, any legal guardian,
3141 any immediate adult family members, legal counsel for the parties involved, the local mental
3142 health authority or its designee, and any other person whom the proposed patient or the court
3143 shall designate; and
3144 (d) advise that a hearing may be held within the time provided by law.
3145 (5) The [
3146 court within this state, provided that the transfer will not be adverse to the interest of the
3147 proposed patient.
3148 (6) Within 24 hours, excluding Saturdays, Sundays, and legal holidays, of the issuance
3149 of a judicial order, or after commitment of a proposed patient to a local mental health authority
3150 or its designee under court order for detention in order to complete an examination, the court
3151 shall appoint two designated examiners:
3152 (a) who did not sign the assisted outpatient treatment application nor the certification
3153 described in Subsection (1);
3154 (b) one of whom is a licensed physician; and
3155 (c) one of whom may be designated by the proposed patient or the proposed patient's
3156 counsel, if that designated examiner is reasonably available.
3157 (7) The court shall schedule a hearing to be held within 10 calendar days of the day on
3158 which the designated examiners are appointed.
3159 (8) The designated examiners shall:
3160 (a) conduct their examinations separately;
3161 (b) conduct the examinations at the home of the proposed patient, at a hospital or other
3162 medical facility, or at any other suitable place that is not likely to have a harmful effect on the
3163 proposed patient's health;
3164 (c) inform the proposed patient, if not represented by an attorney:
3165 (i) that the proposed patient does not have to say anything;
3166 (ii) of the nature and reasons for the examination;
3167 (iii) that the examination was ordered by the court;
3168 (iv) that any information volunteered could form part of the basis for the proposed
3169 patient to be ordered to receive assisted outpatient treatment; and
3170 (v) that findings resulting from the examination will be made available to the court;
3171 and
3172 (d) within 24 hours of examining the proposed patient, report to the court, orally or in
3173 writing, whether the proposed patient is mentally ill. If the designated examiner reports orally,
3174 the designated examiner shall immediately send a written report to the clerk of the court.
3175 (9) If a designated examiner is unable to complete an examination on the first attempt
3176 because the proposed patient refuses to submit to the examination, the court shall fix a
3177 reasonable compensation to be paid to the examiner.
3178 (10) If the local mental health authority, its designee, or a medical examiner determines
3179 before the court hearing that the conditions justifying the findings leading to an assisted
3180 outpatient treatment hearing no longer exist, the local mental health authority, its designee, or
3181 the medical examiner shall immediately report that determination to the court.
3182 (11) The court may terminate the proceedings and dismiss the application at any time,
3183 including prior to the hearing, if the designated examiners or the local mental health authority
3184 or its designee informs the court that the proposed patient does not meet the criteria in
3185 Subsection (14).
3186 (12) Before the hearing, an opportunity to be represented by counsel shall be afforded
3187 to the proposed patient, and if neither the proposed patient nor others provide counsel, the court
3188 shall appoint counsel and allow counsel sufficient time to consult with the proposed patient
3189 before the hearing. In the case of an indigent proposed patient, the payment of reasonable
3190 attorney fees for counsel, as determined by the court, shall be made by the county in which the
3191 proposed patient resides or is found.
3192 (13) (a) All persons to whom notice is required to be given shall be afforded an
3193 opportunity to appear at the hearing, to testify, and to present and cross-examine witnesses. The
3194 court may, in its discretion, receive the testimony of any other individual. The court may allow
3195 a waiver of the proposed patient's right to appear for good cause, which cause shall be set forth
3196 in the record, or an informed waiver by the patient, which shall be included in the record.
3197 (b) The court is authorized to exclude all individuals not necessary for the conduct of
3198 the proceedings and may, upon motion of counsel, require the testimony of each examiner to be
3199 given out of the presence of any other examiners.
3200 (c) The hearing shall be conducted in as informal a manner as may be consistent with
3201 orderly procedure, and in a physical setting that is not likely to have a harmful effect on the
3202 mental health of the proposed patient.
3203 (d) The court shall consider all relevant historical and material information that is
3204 offered, subject to the rules of evidence, including reliable hearsay under Rule 1102, Utah
3205 Rules of Evidence.
3206 (e) (i) A local mental health authority or its designee, or the physician in charge of the
3207 proposed patient's care shall, at the time of the hearing, provide the court with the following
3208 information:
3209 (A) the detention order, if any;
3210 (B) admission notes, if any;
3211 (C) the diagnosis, if any;
3212 (D) doctor's orders, if any;
3213 (E) progress notes, if any;
3214 (F) nursing notes, if any; and
3215 (G) medication records, if any.
3216 (ii) The information described in Subsection (13)(e)(i) shall also be provided to the
3217 proposed patient's counsel:
3218 (A) at the time of the hearing; and
3219 (B) at any time prior to the hearing, upon request.
3220 (14) The court shall order a proposed patient to assisted outpatient treatment if, upon
3221 completion of the hearing and consideration of the information presented, the court finds by
3222 clear and convincing evidence that:
3223 (a) the proposed patient has a mental illness;
3224 (b) there is no appropriate less-restrictive alternative to a court order for assisted
3225 outpatient treatment; and
3226 (c) (i) the proposed patient lacks the ability to engage in a rational decision-making
3227 process regarding the acceptance of mental health treatment, as demonstrated by evidence of
3228 inability to weigh the possible risks of accepting or rejecting treatment; or
3229 (ii) the proposed patient needs assisted outpatient treatment in order to prevent relapse
3230 or deterioration that is likely to result in the proposed patient posing a substantial danger to self
3231 or others.
3232 (15) The court may order the applicant or a close relative of the patient to be the
3233 patient's personal representative, as described in 45 C.F.R. Sec. 164.502(g), for purposes of the
3234 patient's mental health treatment.
3235 (16) In the absence of the findings described in Subsection (14), the court, after the
3236 hearing, shall dismiss the proceedings.
3237 (17) (a) The assisted outpatient treatment order shall designate the period for which the
3238 patient shall be treated, which may not exceed 12 months without a review hearing.
3239 (b) At a review hearing, the court may extend the duration of an assisted outpatient
3240 treatment order by up to 12 months, if:
3241 (i) the court finds by clear and convincing evidence that the patient meets the
3242 conditions described in Subsection (14); or
3243 (ii) (A) the patient does not appear at the review hearing;
3244 (B) notice of the review hearing was provided to the patient's last known address by the
3245 applicant described in Subsection (1) or by a local mental health authority; and
3246 (C) the patient has appeared in court or signed an informed waiver within the previous
3247 18 months.
3248 (c) The court shall maintain a current list of all patients under its order of assisted
3249 outpatient treatment.
3250 (d) At least two weeks prior to the expiration of the designated period of any assisted
3251 outpatient treatment order still in effect, the court that entered the original order shall inform
3252 the appropriate local mental health authority or its designee.
3253 (18) Costs of all proceedings under this section shall be paid by the county in which the
3254 proposed patient resides or is found.
3255 (19) A court may not hold an individual in contempt for failure to comply with an
3256 assisted outpatient treatment order.
3257 (20) As provided in Section 31A-22-651, a health insurance provider may not deny an
3258 insured the benefits of the insured's policy solely because the health care that the insured
3259 receives is provided under a court order for assisted outpatient treatment.
3260 Section 72. Section 26B-5-360, which is renumbered from Section 62A-15-625 is
3261 renumbered and amended to read:
3262 [
3263 (1) A local mental health authority, a designee of a local mental health authority, or
3264 another mental health facility may admit for observation, diagnosis, care, and treatment an
3265 adult who applies for voluntary admission and who has a mental illness or exhibits the
3266 symptoms of a mental illness.
3267 (2) No adult may be committed to a local mental health authority against that adult's
3268 will except as provided in this chapter.
3269 (3) An adult may be voluntarily admitted to a local mental health authority for
3270 treatment at the Utah State Hospital as a condition of probation or stay of sentence only after
3271 the requirements of Section 77-18-106 have been met.
3272 Section 73. Section 26B-5-361, which is renumbered from Section 62A-15-627 is
3273 renumbered and amended to read:
3274 [
3275 (1) Except as provided in Subsection (2), a mental health facility shall immediately
3276 release an adult patient:
3277 (a) who is voluntarily admitted, as described in Section [
3278 who requests release, verbally or in writing; or
3279 (b) whose release is requested in writing by the patient's legal guardian, parent, spouse,
3280 or adult next of kin.
3281 (2) (a) An adult patient's release under Subsection (1) may be conditioned upon the
3282 agreement of the patient, if:
3283 (i) the request for release is made by an individual other than the patient; or
3284 (ii) the admitting local mental health authority, the designee of the local mental health
3285 authority, or the admitting mental health facility has cause to believe that release of the patient
3286 would be unsafe for the patient or others.
3287 (b) (i) An adult patient's release may be postponed for up to 48 hours, excluding
3288 weekends and holidays, if the admitting local mental health authority, the designee of the local
3289 mental health authority, or the admitting mental health facility causes involuntary commitment
3290 proceedings to be commenced with the [
3291 (ii) The admitting local mental health authority, the designee of the local mental health
3292 authority, or the admitting mental health facility shall provide written notice of the
3293 postponement and the reasons for the postponement to the patient without undue delay.
3294 (3) A judicial proceeding for involuntary commitment may not be commenced with
3295 respect to a voluntary patient unless the patient requests release.
3296 Section 74. Section 26B-5-362, which is renumbered from Section 62A-15-646 is
3297 renumbered and amended to read:
3298 [
3299 Nothing contained in this part may be construed to alter or change the method presently
3300 employed for the commitment and care of the criminally insane as provided in Title 77,
3301 Chapter 15, Inquiry into Sanity of Defendant.
3302 Section 75. Section 26B-5-363, which is renumbered from Section 62A-15-616 is
3303 renumbered and amended to read:
3304 [
3305 (1) A person who enters this state while mentally ill may be returned by a local mental
3306 health authority to the home of relatives or friends of that person with a mental illness, if
3307 known, or to a hospital in the state where that person with a mental illness is domiciled, in
3308 accordance with [
3309 Section 26B-5-365.
3310 (2) This section does not prevent commitment of persons who are traveling through or
3311 temporarily residing in this state.
3312 Section 76. Section 26B-5-364, which is renumbered from Section 62A-15-633 is
3313 renumbered and amended to read:
3314 [
3315 agency -- Continuing jurisdiction of state courts.
3316 (1) If an individual committed pursuant to Section [
3317 for care or treatment by any agency of the United States, the court, upon receipt of a certificate
3318 from a United States agency, showing that facilities are available and that the individual is
3319 eligible for care or treatment therein, may order the individual to be placed in the custody of
3320 that agency for care.
3321 (2) When admitted to any facility or institution operated by a United States agency,
3322 within or without this state, the individual shall be subject to the rules and regulations of that
3323 agency.
3324 (3) The chief officer of any facility or institution operated by a United States agency
3325 and in which the individual is hospitalized, shall, with respect to that individual, be vested with
3326 the same powers as the superintendent or director of a mental health facility, regarding
3327 detention, custody, transfer, conditional release, or discharge of patients. Jurisdiction is
3328 retained in appropriate courts of this state at any time to inquire into the mental condition of an
3329 individual so hospitalized, and to determine the necessity for continuance of hospitalization,
3330 and every order of hospitalization issued pursuant to this section is so conditioned.
3331 Section 77. Section 26B-5-365, which is renumbered from Section 62A-15-801 is
3332 renumbered and amended to read:
3333 [
3334 provisions.
3335 The Interstate Compact on Mental Health is hereby enacted and entered into with all
3336 other jurisdictions that legally join in the compact, which is, in form, substantially as follows:
3337
3338
3339
3340 The proper and expeditious treatment of the mentally ill can be facilitated by
3341 cooperative action, to the benefit of the patients, their families, and society as a whole. Further,
3342 the party states find that the necessity of and desirability of furnishing that care and treatment
3343 bears no primary relation to the residence or citizenship of the patient but that the controlling
3344 factors of community safety and humanitarianism require that facilities and services be made
3345 available for all who are in need of them. Consequently, it is the purpose of this compact and
3346 of the party states to provide the necessary legal and constitutional basis for commitment or
3347 other appropriate care and treatment of the mentally ill under a system that recognizes the
3348 paramount importance of patient welfare and to establish the responsibilities of the party states.
3349 The appropriate authority in this state for making determinations under this compact is
3350 the director of the division or his designee.
3351
3352 As used in this compact:
3353 (1) "After-care" means care, treatment, and services provided to a patient on
3354 convalescent status or conditional release.
3355 (2) "Institution" means any hospital, program, or facility maintained by a party state or
3356 political subdivision for the care and treatment of persons with a mental illness.
3357 (3) "Mental illness" means a psychiatric disorder as defined by the current Diagnostic
3358 and Statistical Manual of Mental Disorders, that substantially impairs a person's mental,
3359 emotional, behavioral, or related functioning to such an extent that he requires care and
3360 treatment for his own welfare, the welfare of others, or the community.
3361 (4) "Patient" means any person subject to or eligible, as determined by the laws of the
3362 sending state, for institutionalization or other care, treatment, or supervision pursuant to the
3363 provisions of this compact and constitutional due process requirements.
3364 (5) "Receiving state" means a party state to which a patient is transported pursuant to
3365 the provisions of the compact or to which it is contemplated that a patient may be sent.
3366 (6) "Sending state" means a party state from which a patient is transported pursuant to
3367 the provisions of the compact or from which it is contemplated that a patient may be sent.
3368 (7) "State" means any state, territory, or possession of the United States, the District of
3369 Columbia, and the Commonwealth of Puerto Rico.
3370
3371 (1) Whenever a person physically present in any party state is in need of
3372 institutionalization because of mental illness, he shall be eligible for care and treatment in an
3373 institution in that state, regardless of his residence, settlement, or citizenship qualifications.
3374 (2) Notwithstanding the provisions of Subsection (1) of this article, any patient may be
3375 transferred to an institution in another state whenever there are factors, based upon clinical
3376 determinations, indicating that the care and treatment of that patient would be facilitated or
3377 improved by that action. Any such institutionalization may be for the entire period of care and
3378 treatment or for any portion or portions thereof. The factors to be considered include the
3379 patient's full record with due regard for the location of the patient's family, the character of his
3380 illness and its probable duration, and other factors considered appropriate by authorities in the
3381 party state and the director of the division, or his designee.
3382 (3) No state is obliged to receive any patient pursuant to the provisions of Subsection
3383 (2) of this article unless the sending state has:
3384 (a) given advance notice of its intent to send the patient;
3385 (b) furnished all available medical and other pertinent records concerning the patient;
3386 (c) given the qualified medical or other appropriate clinical authorities of the receiving
3387 state an opportunity to examine the patient; and
3388 (d) determined that the receiving state agrees to accept the patient.
3389 (4) In the event that the laws of the receiving state establish a system of priorities for
3390 the admission of patients, an interstate patient under this compact shall receive the same
3391 priority as a local patient and shall be taken in the same order and at the same time that he
3392 would be taken if he were a local patient.
3393 (5) Pursuant to this compact, the determination as to the suitable place of
3394 institutionalization for a patient may be reviewed at any time and further transfer of the patient
3395 may be made as is deemed to be in the best interest of the patient, as determined by appropriate
3396 authorities in the receiving and sending states.
3397
3398 (1) Whenever, pursuant to the laws of the state in which a patient is physically present,
3399 it is determined that the patient should receive after-care or supervision, that care or
3400 supervision may be provided in the receiving state. If the medical or other appropriate clinical
3401 authorities who have responsibility for the care and treatment of the patient in the sending state
3402 believe that after-care in another state would be in the best interest of the patient and would not
3403 jeopardize the public safety, they shall request the appropriate authorities in the receiving state
3404 to investigate the desirability of providing the patient with after-care in the receiving state.
3405 That request for investigation shall be accompanied by complete information concerning the
3406 patient's intended place of residence and the identity of the person in whose charge the patient
3407 would be placed, the complete medical history of the patient, and other pertinent documents.
3408 (2) If the medical or other appropriate clinical authorities who have responsibility for
3409 the care and treatment of the patient in the sending state, and the appropriate authorities in the
3410 receiving state find that the best interest of the patient would be served, and if the public safety
3411 would not be jeopardized, the patient may receive after-care or supervision in the receiving
3412 state.
3413 (3) In supervising, treating, or caring for a patient on after-care pursuant to the terms of
3414 this article, a receiving state shall employ the same standards of visitation, examination, care,
3415 and treatment as for similar local patients.
3416
3417 Whenever a dangerous or potentially dangerous patient escapes from an institution in
3418 any party state, that state shall promptly notify all appropriate authorities both within and
3419 without the jurisdiction of the escape in a manner reasonably calculated to facilitate the speedy
3420 apprehension of the escapee. Immediately upon the apprehension and identification of that
3421 patient, he shall be detained in the state where found, pending disposition in accordance with
3422 the laws of that state.
3423
3424 Accredited officers of any party state, upon the establishment of their authority and the
3425 identity of the patient, shall be permitted to transport any patient being moved pursuant to this
3426 compact through any and all states party to this compact, without interference.
3427
3428 (1) No person may be deemed a patient of more than one institution at any given time.
3429 Completion of transfer of any patient to an institution in a receiving state has the effect of
3430 making the person a patient of the institution in the receiving state.
3431 (2) The sending state shall pay all costs of and incidental to the transportation of any
3432 patient pursuant to this compact, but any two or more party states may, by making a specific
3433 agreement for that purpose, arrange for a different allocation of costs among themselves.
3434 (3) No provision of this compact may be construed to alter or affect any internal
3435 relationships among the departments, agencies, and officers of a party state, or between a party
3436 state and its subdivisions, as to the payment of costs or responsibilities.
3437 (4) Nothing in this compact may be construed to prevent any party state or any of its
3438 subdivisions from asserting any right against any person, agency, or other entity with regard to
3439 costs for which that party state or its subdivision may be responsible under this compact.
3440 (5) Nothing in this compact may be construed to invalidate any reciprocal agreement
3441 between a party state and a nonparty state relating to institutionalization, care, or treatment of
3442 the mentally ill, or any statutory authority under which those agreements are made.
3443
3444 (1) Nothing in this compact may be construed to abridge, diminish, or in any way
3445 impair the rights, duties, and responsibilities of any patient's guardian on his own behalf or
3446 with respect to any patient for whom he serves, except that when the transfer of a patient to
3447 another jurisdiction makes advisable the appointment of a supplemental or substitute guardian,
3448 a court of competent jurisdiction in the receiving state may make supplemental or substitute
3449 appointments. In that case, the court that appointed the previous guardian shall, upon being
3450 advised of the new appointment and upon the satisfactory completion of accounting and other
3451 acts as the court may require, relieve the previous guardian of power and responsibility to
3452 whatever extent is appropriate in the circumstances.
3453 However, in the case of any patient having settlement in the sending state, a court of
3454 competent jurisdiction in the sending state has the sole discretion to relieve a guardian
3455 appointed by it or to continue his power and responsibility, as it deems advisable. The court in
3456 the receiving state may, in its discretion, confirm or reappoint the person or persons previously
3457 serving as guardian in the sending state in lieu of making a supplemental or substitute
3458 appointment.
3459 (2) The term "guardian" as used in Subsection (1) of this article includes any guardian,
3460 trustee, legal committee, conservator, or other person or agency however denominated, who is
3461 charged by law with power to act for the person or property of a patient.
3462
3463 (1) No provision of this compact except Article V applies to any person
3464 institutionalized while under sentence in a penal or correctional institution, while subject to
3465 trial on a criminal charge, or whose institutionalization is due to the commission of an offense
3466 for which, in the absence of mental illness, he would be subject to incarceration in a penal or
3467 correctional institution.
3468 (2) To every extent possible, it shall be the policy of party states that no patient be
3469 placed or detained in any prison, jail, or lockup, but shall, with all expedition, be taken to a
3470 suitable institutional facility for mental illness.
3471
3472 (1) Each party state shall appoint a "compact administrator" who, on behalf of his state,
3473 shall act as general coordinator of activities under the compact in his state and receive copies of
3474 all reports, correspondence, and other documents relating to any patient processed under the
3475 compact by his state, either in the capacity of sending or receiving state. The compact
3476 administrator, or his designee, shall deal with all matters relating to the compact and patients
3477 processed under the compact. In this state the director of the division, or his designee shall act
3478 as the "compact administrator."
3479 (2) The compact administrators of the respective party states have power to promulgate
3480 reasonable rules and regulations as are necessary to carry out the terms and provisions of this
3481 compact. In this state, the division has authority to establish those rules in accordance with the
3482 Utah Administrative Rulemaking Act.
3483 (3) The compact administrator shall cooperate with all governmental departments,
3484 agencies, and officers in this state and its subdivisions in facilitating the proper administration
3485 of the compact and any supplementary agreement or agreements entered into by this state under
3486 the compact.
3487 (4) The compact administrator is hereby authorized and empowered to enter into
3488 supplementary agreements with appropriate officials of other states pursuant to Articles VII
3489 and XI of this compact. In the event that supplementary agreements require or contemplate the
3490 use of any institution or facility of this state or require or contemplate the provision of any
3491 service by this state, that agreement shall have no force unless approved by the director of the
3492 department or agency under whose jurisdiction the institution or facility is operated, or whose
3493 department or agency will be charged with the rendering of services.
3494 (5) The compact administrator may make or arrange for any payments necessary to
3495 discharge financial obligations imposed upon this state by the compact or by any
3496 supplementary agreement entered into under the compact.
3497
3498 Administrative authorities of any two or more party states may enter into supplementary
3499 agreements for the provision of any service or facility, or for the maintenance of any institution
3500 on a joint or cooperative basis whenever the states concerned find that those agreements will
3501 improve services, facilities, or institutional care and treatment of persons who are mentally ill.
3502 A supplementary agreement may not be construed to relieve a party state of any obligation that
3503 it otherwise would have under other provisions of this compact.
3504
3505 This compact has full force and effect in any state when it is enacted into law in that
3506 state. Thereafter, that state is a party to the compact with any and all states that have legally
3507 joined.
3508
3509 A party state may withdraw from the compact by enacting a statute repealing the
3510 compact. Withdrawal takes effect one year after notice has been communicated officially and
3511 in writing to the compact administrators of all other party states. However, the withdrawal of a
3512 state does not change the status of any patient who has been sent to that state or sent out of that
3513 state pursuant to the compact.
3514
3515 This compact shall be liberally construed so as to effectuate its purposes. The
3516 provisions of this compact are severable, and if any phrase, clause, sentence or provision is
3517 declared to be contrary to the constitution of the United States or the applicability to any
3518 government, agency, person, or circumstance is held invalid, the validity of the remainder of
3519 this compact and its applicability to any government, agency, person, or circumstance shall not
3520 be affected thereby. If this compact is held to be contrary to the constitution of any party state
3521 the compact shall remain in full force and effect as to the remaining states and in full force and
3522 effect as to the state affected as to all severable matters.
3523 Section 78. Section 26B-5-366, which is renumbered from Section 62A-15-802 is
3524 renumbered and amended to read:
3525 [
3526 Requirement of conformity with this chapter.
3527 All actions and proceedings taken under authority of this compact shall be in
3528 accordance with the procedures and constitutional requirements described in [
3529
3530 Section 79. Section 26B-5-367, which is renumbered from Section 62A-15-647 is
3531 renumbered and amended to read:
3532 [
3533 If any one or more provision, section, subsection, sentence, clause, phrase, or word of
3534 this part, or the application thereof to any person or circumstance, is found to be
3535 unconstitutional the same is hereby declared to be severable and the balance of this part shall
3536 remain effective notwithstanding that unconstitutionality. The Legislature hereby declares that
3537 it would have passed this part, and each provision, section, subsection, sentence, clause, phrase,
3538 or word thereof, irrespective of the fact that any one or more provision, section, subsection,
3539 sentence, clause, phrase, or word be declared unconstitutional.
3540 Section 80. Section 26B-5-370, which is renumbered from Section 62A-15-901 is
3541 renumbered and amended to read:
3542 [
3543 Health Facility.
3544 The Utah Forensic Mental Health Facility is hereby established and shall be located on
3545 state land on the campus of the Utah State Hospital in Provo, Utah County.
3546 Section 81. Section 26B-5-371, which is renumbered from Section 62A-15-902 is
3547 renumbered and amended to read:
3548 [
3549 operation -- Security.
3550 (1) The forensic mental health facility is a secure treatment facility.
3551 (2) (a) The forensic mental health facility accommodates the following populations:
3552 (i) prison inmates displaying mental illness[
3553 necessitating treatment in a secure mental health facility;
3554 (ii) criminally adjudicated persons found guilty with a mental illness or guilty with a
3555 mental illness at the time of the offense undergoing evaluation for mental illness under Title
3556 77, Chapter 16a, Commitment and Treatment of Persons with a Mental Illness;
3557 (iii) criminally adjudicated persons undergoing evaluation for competency or found
3558 guilty with a mental illness or guilty with a mental illness at the time of the offense under Title
3559 77, Chapter 16a, Commitment and Treatment of Persons with a Mental Illness, who also have
3560 an intellectual disability;
3561 (iv) persons undergoing evaluation for competency or found by a court to be
3562 incompetent to proceed in accordance with Title 77, Chapter 15, Inquiry into Sanity of
3563 Defendant, or not guilty by reason of insanity under Title 77, Chapter 14, Defenses;
3564 (v) persons who are civilly committed to the custody of a local mental health authority
3565 in accordance with [
3566
3567 because of a lack of necessary security, as determined by the superintendent or the
3568 superintendent's designee; and
3569 (vi) persons ordered to commit themselves to the custody of the [
3570
3571 probation or stay of sentence pursuant to Title 77, Chapter 18, The Judgment.
3572 (b) Placement of an offender in the forensic mental health facility under any category
3573 described in Subsection (2)(a)(ii), (iii), (iv), or (vi) shall be made on the basis of the offender's
3574 status as established by the court at the time of adjudication.
3575 (c) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
3576 department shall make rules providing for the allocation of beds to the categories described in
3577 Subsection (2)(a).
3578 (3) The department shall:
3579 (a) own and operate the forensic mental health facility;
3580 (b) provide and supervise administrative and clinical staff; and
3581 (c) provide security staff who are trained as psychiatric technicians.
3582 (4) Pursuant to Subsection [
3583 designate individuals to perform security functions for the state hospital.
3584 Section 82. Section 26B-5-372, which is renumbered from Section 62A-15-605.5 is
3585 renumbered and amended to read:
3586 [
3587 Corrections to state hospital -- Retransfer of person to Department of Corrections.
3588 (1) The executive director of the Department of Corrections may request the director to
3589 admit a person who is in the custody of the Department of Corrections to the state hospital, if
3590 the clinical director within the Department of Corrections finds that the inmate has mentally
3591 deteriorated to the point that admission to the state hospital is necessary to ensure adequate
3592 mental health treatment. In determining whether that inmate should be placed in the state
3593 hospital, the director of the division shall consider:
3594 (a) the mental health treatment needs of the inmate;
3595 (b) the treatment programs available at the state hospital; and
3596 (c) whether the inmate meets the requirements of Subsection [
3597 26B-5-306(2).
3598 (2) If the director denies the admission of an inmate as requested by the clinical
3599 director within the Department of Corrections, the Board of Pardons and Parole shall determine
3600 whether the inmate will be admitted to the state hospital. The Board of Pardons and Parole
3601 shall consider:
3602 (a) the mental health treatment needs of the inmate;
3603 (b) the treatment programs available at the state hospital; and
3604 (c) whether the inmate meets the requirements of Subsection [
3605 26B-5-306(2).
3606 (3) The state hospital shall receive any person in the custody of the Department of
3607 Corrections when ordered by either the director or the Board of Pardons and Parole, pursuant to
3608 Subsection (1) or (2). Any person so transferred to the state hospital shall remain in the
3609 custody of the Department of Corrections, and the state hospital shall act solely as the agent of
3610 the Department of Corrections.
3611 (4) Inmates transferred to the state hospital pursuant to this section shall be transferred
3612 back to the Department of Corrections through negotiations between the director and the
3613 director of the Department of Corrections. If agreement between the director and the director
3614 of the Department of Corrections cannot be reached, the Board of Pardons and Parole shall
3615 have final authority in determining whether a person will be transferred back to the Department
3616 of Corrections. In making that determination, that board shall consider:
3617 (a) the mental health treatment needs of the inmate;
3618 (b) the treatment programs available at the state hospital;
3619 (c) whether the person continues to meet the requirements of Subsection [
3620 26B-5-306(2);
3621 (d) the ability of the state hospital to provide adequate treatment to the person, as well
3622 as safety and security to the public; and
3623 (e) whether, in the opinion of the director, in consultation with the clinical director of
3624 the state hospital, the person's treatment needs have been met.
3625 Section 83. Section 26B-5-380, which is renumbered from Section 62A-1-108.5 is
3626 renumbered and amended to read:
3627 [
3628 examinations -- Responsibilities of the department.
3629 (1) In accomplishing the department's duties to conduct a competency evaluation under
3630 Title 77, Utah Code of Criminal Procedure, and a juvenile competency evaluation under
3631 Section 80-6-402, the department shall proceed as outlined in this section and within
3632 appropriations authorized by the Legislature.
3633 (2) When the department is ordered by a court to conduct a competency evaluation, the
3634 department shall designate a forensic evaluator, selected under Subsection (4), to evaluate the
3635 defendant in the defendant's current custody or status.
3636 (3) When the department is ordered by the juvenile court to conduct a juvenile
3637 competency evaluation under Section 80-6-402, the department shall:
3638 (a) designate an examiner selected pursuant to Subsection (4) to evaluate the minor;
3639 and
3640 (b) upon a finding of good cause and order of the court, designate a second examiner to
3641 evaluate the minor.
3642 (4) The department shall establish criteria, in consultation with the Commission on
3643 Criminal and Juvenile Justice, and shall contract with persons to conduct competency
3644 evaluations and juvenile competency evaluations under Subsections (2) and (3)(b). In making
3645 this selection, the department shall follow the provisions of Title 63G, Chapter 6a, Utah
3646 Procurement Code.
3647 (5) Nothing in this section prohibits the department, at the request of defense counsel
3648 or a prosecuting attorney in a criminal proceeding under Title 77, Utah Code of Criminal
3649 Procedure, and for good cause shown, from proposing a person who has not been previously
3650 selected under Subsection (4) to contract with the department to conduct the evaluation. In
3651 selecting that person, the criteria of the department established under Subsection (4) and the
3652 provisions of Title 63G, Chapter 6a, Utah Procurement Code, shall be met.
3653 Section 84. Section 26B-5-401, which is renumbered from Section 62A-15-701 is
3654 renumbered and amended to read:
3655
3656 [
3657 [
3658 (1) "Child" means a person under 18 years of age.
3659 (2) "Commit" and "commitment" mean the transfer of physical custody in accordance
3660 with the requirements of this part.
3661 (3) "Legal custody" means:
3662 (a) the right to determine where and with whom the child shall live;
3663 (b) the right to participate in all treatment decisions and to consent or withhold consent
3664 for treatment in which a constitutionally protected liberty or privacy interest may be affected,
3665 including antipsychotic medication, electroshock therapy, and psychosurgery; and
3666 (c) the right to authorize surgery or other extraordinary medical care.
3667 (4) "Physical custody" means:
3668 (a) placement of a child in any residential or inpatient setting;
3669 (b) the right to physical custody of a child;
3670 (c) the right and duty to protect the child; and
3671 (d) the duty to provide, or insure that the child is provided with, adequate food,
3672 clothing, shelter, and ordinary medical care.
3673 (5) "Residential" means any out-of-home placement made by a local mental health
3674 authority, but does not include out-of-home respite care.
3675 (6) "Respite care" means temporary, periodic relief provided to parents or guardians
3676 from the daily care of children with serious emotional disorders for the limited time periods
3677 designated by the division.
3678 Section 85. Section 26B-5-402, which is renumbered from Section 62A-15-702 is
3679 renumbered and amended to read:
3680 [
3681 public mental health system.
3682 A child is entitled to due process proceedings, in accordance with the requirements of
3683 this part, whenever the child:
3684 (1) may receive or receives services through the public mental health system and is
3685 placed, by a local mental health authority, in a physical setting where his liberty interests are
3686 restricted, including residential and inpatient placements; or
3687 (2) receives treatment in which a constitutionally protected privacy or liberty interest
3688 may be affected, including the administration of antipsychotic medication, electroshock
3689 therapy, and psychosurgery.
3690 Section 86. Section 26B-5-403, which is renumbered from Section 62A-15-703 is
3691 renumbered and amended to read:
3692 [
3693 proceeding -- Child in physical custody of local mental health authority.
3694 (1) A child may receive services from a local mental health authority in an inpatient or
3695 residential setting only after a commitment proceeding, for the purpose of transferring physical
3696 custody, has been conducted in accordance with the requirements of this section.
3697 (2) That commitment proceeding shall be initiated by a petition for commitment, and
3698 shall be a careful, diagnostic inquiry, conducted by a neutral and detached fact finder, pursuant
3699 to the procedures and requirements of this section. If the findings described in Subsection (4)
3700 exist, the proceeding shall result in the transfer of physical custody to the appropriate local
3701 mental health authority, and the child may be placed in an inpatient or residential setting.
3702 (3) The neutral and detached fact finder who conducts the inquiry:
3703 (a) shall be a designated examiner[
3704 (b) may not profit, financially or otherwise, from the commitment or physical
3705 placement of the child in that setting.
3706 (4) Upon determination by a fact finder that the following circumstances clearly exist,
3707 the fact finder may order that the child be committed to the physical custody of a local mental
3708 health authority:
3709 (a) the child has a mental illness[
3710 (b) the child demonstrates a reasonable fear of the risk of substantial danger to self or
3711 others;
3712 (c) the child will benefit from care and treatment by the local mental health authority;
3713 and
3714 (d) there is no appropriate less-restrictive alternative.
3715 (5) (a) The commitment proceeding before the neutral and detached fact finder shall be
3716 conducted in as informal manner as possible and in a physical setting that is not likely to have a
3717 harmful effect on the child.
3718 (b) The child, the child's parent or legal guardian, the petitioner, and a representative of
3719 the appropriate local mental health authority:
3720 (i) shall receive informal notice of the date and time of the proceeding; and
3721 (ii) may appear and address the petition for commitment.
3722 (c) The neutral and detached fact finder may, in the fact finder's discretion, receive the
3723 testimony of any other person.
3724 (d) The fact finder may allow a child to waive the child's right to be present at the
3725 commitment proceeding, for good cause shown. If that right is waived, the purpose of the
3726 waiver shall be made a matter of record at the proceeding.
3727 (e) At the time of the commitment proceeding, the appropriate local mental health
3728 authority, its designee, or the psychiatrist who has been in charge of the child's care prior to the
3729 commitment proceeding, shall provide the neutral and detached fact finder with the following
3730 information, as it relates to the period of current admission:
3731 (i) the petition for commitment;
3732 (ii) the admission notes;
3733 (iii) the child's diagnosis;
3734 (iv) physicians' orders;
3735 (v) progress notes;
3736 (vi) nursing notes; and
3737 (vii) medication records.
3738 (f) The information described in Subsection (5)(e) shall also be provided to the child's
3739 parent or legal guardian upon written request.
3740 (g) (i) The neutral and detached fact finder's decision of commitment shall state the
3741 duration of the commitment. Any commitment to the physical custody of a local mental health
3742 authority may not exceed 180 days. Prior to expiration of the commitment, and if further
3743 commitment is sought, a hearing shall be conducted in the same manner as the initial
3744 commitment proceeding, in accordance with the requirements of this section.
3745 (ii) At the conclusion of the hearing and subsequently in writing, when a decision for
3746 commitment is made, the neutral and detached fact finder shall inform the child and the child's
3747 parent or legal guardian of that decision and of the reasons for ordering commitment.
3748 (iii) The neutral and detached fact finder shall state in writing the basis of the decision,
3749 with specific reference to each of the criteria described in Subsection (4), as a matter of record.
3750 (6) A child may be temporarily committed for a maximum of 72 hours, excluding
3751 Saturdays, Sundays, and legal holidays, to the physical custody of a local mental health
3752 authority in accordance with the procedures described in Section [
3753 upon satisfaction of the risk factors described in Subsection (4). A child who is temporarily
3754 committed shall be released at the expiration of the 72 hours unless the procedures and findings
3755 required by this section for the commitment of a child are satisfied.
3756 (7) A local mental health authority shall have physical custody of each child committed
3757 to it under this section. The parent or legal guardian of a child committed to the physical
3758 custody of a local mental health authority under this section, retains legal custody of the child,
3759 unless legal custody has been otherwise modified by a court of competent jurisdiction. In cases
3760 when the Division of Child and Family Services or the Division of Juvenile Justice Services
3761 has legal custody of a child, that division shall retain legal custody for purposes of this part.
3762 (8) The cost of caring for and maintaining a child in the physical custody of a local
3763 mental health authority shall be assessed to and paid by the child's parents, according to their
3764 ability to pay. For purposes of this section, the Division of Child and Family Services or the
3765 Division of Juvenile Justice Services shall be financially responsible, in addition to the child's
3766 parents, if the child is in the legal custody of either of those divisions at the time the child is
3767 committed to the physical custody of a local mental health authority under this section, unless
3768 Medicaid regulation or contract provisions specify otherwise. The Office of Recovery Services
3769 shall assist those divisions in collecting the costs assessed pursuant to this section.
3770 (9) Whenever application is made for commitment of a minor to a local mental health
3771 authority under any provision of this section by a person other than the child's parent or
3772 guardian, the local mental health authority or its designee shall notify the child's parent or
3773 guardian. The parents shall be provided sufficient time to prepare and appear at any scheduled
3774 proceeding.
3775 (10) (a) Each child committed pursuant to this section is entitled to an appeal within 30
3776 days after any order for commitment. The appeal may be brought on the child's own petition or
3777 on petition of the child's parent or legal guardian, to the juvenile court in the district where the
3778 child resides or is currently physically located. With regard to a child in the custody of the
3779 Division of Child and Family Services or the Division of Juvenile Justice Services, the attorney
3780 general's office shall handle the appeal, otherwise the appropriate county attorney's office is
3781 responsible for appeals brought pursuant to this Subsection (10)(a).
3782 (b) Upon receipt of the petition for appeal, the court shall appoint a designated
3783 examiner previously unrelated to the case, to conduct an examination of the child in accordance
3784 with the criteria described in Subsection (4), and file a written report with the court. The court
3785 shall then conduct an appeal hearing to determine whether the findings described in Subsection
3786 (4) exist by clear and convincing evidence.
3787 (c) Prior to the time of the appeal hearing, the appropriate local mental health authority,
3788 its designee, or the mental health professional who has been in charge of the child's care prior
3789 to commitment, shall provide the court and the designated examiner for the appeal hearing with
3790 the following information, as it relates to the period of current admission:
3791 (i) the original petition for commitment;
3792 (ii) admission notes;
3793 (iii) diagnosis;
3794 (iv) physicians' orders;
3795 (v) progress notes;
3796 (vi) nursing notes; and
3797 (vii) medication records.
3798 (d) Both the neutral and detached fact finder and the designated examiner appointed for
3799 the appeal hearing shall be provided with an opportunity to review the most current
3800 information described in Subsection (10)(c) prior to the appeal hearing.
3801 (e) The child, the child's parent or legal guardian, the person who submitted the
3802 original petition for commitment, and a representative of the appropriate local mental health
3803 authority shall be notified by the court of the date and time of the appeal hearing. Those
3804 persons shall be afforded an opportunity to appear at the hearing. In reaching its decision, the
3805 court shall review the record and findings of the neutral and detached fact finder, the report of
3806 the designated examiner appointed pursuant to Subsection (10)(b), and may, in its discretion,
3807 allow or require the testimony of the neutral and detached fact finder, the designated examiner,
3808 the child, the child's parent or legal guardian, the person who brought the initial petition for
3809 commitment, or any other person whose testimony the court deems relevant. The court may
3810 allow the child to waive the right to appear at the appeal hearing, for good cause shown. If that
3811 waiver is granted, the purpose shall be made a part of the court's record.
3812 (11) Each local mental health authority has an affirmative duty to conduct periodic
3813 evaluations of the mental health and treatment progress of every child committed to its physical
3814 custody under this section, and to release any child who has sufficiently improved so that the
3815 criteria justifying commitment no longer exist.
3816 (12) (a) A local mental health authority or its designee, in conjunction with the child's
3817 current treating mental health professional may release an improved child to a less restrictive
3818 environment, as they determine appropriate. Whenever the local mental health authority or its
3819 designee, and the child's current treating mental health professional, determine that the
3820 conditions justifying commitment no longer exist, the child shall be discharged and released to
3821 the child's parent or legal guardian. With regard to a child who is in the physical custody of the
3822 State Hospital, the treating psychiatrist or clinical director of the State Hospital shall be the
3823 child's current treating mental health professional.
3824 (b) A local mental health authority or its designee, in conjunction with the child's
3825 current treating mental health professional, is authorized to issue a written order for the
3826 immediate placement of a child not previously released from an order of commitment into a
3827 more restrictive environment, if the local authority or its designee and the child's current
3828 treating mental health professional has reason to believe that the less restrictive environment in
3829 which the child has been placed is exacerbating the child's mental illness, or increasing the risk
3830 of harm to self or others.
3831 (c) The written order described in Subsection (12)(b) shall include the reasons for
3832 placement in a more restrictive environment and shall authorize any peace officer to take the
3833 child into physical custody and transport the child to a facility designated by the appropriate
3834 local mental health authority in conjunction with the child's current treating mental health
3835 professional. Prior to admission to the more restrictive environment, copies of the order shall
3836 be personally delivered to the child, the child's parent or legal guardian, the administrator of the
3837 more restrictive environment, or the administrator's designee, and the child's former treatment
3838 provider or facility.
3839 (d) If the child has been in a less restrictive environment for more than 30 days and is
3840 aggrieved by the change to a more restrictive environment, the child or the child's
3841 representative may request a review within 30 days of the change, by a neutral and detached
3842 fact finder as described in Subsection (3). The fact finder shall determine whether:
3843 (i) the less restrictive environment in which the child has been placed is exacerbating
3844 the child's mental illness or increasing the risk of harm to self or others; or
3845 (ii) the less restrictive environment in which the child has been placed is not
3846 exacerbating the child's mental illness or increasing the risk of harm to self or others, in which
3847 case the fact finder shall designate that the child remain in the less restrictive environment.
3848 (e) Nothing in this section prevents a local mental health authority or its designee, in
3849 conjunction with the child's current mental health professional, from discharging a child from
3850 commitment or from placing a child in an environment that is less restrictive than that
3851 designated by the neutral and detached fact finder.
3852 (13) Each local mental health authority or its designee, in conjunction with the child's
3853 current treating mental health professional shall discharge any child who, in the opinion of that
3854 local authority, or its designee, and the child's current treating mental health professional, no
3855 longer meets the criteria specified in Subsection (4), except as provided by Section
3856 [
3857 that any further supportive services required to meet the child's needs upon release will be
3858 provided.
3859 (14) Even though a child has been committed to the physical custody of a local mental
3860 health authority under this section, the child is still entitled to additional due process
3861 proceedings, in accordance with Section [
3862 may affect a constitutionally protected liberty or privacy interest is administered. Those
3863 treatments include, but are not limited to, antipsychotic medication, electroshock therapy, and
3864 psychosurgery.
3865 Section 87. Section 26B-5-404, which is renumbered from Section 62A-15-704 is
3866 renumbered and amended to read:
3867 [
3868 (1) For purposes of this section, "invasive treatment" means treatment in which a
3869 constitutionally protected liberty or privacy interest may be affected, including antipsychotic
3870 medication, electroshock therapy, and psychosurgery.
3871 (2) The requirements of this section apply to all children receiving services or
3872 treatment from a local mental health authority, its designee, or its provider regardless of
3873 whether a local mental health authority has physical custody of the child or the child is
3874 receiving outpatient treatment from the local authority, its designee, or provider.
3875 (3) (a) The division shall promulgate rules, in accordance with Title 63G, Chapter 3,
3876 Utah Administrative Rulemaking Act, establishing due process procedures for children prior to
3877 any invasive treatment as follows:
3878 (i) with regard to antipsychotic medications, if either the parent or child disagrees with
3879 that treatment, a due process proceeding shall be held in compliance with the procedures
3880 established under this Subsection (3);
3881 (ii) with regard to psychosurgery and electroshock therapy, a due process proceeding
3882 shall be conducted pursuant to the procedures established under this Subsection (3), regardless
3883 of whether the parent or child agree or disagree with the treatment; and
3884 (iii) other possible invasive treatments may be conducted unless either the parent or
3885 child disagrees with the treatment, in which case a due process proceeding shall be conducted
3886 pursuant to the procedures established under this Subsection (3).
3887 (b) In promulgating the rules required by Subsection (3)(a), the division shall consider
3888 the advisability of utilizing an administrative law judge, court proceedings, a neutral and
3889 detached fact finder, and other methods of providing due process for the purposes of this
3890 section. The division shall also establish the criteria and basis for determining when invasive
3891 treatment should be administered.
3892 Section 88. Section 26B-5-405, which is renumbered from Section 62A-15-705 is
3893 renumbered and amended to read:
3894 [
3895 Criteria -- Custody.
3896 (1) (a) Subject to Subsection (1)(b), a commitment proceeding for a child may be
3897 commenced by filing a written application with the juvenile court of the county in which the
3898 child resides or is found, in accordance with the procedures described in Section [
3899 26B-15-631.
3900 (b) A commitment proceeding under this section may be commenced only after a
3901 commitment proceeding under Section [
3902 child being committed.
3903 (2) The juvenile court shall order commitment to the physical custody of a local mental
3904 health authority if, upon completion of the hearing and consideration of the record, the juvenile
3905 court finds by clear and convincing evidence that:
3906 (a) the child has a mental illness[
3907 (b) the child demonstrates a risk of harm to the child or others;
3908 (c) the child is experiencing significant impairment in the child's ability to perform
3909 socially;
3910 (d) the child will benefit from the proposed care and treatment; and
3911 (e) there is no appropriate less restrictive alternative.
3912 (3) The juvenile court may not commit a child under Subsection (1) directly to the
3913 Utah State Hospital.
3914 (4) The local mental health authority has an affirmative duty to:
3915 (a) conduct periodic reviews of children committed to the local mental health
3916 authority's custody in accordance with this section; and
3917 (b) release any child who has sufficiently improved so that the local mental health
3918 authority, or the local mental authority's designee, determines that commitment is no longer
3919 appropriate.
3920 (5) If a child is committed to the custody of a local mental health authority, or the local
3921 mental health authority's designee, by the juvenile court, the local mental health authority, or
3922 the local mental health authority's designee, shall give the juvenile court written notice of the
3923 intention to release the child not fewer than five days before the day on which the child is
3924 released.
3925 Section 89. Section 26B-5-406, which is renumbered from Section 62A-15-706 is
3926 renumbered and amended to read:
3927 [
3928 The division shall establish the position of a parent advocate to assist parents of
3929 children with a mental illness who are subject to the procedures required by this part.
3930 Section 90. Section 26B-5-407, which is renumbered from Section 62A-15-707 is
3931 renumbered and amended to read:
3932 [
3933 Exceptions -- Penalty.
3934 (1) Notwithstanding the provisions of Title 63G, Chapter 2, Government Records
3935 Access and Management Act, all certificates, applications, records, and reports made for the
3936 purpose of this part that directly or indirectly identify a patient or former patient or an
3937 individual whose commitment has been sought under this part, shall be kept confidential and
3938 may not be disclosed by any person except as follows:
3939 (a) the individual identified consents after reaching 18 years of age;
3940 (b) the child's parent or legal guardian consents;
3941 (c) disclosure is necessary to carry out any of the provisions of this part; or
3942 (d) a court may direct, upon its determination that disclosure is necessary for the
3943 conduct of proceedings before it, and that failure to make the disclosure would be contrary to
3944 the public interest.
3945 (2) A person who violates any provision of this section is guilty of a class B
3946 misdemeanor.
3947 Section 91. Section 26B-5-408, which is renumbered from Section 62A-15-708 is
3948 renumbered and amended to read:
3949 [
3950 Mechanical restraints may not be applied to a child unless it is determined, by the local
3951 mental health authority or its designee in conjunction with the child's current treating mental
3952 health professional, that they are required by the needs of that child. Every use of a mechanical
3953 restraint and the reasons for that use shall be made a part of the child's clinical record, under the
3954 signature of the local mental health authority, its designee, and the child's current treating
3955 mental health professional.
3956 Section 92. Section 26B-5-409, which is renumbered from Section 62A-15-709 is
3957 renumbered and amended to read:
3958 [
3959 Any child committed in accordance with Section [
3960 a writ of habeas corpus upon proper petition by himself or next of friend to the [
3961 in the district in which he is detained.
3962 Section 93. Section 26B-5-410, which is renumbered from Section 62A-15-710 is
3963 renumbered and amended to read:
3964 [
3965 privileges.
3966 (1) Subject to the specific rules of the division, and except to the extent that the local
3967 mental health authority or its designee, in conjunction with the child's current treating mental
3968 health professional, determines that it is necessary for the welfare of the person to impose
3969 restrictions, every child committed to the physical custody of a local mental health authority
3970 under Section [
3971 (a) communicate, by sealed mail or otherwise, with persons, including official
3972 agencies, inside or outside of the facility;
3973 (b) receive visitors; and
3974 (c) exercise his civil rights.
3975 (2) When any right of a child is limited or denied, the nature, extent, and reason for that
3976 limitation or denial shall be entered in the child's treatment record. Any continuing denial or
3977 limitation shall be reviewed every 30 days and shall also be entered in that treatment record.
3978 Notice of that continuing denial in excess of 30 days shall be sent to the division.
3979 (3) Notwithstanding any limitations authorized under this section on the right of
3980 communication, each child committed to the physical custody of a local mental health authority
3981 is entitled to communicate by sealed mail with his attorney, the local mental health authority,
3982 its designee, his current treating mental health professional, and the court, if commitment was
3983 court ordered. In no case may the child be denied a visit with the legal counsel or clergy of his
3984 choice.
3985 (4) Each local mental health authority shall provide appropriate and reasonable means
3986 and arrangements for informing children and their parents or legal guardians of their rights as
3987 provided in this part, and for assisting them in making and presenting requests for release.
3988 (5) All local mental health facilities shall post a statement, promulgated by the
3989 division, describing patient's rights under Utah law.
3990 Section 94. Section 26B-5-411, which is renumbered from Section 62A-15-711 is
3991 renumbered and amended to read:
3992 [
3993 Every child is entitled to humane care and treatment and to medical care and treatment
3994 in accordance with the prevailing standards accepted in medical practice, psychiatric nursing
3995 practice, social work practice, and the practice of clinical psychology.
3996 Section 95. Section 26B-5-412, which is renumbered from Section 62A-15-712 is
3997 renumbered and amended to read:
3998 [
3999 (1) The division shall ensure that the requirements of this part are met and applied
4000 uniformly by local mental health authorities across the state.
4001 (2) Because the division must, under Section [
4002 review, approve, and oversee local mental health authority plans, and withhold funds from
4003 local mental health authorities and public and private providers for contract noncompliance or
4004 misuse of public funds, the division shall:
4005 (a) require each local mental health authority to submit its plan to the division by May
4006 1 of each year; and
4007 (b) conduct an annual program audit and review of each local mental health authority
4008 in the state, and its contract provider.
4009 (3) The annual audit and review described in Subsection (2)(b) shall, in addition to
4010 items determined by the division to be necessary and appropriate, include a review and
4011 determination regarding whether or not:
4012 (a) public funds allocated to local mental health authorities are consistent with services
4013 rendered and outcomes reported by it or its contract provider; and
4014 (b) each local mental health authority is exercising sufficient oversight and control over
4015 public funds allocated for mental health programs and services.
4016 (4) The Legislature may refuse to appropriate funds to the division if the division fails
4017 to comply with the procedures and requirements of this section.
4018 Section 96. Section 26B-5-413, which is renumbered from Section 62A-15-713 is
4019 renumbered and amended to read:
4020 [
4021 Provisions.
4022 When the division contracts with a local mental health authority to provide mental
4023 health programs and services in accordance with the provisions of this chapter and Title 17,
4024 Chapter 43, Part 3, Local Mental Health Authorities, it shall ensure that those contracts include
4025 at least the following provisions:
4026 (1) that an independent auditor shall conduct any audit of the local mental health
4027 authority or its contract provider's programs or services, pursuant to the provisions of Title 51,
4028 Chapter 2a, Accounting Reports from Political Subdivisions, Interlocal Organizations, and
4029 Other Local Entities Act;
4030 (2) in addition to the requirements described in Title 51, Chapter 2a, Accounting
4031 Reports from Political Subdivisions, Interlocal Organizations, and Other Local Entities Act, the
4032 division:
4033 (a) shall prescribe guidelines and procedures, in accordance with those formulated by
4034 the state auditor pursuant to Section 67-3-1, for auditing the compensation and expenses of
4035 officers, directors, and specified employees of the private contract provider, to assure the state
4036 that no personal benefit is gained from travel or other expenses; and
4037 (b) may prescribe specific items to be addressed by that audit, depending upon the
4038 particular needs or concerns relating to the local mental health authority or contract provider at
4039 issue;
4040 (3) the local mental health authority or its contract provider shall invite and include all
4041 funding partners in its auditor's pre- and exit conferences;
4042 (4) each member of the local mental health authority shall annually certify that he has
4043 received and reviewed the independent audit and has participated in a formal interview with the
4044 provider's executive officers;
4045 (5) requested information and outcome data will be provided to the division in the
4046 manner and within the timelines defined by the division;
4047 (6) all audit reports by state or county persons or entities concerning the local mental
4048 health authority or its contract provider shall be provided to the executive director of the
4049 department, the local mental health authority, and members of the contract provider's governing
4050 board; and
4051 (7) the local mental health authority or its contract provider will offer and provide
4052 mental health services to residents who are indigent and who meet state criteria for serious and
4053 persistent mental illness or severe emotional disturbance.
4054 Section 97. Section 26B-5-501, which is renumbered from Section 62A-15-1202 is
4055 renumbered and amended to read:
4056
4057 [
4058 [
4059 (1) "Emergency, life saving treatment" means treatment that is:
4060 (a) provided at a licensed health care facility or licensed human services program;
4061 (b) provided by a licensed health care professional;
4062 (c) necessary to save the life of the patient; and
4063 (d) required due to the patient's:
4064 (i) use of an illegal substance; or
4065 (ii) excessive use or misuse of a prescribed medication.
4066 (2) "Essential treatment examiner" means:
4067 (a) a licensed physician, preferably a psychiatrist, who is designated by the division as
4068 specifically qualified by training or experience in the diagnosis of substance use disorder; or
4069 (b) a licensed mental health professional designated by the division as specially
4070 qualified by training and who has at least five years' continual experience in the treatment of
4071 substance use disorder.
4072 (3) "Relative" means an adult who is a spouse, parent, stepparent, grandparent, child,
4073 or sibling of an individual.
4074 (4) "Serious harm" means the individual, due to substance use disorder, is at serious
4075 risk of:
4076 (a) drug overdose;
4077 (b) suicide;
4078 (c) serious bodily self-injury;
4079 (d) serious bodily injury because the individual is incapable of providing the basic
4080 necessities of life, including food, clothing, or shelter; or
4081 (e) causing or attempting to cause serious bodily injury to another individual.
4082 (5) "Substance use disorder" means the same as that term is defined in the current
4083 edition of the Diagnostic and Statistical Manual of Mental Disorders published by the
4084 American Psychiatric Association.
4085 Section 98. Section 26B-5-502, which is renumbered from Section 62A-15-1201 is
4086 renumbered and amended to read:
4087 [
4088 To address the serious public health crisis of substance use disorder related deaths and
4089 life-threatening opioid addiction, and to allow and enable caring relatives to seek essential
4090 treatment and intervention, as may be necessary, on behalf of a sufferer of a substance use
4091 disorder, the Legislature enacts the Essential Treatment and Intervention Act.
4092 Section 99. Section 26B-5-503, which is renumbered from Section 62A-15-1203 is
4093 renumbered and amended to read:
4094 [
4095 Commitment to pay.
4096 (1) A relative seeking essential treatment and intervention for a sufferer of a substance
4097 use disorder may file a petition with the [
4098 the substance use disorder resides or is found.
4099 (2) The petition shall include:
4100 (a) the respondent's:
4101 (i) legal name;
4102 (ii) date of birth, if known;
4103 (iii) social security number, if known; and
4104 (iv) residence and current location, if known;
4105 (b) the petitioner's relationship to the respondent;
4106 (c) the name and residence of the respondent's legal guardian, if any and if known;
4107 (d) a statement that the respondent:
4108 (i) is suffering from a substance use disorder; and
4109 (ii) if not treated for the substance use disorder presents a serious harm to self or
4110 others;
4111 (e) the factual basis for the statement described in Subsection (2)(d); and
4112 (f) at least one specified local substance abuse authority or approved treatment facility
4113 or program where the respondent may receive essential treatment.
4114 (3) Any petition filed under this section:
4115 (a) may be accompanied by proof of health insurance to provide for the respondent's
4116 essential treatment;
4117 (b) shall be accompanied by a binding commitment to pay, signed by the petitioner or
4118 another individual, obligating the petitioner or other individual to pay all treatment costs
4119 beyond those covered by the respondent's health insurance policy for court-ordered essential
4120 treatment for the respondent; and
4121 (c) may be accompanied by documentation of emergency, life saving treatment
4122 provided to the respondent.
4123 (4) Nothing in this section alters the contractual relationship between a health insurer
4124 and an insured individual.
4125 Section 100. Section 26B-5-504, which is renumbered from Section 62A-15-1204 is
4126 renumbered and amended to read:
4127 [
4128 A [
4129 use disorder when the [
4130 individual:
4131 (1) suffers from a substance use disorder;
4132 (2) can reasonably benefit from the essential treatment;
4133 (3) is unlikely to substantially benefit from a less-restrictive alternative treatment; and
4134 (4) presents a serious harm to self or others.
4135 Section 101. Section 26B-5-505, which is renumbered from Section 62A-15-1205 is
4136 renumbered and amended to read:
4137 [
4138 court -- Disposition.
4139 (1) A [
4140 described in Section [
4141 (2) If the court determines that the assertions, if true, are sufficient to order the
4142 respondent to undergo essential treatment, the court shall:
4143 (a) set an expedited date for a time-sensitive hearing to determine whether the court
4144 should order the respondent to undergo essential treatment for a substance use disorder;
4145 (b) provide notice of:
4146 (i) the contents of the petition, including all assertions made;
4147 (ii) a copy of any order for detention or examination;
4148 (iii) the date of the hearing;
4149 (iv) the purpose of the hearing;
4150 (v) the right of the respondent to be represented by legal counsel; and
4151 (vi) the right of the respondent to request a preliminary hearing before submitting to an
4152 order for examination;
4153 (c) provide notice to:
4154 (i) the respondent;
4155 (ii) the respondent's guardian, if any; and
4156 (iii) the petitioner; and
4157 (d) subject to the right described in Subsection (2)(b)(vi), order the respondent to be
4158 examined before the hearing date:
4159 (i) by two essential treatment examiners; or
4160 (ii) by one essential treatment examiner, if documentation before the court
4161 demonstrates that the respondent received emergency, life saving treatment:
4162 (A) within 30 days before the day on which the petition for essential treatment and
4163 intervention was filed; or
4164 (B) during the pendency of the petition for essential treatment and intervention.
4165 (3) An essential treatment examiner shall examine the respondent to determine:
4166 (a) whether the respondent meets each of the criteria described in Section
4167 [
4168 (b) the severity of the respondent's substance use disorder, if any;
4169 (c) what forms of treatment would substantially benefit the respondent, if the examiner
4170 determines that the respondent has a substance use disorder; and
4171 (d) the appropriate duration for essential treatment, if essential treatment is
4172 recommended.
4173 (4) An essential treatment examiner shall certify the examiner's findings to the court
4174 within 24 hours after completion of the examination.
4175 (5) The court may, based upon the findings of an essential treatment examiner,
4176 terminate the proceedings and dismiss the petition.
4177 (6) The parties may, at any time, make a binding stipulation to an essential treatment
4178 plan and submit that plan to the court for court order.
4179 (7) At the hearing, the petitioner and the respondent may testify and may
4180 cross-examine witnesses.
4181 (8) If, upon completion of the hearing, the court finds that the criteria in Section
4182 [
4183 that:
4184 (a) does not exceed 360 days, subject to periodic review as provided in Section
4185 [
4186 (b) (i) is recommended by an essential treatment examiner; or
4187 (ii) is otherwise agreed to at the hearing.
4188 (9) The court shall designate the facility for the essential treatment, as:
4189 (a) described in the petition;
4190 (b) recommended by an essential treatment examiner; or
4191 (c) agreed to at the hearing.
4192 (10) The court shall issue an order that includes the court's findings and the reasons for
4193 the court's determination.
4194 (11) The court may order the petitioner to be the respondent's personal representative,
4195 as described in 45 C.F.R. Sec. 164.502(g), for purposes of the respondent's essential treatment.
4196 Section 102. Section 26B-5-506, which is renumbered from Section 62A-15-1205.5 is
4197 renumbered and amended to read:
4198 [
4199 (1) The provisions of this section apply after a respondent has been afforded full due
4200 process rights, as provided in this Essential Treatment and Intervention Act, including notice,
4201 an opportunity to respond and appear at a hearing, and, as applicable, the court's finding that
4202 the evidence meets the clear and convincing standard, as described in Section [
4203 26B-5-504, for a court to order essential treatment and intervention.
4204 (2) When a respondent fails to comply with a court order issued under Subsection
4205 [
4206 (a) find the respondent in contempt under Subsection 78B-6-301(5); and
4207 (b) issue a warrant of commitment under Section 78B-6-312.
4208 (3) When a peace officer executes a warrant issued under this section, the officer shall
4209 take the respondent into protective custody and transport the respondent to the location
4210 specified by the court.
4211 (4) Notwithstanding Subsection (3), if a peace officer determines through the peace
4212 officer's experience and training that taking the respondent into protective custody or
4213 transporting the respondent would increase the risk of substantial danger to the respondent or
4214 others, a peace officer may exercise discretion to not take the respondent into custody or
4215 transport the respondent, as permitted by policies and procedures established by the peace
4216 officer's law enforcement agency and any applicable federal or state statute, or case law.
4217 Section 103. Section 26B-5-507, which is renumbered from Section 62A-15-1206 is
4218 renumbered and amended to read:
4219 [
4220 A local substance abuse authority or an approved treatment facility or program that
4221 provides essential treatment shall:
4222 (1) at least every 90 days after the day on which a patient is admitted, unless a court
4223 orders otherwise, examine or cause to be examined a patient who has been ordered to receive
4224 essential treatment;
4225 (2) notify the patient and the patient's personal representative or guardian, if any, of the
4226 substance and results of the examination;
4227 (3) discharge an essential treatment patient if the examination determines that the
4228 conditions justifying essential treatment and intervention no longer exist; and
4229 (4) after discharging an essential treatment patient, send a report describing the reasons
4230 for discharge to the clerk of the court where the proceeding for essential treatment was held and
4231 to the patient's personal representative or guardian, if any.
4232 Section 104. Section 26B-5-508, which is renumbered from Section 62A-15-1207 is
4233 renumbered and amended to read:
4234 [
4235 a final court order.
4236 (1) A court may order a respondent to be hospitalized for up to 72 hours if:
4237 (a) an essential treatment examiner has examined the respondent and certified that the
4238 respondent meets the criteria described in Section [
4239 (b) the court finds by clear and convincing evidence that the respondent presents an
4240 imminent threat of serious harm to self or others as a result of a substance use disorder.
4241 (2) An individual who is admitted to a hospital under this section shall be released
4242 from the hospital within 72 hours after admittance, unless a treating physician or essential
4243 treatment examiner determines that the individual continues to pose an imminent threat of
4244 serious harm to self or others.
4245 (3) If a treating physician or essential treatment examiner makes the determination
4246 described in Subsection (2), the individual may be detained for as long as the threat of serious
4247 harm remains imminent, but not more than 10 days after the day on which the individual was
4248 hospitalized, unless a court orders otherwise.
4249 (4) A treating physician or an essential treatment examiner shall, as frequently as
4250 practicable, examine an individual hospitalized under this section and release the individual if
4251 it is determined that a threat of imminent serious harm no longer exists.
4252 Section 105. Section 26B-5-509, which is renumbered from Section 62A-15-1207.5 is
4253 renumbered and amended to read:
4254 [
4255 personal representative.
4256 (1) When an individual receives emergency, life saving treatment:
4257 (a) a licensed health care professional, at the health care facility where the emergency,
4258 life saving treatment is provided, may ask the individual who, if anyone, may be contacted and
4259 informed regarding the individual's treatment;
4260 (b) a treating physician may hold the individual in the health care facility for up to 48
4261 hours, if the treating physician determines that the individual poses a serious harm to self or
4262 others; and
4263 (c) a relative of the individual may petition a court to be designated as the individual's
4264 personal representative, described in 45 C.F.R. Sec. 164.502(g), for the limited purposes of the
4265 individual's medical and mental health care related to a substance use disorder.
4266 (2) The petition described in Subsection (1)(c) shall include:
4267 (a) the respondent's:
4268 (i) legal name;
4269 (ii) date of birth, if known;
4270 (iii) social security number, if known; and
4271 (iv) residence and current location, if known;
4272 (b) the petitioner's relationship to the respondent;
4273 (c) the name and residence of the respondent's legal guardian, if any and if known;
4274 (d) a statement that the respondent:
4275 (i) is suffering from a substance use disorder; and
4276 (ii) has received, within the last 72 hours, emergency, life saving treatment;
4277 (e) the factual basis for the statement described in Subsection (2)(d); and
4278 (f) the name of any other individual, if any, who may be designated as the respondent's
4279 personal representative.
4280 (3) A court shall grant a petition for designation as a personal representative, ex parte,
4281 if it appears from the petition for designation as a court-designated personal representative that:
4282 (a) the respondent is suffering from a substance use disorder;
4283 (b) the respondent received emergency, life saving treatment within 10 days before the
4284 day on which the petition for designation as a personal representative is filed;
4285 (c) the petitioner is a relative of the respondent; and
4286 (d) no other individual is otherwise designated as the respondent's personal
4287 representative.
4288 (4) When a court grants, ex parte, a petition for designation as a personal
4289 representative, the court:
4290 (a) shall provide notice to the respondent;
4291 (b) shall order the petitioner to be the respondent's personal representative for 10 days
4292 after the day on which the court designates the petitioner as the respondent's personal
4293 representative; and
4294 (c) may extend the duration of the order:
4295 (i) for good cause shown, after the respondent has been notified and given a proper and
4296 sufficient opportunity to respond; or
4297 (ii) if the respondent consents to an extension.
4298 Section 106. Section 26B-5-510, which is renumbered from Section 62A-15-1208 is
4299 renumbered and amended to read:
4300 [
4301 (1) The purpose of [
4302 provide a process for essential treatment and intervention to save lives, preserve families, and
4303 reduce substance use disorder, including opioid addiction.
4304 (2) An essential treatment petition and any other document filed in connection with the
4305 petition for essential treatment is confidential and protected.
4306 (3) A hearing on an essential treatment petition is closed to the public, and only the
4307 following individuals and their legal counsel may be admitted to the hearing:
4308 (a) parties to the petition;
4309 (b) the essential treatment examiners who completed the court-ordered examination
4310 under Subsection [
4311 (c) individuals who have been asked to give testimony; and
4312 (d) individuals to whom notice of the hearing is required to be given under Subsection
4313 [
4314 (4) Testimony, medical evaluations, the petition, and other documents directly related
4315 to the adjudication of the petition and presented to the court in the interest of the respondent
4316 may not be construed or applied as an admission of guilt to a criminal offense.
4317 (5) A court may, if applicable, enforce a previously existing warrant for a respondent or
4318 a warrant for a charge that is unrelated to the essential treatment petition filed under this part.
4319 Section 107. Section 26B-5-511, which is renumbered from Section 62A-15-1209 is
4320 renumbered and amended to read:
4321 [
4322 Rights of patient.
4323 All applicable rights guaranteed to a patient by Sections [
4324 26B-5-310 and 26B-5-311 shall be guaranteed to an individual who is ordered to undergo
4325 essential treatment for a substance use disorder.
4326 Section 108. Section 26B-5-601, which is renumbered from Section 62A-17-102 is
4327 renumbered and amended to read:
4328
4329 [
4330 As used in this [
4331 (1) "211" means the abbreviated dialing code assigned by the Federal Communications
4332 Commission for consumer access to community information and referral services.
4333 (2) "ACT team personnel" means a licensed psychiatrist or mental health therapist, or
4334 another individual, as determined by the division, who is part of an ACT team.
4335 [
4336 organization designated by the department to provide 211 services.
4337 (4) "Assertive community treatment team" or "ACT team" means a mobile team of
4338 medical and mental health professionals that provides assertive community outreach treatment
4339 and, based on the individual circumstances of each case, coordinates with other medical
4340 providers and appropriate community resources.
4341 (5) (a) "Assertive community treatment" means mental health services and on-site
4342 intervention that a person renders to an individual with a mental illness.
4343 (b) "Assertive community treatment" includes the provision of assessment and
4344 treatment plans, rehabilitation, support services, and referrals to other community resources.
4345 (6) "Mental health therapist" means the same as that term is defined in Section
4346 58-60-102.
4347 (7) "Mental illness" means the same as that term is defined in Section 26B-5-301.
4348 (8) "Psychiatrist" means the same as that term is defined in Section 26B-1-328.
4349 [
4350 (i) maintains a database of:
4351 (A) providers of health and human services; and
4352 (B) volunteer opportunities and coordinators throughout the state;
4353 (ii) assists individuals, families, and communities at no cost in identifying,
4354 understanding, and accessing the providers of health and human services; and
4355 (iii) works collaboratively with state agencies, local governments, community-based
4356 organizations, not-for-profit organizations, organizations active in disaster relief, and
4357 faith-based organizations.
4358 (b) "Utah 211" does not mean service provided by 911 and first responders.
4359 Section 109. Section 26B-5-602, which is renumbered from Section 62A-17-103 is
4360 renumbered and amended to read:
4361 [
4362 Department responsibilities.
4363 (1) The department shall designate an approved 211 service provider to provide
4364 information to Utah citizens about health and human services available in the citizen's
4365 community.
4366 (2) Only a service provider approved by the department may provide 211 telephone
4367 services in this state.
4368 (3) The department shall approve a 211 service provider after considering the
4369 following:
4370 (a) the ability of the proposed 211 service provider to meet the national 211 standards
4371 recommended by the Alliance of Information and Referral Systems;
4372 (b) the financial stability of the proposed 211 service provider;
4373 (c) the community support for the proposed 211 service provider;
4374 (d) the relationship between the proposed 211 service provider and other information
4375 and referral services; and
4376 (e) other criteria as the department considers appropriate.
4377 (4) The department shall coordinate with the approved 211 service provider and other
4378 state and local agencies to ensure the joint development and maintenance of a statewide
4379 information database for use by the approved 211 service provider.
4380 Section 110. Section 26B-5-603, which is renumbered from Section 62A-17-104 is
4381 renumbered and amended to read:
4382 [
4383 (1) The designated 211 service provider described in Section [
4384 shall be known as Utah 211.
4385 (2) Utah 211 shall, as appropriations allow:
4386 (a) by 2014:
4387 (i) provide the services described in this Subsection (2) 24 hours a day, seven days a
4388 week;
4389 (ii) abide by the key standards for 211 programs, as specified in the Standards for
4390 Professional Information and Referral Requirements for Alliance of Information Systems
4391 Accreditation and Operating 211 systems; and
4392 (iii) be a point of entry for disaster-related information and referral;
4393 (b) track types of calls received and referrals made;
4394 (c) develop, coordinate, and implement a statewide information and referral system
4395 that integrates existing community-based structures with state and local agencies;
4396 (d) provide information relating to:
4397 (i) health and human services; and
4398 (ii) volunteer opportunities;
4399 (e) create an online, searchable database to provide information to the public about the
4400 health and human services provided by public or private entities throughout the state, and
4401 ensure that:
4402 (i) the material on the searchable database is indexed:
4403 (A) geographically to inform an individual about the health and human services
4404 provided in the area where the individual lives; and
4405 (B) by type of service provided; and
4406 (ii) the searchable database contains links to the Internet sites of any local provider of
4407 health and human services, if possible, and include:
4408 (A) the name, address, and phone number of organizations providing health and human
4409 services in a county; and
4410 (B) a description of the type of services provided;
4411 (f) be responsible, in collaboration with state agencies, for raising community
4412 awareness about available health and human services; and
4413 (g) host meetings on a quarterly basis until calendar year 2014, and on a biannual basis
4414 beginning in 2014, to seek input and guidance from state agencies, local governments,
4415 community-based organizations, not-for-profit organizations, and faith-based organizations.
4416 Section 111. Section 26B-5-604, which is renumbered from Section 62A-17-105 is
4417 renumbered and amended to read:
4418 [
4419 (1) A state agency or local government institution that provides health and human
4420 services, or a public or private entity receiving state-appropriated funds to provide health and
4421 human services, shall provide Utah 211 with information, in a form determined by Utah 211,
4422 about the services the agency or entity provides for inclusion in the statewide information and
4423 referral system.
4424 (2) A state agency or local government institution that provides health and human
4425 services may not establish a new public telephone line or hotline, other than an emergency first
4426 responder hotline, to provide information or referrals unless the agency or institution first:
4427 (a) consults with Utah 211 about using the existing 211 to provide access to the
4428 information or referrals; and
4429 (b) assesses whether a new line or the existing 211 program would be more cost
4430 effective.
4431 (3) Nothing in this section prohibits a state agency or local government institution from
4432 starting a public telephone line or hotline in an emergency situation.
4433 (4) State agencies, local governments, community-based organizations, not-for-profit
4434 organizations, faith-based organizations, and businesses that engage in providing human
4435 services may contract with Utah 211 to provide specialized projects, including:
4436 (a) public health campaigns;
4437 (b) seasonal community services; and
4438 (c) expanded point of entry services.
4439 Section 112. Section 26B-5-605, which is renumbered from Section 62A-17-106 is
4440 renumbered and amended to read:
4441 [
4442 (1) Except as provided in Subsection (2), Utah 211, its employees, directors, officers,
4443 and information specialists are not liable to any person in a civil action for injury or loss as a
4444 result of an act or omission of Utah 211, its employees, directors, officers, or information
4445 specialists, in connection with:
4446 (a) developing, adopting, implementing, maintaining, or operating the Utah 211
4447 system;
4448 (b) making Utah 211 available for use by the public; or
4449 (c) providing 211 services.
4450 (2) Utah 211, its employees, directors, officers, and information specialists shall be
4451 liable to any person in a civil action for an injury or loss resulting from willful or wanton
4452 misconduct.
4453 Section 113. Section 26B-5-606, which is renumbered from Section 62A-15-1802 is
4454 renumbered and amended to read:
4455 [
4456 (1) To promote the availability of assertive community treatment, the division shall
4457 make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
4458 that create a certificate for ACT team personnel and ACT teams, that includes:
4459 (a) the standards the division establishes under Subsection (2); and
4460 (b) guidelines for:
4461 (i) required training and experience of ACT team personnel; and
4462 (ii) the coordination of assertive community treatment and other community resources.
4463 (2) (a) The division shall:
4464 (i) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
4465 make rules that establish standards that an applicant is required to meet to qualify for the
4466 certifications described in Subsection (1); and
4467 (ii) create a statewide ACT team plan that:
4468 (A) identifies statewide assertive community treatment needs, objectives, and
4469 priorities; and
4470 (B) identifies the equipment, facilities, personnel training, and other resources
4471 necessary to provide assertive community treatment.
4472 (b) The division may delegate the ACT team plan requirement described in Subsection
4473 (2)(a)(ii) to a contractor with whom the division contracts to provide assertive community
4474 outreach treatment.
4475 Section 114. Section 26B-5-607, which is renumbered from Section 62A-15-1803 is
4476 renumbered and amended to read:
4477 [
4478 (1) The division shall award grants for the development of one ACT team to provide
4479 assertive community treatment to individuals in the state.
4480 (2) The division shall prioritize the award of a grant described in Subsection (1) to
4481 entities, based on:
4482 (a) the number of individuals the proposed ACT team will serve; and
4483 (b) the percentage of matching funds the entity will provide to develop the proposed
4484 ACT team.
4485 (3) An entity does not need to have resources already in place to be awarded a grant
4486 described in Subsection (1).
4487 (4) The division shall make rules, in accordance with Title 63G, Chapter 3, Utah
4488 Administrative Rulemaking Act, for the application and award of the grants described in
4489 Subsection (1).
4490 Section 115. Section 26B-5-608, which is renumbered from Section 62A-15-1804 is
4491 renumbered and amended to read:
4492 [
4493 discharged from the Utah State Hospital and receiving assertive community treatment.
4494 (1) (a) The division shall, within funds appropriated by the Legislature for this purpose,
4495 implement and manage the operation of a housing assistance program in consultation with the
4496 Utah State Hospital, established in Section [
4497 authorities, associations of governments, or nonprofit entities.
4498 (b) The housing assistance program shall provide the housing assistance described in
4499 Subsection (1)(c) to individuals:
4500 (i) who are discharged from the Utah State Hospital; and
4501 (ii) who the division determines would benefit from assertive community treatment.
4502 (c) The housing assistance provided under the housing assistance program may
4503 include:
4504 (i) subsidizing rent payments for housing;
4505 (ii) subsidizing the provision of temporary or transitional housing; or
4506 (iii) providing money for one-time housing barrier assistance, including rental housing
4507 application fees, utility hookup fees, or rental housing security deposits.
4508 (2) The division shall make rules, in accordance with Title 63G, Chapter 3, Utah
4509 Administrative Rulemaking Act, to establish procedures for the operation of the housing
4510 assistance program described in Subsection (1).
4511 (3) The division shall report to the Health and Human Services Interim Committee
4512 each year before November 30 regarding:
4513 (a) the entities the division consulted with under Subsection (1)(a);
4514 (b) the number of individuals who are benefitting from the housing assistance program
4515 described in Subsection (1);
4516 (c) the type of housing assistance provided under the housing assistance program
4517 described in Subsection (1);
4518 (d) the average monthly dollar amount provided to individuals under the housing
4519 assistance program described in Subsection (1); and
4520 (e) recommendations regarding improvements or changes to the housing assistance
4521 program described in Subsection (1).
4522 Section 116. Section 26B-5-609, which is renumbered from Section 62A-15-1402 is
4523 renumbered and amended to read:
4524 [
4525 creation.
4526 (1) As used in this section:
4527 (a) "Commission" means the Behavioral Health Crisis Response Commission created
4528 in Section 63C-18-202.
4529 (b) "Emergency medical service personnel" means the same as that term is defined in
4530 Section 26B-4-101.
4531 (c) "Emergency medical services" means the same as that term is defined in Section
4532 26B-4-101.
4533 (d) "MCOT certification" means the certification created in this part for MCOT
4534 personnel and mental health crisis outreach services.
4535 (e) "MCOT personnel" means a licensed mental health therapist or other mental health
4536 professional, as determined by the division, who is a part of a mobile crisis outreach team.
4537 (f) "Mental health crisis" means a mental health condition that manifests itself by
4538 symptoms of sufficient severity that a prudent layperson who possesses an average knowledge
4539 of mental health issues could reasonably expect the absence of immediate attention or
4540 intervention to result in:
4541 (i) serious jeopardy to the individual's health or well-being; or
4542 (ii) a danger to others.
4543 (g) (i) "Mental health crisis services" means mental health services and on-site
4544 intervention that a person renders to an individual suffering from a mental health crisis.
4545 (ii) "Mental health crisis services" includes the provision of safety and care plans,
4546 stabilization services offered for a minimum of 60 days, and referrals to other community
4547 resources.
4548 (h) "Mental health therapist" means the same as that term is defined in Section
4549 58-60-102.
4550 (i) "Mobile crisis outreach team" or "MCOT" means a mobile team of medical and
4551 mental health professionals that provides mental health crisis services and, based on the
4552 individual circumstances of each case, coordinates with local law enforcement, emergency
4553 medical service personnel, and other appropriate state or local resources.
4554 [
4555 throughout the state, the division shall make rules, in accordance with Title 63G, Chapter 3,
4556 Utah Administrative Rulemaking Act, that create a certificate for MCOT personnel and
4557 MCOTs, including:
4558 (a) the standards the division establishes under Subsection [
4559 (b) guidelines for:
4560 (i) credit for training and experience; and
4561 (ii) the coordination of:
4562 (A) emergency medical services and mental health crisis services;
4563 (B) law enforcement, emergency medical service personnel, and mobile crisis outreach
4564 teams; and
4565 (C) temporary commitment in accordance with Section [
4566 [
4567 (i) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
4568 make rules that establish standards that an applicant is required to meet to qualify for the
4569 MCOT certification described in Subsection (1); and
4570 (ii) create a statewide MCOT plan that:
4571 (A) identifies statewide mental health crisis services needs, objectives, and priorities;
4572 and
4573 (B) identifies the equipment, facilities, personnel training, and other resources
4574 necessary to provide mental health crisis services.
4575 (b) The division may delegate the MCOT plan requirement described in Subsection
4576 (2)(a)(ii) to a contractor with which the division contracts to provide mental health crisis
4577 services.
4578 Section 117. Section 26B-5-610, which is renumbered from Section 62A-15-1302 is
4579 renumbered and amended to read:
4580 [
4581 and statewide warm line -- Crisis worker and certified peer support specialist
4582 qualification or certification -- Operational standards.
4583 (1) As used in this section:
4584 (a) "Certified peer support specialist" means an individual who:
4585 (i) meets the standards of qualification or certification that the division sets, in
4586 accordance with Subsection (3); and
4587 (ii) staffs the statewide warm line under the supervision of at least one mental health
4588 therapist.
4589 (b) "Commission" means the Behavioral Health Crisis Response Commission created
4590 in Section 63C-18-202.
4591 (c) "Crisis worker" means an individual who:
4592 (i) meets the standards of qualification or certification that the division sets, in
4593 accordance with Subsection (3); and
4594 (ii) staffs the statewide mental health crisis line, the statewide warm line, or a local
4595 mental health crisis line under the supervision of at least one mental health therapist.
4596 (d) "Local mental health crisis line" means a phone number or other response system
4597 that is:
4598 (i) accessible within a particular geographic area of the state; and
4599 (ii) intended to allow an individual to contact and interact with a qualified mental or
4600 behavioral health professional.
4601 (e) "Mental health crisis" means the same as that term is defined in Section
4602 62A-15-1401.
4603 (f) "Mental health therapist" means the same as that term is defined in Section
4604 58-60-102.
4605 (g) "Statewide mental health crisis line" means a statewide phone number or other
4606 response system that allows an individual to contact and interact with a qualified mental or
4607 behavioral health professional 24 hours per day, 365 days per year.
4608 (h) "Statewide warm line" means a statewide phone number or other response system
4609 that allows an individual to contact and interact with a qualified mental or behavioral health
4610 professional or a certified peer support specialist.
4611 [
4612 to manage and operate, in accordance with this part, the statewide mental health crisis line and
4613 the statewide warm line.
4614 (b) Through the contracts described in Subsection [
4615 with the commission, the division shall set standards of care and practice for:
4616 (i) the mental health therapists and crisis workers who staff the statewide mental health
4617 crisis line; and
4618 (ii) the mental health therapists, crisis workers, and certified peer support specialists
4619 who staff the statewide warm line.
4620 [
4621 qualification or certification of:
4622 (i) crisis workers who staff the statewide mental health crisis line, the statewide warm
4623 line, and local mental health crisis lines; and
4624 (ii) certified peer support specialists who staff the statewide warm line.
4625 (b) The division may make rules, in accordance with Title 63G, Chapter 3, Utah
4626 Administrative Rulemaking Act, necessary to establish the training and minimum standards
4627 described in Subsection (2)(a).
4628 (4) In consultation with the commission, the division shall ensure that:
4629 (a) the following individuals are available to staff and answer calls to the statewide
4630 mental health crisis line 24 hours per day, 365 days per calendar year:
4631 (i) mental health therapists; or
4632 (ii) crisis workers;
4633 (b) a sufficient amount of staff is available to ensure that when an individual calls the
4634 statewide mental health crisis line, regardless of the time, date, or number of individuals trying
4635 to simultaneously access the statewide mental health crisis line, an individual described in
4636 Subsection (4)(a) answers the call without the caller first:
4637 (i) waiting on hold; or
4638 (ii) being screened by an individual other than a mental health therapist or crisis
4639 worker;
4640 (c) the statewide mental health crisis line has capacity to accept all calls that local
4641 mental health crisis lines route to the statewide mental health crisis line;
4642 (d) the following individuals are available to staff and answer calls to the statewide
4643 warm line during the hours and days of operation set by the division under Subsection (5):
4644 (i) mental health therapists;
4645 (ii) crisis workers; or
4646 (iii) certified peer support specialists;
4647 (e) when an individual calls the statewide mental health crisis line, the individual's call
4648 may be transferred to the statewide warm line if the individual is not experiencing a mental
4649 health crisis; and
4650 (f) when an individual calls the statewide warm line, the individual's call may be
4651 transferred to the statewide mental health crisis line if the individual is experiencing a mental
4652 health crisis.
4653 (5) The division shall make rules, in accordance with Title 63G, Chapter 3, Utah
4654 Administrative Rulemaking Act, to establish the hours and days of operation for the statewide
4655 warm line.
4656 Section 118. Section 26B-5-611, which is renumbered from Section 62A-15-1101 is
4657 renumbered and amended to read:
4658 [
4659 (1) As used in this section:
4660 (a) "Advisory Council" means the Utah Substance Use and Mental Health Advisory
4661 Council created in Section 63M-7-301.
4662 (b) "Bureau" means the Bureau of Criminal Identification created in Section 53-10-201
4663 within the Department of Public Safety.
4664 (c) "Coalition" means the Statewide Suicide Prevention Coalition created under
4665 Subsection (3).
4666 (d) "Coordinator" means the state suicide prevention coordinator appointed under
4667 Subsection (2).
4668 (e) "Fund" means the Governor's Suicide Prevention Fund created in Section
4669 26B-1-325.
4670 (f) "Intervention" means an effort to prevent a person from attempting suicide.
4671 (g) "Legal intervention" means an incident in which an individual is shot by another
4672 individual who has legal authority to use deadly force.
4673 (h) "Postvention" means intervention after a suicide attempt or a suicide death to
4674 reduce risk and promote healing.
4675 (i) "Shooter" means an individual who uses a gun in an act that results in the death of
4676 the actor or another individual, whether the act was a suicide, homicide, legal intervention, act
4677 of self-defense, or accident.
4678 [
4679 a state suicide prevention program composed of suicide prevention, intervention, and
4680 postvention programs, services, and efforts.
4681 [
4682 (a) establish a Statewide Suicide Prevention Coalition with membership from public
4683 and private organizations and Utah citizens; and
4684 (b) appoint a chair and co-chair from among the membership of the coalition to lead
4685 the coalition.
4686 [
4687 (a) delivery of resources, tools, and training to community-based coalitions;
4688 (b) evidence-based suicide risk assessment tools and training;
4689 (c) town hall meetings for building community-based suicide prevention strategies;
4690 (d) suicide prevention gatekeeper training;
4691 (e) training to identify warning signs and to manage an at-risk individual's crisis;
4692 (f) evidence-based intervention training;
4693 (g) intervention skills training;
4694 (h) postvention training; or
4695 (i) a public education campaign to improve public awareness about warning signs of
4696 suicide and suicide prevention resources.
4697 [
4698 other duties:
4699 (a) local mental health and substance abuse authorities;
4700 (b) the State Board of Education, including the public education suicide prevention
4701 coordinator described in Section 53G-9-702;
4702 [
4703 (c) applicable divisions and offices within the department;
4704 (d) health care providers, including emergency rooms;
4705 (e) federal agencies, including the Federal Bureau of Investigation;
4706 (f) other unbiased sources; and
4707 (g) other public health suicide prevention efforts.
4708 [
4709 Services Interim Committee, at or before the October meeting every year, on:
4710 (a) implementation of the state suicide prevention program, as described in Subsections
4711 [
4712 (b) data measuring the effectiveness of each component of the state suicide prevention
4713 program;
4714 (c) funds appropriated for each component of the state suicide prevention program; and
4715 (d) five-year trends of suicides in Utah, including subgroups of youths and adults and
4716 other subgroups identified by the state suicide prevention coordinator.
4717 [
4718 the operation of the firearm safety program described in Subsection [
4719 26B-5-102(3).
4720 [
4721 Act, the division shall make rules:
4722 (a) governing the implementation of the state suicide prevention program, consistent
4723 with this section; and
4724 (b) in conjunction with the bureau, defining the criteria for employers to apply for
4725 grants under the Suicide Prevention Education Program described in Section [
4726 26B-5-110, which shall include:
4727 (i) attendance at the suicide prevention education course described in Subsection
4728 [
4729 (ii) distribution of the firearm safety brochures or packets created in Subsection
4730 [
4731 a firearm if the firearm already has a trigger lock or comparable safety mechanism.
4732 [
4733 to exceed a total of $100,000 per fiscal year, to suicide prevention programs that focus on the
4734 needs of children who have been served by the Division of Juvenile Justice Services.
4735 [
4736 later than October 1 each year, a written report detailing the previous fiscal year's activities to
4737 fund, implement, and evaluate suicide prevention activities described in this section.
4738 Section 119. Section 26B-5-612, which is renumbered from Section 26-1-43 is
4739 renumbered and amended to read:
4740 [
4741 (1) As used in this section:
4742 (a) "Integrated behavioral health care services" means coordinated physical and
4743 behavioral health care services for one patient.
4744 (b) "Local mental health authority" means a local mental health authority described in
4745 Section 17-43-301.
4746 (c) "Project" means a project described in Subsection (2).
4747 (2) Before July 1 of each year, the department shall issue a request for proposals in
4748 accordance with this section to award a grant to a local mental health authority for development
4749 or expansion of a project to provide effective delivery of integrated behavioral health care
4750 services.
4751 (3) To be considered for a grant award under Subsection (2), a local mental health
4752 authority shall submit an application to the department that:
4753 (a) explains the benefits of integrated behavioral health care services to a patient who is
4754 receiving mental health or substance use disorder treatment;
4755 (b) describes the local mental health authority's operational plan for delivery of
4756 integrated behavioral health care services under the proposed project and any data or
4757 evidence-based practices supporting the likely success of the operational plan;
4758 (c) includes:
4759 (i) the number of patients to be served by the local mental health authority's proposed
4760 project; and
4761 (ii) the cost of the local mental health authority's proposed project; and
4762 (d) provides details regarding:
4763 (i) any plan to use funding sources in addition to the grant award under this section for
4764 the local mental health authority's proposed project;
4765 (ii) any existing or planned contracts or partnerships between the local mental health
4766 authority and other individuals or entities to develop or implement the local mental health
4767 authority's proposed project; and
4768 (iii) the sustainability and reliability of the local mental health authority's proposed
4769 project.
4770 (4) In evaluating a local mental health authority's application under Subsection (3) to
4771 determine the grant award under Subsection (2), the department shall consider:
4772 (a) how the local mental health authority's proposed project will ensure effective
4773 provision of integrated behavioral health care services;
4774 (b) the cost of the local mental health authority's proposed project;
4775 (c) the extent to which any existing or planned contracts or partnerships or additional
4776 funding sources described in the local mental health authority's application are likely to benefit
4777 the proposed project; and
4778 (d) the sustainability and reliability of the local mental health authority's proposed
4779 project.
4780 (5) Before July 1, 2025, the department shall report to the Health and Human Services
4781 Interim Committee regarding:
4782 (a) any knowledge gained or obstacles encountered in providing integrated behavioral
4783 health care services under each project;
4784 (b) data gathered in relation to each project; and
4785 (c) recommendations for expanding a project statewide.
4786 Section 120. Section 26B-6-101 is amended to read:
4787
4788
4789
4790 26B-6-101. Chapter definitions.
4791 As used in this chapter:
4792 (1) "Adult" or "high risk adult" means a person 18 years of age or older who
4793 experiences a condition:
4794 (a) that places the person at a high risk of being unable to care for himself:
4795 (i) as determined by assessment; and
4796 (ii) due to the onset of a physical or cognitive impairment or frailty; and
4797 (b) for which the person is not eligible to receive services under:
4798 (i) Part 4, Division of Services for People with Disabilities; or
4799 (ii) Chapter 5, Health Care -- Substance Use and Mental Health.
4800 (2) "Aging" and "aged" means a person 60 years of age or older.
4801 (3) "Area agency" means an area agency that provides services to the aged, high risk
4802 adults, or both within a planning and service area.
4803 (4) "Area agency on aging" means a public or private nonprofit agency or office
4804 designated by the division to:
4805 (a) operate within a planning and service area of the state; and
4806 (b) develop and implement a broad range of services for the aged in the area described
4807 in Subsection (4)(a).
4808 (5) "Area agency on high risk adults" means a public or private nonprofit agency or
4809 office designated by the division to:
4810 (a) operate within a planning and service area of the state; and
4811 (b) develop and implement services for high risk adults in the area described in
4812 Subsection (5)(a).
4813 (6) "Board" means the Board of Aging and Adult Services created in 26B-1-426.
4814 (7) "Director" means the director of the division.
4815 (8) "Division" means the Division of Aging and Adult Services within the department.
4816 (9) "Personal care attendant" means a person who:
4817 (a) is selected by:
4818 (i) an aged person;
4819 (ii) an agent of an aged person;
4820 (iii) a high risk adult; or
4821 (iv) an agent of a high risk adult; and
4822 (b) provides personal services to the:
4823 (i) aged person described in Subsection (9)(a)(i); or
4824 (ii) high risk adult described in Subsection (9)(a)(iii).
4825 (10) "Personal services" means nonmedical care and support, including assisting a
4826 person with:
4827 (a) meal preparation;
4828 (b) eating;
4829 (c) bathing;
4830 (d) dressing;
4831 (e) personal hygiene; or
4832 (f) daily living activities.
4833 (11) "Planning and service area" means a geographical area of the state designated by
4834 the division for purposes of planning, development, delivery, and overall administration of
4835 services for the aged or high risk adults.
4836 (12) (a) "Public funds" means state or federal funds that are disbursed by:
4837 (i) the department;
4838 (ii) the division;
4839 (iii) an area agency; or
4840 (iv) an area agency on aging.
4841 (b) "Public funds" includes:
4842 (i) Medicaid funds; and
4843 (ii) Medicaid waiver funds.
4844 Section 121. Section 26B-6-102, which is renumbered from Section 62A-3-102 is
4845 renumbered and amended to read:
4846 [
4847 There is created a Division of Aging and Adult Services within the department, under
4848 the administration and general supervision of the executive director.
4849 Section 122. Section 26B-6-103, which is renumbered from Section 62A-3-103 is
4850 renumbered and amended to read:
4851 [
4852 Qualifications.
4853 (1) The director of the division shall be appointed by the executive director with the
4854 concurrence of the board.
4855 (2) The director shall have a bachelor's degree from an accredited university or college,
4856 be experienced in administration, and be knowledgeable in matters concerning the aging and
4857 adult populations.
4858 (3) The director is the administrative head of the division.
4859 Section 123. Section 26B-6-104, which is renumbered from Section 62A-3-104 is
4860 renumbered and amended to read:
4861 [
4862 (1) The division is the sole state agency, as defined by the Older Americans Act of
4863 1965, 42 U.S.C. 3001 et seq., to:
4864 (a) serve as an effective and visible advocate for the aging and adult population of this
4865 state;
4866 (b) develop and administer a state plan under the policy direction of the board; and
4867 (c) take primary responsibility for state activities relating to provisions of the Older
4868 Americans Act of 1965, as amended.
4869 (2) (a) The division has authority to designate:
4870 (i) planning and service areas for the state; and
4871 (ii) an area agency on aging within each planning and service area to design and
4872 implement a comprehensive and coordinated system of services and programs for the aged
4873 within appropriations from the Legislature.
4874 (b) Designation as an area agency on aging may be withdrawn:
4875 (i) upon request of the area agency on aging; or
4876 (ii) upon noncompliance with the provisions of the:
4877 (A) Older Americans Act of 1965, 42 U.S.C. 3001 et seq.;
4878 (B) federal regulations enacted under the Older Americans Act of 1965, 42 U.S.C.
4879 3001 et seq.;
4880 (C) provisions of this chapter; or
4881 (D) rules, policies, or procedures established by the division.
4882 (3) (a) The division has the authority to designate:
4883 (i) planning and service areas for the state; and
4884 (ii) subject to Subsection (3)(b), an area agency on high risk adults within each
4885 planning and service area to design and implement a comprehensive and coordinated system of
4886 case management and programs for high risk adults within appropriations from the Legislature.
4887 (b) For purposes of Subsection (3)(a)(ii), before October 1, 1998, the division shall
4888 designate as the area agency on high risk adults in a planning and service area:
4889 (i) the area agency on aging that operates within the same geographic area if that
4890 agency requests, before July 1, 1998, to expand that agency's current contract with the division
4891 to include the responsibility of:
4892 (A) being the area agency on high risk adults; or
4893 (B) operating the area agency on high risk adults:
4894 (I) through joint cooperation with one or more existing area agencies on aging; and
4895 (II) without reducing geographical coverage in any service area; or
4896 (ii) a public or private nonprofit agency or office if the area agency on aging that
4897 operates within the same geographic area has not made a request in accordance with Subsection
4898 (3)(b)(i).
4899 (c) (i) Area agencies on high risk adults shall be in operation before July 1, 1999.
4900 (ii) The division's efforts to establish area agencies on high risk adults shall start with
4901 counties with a population of more than 150,000 people.
4902 (d) Designation as an area agency on high risk adults may be withdrawn:
4903 (i) upon request by the area agency; or
4904 (ii) upon noncompliance with:
4905 (A) state law;
4906 (B) federal law; or
4907 (C) rules, policies, or procedures established by the division.
4908 (4) (a) The division may, by following the procedures and requirements of Title 63J,
4909 Chapter 5, Federal Funds Procedures Act:
4910 (i) seek federal grants, loans, or participation in federal programs; and
4911 (ii) receive and distribute state and federal funds for the division's programs and
4912 services to the aging and adult populations of the state.
4913 (b) The division may not disburse public funds to a personal care attendant as payment
4914 for personal services rendered to an aged person or high risk adult, except as provided in
4915 Section [
4916 (5) The division has authority to establish, either directly or by contract, programs of
4917 advocacy, monitoring, evaluation, technical assistance, and public education to enhance the
4918 quality of life for aging and adult citizens of the state.
4919 (6) In accordance with the rules of the division and Title 63G, Chapter 6a, Utah
4920 Procurement Code, the division may contract with:
4921 (a) the governing body of an area agency to provide a comprehensive program of
4922 services; or
4923 (b) public and private entities for special services.
4924 (7) The division has authority to provide for collection, compilation, and dissemination
4925 of information, statistics, and reports relating to issues facing aging and adult citizens.
4926 (8) The division has authority to prepare and submit reports regarding the operation
4927 and administration of the division to the department, the Legislature, and the governor, as
4928 requested.
4929 (9) The division shall:
4930 (a) implement and enforce policies established by the board governing all aspects of
4931 the division's programs for aging and adult persons in the state;
4932 (b) in order to ensure compliance with all applicable state and federal statutes, policies,
4933 and procedures, monitor and evaluate programs provided by or under contract with:
4934 (i) the division;
4935 (ii) area agencies; and
4936 (iii) an entity that receives funds from an area agency;
4937 (c) examine expenditures of public funds;
4938 (d) withhold funds from programs based on contract noncompliance;
4939 (e) review and approve plans of area agencies in order to ensure:
4940 (i) compliance with division policies; and
4941 (ii) a statewide comprehensive program;
4942 (f) in order to further programs for aging and adult persons and prevent duplication of
4943 services, promote and establish cooperative relationships with:
4944 (i) state and federal agencies;
4945 (ii) social and health agencies;
4946 (iii) education and research organizations; and
4947 (iv) other related groups;
4948 (g) advocate for the aging and adult populations;
4949 (h) promote and conduct research on the problems and needs of aging and adult
4950 persons;
4951 (i) submit recommendations for changes in policies, programs, and funding to the:
4952 (i) governor; and
4953 (ii) Legislature; and
4954 (j) (i) accept contributions to and administer the funds contained in the "Out and
4955 About" Homebound Transportation Assistance Fund created in Section 62A-3-110; and
4956 (ii) make rules in accordance with Title 63G, Chapter 3, Utah Administrative
4957 Rulemaking Act, to facilitate the administration of the "Out and About" Homebound
4958 Transportation Assistance Fund in accordance with Section [
4959 Section 124. Section 26B-6-105, which is renumbered from Section 62A-3-104.1 is
4960 renumbered and amended to read:
4961 [
4962 Registration as a limited purpose entity.
4963 (1) An area agency that provides services to an aged person, or a high risk adult shall
4964 within the area agency's respective jurisdiction:
4965 (a) advocate by monitoring, evaluating, and providing input on all policies, programs,
4966 hearings, and levies that affect a person described in this Subsection (1);
4967 (b) design and implement a comprehensive and coordinated system of services within a
4968 designated planning and service area;
4969 (c) conduct periodic reviews and evaluations of needs and services;
4970 (d) prepare and submit to the division plans for funding and service delivery for
4971 services within the designated planning and service area;
4972 (e) establish, either directly or by contract, programs licensed under Chapter 2,
4973 [
4974 (f) (i) appoint an area director;
4975 (ii) prescribe the area director's duties; and
4976 (iii) provide adequate and qualified staff to carry out the area plan described in
4977 Subsection (1)(d);
4978 (g) establish rules not contrary to policies of the board and rules of the division,
4979 regulating local services and facilities;
4980 (h) operate other services and programs funded by sources other than those
4981 administered by the division;
4982 (i) establish mechanisms to provide direct citizen input, including an area agency
4983 advisory council with a majority of members who are eligible for services from the area
4984 agency;
4985 (j) establish fee schedules; and
4986 (k) comply with the requirements and procedures of:
4987 (i) Title 11, Chapter 13, Interlocal Cooperation Act; and
4988 (ii) Title 51, Chapter 2a, Accounting Reports from Political Subdivisions, Interlocal
4989 Organizations, and Other Local Entities Act.
4990 (2) Before disbursing any public funds, an area agency shall require that all entities
4991 receiving any public funds agree in writing that:
4992 (a) the division may examine the entity's program and financial records; and
4993 (b) the auditor of the local area agency may examine and audit the entity's program and
4994 financial records, if requested by the local area agency.
4995 (3) An area agency on aging may not disburse public funds to a personal care attendant
4996 as payment for personal services rendered to an aged person or high risk adult, except as
4997 provided in Section [
4998 (4) (a) For the purpose of providing services pursuant to this part, a local area agency
4999 may receive:
5000 (i) property;
5001 (ii) grants;
5002 (iii) gifts;
5003 (iv) supplies;
5004 (v) materials;
5005 (vi) any benefit derived from the items described in Subsections (4)(a)(i) through (v);
5006 and
5007 (vii) contributions.
5008 (b) If a gift is conditioned upon the gift's use for a specified service or program, the gift
5009 shall be used for the specific service or program.
5010 (5) (a) Area agencies shall award all public funds in compliance with:
5011 (i) the requirements of Title 63G, Chapter 6a, Utah Procurement Code; or
5012 (ii) a county procurement ordinance that requires procurement procedures similar to
5013 those described in Subsection (5)(a)(i).
5014 (b) (i) If all initial bids on a project are rejected, the area agency shall publish a new
5015 invitation to bid.
5016 (ii) If no satisfactory bid is received by the area agency described in Subsection
5017 (5)(b)(i), when the bids received from the second invitation are opened the area agency may
5018 execute a contract without requiring competitive bidding.
5019 (c) (i) An area agency need not comply with the procurement provisions of this section
5020 when it disburses public funds to another governmental entity.
5021 (ii) For purposes of this Subsection (5)(c), "governmental entity" means any political
5022 subdivision or institution of higher education of the state.
5023 (d) (i) Contracts awarded by an area agency shall be for a:
5024 (A) fixed amount; and
5025 (B) limited period.
5026 (ii) The contracts described in Subsection (5)(d)(i) may be modified due to changes in
5027 available funding for the same contract purpose without competition.
5028 (6) Local area agencies shall comply with:
5029 (a) applicable state and federal:
5030 (i) statutes;
5031 (ii) policies; and
5032 (iii) audit requirements; and
5033 (b) directives resulting from an audit described in Subsection (6)(a)(iii).
5034 (7) (a) Each area agency shall register and maintain the area agency's registration as a
5035 limited purpose entity, in accordance with Section 67-1a-15.
5036 (b) An area agency that fails to comply with Subsection (7)(a) or Section 67-1a-15 is
5037 subject to enforcement by the state auditor, in accordance with Section 67-3-1.
5038 Section 125. Section 26B-6-106, which is renumbered from Section 62A-3-104.2 is
5039 renumbered and amended to read:
5040 [
5041 When an area agency has established a plan to provide services authorized by this
5042 chapter, and those services meet standards fixed by rules of the board, the area agency may
5043 enter into a contract with the division for services to be furnished by that area agency for an
5044 agreed compensation to be paid by the division.
5045 Section 126. Section 26B-6-107, which is renumbered from Section 62A-3-104.3 is
5046 renumbered and amended to read:
5047 [
5048 a personal care attendant.
5049 (1) [
5050
5051 department.
5052 (2) Public funds may not be disbursed to a personal care attendant as payment for
5053 personal services rendered to an aged person or high risk adult unless the office approves the
5054 personal care attendant to have direct access and provide services to children or vulnerable
5055 adults pursuant to Section [
5056 (3) For purposes of Subsection (2), the office shall conduct a background check of a
5057 personal care attendant:
5058 (a) who desires to receive public funds as payment for the personal services described
5059 in Subsection (2); and
5060 (b) using the same procedures established for a background check of an applicant for a
5061 license under Section [
5062 Section 127. Section 26B-6-108, which is renumbered from Section 62A-3-105 is
5063 renumbered and amended to read:
5064 [
5065 Older American funds.
5066 (1) Except as provided in Subsection (2), a local area agency on aging that receives
5067 state or federal Older Americans Act Supportive Services, Older Americans Act Congregate
5068 Meals, or Older Americans Act Home Delivered Meals related funds from the division to
5069 provide programs and services under this chapter shall match those funds in an amount at least
5070 equal to:
5071 (a) 15% of service dollars; and
5072 (b) 25% of administrative dollars.
5073 (2) A local area agency on aging is not required to match cash-in-lieu funds related to
5074 the Home Delivered Meals program or congregate meals.
5075 (3) A local area agency on aging may include services, property, or other in-kind
5076 contributions to meet the administrative dollars match but may only use cash to meet the
5077 service dollars match.
5078 Section 128. Section 26B-6-109, which is renumbered from Section 62A-3-106 is
5079 renumbered and amended to read:
5080 [
5081 Eligibility for services provided by the division directly or through contractual
5082 arrangements shall be determined by criteria established by the division and approved by the
5083 board.
5084 Section 129. Section 26B-6-110, which is renumbered from Section 62A-3-106.5 is
5085 renumbered and amended to read:
5086 [
5087 services.
5088 (1) [
5089 responsible to investigate or provide services in a particular case under the rules established
5090 under Subsection (2)(a).
5091 (2) In order to avoid duplication in responding to a report of alleged abuse, neglect, or
5092 exploitation of a vulnerable adult who resides in a long-term care facility, the division shall
5093 make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
5094 that establish procedures to:
5095 (a) determine whether Adult Protective Services or the Long-Term Care Ombudsman
5096 Program will be responsible to investigate or provide services in a particular case; and
5097 (b) determine whether, and under what circumstances, the agency described in
5098 Subsection (2)(a) that is not the responsible agency will provide assistance to the responsible
5099 agency in a particular case.
5100 (3) Notwithstanding Subsection (2), or the rules made pursuant to Subsection (2),
5101 Adult Protective Services shall be the agency within the division that is responsible for
5102 receiving all reports of alleged abuse, neglect, or exploitation of a vulnerable adult as provided
5103 in Section 62A-3-305.
5104 Section 130. Section 26B-6-111, which is renumbered from Section 62A-3-107 is
5105 renumbered and amended to read:
5106 [
5107 (1) The board is the program policymaking body for the division and for programs
5108 funded with state and federal money under Sections [
5109 105 and 26B-6-106. In establishing policy and reviewing existing policy, the board shall seek
5110 input from local area agencies, consumers, providers, advocates, division staff, and other
5111 interested parties as determined by the board.
5112 (2) The board shall establish, by rule, procedures for developing its policies which
5113 ensure that local area agencies are given opportunity to comment and provide input on any new
5114 policy of the board and on any proposed changes in the board's existing policy. The board
5115 shall also provide a mechanism for review of its existing policy and for consideration of policy
5116 changes that are proposed by those local area agencies.
5117 (3) A member may not receive compensation or benefits for the member's service, but,
5118 at the executive director's discretion, may receive per diem and travel expenses in accordance
5119 with:
5120 (a) Section 63A-3-106;
5121 (b) Section 63A-3-107; and
5122 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
5123 63A-3-107.
5124 Section 131. Section 26B-6-112, which is renumbered from Section 62A-3-107.5 is
5125 renumbered and amended to read:
5126 [
5127 (1) (a) The board may make grants to local area agencies on aging to acquire facilities
5128 to provide community-based services for aged persons. Grants under this section shall be made
5129 solely from appropriations made to the division for implementation of this section.
5130 (b) Acquisition of a facility may include acquisition of real property, construction of a
5131 new facility, acquisition of an existing facility, or alteration, renovation, or improvement of an
5132 existing facility.
5133 (c) The local area agency may allocate grants received under this section to a local
5134 nonprofit or governmental agency that owns or operates a facility to provide community-based
5135 services for aged persons.
5136 (2) A local area agency on aging or the local nonprofit or governmental agency that
5137 owns or operates the facility and receives grant money from the area agency shall provide a
5138 matching contribution of at least 25% of the grant funds it receives under this section. A
5139 matching contribution may include funds, services, property, or other in-kind contributions.
5140 (3) In making grants under this section, the board may consider:
5141 (a) the extent and availability of public and private funding to operate programs in the
5142 facility to be acquired and to provide for maintenance of that facility;
5143 (b) the need for community-based services in the geographical area served by the area
5144 agency on aging;
5145 (c) the availability of private and local funds to assist in acquisition, alteration,
5146 renovation, or improvement of the facility; and
5147 (d) the extent and level of support for acquisition of the facility from local government
5148 officials, private citizens, interest groups, and others.
5149 (4) Grants to local area agencies on aging and any local nonprofit or governmental
5150 agency that owns or operates a facility and receives grant money from the area agency under
5151 this section are subject to the oversight and control by the division described in Subsection
5152 [
5153 (5) It is the intent of the Legislature that the grants made under this section serve the
5154 statewide purpose of providing support for senior citizens throughout the state, and that the
5155 grants shall be made to serve as effectively as possible the facilities in greatest need of
5156 assistance.
5157 Section 132. Section 26B-6-113, which is renumbered from Section 62A-3-108 is
5158 renumbered and amended to read:
5159 [
5160 Formulas.
5161 (1) (a) The board shall establish by rule formulas for allocating funds to local area
5162 agencies through contracts to provide programs and services in accordance with this part based
5163 on need.
5164 (b) Determination of need shall be based on the number of eligible persons located in
5165 the local area which the division is authorized to serve, unless federal regulations require
5166 otherwise or the board establishes, by valid and accepted data, that other defined factors are
5167 relevant and reliable indicators of need.
5168 (c) Formulas established by the board shall include a differential to compensate for
5169 additional costs of providing services in rural areas.
5170 (2) Formulas established under Subsection (1) shall be in effect on or before July 1,
5171 1998, and apply to all state and federal funds appropriated by the Legislature to the division for
5172 local area agencies, but does not apply to:
5173 (a) funds that local area agencies receive from sources other than the division;
5174 (b) funds that local area agencies receive from the division to operate a specific
5175 program within its jurisdiction which is available to all residents of the state;
5176 (c) funds that a local area agency receives from the division to meet a need that exists
5177 only within that local area; and
5178 (d) funds that a local area agency receives from the division for research projects.
5179 Section 133. Section 26B-6-114, which is renumbered from Section 62A-3-109 is
5180 renumbered and amended to read:
5181 [
5182 Adjudicative proceedings held by, or relating to, the division or the board shall comply
5183 with the procedures and requirements of Title 63G, Chapter 4, Administrative Procedures Act.
5184 Section 134. Section 26B-6-201, which is renumbered from Section 62A-3-301 is
5185 renumbered and amended to read:
5186
5187 [
5188 As used in this part:
5189 (1) "Abandonment" means any knowing or intentional action or failure to act,
5190 including desertion, by a person acting as a caretaker for a vulnerable adult that leaves the
5191 vulnerable adult without the means or ability to obtain necessary food, clothing, shelter, or
5192 medical or other health care.
5193 (2) "Abuse" means:
5194 (a) knowingly or intentionally:
5195 (i) attempting to cause harm;
5196 (ii) causing harm; or
5197 (iii) placing another in fear of harm;
5198 (b) unreasonable or inappropriate use of physical restraint, medication, or isolation that
5199 causes or is likely to cause harm to a vulnerable adult;
5200 (c) emotional or psychological abuse;
5201 (d) a sexual offense as described in Title 76, Chapter 5, Offenses Against the
5202 Individual; or
5203 (e) deprivation of life sustaining treatment, or medical or mental health treatment,
5204 except:
5205 (i) as provided in Title 75, Chapter 2a, Advance Health Care Directive Act; or
5206 (ii) when informed consent, as defined in Section 76-5-111, has been obtained.
5207 (3) "Adult" means an individual who is 18 years old or older.
5208 (4) "Adult protection case file" means a record, stored in any format, contained in a
5209 case file maintained by Adult Protective Services.
5210 (5) "Adult Protective Services" means the unit within the division responsible to
5211 investigate abuse, neglect, and exploitation of vulnerable adults and provide appropriate
5212 protective services.
5213 (6) "Capacity to consent" means the ability of an individual to understand and
5214 communicate regarding the nature and consequences of decisions relating to the individual, and
5215 relating to the individual's property and lifestyle, including a decision to accept or refuse
5216 services.
5217 (7) "Caretaker" means a person or public institution that is entrusted with or assumes
5218 the responsibility to provide a vulnerable adult with care, food, shelter, clothing, supervision,
5219 medical or other health care, resource management, or other necessities for pecuniary gain, by
5220 contract, or as a result of friendship, or who is otherwise in a position of trust and confidence
5221 with a vulnerable adult, including a relative, a household member, an attorney-in-fact, a
5222 neighbor, a person who is employed or who provides volunteer work, a court-appointed or
5223 voluntary guardian, or a person who contracts or is under court order to provide care.
5224 (8) "Counsel" means an attorney licensed to practice law in this state.
5225 (9) "Database" means the statewide database maintained by the division under Section
5226 [
5227 (10) (a) "Dependent adult" means an individual 18 years old or older, who has a
5228 physical or mental impairment that restricts the individual's ability to carry out normal
5229 activities or to protect the individual's rights.
5230 (b) "Dependent adult" includes an individual who has physical or developmental
5231 disabilities or whose physical or mental capacity has substantially diminished because of age.
5232 (11) "Elder abuse" means abuse, neglect, or exploitation of an elder adult.
5233 (12) "Elder adult" means an individual 65 years old or older.
5234 (13) "Emergency" means a circumstance in which a vulnerable adult is at an immediate
5235 risk of death, serious physical injury, or serious physical, emotional, or financial harm.
5236 (14) "Emergency protective services" means measures taken by Adult Protective
5237 Services under time-limited, court-ordered authority for the purpose of remediating an
5238 emergency.
5239 (15) (a) "Emotional or psychological abuse" means knowing or intentional verbal or
5240 nonverbal conduct directed at a vulnerable adult that results in the vulnerable adult suffering
5241 mental anguish, emotional distress, fear, humiliation, degradation, agitation, or confusion.
5242 (b) "Emotional or psychological abuse" includes intimidating, threatening, isolating,
5243 coercing, or harassing.
5244 (c) "Emotional or psychological abuse" does not include verbal or non-verbal conduct
5245 by a vulnerable adult who lacks the capacity to intentionally or knowingly:
5246 (i) engage in the conduct; or
5247 (ii) cause mental anguish, emotional distress, fear, humiliation, degradation, agitation,
5248 or confusion.
5249 (16) "Exploitation" means an offense described in Section 76-5-111.3, 76-5-111.4, or
5250 76-5b-202.
5251 (17) "Harm" means pain, mental anguish, emotional distress, hurt, physical or
5252 psychological damage, physical injury, serious physical injury, suffering, or distress inflicted
5253 knowingly or intentionally.
5254 (18) "Inconclusive" means a finding by the division that there is not a reasonable basis
5255 to conclude that abuse, neglect, or exploitation occurred.
5256 (19) "Intimidation" means communication through verbal or nonverbal conduct which
5257 threatens deprivation of money, food, clothing, medicine, shelter, social interaction,
5258 supervision, health care, or companionship, or which threatens isolation or abuse.
5259 (20) (a) "Isolation" means knowingly or intentionally preventing a vulnerable adult
5260 from having contact with another person, unless the restriction of personal rights is authorized
5261 by court order, by:
5262 (i) preventing the vulnerable adult from communicating, visiting, interacting, or
5263 initiating interaction with others, including receiving or inviting visitors, mail, or telephone
5264 calls, contrary to the expressed wishes of the vulnerable adult, or communicating to a visitor
5265 that the vulnerable adult is not present or does not want to meet with or talk to the visitor,
5266 knowing that communication to be false;
5267 (ii) physically restraining the vulnerable adult in order to prevent the vulnerable adult
5268 from meeting with a visitor; or
5269 (iii) making false or misleading statements to the vulnerable adult in order to induce
5270 the vulnerable adult to refuse to receive communication from visitors or other family members.
5271 (b) "Isolation" does not include an act:
5272 (i) intended in good faith to protect the physical or mental welfare of the vulnerable
5273 adult; or
5274 (ii) performed pursuant to the treatment plan or instructions of a physician or other
5275 professional advisor of the vulnerable adult.
5276 (21) "Lacks capacity to consent" is as defined in Section 76-5-111.4.
5277 (22) (a) "Neglect" means:
5278 (i) (A) failure of a caretaker to provide necessary care, including nutrition, clothing,
5279 shelter, supervision, personal care, or dental, medical, or other health care for a vulnerable
5280 adult, unless the vulnerable adult is able to provide or obtain the necessary care without
5281 assistance; or
5282 (B) failure of a caretaker to provide protection from health and safety hazards or
5283 maltreatment;
5284 (ii) failure of a caretaker to provide care to a vulnerable adult in a timely manner and
5285 with the degree of care that a reasonable person in a like position would exercise;
5286 (iii) a pattern of conduct by a caretaker, without the vulnerable adult's informed
5287 consent, resulting in deprivation of food, water, medication, health care, shelter, cooling,
5288 heating, or other services necessary to maintain the vulnerable adult's well being;
5289 (iv) knowing or intentional failure by a caretaker to carry out a prescribed treatment
5290 plan that causes or is likely to cause harm to the vulnerable adult;
5291 (v) self-neglect by the vulnerable adult; or
5292 (vi) abandonment by a caretaker.
5293 (b) "Neglect" does not include conduct, or failure to take action, that is permitted or
5294 excused under Title 75, Chapter 2a, Advance Health Care Directive Act.
5295 (23) "Physical injury" includes the damage and conditions described in Section
5296 76-5-111.
5297 (24) "Protected person" means a vulnerable adult for whom the court has ordered
5298 protective services.
5299 (25) "Protective services" means services to protect a vulnerable adult from abuse,
5300 neglect, or exploitation.
5301 (26) "Self-neglect" means the failure of a vulnerable adult to provide or obtain food,
5302 water, medication, health care, shelter, cooling, heating, safety, or other services necessary to
5303 maintain the vulnerable adult's well being when that failure is the result of the adult's mental or
5304 physical impairment. Choice of lifestyle or living arrangements may not, by themselves, be
5305 evidence of self-neglect.
5306 (27) "Serious physical injury" is as defined in Section 76-5-111.
5307 (28) "Supported" means a finding by the division that there is a reasonable basis to
5308 conclude that abuse, neglect, or exploitation occurred.
5309 (29) "Undue influence" occurs when a person:
5310 (a) uses influence to take advantage of a vulnerable adult's mental or physical
5311 impairment; or
5312 (b) uses the person's role, relationship, or power:
5313 (i) to exploit, or knowingly assist or cause another to exploit, the trust, dependency, or
5314 fear of a vulnerable adult; or
5315 (ii) to gain control deceptively over the decision making of the vulnerable adult.
5316 (30) "Vulnerable adult" means an elder adult, or a dependent adult who has a mental or
5317 physical impairment which substantially affects that person's ability to:
5318 (a) provide personal protection;
5319 (b) provide necessities such as food, shelter, clothing, or mental or other health care;
5320 (c) obtain services necessary for health, safety, or welfare;
5321 (d) carry out the activities of daily living;
5322 (e) manage the adult's own financial resources; or
5323 (f) comprehend the nature and consequences of remaining in a situation of abuse,
5324 neglect, or exploitation.
5325 (31) "Without merit" means a finding that abuse, neglect, or exploitation did not occur.
5326 Section 135. Section 26B-6-202, which is renumbered from Section 62A-3-302 is
5327 renumbered and amended to read:
5328 [
5329 Subject to the rules made by the division under Section [
5330 Adult Protective Services:
5331 (1) shall investigate or cause to be investigated reports of alleged abuse, neglect, or
5332 exploitation of vulnerable adults;
5333 (2) shall, where appropriate, provide short-term, limited protective services with the
5334 permission of the affected vulnerable adult or the guardian or conservator of the vulnerable
5335 adult;
5336 (3) shall, subject to Section [
5337 services; and
5338 (4) may make rules, in accordance with Title 63G, Chapter 3, Utah Administrative
5339 Rulemaking Act, and develop procedures and policies relating to:
5340 (a) reporting and investigating incidents of abuse, neglect, or exploitation; and
5341 (b) providing protective services to the extent that funds are appropriated by the
5342 Legislature for this purpose.
5343 Section 136. Section 26B-6-203, which is renumbered from Section 62A-3-303 is
5344 renumbered and amended to read:
5345 [
5346 In addition to all other powers and duties that Adult Protective Services is given under
5347 this part, Adult Protective Services:
5348 (1) shall maintain an intake system for receiving and screening reports;
5349 (2) shall investigate referrals that meet the intake criteria;
5350 (3) shall conduct assessments of vulnerability and functional capacity as it relates to an
5351 allegation of abuse, neglect, or exploitation of an adult who is the subject of a report;
5352 (4) shall perform assessments based on protective needs and risks for a vulnerable
5353 adult who is the subject of a report;
5354 (5) may address any protective needs by making recommendations to and coordinating
5355 with the vulnerable adult or by making referrals to community resources;
5356 (6) may provide short-term, limited services to a vulnerable adult when family or
5357 community resources are not available to provide for the protective needs of the vulnerable
5358 adult;
5359 (7) shall have access to facilities licensed by, or contracted with, the department [
5360
5361 (8) shall be given access to, or provided with, written statements, documents, exhibits,
5362 and other items related to an investigation, including private, controlled, or protected medical
5363 or financial records of a vulnerable adult who is the subject of an investigation if:
5364 (a) for a vulnerable adult who has the capacity to consent, the vulnerable adult signs a
5365 release of information; or
5366 (b) for a vulnerable adult who lacks capacity to consent, an administrative subpoena is
5367 issued by Adult Protective Services;
5368 (9) may initiate proceedings in a court of competent jurisdiction to seek relief
5369 necessary to carry out the provisions of this chapter;
5370 (10) shall, subject to Section [
5371 services;
5372 (11) may require all persons, including family members of a vulnerable adult and any
5373 caretaker, to cooperate with Adult Protective Services in carrying out its duties under this
5374 chapter, including the provision of statements, documents, exhibits, and other items that assist
5375 Adult Protective Services in conducting investigations and providing protective services;
5376 (12) may require all officials, agencies, departments, and political subdivisions of the
5377 state to assist and cooperate within their jurisdictional power with the court, the division, and
5378 Adult Protective Services in furthering the purposes of this chapter;
5379 (13) may conduct studies and compile data regarding abuse, neglect, and exploitation;
5380 and
5381 (14) may issue reports and recommendations.
5382 Section 137. Section 26B-6-204, which is renumbered from Section 62A-3-304 is
5383 renumbered and amended to read:
5384 [
5385 A caretaker, facility, or other institution shall, regardless of the confidentiality standards
5386 of the caretaker, facility, or institution:
5387 (1) report abuse, neglect, or exploitation of a vulnerable adult in accordance with this
5388 chapter;
5389 (2) cooperate with any Adult Protective Services investigation;
5390 (3) provide Adult Protective Services with access to records or documents relating to
5391 the vulnerable adult who is the subject of an investigation; or
5392 (4) provide evidence in any judicial or administrative proceeding relating to a
5393 vulnerable adult who is the subject of an investigation.
5394 Section 138. Section 26B-6-205, which is renumbered from Section 62A-3-305 is
5395 renumbered and amended to read:
5396 [
5397 Exceptions -- Immunity -- Penalties -- Nonmedical healing.
5398 (1) Except as provided in Subsection (4), if an individual has reason to believe that a
5399 vulnerable adult is, or has been, the subject of abuse, neglect, or exploitation, the individual
5400 shall immediately report the suspected abuse, neglect, or exploitation to Adult Protective
5401 Services or to the nearest peace officer or law enforcement agency.
5402 (2) (a) If a peace officer or a law enforcement agency receives a report under
5403 Subsection (1), the peace officer or the law enforcement agency shall immediately notify Adult
5404 Protective Services.
5405 (b) Adult Protective Services and the peace officer or the law enforcement agency shall
5406 coordinate, as appropriate, efforts to investigate the report under Subsection (1) and to provide
5407 protection to the vulnerable adult.
5408 (3) When a report under Subsection (1), or a subsequent investigation by Adult
5409 Protective Services, indicates that a criminal offense may have occurred against a vulnerable
5410 adult:
5411 (a) Adult Protective Services shall notify the nearest local law enforcement agency
5412 regarding the potential offense; and
5413 (b) the law enforcement agency shall initiate an investigation in cooperation with Adult
5414 Protective Services.
5415 (4) Subject to Subsection (5), the reporting requirement described in Subsection (1)
5416 does not apply to:
5417 (a) a member of the clergy, with regard to any confession made to the member of the
5418 clergy while functioning in the ministerial capacity of the member of the clergy and without the
5419 consent of the individual making the confession, if:
5420 (i) the perpetrator made the confession directly to the member of the clergy; and
5421 (ii) the member of the clergy is, under canon law or church doctrine or practice, bound
5422 to maintain the confidentiality of that confession; or
5423 (b) an attorney, or an individual employed by the attorney, if knowledge of the
5424 suspected abuse, neglect, or exploitation of a vulnerable adult arises from the representation of
5425 a client, unless the attorney is permitted to reveal the suspected abuse, neglect, or exploitation
5426 of the vulnerable adult to prevent reasonably certain death or substantial bodily harm in
5427 accordance with Utah Rules of Professional Conduct, Rule 1.6.
5428 (5) (a) When a member of the clergy receives information about abuse, neglect, or
5429 exploitation of a vulnerable adult from any source other than confession of the perpetrator, the
5430 member of the clergy is required to report that information even though the member of the
5431 clergy may have also received information about abuse, neglect, or exploitation from the
5432 confession of the perpetrator.
5433 (b) Exemption of the reporting requirement for an individual described in Subsection
5434 (4) does not exempt the individual from any other efforts required by law to prevent further
5435 abuse, neglect, or exploitation of a vulnerable adult by the perpetrator.
5436 (6) (a) As used in this Subsection (6), "physician" means an individual licensed to
5437 practice as a physician or osteopath in this state under Title 58, Chapter 67, Utah Medical
5438 Practice Act, or Title 58, Chapter 68, Utah Osteopathic Medical Practice Act.
5439 (b) The physician-patient privilege does not:
5440 (i) excuse a physician from reporting suspected abuse, neglect, or exploitation of a
5441 vulnerable adult under Subsection (1); or
5442 (ii) constitute grounds for excluding evidence regarding a vulnerable adult's injuries, or
5443 the cause of the vulnerable adult's injuries, in any judicial or administrative proceeding
5444 resulting from a report under Subsection (1).
5445 (7) (a) An individual who in good faith makes a report under Subsection (1), or who
5446 otherwise notifies Adult Protective Services or a peace officer or law enforcement agency, is
5447 immune from civil and criminal liability in connection with the report or notification.
5448 (b) A covered provider or covered contractor, as defined in Section [
5449 238, that knowingly fails to report suspected abuse, neglect, or exploitation of a vulnerable
5450 adult to Adult Protective Services, or to the nearest peace officer or law enforcement agency,
5451 under Subsection (1), is subject to a private right of action and liability for the abuse, neglect,
5452 or exploitation of a vulnerable adult that is committed by the individual who was not reported
5453 to Adult Protective Services or to the nearest peace officer or law enforcement agency.
5454 (c) This Subsection (7) does not provide immunity with respect to acts or omissions of
5455 a governmental employee except as provided in Title 63G, Chapter 7, Governmental Immunity
5456 Act of Utah.
5457 (8) If Adult Protective Services has substantial grounds to believe that an individual
5458 has knowingly failed to report suspected abuse, neglect, or exploitation of a vulnerable adult in
5459 accordance with this section, Adult Protective Services shall file a complaint with:
5460 (a) the Division of Professional Licensing if the individual is a health care provider, as
5461 defined in Section 80-2-603, or a mental health therapist, as defined in Section 58-60-102;
5462 (b) the appropriate law enforcement agency if the individual is a law enforcement
5463 officer, as defined in Section 53-13-103; and
5464 (c) the State Board of Education if the individual is an educator, as defined in Section
5465 53E-6-102.
5466 (9) (a) An individual is guilty of a class B misdemeanor if the individual willfully fails
5467 to report suspected abuse, neglect, or exploitation of a vulnerable adult to Adult Protective
5468 Services, or to the nearest peace officer or law enforcement agency under Subsection (1).
5469 (b) If an individual is convicted under Subsection (9)(a), the court may order the
5470 individual, in addition to any other sentence the court imposes, to:
5471 (i) complete community service hours; or
5472 (ii) complete a program on preventing abuse, neglect, and exploitation of vulnerable
5473 adults.
5474 (c) In determining whether it would be appropriate to charge an individual with a
5475 violation of Subsection (9)(a), the prosecuting attorney shall take into account whether a
5476 reasonable individual would not have reported suspected abuse, neglect, or exploitation of a
5477 vulnerable adult because reporting would have placed the individual in immediate danger of
5478 death or serious bodily injury.
5479 (d) Notwithstanding any contrary provision of law, a prosecuting attorney may not use
5480 an individual's violation of Subsection (9)(a) as the basis for charging the individual with
5481 another offense.
5482 (e) A prosecution for failure to report under Subsection (9)(a) shall be commenced
5483 within two years after the day on which the individual had knowledge of the suspected abuse,
5484 neglect, or exploitation and willfully failed to report.
5485 (10) Under circumstances not amounting to a violation of Section 76-8-508, an
5486 individual is guilty of a class B misdemeanor if the individual threatens, intimidates, or
5487 attempts to intimidate a vulnerable adult who is the subject of a report under Subsection (1),
5488 the individual who made the report under Subsection (1), a witness, or any other person
5489 cooperating with an investigation conducted in accordance with this chapter.
5490 (11) An adult is not considered abused, neglected, or a vulnerable adult for the reason
5491 that the adult has chosen to rely solely upon religious, nonmedical forms of healing in lieu of
5492 medical care.
5493 Section 139. Section 26B-6-206, which is renumbered from Section 62A-3-307 is
5494 renumbered and amended to read:
5495 [
5496 Law enforcement or Adult Protective Services investigators may collect evidence
5497 regarding alleged abuse, neglect, or exploitation of a vulnerable adult by taking, or causing to
5498 be taken, photographs, video tape recordings, or audio or video tape accounts of a vulnerable
5499 adult, if the vulnerable adult:
5500 (1) consents to the taking of the photographs, video tape recordings, or audio or video
5501 tape accounts; or
5502 (2) lacks the capacity to give the consent described in Subsection (1).
5503 Section 140. Section 26B-6-207, which is renumbered from Section 62A-3-308 is
5504 renumbered and amended to read:
5505 [
5506 Notification.
5507 (1) A peace officer may remove and transport, or cause to have transported, a
5508 vulnerable adult to an appropriate medical or shelter facility, if:
5509 (a) the officer has probable cause to believe that:
5510 (i) by reason of abuse, neglect, or exploitation there exist exigent circumstances; and
5511 (ii) the vulnerable adult will suffer serious physical injury or death if not immediately
5512 placed in a safe environment;
5513 (b) the vulnerable adult refuses to consent or lacks capacity to consent; and
5514 (c) there is not time to notify interested parties or to apply for a warrant or other court
5515 order.
5516 (2) A peace officer described in Subsection (1) shall, within four hours after a
5517 vulnerable adult is transported to an appropriate medical or shelter facility:
5518 (a) notify Adult Protective Services intake; and
5519 (b) request that Adult Protective Services or the division file a petition with the court
5520 for an emergency protective order.
5521 Section 141. Section 26B-6-208, which is renumbered from Section 62A-3-309 is
5522 renumbered and amended to read:
5523 [
5524 district attorney.
5525 (1) It is the duty of the county or district attorney, as appropriate under Sections
5526 17-18a-202 and 17-18a-203, to:
5527 (a) assist and represent the division;
5528 (b) initiate legal proceedings to protect vulnerable adults; and
5529 (c) take appropriate action to prosecute the alleged offenders.
5530 (2) If the county or district attorney fails to act upon the request of the division to
5531 provide legal assistance within five business days after the day on which the request is made:
5532 (a) the division may request the attorney general to act; and
5533 (b) the attorney general may, in the attorney general's discretion, assume the
5534 responsibilities and carry the action forward in place of the county or district attorney.
5535 Section 142. Section 26B-6-209, which is renumbered from Section 62A-3-311 is
5536 renumbered and amended to read:
5537 [
5538 (1) Requests for records maintained by Adult Protective Services shall be made in
5539 writing to Adult Protective Services.
5540 (2) Classification and disclosure of records shall be made in accordance with Title
5541 63G, Chapter 2, Government Records Access and Management Act.
5542 Section 143. Section 26B-6-210, which is renumbered from Section 62A-3-311.1 is
5543 renumbered and amended to read:
5544 [
5545 (1) The division shall maintain a database for reports of vulnerable adult abuse,
5546 neglect, or exploitation made pursuant to this part.
5547 (2) The database shall include:
5548 (a) the names and identifying data of the alleged abused, neglected, or exploited
5549 vulnerable adult and the alleged perpetrator;
5550 (b) information regarding whether or not the allegation of abuse, neglect, or
5551 exploitation was found to be:
5552 (i) supported;
5553 (ii) inconclusive;
5554 (iii) without merit; or
5555 (iv) for reports for which the finding is made before May 5, 2008:
5556 (A) substantiated; or
5557 (B) unsubstantiated; and
5558 (c) any other information that may be helpful in furthering the purposes of this part, as
5559 determined by the division.
5560 (3) Information obtained from the database may be used only:
5561 (a) for statistical summaries compiled by the department that do not include names or
5562 other identifying data;
5563 (b) where identification of an individual as a perpetrator may be relevant in a
5564 determination regarding whether to grant or deny a license, privilege, or approval made by:
5565 (i) the department;
5566 (ii) the Division of Professional Licensing;
5567 [
5568 (iii) the Division of Licensing and Background Checks within the department;
5569 (iv) the Bureau of Emergency Medical Services and Preparedness, within the
5570 [
5571 Services and Preparedness;
5572 (v) any government agency specifically authorized by statute to access or use the
5573 information in the database; or
5574 (vi) an agency of another state that performs a similar function to an agency described
5575 in Subsections (3)(b)(i) through (iv); or
5576 (c) as otherwise specifically provided by law.
5577 Section 144. Section 26B-6-211, which is renumbered from Section 62A-3-311.5 is
5578 renumbered and amended to read:
5579 [
5580 challenging finding -- Limitations.
5581 (1) (a) Except as provided in Subsection (1)(b), within 15 days after the day on which
5582 the division makes a supported finding that a person committed abuse, neglect, or exploitation
5583 of a vulnerable adult, the division shall serve the person with a notice of agency action, in
5584 accordance with Subsections (2) and (3).
5585 (b) The division may serve the notice described in Subsection (1)(a) within a
5586 reasonable time after the 15 day period described in Subsection (1)(a) if:
5587 (i) the delay is necessary in order to:
5588 (A) avoid impeding an ongoing criminal investigation or proceeding; or
5589 (B) protect the safety of a person; and
5590 (ii) the notice is provided before the supported finding is used as a basis to deny the
5591 person a license or otherwise adversely impact the person.
5592 (2) The division shall cause the notice described in Subsection (1)(a) to be served by
5593 personal service or certified mail.
5594 (3) The notice described in Subsection (1)(a) shall:
5595 (a) indicate that the division has conducted an investigation regarding alleged abuse,
5596 neglect, or exploitation of a vulnerable adult by the alleged perpetrator;
5597 (b) indicate that, as a result of the investigation described in Subsection (3)(a), the
5598 division made a supported finding that the alleged perpetrator committed abuse, neglect, or
5599 exploitation of a vulnerable adult;
5600 (c) include a summary of the facts that are the basis for the supported finding;
5601 (d) indicate that the supported finding may result in disqualifying the person from:
5602 (i) being licensed, certified, approved, or employed by a government agency;
5603 (ii) being employed by a service provider, person, or other entity that contracts with, or
5604 is licensed by, a government agency; or
5605 (iii) qualifying as a volunteer for an entity described in Subsection (3)(d)(i) or (ii);
5606 (e) indicate that, as a result of the supported finding, the alleged perpetrator's
5607 identifying information is listed in the database;
5608 (f) indicate that the alleged perpetrator may request a copy of the report of the alleged
5609 abuse, neglect, or exploitation; and
5610 (g) inform the alleged perpetrator of:
5611 (i) the right described in Subsection (4)(a); and
5612 (ii) the consequences of failing to exercise the right described in Subsection (4)(a) in a
5613 timely manner.
5614 (4) (a) The alleged perpetrator has the right, within 30 days after the day on which the
5615 notice described in Subsection (1)(a) is served, to challenge the supported finding by filing a
5616 request for an informal adjudicative proceeding, under Title 63G, Chapter 4, Administrative
5617 Procedures Act.
5618 (b) If the alleged perpetrator fails to file a request for an informal adjudicative
5619 proceeding within the time described in Subsection (4)(a), the supported finding will become
5620 final and will not be subject to challenge or appeal.
5621 (5) At the hearing described in Subsection (4)(a), the division has the burden of
5622 proving, by a preponderance of the evidence, that the alleged perpetrator committed abuse,
5623 neglect, or exploitation of a vulnerable adult.
5624 (6) Notwithstanding any provision of this section, an alleged perpetrator described in
5625 this section may not challenge a supported finding if a court of competent jurisdiction entered a
5626 finding in a proceeding to which the alleged perpetrator was a party, that the alleged perpetrator
5627 committed the abuse, neglect, or exploitation of a vulnerable adult, upon which the supported
5628 finding is based.
5629 (7) A person who was listed in the database as a perpetrator before May 5, 2008, and
5630 who did not have an opportunity to challenge the division's finding that resulted in the listing,
5631 may at any time:
5632 (a) request that the division reconsider the division's finding; or
5633 (b) request an informal adjudicative proceeding, under Title 63G, Chapter 4,
5634 Administrative Procedures Act, to challenge the finding.
5635 Section 145. Section 26B-6-212, which is renumbered from Section 62A-3-312 is
5636 renumbered and amended to read:
5637 [
5638 The database and the adult protection case file:
5639 (1) shall be made available to law enforcement agencies, the attorney general's office,
5640 city attorneys, the Division of Professional Licensing, and county or district attorney's offices;
5641 (2) shall be released as required under Subsection 63G-2-202(4)(c); and
5642 (3) may be made available, at the discretion of the division, to:
5643 (a) subjects of a report as follows:
5644 (i) a vulnerable adult named in a report as a victim of abuse, neglect, or exploitation, or
5645 that adult's attorney or legal guardian; and
5646 (ii) a person identified in a report as having abused, neglected, or exploited a
5647 vulnerable adult, or that person's attorney; and
5648 (b) persons involved in an evaluation or assessment of the vulnerable adult as follows:
5649 (i) an employee or contractor of the department who is responsible for the evaluation or
5650 assessment of an adult protection case file;
5651 (ii) a multidisciplinary team approved by the division to assist Adult Protective
5652 Services in the evaluation, assessment, and disposition of a vulnerable adult case;
5653 (iii) an authorized person or agency providing services to, or responsible for, the care,
5654 treatment, assessment, or supervision of a vulnerable adult named in the report as a victim,
5655 when in the opinion of the division, that information will assist in the protection of, or provide
5656 other benefits to, the victim;
5657 (iv) a licensing authority for a facility, program, or person providing care to a victim
5658 named in a report; and
5659 (v) legally authorized protection and advocacy agencies when they represent a victim
5660 or have been requested by the division to assist on a case, including:
5661 (A) the Office of Public Guardian, created in Section [
5662 (B) the Long-Term Care Ombudsman Program, created in Section [
5663 303.
5664 Section 146. Section 26B-6-213, which is renumbered from Section 62A-3-314 is
5665 renumbered and amended to read:
5666 [
5667 fees.
5668 (1) A vulnerable adult who suffers harm or financial loss as a result of exploitation has
5669 a private right of action against the perpetrator.
5670 (2) Upon the death of a vulnerable adult, any cause of action under this section shall
5671 constitute an asset of the estate of the vulnerable adult.
5672 (3) If the plaintiff prevails in an action brought under this section, the court may order
5673 that the defendant pay the costs and reasonable attorney fees of the plaintiff.
5674 (4) If the defendant prevails in an action brought under this section, the court may
5675 order that the plaintiff pay the costs and reasonable attorney fees of the defendant, if the court
5676 finds that the action was frivolous, unreasonable, or taken in bad faith.
5677 Section 147. Section 26B-6-214, which is renumbered from Section 62A-3-315 is
5678 renumbered and amended to read:
5679 [
5680 ordered.
5681 (1) Vulnerable adults who receive protective services under this part shall do so
5682 knowingly or voluntarily or upon district court order.
5683 (2) Protective services may be provided without a court order for a vulnerable adult
5684 who has the capacity to consent and who requests or knowingly or voluntarily consents to those
5685 services. Protective services may also be provided for a vulnerable adult whose guardian or
5686 conservator with authority to consent does consent to those services. When short-term, limited
5687 protective services are provided, the division and the recipient, or the recipient's guardian or
5688 conservator, shall execute a written agreement setting forth the purposes and limitations of the
5689 services to be provided. If consent is subsequently withdrawn by the recipient, the recipient's
5690 guardian or conservator, or the court, services, including any investigation, shall cease.
5691 (3) A court may order emergency protective services to be provided to a vulnerable
5692 adult who does not consent or who lacks capacity to consent to protective services in
5693 accordance with Section [
5694 Section 148. Section 26B-6-215, which is renumbered from Section 62A-3-316 is
5695 renumbered and amended to read:
5696 [
5697 services.
5698 Costs incurred in providing protective services are the responsibility of the vulnerable
5699 adult when:
5700 (1) the vulnerable adult is financially able to pay for those services, according to rates
5701 established by the division, and that payment is provided for as part of the written agreement
5702 for services described in Section [
5703 (2) the vulnerable adult to be protected is eligible for those services from another
5704 governmental agency; or
5705 (3) the court appoints a guardian or conservator and orders that the costs be paid from
5706 the vulnerable adult's estate.
5707 Section 149. Section 26B-6-216, which is renumbered from Section 62A-3-317 is
5708 renumbered and amended to read:
5709 [
5710 Venue for all proceedings related to protective services and emergency protective
5711 services under this [
5712 present.
5713 Section 150. Section 26B-6-217, which is renumbered from Section 62A-3-320 is
5714 renumbered and amended to read:
5715 [
5716 (1) Adult Protective Services shall, immediately upon court order, provide emergency
5717 protective services to a court-designated vulnerable adult.
5718 (2) A court may, without notice, order emergency protective services immediately upon
5719 receipt of a petition for emergency protective services when a court finds that:
5720 (a) the subject of the petition is a vulnerable adult;
5721 (b) (i) the vulnerable adult does not have a court-appointed guardian or conservator; or
5722 (ii) the guardian or conservator is not effectively performing the guardian's or
5723 conservator's duties;
5724 (c) an emergency exists; and
5725 (d) the welfare, safety, or best interests of the vulnerable adult requires emergency
5726 protective services.
5727 (3) An emergency protective services order shall specifically designate the services that
5728 are approved and the facts that support the provision of those services.
5729 (4) Services authorized in an emergency protective services order may include
5730 hospitalization, nursing, custodial care, or a change in residence.
5731 (5) An emergency protective services order expires five business days after the day on
5732 which the court issues the order unless an appropriate party petitions for temporary
5733 guardianship pursuant to Section 75-5-310 or the division files a new petition for an emergency
5734 services order.
5735 (6) If a petition for guardianship or an additional emergency protective services petition
5736 is filed within five business days after the day on which the court issues the original emergency
5737 protective services order, a court may extend the duration of the original order an additional 15
5738 business days after the day on which the subsequent petition is filed to allow for a court hearing
5739 on the petition.
5740 (7) To implement an emergency protective services order, a court may authorize
5741 forcible entry by a peace officer into the premises where the vulnerable adult may be found.
5742 Section 151. Section 26B-6-218, which is renumbered from Section 62A-3-321 is
5743 renumbered and amended to read:
5744 [
5745 refuses to allow protective services.
5746 (1) When a vulnerable adult is in need of protective services and the caretaker refuses
5747 to allow the provision of those services, the division may petition the court for injunctive relief
5748 prohibiting the caretaker from interfering with the provision of protective services.
5749 (2) The division's petition under Subsection (1) shall allege facts sufficient to show that
5750 the vulnerable adult is in need of protective services, that the vulnerable adult either consents
5751 or lacks capacity to consent to those services, and that the caretaker refuses to allow the
5752 provision of those services.
5753 (3) The court may, on appropriate findings and conclusions in accordance with Rule
5754 65A, Utah Rules of Civil Procedure, issue an order enjoining the caretaker from interfering
5755 with the provision of protective services.
5756 (4) The petition under Subsection (1) may be joined with a petition under Section
5757 [
5758 Section 152. Section 26B-6-219, which is renumbered from Section 62A-3-322 is
5759 renumbered and amended to read:
5760 [
5761 guardian.
5762 A peace officer or an employee or agent of the division may not solicit or provide, and a
5763 court may not order, emergency services for a vulnerable adult based solely on:
5764 (1) the vulnerable adult's possession or use of cannabis in accordance with [
5765
5766 Medical Cannabis; or
5767 (2) the guardian of the vulnerable adult assisting with the use of or possessing cannabis
5768 in accordance with [
5769 Cannabinoid Research and Medical Cannabis.
5770 Section 153. Section 26B-6-301, which is renumbered from Section 62A-14-102 is
5771 renumbered and amended to read:
5772
5773
5774 [
5775 As used in this [
5776 (1) "Conservator" is as defined in Section 75-1-201.
5777 (2) "Court" is as defined in Section 75-1-201.
5778 (3) "Estate" is as defined in Section 75-1-201.
5779 (4) "Guardian" is as defined in Section 75-1-201.
5780 (5) "Incapacitated" means a person who has been determined by a court, pursuant to
5781 Section 75-5-303, to be incapacitated, as defined in Section 75-1-201, after the office has
5782 determined that the person is 18 years of age or older and suffers from a mental or physical
5783 impairment as part of the prepetition assessment in Section [
5784 (6) "Office" means the Office of Public Guardian.
5785 (7) "Property" is as defined in Section 75-1-201.
5786 (8) "Ward" means an incapacitated person for whom the office has been appointed as
5787 guardian or conservator.
5788 Section 154. Section 26B-6-302, which is renumbered from Section 62A-14-103 is
5789 renumbered and amended to read:
5790 [
5791 (1) There is created within the department the Office of Public Guardian which has the
5792 powers and duties provided in this [
5793 (2) The office is under the administrative and general supervision of the executive
5794 director.
5795 Section 155. Section 26B-6-303, which is renumbered from Section 62A-14-104 is
5796 renumbered and amended to read:
5797 [
5798 Qualifications.
5799 (1) The director of the office shall be appointed by the executive director.
5800 (2) The director shall have a bachelor's degree from an accredited university or college,
5801 be experienced in administration, and be knowledgeable in matters concerning guardianship
5802 and conservatorship.
5803 (3) The director is the administrative head of the office.
5804 Section 156. Section 26B-6-304, which is renumbered from Section 62A-14-105 is
5805 renumbered and amended to read:
5806 [
5807 (1) The office shall:
5808 (a) develop and operate a statewide program to:
5809 (i) educate the public about the role and function of guardians and conservators;
5810 (ii) educate guardians and conservators on:
5811 (A) the duties of a guardian and a conservator; and
5812 (B) standards set by the National Guardianship Association for guardians and
5813 conservators; and
5814 (iii) serve as a guardian, conservator, or both for a ward upon appointment by a court
5815 when no other person is able and willing to do so and the office petitioned for or agreed in
5816 advance to the appointment;
5817 (b) possess and exercise all the powers and duties specifically given to the office by
5818 virtue of being appointed as guardian or conservator of a ward, including the power to access a
5819 ward's records;
5820 (c) review and monitor the personal and, if appropriate, financial status of each ward
5821 for whom the office has been appointed to serve as guardian or conservator;
5822 (d) train and monitor each employee and volunteer, and monitor each contract provider
5823 to whom the office has delegated a responsibility for a ward;
5824 (e) retain all court-delegated powers and duties for a ward;
5825 (f) report on the personal and financial status of a ward as required by a court in
5826 accordance with Title 75, Chapter 5, Protection of Persons Under Disability and Their
5827 Property;
5828 (g) handle a ward's funds in accordance with the department's trust account system;
5829 (h) request that the department's audit plan, established pursuant to Section 63I-5-401,
5830 include the requirement of an annual audit of all funds and property held by the office on behalf
5831 of wards;
5832 (i) maintain accurate records concerning each ward, the ward's property, and office
5833 services provided to the ward;
5834 (j) make reasonable and continuous efforts to find a family member, friend, or other
5835 person to serve as a ward's guardian or conservator;
5836 (k) after termination as guardian or conservator, distribute a ward's property in
5837 accordance with Title 75, Chapter 5, Protection of Persons Under Disability and Their
5838 Property; and
5839 (l) submit recommendations for changes in state law and funding to the governor and
5840 the Legislature and report to the governor and Legislature, upon request.
5841 (2) The office may:
5842 (a) petition a court pursuant to Title 75, Chapter 5, Protection of Persons Under
5843 Disability and Their Property, to be appointed an incapacitated person's guardian, conservator,
5844 or both after conducting a prepetition assessment under Section [
5845 (b) develop and operate a statewide program to recruit, train, supervise, and monitor
5846 volunteers to assist the office in providing guardian and conservator services;
5847 (c) delegate one or more responsibilities for a ward to an employee, volunteer, or
5848 contract provider, except as provided in Subsection [
5849 (d) solicit and receive private donations to provide guardian and conservator services
5850 under this [
5851 (e) adopt rules, in accordance with Title 63G, Chapter 3, Utah Administrative
5852 Rulemaking Act, to:
5853 (i) effectuate policy; and
5854 (ii) carry out the office's role as guardian and conservator of wards as provided in this
5855 chapter.
5856 Section 157. Section 26B-6-305, which is renumbered from Section 62A-14-107 is
5857 renumbered and amended to read:
5858 [
5859 (1) Before the office may file a petition in court to be appointed guardian or
5860 conservator of a person, the office shall:
5861 (a) conduct a face-to-face needs assessment, by someone other than a volunteer, to
5862 determine whether the person suffers from a mental or physical impairment that renders the
5863 person substantially incapable of:
5864 (i) caring for his personal safety;
5865 (ii) managing his financial affairs; or
5866 (iii) attending to and providing for such necessities as food, shelter, clothing, and
5867 medical care, to the extent that physical injury or illness may result;
5868 (b) assess the financial resources of the person based on information supplied to the
5869 office at the time of assessment;
5870 (c) inquire and, if appropriate, search to determine whether any other person may be
5871 willing and able to serve as the person's guardian or conservator; and
5872 (d) determine the form of guardianship or conservatorship to request of a court, if any,
5873 giving preference to the least intensive form of guardianship or conservatorship, consistent
5874 with the best interests of the person.
5875 (2) The office shall prepare an individualized guardianship or conservator plan for each
5876 ward within 60 days of appointment.
5877 Section 158. Section 26B-6-306, which is renumbered from Section 62A-14-108 is
5878 renumbered and amended to read:
5879 [
5880 (1) A person who desires to be an office volunteer shall:
5881 (a) possess demonstrated personal characteristics of honesty, integrity, compassion,
5882 and concern for incapacitated persons; and
5883 (b) upon request, submit information for a background check pursuant to Section
5884 26B-1-211.
5885 (2) An office volunteer may not receive compensation or benefits, but may be
5886 reimbursed by the office for expenses actually and reasonably incurred, consistent with Title
5887 67, Chapter 20, Volunteer Government Workers Act.
5888 (3) An office volunteer is immune from civil liability pursuant to Title 63G, Chapter 8,
5889 Immunity for Persons Performing Voluntary Services Act.
5890 Section 159. Section 26B-6-307, which is renumbered from Section 62A-14-109 is
5891 renumbered and amended to read:
5892 [
5893 (1) In accordance with Title 63G, Chapter 6a, Utah Procurement Code, the office may
5894 contract with one or more providers to perform guardian and conservator duties.
5895 (2) The office shall review and monitor the services provided by a contract provider to
5896 a ward for whom the office has been appointed guardian or conservator.
5897 Section 160. Section 26B-6-308, which is renumbered from Section 62A-14-110 is
5898 renumbered and amended to read:
5899 [
5900 (1) The office may not be appointed as the guardian or conservator of a person unless
5901 the office petitioned for or agreed in advance to the appointment.
5902 (2) Except as provided in Subsection (4), the court shall order the ward or the ward's
5903 estate to pay for the cost of services rendered under this chapter, including court costs and
5904 reasonable attorneys' fees.
5905 (3) If the office recovers attorneys' fees under Subsection (2), the office shall transmit
5906 those fees to the attorneys who represented the ward or the office in connection with the ward's
5907 case.
5908 (4) If a ward is indigent, the office shall provide guardian and conservator services free
5909 of charge and shall make reasonable efforts to secure pro bono legal services for the ward.
5910 (5) Under no circumstances may court costs or attorneys' fees be assessed to the office.
5911 Section 161. Section 26B-6-309, which is renumbered from Section 62A-14-111 is
5912 renumbered and amended to read:
5913 [
5914 (1) The attorney general shall advise the office on legal matters and represent the office
5915 in legal proceedings.
5916 (2) Upon the request of the attorney general, a county attorney may represent the office
5917 in connection with the filing of a petition for appointment as guardian or conservator of an
5918 incapacitated person and with routine, subsequent appearances.
5919 Section 162. Section 26B-6-401, which is renumbered from Section 62A-5-101 is
5920 renumbered and amended to read:
5921
5922 [
5923 As used in this [
5924 (1) "Approved provider" means a person approved by the division to provide
5925 home-based services.
5926 (2) "Board" means the Utah State Developmental Center Board created under Section
5927 [
5928 (3) (a) "Brain injury" means an acquired injury to the brain that is neurological in
5929 nature, including a cerebral vascular accident.
5930 (b) "Brain injury" does not include a deteriorating disease.
5931 (4) "Designated intellectual disability professional" means:
5932 (a) a psychologist licensed under Title 58, Chapter 61, Psychologist Licensing Act,
5933 who:
5934 (i) (A) has at least one year of specialized training in working with persons with an
5935 intellectual disability; or
5936 (B) has at least one year of clinical experience with persons with an intellectual
5937 disability; and
5938 (ii) is designated by the division as specially qualified, by training and experience, in
5939 the treatment of an intellectual disability; or
5940 (b) a clinical social worker, certified social worker, marriage and family therapist, or
5941 professional counselor, licensed under Title 58, Chapter 60, Mental Health Professional
5942 Practice Act, who:
5943 (i) has at least two years of clinical experience with persons with an intellectual
5944 disability; and
5945 (ii) is designated by the division as specially qualified, by training and experience, in
5946 the treatment of an intellectual disability.
5947 (5) "Deteriorating disease" includes:
5948 (a) multiple sclerosis;
5949 (b) muscular dystrophy;
5950 (c) Huntington's chorea;
5951 (d) Alzheimer's disease;
5952 (e) ataxia; or
5953 (f) cancer.
5954 (6) "Developmental center" means the Utah State Developmental Center, established in
5955 accordance with Part [
5956 (7) "Director" means the director of the Division of Services for People with
5957 Disabilities.
5958 (8) "Direct service worker" means a person who provides services to a person with a
5959 disability:
5960 (a) when the services are rendered in:
5961 (i) the physical presence of the person with a disability; or
5962 (ii) a location where the person rendering the services has access to the physical
5963 presence of the person with a disability; and
5964 (b) (i) under a contract with the division;
5965 (ii) under a grant agreement with the division; or
5966 (iii) as an employee of the division.
5967 (9) (a) "Disability" means a severe, chronic disability that:
5968 (i) is attributable to:
5969 (A) an intellectual disability;
5970 (B) a condition that qualifies a person as a person with a related condition, as defined
5971 in 42 C.F.R. Sec. 435.1010;
5972 (C) a physical disability; or
5973 (D) a brain injury;
5974 (ii) is likely to continue indefinitely;
5975 (iii) (A) for a condition described in Subsection (9)(a)(i)(A), (B), or (C), results in a
5976 substantial functional limitation in three or more of the following areas of major life activity:
5977 (I) self-care;
5978 (II) receptive and expressive language;
5979 (III) learning;
5980 (IV) mobility;
5981 (V) self-direction;
5982 (VI) capacity for independent living; or
5983 (VII) economic self-sufficiency; or
5984 (B) for a condition described in Subsection (9)(a)(i)(D), results in a substantial
5985 limitation in three or more of the following areas:
5986 (I) memory or cognition;
5987 (II) activities of daily life;
5988 (III) judgment and self-protection;
5989 (IV) control of emotions;
5990 (V) communication;
5991 (VI) physical health; or
5992 (VII) employment; and
5993 (iv) requires a combination or sequence of special interdisciplinary or generic care,
5994 treatment, or other services that:
5995 (A) may continue throughout life; and
5996 (B) must be individually planned and coordinated.
5997 (b) "Disability" does not include a condition due solely to:
5998 (i) mental illness;
5999 (ii) personality disorder;
6000 (iii) deafness or being hard of hearing;
6001 (iv) visual impairment;
6002 (v) learning disability;
6003 (vi) behavior disorder;
6004 (vii) substance abuse; or
6005 (viii) the aging process.
6006 (10) "Division" means the Division of Services for People with Disabilities.
6007 (11) "Eligible to receive division services" or "eligibility" means qualification, based
6008 on criteria established by the division, to receive services that are administered by the division.
6009 (12) "Endorsed program" means a facility or program that:
6010 (a) is operated:
6011 (i) by the division; or
6012 (ii) under contract with the division; or
6013 (b) provides services to a person committed to the division under Part [
6014 to an Intermediate Care Facility for People with an Intellectual Disability.
6015 (13) "Licensed physician" means:
6016 (a) an individual licensed to practice medicine under:
6017 (i) Title 58, Chapter 67, Utah Medical Practice Act; or
6018 (ii) Title 58, Chapter 68, Utah Osteopathic Medical Practice Act; or
6019 (b) a medical officer of the United States Government while in this state in the
6020 performance of official duties.
6021 (14) "Limited support services" means services that are administered by the division to
6022 individuals with a disability:
6023 (a) under a waiver authorized under 42 U.S.C. Sec. 1396n(c) by the Centers for
6024 Medicare and Medicaid Services that permits the division to limit services to an individual who
6025 is eligible to receive division services; and
6026 (b) through a program that:
6027 (i) was not operated by the division on or before January 1, 2020; and
6028 (ii) (A) limits the kinds of services that an individual may receive; or
6029 (B) sets a maximum total dollar amount for program services provided to each
6030 individual.
6031 (15) "Physical disability" means a medically determinable physical impairment that has
6032 resulted in the functional loss of two or more of a person's limbs.
6033 (16) "Public funds" means state or federal funds that are disbursed by the division.
6034 (17) "Resident" means an individual under observation, care, or treatment in an
6035 intermediate care facility for people with an intellectual disability.
6036 (18) "Sustainability fund" means the Utah State Developmental Center Long-Term
6037 Sustainability Fund created in Section [
6038 Section 163. Section 26B-6-402, which is renumbered from Section 62A-5-102 is
6039 renumbered and amended to read:
6040 [
6041 Creation -- Authority -- Direction -- Provision of services.
6042 (1) There is created within the department the Division of Services for People with
6043 Disabilities, under the administrative direction of the executive director of the department.
6044 (2) In accordance with this [
6045 deliver an appropriate array of services and supports to persons with disabilities and their
6046 families in this state.
6047 (3) Within appropriations from the Legislature, the division shall provide services to
6048 any individual with a disability who is eligible to receive division services.
6049 (4) (a) Except as provided in Subsection (4)(c), any new appropriations designated to
6050 serve eligible individuals waiting for services from the division shall be allocated, as
6051 determined by the division by rule based on the:
6052 (i) severity of the disability;
6053 (ii) urgency of the need for services;
6054 (iii) ability of a parent or guardian to provide the individual with appropriate care and
6055 supervision; and
6056 (iv) length of time during which the individual has not received services from the
6057 division.
6058 (b) Funds from Subsection (4)(a) that are not spent by the division at the end of the
6059 fiscal year may be used as set forth in Subsection (7).
6060 (c) Subsections (4)(a) and (b) do not apply to any new appropriations designated to
6061 provide limited support services.
6062 (5) The division:
6063 (a) has the functions, powers, duties, rights, and responsibilities described in Section
6064 [
6065 (b) is authorized to work in cooperation with other state, governmental, and private
6066 agencies to carry out the responsibilities described in Subsection (5)(a).
6067 (6) Within appropriations authorized by the Legislature, and to the extent allowed
6068 under Title XIX of the Social Security Act, the division shall ensure that the services and
6069 support that the division provides to an individual with a disability:
6070 (a) are provided in the least restrictive and most enabling environment;
6071 (b) ensure opportunities to access employment; and
6072 (c) enable reasonable personal choice in selecting services and support that:
6073 (i) best meet individual needs; and
6074 (ii) promote:
6075 (A) independence;
6076 (B) productivity; and
6077 (C) integration in community life.
6078 (7) (a) Appropriations to the division are nonlapsing.
6079 (b) After an individual stops receiving services under this section, the division shall use
6080 the funds that paid for the individual's services to provide services under this section to another
6081 eligible individual in an intermediate care facility transitioning to division services, if the funds
6082 were allocated under a program established under Section [
6083 individuals with intellectual disabilities from an intermediate care facility.
6084 (c) Except as provided in Subsection (7)(b), if an individual receiving services under
6085 Subsection (4)(a) ceases to receive those services, the division shall use the funds that were
6086 allocated to that individual to provide services to another eligible individual waiting for
6087 services as described in Subsection (4)(a).
6088 (d) Funds unexpended by the division at the end of the fiscal year may be used only for
6089 one-time expenditures unless otherwise authorized by the Legislature.
6090 (e) A one-time expenditure under this section:
6091 (i) is not an entitlement;
6092 (ii) may be withdrawn at any time; and
6093 (iii) may provide short-term, limited services, including:
6094 (A) respite care;
6095 (B) service brokering;
6096 (C) family skill building and preservation classes;
6097 (D) after school group services; and
6098 (E) other professional services.
6099 Section 164. Section 26B-6-403, which is renumbered from Section 62A-5-103 is
6100 renumbered and amended to read:
6101 [
6102 (1) For purposes of this section "administer" means to:
6103 (a) plan;
6104 (b) develop;
6105 (c) manage;
6106 (d) monitor; and
6107 (e) conduct certification reviews.
6108 (2) The division has the authority and responsibility to:
6109 (a) administer an array of services and supports for persons with disabilities and their
6110 families throughout the state;
6111 (b) make rules in accordance with Title 63G, Chapter 3, Utah Administrative
6112 Rulemaking Act, that establish eligibility criteria for the services and supports described in
6113 Subsection (2)(a);
6114 (c) consistent with Section [
6115 facilities of the Developmental Center;
6116 (d) in order to enhance the quality of life for a person with a disability, establish either
6117 directly, or by contract with private, nonprofit organizations, programs of:
6118 (i) outreach;
6119 (ii) information and referral;
6120 (iii) prevention;
6121 (iv) technical assistance; and
6122 (v) public awareness;
6123 (e) supervise the programs and facilities operated by, or under contract with, the
6124 division;
6125 (f) cooperate with other state, governmental, and private agencies that provide services
6126 to a person with a disability;
6127 (g) subject to Subsection (3), ensure that a person with a disability is not deprived of
6128 that person's constitutionally protected rights without due process procedures designed to
6129 minimize the risk of error when a person with a disability is admitted to an intermediate care
6130 facility for people with an intellectual disability, including:
6131 (i) the developmental center; and
6132 (ii) facilities within the community;
6133 (h) determine whether to approve providers;
6134 (i) monitor and sanction approved providers, as specified in the providers' contract;
6135 (j) subject to Section [
6136 (k) review financial actions of a provider who is a representative payee appointed by
6137 the Social Security Administration;
6138 (l) establish standards and rules for the administration and operation of programs
6139 conducted by, or under contract with, the division;
6140 (m) approve and monitor division programs to insure compliance with the board's rules
6141 and standards;
6142 (n) establish standards and rules necessary to fulfill the division's responsibilities under
6143 Part [
6144 Facility for People with an Intellectual Disability, with regard to an intermediate care facility
6145 for people with an intellectual disability;
6146 (o) assess and collect equitable fees for a person who receives services provided under
6147 this chapter;
6148 (p) maintain records of, and account for, the funds described in Subsection (2)(o);
6149 (q) establish and apply rules to determine whether to approve, deny, or defer the
6150 division's services to a person who is:
6151 (i) applying to receive the services; or
6152 (ii) currently receiving the services;
6153 (r) in accordance with state law, establish rules:
6154 (i) relating to an intermediate care facility for people with an intellectual disability that
6155 is an endorsed program; and
6156 (ii) governing the admission, transfer, and discharge of a person with a disability;
6157 (s) manage funds for a person residing in a facility operated by the division:
6158 (i) upon request of a parent or guardian of the person; or
6159 (ii) under administrative or court order; and
6160 (t) fulfill the responsibilities described in [
6161
6162 (3) The due process procedures described in Subsection (2)(g):
6163 (a) shall include initial and periodic reviews to determine the constitutional
6164 appropriateness of the placement; and
6165 (b) with regard to facilities in the community, do not require commitment to the
6166 division.
6167 Section 165. Section 26B-6-404, which is renumbered from Section 62A-5-104 is
6168 renumbered and amended to read:
6169 [
6170 (1) The director of the division shall be appointed by the executive director.
6171 (2) The director shall have a bachelor's degree from an accredited university or college,
6172 be experienced in administration, and be knowledgeable in developmental disabilities,
6173 intellectual disabilities, and other disabilities.
6174 (3) The director is the administrative head of the division.
6175 (4) The director shall appoint the superintendent of the developmental center and the
6176 necessary and appropriate administrators for other facilities operated by the division with the
6177 concurrence of the executive director.
6178 Section 166. Section 26B-6-405, which is renumbered from Section 62A-5-105 is
6179 renumbered and amended to read:
6180 [
6181 (1) The division shall establish its rules in accordance with:
6182 (a) the policy of the Legislature as set forth by this [
6183 (b) Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
6184 (2) The division shall:
6185 (a) establish program policy for the division, the developmental center, and programs
6186 and facilities operated by or under contract with the division;
6187 (b) establish rules for the assessment and collection of fees for programs within the
6188 division;
6189 (c) no later than July 1, 2003, establish a graduated fee schedule based on ability to pay
6190 and implement the schedule with respect to service recipients and their families where not
6191 otherwise prohibited by federal law or regulation or not otherwise provided for in Section
6192 [
6193 (d) establish procedures to ensure that private citizens, consumers, private contract
6194 providers, allied state and local agencies, and others are provided with an opportunity to
6195 comment and provide input regarding any new policy or proposed revision to an existing
6196 policy;
6197 (e) provide a mechanism for systematic and regular review of existing policy and for
6198 consideration of policy changes proposed by the persons and agencies described under
6199 Subsection (2)(d);
6200 (f) establish and periodically review the criteria used to determine who may receive
6201 services from the division and how the delivery of those services is prioritized within available
6202 funding;
6203 (g) review implementation and compliance by the division with policies established by
6204 the board to ensure that the policies established by the Legislature in this chapter are carried
6205 out; and
6206 (h) annually report to the executive director.
6207 (3) The executive director shall mediate any differences which arise between the
6208 policies of the division and those of any other policy board or division in the department.
6209 Section 167. Section 26B-6-406, which is renumbered from Section 62A-5-106 is
6210 renumbered and amended to read:
6211 [
6212 Nothing in this part shall be construed to supersede or limit the authority granted by law
6213 to any other state agency. If any provision of this part, or the application of any provision to
6214 the person or circumstance, is held invalid, the remainder of this part shall not be affected.
6215 Section 168. Section 26B-6-407, which is renumbered from Section 62A-5-103.1 is
6216 renumbered and amended to read:
6217 [
6218 services.
6219 (1) There is established a program for the provision of supported employment services
6220 to be administered by the division.
6221 (2) The division shall make rules, in accordance with Title 63G, Chapter 3, Utah
6222 Administrative Rulemaking Act, as necessary for the implementation and administration of the
6223 program described in this section.
6224 (3) In accordance with Subsection (4), within funds appropriated by the Legislature for
6225 the program described in this section, the division shall provide supported employment
6226 services to a person with a disability who:
6227 (a) is eligible to receive services from the division;
6228 (b) has applied for, and is waiting to, receive services from the division;
6229 (c) is not receiving other ongoing services from the division;
6230 (d) is not able to receive sufficient supported employment services from other sources;
6231 (e) the division determines would substantially benefit from the provision of supported
6232 employment services; and
6233 (f) does not require the provision of other ongoing services from the division in order
6234 to substantially benefit from the provision of supported employment services.
6235 (4) (a) The division shall provide supported employment services under this section
6236 outside of the prioritization criteria established by the division for the receipt of other services
6237 from the division.
6238 (b) The division shall establish criteria to determine the priority, between persons
6239 eligible for services under this section, for receiving services under this section.
6240 (5) It is the intent of the Legislature that the services provided under the program
6241 described in this section:
6242 (a) shall be provided separately from the Medicaid program described in Title XIX of
6243 the Social Security Act;
6244 (b) may not be supported with Medicaid funds;
6245 (c) may not be provided as part of a Medicaid waiver;
6246 (d) do not constitute an entitlement of any kind; and
6247 (e) may be withdrawn from a person at any time.
6248 [
6249
6250
6251 Section 169. Section 26B-6-408, which is renumbered from Section 62A-5-103.2 is
6252 renumbered and amended to read:
6253 [
6254 Preservation Services.
6255 (1) There is established a pilot program for the provision of family preservation
6256 services to a person with a disability and that person's family, beginning on July 1, 2007, and
6257 ending on July 1, 2009.
6258 (2) The family preservation services described in Subsection (1) may include:
6259 (a) family skill building classes;
6260 (b) respite hours for class attendance; or
6261 (c) professional intervention.
6262 (3) The division shall make rules, in accordance with Title 63G, Chapter 3, Utah
6263 Administrative Rulemaking Act, as necessary for the implementation and administration of this
6264 section.
6265 (4) In accordance with Subsection (5), within funds appropriated by the Legislature for
6266 the pilot program described in this section, the division shall provide family preservation
6267 services to a person with a disability, and that person's family, if that person:
6268 (a) is eligible to receive services from the division;
6269 (b) has applied for, and is willing to receive, services from the division;
6270 (c) is not receiving other ongoing services from the division;
6271 (d) is not able to receive sufficient family preservation services from other sources;
6272 (e) is determined by the division to be a person who would substantially benefit from
6273 the provision of family preservation services; and
6274 (f) does not require the provision of other ongoing services from the division in order
6275 to substantially benefit from the provision of family preservation services.
6276 (5) (a) The division shall provide family preservation services under this section
6277 outside of the prioritization criteria established by the division for the receipt of other services
6278 from the division.
6279 (b) The division shall establish criteria to determine the priority, between persons
6280 eligible for services under this section, for receiving services under this section.
6281 (6) It is the intent of the Legislature that the services provided under the pilot program
6282 described in this section:
6283 (a) shall be provided separately from the Medicaid program described in Title XIX of
6284 the Social Security Act;
6285 (b) may not be supported with Medicaid funds;
6286 (c) may not be provided as part of a Medicaid waiver;
6287 (d) do not constitute an entitlement of any kind; and
6288 (e) may be withdrawn from a person at any time.
6289 Section 170. Section 26B-6-409, which is renumbered from Section 62A-5-103.3 is
6290 renumbered and amended to read:
6291 [
6292 services.
6293 (1) When providing services to a person with a disability under this chapter, the
6294 division shall, within funds appropriated by the Legislature and in accordance with the
6295 requirements of federal and state law, give priority to providing services that assist the person
6296 in obtaining and retaining meaningful and gainful employment that enables the person to:
6297 (a) purchase goods and services;
6298 (b) establish self-sufficiency; and
6299 (c) exercise economic control of the person's life.
6300 (2) The division shall develop a written plan to implement the policy described in
6301 Subsection (1) that includes:
6302 (a) assessing the strengths and needs of a person with a disability;
6303 (b) customizing strength-based approaches to obtaining employment;
6304 (c) expecting, encouraging, providing, and rewarding:
6305 (i) integrated employment in the workplace at competitive wages and benefits; and
6306 (ii) self-employment;
6307 (d) developing partnerships with potential employers;
6308 (e) maximizing appropriate employment training opportunities;
6309 (f) coordinating services with other government agencies and community resources;
6310 (g) to the extent possible, eliminating practices and policies that interfere with the
6311 policy described in Subsection (1); and
6312 (h) arranging sub-minimum wage work or volunteer work when employment at market
6313 rates cannot be obtained.
6314 (3) The division shall, on an annual basis:
6315 (a) set goals to implement the policy described in Subsection (1) and the plan described
6316 in Subsection (2);
6317 (b) determine whether the goals for the previous year have been met; and
6318 (c) modify the plan described in Subsection (2) as needed.
6319 Section 171. Section 26B-6-410, which is renumbered from Section 62A-5-103.5 is
6320 renumbered and amended to read:
6321 [
6322 a direct service worker.
6323 (1) For purposes of this section, "office" means the same as that term is defined in
6324 Section [
6325 (2) Public funds may not be disbursed to pay a direct service worker for personal
6326 services rendered to a person unless the office approves the direct service worker to have direct
6327 access and provide services to a child or a vulnerable adult pursuant to Section [
6328 26B-2-120.
6329 (3) For purposes of Subsection (2), the office shall conduct a background check of a
6330 direct service worker:
6331 (a) before public funds are disbursed to pay the direct service worker for the personal
6332 services described in Subsection (2); and
6333 (b) using the same procedures established for a background check of an applicant for a
6334 license under Section [
6335 (4) A child who is in the legal custody of the department or any of the department's
6336 divisions may not be placed with a direct service worker unless, before the child is placed with
6337 the direct service worker, the direct service worker passes a background check, pursuant to the
6338 requirements of Subsection [
6339 (5) If a public transit district, as described in Title 17B, Chapter 2a, Part 8, Public
6340 Transit District Act, contracts with the division to provide services:
6341 (a) the provisions of this section are not applicable to a direct service worker employed
6342 by the public transit district; and
6343 (b) the division may not reimburse the public transit district for services provided
6344 unless a direct service worker hired or transferred internally after July 1, 2013, by the public
6345 transit district to drive a paratransit route:
6346 (i) is approved by the office to have direct access to children and vulnerable adults in
6347 accordance with Section [
6348 (ii) is subject to a background check established in a statute or rule governing a public
6349 transit district or other public transit district policy.
6350 Section 172. Section 26B-6-411, which is renumbered from Section 62A-5-109 is
6351 renumbered and amended to read:
6352 [
6353 Guardian liable for costs.
6354 (1) Parents of a person who receives services or support from the division, who are
6355 financially responsible, are liable for the cost of the actual care and maintenance of that person
6356 and for the support of the child in accordance with Title 78B, Chapter 12, Utah Child Support
6357 Act, and [
6358 person reaches 18 years of age.
6359 (2) A guardian of a person who receives services or support from the division is liable
6360 for the cost of actual care and maintenance of that person, regardless of his age, where funds
6361 are available in the guardianship estate established on his behalf for that purpose. However, if
6362 the person who receives services is a beneficiary of a trust created in accordance with Section
6363 [
6364 described in that section, the trust income prior to distribution to the beneficiary, and the trust
6365 principal are not subject to payment for services or support for that person.
6366 (3) If, at the time a person who receives services or support from the division is
6367 discharged from a facility or program owned or operated by or under contract with the division,
6368 or after the death and burial of a resident of the developmental center, there remains in the
6369 custody of the division or the superintendent any money paid by a parent or guardian for the
6370 support or maintenance of that person, it shall be repaid upon demand.
6371 Section 173. Section 26B-6-412, which is renumbered from Section 62A-5-110 is
6372 renumbered and amended to read:
6373 [
6374 disability -- Impact on state services.
6375 (1) For purposes of this section:
6376 (a) "Discretionary trust for an individual with a disability" means a trust:
6377 (i) that is established for the benefit of an individual who, at the time the trust is
6378 created, is under age 65 and has a disability, as defined in 42 U.S.C. Sec. 1382c;
6379 (ii) under which the trustee has discretionary power to determine distributions;
6380 (iii) under which the individual may not control or demand payments unless an abuse
6381 of the trustee's duties or discretion is shown;
6382 (iv) that contains the assets of the individual and is established for the benefit of the
6383 individual by the individual, a court, or a parent, grandparent, or legal guardian of the
6384 individual;
6385 (v) that is irrevocable, except that the trust document may provide that the trust be
6386 terminated if the individual no longer has a disability, as defined in 42 U.S.C. Sec. 1382c;
6387 (vi) that is invalid as to any portion funded by property that is or may be subject to a
6388 lien by the state; and
6389 (vii) that provides that, upon the death of the individual, the state will receive all
6390 amounts remaining in the trust, up to an amount equal to the total medical assistance paid on
6391 behalf of the individual.
6392 (b) "Medical assistance" means the same as that term is defined in Section [
6393 26B-3-101.
6394 (2) A state agency providing services or support to an individual with a disability may:
6395 (a) waive application of Subsection (1)(a)(v) with respect to that individual if the state
6396 agency determines that application of the criteria would place an undue hardship upon that
6397 individual; and
6398 (b) define, by rule, what constitutes "undue hardship" for purposes of this section.
6399 (3) A discretionary trust for an individual with a disability is not liable for
6400 reimbursement or payment to the state or any state agency, for financial aid or services
6401 provided to that individual except:
6402 (a) to the extent that the trust property has been distributed directly to or is otherwise
6403 under the control of the beneficiary with a disability; or
6404 (b) as provided in Subsection (1)(a)(vi).
6405 (4) Property, goods, and services that are purchased or owned by a discretionary trust
6406 for an individual with a disability and that are used or consumed by a beneficiary with a
6407 disability shall not be considered trust property that is distributed to or under the control of the
6408 beneficiary.
6409 (5) The benefits that an individual with a disability is otherwise legally entitled to may
6410 not be reduced, impaired, or diminished in any way because of contribution to a discretionary
6411 trust for that individual.
6412 (6) All state agencies shall disregard a discretionary trust for an individual with a
6413 disability as a resource when determining eligibility for services or support except as, and only
6414 to the extent that it is otherwise prohibited by federal law.
6415 (7) This section applies to all discretionary trusts that meet the requirements contained
6416 in Subsection (1) created before, on, or after July 1, 1994.
6417 Section 174. Section 26B-6-413, which is renumbered from Section 62A-5-402 is
6418 renumbered and amended to read:
6419 [
6420 Principles -- Services for individuals younger than 11 years old.
6421 (1) The purpose of this section is to provide support to families in their role as primary
6422 caregivers for family members with disabilities.
6423 [
6424 services and supports that best suit their needs and preferences, the division shall, within
6425 appropriations from the Legislature, provide services and supports under this part by giving
6426 direct financial assistance to the parent or guardian of a person with a disability who resides at
6427 home.
6428 (b) The dollar value of direct financial assistance is determined by the division based
6429 on:
6430 (i) appropriations from the Legislature; and
6431 (ii) the needs of the person with a disability.
6432 (c) In determining whether to provide direct financial assistance to the family, the
6433 division shall consider:
6434 (i) the family's preference; and
6435 (ii) the availability of approved providers in the area where the family resides.
6436 (d) If the division provides direct financial assistance, the division:
6437 (i) shall require the family to account for the use of that financial assistance; and
6438 (ii) shall tell the person with a disability or the person's parent or guardian how long the
6439 direct financial assistance is intended to provide services and supports before additional direct
6440 financial assistance is issued.
6441 (e) Except for eligibility determination services directly connected to the provision of
6442 direct financial assistance, service coordination is not provided under this part by the division
6443 unless the person with a disability or the person's parent or guardian uses the direct financial
6444 assistance to purchase such services.
6445 [
6446 care for family members with disabilities:
6447 (a) all children, regardless of disability, should reside in a family-like environment;
6448 (b) families should receive the support they need to care for their children at home;
6449 (c) services should:
6450 (i) focus on the person with a disability;
6451 (ii) take into consideration the family of the person described in Subsection [
6452 (3)(c)(i);
6453 (iii) be sensitive to the unique needs, preferences, and strengths of individual families;
6454 and
6455 (iv) complement and reinforce existing sources of help and support that are available to
6456 each family.
6457 (4) Except as provided in Subsection (5), after June 30, 1996, the division may not
6458 provide residential services to persons with disabilities who are under 11 years of age.
6459 (5) The prohibition of Subsection (4) does not include residential services that are
6460 provided:
6461 (a) for persons in the custody of the Division of Child and Family Services;
6462 (b) under a plan for home-based services, including respite and temporary residential
6463 care or services provided by a professional parent under contract with the division; or
6464 (c) after a written finding by the director that out-of-home residential placement is the
6465 most appropriate way to meet the needs of the person with disabilities and his family.
6466 Section 175. Section 26B-6-501 is enacted to read:
6467
6468 26B-6-501. Definitions.
6469 The definitions in Section 26B-6-401 apply to this part.
6470 Section 176. Section 26B-6-502, which is renumbered from Section 62A-5-201 is
6471 renumbered and amended to read:
6472 [
6473 (1) The intermediate care facility for people with an intellectual disability located in
6474 American Fork City, Utah County, shall be known as the "Utah State Developmental Center."
6475 (2) Within appropriations authorized by the Legislature, the role and function of the
6476 developmental center is to:
6477 (a) provide care, services, and treatment to persons described in Subsection (3); and
6478 (b) provide the following services and support to persons with disabilities who do not
6479 reside at the developmental center:
6480 (i) psychiatric testing;
6481 (ii) specialized medical treatment and evaluation;
6482 (iii) specialized dental treatment and evaluation;
6483 (iv) family and client special intervention;
6484 (v) crisis management;
6485 (vi) occupational, physical, speech, and audiology services; and
6486 (vii) professional services, such as education, evaluation, and consultation, for families,
6487 public organizations, providers of community and family support services, and courts.
6488 (3) Except as provided in Subsection (6), within appropriations authorized by the
6489 Legislature, and notwithstanding the provisions of Part [
6490 Care Facility for People with an Intellectual Disability, only the following persons may be
6491 residents of, be admitted to, or receive care, services, or treatment at the developmental center:
6492 (a) persons with an intellectual disability;
6493 (b) persons who receive services and supports under Subsection (2)(b); and
6494 (c) persons who require at least one of the following services from the developmental
6495 center:
6496 (i) continuous medical care;
6497 (ii) intervention for conduct that is dangerous to self or others; or
6498 (iii) temporary residential assessment and evaluation.
6499 (4) (a) Except as provided in Subsection (6), the division shall, in the division's
6500 discretion:
6501 (i) place residents from the developmental center into appropriate less restrictive
6502 placements; and
6503 (ii) determine each year the number to be placed based upon the individual assessed
6504 needs of the residents.
6505 (b) The division shall confer with parents and guardians to ensure the most appropriate
6506 placement for each resident.
6507 (5) Except as provided in Subsection (7), within appropriations authorized by the
6508 Legislature, and notwithstanding the provisions of Subsection (3) and Part [
6509 an Intermediate Care Facility for People with an Intellectual Disability, a person who is under
6510 18 years of age may be a resident of, admitted to, or receive care, services, or treatment at the
6511 developmental center only if the director certifies in writing that the developmental center is
6512 the most appropriate placement for that person.
6513 (6) (a) If the division determines, pursuant to Utah's Community Supports Waiver for
6514 Individuals with Intellectual Disabilities and Other Related Conditions, that a person who
6515 otherwise qualifies for placement in an intermediate care facility for people with an intellectual
6516 disability should receive services in a home or community-based setting, the division shall:
6517 (i) if the person does not have a legal representative or legal guardian:
6518 (A) inform the person of any feasible alternatives under the waiver; and
6519 (B) give the person the choice of being placed in an intermediate care facility for
6520 people with an intellectual disability or receiving services in a home or community-based
6521 setting; or
6522 (ii) if the person has a legal representative or legal guardian:
6523 (A) inform the legal representative or legal guardian of any feasible alternatives under
6524 the waiver; and
6525 (B) give the legal representative or legal guardian the choice of having the person
6526 placed in an intermediate care facility for people with an intellectual disability or receiving
6527 services in a home or community-based setting.
6528 (b) If a person chooses, under Subsection (6)(a)(i), to be placed in an intermediate care
6529 facility for people with an intellectual disability instead of receiving services in a home or
6530 community-based setting, the division shall:
6531 (i) ask the person whether the person prefers to be placed in the developmental center
6532 rather than a private intermediate care facility for people with an intellectual disability; and
6533 (ii) if the person expresses a preference to be placed in the developmental center:
6534 (A) place the person in the developmental center if the cost of placing the person in the
6535 developmental center is equal to, or less than, the cost of placing the person in a private
6536 intermediate care facility for people with an intellectual disability; or
6537 (B) (I) strongly consider the person's preference to be placed in the developmental
6538 center if the cost of placing the person in the developmental center exceeds the cost of placing
6539 the person in a private intermediate care facility for people with an intellectual disability; and
6540 (II) place the person in the developmental center or a private intermediate care facility
6541 for people with an intellectual disability.
6542 (c) If a legal representative or legal guardian chooses, under Subsection (6)(a)(ii), to
6543 have the person placed in an intermediate care facility for people with an intellectual disability
6544 instead of receiving services in a home or community-based setting, the division shall:
6545 (i) ask the legal representative or legal guardian whether the legal representative or
6546 legal guardian prefers to have the person placed in the developmental center rather than a
6547 private intermediate care facility for people with an intellectual disability; and
6548 (ii) if the legal representative or legal guardian expresses a preference to have the
6549 person placed in the developmental center:
6550 (A) place the person in the developmental center if the cost of placing the person in the
6551 developmental center is equal to, or less than, the cost of placing the person in a private
6552 intermediate care facility for people with an intellectual disability; or
6553 (B) (I) strongly consider the legal representative's or legal guardian's preference for the
6554 person's placement if the cost of placing the person in the developmental center exceeds the
6555 cost of placing the person in a private intermediate care facility for people with an intellectual
6556 disability; and
6557 (II) place the person in the developmental center or a private intermediate care facility
6558 for people with an intellectual disability.
6559 (7) The certification described in Subsection (5) is not required for a person who
6560 receives services and support under Subsection (2)(b).
6561 Section 177. Section 26B-6-503, which is renumbered from Section 62A-5-202 is
6562 renumbered and amended to read:
6563 [
6564 The programs and facilities of the developmental center are within the division, and
6565 under the policy direction of the division.
6566 Section 178. Section 26B-6-504, which is renumbered from Section 62A-5-203 is
6567 renumbered and amended to read:
6568 [
6569 developmental center buildings and grounds.
6570 (1) The division shall operate, maintain, and repair the buildings, grounds, and physical
6571 properties of the developmental center. However, the roads and driveways on the grounds of
6572 the developmental center shall be maintained by the Department of Transportation.
6573 (2) The division has authority to make improvements to the buildings, grounds, and
6574 physical properties of the developmental center, as it deems necessary for the care and safety of
6575 the residents.
6576 Section 179. Section 26B-6-505, which is renumbered from Section 62A-5-205 is
6577 renumbered and amended to read:
6578 [
6579 children at developmental center.
6580 (1) The State Board of Education is responsible for the education of school-aged
6581 children at the developmental center.
6582 (2) In order to fulfill its responsibility under Subsection (1), the State Board of
6583 Education shall, where feasible, contract with local school districts or other appropriate
6584 agencies to provide educational and related administrative services.
6585 (3) Medical, residential, and other services that are not the responsibility of the State
6586 Board of Education or other state agencies are the responsibility of the division.
6587 Section 180. Section 26B-6-506, which is renumbered from Section 62A-5-206 is
6588 renumbered and amended to read:
6589 [
6590 The powers and duties of the division, with respect to the developmental center are as
6591 follows:
6592 (1) to establish rules, not inconsistent with law, for the government of the
6593 developmental center;
6594 (2) to establish rules governing the admission and discharge of persons with an
6595 intellectual disability in accordance with state law;
6596 (3) to employ necessary medical and other professional personnel to assist in
6597 establishing rules relating to the developmental center and to the treatment and training of
6598 persons with an intellectual disability at the center;
6599 (4) to transfer a person who has been committed to the developmental center under
6600 Part [
6601 Disability, to any other facility or program operated by or under contract with the division, after
6602 careful evaluation of the treatment needs of that person, if the facilities or programs available
6603 meet the needs indicated, and if transfer would be in the best interest of that person. A person
6604 transferred shall remain under the jurisdiction of the division;
6605 (5) the developmental center may receive a person who meets the requirements of
6606 Subsection [
6607 contract with the division, after careful evaluation of the treatment needs of that person, if the
6608 facility or programs of the developmental center meet those needs, and if transfer would be in
6609 the best interest of that person. A person so received by the developmental center remains
6610 under the jurisdiction of the division;
6611 (6) to manage funds for a person residing in the developmental center, upon request by
6612 that person's parent or guardian, or upon administrative or court order;
6613 (7) to charge and collect a fair and equitable fee from developmental center residents,
6614 parents who have the ability to pay, or guardians where funds for that purpose are available;
6615 and
6616 (8) supervision and administration of security responsibilities for the developmental
6617 center is vested in the division. The executive director may designate, as special function
6618 officers, individuals to perform special security functions for the developmental center that
6619 require peace officer authority. Those special function officers may not become or be
6620 designated as members of the Public Safety Retirement System.
6621 Section 181. Section 26B-6-507, which is renumbered from Section 62A-5-206.6 is
6622 renumbered and amended to read:
6623 [
6624 rights.
6625 (1) As used in this section, "long-term lease" means:
6626 (a) a lease with a term of five years or more; or
6627 (b) a lease with a term of less than five years that may be unilaterally renewed by the
6628 lessee.
6629 (2) (a) Notwithstanding Section 65A-4-1, any sale, long-term lease, or other disposition
6630 of real property, water rights, or water shares associated with the developmental center shall be
6631 conducted as provided in this Subsection (2).
6632 (b) The board shall:
6633 (i) approve the sale, long-term lease, or other disposition of real property, water rights,
6634 or water shares associated with the developmental center;
6635 (ii) secure the approval of the Legislature before offering the real property, water
6636 rights, or water shares for sale, long-term lease, or other disposition; and
6637 (iii) if the Legislature's approval is secured, as described in Subsection (2)(b)(ii), direct
6638 the Division of Facilities Construction and Management to convey, lease, or dispose of the real
6639 property, water rights, or water shares associated with the developmental center according to
6640 the board's determination.
6641 Section 182. Section 26B-6-508, which is renumbered from Section 62A-5-207 is
6642 renumbered and amended to read:
6643 [
6644 The superintendent of the developmental center, appointed in accordance with
6645 Subsection [
6646 university or college, be experienced in administration, and be knowledgeable in
6647 developmental disabilities and intellectual disability.
6648 Section 183. Section 26B-6-509, which is renumbered from Section 62A-5-208 is
6649 renumbered and amended to read:
6650 [
6651 The chief administrative officer of the developmental center is the superintendent, and
6652 has the following powers and duties:
6653 (1) to manage the developmental center and administer the division's rules governing
6654 the developmental center;
6655 (2) to hire, control, and remove all employees, and to fix their compensation according
6656 to state law; and
6657 (3) with the approval of the division, to make any expenditures necessary in the
6658 performance of his duties.
6659 Section 184. Section 26B-6-510, which is renumbered from Section 62A-5-211 is
6660 renumbered and amended to read:
6661 [
6662 The superintendent of the developmental center shall provide to the Health and Human
6663 Services Interim Committee an annual report that contains:
6664 (1) a statewide assessment of resources that provide dental services for individuals
6665 with intellectual disabilities;
6666 (2) an accounting of the funds appropriated to provide specialized dental treatment and
6667 evaluation under Subsection [
6668 individuals served and the services provided; and
6669 (3) the progress toward the establishment of a financially independent dental clinic
6670 that:
6671 (a) has a full-time dentist who has specialized training to treat an individual with an
6672 intellectual disability; and
6673 (b) has the facility, equipment, and staff necessary to legally and safely perform dental
6674 procedures and examinations and to administer general anesthesia.
6675 Section 185. Section 26B-6-601 is enacted to read:
6676
6677
6678 26B-6-601. Definitions.
6679 The definitions in Section 26B-6-401 apply to this part.
6680 Section 186. Section 26B-6-602, which is renumbered from Section 62A-5-302 is
6681 renumbered and amended to read:
6682 [
6683 The division is responsible:
6684 (1) for the supervision, care, and treatment of persons with an intellectual disability in
6685 this state who are committed to the division's jurisdiction under the provisions of this part; and
6686 (2) to evaluate and determine the most appropriate, least restrictive setting for an
6687 individual with an intellectual disability.
6688 Section 187. Section 26B-6-603, which is renumbered from Section 62A-5-305 is
6689 renumbered and amended to read:
6690 [
6691 person to another state.
6692 (1) A person with an intellectual disability who has a parent or guardian residing in this
6693 state may be admitted to an intermediate care facility for people with an intellectual disability
6694 in accordance with the provisions of this part.
6695 (2) If a person with an intellectual disability enters Utah from another state, the
6696 division may have that person transported to the home of a relative or friend located outside of
6697 this state, or to an appropriate facility in the state where the person with the intellectual
6698 disability is domiciled.
6699 (3) This section does not prevent a person with an intellectual disability who is
6700 temporarily located in this state from being temporarily admitted or committed to an
6701 intermediate care facility for people with an intellectual disability in this state.
6702 Section 188. Section 26B-6-604, which is renumbered from Section 62A-5-308 is
6703 renumbered and amended to read:
6704 [
6705 old.
6706 (1) The director of the division, or the director's designee, may commit an individual
6707 under 18 years old who has an intellectual disability or symptoms of an intellectual disability,
6708 to the division for observation, diagnosis, care, and treatment if that commitment is based on:
6709 (a) an emergency commitment in accordance with Section [
6710 (b) involuntary commitment in accordance with Section [
6711 (2) A proceeding for involuntary commitment under Subsection (1)(a) may be
6712 commenced by filing a written petition with the juvenile court under Section [
6713 6-608.
6714 (3) (a) A juvenile court has jurisdiction over the proceeding under Subsection (2) as
6715 described in Subsection 78A-6-103(2)(f).
6716 (b) A juvenile court shall proceed with the written petition in the same manner and
6717 with the same authority as the district court.
6718 (4) If an individual who is under 18 years old is committed to the custody of the Utah
6719 State Developmental Center by the juvenile court, the director or the director's designee shall
6720 give the juvenile court written notice of the intention to release the individual not fewer than
6721 five days before the day on which the individual is released.
6722 Section 189. Section 26B-6-605, which is renumbered from Section 62A-5-309 is
6723 renumbered and amended to read:
6724 [
6725 older.
6726 (1) The director, or the director's designee may commit to the division an individual 18
6727 years old or older who has an intellectual disability, for observation, diagnosis, care, and
6728 treatment if that commitment is based on:
6729 (a) involuntary commitment in accordance with Section [
6730 (b) temporary emergency commitment in accordance with Section [
6731 607.
6732 (2) If an individual who is 18 years old or older is committed to the custody of the Utah
6733 State Developmental Center by the juvenile court, the director or the director's designee shall
6734 give the juvenile court written notice of the intention to release the individual not fewer than
6735 five days before the day on which the individual is released.
6736 Section 190. Section 26B-6-606, which is renumbered from Section 62A-5-310 is
6737 renumbered and amended to read:
6738 [
6739 An individual may not be involuntarily committed to an intermediate care facility for
6740 people with an intellectual disability except in accordance with Sections [
6741
6742 Section 191. Section 26B-6-607, which is renumbered from Section 62A-5-311 is
6743 renumbered and amended to read:
6744 [
6745 Observation and evaluation.
6746 (1) The director of the division or his designee may temporarily commit an individual
6747 to the division and therefore, as a matter of course, to an intermediate care facility for people
6748 with an intellectual disability for observation and evaluation upon:
6749 (a) written application by a responsible person who has reason to know that the
6750 individual is in need of commitment, stating:
6751 (i) a belief that the individual has an intellectual disability and is likely to cause serious
6752 injury to self or others if not immediately committed;
6753 (ii) personal knowledge of the individual's condition; and
6754 (iii) the circumstances supporting that belief; or
6755 (b) certification by a licensed physician or designated intellectual disability
6756 professional stating that the physician or designated intellectual disability professional:
6757 (i) has examined the individual within a three-day period immediately preceding the
6758 certification; and
6759 (ii) is of the opinion that the individual has an intellectual disability, and that because
6760 of the individual's intellectual disability is likely to injure self or others if not immediately
6761 committed.
6762 (2) If the individual in need of commitment is not placed in the custody of the director
6763 or the director's designee by the person submitting the application, the director's or the
6764 director's designee may certify, either in writing or orally that the individual is in need of
6765 immediate commitment to prevent injury to self or others.
6766 (3) Upon receipt of the application required by Subsection (1)(a) and the certifications
6767 required by Subsections (1)(b) and (2), a peace officer may take the individual named in the
6768 application and certificates into custody, and may transport the individual to a designated
6769 intermediate care facility for people with an intellectual disability.
6770 (4) (a) An individual committed under this section may be held for a maximum of 24
6771 hours, excluding Saturdays, Sundays, and legal holidays. At the expiration of that time, the
6772 individual shall be released unless proceedings for involuntary commitment have been
6773 commenced under Section [
6774 (b) After proceedings for involuntary commitment have been commenced the
6775 individual shall be released unless an order of detention is issued in accordance with Section
6776 [
6777 (5) If an individual is committed to the division under this section on the application of
6778 any person other than the individual's legal guardian, spouse, parent, or next of kin, the director
6779 or his designee shall immediately give notice of the commitment to the individual's legal
6780 guardian, spouse, parent, or next of kin, if known.
6781 Section 192. Section 26B-6-608, which is renumbered from Section 62A-5-312 is
6782 renumbered and amended to read:
6783 [
6784 Necessary findings -- Periodic review.
6785 (1) Any responsible person who has reason to know that an individual is in need of
6786 commitment, who has a belief that the individual has an intellectual disability, and who has
6787 personal knowledge of the conditions and circumstances supporting that belief, may commence
6788 proceedings for involuntary commitment by filing a written petition with the district court, or if
6789 the subject of the petition is less than 18 years of age with the juvenile court, of the county in
6790 which the individual to be committed is physically located at the time the petition is filed. The
6791 application shall be accompanied by:
6792 (a) a certificate of a licensed physician or a designated intellectual disability
6793 professional, stating that within a seven-day period immediately preceding the certification, the
6794 physician or designated intellectual disability professional examined the individual and
6795 believes that the individual has an intellectual disability and is in need of involuntary
6796 commitment; or
6797 (b) a written statement by the petitioner that:
6798 (i) states that the individual was requested to, but refused to, submit to an examination
6799 for an intellectual disability by a licensed physician or designated intellectual disability
6800 professional, and that the individual refuses to voluntarily go to the division or an intermediate
6801 care facility for people with an intellectual disability recommended by the division for
6802 treatment;
6803 (ii) is under oath; and
6804 (iii) sets forth the facts on which the statement is based.
6805 (2) Before issuing a detention order, the court may require the petitioner to consult
6806 with personnel at the division or at an intermediate care facility for people with an intellectual
6807 disability and may direct a designated intellectual disability professional to interview the
6808 petitioner and the individual to be committed, to determine the existing facts, and to report
6809 them to the court.
6810 (3) The court may issue a detention order and may direct a peace officer to immediately
6811 take the individual to an intermediate care facility for people with an intellectual disability to
6812 be detained for purposes of an examination if the court finds from the petition, from other
6813 statements under oath, or from reports of physicians or designated intellectual disability
6814 professionals that there is a reasonable basis to believe that the individual to be committed:
6815 (a) poses an immediate danger of physical injury to self or others;
6816 (b) requires involuntary commitment pending examination and hearing;
6817 (c) the individual was requested but refused to submit to an examination by a licensed
6818 physician or designated intellectual disability professional; or
6819 (d) the individual refused to voluntarily go to the division or to an intermediate care
6820 facility for people with an intellectual disability recommended by the division.
6821 (4) (a) If the court issues a detention order based on an application that did not include
6822 a certification by a designated intellectual disability professional or physician in accordance
6823 with Subsection (1)(a), the director or his designee shall within 24 hours after issuance of the
6824 detention order, excluding Saturdays, Sundays, and legal holidays, examine the individual,
6825 report the results of the examination to the court and inform the court:
6826 (i) whether the director or his designee believes that the individual has an intellectual
6827 disability; and
6828 (ii) whether appropriate treatment programs are available and will be used by the
6829 individual without court proceedings.
6830 (b) If the report of the director or his designee is based on an oral report of the
6831 examiner, the examiner shall immediately send the results of the examination in writing to the
6832 clerk of the court.
6833 (5) Immediately after an individual is involuntarily committed under a detention order
6834 or under Section [
6835 individual, orally and in writing, of his right to communicate with an attorney. If an individual
6836 desires to communicate with an attorney, the director or his designee shall take immediate steps
6837 to assist the individual in contacting and communicating with an attorney.
6838 (6) (a) Immediately after commencement of proceedings for involuntary commitment,
6839 the court shall give notice of commencement of the proceedings to:
6840 (i) the individual to be committed;
6841 (ii) the applicant;
6842 (iii) any legal guardian of the individual;
6843 (iv) adult members of the individual's immediate family;
6844 (v) legal counsel of the individual to be committed, if any;
6845 (vi) the division; and
6846 (vii) any other person to whom the individual requests, or the court designates, notice
6847 to be given.
6848 (b) If an individual cannot or refuses to disclose the identity of persons to be notified,
6849 the extent of notice shall be determined by the court.
6850 (7) That notice shall:
6851 (a) set forth the allegations of the petition and all supporting facts;
6852 (b) be accompanied by a copy of any detention order issued under Subsection (3); and
6853 (c) state that a hearing will be held within the time provided by law, and give the time
6854 and place for that hearing.
6855 (8) The court may transfer the case and the custody of the individual to be committed
6856 to any other district court within the state, if:
6857 (a) there are no appropriate facilities for persons with an intellectual disability within
6858 the judicial district; and
6859 (b) the transfer will not be adverse to the interests of the individual.
6860 (9) (a) Within 24 hours, excluding Saturdays, Sundays, and legal holidays, after any
6861 order or commitment under a detention order, the court shall appoint two designated
6862 intellectual disability professionals to examine the individual. If requested by the individual's
6863 counsel, the court shall appoint a reasonably available, qualified person designated by counsel
6864 to be one of the examining designated intellectual disability professionals. The examinations
6865 shall be conducted:
6866 (i) separately;
6867 (ii) at the home of the individual to be committed, a hospital, an intermediate care
6868 facility for people with an intellectual disability, or any other suitable place not likely to have a
6869 harmful effect on the individual; and
6870 (iii) within a reasonable period of time after appointment of the examiners by the court.
6871 (b) The court shall set a time for a hearing to be held within 10 court days of the
6872 appointment of the examiners. However, the court may immediately terminate the proceedings
6873 and dismiss the application if, prior to the hearing date, the examiners, the director, or his
6874 designee informs the court that:
6875 (i) the individual does not have an intellectual disability; or
6876 (ii) treatment programs are available and will be used by the individual without court
6877 proceedings.
6878 (10) (a) Each individual has the right to be represented by counsel at the commitment
6879 hearing and in all preliminary proceedings. If neither the individual nor others provide counsel,
6880 the court shall appoint counsel and allow sufficient time for counsel to consult with the
6881 individual prior to any hearing.
6882 (b) If the individual is indigent, the county in which the individual was physically
6883 located when taken into custody shall pay reasonable attorney fees as determined by the court.
6884 (11) The division or a designated intellectual disability professional in charge of the
6885 individual's care shall provide all documented information on the individual to be committed
6886 and to the court at the time of the hearing. The individual's attorney shall have access to all
6887 documented information on the individual at the time of and prior to the hearing.
6888 (12) (a) The court shall provide an opportunity to the individual, the petitioner, and all
6889 other persons to whom notice is required to be given to appear at the hearing, to testify, and to
6890 present and cross-examine witnesses.
6891 (b) The court may, in its discretion:
6892 (i) receive the testimony of any other person;
6893 (ii) allow a waiver of the right to appear only for good cause shown;
6894 (iii) exclude from the hearing all persons not necessary to conduct the proceedings; and
6895 (iv) upon motion of counsel, require the testimony of each examiner to be given out of
6896 the presence of any other examiner.
6897 (c) The hearing shall be conducted in as informal a manner as may be consistent with
6898 orderly procedure, and in a physical setting that is not likely to have a harmful effect on the
6899 individual. The Utah Rules of Evidence apply, and the hearing shall be a matter of court
6900 record. A verbatim record of the proceedings shall be maintained.
6901 (13) The court may order commitment if, upon completion of the hearing and
6902 consideration of the record, it finds by clear and convincing evidence that all of the following
6903 conditions are met:
6904 (a) the individual to be committed has an intellectual disability;
6905 (b) because of the individual's intellectual disability one or more of the following
6906 conditions exist:
6907 (i) the individual poses an immediate danger of physical injury to self or others;
6908 (ii) the individual lacks the capacity to provide the basic necessities of life, such as
6909 food, clothing, or shelter; or
6910 (iii) the individual is in immediate need of habilitation, rehabilitation, care, or
6911 treatment to minimize the effects of the condition which poses a threat of serious physical or
6912 psychological injury to the individual, and the individual lacks the capacity to engage in a
6913 rational decision-making process concerning the need for habilitation, rehabilitation, care, or
6914 treatment, as evidenced by an inability to weigh the possible costs and benefits of the care or
6915 treatment and the alternatives to it;
6916 (c) there is no appropriate, less restrictive alternative reasonably available; and
6917 (d) the division or the intermediate care facility for people with an intellectual
6918 disability recommended by the division in which the individual is to be committed can provide
6919 the individual with treatment, care, habilitation, or rehabilitation that is adequate and
6920 appropriate to the individual's condition and needs.
6921 (14) In the absence of any of the required findings by the court, described in Subsection
6922 (13), the court shall dismiss the proceedings.
6923 (15) (a) The order of commitment shall designate the period for which the individual
6924 will be committed. An initial commitment may not exceed six months. Before the end of the
6925 initial commitment period, the administrator of the intermediate care facility for people with an
6926 intellectual disability shall commence a review hearing on behalf of the individual.
6927 (b) At the conclusion of the review hearing, the court may issue an order of
6928 commitment for up to a one-year period.
6929 (16) An individual committed under this part has the right to a rehearing, upon filing a
6930 petition with the court within 30 days after entry of the court's order. If the petition for
6931 rehearing alleges error or mistake in the court's findings, the court shall appoint one impartial
6932 licensed physician and two impartial designated intellectual disability professionals who have
6933 not previously been involved in the case to examine the individual. The rehearing shall, in all
6934 other respects, be conducted in accordance with this part.
6935 (17) (a) The court shall maintain a current list of all individuals under its orders of
6936 commitment. That list shall be reviewed in order to determine those patients who have been
6937 under an order of commitment for the designated period.
6938 (b) At least two weeks prior to the expiration of the designated period of any
6939 commitment order still in effect, the court that entered the original order shall inform the
6940 director of the division of the impending expiration of the designated commitment period.
6941 (c) The staff of the division shall immediately:
6942 (i) reexamine the reasons upon which the order of commitment was based and report
6943 the results of the examination to the court;
6944 (ii) discharge the resident from involuntary commitment if the conditions justifying
6945 commitment no longer exist; and
6946 (iii) immediately inform the court of any discharge.
6947 (d) If the director of the division reports to the court that the conditions justifying
6948 commitment no longer exist, and the administrator of the intermediate care facility for people
6949 with an intellectual disability does not discharge the individual at the end of the designated
6950 period, the court shall order the immediate discharge of the individual, unless involuntary
6951 commitment proceedings are again commenced in accordance with this section.
6952 (e) If the director of the division, or the director's designee reports to the court that the
6953 conditions designated in Subsection (13) still exist, the court may extend the commitment order
6954 for up to one year. At the end of any extension, the individual must be reexamined in
6955 accordance with this section, or discharged.
6956 (18) When a resident is discharged under this subsection, the division shall provide any
6957 further support services available and required to meet the resident's needs.
6958 Section 193. Section 26B-6-609, which is renumbered from Section 62A-5-313 is
6959 renumbered and amended to read:
6960 [
6961 (1) The director of the division, or the director's designee, may place an involuntarily
6962 committed resident in appropriate care or treatment outside the intermediate care facility for
6963 people with an intellectual disability. During that placement, the order of commitment shall
6964 remain in effect, until the resident is discharged or the order is terminated.
6965 (2) If the resident, or the resident's parent or guardian, objects to a proposed placement
6966 under this section, the resident may appeal the decision to the executive director or the
6967 executive director's designee. Those appeals shall be conducted in accordance with the
6968 procedures and requirements of Title 63G, Chapter 4, Administrative Procedures Act. If an
6969 objection is made, the proposed placement may not take effect until the committee holds that
6970 hearing and the executive director makes a final decision on the placement.
6971 Section 194. Section 26B-6-610, which is renumbered from Section 62A-5-315 is
6972 renumbered and amended to read:
6973 [
6974 (1) A resident committed under Section [
6975 legal guardian, relative, or attorney, may file a petition for reexamination with the district court
6976 of the county in which the resident is domiciled or detained.
6977 (2) Upon receipt of that petition, the court shall conduct proceedings under Section
6978 [
6979 Section 195. Section 26B-6-611, which is renumbered from Section 62A-5-316 is
6980 renumbered and amended to read:
6981 [
6982 (1) Pending removal to an intermediate care facility for people with an intellectual
6983 disability, an individual taken into custody or ordered to be committed under this part may be
6984 detained in the individual's home, or in some other suitable facility.
6985 (2) The individual shall not, however, be detained in a nonmedical facility used for
6986 detention of individuals charged with or convicted of penal offenses, except in a situation of
6987 extreme emergency.
6988 (3) The division shall take reasonable measures, as may be necessary, to assure proper
6989 care of an individual temporarily detained under this part.
6990 Section 196. Section 26B-6-612, which is renumbered from Section 62A-5-317 is
6991 renumbered and amended to read:
6992 [
6993 (1) The administrator of an intermediate care facility for people with an intellectual
6994 disability, or the administrator's designee, may transfer or authorize the transfer of a resident to
6995 another intermediate care facility for people with an intellectual disability if, before the
6996 transfer, the administrator conducts a careful evaluation of the resident and the resident's
6997 treatment needs, and determines that a transfer would be in the best interest of that resident. If
6998 a resident is transferred, the administrator shall give immediate notice of the transfer to the
6999 resident's spouse, guardian, parent, or advocate or, if none of those persons are known, to the
7000 resident's nearest known relative.
7001 (2) If a resident, or the resident's parent or guardian, objects to a proposed transfer
7002 under this section, the administrator shall conduct a hearing on the objection before a
7003 committee composed of persons selected by the administrator. That committee shall hear all
7004 evidence and make a recommendation to the administrator concerning the proposed transfer.
7005 The transfer may not take effect until the committee holds that hearing and the administrator
7006 renders a final decision on the proposed transfer.
7007 Section 197. Section 26B-6-613, which is renumbered from Section 62A-5-318 is
7008 renumbered and amended to read:
7009 [
7010 Committee -- Findings.
7011 (1) If, after commitment, a resident elects to refuse treatment with medication, the
7012 director, the administrator of the intermediate care facility for people with an intellectual
7013 disability, or a designee, shall submit documentation regarding the resident's proposed
7014 treatment to a committee composed of:
7015 (a) a licensed physician experienced in treating persons with an intellectual disability,
7016 who is not directly involved in the resident's treatment or diagnosis, and who is not biased
7017 toward any one facility;
7018 (b) a psychologist who is a designated intellectual disability professional who is not
7019 directly involved in the resident's treatment or diagnosis; and
7020 (c) another designated intellectual disability professional of the facility for persons with
7021 an intellectual disability, or a designee.
7022 (2) Based upon the court's finding, under Subsection [
7023 the resident lacks the ability to engage in a rational decision-making process regarding the need
7024 for habilitation, rehabilitation, care, or treatment, as demonstrated by evidence of inability to
7025 weigh the possible costs and benefits of treatment, the committee may authorize involuntary
7026 treatment with medication if it determines that:
7027 (a) the proposed treatment is in the medical best interest of the resident, taking into
7028 account the possible side effects as well as the potential benefits of the medication; and
7029 (b) the proposed treatment is in accordance with prevailing standards of accepted
7030 medical practice.
7031 (3) In making the determination described in Subsection (2), the committee shall
7032 consider the resident's general history and present condition, the specific need for medication
7033 and its possible side effects, and any previous reaction to the same or comparable medication.
7034 (4) Any authorization of involuntary treatment under this section shall be periodically
7035 reviewed in accordance with rules promulgated by the division.
7036 Section 198. Section 26B-6-701, which is renumbered from Section 62A-5-501 is
7037 renumbered and amended to read:
7038
7039 [
7040 [
7041 (1) "Complainant" means a person who initiates a complaint.
7042 (2) "Complaint" means a complaint initiated with the ombudsman identifying a person
7043 who has violated the rights and privileges of an individual with a disability.
7044 (3) "Ombudsman" means the ombudsman appointed in Section [
7045 702.
7046 (4) "Rights and privileges of an individual with a disability" means the rights and
7047 privileges of an individual with a disability described in Subsections [
7048 802(1) through (3).
7049 Section 199. Section 26B-6-702, which is renumbered from Section 62A-5-502 is
7050 renumbered and amended to read:
7051 [
7052 -- Qualifications -- Staff.
7053 (1) There is created within the division the position of disability ombudsman for the
7054 purpose of promoting, advocating, and ensuring the rights and privileges of an individual with
7055 a disability are upheld.
7056 (2) The director shall appoint an ombudsman who has:
7057 (a) recognized executive and administrative capacity; and
7058 (b) experience in laws and policies regarding individuals with a disability.
7059 (3) The ombudsman may hire staff as necessary to carry out the duties of the
7060 ombudsman under this part.
7061 Section 200. Section 26B-6-703, which is renumbered from Section 62A-5-503 is
7062 renumbered and amended to read:
7063 [
7064 The ombudsman shall:
7065 (1) develop and maintain expertise in laws and policies governing the rights and
7066 privileges of an individual with a disability;
7067 (2) provide training and information to private citizens, civic groups, governmental
7068 entities, and other interested parties across the state regarding:
7069 (a) the role and duties of the ombudsman;
7070 (b) the rights and privileges of an individual with a disability; and
7071 (c) services available in the state to an individual with a disability;
7072 (3) develop a website to provide the information described in Subsection (2) in a form
7073 that is easily accessible;
7074 (4) receive, process, and investigate complaints in accordance with this part;
7075 (5) review periodically the procedures of state entities that serve individuals with a
7076 disability;
7077 (6) cooperate and coordinate with governmental entities and other organizations in the
7078 community in exercising the duties under this section, including the long-term care
7079 ombudsman program, created in Section [
7080 ombudsman, appointed under Section [
7081 the responsibilities of the ombudsman and the long-term care ombudsman program or the child
7082 protection ombudsman;
7083 (7) as appropriate, make recommendations to the division regarding rules to be made in
7084 accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, that the
7085 ombudsman considers necessary to carry out the ombudsman's duties under this part;
7086 (8) submit annually, by July 1, to the Health and Human Services Interim Committee, a
7087 report describing:
7088 (a) the work of the ombudsman; and
7089 (b) any recommendations for statutory changes to improve the effectiveness of the
7090 ombudsman in performing the duties under this section; and
7091 (9) perform other duties required by law.
7092 Section 201. Section 26B-6-704, which is renumbered from Section 62A-5-504 is
7093 renumbered and amended to read:
7094 [
7095 Rulemaking.
7096 (1) Except as provided in Subsection (3), the ombudsman shall, upon receipt of a
7097 complaint, investigate the complaint.
7098 (2) An ombudsman's investigation of a complaint may include:
7099 (a) a referral to a governmental entity or other services;
7100 (b) the collection of facts, information, or documentation;
7101 (c) holding an investigatory hearing; or
7102 (d) an inspection of the premises of the person named in the complaint.
7103 (3) (a) The ombudsman may decline to investigate a complaint.
7104 (b) If the ombudsman declines to investigate a complaint, the ombudsman shall notify
7105 the complainant and the division of the declination.
7106 (4) The division shall make rules, in accordance with Title 63G, Chapter 3, Utah
7107 Administrative Rulemaking Act, that govern the ombudsman's process for:
7108 (a) receiving and processing complaints; and
7109 (b) conducting an investigation in accordance with this section.
7110 Section 202. Section 26B-6-705, which is renumbered from Section 62A-5-505 is
7111 renumbered and amended to read:
7112 [
7113 complaints or investigations -- Rulemaking.
7114 (1) The division shall establish procedures by rule made in accordance with Title 63G,
7115 Chapter 3, Utah Administrative Rulemaking Act, to ensure that a record maintained by the
7116 ombudsman is disclosed only at the discretion of and under the authority of the ombudsman.
7117 (2) The identity of a complainant or a party named in the complaint may not be
7118 disclosed by the ombudsman unless:
7119 (a) the complainant or a legal representative of the complainant consents to the
7120 disclosure;
7121 (b) disclosure is ordered by a court of competent jurisdiction; or
7122 (c) the disclosure is approved by the ombudsman and is made, as part of an
7123 investigation involving the complainant, to an agency or entity in the community that:
7124 (i) has statutory responsibility for the complainant, over the action alleged in the
7125 complaint, or another party named in the complaint;
7126 (ii) is able to assist the ombudsman to achieve resolution of the complaint; or
7127 (iii) is able to provide expertise that would benefit the complainant.
7128 (3) Neither the ombudsman nor the ombudsman's designee may be required to testify in
7129 court with respect to confidential matters, except as the court finds necessary to enforce this
7130 part.
7131 Section 203. Section 26B-6-801, which is renumbered from Section 62A-5b-102 is
7132 renumbered and amended to read:
7133
7134 [
7135 As used in this [
7136 (1) "Disability" has the same meaning as defined in 42 U.S.C. Sec. 12102 of the
7137 Americans With Disabilities Act of 1990, as may be amended in the future, and 28 C.F.R. Sec.
7138 36.104 of the Code of Federal Regulations, as may be amended in the future.
7139 (2) "Informed consent" means consent that is voluntary and based on an understanding
7140 by the person to be sterilized of the nature and consequences of sterilization, the reasonably
7141 foreseeable risks and benefits of sterilization, and the available alternative methods of
7142 contraception.
7143 (3) "Institutionalized" means residing in the Utah State Developmental Center, the
7144 Utah State Hospital, a residential facility for persons with a disability as defined in Sections
7145 10-9a-103 and 17-27a-103, a group home for persons with a disability, a nursing home, or a
7146 foster care home or facility.
7147 [
7148 (i) is trained, or is in training, to do work or perform tasks for the benefit of an
7149 individual with a disability, including a physical, sensory, psychiatric, intellectual, or other
7150 mental disability; and
7151 (ii) performs work or tasks, or is in training to perform work or tasks, that are directly
7152 related to the individual's disability, including:
7153 (A) assisting an individual who is blind or has low vision with navigation or other
7154 tasks;
7155 (B) alerting an individual who is deaf or hard of hearing to the presence of people or
7156 sounds;
7157 (C) providing non-violent protection or rescue work;
7158 (D) pulling a wheelchair;
7159 (E) assisting an individual during a seizure;
7160 (F) alerting an individual to the presence of an allergen;
7161 (G) retrieving an item for the individual;
7162 (H) providing physical support and assistance with balance and stability; or
7163 (I) helping an individual with a psychiatric or neurological disability by preventing or
7164 interrupting impulsive or destructive behaviors.
7165 (b) "Service animal" does not include:
7166 (i) an animal other than a dog, whether wild or domestic, trained or untrained; or
7167 (ii) an animal used solely to provide:
7168 (A) a crime deterrent;
7169 (B) emotional support;
7170 (C) well-being;
7171 (D) comfort; or
7172 (E) companionship.
7173 (4) "Sterilization" means any medical procedure, treatment, or operation rendering an
7174 individual permanently incapable of procreation.
7175 [
7176 as a reasonable accommodation under federal law for an individual with a disability.
7177 Section 204. Section 26B-6-802, which is renumbered from Section 62A-5b-103 is
7178 renumbered and amended to read:
7179 [
7180 disability.
7181 (1) An individual with a disability has the same rights and privileges in the use of
7182 highways, streets, sidewalks, walkways, public buildings, public facilities, and other public
7183 areas as an individual who is not an individual with a disability.
7184 (2) An individual with a disability has equal rights to accommodations, advantages,
7185 and facilities offered by common carriers, including air carriers, railroad carriers, motor buses,
7186 motor vehicles, water carriers, and all other modes of public conveyance in this state.
7187 (3) An individual with a disability has equal rights to accommodations, advantages,
7188 and facilities offered by hotels, motels, lodges, and all other places of public accommodation in
7189 this state, and to places of amusement or resort to which the public is invited.
7190 (4) (a) An individual with a disability has equal rights and access to public and private
7191 housing accommodations offered for rent, lease, or other compensation in this state.
7192 (b) This chapter does not require a person renting, leasing, or selling private housing or
7193 real property to modify the housing or property in order to accommodate an individual with a
7194 disability or to provide a higher degree of care for that individual than for someone who is not
7195 an individual with a disability.
7196 (c) A person renting, leasing, or selling private housing or real property to an
7197 individual with a disability shall comply with the provisions of Section [
7198 803.
7199 Section 205. Section 26B-6-803, which is renumbered from Section 62A-5b-104 is
7200 renumbered and amended to read:
7201 [
7202 support animal -- Security deposits -- Discrimination -- Liability.
7203 (1) (a) An individual with a disability has the right to be accompanied by a service
7204 animal, unless the service animal is a danger or nuisance to others as interpreted under the
7205 Americans with Disabilities Act of 1990, 42 U.S.C. Sec. 12102:
7206 (i) in any of the places specified in Section [
7207 (ii) without additional charge for the service animal.
7208 (b) An owner or lessor of private housing accommodations:
7209 (i) may not, in any manner, discriminate against an individual with a disability on the
7210 basis of the individual's possession of a service animal or a support animal, including by
7211 charging an extra fee or deposit for a service animal or a support animal; and
7212 (ii) may recover a reasonable cost to repair damage caused by a service animal or a
7213 support animal.
7214 (2) An individual who is not an individual with a disability has the right to be
7215 accompanied by an animal that is in training to become a service animal or a police service
7216 canine, as defined in Section 53-16-102:
7217 (a) in any of the places specified in Section [
7218 (b) without additional charge for the animal.
7219 (3) An individual described in Subsection (1) or (2) is liable for any loss or damage the
7220 individual's accompanying service animal, support animal, or animal described in Subsection
7221 (2) causes or inflicts to the premises of a place specified in Section [
7222 (4) Nothing in this section prohibits the exclusion, as permitted under federal law, of a
7223 service animal or a support animal from a place described in Section [
7224 Section 206. Section 26B-6-804, which is renumbered from Section 62A-5b-105 is
7225 renumbered and amended to read:
7226 [
7227 disability.
7228 It is the policy of this state that an individual with a disability is employed in the state
7229 service, the service of the political subdivisions of the state, in the public schools, and in all
7230 other employment supported in whole or in part by public funds on the same terms and
7231 conditions as an individual who is not an individual with a disability, unless it is shown that the
7232 particular disability prevents the performance of the work involved.
7233 Section 207. Section 26B-6-805, which is renumbered from Section 62A-5b-106 is
7234 renumbered and amended to read:
7235 [
7236 Misrepresentation of rights under this part.
7237 (1) Any individual, or agent of any individual, who denies or interferes with the rights
7238 provided in this chapter is guilty of a class C misdemeanor.
7239 (2) An individual is guilty of a class C misdemeanor if:
7240 (a) the individual intentionally and knowingly falsely represents to another person that
7241 an animal is a service animal or a support animal;
7242 (b) the individual knowingly and intentionally misrepresents a material fact to a health
7243 care provider for the purpose of obtaining documentation from the health care provider
7244 necessary to designate an animal as a service animal or a support animal; or
7245 (c) the individual, except for an individual with a disability, uses an animal to gain
7246 treatment or benefits only provided for an individual with a disability.
7247 (3) This section does not affect the enforceability of any criminal law, including
7248 Subsection 76-6-501(2).
7249 (4) An agent of a protection and advocacy agency, acting in the agent's professional
7250 capacity and in compliance with 29 U.S.C. Sec. 794e et seq., 42 U.S.C. Sec. 15041 et seq., and
7251 42 U.S.C. Sec. 1801 et seq., is not criminally liable under Subsection (2).
7252 Section 208. Section 26B-6-806, which is renumbered from Section 62A-6-102 is
7253 renumbered and amended to read:
7254 [
7255 (1) It is lawful for a physician to sterilize a person who is 18 years of age or older and
7256 who has the capacity to give informed consent.
7257 (2) It is unlawful for a physician to sterilize a person who is 18 years of age or older
7258 and who is institutionalized, unless:
7259 (a) the physician, through careful examination and counseling, ensures that the person
7260 is capable of giving informed consent and that no undue influence or coercion to consent has
7261 been placed on that person by nature of the fact that he is institutionalized; or
7262 (b) the person is not capable of giving informed consent, a petition has been filed in
7263 accordance with Section [
7264 been entered by a court of competent jurisdiction.
7265 (3) It is unlawful for a physician to sterilize a person who is 18 years of age or older
7266 and who is not capable of giving informed consent unless a petition has been filed in
7267 accordance with Section [
7268 been entered by a court of competent jurisdiction.
7269 Section 209. Section 26B-6-807, which is renumbered from Section 62A-6-103 is
7270 renumbered and amended to read:
7271 [
7272 It is unlawful for a physician to sterilize a person who is under 18 years of age unless:
7273 (1) the person is married or otherwise emancipated and the physician, through careful
7274 examination and counseling, ensures that the person is capable of giving informed consent. If
7275 that person is institutionalized, the physician shall also ensure that no undue influence or
7276 coercion to consent has been placed on the person by nature of the fact that [
7277 institutionalized; or
7278 (2) a petition has been filed in accordance with Section [
7279 an order authorizing sterilization has been entered by a court of competent jurisdiction.
7280 Section 210. Section 26B-6-808, which is renumbered from Section 62A-6-104 is
7281 renumbered and amended to read:
7282 [
7283 If an emergency situation exists that prevents compliance with Section [
7284
7285 sterilization could result in serious physical injury or death to the person, the attending
7286 physician shall certify, in writing, the specific medical reasons that necessitated suspension of
7287 those requirements. That certified statement shall become a permanent part of the sterilized
7288 person's medical record.
7289 Section 211. Section 26B-6-809, which is renumbered from Section 62A-6-105 is
7290 renumbered and amended to read:
7291 [
7292 For purposes of this [
7293 sterilization:
7294 (1) a person who is the subject of sterilization, if [
7295 informed consent; and
7296 (2) a person appointed by the court to give informed consent on behalf of a subject of
7297 sterilization who is incapable of giving informed consent.
7298 Section 212. Section 26B-6-810, which is renumbered from Section 62A-6-106 is
7299 renumbered and amended to read:
7300 [
7301 -- Hearing.
7302 (1) A person who desires sterilization but whose capacity to give informed consent is
7303 questioned by any interested party may file a petition for declaration of capacity to give
7304 informed consent.
7305 (2) If, after hearing all the relevant evidence, the court finds by a preponderance of the
7306 evidence that the person is capable of giving informed consent, the court shall enter an order
7307 declaring that the person has the capacity to give informed consent.
7308 Section 213. Section 26B-6-811, which is renumbered from Section 62A-6-107 is
7309 renumbered and amended to read:
7310 [
7311 (1) A petition for an order authorizing sterilization may be filed by a person who
7312 desires sterilization, or by [
7313 interested party.
7314 (2) The court shall adjudicate the petition for sterilization in accordance with Section
7315 [
7316 Section 214. Section 26B-6-812, which is renumbered from Section 62A-6-108 is
7317 renumbered and amended to read:
7318 [
7319 -- Interview -- Findings of fact.
7320 (1) If the court finds that the subject of sterilization is not capable of giving informed
7321 consent, the court shall consider, but not by way of limitation, the following factors concerning
7322 that person:
7323 (a) the nature and degree of [
7324 that the condition is permanent;
7325 (b) the level of [
7326 and contraception, and whether [
7327 to improve;
7328 (c) [
7329 rebuttable presumption that the ability to procreate and reproduce exists in a person of normal
7330 physical development;
7331 (d) the potentially injurious physical and psychological effects from sterilization,
7332 pregnancy, childbirth, and parenthood;
7333 (e) the alternative methods of birth control presently available including, but not
7334 limited to, drugs, intrauterine devices, education and training, and the feasibility of one or more
7335 of those methods as an alternative to sterilization;
7336 (f) the likelihood that [
7337 sexually abused or exploited;
7338 (g) the method of sterilization that is medically advisable, and least intrusive and
7339 destructive of [
7340 (h) the advisability of postponing sterilization until a later date; and
7341 (i) the likelihood that [
7342 (2) (a) The court may require that independent medical, psychological, and social
7343 evaluations of the subject of sterilization be made prior to ruling on a petition for sterilization.
7344 (b) The court may appoint experts to perform those examinations and evaluations and
7345 may require the petitioner, to the extent of the petitioner's ability, to bear the costs incurred.
7346 (3) (a) The court shall interview the subject of sterilization to determine [
7347 person's understanding of and desire for sterilization.
7348 (b) The expressed preference of the person shall be made a part of the record, and shall
7349 be considered by the court in rendering its decision.
7350 (c) The court is not bound by the expressed preference of the subject of sterilization;
7351 however, if the person expresses a preference not to be sterilized, the court shall deny the
7352 petition unless the petitioner proves beyond a reasonable doubt that the person will suffer
7353 serious physical or psychological injury if the petition is denied.
7354 (4) (a) When adjudicating a petition for sterilization the court shall determine, on the
7355 basis of all the evidence, what decision regarding sterilization would have been made by the
7356 subject of sterilization, if [
7357 sterilization.
7358 (b) The decision regarding sterilization shall be in the best interest of the person to be
7359 sterilized.
7360 (5) If the court grants a petition for sterilization, [
7361 findings of fact in support of its order.
7362 Section 215. Section 26B-6-813, which is renumbered from Section 62A-6-109 is
7363 renumbered and amended to read:
7364 [
7365 On motion by the person seeking sterilization or by any other party to the proceeding,
7366 the court may advance hearing on the petition.
7367 Section 216. Section 26B-6-814, which is renumbered from Section 62A-6-110 is
7368 renumbered and amended to read:
7369 [
7370 (1) A copy of the petition and notice of the hearing shall be served personally on the
7371 person to be sterilized not less than 20 days before the hearing date.
7372 (2) The notice shall state the date, time, and place of the hearing, and shall specifically
7373 state that the hearing is to adjudicate either a petition for declaration of capacity to give
7374 informed consent to sterilization or a petition for sterilization.
7375 (3) Notice shall be served on that person's parents, spouse, guardian, or custodian and
7376 on his attorney by the clerk of the court, by certified mail, not less than 10 days before the
7377 hearing date.
7378 Section 217. Section 26B-6-815, which is renumbered from Section 62A-6-111 is
7379 renumbered and amended to read:
7380 [
7381 (1) The court shall appoint an attorney to act as guardian ad litem to defend the rights
7382 and interests of the person to be sterilized.
7383 (2) The person to be sterilized is entitled to appear and testify at the hearing, to
7384 examine and cross examine witnesses, and to compel the attendance of witnesses.
7385 (3) (a) The person who is the subject of a sterilization proceeding may, on motion to
7386 the court and for good cause shown, waive the right to be present at the hearing.
7387 (b) If the court grants that motion, the person shall be represented by a guardian ad
7388 litem at the hearing.
7389 Section 218. Section 26B-6-816, which is renumbered from Section 62A-6-112 is
7390 renumbered and amended to read:
7391 [
7392 of proof.
7393 (1) The petitioner is entitled to request a jury to hear the petition.
7394 (2) The rules of evidence apply in any hearing on a petition for sterilization.
7395 (3) A transcript shall be made of the hearing and shall be made a permanent part of the
7396 record.
7397 [
7398 petitioner to prove by clear and convincing evidence that the petition for or order authorizing
7399 sterilization should be granted.
7400 Section 219. Section 26B-6-817, which is renumbered from Section 62A-6-113 is
7401 renumbered and amended to read:
7402 [
7403 (1) Any party to a proceeding under this chapter may file a notice of appeal from any
7404 adverse decision with the Supreme Court in accordance with Rule 73, Utah Rules of Civil
7405 Procedure.
7406 (2) The pendency of an appeal in the Supreme Court shall stay the proceedings until
7407 the appeal is finally determined.
7408 Section 220. Section 26B-6-818, which is renumbered from Section 62A-6-114 is
7409 renumbered and amended to read:
7410 [
7411 Nothing in this chapter shall be construed to prevent the medical or surgical treatment,
7412 for sound therapeutic reasons, of any person by a physician or surgeon licensed by this state,
7413 which treatment may incidentally involve destruction of reproductive functions.
7414 Section 221. Section 26B-6-819, which is renumbered from Section 62A-6-115 is
7415 renumbered and amended to read:
7416 [
7417 (1) A physician, assistant, or any other person acting pursuant to an order authorizing
7418 sterilization, as provided in this [
7419 participation in or assistance to sterilization.
7420 (2) This section does not apply to negligent acts committed in the performance of
7421 sterilization.
7422 Section 222. Section 26B-6-820, which is renumbered from Section 62A-6-116 is
7423 renumbered and amended to read:
7424 [
7425 Except as authorized by this [
7426 encourages, assists in, or otherwise promotes the performance of a sterilization procedure for
7427 the purpose of destroying the power to procreate the human species, with knowledge that the
7428 provisions of this [
7429 Section 223. Section 26B-7-101 is amended to read:
7430
7431
7432 26B-7-101. Definitions.
7433 [
7434 (1) "Down syndrome" means a genetic condition associated with an extra chromosome
7435 21, in whole or in part, or an effective trisomy for chromosome 21.
7436 (2) "Maternal and child health services" means:
7437 (a) the provision of educational, preventative, diagnostic, and treatment services,
7438 including medical care, hospitalization, and other institutional care and aftercare, appliances,
7439 and facilitating services directed toward reducing infant mortality and improving the health of
7440 mothers and children provided, however, that nothing in this Subsection (2) shall be construed
7441 to allow any agency of the state to interfere with the rights of the parent of an unmarried minor
7442 in decisions about the providing of health information or services;
7443 (b) the development, strengthening, and improvement of standards and techniques
7444 relating to the services and care;
7445 (c) the training of personnel engaged in the provision, development, strengthening, or
7446 improvement of the services and care; and
7447 (d) necessary administrative services connected with Subsections (2)(a), (b), and (c).
7448 (3) "Minor" means a person under the age of 18.
7449 (4) "Services to children with disabilities" means:
7450 (a) the early location of children with a disability, provided that any program of
7451 prenatal diagnosis for the purpose of detecting the possible disease or disabilities of an unborn
7452 child will not be used for screening, but rather will be utilized only when there are medical or
7453 genetic indications that warrant diagnosis;
7454 (b) the provision for children described in Subsection (4)(a), of preventive, diagnosis,
7455 and treatment services, including medical care, hospitalization, and other institutional care and
7456 aftercare, appliances, and facilitating services directed toward the diagnosis of the condition of
7457 those children or toward the restoration of the children to maximum physical and mental
7458 health;
7459 (c) the development, strengthening, and improvement of standards and techniques
7460 relating to services and care described in this Subsection (4);
7461 (d) the training of personnel engaged in the provision, development, strengthening, or
7462 improvement of services and care described in this Subsection (4); and
7463 (e) necessary administrative services connected with Subsections (4)(a), (b), and (c).
7464 Section 224. Section 26B-7-102, which is renumbered from Section 26-10-3 is
7465 renumbered and amended to read:
7466 [
7467 The executive director may appoint a director of family health services programs who
7468 shall be a board certified pediatrician or obstetrician with at least two years experience in
7469 public health programs.
7470 Section 225. Section 26B-7-103, which is renumbered from Section 26-10-4 is
7471 renumbered and amended to read:
7472 [
7473 The department shall prepare and submit a state plan for maternal and child health
7474 services as required by Title II of the Public Health Services Act. The plan shall be the official
7475 state plan for the state and shall be used as the basis for administration of Title V programs
7476 within the state.
7477 Section 226. Section 26B-7-104, which is renumbered from Section 26-10-5.5 is
7478 renumbered and amended to read:
7479 [
7480 (1) The Legislature recognizes that effective child literacy programs can have a
7481 dramatic long-term impact on each child's ability to:
7482 (a) succeed in school;
7483 (b) successfully compete in a global society; and
7484 (c) become a productive, responsible citizen.
7485 (2) (a) To help further this end, the department may make available to parents of
7486 new-born infants, as a resource, an information kit regarding child development, the
7487 development of emerging literacy skills, and activities which promote and enhance emerging
7488 literacy skills, including reading aloud to the child on a regular basis.
7489 (b) The department shall seek private funding to help support this program.
7490 (3) (a) The department may seek assistance from the State Board of Education and
7491 local hospitals in making the information kit available to parents on a voluntary basis.
7492 (b) The department may also seek assistance from private entities in making the kits
7493 available to parents.
7494 Section 227. Section 26B-7-105, which is renumbered from Section 26-10-10 is
7495 renumbered and amended to read:
7496 [
7497 (1) As used in this section "CMV" means cytomegalovirus.
7498 (2) The department shall establish and conduct a public education program to inform
7499 pregnant women and women who may become pregnant regarding:
7500 (a) the incidence of CMV;
7501 (b) the transmission of CMV to pregnant women and women who may become
7502 pregnant;
7503 (c) birth defects caused by congenital CMV;
7504 (d) methods of diagnosing congenital CMV; and
7505 (e) available preventative measures.
7506 (3) The department shall provide the information described in Subsection (2) to:
7507 (a) child care programs licensed under [
7508
7509 (b) a person described in Subsection [
7510 [
7511 (c) a person serving as a school nurse under Section 53G-9-204;
7512 (d) a person offering health education in a school district;
7513 (e) health care providers offering care to pregnant women and infants; and
7514 (f) religious, ecclesiastical, or denominational organizations offering children's
7515 programs as a part of worship services.
7516 (4) If a newborn infant fails the newborn hearing screening test(s) under Subsection
7517 [
7518 (a) test the newborn infant for CMV before the newborn is 21 days of age, unless a
7519 parent of the newborn infant objects; and
7520 (b) provide to the parents of the newborn infant information regarding:
7521 (i) birth defects caused by congenital CMV; and
7522 (ii) available methods of treatment.
7523 (5) The department shall provide to the family and the medical practitioner, if known,
7524 information regarding the testing requirements under Subsection (4) when providing results
7525 indicating that an infant has failed the newborn hearing screening test(s) under Subsection
7526 [
7527 (6) The department may make rules in accordance with Title 63G, Chapter 3, Utah
7528 Administrative Rulemaking Act, as necessary to administer the provisions of this section.
7529 Section 228. Section 26B-7-106, which is renumbered from Section 26-10-14 is
7530 renumbered and amended to read:
7531 [
7532 (1) The department shall provide contact information for state and national Down
7533 syndrome organizations that are nonprofit and that provide information and support services
7534 for parents, including first-call programs and information hotlines specific to Down syndrome,
7535 resource centers or clearinghouses, and other education and support programs for Down
7536 syndrome.
7537 (2) The department shall:
7538 (a) post the information described in Subsection (1) on the department's website; and
7539 (b) create an informational support sheet with the information described in Subsection
7540 (1) and the web address described in Subsection (2)(a).
7541 (3) A Down syndrome organization may request that the department include the
7542 organization's informational material and contact information on the website. The department
7543 may add the information to the website, if the information meets the description under
7544 Subsection (1).
7545 (4) Upon request, the department shall provide a health care facility or health care
7546 provider a copy of the informational support sheet described in Subsection (2)(b) to give to a
7547 pregnant woman after the result of a prenatal screening or diagnostic test indicates the unborn
7548 child has or may have Down syndrome.
7549 Section 229. Section 26B-7-107, which is renumbered from Section 26-10-15 is
7550 renumbered and amended to read:
7551 [
7552 (1) The department shall establish a child blood lead epidemiology and surveillance
7553 program to:
7554 (a) encourage pediatric health care providers to include a lead test in accordance with
7555 the department's recommendations under Subsection (2); and
7556 (b) conduct a public education program to inform parents of children who are two
7557 years old or younger regarding:
7558 (i) the effects of lead exposure in children;
7559 (ii) the availability of free screening and testing for lead exposure; and
7560 (iii) other available preventative measures.
7561 (2) The department may recommend consideration of screening and testing during the
7562 first year or second year well child clinical visit.
7563 (3) (a) The department shall provide the information described in Subsection (1) to
7564 organizations that regularly provide care or services for children who are 5 years old or
7565 younger.
7566 (b) The department may work with the following organizations to share the
7567 information described in Subsection (1):
7568 (i) a child care program licensed under [
7569
7570 program;
7571 (ii) a health care facility licensed under [
7572 Care Facility Licensing and Inspection [
7573 (iii) a person providing child care under a program that is described in Subsection
7574 [
7575 (iv) an individual offering health education in a school district, including a school
7576 nurse under Section 53G-9-204;
7577 (v) a health care provider offering care to pregnant women and infants;
7578 (vi) a religious, ecclesiastical, or denominational organization offering children's
7579 programs as a part of worship services;
7580 (vii) an organization that advocates for public education, testing, and screening of
7581 children for lead exposure;
7582 (viii) a local health department as defined in Section 26A-1-102; and
7583 (ix) any other person that the department believes would advance public education
7584 regarding the effects of lead exposure on children.
7585 (4) The department shall seek grant funding to fund the program created in this section.
7586 Section 230. Section 26B-7-108, which is renumbered from Section 26-1-23.5 is
7587 renumbered and amended to read:
7588 [
7589 The department shall establish and enforce rules for the sale or distribution of human
7590 drugs, cosmetics, and medical devices. The rules adopted under this section shall be no more
7591 stringent than those established by federal law.
7592 Section 231. Section 26B-7-109, which is renumbered from Section 26-1-26 is
7593 renumbered and amended to read:
7594 [
7595 executive director.
7596 [
7597 community health nursing [
7598 monitor, and evaluate community health nursing standards and services and participate in the
7599 formulation of policies for administration of health services.
7600 Section 232. Section 26B-7-110, which is renumbered from Section 26-1-36 is
7601 renumbered and amended to read:
7602 [
7603 harm from prescription opiates used for chronic noncancer pain.
7604 (1) As used in this section, "opiate" means any drug or other substance having an
7605 addiction-forming or addiction-sustaining liability similar to morphine or being capable of
7606 conversion into a drug having addiction-forming or addiction-sustaining liability.
7607 (2) In addition to the duties listed in Section [
7608 develop and implement a two-year program in coordination with the Division of Professional
7609 Licensing, the Utah Labor Commission, and the Utah attorney general, to:
7610 (a) investigate the causes of and risk factors for death and nonfatal complications of
7611 prescription opiate use and misuse in Utah for chronic pain by utilizing the Utah Controlled
7612 Substance Database created in Section 58-37f-201;
7613 (b) study the risks, warning signs, and solutions to the risks associated with
7614 prescription opiate medications for chronic pain, including risks and prevention of misuse and
7615 diversion of those medications;
7616 (c) provide education to health care providers, patients, insurers, and the general public
7617 on the appropriate management of chronic pain, including the effective use of medical
7618 treatment and quality care guidelines that are scientifically based and peer reviewed; and
7619 (d) educate the public regarding:
7620 (i) the purpose of the Controlled Substance Database established in Section
7621 58-37f-201; and
7622 (ii) the requirement that a person's name and prescription information be recorded on
7623 the database when the person fills a prescription for a schedule II, III, IV, or V controlled
7624 substance.
7625 Section 233. Section 26B-7-111, which is renumbered from Section 26-1-38 is
7626 renumbered and amended to read:
7627 [
7628 (1) As used in this section:
7629 (a) "Local health department" means the same as that term is defined in Section
7630 26A-1-102.
7631 (b) "Local health emergency" means an unusual event or series of events causing or
7632 resulting in a substantial risk or substantial potential risk to the health of a significant portion
7633 of the population within the boundary of a local health department, as determined by the local
7634 health department.
7635 (c) "Program" means the local health emergency assistance program that the
7636 department is required to establish under this section.
7637 (d) "Program fund" means money that the Legislature appropriates to the department
7638 for use in the program and other money otherwise made available for use in the program.
7639 (2) The department shall establish, to the extent of funds appropriated by the
7640 Legislature or otherwise made available to the program fund, a local health emergency
7641 assistance program.
7642 (3) Under the program, the department shall:
7643 (a) provide a method for a local health department to seek reimbursement from the
7644 program fund for local health department expenses incurred in responding to a local health
7645 emergency;
7646 (b) require matching funds from any local health department seeking reimbursement
7647 from the program fund;
7648 (c) establish a method for apportioning money in the program fund to multiple local
7649 health departments when the total amount of concurrent requests for reimbursement by
7650 multiple local health departments exceeds the balance in the program fund; and
7651 (d) establish by rule other provisions that the department considers necessary or
7652 advisable to implement the program.
7653 (4) (a) (i) Subject to Subsection (4)(a)(ii), the department shall use money in the
7654 program fund exclusively for purposes of the program.
7655 (ii) The department may use money in the program fund to cover its costs of
7656 administering the program.
7657 (b) Money that the Legislature appropriates to the program fund is nonlapsing in
7658 accordance with Section 63J-1-602.1.
7659 (c) Any interest earned on money in the program fund shall be deposited to the General
7660 Fund.
7661 Section 234. Section 26B-7-112, which is renumbered from Section 26-1-42 is
7662 renumbered and amended to read:
7663 [
7664 (1) Any time the United States Department of Health and Human Services accepts
7665 grant applications, the department shall apply for a grant under Title X of the Public Health
7666 Service Act, 42 U.S.C. Sec. 300 et seq.
7667 (2) (a) As part of the application described in Subsection (1), the department shall
7668 request that the United States Department of Health and Human Services waive the
7669 requirement of the department to comply with requirements found in 42 C.F.R. Sec. 59.5(a)(4)
7670 pertaining to providing certain services to a minor without parental consent.
7671 (b) If the department's application described in Subsection (1) is denied, and at such
7672 time the United States Department of Health and Human Services creates a waiver application
7673 process, the department shall apply for a waiver from compliance with the requirements found
7674 in 42 C.F.R. Sec. 59.5(a)(4) pertaining to providing certain services to a minor without parental
7675 consent in order to be eligible for a grant under Title X of the Public Health Service Act, 42
7676 U.S.C. Sec. 300 et seq.
7677 (3) If the department receives a grant under Subsection (1), the department shall
7678 prioritize disbursement of grant funds in the prioritization order described in Subsection (4).
7679 (4) (a) (i) When disbursing grant funds, the department shall give first priority to
7680 nonpublic entities that provide family planning services as well as other comprehensive
7681 services to enable women to give birth and parent or place for adoption.
7682 (ii) The department shall give preference to entities described in Subsection (4)(a)(i)
7683 that:
7684 (A) expand availability of prenatal and postnatal care in low-income and under-served
7685 areas of the state;
7686 (B) provide support for a woman to carry a baby to term;
7687 (C) emphasize the health and viability of the fetus; and
7688 (D) provide education and maternity support.
7689 (iii) If the department receives applications from qualifying nonpublic entities as
7690 described in Subsection (4)(a), the department shall disburse all of the grant funds to qualifying
7691 nonpublic entities described in Subsection (4)(a).
7692 (b) If grant funds are not exhausted under Subsection (4)(a), or if no entity qualifies for
7693 grant funding under the criteria described in Subsection (4)(a), the department shall give
7694 second priority for grant funds to nonpublic entities that provide:
7695 (i) family planning services; and
7696 (ii) required primary health services as described in 42 U.S.C. Sec. 254b(b)(1)(A).
7697 (c) If grant funds are not exhausted under Subsections (4)(a) and (b), or if no entity
7698 qualifies for grant funding under the criteria described in Subsection (4)(a) or (b), the
7699 department shall give third priority for grant funds to public entities that provide family
7700 planning services, including state, county, or local community health clinics, and community
7701 action organizations.
7702 (d) If grant funds are not exhausted under Subsections (4)(a), (b), and (c), or if no
7703 entity qualifies for grant funding under the criteria described in Subsection (4)(a), (b), or (c),
7704 the department shall give fourth priority for grant funds to nonpublic entities that provide
7705 family planning services but do not provide required primary health services as described in 42
7706 U.S.C. Sec. 254b(b)(1)(A).
7707 Section 235. Section 26B-7-113, which is renumbered from Section 26-7-1 is
7708 renumbered and amended to read:
7709 [
7710 Education of public -- Establishment of programs.
7711 The department shall identify the major risk factors contributing to injury, sickness,
7712 death, and disability within the state and where it determines that a need exists, educate the
7713 public regarding these risk factors, and the department may establish programs to reduce or
7714 eliminate these factors except that such programs may not be established if adequate programs
7715 exist in the private sector.
7716 Section 236. Section 26B-7-114, which is renumbered from Section 26-7-2 is
7717 renumbered and amended to read:
7718 [
7719 (1) As used in this section:
7720 (a) "Multicultural or minority health issue" means a health issue, including a mental
7721 and oral health issue, of particular interest to cultural, ethnic, racial, or other subpopulations,
7722 including:
7723 (i) disparities in:
7724 (A) disease incidence, prevalence, morbidity, mortality, treatment, and treatment
7725 response; and
7726 (B) access to care; and
7727 (ii) cultural competency in the delivery of health care.
7728 (b) "Office" means the Office of Health Disparities Reduction created in this section.
7729 (2) There is created within the department the Office of Health Disparities Reduction.
7730 (3) The office shall:
7731 (a) promote and coordinate the research, data production, dissemination, education,
7732 and health promotion activities of the following that relate to a multicultural or minority health
7733 issue:
7734 (i) the department;
7735 (ii) local health departments;
7736 (iii) local mental health authorities;
7737 (iv) public schools;
7738 (v) community-based organizations; and
7739 (vi) other organizations within the state;
7740 (b) assist in the development and implementation of one or more programs to address a
7741 multicultural or minority health issue;
7742 (c) promote the dissemination and use of information on a multicultural or minority
7743 health issue by minority populations, health care providers, and others;
7744 (d) seek federal funding and other resources to accomplish the office's mission;
7745 (e) provide technical assistance to organizations within the state seeking funding to
7746 study or address a multicultural or minority health issue;
7747 (f) develop and increase the capacity of the office to:
7748 (i) ensure the delivery of qualified timely culturally appropriate translation services
7749 across department programs; and
7750 (ii) provide, when appropriate, linguistically competent translation and communication
7751 services for limited English proficiency individuals;
7752 (g) provide staff assistance to any advisory committee created by the department to
7753 study a multicultural or minority health issue; and
7754 (h) annually report to the Legislature on its activities and accomplishments.
7755 Section 237. Section 26B-7-115, which is renumbered from Section 26-7-4 is
7756 renumbered and amended to read:
7757 [
7758 (1) As used in this section, "URADD" means the Utah Registry of Autism and
7759 Developmental Disabilities.
7760 (2) The department may enter into an agreement with:
7761 (a) the University of Utah or another person for the operation of URADD; and
7762 (b) a person to conduct a public education campaign to:
7763 (i) improve public awareness of the early warning signs of autism spectrum disorders
7764 and developmental disabilities; and
7765 (ii) promote the early identification of autism spectrum disorders and developmental
7766 disabilities.
7767 (3) URADD shall consist of a database that collects information on people in the state
7768 who have an autism spectrum disorder or a developmental disability.
7769 (4) The purpose of URADD is to assist health care providers to:
7770 (a) determine the risk factors and causes of autism spectrum disorders and
7771 developmental disabilities;
7772 (b) plan for and develop resources, therapies, methods of diagnoses, and other services
7773 for people with an autism spectrum disorder or a developmental disability;
7774 (c) facilitate measuring and tracking of treatment outcomes;
7775 (d) gather statistics relating to autism spectrum disorders and developmental
7776 disabilities; and
7777 (e) improve coordination and cooperation between agencies and other programs that
7778 provide services to people with an autism spectrum disorder or a developmental disability.
7779 Section 238. Section 26B-7-116, which is renumbered from Section 26-7-7 is
7780 renumbered and amended to read:
7781 [
7782 The department shall, in consultation with the Division of Waste Management and
7783 Radiation Control, develop a statewide electronic awareness campaign to educate the public
7784 regarding:
7785 (1) the existence and prevalence of radon gas in buildings and structures;
7786 (2) the health risks associated with radon gas;
7787 (3) options for radon gas testing; and
7788 (4) options for radon gas remediation.
7789 Section 239. Section 26B-7-117, which is renumbered from Section 26-7-8 is
7790 renumbered and amended to read:
7791 [
7792 (1) The following may operate a syringe exchange program in the state to prevent the
7793 transmission of disease and reduce morbidity and mortality among individuals who inject
7794 drugs, and those individuals' contacts:
7795 (a) a government entity, including:
7796 (i) the department;
7797 (ii) a local health department[
7798 (iii) the Division of [
7799
7800 (iv) a local substance abuse authority, as defined in Section [
7801 (b) a nongovernment entity, including:
7802 (i) a nonprofit organization; or
7803 (ii) a for-profit organization; or
7804 (c) any other entity that complies with Subsections (2) and (4).
7805 (2) An entity operating a syringe exchange program in the state shall:
7806 (a) facilitate the exchange of an individual's used syringe for one or more new syringes
7807 in sealed sterile packages;
7808 (b) ensure that a recipient of a new syringe is given verbal and written instruction on:
7809 (i) methods for preventing the transmission of blood-borne diseases, including hepatitis
7810 C and human immunodeficiency virus; and
7811 (ii) options for obtaining:
7812 (A) services for the treatment of a substance use disorder;
7813 (B) testing for a blood-borne disease; and
7814 (C) an opiate antagonist [
7815 (c) report annually to the department the following information about the program's
7816 activities:
7817 (i) the number of individuals who have exchanged syringes;
7818 (ii) the number of used syringes exchanged for new syringes; and
7819 (iii) the number of new syringes provided in exchange for used syringes.
7820 (3) No later than October 1, 2017, and every two years thereafter, the department shall
7821 report to the Legislature's Health and Human Services Interim Committee on:
7822 (a) the activities and outcomes of syringe programs operating in the state, including:
7823 (i) the number of individuals who have exchanged syringes;
7824 (ii) the number of used syringes exchanged for new syringes;
7825 (iii) the number of new syringes provided in exchange for used syringes;
7826 (iv) the impact of the programs on blood-borne infection rates; and
7827 (v) the impact of the programs on the number of individuals receiving treatment for a
7828 substance use disorder;
7829 (b) the potential for additional reductions in the number of syringes contaminated with
7830 blood-borne disease if the programs receive additional funding;
7831 (c) the potential for additional reductions in state and local government spending if the
7832 programs receive additional funding;
7833 (d) whether the programs promote illicit use of drugs; and
7834 (e) whether the programs should be continued, continued with modifications, or
7835 terminated.
7836 (4) The department shall make rules, in accordance with Title 63G, Chapter 3, Utah
7837 Administrative Rulemaking Act, specifying how and when an entity operating a syringe
7838 exchange program shall make the report required by Subsection (2)(c).
7839 Section 240. Section 26B-7-118, which is renumbered from Section 26-7-9 is
7840 renumbered and amended to read:
7841 [
7842 vaccine-preventable diseases.
7843 (1) As used in this section:
7844 (a) "Health care provider" means the same as that term is defined in Section
7845 78B-3-403.
7846 (b) "Nonimmune" means that a child or an individual:
7847 (i) has not received each vaccine required in Section 53G-9-305 and has not developed
7848 a natural immunity through previous illness to a vaccine-preventable disease, as documented
7849 by a health care provider;
7850 (ii) cannot receive each vaccine required in Section 53G-9-305; or
7851 (iii) is otherwise known to not be immune to a vaccine-preventable disease.
7852 (c) "Vaccine-preventable disease" means an infectious disease that can be prevented by
7853 a vaccination required in Section 53G-9-305.
7854 (2) The department shall develop an online education module regarding
7855 vaccine-preventable diseases:
7856 (a) to assist a parent of a nonimmune child to:
7857 (i) recognize the symptoms of vaccine-preventable diseases;
7858 (ii) respond in the case of an outbreak of a vaccine-preventable disease;
7859 (iii) protect children who contract a vaccine-preventable disease; and
7860 (iv) prevent the spread of vaccine-preventable diseases;
7861 (b) that contains only the following:
7862 (i) information about vaccine-preventable diseases necessary to achieve the goals
7863 stated in Subsection (2)(a), including the best practices to prevent the spread of
7864 vaccine-preventable diseases;
7865 (ii) recommendations to reduce the likelihood of a nonimmune individual contracting
7866 or transmitting a vaccine-preventable disease; and
7867 (iii) information about additional available resources related to vaccine-preventable
7868 diseases and the availability of low-cost vaccines;
7869 (c) that includes interactive questions or activities; and
7870 (d) that is expected to take an average user 20 minutes or less to complete, based on
7871 user testing.
7872 (3) In developing the online education module described in Subsection (2), the
7873 department shall consult with individuals interested in vaccination or vaccine-preventable
7874 diseases, including:
7875 (a) representatives from organizations of health care professionals; and
7876 (b) parents of nonimmune children.
7877 (4) The department shall make the online education module described in Subsection
7878 (2) publicly available to parents through:
7879 (a) a link on the department's website;
7880 (b) county health departments, as that term is defined in Section 26A-1-102;
7881 (c) local health departments, as that term is defined in Section 26A-1-102;
7882 (d) local education agencies, as that term is defined in Section 53E-1-102; and
7883 (e) other public health programs or organizations.
7884 Section 241. Section 26B-7-119, which is renumbered from Section 26-7-11 is
7885 renumbered and amended to read:
7886 [
7887 (1) As used in this section, "Hepatitis C outreach organization" means a private
7888 nonprofit organization that:
7889 (a) has an established relationship with individuals who are at risk of acquiring acute
7890 Hepatitis C;
7891 (b) helps individuals who need Hepatitis C treatment, but who do not qualify for
7892 payment of the treatment by the Medicaid program or another health insurer, to obtain
7893 treatment;
7894 (c) has the infrastructure necessary for conducting Hepatitis C assessment, testing, and
7895 diagnosis, including clinical staff with the training and ability to provide:
7896 (i) specimen collection for Hepatitis C testing;
7897 (ii) clinical assessments;
7898 (iii) consultation regarding blood-borne diseases; and
7899 (iv) case management services for patient support during Hepatitis C treatment; or
7900 (d) has a partnership with a health care facility that can provide clinical follow-up and
7901 medical treatment following Hepatitis C rapid antibody testing and confirmatory testing.
7902 (2) There is created within the department the Hepatitis C Outreach Pilot Program.
7903 (3) Before September 1, 2020, the department shall, as funding permits, make grants to
7904 Hepatitis C outreach organizations in accordance with criteria established by the department
7905 under Subsection (4).
7906 (4) Before July 1, 2020, the department shall make rules, in accordance with Title 63G,
7907 Chapter 3, Utah Administrative Rulemaking Act, to:
7908 (a) create application requirements for a grant from the program;
7909 (b) establish criteria for determining:
7910 (i) whether a grant is awarded, including criteria that ensure grants are awarded to areas
7911 of the state, including rural areas, that would benefit most from the grant; and
7912 (ii) the amount of a grant; and
7913 (c) specify reporting requirements for the recipient of a grant under this section.
7914 (5) Before October 1, 2021, and before October 1 every year thereafter, the department
7915 shall submit a report to the Health and Human Services Interim Committee and the Social
7916 Services Appropriations Subcommittee on the outcomes of the Hepatitis C Outreach Pilot
7917 Program.
7918 Section 242. Section 26B-7-201, which is renumbered from Section 26-6-2 is
7919 renumbered and amended to read:
7920
7921
7922 [
7923 As used in this [
7924 (1) "Ambulatory surgical center" [
7925 Section [
7926 (2) "Carrier" means an infected individual or animal who harbors a specific infectious
7927 agent in the absence of discernible clinical disease and serves as a potential source of infection
7928 for man. The carrier state may occur in an individual with an infection that is inapparent
7929 throughout its course, commonly known as healthy or asymptomatic carrier, or during the
7930 incubation period, convalescence, and postconvalescence of an individual with a clinically
7931 recognizable disease, commonly known as incubatory carrier or convalescent carrier. Under
7932 either circumstance the carrier state may be of short duration, as a temporary or transient
7933 carrier, or long duration, as a chronic carrier.
7934 (3) "Communicable disease" means illness due to a specific infectious agent or its toxic
7935 products which arises through transmission of that agent or its products from a reservoir to a
7936 susceptible host, either directly, as from an infected individual or animal, or indirectly, through
7937 an intermediate plant or animal host, vector, or the inanimate environment.
7938 (4) "Communicable period" means the time or times during which an infectious agent
7939 may be transferred directly or indirectly from an infected individual to another individual, from
7940 an infected animal to [
7941 arthropods.
7942 (5) "Contact" means an individual or animal having had association with an infected
7943 individual, animal, or contaminated environment so as to have had an opportunity to acquire
7944 the infection.
7945 (6) "End stage renal disease facility" is as defined in Section [
7946 (7) (a) "Epidemic" means the occurrence or outbreak in a community or region of cases
7947 of an illness clearly in excess of normal expectancy and derived from a common or propagated
7948 source.
7949 (b) The number of cases indicating an epidemic will vary according to the infectious
7950 agent, size, and type of population exposed, previous experience or lack of exposure to the
7951 disease, and time and place of occurrence.
7952 (c) Epidemicity is considered to be relative to usual frequency of the disease in the
7953 same area, among the specified population, at the same season of the year.
7954 (8) "General acute hospital" is as defined in Section [
7955 (9) "Incubation period" means the time interval between exposure to an infectious
7956 agent and appearance of the first sign or symptom of the disease in question.
7957 (10) "Infected individual" means an individual who harbors an infectious agent and
7958 who has manifest disease or inapparent infection. An infected individual is one from whom the
7959 infectious agent can be naturally acquired.
7960 (11) "Infection" means the entry and development or multiplication of an infectious
7961 agent in the body of man or animals. Infection is not synonymous with infectious disease; the
7962 result may be inapparent or manifest. The presence of living infectious agents on exterior
7963 surfaces of the body, or upon articles of apparel or soiled articles, is not infection, but
7964 contamination of such surfaces and articles.
7965 (12) "Infectious agent" means an organism such as a virus, rickettsia, bacteria, fungus,
7966 protozoan, or helminth that is capable of producing infection or infectious disease.
7967 (13) "Infectious disease" means a disease of man or animals resulting from an
7968 infection.
7969 (14) "Isolation" means the separation, for the period of communicability, of infected
7970 individuals or animals from others, in such places and under such conditions as to prevent the
7971 direct or indirect conveyance of the infectious agent from those infected to those who are
7972 susceptible or who may spread the agent to others.
7973 (15) "Order of constraint" means the same as that term is defined in Section
7974 [
7975 (16) "Quarantine" means the restriction of the activities of well individuals or animals
7976 who have been exposed to a communicable disease during its period of communicability to
7977 prevent disease transmission.
7978 (17) "School" means a public, private, or parochial nursery school, licensed or
7979 unlicensed day care center, child care facility, family care home, headstart program,
7980 kindergarten, elementary, or secondary school through grade 12.
7981 (18) "Sexually transmitted disease" means those diseases transmitted through sexual
7982 intercourse or any other sexual contact.
7983 (19) "Specialty hospital" is as defined in Section [
7984 Section 243. Section 26B-7-202, which is renumbered from Section 26-6-3 is
7985 renumbered and amended to read:
7986 [
7987 and communicable disease.
7988 (1) Subject to Subsection (3) and the restrictions in this title, the department has
7989 authority to investigate and control the causes of epidemic infections and communicable
7990 disease, and shall provide for the detection, reporting, prevention, and control of communicable
7991 diseases and epidemic infections or any other health hazard which may affect the public health.
7992 (2) (a) As part of the requirements of Subsection (1), the department shall distribute to
7993 the public and to health care professionals:
7994 (i) medically accurate information about sexually transmitted diseases that may cause
7995 infertility and sterility if left untreated, including descriptions of:
7996 (A) the probable side effects resulting from an untreated sexually transmitted disease,
7997 including infertility and sterility;
7998 (B) medically accepted treatment for sexually transmitted diseases;
7999 (C) the medical risks commonly associated with the medical treatment of sexually
8000 transmitted diseases; and
8001 (D) suggested screening by a private physician or physician assistant; and
8002 (ii) information about:
8003 (A) public services and agencies available to assist individuals with obtaining
8004 treatment for the sexually transmitted disease;
8005 (B) medical assistance benefits that may be available to the individual with the
8006 sexually transmitted disease; and
8007 (C) abstinence before marriage and fidelity after marriage being the surest prevention
8008 of sexually transmitted disease.
8009 (b) The information required by Subsection (2)(a):
8010 (i) shall be distributed by the department and by local health departments free of
8011 charge;
8012 (ii) shall be relevant to the geographic location in which the information is distributed
8013 by:
8014 (A) listing addresses and telephone numbers for public clinics and agencies providing
8015 services in the geographic area in which the information is distributed; and
8016 (B) providing the information in English as well as other languages that may be
8017 appropriate for the geographic area.
8018 (c) (i) Except as provided in Subsection (2)(c)(ii), the department shall develop written
8019 material that includes the information required by this Subsection (2).
8020 (ii) In addition to the written materials required by Subsection (2)(c)(i), the department
8021 may distribute the information required by this Subsection (2) by any other methods the
8022 department determines is appropriate to educate the public, excluding public schools, including
8023 websites, toll free telephone numbers, and the media.
8024 (iii) If the information required by Subsection (2)(b)(ii)(A) is not included in the
8025 written pamphlet developed by the department, the written material shall include either a
8026 website, or a 24-hour toll free telephone number that the public may use to obtain that
8027 information.
8028 (3) (a) The Legislature may at any time terminate by joint resolution an order of
8029 constraint issued by the department as described in this section in response to a declared public
8030 health emergency.
8031 (b) A county governing body may at any time terminate by majority vote an order of
8032 constraint issued by the relevant local health department as described in this section in response
8033 to a declared public health emergency.
8034 Section 244. Section 26B-7-203, which is renumbered from Section 26-6-3.5 is
8035 renumbered and amended to read:
8036 [
8037 testing.
8038 (1) Because of the nature and consequences of Acquired Immunodeficiency Syndrome
8039 and Human Immunodeficiency Virus infection, the department shall:
8040 (a) require reporting of those conditions; and
8041 (b) utilize contact tracing and other methods for "partner" identification and
8042 notification. The department shall, by rule, define individuals who are considered "partners" for
8043 purposes of this section.
8044 (2) (a) The requirements of Subsection (1) do not apply to seroprevalence and other
8045 epidemiological studies conducted by the department.
8046 (b) The requirements of Subsection (1) do not apply to, and anonymity shall be
8047 provided in, research studies conducted by universities or hospitals, under the authority of
8048 institutional review boards if those studies are funded in whole or in part by research grants and
8049 if anonymity is required in order to obtain the research grant or to carry out the research.
8050 (3) For all purposes of this [
8051 Human Immunodeficiency Virus infection are considered communicable and infectious
8052 diseases.
8053 (4) The department may establish or allow one site or agency within the state to
8054 provide anonymous testing.
8055 (a) The site or agency that provides anonymous testing shall maintain accurate records
8056 regarding:
8057 (i) the number of HIV positive individuals that it is able to contact or inform of their
8058 condition;
8059 (ii) the number of HIV positive individuals who receive extensive counseling;
8060 (iii) how many HIV positive individuals provide verifiable information for partner
8061 notification; and
8062 (iv) how many cases in which partner notification is carried through.
8063 (b) If the information maintained under Subsection (4)(a) indicates anonymous testing
8064 is not resulting in partner notification, the department shall phase out the anonymous testing
8065 program allowed by this Subsection (4).
8066 Section 245. Section 26B-7-204, which is renumbered from Section 26-6-4 is
8067 renumbered and amended to read:
8068 [
8069 quarantine.
8070 (1) The following individuals or groups of individuals are subject to examination,
8071 treatment, quarantine, or isolation under a department order of restriction:
8072 (a) an individual who is infected or suspected to be infected with a communicable
8073 disease that poses a threat to the public health and who does not take action as required by the
8074 department or the local health department to prevent spread of the disease;
8075 (b) an individual who is contaminated or suspected to be contaminated with an
8076 infectious agent that poses a threat to the public health and that could be spread to others if
8077 remedial action is not taken;
8078 (c) an individual who is in a condition or suspected condition which, if exposed to
8079 others, poses a threat to public health, or is in a condition which if treatment is not completed
8080 will pose a threat to public health; and
8081 (d) an individual who is contaminated or suspected to be contaminated with a chemical
8082 or biological agent that poses a threat to the public health and that could be spread to others if
8083 remedial action is not taken.
8084 (2) If an individual refuses to take action as required by the department or the local
8085 health department to prevent the spread of a communicable disease, infectious agent, or
8086 contamination, the department or the local health department may order involuntary
8087 examination, treatment, quarantine, or isolation of the individual and may petition the [
8088 court to order involuntary examination, treatment, quarantine, or isolation in accordance with
8089 [
8090 Procedures for Communicable Diseases.
8091 Section 246. Section 26B-7-205, which is renumbered from Section 26-6-5 is
8092 renumbered and amended to read:
8093 [
8094 misdemeanor.
8095 Any person who willfully or knowingly introduces any communicable or infectious
8096 disease into any county, municipality, or community is guilty of a class A misdemeanor, except
8097 as provided in Section 76-10-1309.
8098 Section 247. Section 26B-7-206, which is renumbered from Section 26-6-6 is
8099 renumbered and amended to read:
8100 [
8101 communicable disease.
8102 The following shall report to the department or the local health department regarding
8103 any individual suffering from or suspected of having a disease that is communicable, as
8104 required by department rule:
8105 (1) health care providers as defined in Section 78B-3-403;
8106 (2) facilities licensed under [
8107 Facility Licensing and Inspection [
8108 (3) health care facilities operated by the federal government;
8109 (4) mental health facilities;
8110 (5) care facilities licensed by the [
8111 (6) nursing homes and other care facilities;
8112 (7) dispensaries, clinics, or laboratories that diagnose, test, or otherwise care for
8113 individuals who are suffering from a disease suspected of being communicable;
8114 (8) individuals who have knowledge of others who have a communicable disease;
8115 (9) individuals in charge of schools having responsibility for any individuals who have
8116 a disease suspected of being communicable; and
8117 (10) child care programs, as defined in Section [
8118 Section 248. Section 26B-7-207, which is renumbered from Section 26-6-7 is
8119 renumbered and amended to read:
8120 [
8121 Establishment of rules for detection, reporting, investigation, prevention, and control.
8122 The department may designate those diseases which are communicable, of concern to
8123 the public health, and reportable; and establish rules for the detection, reporting, investigation,
8124 prevention, and control of communicable diseases, epidemic infections, and other health
8125 hazards that affect the public health.
8126 Section 249. Section 26B-7-208, which is renumbered from Section 26-6-8 is
8127 renumbered and amended to read:
8128 [
8129 control, and monitor.
8130 (1) The department shall conduct or oversee the investigation, control, and monitoring
8131 of suspected or confirmed tuberculosis infection and disease within the state. Local health
8132 departments shall investigate, control, and monitor suspected or confirmed tuberculosis
8133 infection and disease within their respective jurisdictions.
8134 (2) A health care provider who treats an individual with suspected or confirmed
8135 tuberculosis shall treat the individual according to guidelines established by the department.
8136 Section 250. Section 26B-7-209, which is renumbered from Section 26-6-9 is
8137 renumbered and amended to read:
8138 [
8139 Individuals at high risk for tuberculosis shall be tested as required by department rule[
8140
8141 (1) shall establish criteria to identify individuals who are at high risk for tuberculosis;
8142 and
8143 (2) may establish who is responsible for the costs of the testing.
8144 Section 251. Section 26B-7-210, which is renumbered from Section 26-6-11 is
8145 renumbered and amended to read:
8146 [
8147 order of quarantine.
8148 (1) As used in this section, "quarantine" means strict confinement upon the private
8149 premises of the owners, under restraint by leash, closed cage or paddock of all animals
8150 specified by the order.
8151 (2) (a) Whenever rabies or any other animal disease dangerous to the health of human
8152 beings is reported, the department shall investigate to determine whether such disease exists,
8153 and the probable area of the state in which man or beast is thereby endangered.
8154 (b) If the department finds that such disease exists, a quarantine may be declared
8155 against all animals designated in the quarantine order and within the area specified in the order.
8156 (c) If the quarantine is for the purpose of preventing the spread of rabies or
8157 hydrophobia, the order shall contain a warning to the owners of dogs within the quarantined
8158 area to confine or muzzle all dogs to prevent biting.
8159 (d) Any dog not muzzled found running at large in a quarantined area or any dog
8160 known to have been removed from or escaped from such area, may be killed by any person
8161 without liability therefor.
8162 (3) Following the order of quarantine the department shall make a thorough
8163 investigation as to the extent of the disease, the probable number of persons and beasts
8164 exposed, and the area involved.
8165 (4) During the period any quarantine order is in force all peace officers may kill or
8166 capture and hold for further action by the department all animals in a quarantined area not held
8167 in restraint on private premises.
8168 Section 252. Section 26B-7-211, which is renumbered from Section 26-6-15 is
8169 renumbered and amended to read:
8170 [
8171 violation of part a misdemeanor.
8172 Any person in possession of any animal being held in violation of this [
8173 guilty of a class C misdemeanor.
8174 Section 253. Section 26B-7-212, which is renumbered from Section 26-6-16 is
8175 renumbered and amended to read:
8176 [
8177 public health.
8178 Syphilis, gonorrhea, lymphogranuloma inguinale (venereum) and chancroid are hereby
8179 declared to be contagious, infectious, communicable and dangerous to the public health.
8180 Section 254. Section 26B-7-213, which is renumbered from Section 26-6-17 is
8181 renumbered and amended to read:
8182 [
8183 authorities -- Treatment of infected persons.
8184 State, county, and municipal health officers within their respective jurisdictions may
8185 make examinations of persons reasonably suspected of being infected with venereal disease.
8186 Persons infected with venereal disease shall be required to report for treatment to either a
8187 reputable physician or physician assistant and continue treatment until cured or to submit to
8188 treatment provided at public expense until cured.
8189 Section 255. Section 26B-7-214, which is renumbered from Section 26-6-18 is
8190 renumbered and amended to read:
8191 [
8192 treatment.
8193 (1) A consent to medical care or services by a hospital or public clinic or the
8194 performance of medical care or services by a licensed physician or physician assistant executed
8195 by a minor who is or professes to be afflicted with a sexually transmitted disease, shall have the
8196 same legal effect upon the minor and the same legal obligations with regard to the giving of
8197 consent as a consent given by a person of full legal age and capacity, the infancy of the minor
8198 and any contrary provision of law notwithstanding.
8199 (2) The consent of the minor is not subject to later disaffirmance by reason of minority
8200 at the time it was given and the consent of no other person or persons shall be necessary to
8201 authorize hospital or clinical care or services to be provided to the minor by a licensed
8202 physician or physician assistant.
8203 (3) The provisions of this section shall apply also to minors who profess to be in need
8204 of hospital or clinical care and services or medical care or services provided by a physician or
8205 physician assistant for suspected sexually transmitted disease, regardless of whether such
8206 professed suspicions are subsequently substantiated on a medical basis.
8207 Section 256. Section 26B-7-215, which is renumbered from Section 26-6-19 is
8208 renumbered and amended to read:
8209 [
8210 treatment of persons in prison or jail.
8211 (1) (a) All persons confined in any state, county, or city prison or jail shall be
8212 examined, and if infected, treated for venereal diseases by the health authorities.
8213 (b) The prison authorities of every state, county, or city prison or jail shall make
8214 available to the health authorities such portion of the prison or jail as may be necessary for a
8215 clinic or hospital wherein all persons suffering with venereal disease at the time of the
8216 expiration of their terms of imprisonment, shall be isolated and treated at public expense until
8217 cured.
8218 (2) (a) The department may require persons suffering with venereal disease at the time
8219 of the expiration of their terms of imprisonment to report for treatment to a licensed physician
8220 or physician assistant or submit to treatment provided at public expense in lieu of isolation.
8221 (b) Nothing in this section shall interfere with the service of any sentence imposed by a
8222 court as a punishment for the commission of crime.
8223 Section 257. Section 26B-7-216, which is renumbered from Section 26-6-20 is
8224 renumbered and amended to read:
8225 [
8226 women.
8227 (1) As used in this section, a "standard serological test" means a test for syphilis
8228 approved by the department and made at an approved laboratory.
8229 [
8230 delivered woman for conditions relating to her pregnancy shall take or cause to be taken a
8231 sample of blood of the woman at the time of first examination or within 10 days thereafter.
8232 (b) The blood sample shall be submitted to an approved laboratory for a standard
8233 serological test for syphilis.
8234 (c) The provisions of this section do not apply to any female who objects thereto on the
8235 grounds that she is a bona fide member of a specified, well recognized religious organization
8236 whose teachings are contrary to the tests.
8237 [
8238 is not permitted by law to take blood samples, shall within 10 days from the time of first
8239 attendance cause a sample of blood to be taken by a licensed physician or physician assistant.
8240 (b) The blood sample shall be submitted to an approved laboratory for a standard
8241 serological test for syphilis.
8242 [
8243 according to its rules governing the approval of laboratories for the purpose of this title.
8244 (b) In submitting the sample to the laboratory the physician or physician assistant shall
8245 designate whether it is a prenatal test or a test following recent delivery.
8246 [
8247
8248 (5) The laboratory shall transmit a detailed report of the standard serological test,
8249 showing the result thereof to the physician or physician assistant.
8250 Section 258. Section 26B-7-217, which is renumbered from Section 26-6-27 is
8251 renumbered and amended to read:
8252 [
8253 diseases confidentiality -- Exceptions.
8254 (1) (a) Information collected [
8255 of the department or local health departments relating to an individual who has or is suspected
8256 of having a disease designated by the department as a communicable or reportable disease
8257 under this [
8258 confidential.
8259 (b) The department and local health departments may not release or make public that
8260 information upon subpoena, search warrant, discovery proceedings, or otherwise, except as
8261 provided by this section.
8262 (2) The information described in Subsection (1) may be released by the department or
8263 local health departments only in accordance with the requirements of this [
8264 follows:
8265 (a) specific medical or epidemiological information may be released with the written
8266 consent of the individual identified in that information or, if that individual is deceased, [
8267 the individual's next-of-kin;
8268 (b) specific medical or epidemiological information may be released to medical
8269 personnel or peace officers in a medical emergency, as determined by the department in
8270 accordance with guidelines it has established, only to the extent necessary to protect the health
8271 or life of the individual identified in the information, or of the attending medical personnel or
8272 law enforcement or public safety officers;
8273 (c) specific medical or epidemiological information may be released to authorized
8274 personnel within the department, local health departments, public health authorities, official
8275 health agencies in other states, the United States Public Health Service, the Centers for Disease
8276 Control and Prevention, or when necessary to continue patient services or to undertake public
8277 health efforts to interrupt the transmission of disease;
8278 (d) if the individual identified in the information is under the age of 18, the information
8279 may be released to the Division of Child and Family Services within the [
8280
8281 is required in a court proceeding involving child abuse or sexual abuse under Title 76, Chapter
8282 5, Offenses Against the Individual, the information shall be disclosed in camera and sealed by
8283 the court upon conclusion of the proceedings;
8284 (e) specific medical or epidemiological information may be released to authorized
8285 personnel in the department or in local health departments, and to the courts, to carry out the
8286 provisions of this title, and rules adopted by the department in accordance with this title;
8287 (f) specific medical or epidemiological information may be released to blood banks,
8288 organ and tissue banks, and similar institutions for the purpose of identifying individuals with
8289 communicable diseases. The department may, by rule, designate the diseases about which
8290 information may be disclosed under this subsection, and may choose to release the name of an
8291 infected individual to those organizations without disclosing the specific disease;
8292 (g) specific medical or epidemiological information may be released in such a way that
8293 no individual is identifiable;
8294 (h) specific medical or epidemiological information may be released to a [
8295 provider[
8296 who have a legitimate need to have access to the information in order to assist the patient, or to
8297 protect the health of others closely associated with the patient;
8298 (i) specific medical or epidemiological information regarding a health care provider, as
8299 defined in Section 78B-3-403, may be released to the department, the appropriate local health
8300 department, and the Division of Professional Licensing within the Department of Commerce, if
8301 the identified health care provider is endangering the safety or life of any individual by his
8302 continued practice of health care;
8303 (j) specific medical or epidemiological information may be released in accordance with
8304 Section [
8305 (k) specific medical or epidemiological information may be released to a state agency
8306 as defined in Section 67-27-102, to perform the analysis described in Subsection [
8307 26B-7-222(4) if the state agency agrees to act in accordance with the requirements in this
8308 [
8309 (3) The provisions of Subsection (2)(h) do not create a duty to warn third parties, but is
8310 intended only to aid health care providers in their treatment and containment of infectious
8311 disease.
8312 Section 259. Section 26B-7-218, which is renumbered from Section 26-6-28 is
8313 renumbered and amended to read:
8314 [
8315 Exceptions.
8316 (1) Except as provided in Subsection (2), an officer or employee of the department or
8317 of a local health department may not be examined in a legal proceeding of any kind or
8318 character as to the existence or content of information retained pursuant to this [
8319 obtained as a result of an investigation conducted pursuant to this [
8320 written consent of the individual who is identified in the information or, if that individual is
8321 deceased, the consent of [
8322 (2) This section does not restrict testimony and evidence provided by an employee or
8323 officer of the department or a local health department about:
8324 (a) persons who are under restrictive actions taken by the department in accordance
8325 with Subsection [
8326 (b) individuals or groups of individuals subject to examination, treatment, isolation,
8327 and quarantine actions under [
8328 Isolation, and Quarantine Procedures for Communicable Diseases.
8329 Section 260. Section 26B-7-219, which is renumbered from Section 26-6-29 is
8330 renumbered and amended to read:
8331 [
8332 (1) Any individual or entity entitled to receive confidential information from the
8333 [
8334 than the individual identified in that information, who violates this [
8335 or making public confidential information, or by otherwise breaching the confidentiality
8336 requirements of this [
8337 (2) This [
8338 information relating to an individual who has or is suspected of having a disease designated by
8339 the department as a communicable or reportable disease under this [
8340 individual or entity has obtained the information from a source other than the department or a
8341 local health department.
8342 Section 261. Section 26B-7-220, which is renumbered from Section 26-6-30 is
8343 renumbered and amended to read:
8344 [
8345 (1) The provisions of this [
8346 (a) information that relates to an individual who is in the custody of the Department of
8347 Corrections, a county jail, or the Division of Juvenile Justice Services within the [
8348
8349 (b) information that relates to an individual who has been in the custody of the
8350 Department of Corrections, a county jail, or the Division of Juvenile Justice Services within the
8351 [
8352 county, or a division, or of an employee of a department, division, or county, is alleged by that
8353 individual in a lawsuit concerning transmission of an infectious or communicable disease; or
8354 (c) any information relating to an individual who willfully or maliciously or with
8355 reckless disregard for the welfare of others transmits a communicable or infectious disease.
8356 (2) Nothing in this [
8357 information described in Subsection [
8358 Section 262. Section 26B-7-221, which is renumbered from Section 26-6-31 is
8359 renumbered and amended to read:
8360 [
8361 (1) (a) An ambulatory surgical facility, a general acute hospital, a specialty hospital, an
8362 end stage renal disease facility, and other facilities as required by rules of the Center for
8363 Medicare and Medicaid Services shall give the department access to the facility's data on the
8364 incidence and rate of health care associated infections that the facility submits to the National
8365 Healthcare Safety Network in the [
8366 Prevention pursuant to the Center for Medicare and Medicaid Services rules for infection
8367 reporting.
8368 (b) Access to data under this Subsection (1) may include data sharing through the
8369 National Healthcare Safety Network.
8370 (2) (a) The department shall, beginning May 1, 2013, use the data submitted by the
8371 facilities in accordance with Subsection (1) to compile an annual report on health care
8372 associated infections in ambulatory surgical facilities, general acute hospitals, and specialty
8373 hospitals for public distribution in accordance with the requirements of this subsection. The
8374 department shall publish the report on the department's website and the Utah Health Exchange.
8375 (b) The department's report under this section shall:
8376 (i) include the following health care associated infections as required by the Center for
8377 Medicare and Medicaid Services and protocols adopted by the National Healthcare Safety
8378 Network in the [
8379 (A) central line associated bloodstream infections;
8380 (B) catheter associated urinary tract infections;
8381 (C) surgical site infections from procedures on the colon or an abdominal
8382 hysterectomy;
8383 (D) methicillin-resistant staphylococcus aureus bacteremia;
8384 (E) clostridium difficile of the colon; and
8385 (F) other health care associated infections when reporting is required by the Center for
8386 Medicare and Medicaid Services and protocols adopted by the National Healthcare Safety
8387 Network in the [
8388 (ii) include data on the rate of health care associated infections:
8389 (A) for the infection types described in Subsection (2)(b)(i); and
8390 (B) by health care facility or hospital;
8391 (iii) include data on how the rate of health care associated infections in ambulatory
8392 surgical facilities, general acute hospitals, and specialty hospitals compares with the rates in
8393 other states;
8394 (iv) in compiling the report described in Subsection (2)(a), use analytical
8395 methodologies that meet accepted standards of validity and reliability;
8396 (v) clearly identify and acknowledge, in the report, the limitations of the data sources
8397 and analytic methodologies used to develop comparative facility or hospital information;
8398 (vi) decide whether information supplied by a facility or hospital under Subsection (1)
8399 is appropriate to include in the report;
8400 (vii) adjust comparisons among facilities and hospitals for patient case mix and other
8401 relevant factors, when appropriate; and
8402 (viii) control for provider peer groups, when appropriate.
8403 (3) Before posting or releasing the report described in Subsection (2)(a), the
8404 department shall:
8405 (a) disclose to each ambulatory surgical facility, general acute hospital, and specialty
8406 hospital whose data is included in the report:
8407 (i) the entire methodology for analyzing the data; and
8408 (ii) the comparative facility or hospital information and other information the
8409 department has compiled for the facility or hospital; and
8410 (b) give the facility or hospital 30 days to suggest corrections or add explanatory
8411 comments about the data.
8412 (4) The department shall develop and implement effective safeguards to protect against
8413 the unauthorized use or disclosure of ambulatory surgical facility, general acute hospital, and
8414 specialty hospital data, including the dissemination of inconsistent, incomplete, invalid,
8415 inaccurate, or subjective data.
8416 (5) The report described in Subsection (2)(a):
8417 (a) may include data that compare and identify general acute hospitals, ambulatory
8418 surgical centers, and specialty hospitals;
8419 (b) shall contain only statistical, non-identifying information and may not disclose the
8420 identity of:
8421 (i) an employee of an ambulatory surgical facility, a general acute hospital, or a
8422 specialty hospital;
8423 (ii) a patient; or
8424 (iii) a health care provider licensed under Title 58, Occupations and Professions; and
8425 (c) may not be used as evidence in a criminal, civil, or administrative proceeding.
8426 (6) This section does not limit the department's authority to investigate and collect data
8427 regarding infections and communicable diseases under other provisions of state or federal law.
8428 Section 263. Section 26B-7-222, which is renumbered from Section 26-6-32 is
8429 renumbered and amended to read:
8430 [
8431 facilities -- Collection and release of information regarding risk factors and comorbidities
8432 for COVID-19.
8433 (1) As used in this section:
8434 (a) "Care facility" means a facility described in Subsections [
8435 through (6).
8436 (b) "COVID-19" means the same as that term is defined in Section 78B-4-517.
8437 (2) (a) At the request of the department or a local health department, an individual who
8438 meets the criteria established by the department under Subsection (2)(b) shall submit to testing
8439 for COVID-19.
8440 (b) The department:
8441 (i) shall establish protocols to identify and test individuals who are present at a care
8442 facility and are at high risk for contracting COVID-19;
8443 (ii) may establish criteria to identify care facilities where individuals are at high risk for
8444 COVID-19; and
8445 (iii) may establish who is responsible for the costs of the testing.
8446 (c) (i) The protocols described in Subsection (2)(b)(i) shall:
8447 (A) notwithstanding Subsection (2)(a), permit an individual who is a resident of a care
8448 facility to refuse testing; and
8449 (B) specify criteria for when an individual's refusal to submit to testing under
8450 Subsection (2)(c)(i)(A) endangers the health or safety of other individuals at the care facility.
8451 (ii) Notwithstanding any other provision of state law, a care facility may discharge a
8452 resident who declines testing requested by the department under Subsection (2)(a) if:
8453 (A) under the criteria specified by the department under Subsection (2)(c)(i)(B), the
8454 resident's refusal to submit to testing endangers the health or safety of other individuals at the
8455 care facility; and
8456 (B) discharging the resident does not violate federal law.
8457 (3) The department may establish protocols to collect information regarding the
8458 individual's age and relevant comorbidities from an individual who receives a positive test
8459 result for COVID-19.
8460 (4) (a) The department shall publish deidentified information regarding comorbidities
8461 and other risk factors for COVID-19 in a manner that is accessible to the public.
8462 (b) The department may work with a state agency as defined in Section 67-27-102, to
8463 perform the analysis or publish the information described in Subsection (4)(a).
8464 Section 264. Section 26B-7-223, which is renumbered from Section 26-6-42 is
8465 renumbered and amended to read:
8466 [
8467 stay programs -- Department guidance for local education agencies.
8468 (1) As used in this section:
8469 (a) "Case threshold" means the same as that term is defined in Section 53G-9-210.
8470 (b) "COVID-19" means the same as that term is defined in Section 53G-9-210.
8471 (c) "Local education agency" or "LEA" means the same as that term is defined in
8472 Section 53G-9-210.
8473 (d) "Test to stay program" means the same as that term is defined in Section
8474 53G-9-210.
8475 (2) At the request of an LEA, the department shall provide support for the LEA's test to
8476 stay program if a school in the LEA reaches the case threshold, including by providing:
8477 (a) COVID-19 testing supplies;
8478 (b) a mobile testing unit; and
8479 (c) other support requested by the LEA related to the LEA's test to stay program.
8480 (3) The department shall ensure that guidance the department provides to LEAs related
8481 to test to stay programs complies with Section 53G-9-210, including the determination of
8482 whether a school meets a case threshold described in Subsection 53G-9-210(3).
8483 (4) Subsection (2) regarding the requirement to support an LEA's test to stay program
8484 does not apply after February 2, 2022, unless the test to stay requirement is triggered under
8485 Subsection 53G-9-210(2)(c).
8486 Section 265. Section 26B-7-224, which is renumbered from Section 26-7-14 is
8487 renumbered and amended to read:
8488 [
8489 substance abuse -- Report.
8490 (1) As used in this section:
8491 (a) "Drug overdose event" means an acute condition, including a decreased level of
8492 consciousness or respiratory depression resulting from the consumption or use of a controlled
8493 substance, or another substance with which a controlled substance or alcohol was combined,
8494 that results in an individual requiring medical assistance.
8495 (b) "Substance abuse" means the misuse or excessive use of alcohol or other drugs or
8496 substances.
8497 (c) "Violent incident" means:
8498 (i) aggravated assault as described in Section 76-5-103;
8499 (ii) child abuse as described in Sections 76-5-109, 76-5-109.2, 76-5-109.3, and
8500 76-5-114;
8501 (iii) an offense described in Title 76, Chapter 5, Part 2, Criminal Homicide;
8502 (iv) an offense described in Title 76, Chapter 5, Part 4, Sexual Offenses;
8503 (v) a burglary offense described in Sections 76-6-202 through 76-6-204.5;
8504 (vi) an offense described in Title 76, Chapter 6, Part 3, Robbery;
8505 (vii) a domestic violence offense, as defined in Section 77-36-1; and
8506 (viii) any other violent offense, as determined by the department.
8507 (2) In 2021 and continuing every other year, the department shall provide a report
8508 before October 1 to the Health and Human Services Interim Committee regarding the number
8509 of:
8510 (a) violent incidents and fatalities that occurred in the state during the preceding
8511 calendar year that, at the time of occurrence, involved substance abuse;
8512 (b) drug overdose events in the state during the preceding calendar year; and
8513 (c) recommendations for legislation, if any, to prevent the occurrence of the events
8514 described in Subsections (2)(a) and (b).
8515 [
8516 [
8517
8518
8519 [
8520
8521 [
8522
8523
8524
8525 [
8526
8527 [
8528 research institution to assist the department with the report described in Subsection (2).
8529 Section 266. Section 26B-7-225, which is renumbered from Section 26-8d-102 is
8530 renumbered and amended to read:
8531 [
8532 (1) The department shall establish and supervise a statewide stroke registry to:
8533 (a) analyze information on the incidence, severity, causes, outcomes, and rehabilitation
8534 of stroke;
8535 (b) promote optimal care for stroke patients;
8536 (c) alleviate unnecessary death and disability from stroke;
8537 (d) encourage the efficient and effective continuum of patient care, including
8538 prevention, prehospital care, hospital care, and rehabilitative care; and
8539 (e) minimize the overall cost of stroke.
8540 (2) The department shall utilize the registry established under Subsection (1) to assess:
8541 (a) the effectiveness of the data collected by the registry; and
8542 (b) the impact of the statewide stroke registry on the provision of stroke care.
8543 (3) (a) The department shall make rules in accordance with Title 63G, Chapter 3, Utah
8544 Administrative Rulemaking Act, to establish:
8545 (i) the data elements that general acute hospitals shall report to the registry; and
8546 (ii) the time frame and format for reporting.
8547 (b) The data elements described in Subsection (3)(a)(i) shall include consensus metrics
8548 consistent with data elements used in nationally recognized data set platforms for stroke care.
8549 (c) The department shall permit a general acute hospital to submit data required under
8550 this section through an electronic exchange of clinical health information that meets the
8551 standards established by the department under Section [
8552 (4) A general acute hospital shall submit stroke data in accordance with rules
8553 established under Subsection (3).
8554 (5) Data collected under this section shall be subject to [
8555 Health Statistics.
8556 (6) No person may be held civilly liable for providing data to the department in
8557 accordance with this section.
8558 Section 267. Section 26B-7-226, which is renumbered from Section 26-8d-103 is
8559 renumbered and amended to read:
8560 [
8561 (1) The department shall establish and supervise a statewide cardiac registry to:
8562 (a) analyze information on the incidence, severity, causes, outcomes, and rehabilitation
8563 of cardiac diseases;
8564 (b) promote optimal care for cardiac patients;
8565 (c) alleviate unnecessary death and disability from cardiac diseases;
8566 (d) encourage the efficient and effective continuum of patient care, including
8567 prevention, prehospital care, hospital care, and rehabilitative care; and
8568 (e) minimize the overall cost of cardiac care.
8569 (2) The department shall utilize the registry established under Subsection (1) to assess:
8570 (a) the effectiveness of the data collected by the registry; and
8571 (b) the impact of the statewide cardiac registry on the provision of cardiac care.
8572 (3) (a) The department shall make rules in accordance with Title 63G, Chapter 3, Utah
8573 Administrative Rulemaking Act, to establish:
8574 (i) the data elements that general acute hospitals shall report to the registry; and
8575 (ii) the time frame and format for reporting.
8576 (b) The data elements described in Subsection (3)(a)(i) shall include consensus metrics
8577 consistent with data elements used in nationally recognized data set platforms for cardiac care.
8578 (c) The department shall permit a general acute hospital to submit data required under
8579 this section through an electronic exchange of clinical health information that meets the
8580 standards established by the department under Section [
8581 (4) A general acute hospital shall submit cardiac data in accordance with rules
8582 established under Subsection (3).
8583 (5) Data collected under this section shall be subject to [
8584 Health Statistics.
8585 (6) No person may be held civilly liable for providing data to the department in
8586 accordance with this section.
8587 Section 268. Section 26B-7-227, which is renumbered from Section 26-5-1 is
8588 renumbered and amended to read:
8589 [
8590 program -- Detection, monitoring, and community education.
8591 (1) As used in this [
8592 deviation from the normal functioning of the human body having one or more of the following
8593 characteristics:
8594 [
8595 [
8596 [
8597 [
8598 [
8599 (2) The department shall establish and operate reasonable programs to prevent, delay,
8600 and detect the onset of chronic diseases including cancer, diabetes, cardiovascular and
8601 pulmonary diseases, genetic diseases, and such other chronic diseases as the department
8602 determines are important in promoting, protecting, and maintaining the public's health.
8603 (3) (a) The department shall develop and maintain a system for detecting and
8604 monitoring chronic diseases within the state and shall investigate and determine the
8605 epidemiology of those conditions which contributed to preventable and premature sickness, or
8606 both, and to death and disability.
8607 (b) Beginning July 1, 2004, the department shall consider the disease known as "lupus"
8608 a chronic disease subject to the detection and monitoring provisions of Subsection (3)(a).
8609 (4) The department shall establish programs of community and professional education
8610 relevant to the detection, prevention and control of chronic diseases.
8611 Section 269. Section 26B-7-301, which is renumbered from Section 26-23b-102 is
8612 renumbered and amended to read:
8613
8614 [
8615 As used in this [
8616 (1) "Bioterrorism" means:
8617 (a) the intentional use of any microorganism, virus, infectious substance, or biological
8618 product to cause death, disease, or other biological malfunction in a human, an animal, a plant,
8619 or another living organism in order to influence, intimidate, or coerce the conduct of
8620 government or a civilian population; and
8621 (b) includes anthrax, botulism, small pox, plague, tularemia, and viral hemorrhagic
8622 fevers.
8623 (2) "Diagnostic information" means a clinical facility's record of individuals who
8624 present for treatment, including the reason for the visit, chief complaint, presenting diagnosis,
8625 final diagnosis, and any pertinent lab results.
8626 (3) "Epidemic or pandemic disease":
8627 (a) means the occurrence in a community or region of cases of an illness clearly in
8628 excess of normal expectancy; and
8629 (b) includes diseases designated by the department which have the potential to cause
8630 serious illness or death.
8631 (4) "Exigent circumstances" means a significant change in circumstances following the
8632 expiration of a public health emergency declared in accordance with this title that:
8633 (a) substantially increases the threat to public safety or health relative to the
8634 circumstances in existence when the public health emergency expired;
8635 (b) poses an imminent threat to public safety or health; and
8636 (c) was not known or foreseen and could not have been known or foreseen at the time
8637 the public health emergency expired.
8638 (5) "First responder" means:
8639 (a) a law enforcement officer as defined in Section 53-13-103;
8640 (b) emergency medical service personnel as defined in Section 26B-4-101;
8641 (c) firefighters; and
8642 (d) public health personnel having jurisdiction over the location where an individual
8643 subject to restriction is found.
8644 [
8645 78B-3-403.
8646 [
8647 defined in Section 53-2a-203.
8648 [
8649 to a declared public health emergency under this [
8650 (i) applies to all or substantially all:
8651 (A) individuals or a certain group of individuals; or
8652 (B) public places or certain types of public places; and
8653 (ii) for the protection of the public health and in response to the declared public health
8654 emergency:
8655 (A) establishes, maintains, or enforces isolation or quarantine;
8656 (B) establishes, maintains, or enforces a stay-at-home order;
8657 (C) exercises physical control over property or individuals;
8658 (D) requires an individual to perform a certain action or engage in certain behavior; or
8659 (E) closes theaters, schools, or other public places or prohibits gatherings of people to
8660 protect the public health.
8661 (b) "Order of constraint" includes a stay-at-home order.
8662 (9) "Order of restriction" means an order issued by a department or a district court
8663 which requires an individual or group of individuals who are subject to restriction to submit to
8664 an examination, treatment, isolation, or quarantine.
8665 [
8666 of an illness or health condition, caused by bioterrorism, epidemic or pandemic disease, or
8667 novel and highly fatal infectious agent or biological toxin, that poses a substantial risk of a
8668 significant number of human fatalities or incidents of permanent or long-term disability. Such
8669 illness or health condition includes an illness or health condition resulting from a natural
8670 disaster.
8671 (11) "Public health official" means:
8672 (a) the executive director or the executive director's authorized representative; or
8673 (b) the executive director of a local health department or the executive director's
8674 authorized representative.
8675 [
8676 conditions, or syndromes designated by the department.
8677 [
8678 (a) restricts movement of the general population to suppress or mitigate an epidemic or
8679 pandemic disease by directing individuals within a defined geographic area to remain in their
8680 respective residences; and
8681 (b) may include exceptions for certain essential tasks.
8682 (14) "Subject to restriction" as applied to an individual, or a group of individuals,
8683 means the individual or group of individuals is:
8684 (a) infected or suspected to be infected with a communicable disease that poses a threat
8685 to the public health and who does not take action as required by the department to prevent
8686 spread of the disease;
8687 (b) contaminated or suspected to be contaminated with an infectious agent that poses a
8688 threat to the public health, and that could be spread to others if remedial action is not taken;
8689 (c) in a condition or suspected condition which, if the individual is exposed to others,
8690 poses a threat to public health, or is in a condition which if treatment is not completed the
8691 individual will pose a threat to public health; or
8692 (d) contaminated or suspected to be contaminated with a chemical or biological agent
8693 that poses a threat to the public health and that could be spread to others if remedial action is
8694 not taken.
8695 Section 270. Section 26B-7-302, which is renumbered from Section 26-1-12 is
8696 renumbered and amended to read:
8697 [
8698 public health hazard.
8699 If the executive director finds that a condition of filth, sanitation, or other health hazard
8700 exists which creates a clear present hazard to the public health and which requires immediate
8701 action to protect human health or safety, the executive director with the concurrence of the
8702 governor may order persons causing or contributing to the condition to reduce, discontinue, or
8703 ameliorate it to the extent that the public health hazard is eliminated.
8704 Section 271. Section 26B-7-303, which is renumbered from Section 26-6b-1 is
8705 renumbered and amended to read:
8706 [
8707 (1) [
8708 examination, treatment, isolation, and quarantine actions applied to individuals or groups of
8709 individuals by the department or a local health department.
8710 (2) The provisions of [
8711 the provisions of Title 63G, Chapter 4, Administrative Procedures Act.
8712 (3) The [
8713 63G, Chapter 3, Utah Administrative Rulemaking Act, as necessary to administer the
8714 provisions of [
8715 Section 272. Section 26B-7-304, which is renumbered from Section 26-6b-3 is
8716 renumbered and amended to read:
8717 [
8718 (1) Subject to Subsection (5), the department or a local health department having
8719 jurisdiction over the location where an individual or a group of individuals who are subject to
8720 restriction are found may:
8721 (a) issue a written order of restriction for the individual or group of individuals
8722 pursuant to Section [
8723 the requirements of this [
8724 (b) issue a verbal order of restriction for an individual or group of individuals pursuant
8725 to Subsection (2)(c).
8726 (2) (a) A department or local health department's determination to issue an order of
8727 restriction shall be based upon the totality of circumstances reported to and known by the
8728 department or local health department, including:
8729 (i) observation;
8730 (ii) information that the department or local health department determines is credible
8731 and reliable information; and
8732 (iii) knowledge of current public health risks based on medically accepted guidelines as
8733 may be established by the [
8734 (b) An order of restriction issued by the department or a local health department shall:
8735 (i) in the opinion of the public health official, be for the shortest reasonable period of
8736 time necessary to protect the public health;
8737 (ii) use the least intrusive method of restriction that, in the opinion of the department or
8738 local health department, is reasonable based on the totality of circumstances known to the
8739 department or local health department issuing the order of restriction;
8740 (iii) be in writing unless the provisions of Subsection (2)(c) apply; and
8741 (iv) contain notice of an individual's rights as required in Section [
8742 307.
8743 (c) (i) [
8744 restriction, without prior notice to the individual or group of individuals if the delay in
8745 imposing a written order of restriction would significantly jeopardize the department or local
8746 health department's ability to prevent or limit:
8747 (A) the transmission of a communicable or possibly communicable disease that poses a
8748 threat to public health;
8749 (B) the transmission of an infectious agent or possibly infectious agent that poses a
8750 threat to public health;
8751 (C) the exposure or possible exposure of a chemical or biological agent that poses a
8752 threat to public health; or
8753 (D) the exposure or transmission of a condition that poses a threat to public health.
8754 (ii) A verbal order of restriction issued under [
8755 (A) is valid for 24 hours from the time the order of restriction is issued;
8756 (B) may be verbally communicated to the individuals or group of individuals subject to
8757 restriction by a first responder;
8758 (C) may be enforced by the first responder until the department or local health
8759 department is able to establish and maintain the place of restriction; and
8760 (D) may only be continued beyond the initial 24 hours if a written order of restriction is
8761 issued pursuant to the provisions of Section [
8762 (3) Pending issuance of a written order of restriction under Section [
8763 26B-7-307, or judicial review of an order of restriction [
8764 Section [
8765 required to submit to involuntary examination, quarantine, isolation, or treatment in the
8766 individual's home, a hospital, or any other suitable facility under reasonable conditions
8767 prescribed by the department or local health department.
8768 (4) The department or local health department that issued the order of restriction shall
8769 take reasonable measures, including the provision of medical care, as may be necessary to
8770 assure proper care related to the reason for the involuntary examination, treatment, isolation, or
8771 quarantine of an individual ordered to submit to an order of restriction.
8772 (5) (a) The Legislature may at any time terminate by joint resolution an order of
8773 restriction issued by the department or local health department as described in this section in
8774 response to a declared public health emergency.
8775 (b) A county governing body may at any time terminate by majority vote an order of
8776 restriction issued by the relevant local health department [
8777 issued in response to a declared public health emergency.
8778 Section 273. Section 26B-7-305, which is renumbered from Section 26-6b-3.1 is
8779 renumbered and amended to read:
8780 [
8781 (1) (a) The department or a local health department shall either seek judicial review of
8782 an order of restriction under Sections [
8783 obtain the consent of an individual subject to an order of restriction.
8784 (b) If the department or a local department obtains consent, the consent shall be in
8785 writing and shall inform the individual or group of individuals:
8786 (i) of the terms and duration of the order of restriction;
8787 (ii) of the importance of complying with the order of restriction to protect the public's
8788 health;
8789 (iii) that each individual has the right to agree to the order of restriction, or refuse to
8790 agree to the order of restriction and seek a judicial review of the order of restriction;
8791 (iv) that for any individual who consents to the order of restriction:
8792 (A) the order of restriction will not be reviewed by the [
8793 individual withdraws consent to the order of restriction in accordance with Subsection
8794 (1)(b)(iv)(B); and
8795 (B) the individual shall notify the department or local health department in writing,
8796 with at least five business day's notice, if the individual intends to withdraw consent to the
8797 order of restriction; and
8798 (v) that a breach of a consent agreement prior to the end of the order of restriction may
8799 subject the individual to an involuntary order of restriction under Section [
8800 26B-7-306.
8801 (2) (a) The department or local health department responsible for the care of an
8802 individual who has consented to the order of restriction shall periodically reexamine the
8803 reasons upon which the order of restriction was based. This reexamination shall occur at least
8804 once every six months.
8805 (b) (i) If at any time, the department or local health department determines that the
8806 conditions justifying the order of restriction for either a group or an individual no longer exist,
8807 the department or local health department shall immediately discharge the individual or group
8808 from the order of restriction.
8809 (ii) If the department or local health department determines that the conditions
8810 justifying the order of restriction continue to exist, the department or local health department
8811 shall send to the individual a written notice of:
8812 (A) the department or local health department's findings, the expected duration of the
8813 order of restriction, and the reason for the decision; and
8814 (B) the individual's right to a judicial review of the order of restriction by the [
8815 court if requested by the individual.
8816 (iii) Upon request for judicial review by an individual, the department or local health
8817 department shall:
8818 (A) file a petition [
8819 individual's request for a judicial review; and
8820 (B) proceed under Sections [
8821 Section 274. Section 26B-7-306, which is renumbered from Section 26-6b-3.2 is
8822 renumbered and amended to read:
8823 [
8824 order during judicial review.
8825 (1) If the department or local health department cannot obtain consent to the order of
8826 restriction from an individual, or if an individual withdraws consent to an order under
8827 Subsection [
8828 shall:
8829 (a) give the individual or group of individuals subject to the order of restriction a
8830 written notice of:
8831 (i) the order of restriction and any supporting documentation; and
8832 (ii) the individual's right to a judicial review of the order of restriction; and
8833 (b) file a petition for a judicial review of the order of restriction under Section
8834 [
8835 (i) five business days after issuing the written notice of the order of restriction; or
8836 (ii) if consent has been withdrawn under Subsection [
8837 26B-7-305(1)(b)(iv)(B), within five business days after receiving notice of the individual's
8838 withdrawal of consent.
8839 (2) (a) An order of restriction remains in effect during any judicial proceedings to
8840 review the order of restriction if the department or local health department files a petition for
8841 judicial review of the order of restriction [
8842 by this section.
8843 (b) Law enforcement officers with jurisdiction in the area where the individual who is
8844 subject to the order of restriction can be located shall assist the department or local health
8845 department with enforcing the order of restriction.
8846 Section 275. Section 26B-7-307, which is renumbered from Section 26-6b-3.3 is
8847 renumbered and amended to read:
8848 [
8849 individuals.
8850 (1) A written order of restriction issued by a department or local health department
8851 shall include the following information:
8852 (a) the identity of the individual or a description of the group of individuals subject to
8853 the order of restriction;
8854 (b) the identity or location of any premises that may be subject to restriction;
8855 (c) the date and time for which the restriction begins and the expected duration of the
8856 restriction;
8857 (d) the suspected communicable disease, infectious, chemical or biological agent, or
8858 other condition that poses a threat to public health;
8859 (e) the requirements for termination of the order of restriction, such as necessary
8860 laboratory reports, the expiration of an incubation period, or the completion of treatment for the
8861 communicable disease;
8862 (f) any conditions on the restriction, such as limitation of visitors or requirements for
8863 medical monitoring;
8864 (g) the medical or scientific information upon which the restriction is based;
8865 (h) a statement advising of the right to a judicial review of the order of restriction by
8866 the [
8867 (i) pursuant to Subsection (2), the rights of each individual subject to restriction.
8868 (2) An individual subject to restriction has the following rights:
8869 (a) the right to be represented by legal counsel in any judicial review of the order of
8870 restriction in accordance with Subsection [
8871 (b) the right to be provided with prior notice of the date, time, and location of any
8872 hearing concerning the order of restriction;
8873 (c) the right to participate in any hearing, in a manner established by the court based on
8874 precautions necessary to prevent additional exposure to communicable or possibly
8875 communicable diseases or to protect the public health;
8876 (d) the right to respond and present evidence and arguments on the individual's own
8877 behalf in any hearing;
8878 (e) the right to cross examine witnesses; and
8879 (f) the right to review and copy all records in the possession of the department that
8880 issued the order of restriction which relate to the subject of the written order of restriction.
8881 (3) (a) Notwithstanding the provisions of Subsection (1), if the department or a local
8882 health department issues an order of restriction for a group of individuals, the department or
8883 local health department may modify the method of providing notice to the group or modify the
8884 information contained in the notice, if the public health official determines the modification of
8885 the notice is necessary to:
8886 (i) protect the privacy of medical information of individuals in the group; or
8887 (ii) provide notice to the group in a manner that will efficiently and effectively notify
8888 the individuals in the group within the period of time necessary to protect the public health.
8889 (b) When the department or a local health department modifies notice to a group of
8890 individuals under Subsection (3)(a), the department or local health department shall provide
8891 each individual in the group with notice that complies with the provisions of Subsection (1) as
8892 soon as reasonably practical.
8893 (4) (a) In addition to the rights of an individual described in Subsections (1) and (2), an
8894 individual subject to an order of restriction may not be terminated from employment if the
8895 reason for termination is based solely on the fact that the individual is or was subject to an
8896 order of restriction.
8897 (b) The department or local health department issuing the order of restriction shall give
8898 the individual subject to the order of restriction notice of the individual's employment rights
8899 under Subsection (4)(a).
8900 (c) An employer in the state, including an employer who is the state or a political
8901 subdivision of the state, may not violate the provisions of Subsection (4)(a).
8902 Section 276. Section 26B-7-308, which is renumbered from Section 26-6b-3.4 is
8903 renumbered and amended to read:
8904 [
8905 (1) (a) Health care providers as defined in Section 78B-3-403, health care facilities
8906 licensed under [
8907 Inspection [
8908 official and the individual subject to an order of restriction, a copy of medical records that are
8909 relevant to the order of restriction.
8910 (b) The records requested under Subsection (1)(a) shall be provided as soon as
8911 reasonably possible after the request is submitted to the health care provider or health care
8912 facility, or as soon as reasonably possible after the health care provider or facility receives the
8913 results of any relevant diagnostic testing of the individual.
8914 (2) (a) The production of records under the provisions of this section is for the benefit
8915 of the public health and safety of the citizens of the state. A health care provider or facility is
8916 encouraged to provide copies of medical records or other records necessary to carry out the
8917 purpose of this [
8918 (b) Notwithstanding the provisions of Subsection (2)(c), a health care facility that is a
8919 state governmental entity shall provide medical records or other records necessary to carry out
8920 the purposes of this [
8921 (c) If a health care provider or health care facility does not provide medical records free
8922 of charge under the provisions of Subsection (2)(a) or (b), the health care provider or facility
8923 may charge a fee for the records that does not exceed the presumed reasonable charges
8924 established for workers' compensation by administrative rule adopted by the Labor
8925 Commission.
8926 (3) Medical records held by a court related to orders of restriction under this [
8927 part shall be sealed by the [
8928 Section 277. Section 26B-7-309, which is renumbered from Section 26-6b-4 is
8929 renumbered and amended to read:
8930 [
8931 counsel -- Conduct of proceedings.
8932 (1) The provisions of this section and Sections [
8933 26B-7-312 apply if the department or a local health department issues an order for restriction,
8934 and:
8935 (a) an individual subject to the order of restriction refuses to consent to the order of
8936 restriction;
8937 (b) an individual subject to an order of restriction has withdrawn consent to an order of
8938 restriction under the provisions of Subsection [
8939 (c) the department or local health department chooses to not attempt to obtain consent
8940 to an order of restriction and files an action for judicial review of the order of restriction.
8941 (2) (a) If the individual who is subject to an order of restriction is in custody, the
8942 department or local health department, which is the petitioner, shall provide to the individual
8943 written notice of the petition for judicial review of the order of restriction and hearings held
8944 pursuant to Sections [
8945 and shall send the notice to the legal guardian, legal counsel for the parties involved, and any
8946 other persons and immediate adult family members whom the individual or the [
8947 designates.
8948 (b) The notice described in Subsection (2)(b) shall advise these persons that a hearing
8949 may be held within the time provided by this [
8950 [
8951 provision of notice under this Subsection (2), the extent of notice shall be determined by the
8952 [
8953 (c) Notwithstanding the notice requirement in Subsection (2)(a), if the court determines
8954 that written notice to each individual in a group of individuals subject to an order of restriction
8955 is not practical considering the circumstances of the threat to public health, the court may order
8956 the department to provide notice to the individual or group of individuals in a manner
8957 determined by the court.
8958 (3) (a) If the individual who is subject to an order of restriction is in custody, he shall
8959 be afforded an opportunity to be represented by counsel. If neither the individual nor others
8960 provide for counsel, the [
8961 to consult with the individual prior to the hearing. If the individual is indigent, the payment of
8962 reasonable attorney fees for counsel, as determined by the [
8963 county in which the individual resides or was found.
8964 (b) The parties may appear at the hearings, to testify, and to present and cross-examine
8965 witnesses. The [
8966 individual.
8967 (c) The [
8968 good cause shown, and that cause shall be made a part of the court record.
8969 (d) The [
8970 telephonic or other electronic means if the individual's condition poses a health threat to those
8971 who physically attend the hearing or to others if the individual is transported to the court.
8972 (4) The [
8973 more appropriate treatment, quarantine, or isolation facility outside of its jurisdiction, and may
8974 transfer the proceedings to any other [
8975 provided that the transfer will not be adverse to the legal interests of the individual.
8976 (5) All persons to whom notice is required to be given may attend the hearings. The
8977 [
8978 proceedings.
8979 (6) All hearings shall be conducted in as informal a manner as may be consistent with
8980 orderly procedure, and in a physical setting that is not likely to have a harmful effect on the
8981 health of the individual or others required to participate in the hearing.
8982 (7) The [
8983 subject to Utah Rules of Evidence.
8984 (8) The [
8985 the individuals subject to restriction and enforcing the order of restriction.
8986 Section 278. Section 26B-7-310, which is renumbered from Section 26-6b-5 is
8987 renumbered and amended to read:
8988 [
8989 Court-ordered examination period.
8990 (1) (a) A department may petition for a judicial review of the department's order of
8991 restriction for an individual or group of individuals who are subject to restriction by filing a
8992 written petition with the [
8993 individuals reside or are located.
8994 (b) (i) The county attorney for the county where the individual or group of individuals
8995 reside or are located shall represent the local health department in any proceedings under this
8996 [
8997 (ii) The Office of the Attorney General shall represent the department when the
8998 petitioner is the [
8999 part.
9000 (2) The petition under Subsection (1) shall be accompanied by:
9001 (a) written affidavit of the department stating:
9002 (i) a belief the individual or group of individuals are subject to restriction;
9003 (ii) a belief that the individual or group of individuals who are subject to restriction are
9004 likely to fail to submit to examination, treatment, quarantine, or isolation if not immediately
9005 restrained;
9006 (iii) this failure would pose a threat to the public health; and
9007 (iv) the personal knowledge of the individual's or group of individuals' condition or the
9008 circumstances that lead to that belief; and
9009 (b) a written statement by a licensed physician or physician assistant indicating the
9010 physician or physician assistant finds the individual or group of individuals are subject to
9011 restriction.
9012 (3) The court shall issue an order of restriction requiring the individual or group of
9013 individuals to submit to involuntary restriction to protect the public health if the [
9014 finds:
9015 (a) there is a reasonable basis to believe that the individual's or group of individuals'
9016 condition requires involuntary examination, quarantine, treatment, or isolation pending
9017 examination and hearing; or
9018 (b) the individual or group of individuals have refused to submit to examination by a
9019 health professional as directed by the department or to voluntarily submit to examination,
9020 treatment, quarantine, or isolation.
9021 (4) If the individual or group of individuals who are subject to restriction are not in
9022 custody, the court may make its determination and issue its order of restriction in an ex parte
9023 hearing.
9024 (5) At least 24 hours prior to the hearing required by Section [
9025 department which is the petitioner, shall report to the court, in writing, the opinion of qualified
9026 health care providers:
9027 (a) regarding whether the individual or group of individuals are infected by or
9028 contaminated with:
9029 (i) a communicable or possible communicable disease that poses a threat to public
9030 health;
9031 (ii) an infectious agent or possibly infectious agent that poses a threat to public health;
9032 (iii) a chemical or biological agent that poses a threat to public health; or
9033 (iv) a condition that poses a threat to public health;
9034 (b) that despite the exercise of reasonable diligence, the diagnostic studies have not
9035 been completed;
9036 (c) whether the individual or group of individuals have agreed to voluntarily comply
9037 with necessary examination, treatment, quarantine, or isolation; and
9038 (d) whether the petitioner believes the individual or group of individuals will comply
9039 without court proceedings.
9040 Section 279. Section 26B-7-311, which is renumbered from Section 26-6b-6 is
9041 renumbered and amended to read:
9042 [
9043 examination period.
9044 (1) The [
9045 of an individual or group of individuals, to be held within 10 business days of the issuance of
9046 its order of restriction issued pursuant to Section [
9047 informs the [
9048 (a) are not subject to restriction; or
9049 (b) have stipulated to the issuance of an order of restriction.
9050 (2) If the individual or an individual in a group of individuals has stipulated to the
9051 issuance of an order of restriction, the court may issue an order as provided in Subsection (6)
9052 for those individuals without further hearing.
9053 (3) (a) If the examination report required in Section [
9054 individual or group of individuals are not subject to restriction, the court may without further
9055 hearing terminate the proceedings and dismiss the petition.
9056 (b) The court may, after a hearing at which the individual or group of individuals are
9057 present in person or by telephonic or other electronic means and have had the opportunity to be
9058 represented by counsel, extend its order of restriction for a reasonable period, not to exceed 90
9059 days, if the court has reason to believe the individual or group of individuals are infected by or
9060 contaminated with:
9061 (i) a communicable or possibly communicable disease that poses a threat to public
9062 health;
9063 (ii) an infectious agent or possibly infectious agent that poses a threat to public health;
9064 (iii) a chemical or biological agent that poses a threat to public health; or
9065 (iv) a condition that poses a threat to public health, but, despite the exercise of
9066 reasonable diligence the diagnostic studies have not been completed.
9067 (4) The petitioner shall, at the time of the hearing, provide the [
9068 following items, to the extent that they have been issued or are otherwise available:
9069 (a) the order of restriction issued by the petitioner;
9070 (b) admission notes if any individual was hospitalized; and
9071 (c) medical records pertaining to the current order of restriction.
9072 (5) The information provided to the court under Subsection (4) shall also be provided
9073 to the individual's or group of individual's counsel at the time of the hearing, and at any time
9074 prior to the hearing upon request of counsel.
9075 (6) (a) The [
9076 individuals to submit to the order of restriction if, upon completion of the hearing and
9077 consideration of the record, it finds by clear and convincing evidence that:
9078 (i) the individual or group of individuals are infected with a communicable disease or
9079 infectious agent, are contaminated with a chemical or biological agent, or are in a condition
9080 that poses a threat to public health;
9081 (ii) there is no appropriate and less restrictive alternative to a court order of
9082 examination, quarantine, isolation, and treatment, or any of them;
9083 (iii) the petitioner can provide the individual or group of individuals with treatment
9084 that is adequate and appropriate to the individual's or group of individuals' conditions and
9085 needs; and
9086 (iv) it is in the public interest to order the individual or group of individuals to submit
9087 to involuntary examination, quarantine, isolation, and treatment, or any of them after weighing
9088 the following factors:
9089 (A) the personal or religious beliefs, if any, of the individual that are opposed to
9090 medical examination or treatment;
9091 (B) the ability of the department to control the public health threat with treatment
9092 alternatives that are requested by the individual;
9093 (C) the economic impact for the department if the individual is permitted to use an
9094 alternative to the treatment recommended by the department; and
9095 (D) other relevant factors as determined by the court.
9096 (b) If upon completion of the hearing the court does not find all of the conditions listed
9097 in Subsection (6)(a) exist, the court shall immediately dismiss the petition.
9098 (7) The order of restriction shall designate the period, subject to Subsection (8), for
9099 which the individual or group of individuals shall be examined, treated, isolated, or
9100 quarantined.
9101 (8) (a) The order of restriction may not exceed six months without benefit of a [
9102 court review hearing.
9103 (b) (i) The [
9104 order of restriction issued under Subsection (7).
9105 (ii) At the review hearing the court may issue an order of restriction for up to an
9106 indeterminate period, if the [
9107 clear and convincing evidence that the required conditions in Subsection (6) will continue for
9108 an indeterminate period.
9109 Section 280. Section 26B-7-312, which is renumbered from Section 26-6b-7 is
9110 renumbered and amended to read:
9111 [
9112 (1) (a) At least two weeks prior to the expiration of the designated period of any court
9113 order still in effect, the petitioner shall inform the court that issued the order that the order is
9114 about to expire.
9115 (b) The petitioner shall immediately reexamine the reasons upon which the court's
9116 order was based.
9117 (c) If the petitioner determines that the conditions justifying that order no longer exist,
9118 [
9119 treatment and report its action to the court for a termination of the order.
9120 (d) [
9121 a hearing prior to the expiration of [
9122 26B-7-309 through [
9123 (2) (a) The petitioner responsible for the care of an individual under a court order of
9124 involuntary quarantine, isolation, or treatment for an indeterminate period shall at six-month
9125 intervals reexamine the reasons upon which the order of indeterminate duration was based.
9126 (b) If the petitioner determines that the conditions justifying that the court's order no
9127 longer exist, the petitioner shall discharge the individual from involuntary quarantine, isolation,
9128 or treatment and immediately report its action to the court for a termination of the order.
9129 (c) If the petitioner determines that the conditions justifying the involuntary quarantine,
9130 isolation, or treatment continue to exist, the petitioner shall send a written report of those
9131 findings to the court.
9132 (d) The petitioner shall notify the individual and his counsel of record in writing that
9133 the involuntary quarantine, isolation, or treatment will be continued, the reasons for that
9134 decision, and that the individual has the right to a review hearing by making a request to the
9135 court.
9136 (e) Upon receiving the request for a review, the court shall immediately set a hearing
9137 date and proceed under Sections [
9138 Section 281. Section 26B-7-313, which is renumbered from Section 26-6b-8 is
9139 renumbered and amended to read:
9140 [
9141 court-ordered restriction.
9142 Transportation of an individual subject to an order of restriction to court, or to a place
9143 for examination, quarantine, isolation, or treatment pursuant a temporary order issued by a
9144 department or local health department, or pursuant to a court order, shall be conducted by the
9145 county sheriff where the individual is located.
9146 Section 282. Section 26B-7-314, which is renumbered from Section 26-6b-9 is
9147 renumbered and amended to read:
9148 [
9149 If a local health department obtains approval from the [
9150 department, the costs that the local health department would otherwise have to bear for
9151 examination, quarantine, isolation, and treatment ordered under the provisions of this chapter
9152 shall be paid by the [
9153 unable to pay and that other sources and insurance do not pay.
9154 Section 283. Section 26B-7-315, which is renumbered from Section 26-6b-10 is
9155 renumbered and amended to read:
9156 [
9157 [
9158 26B-7-414, if the provisions or the application of [
9159 circumstance[
9160 severable and the balance of [
9161 remain effective, notwithstanding [
9162 unconstitutional.
9163 Section 284. Section 26B-7-316, which is renumbered from Section 26-23b-103 is
9164 renumbered and amended to read:
9165 [
9166 of reports -- Penalties.
9167 (1) (a) A health care provider shall report to the department any case of any person who
9168 the provider knows has a confirmed case of, or who the provider believes in his professional
9169 judgment is sufficiently likely to harbor any illness or health condition that may be caused by:
9170 (i) bioterrorism;
9171 (ii) epidemic or pandemic disease; or
9172 (iii) novel and highly fatal infectious agents or biological toxins which might pose a
9173 substantial risk of a significant number of human fatalities or incidences of permanent or
9174 long-term disability.
9175 (b) A health care provider shall immediately submit the report required by Subsection
9176 (1)(a) within 24 hours of concluding that a report is required under Subsection (1)(a).
9177 (2) (a) A report required by this section shall be submitted electronically, verbally, or in
9178 writing to the department or appropriate local health department.
9179 (b) A report submitted pursuant to Subsection (1) shall include, if known:
9180 (i) diagnostic information on the specific illness or health condition that is the subject
9181 of the report, and, if transmitted electronically, diagnostic codes assigned to the visit;
9182 (ii) the patient's name, date of birth, sex, race, occupation, and current home and work
9183 address and phone number;
9184 (iii) the name, address, and phone number of the health care provider; and
9185 (iv) the name, address, and phone number of the reporting individual.
9186 (3) The department may impose a sanction against a health care provider for failure to
9187 make a report required by this section only if the department can show by clear and convincing
9188 evidence that a health care provider willfully failed to file a report.
9189 Section 285. Section 26B-7-317, which is renumbered from Section 26-23b-104 is
9190 renumbered and amended to read:
9191 [
9192 health emergency -- Termination of a public health emergency -- Order of constraint.
9193 (1) A health care provider is authorized to report to the department any case of a
9194 reportable emergency illness or health condition in any person when:
9195 (a) the health care provider knows of a confirmed case; or
9196 (b) the health care provider believes, based on the health care provider's professional
9197 judgment that a person likely harbors a reportable emergency illness or health condition.
9198 (2) A report [
9199 (a) the name of the facility submitting the report;
9200 (b) a patient identifier that allows linkage with the patient's record for follow-up
9201 investigation if needed;
9202 (c) the date and time of visit;
9203 (d) the patient's age and sex;
9204 (e) the zip code of the patient's residence;
9205 (f) the reportable illness or condition detected or suspected;
9206 (g) diagnostic information and, if available, diagnostic codes assigned to the visit; and
9207 (h) whether the patient was admitted to the hospital.
9208 (3) (a) Subject to Subsections (3)(b) and (4), if the department determines that a public
9209 health emergency exists, the department may, with the concurrence of the governor and the
9210 executive director or in the absence of the executive director, the executive director's designee,
9211 declare a public health emergency, issue an order of constraint, and mandate reporting under
9212 this section for a limited reasonable period of time, as necessary to respond to the public health
9213 emergency.
9214 (b) (i) During a public health emergency that has been in effect for more than 30 days,
9215 the department may not issue an order of constraint until the department has provided notice of
9216 the proposed action to the legislative emergency response committee no later than 24 hours
9217 before the department issues the order of constraint.
9218 (ii) The department:
9219 (A) shall provide the notice required by Subsection (3)(b)(i) using the best available
9220 method under the circumstances as determined by the executive director;
9221 (B) may provide the notice required by Subsection (3)(b)(i) in electronic format; and
9222 (C) shall provide the notice in written form, if practicable.
9223 (c) The department may not mandate reporting under this subsection for more than 90
9224 days.
9225 (4) (a) Except as provided in Subsection (4)(b), a public health emergency declared by
9226 the department as described in Subsection (3) expires at the earliest of:
9227 (i) the day on which the department or the governor finds that the threat or danger has
9228 passed or the public health emergency reduced to the extent that emergency conditions no
9229 longer exist;
9230 (ii) 30 days after the date on which the department declared the public health
9231 emergency; or
9232 (iii) the day on which the public health emergency is terminated by a joint resolution of
9233 the Legislature.
9234 (b) (i) The Legislature, by joint resolution, may extend a public health emergency for a
9235 time period designated in the joint resolution.
9236 (ii) If the Legislature extends a public health emergency as described in Subsection
9237 (4)(b)(i), the public health emergency expires on the date designated by the Legislature.
9238 (c) Except as provided in Subsection (4)(d), if a public health emergency declared by
9239 the department expires as described in Subsection (4)(a) or (b), the department may not declare
9240 a public health emergency for the same illness or occurrence that precipitated the previous
9241 public health emergency declaration.
9242 (d) (i) Notwithstanding Subsection (4)(c), subject to Subsection (4)(e), if the
9243 department finds that exigent circumstances exist, after providing notice to the Legislature, the
9244 department may declare a new public health emergency for the same illness or occurrence that
9245 precipitated a previous public health emergency declaration.
9246 (ii) A public health emergency declared as described in Subsection (4)(d)(i) expires in
9247 accordance with Subsection (4)(a) or (b).
9248 (e) If the Legislature terminates a public health emergency declared due to exigent
9249 circumstances as described in Subsection (4)(d)(i), the department may not declare a new
9250 public health emergency for the same illness, occurrence, or exigent circumstances.
9251 (5) During a declared public health emergency declared under this title:
9252 (a) the Legislature may:
9253 (i) at any time by joint resolution terminate an order of constraint issued by the
9254 department; or
9255 (ii) by joint resolution terminate an order of constraint issued by a local health
9256 department in response to a public health emergency that has been in effect for more than 30
9257 days; and
9258 (b) a county legislative body may at any time terminate an order of constraint issued by
9259 a local health department in response to a declared public health emergency.
9260 (6) (a) (i) If the department declares a public health emergency as described in this
9261 [
9262 extension of the public health emergency beyond the 30-day term or another date designated by
9263 the Legislature as described in this section, the department shall provide written notice to the
9264 speaker of the House of Representatives and the president of the Senate at least 10 days before
9265 the expiration of the public health emergency.
9266 (ii) If a local health department declares a public health emergency as described in this
9267 [
9268 conditions warrant an extension of the public health emergency beyond the 30-day term or
9269 another date designated by the county governing body as described in this section, the local
9270 health department shall provide written notice to the county governing body at least 10 days
9271 before the expiration of the public health emergency.
9272 (b) If the department provides notice as described in Subsection (6)(a)(i) for a public
9273 health emergency within the first 30 days from the initial declaration of the public health
9274 emergency, the speaker of the House of Representatives and the president of the Senate:
9275 (i) shall poll the members of their respective bodies to determine whether the
9276 Legislature will extend the public health emergency; and
9277 (ii) may jointly convene the committee created in Section 53-2a-218.
9278 (c) If the department provides notice as described in Subsection (6)(a)(i) for a public
9279 health emergency that has been extended beyond the 30 days from the initial declaration of the
9280 public health emergency, the speaker of the House of Representatives and the president of the
9281 Senate shall jointly convene the committee created in Section 53-2a-218.
9282 (7) If the committee created in Section 53-2a-218 is convened as described in
9283 Subsection (6), the committee shall conduct a public meeting to:
9284 (a) discuss the nature of the public health emergency and conditions of the public
9285 health emergency;
9286 (b) evaluate options for public health emergency response;
9287 (c) receive testimony from individuals with expertise relevant to the current public
9288 health emergency;
9289 (d) receive testimony from members of the public; and
9290 (e) provide a recommendation to the Legislature whether to extend the public health
9291 emergency by joint resolution.
9292 (8) (a) During a public health emergency declared as described in this title:
9293 (i) the department or a local health department may not impose an order of constraint
9294 on a religious gathering that is more restrictive than an order of constraint that applies to any
9295 other relevantly similar gathering; and
9296 (ii) an individual, while acting or purporting to act within the course and scope of the
9297 individual's official department or local health department capacity, may not:
9298 (A) prevent a religious gathering that is held in a manner consistent with any order of
9299 constraint issued pursuant to this title; or
9300 (B) impose a penalty for a previous religious gathering that was held in a manner
9301 consistent with any order of constraint issued pursuant to this title.
9302 (b) Upon proper grounds, a court of competent jurisdiction may grant an injunction to
9303 prevent the violation of this Subsection (8).
9304 (c) During a public health emergency declared as described in his title, the department
9305 or a local health department shall not issue a public health order or impose or implement a
9306 regulation that substantially burdens an individual's exercise of religion unless the department
9307 or local health department demonstrates that the application of the burden to the individual:
9308 (i) is in furtherance of a compelling government interest; and
9309 (ii) is the least restrictive means of furthering that compelling government interest.
9310 (d) Notwithstanding Subsections (8)(a) and (c), the department or a local health
9311 department shall allow reasonable accommodations for an individual to perform or participate
9312 in a religious practice or rite.
9313 (9) (a) Unless the provisions of Subsection (3) apply, a health care provider is not
9314 subject to penalties for failing to submit a report under this section.
9315 (b) If the provisions of Subsection (3) apply, a health care provider is subject to the
9316 penalties of Subsection [
9317 section.
9318 Section 286. Section 26B-7-318, which is renumbered from Section 26-23b-105 is
9319 renumbered and amended to read:
9320 [
9321 (1) Notwithstanding the provisions of Subsection [
9322 pharmacist shall report unusual drug-related events as described in Subsection (2).
9323 (2) Unusual drug-related events that require a report include:
9324 (a) an unusual increase in the number of prescriptions filled for antimicrobials;
9325 (b) any prescription that treats a disease that has bioterrorism potential if that
9326 prescription is unusual or in excess of the expected frequency; and
9327 (c) an unusual increase in the number of requests for information about or sales of
9328 over-the-counter pharmaceuticals to treat conditions which may suggest the presence of one of
9329 the illnesses or conditions described in Section [
9330 26B-7-317 and which are designated by department rule.
9331 (3) (a) A pharmacist shall submit the report required by this section within 24 hours
9332 after the pharmacist suspects, in his professional judgement, that an unusual drug-related event
9333 has occurred.
9334 (b) If a pharmacy is part of a health care facility subject to the reporting requirements
9335 of this [
9336 behalf of the health care facility.
9337 (4) (a) The report required by this section shall be submitted in accordance with
9338 Subsection [
9339 (b) A report shall include the name and location of the reporting pharmacist, the name
9340 and type of pharmaceuticals that are the subject of the unusual increase in use, and if known,
9341 the suspected illness or health condition that is the subject of the report.
9342 (5) A pharmacist is subject to the penalties under Subsection [
9343 26B-7-316(3) for failing to make a report required by this section.
9344 Section 287. Section 26B-7-319, which is renumbered from Section 26-23b-106 is
9345 renumbered and amended to read:
9346 [
9347 (1) Notwithstanding the provisions of Subsection [
9348 director of a medical laboratory located in this state is responsible for reporting results of a
9349 laboratory test that confirm a condition or illness described in Subsection [
9350 26B-7-316(1) within 24 hours after obtaining the results of the test. This reporting requirement
9351 also applies to results obtained on specimens sent to an out-of-state laboratory for analysis.
9352 (2) The director of a medical laboratory located outside this state that receives a
9353 specimen obtained inside this state is responsible for reporting the results of any test that
9354 confirm a condition or illness described in Subsection [
9355 hours of obtaining the results, provided that the laboratory that performs the test has agreed to
9356 the reporting requirements of this state.
9357 (3) If a medical laboratory is part of a health care facility subject to the reporting
9358 requirements of this [
9359 required by this section on behalf of the health care facility.
9360 (4) The report required by this section shall be submitted in accordance with
9361 Subsection [
9362 (5) The director of a medical laboratory is subject to the penalties of Subsection
9363 [
9364 Section 288. Section 26B-7-320, which is renumbered from Section 26-23b-107 is
9365 renumbered and amended to read:
9366 [
9367 (1) A health care provider may not be discharged, suspended, disciplined, or harassed
9368 for making a report [
9369 (2) A health care provider may not incur any civil or criminal liability as a result of
9370 making any report under [
9371 report is made in good faith.
9372 Section 289. Section 26B-7-321, which is renumbered from Section 26-23b-108 is
9373 renumbered and amended to read:
9374 [
9375 diseases -- Termination of orders of constraint.
9376 (1) Subject to Subsection (6), the department shall:
9377 (a) ascertain the existence of cases of an illness or condition caused by the factors
9378 described in Subsections [
9379 (b) investigate all such cases for sources of infection or exposure;
9380 (c) ensure that any cases, suspected cases, and exposed persons are subject to proper
9381 control measures; and
9382 (d) define the distribution of the suspected illness or health condition.
9383 (2) (a) Acting on information received from the reports required by this [
9384 Sections 26B-7-316 through 26B-7-320, or other reliable information, the department shall
9385 identify all individuals thought to have been exposed to an illness or condition described in
9386 Subsection [
9387 (b) The department may request information from a health care provider concerning an
9388 individual's identifying information as described in Subsection [
9389 when:
9390 (i) the department is investigating a potential illness or condition described in
9391 Subsection [
9392 to the department with the information requested; or
9393 (ii) the department has received a report from a pharmacist under Section [
9394 26B-7-318, a medical laboratory under Section [
9395 provider under Subsection [
9396 investigation is necessary to protect the public health.
9397 (c) A health care provider shall submit the information requested under this section to
9398 the department within 24 hours after receiving a request from the department.
9399 (3) The department shall counsel and interview identified individuals as appropriate to:
9400 (a) assist in the positive identification of other cases and exposed individuals;
9401 (b) develop information relating to the source and spread of the illness or condition;
9402 and
9403 (c) obtain the names, addresses, phone numbers, or other identifying information of
9404 any other person from whom the illness or health condition may have been contracted and to
9405 whom the illness or condition may have spread.
9406 (4) The department shall, for examination purposes, close, evacuate, or decontaminate
9407 any facility when the department reasonably believes that such facility or material may
9408 endanger the public health due to a condition or illness described in Subsection [
9409 26B-7-316(1).
9410 (5) The department [
9411 an individual collected by the department as a result of a report under [
9412 26B-7-316 through 26B-7-322 upon the earlier of:
9413 (a) the department's determination that the information is no longer necessary to carry
9414 out an investigation under this [
9415 (b) 180 days after the information is collected.
9416 (6) (a) The Legislature may at any time terminate by joint resolution an order of
9417 constraint issued by the department in response to a declared public health emergency.
9418 (b) A county governing body may at any time terminate by majority vote an order of
9419 constraint issued by the relevant local health department in response to a declared public health
9420 emergency.
9421 Section 290. Section 26B-7-322, which is renumbered from Section 26-23b-109 is
9422 renumbered and amended to read:
9423 [
9424 The department may enforce the provisions of [
9425 through 26B-7-323 in accordance with existing enforcement laws and regulations.
9426 Section 291. Section 26B-7-323, which is renumbered from Section 26-23b-110 is
9427 renumbered and amended to read:
9428 [
9429 authorities.
9430 (1) [
9431 state, or federal law enforcement authority including the Division of Emergency Management,
9432 emergency medical services personnel, and firefighters.
9433 (2) Notwithstanding the provisions of Title 63G, Chapter 2, Government Records
9434 Access and Management Act:
9435 (a) whenever a public safety authority suspects a case of a reportable illness or
9436 condition under the provisions of this chapter, it shall immediately notify the department;
9437 (b) whenever the department learns of a case of a reportable illness or condition under
9438 this [
9439 one of the factors listed in Subsection [
9440 immediately notify the appropriate public safety authority; and
9441 (c) sharing of information reportable under [
9442 between persons authorized by this [
9443 the treatment, control, investigation, and prevention of a public health emergency.
9444 [
9445
9446 Section 292. Section 26B-7-324 is enacted to read:
9447 26B-7-324. Applicability of confidentiality provisions
9448 The provisions of Sections 26B-7-217 and 26B-7-218 apply to information collected
9449 under Sections 26B-7-316 through 26B-7-323 except to the extent that application of a
9450 provision in Section 26B-7-217 or 26B-7-218 is inconsistent with Sections 26B-7-316 through
9451 26B-7-323.
9452 Section 293. Section 26B-7-401, which is renumbered from Section 26-15a-102 is
9453 renumbered and amended to read:
9454
9455 [
9456 As used in this part:
9457 (1) "Agricultural tourism activity" means the same as that term is defined in Section
9458 78B-4-512.
9459 (2) "Agritourism" means the same as that term is defined in Section 78B-4-512.
9460 (3) "Agritourism food establishment" means a non-commercial kitchen facility where
9461 food is handled, stored, or prepared to be offered for sale on a farm in connection with an
9462 agricultural tourism activity.
9463 (4) "Agritourism food establishment permit" means a permit issued by a local health
9464 department to the operator for the purpose of operating an agritourism food establishment.
9465 [
9466 back country guiding or outfitting business that:
9467 (a) provides food services; and
9468 (b) meets department recognized federal or state food service safety regulations for
9469 food handlers.
9470 [
9471 establishment who:
9472 (a) passes successfully a department-approved examination;
9473 (b) successfully completes, every three years, renewal requirements established by
9474 department rule consistent with original certification requirements; and
9475 (c) submits to the appropriate local health department the documentation required by
9476 Section [
9477 (7) "Farm" means a working farm, ranch, or other commercial agricultural,
9478 aquacultural, horticultural, or forestry operation.
9479 (8) "Food" means:
9480 (a) a raw, cooked, or processed edible substance, ice, nonalcoholic beverage, or
9481 ingredient used or intended for use or for sale, in whole or in part, for human consumption; or
9482 (b) chewing gum.
9483 [
9484 organization where potentially hazardous foods, as defined by the department under Section
9485 26B-7-410, are prepared and intended for individual portion service and consumption by the
9486 general public, whether the consumption is on or off the premises, and whether or not a fee is
9487 charged for the food.
9488 [
9489
9490 [
9491
9492 (10) (a) "Microenterprise home kitchen" means a non-commercial kitchen facility
9493 located in a private home and operated by a resident of the home where ready-to-eat food is
9494 handled, stored, prepared, or offered for sale.
9495 (b) "Microenterprise home kitchen" does not include:
9496 (i) a catering operation;
9497 (ii) a cottage food operation;
9498 (iii) a food truck;
9499 (iv) an agritourism food establishment;
9500 (v) a bed and breakfast; or
9501 (vi) a residence-based group care facility.
9502 (11) "Microenterprise home kitchen permit" means a permit issued by a local health
9503 department to the operator for the purpose of operating a microenterprise home kitchen.
9504 (12) "Ready-to-eat" means:
9505 (a) raw animal food that is cooked;
9506 (b) raw fruits and vegetables that are washed;
9507 (c) fruits and vegetables that are cooked for hot holding;
9508 (d) a time or temperature control food that is cooked to the temperature and time
9509 required for the specific food in accordance with rules made by the department in accordance
9510 with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; or
9511 (e) a bakery item for which further cooking is not required for food safety.
9512 (13) "Time or temperature control food" means food that requires time or temperature
9513 controls for safety to limit pathogenic microorganism growth or toxin formation.
9514 Section 294. Section 26B-7-402, which is renumbered from Section 26-15-2 is
9515 renumbered and amended to read:
9516 [
9517 The department shall establish and enforce, or provide for the enforcement of minimum
9518 rules of sanitation necessary to protect the public health. Such rules shall include, but not be
9519 limited to, rules necessary for the design, construction, operation, maintenance, or expansion
9520 of:
9521 (1) restaurants and all places where food or drink is handled, sold or served to the
9522 public;
9523 (2) public swimming pools;
9524 (3) public baths including saunas, spas, massage parlors, and suntan parlors;
9525 (4) public bathing beaches;
9526 (5) schools which are publicly or privately owned or operated;
9527 (6) recreational resorts, camps, and vehicle parks;
9528 (7) amusement parks and all other centers and places used for public gatherings;
9529 (8) mobile home parks and highway rest stops;
9530 (9) construction or labor camps;
9531 (10) jails, prisons and other places of incarceration or confinement;
9532 (11) hotels and motels;
9533 (12) lodging houses and boarding houses;
9534 (13) service stations;
9535 (14) barbershops and beauty shops, including a facility in which one or more
9536 individuals are engaged in:
9537 (a) any of the practices licensed under Title 58, Chapter 11a, Cosmetology and
9538 Associated Professions Licensing Act; or
9539 (b) styling hair in accordance with the exemption from licensure described in Section
9540 58-11a-304(13);
9541 (15) physician and dentist offices;
9542 (16) public buildings and grounds;
9543 (17) public conveyances and terminals; and
9544 (18) commercial tanning facilities.
9545 Section 295. Section 26B-7-403, which is renumbered from Section 26-15-3 is
9546 renumbered and amended to read:
9547 [
9548 (1) The department shall advise the Division of Professional Licensing and the
9549 Uniform Building Code Commission with respect to the adoption of a state construction code
9550 under Section 15A-1-204, including providing recommendations as to:
9551 (a) a specific edition of a plumbing code issued by a nationally recognized code
9552 authority; and
9553 (b) any amendments to a nationally recognized code.
9554 (2) The department may enforce the plumbing code adopted under Section 15A-1-204.
9555 (3) Section 58-56-9 does not apply to health inspectors acting under this section.
9556 Section 296. Section 26B-7-404, which is renumbered from Section 26-15-4 is
9557 renumbered and amended to read:
9558 [
9559 The department shall establish rules necessary to protect the public health for the
9560 design, and construction, operation and maintenance of individual wastewater disposal
9561 systems.
9562 Section 297. Section 26B-7-405, which is renumbered from Section 26-15-7 is
9563 renumbered and amended to read:
9564 [
9565 (1) As used in this section:
9566 (a) "Pest" means a noxious, destructive, or troublesome organism whether plant or
9567 animal, when found in and around places of human occupancy, habitation, or use which
9568 threatens the public health or well being of the people within the state.
9569 (b) "Vector" means any organism, such as insects or rodents, that transmits a pathogen
9570 that can affect public health.
9571 (2) The department shall adopt rules to provide for the protection of the public health by
9572 controlling or preventing the spread of vector-borne diseases and infections and to control or
9573 reduce pests by the elimination of insanitary conditions which may include but not be limited
9574 to breeding areas, shelter, harborage or sources of food associated with such diseases or pests.
9575 Section 298. Section 26B-7-406, which is renumbered from Section 26-15-8 is
9576 renumbered and amended to read:
9577 [
9578 -- Minimum statewide enforcement standards -- Technical assistance.
9579 (1) The department shall periodically evaluate the sanitation programs of local health
9580 departments to determine the levels of sanitation being maintained throughout the state.
9581 (2) (a) The department shall ensure that each local health department's enforcement of
9582 the minimum rules of sanitation adopted under Section [
9583 and other places where food or drink is handled meets or exceeds minimum statewide
9584 enforcement standards established by the department by administrative rule.
9585 (b) Administrative rules adopted under Subsection (2)(a) shall include at least:
9586 (i) the minimum number of periodic on-site inspections that shall be conducted by each
9587 local health department;
9588 (ii) criteria for conducting additional inspections; and
9589 (iii) standardized methods to be used by local health departments to assess compliance
9590 with the minimum rules of sanitation adopted under Section [
9591 (c) The department shall help local health departments comply with the minimum
9592 statewide enforcement standards adopted under this Subsection (2) by providing technical
9593 assistance.
9594 Section 299. Section 26B-7-407, which is renumbered from Section 26-15-13 is
9595 renumbered and amended to read:
9596 [
9597 (1) For purposes of this section:
9598 (a) "Minor" means [
9599 18 years old.
9600 (b) "Phototherapy device" means equipment that emits ultraviolet radiation used by a
9601 health care professional in the treatment of disease.
9602 (c) (i) "Tanning device" means equipment to which a tanning facility provides access
9603 that emits electromagnetic radiation with wavelengths in the air between 200 and 400
9604 nanometers used for tanning of the skin, including:
9605 (A) a sunlamp; and
9606 (B) a tanning booth or bed.
9607 (ii) "Tanning device" does not include a phototherapy device.
9608 (d) "Tanning facility" means a commercial location, place, area, structure, or business
9609 that provides access to a tanning device.
9610 (2) A tanning facility shall:
9611 (a) annually obtain a permit to do business as a tanning facility from the local health
9612 department with jurisdiction over the location in which the facility is located; and
9613 (b) in accordance with Subsection (3) post a warning sign in a conspicuous location
9614 that is readily visible to a person about to use a tanning device.
9615 (3) The posted warning and written consent required by Subsections (2) and (5) shall
9616 be developed by the department through administrative rules and shall include:
9617 (a) that there are health risks associated with the use of a tanning device;
9618 (b) that the facility may not allow a minor to use a tanning device unless the minor:
9619 (i) has a written order from a physician; or
9620 (ii) at each time of use is accompanied at the tanning facility by a parent or legal
9621 guardian who provides written consent authorizing the minor to use the tanning device.
9622 (4) It is unlawful for any operator of a tanning facility to allow a minor to use a tanning
9623 device unless:
9624 (a) the minor has a written order from a physician as defined in Section 58-67-102, to
9625 use a tanning device as a medical treatment; or
9626 (b) (i) the minor's parent or legal guardian appears in person at the tanning facility each
9627 time that the minor uses a tanning device, except that the minor's parent or legal guardian is not
9628 required to remain at the facility for the duration of the use; and
9629 (ii) the minor's parent or legal guardian signs the consent form required in Subsection
9630 (5).
9631 (5) The written consent required by Subsection (4) shall be signed and dated each time
9632 the minor uses a tanning device at the facility, and shall include at least:
9633 (a) information concerning the health risks associated with the use of a tanning device;
9634 and
9635 (b) a statement that:
9636 (i) the parent or legal guardian of the minor has read and understood the warnings
9637 given by the tanning facility, and consents to the minor's use of a tanning device; and
9638 (ii) the parent or legal guardian agrees that the minor will use protective eye wear.
9639 (6) The department shall adopt administrative rules in accordance with Title 63G,
9640 Chapter 3, Utah Administrative Rulemaking Act, specifying:
9641 (a) minimum requirements a tanning facility shall satisfy to obtain a permit under
9642 Subsection (2);
9643 (b) the written information concerning health risks a facility should include in the
9644 posted signs required by Subsection (3) and in the consent form required by Subsection (5);
9645 (c) procedures a tanning facility shall implement to ensure a minor and the minor's
9646 parent or legal guardian comply with Subsections (4) and (5), including use of a statewide
9647 uniform form:
9648 (i) for a parent or legal guardian to certify and give consent under Subsection (5); and
9649 (ii) that clearly identifies the department's seal or other means to indicate that the form
9650 is an official form of the department; and
9651 (d) the size, placement, and content of the sign a tanning facility must post under
9652 Subsection (2).
9653 (7) (a) A violation of this section:
9654 (i) is an infraction; and
9655 (ii) may result in the revocation of a permit to do business as a tanning facility.
9656 (b) If a person misrepresents to a tanning facility that the person is 18 years of age or
9657 older, the person is guilty of an infraction.
9658 (8) This section [
9659 of a political subdivision that:
9660 (a) imposes restrictions on access to a tanning device by a person younger than age 18
9661 that is not essentially identical to the provisions of this section; or
9662 (b) that require the posting of warning signs at the tanning facility that are not
9663 essentially identical to the provisions of this section.
9664 Section 300. Section 26B-7-408, which is renumbered from Section 26-31-201 is
9665 renumbered and amended to read:
9666 [
9667 service and not a sale -- Blood donation by a minor.
9668 (1) As used in this section:
9669 (a) "Blood" means human blood.
9670 (b) "Blood product" includes:
9671 (i) whole blood;
9672 (ii) blood plasma;
9673 (iii) a blood derivative;
9674 (iv) blood platelets; and
9675 (v) blood clotting agents.
9676 (2) The following are considered to be the rendition of a service by each participant
9677 and are not considered to be a sale:
9678 [
9679 purpose of injecting or transfusing the blood product into the human body; and
9680 [
9681 (3) A minor who is at least 16 years old may donate blood to a voluntary,
9682 noncompensatory blood donation program if a parent or legal guardian of the minor consents to
9683 the donation.
9684 Section 301. Section 26B-7-409, which is renumbered from Section 26-51-201 is
9685 renumbered and amended to read:
9686 [
9687 decontamination -- Public education concerning methamphetamine contamination.
9688 (1) The department shall make rules adopting scientifically-based standards for
9689 methamphetamine decontamination.
9690 (2) A local health department, as defined in Title 26A, Local Health Authorities, shall
9691 follow rules made by the department under Subsection (1) in administering Title 19, Chapter 6,
9692 Part 9, Illegal Drug Operations Site Reporting and Decontamination Act.
9693 (3) The department shall conduct a public education campaign to inform the public
9694 about potential health risks of methamphetamine contamination.
9695 Section 302. Section 26B-7-410, which is renumbered from Section 26-15a-104 is
9696 renumbered and amended to read:
9697 [
9698 Enforcement -- Right of appeal -- Rulemaking -- Enforcement by local health
9699 departments.
9700 (1) Each food service establishment in the state shall be managed by at least one
9701 full-time certified food safety manager at each establishment site, who need not be present at
9702 the establishment site during all its hours of operation.
9703 (2) Within 60 days of the termination of a certified food safety manager's employment
9704 that results in the food service establishment no longer being in compliance with Subsection
9705 (1), the food service establishment shall:
9706 (a) employ a new certified food safety manager; or
9707 (b) designate another employee to become the establishment's certified food safety
9708 manager who shall commence a department-approved food safety manager training course.
9709 (3) Compliance with the 60-day time period provided in Subsection (2) may be
9710 extended by the local health department for reasonable cause, as determined by the department
9711 by rule.
9712 (4) (a) The local health department may determine whether a food service
9713 establishment is in compliance with this section by visiting the establishment during regular
9714 business hours and requesting information and documentation about the employment of a
9715 certified food safety manager.
9716 (b) If a violation of this section is identified, the local health department shall propose
9717 remedial action to bring the food service establishment into compliance.
9718 (c) (i) A food service establishment receiving notice of a violation and proposed
9719 remedial action from a local health department may appeal the notice of violation and proposed
9720 remedial action pursuant to procedures established by the local health department, which shall
9721 be essentially consistent with the provisions of Title 63G, Chapter 4, Administrative
9722 Procedures Act.
9723 (ii) Notwithstanding the provisions of Section 63G-4-402, an appeal of a local health
9724 department decision [
9725 proceeding, and not as a review of the proceedings conducted by the local health department.
9726 (iii) The [
9727 local health department.
9728 (5) (a) The department shall establish by rule made in accordance with Title 63G,
9729 Chapter 3, Utah Administrative Rulemaking Act:
9730 (i) a definition of "potentially hazardous foods" for purposes of this section and Section
9731 26B-7-401; and
9732 (ii) any provisions necessary to implement this section.
9733 (b) The local health department with jurisdiction over the geographic area in which a
9734 food service establishment is located shall enforce the provisions of this section.
9735 Section 303. Section 26B-7-411, which is renumbered from Section 26-15a-105 is
9736 renumbered and amended to read:
9737 [
9738 requirements.
9739 (1) The following are not subject to the provisions of Section [
9740 (a) special events sponsored by municipal or nonprofit civic organizations, including
9741 food booths at school sporting events and little league athletic events and church functions;
9742 (b) temporary event food services approved by a local health department;
9743 (c) vendors and other food service establishments that serve only commercially
9744 prepackaged foods and beverages as defined by the department by rule;
9745 (d) private homes not used as a commercial food service establishment;
9746 (e) health care facilities licensed under Chapter [
9747 Licensing and Inspection [
9748 (f) bed and breakfast establishments at which the only meal served is a continental
9749 breakfast as defined by the department by rule;
9750 (g) residential child care providers;
9751 (h) child care providers and programs licensed under [
9752
9753 (i) back country food service establishments;
9754 (j) an event that is sponsored by a charitable organization, if, at the event, the
9755 organization:
9756 (i) provides food to a disadvantaged group free of charge; and
9757 (ii) complies with rules established by the department under Subsection (3); and
9758 (k) a lowest risk or permitted food establishment category determined by a risk
9759 assessment evaluation established by the department by administrative rule adopted in
9760 accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
9761 (2) Nothing in this section may be construed as exempting a food service establishment
9762 described in Subsection (1) from any other applicable food safety laws of this state.
9763 (3) The department may establish additional requirements, in accordance with Title
9764 63G, Chapter 3, Utah Administrative Rulemaking Act, for charitable organizations providing
9765 food for free under Subsection (1)(j).
9766 Section 304. Section 26B-7-412, which is renumbered from Section 26-15a-106 is
9767 renumbered and amended to read:
9768 [
9769 (1) Before a person may manage a food service establishment as a certified food safety
9770 manager, that person shall submit documentation in the format prescribed by the department to
9771 the appropriate local health department indicating a passing score on a department-approved
9772 examination.
9773 (2) To continue to manage a food service establishment, a certified food safety
9774 manager shall:
9775 (a) successfully complete, every three years, renewal requirements established by
9776 department rule which are consistent with original certification requirements; and
9777 (b) submit documentation in the format prescribed by the department within 30 days of
9778 the completion of renewal requirements to the appropriate local health department.
9779 (3) A local health department may deny, revoke, or suspend the authority of a certified
9780 food safety manager to manage a food service establishment or require the completion of
9781 additional food safety training courses for any one of the following reasons:
9782 (a) submitting information required under Subsection (1) or (2) that is false,
9783 incomplete, or misleading;
9784 (b) repeated violations of department or local health department food safety rules; or
9785 (c) operating a food service establishment in a way that causes or creates a health
9786 hazard or otherwise threatens the public health, safety, or welfare.
9787 (4) A determination of a local health department made pursuant to Subsection (3) may
9788 be appealed by a certified food safety manager in the same manner provided for in Subsection
9789 [
9790 (5) No person may use the title "certified food safety manager," or any other similar
9791 title, unless the person has satisfied the requirements of this chapter.
9792 (6) A local health department:
9793 (a) may not charge a fee to accept or process the documentation described in
9794 Subsections (1) and (2);
9795 (b) shall accept photocopies or electronic copies of the documentation described in
9796 Subsections (1) and (2); and
9797 (c) shall allow an individual to submit the documentation described in Subsections (1)
9798 and (2) by mail, email, or in person.
9799 (7) Certified food safety managers shall:
9800 (a) establish and monitor compliance with practices and procedures in the food service
9801 establishments where they are employed to maintain compliance with department and local
9802 health department food safety rules; and
9803 (b) perform such other duties that may be necessary to ensure food safety in the food
9804 service establishments where they are employed.
9805 (8) (a) The department shall establish by rule made in accordance with Title 63G,
9806 Chapter 3, Utah Administrative Rulemaking Act:
9807 (i) statewide, uniform standards for certified food safety managers;
9808 (ii) criteria for food safety certification examinations; and
9809 (iii) any provisions necessary to implement this section.
9810 (b) The department shall approve food safety certification examinations in accordance
9811 with this section.
9812 (c) The local health department with jurisdiction over the geographic area in which a
9813 food service establishment is located shall enforce the provisions of this section.
9814 Section 305. Section 26B-7-413, which is renumbered from Section 26-15-5 is
9815 renumbered and amended to read:
9816 [
9817 and testing requirements for permit -- Rulemaking -- Exceptions.
9818 (1) As used in this section:
9819 (a) "Approved food handler training program" means a training program described by
9820 this section and approved by the department.
9821 (b) "Food handler" means a person who works with unpackaged food, food equipment
9822 or utensils, or food-contact surfaces for a food service establishment.
9823 (c) "Food handler permit" means a permit issued by a local health department to allow
9824 a person to work as a food handler.
9825 [
9826
9827 [
9828 handler program on behalf of a provider.
9829 [
9830 training program.
9831 (2) A person may not work as a food handler for a food service establishment unless
9832 the person:
9833 (a) successfully completes an approved food handler training program within 14 days
9834 after the day on which the person begins employment that includes food handler services; and
9835 (b) obtains a food handler permit within 30 days after the day on which the person
9836 begins employment that includes food handler services.
9837 (3) An approved food handler training program shall include:
9838 (a) at least 75 minutes of training time;
9839 (b) an exam, which requires a passing score of 75% and, except as provided in
9840 Subsection (11), consists of:
9841 (i) 40 multiple-choice questions developed by the department, in consultation with
9842 local health departments; and
9843 (ii) four content sections designated by rule of the department with 10 randomly
9844 selected questions for each content section; and
9845 (c) upon completion, the awarding of a certificate of completion that is valid with any
9846 local health department in the state for 30 days after the day on which the certificate is issued:
9847 (i) to a student who:
9848 (A) completes the training; and
9849 (B) passes the exam described in this Subsection (3) or an exam approved by the
9850 department in accordance with Subsection (11); and
9851 (ii) which certificate of completion:
9852 (A) includes student identifying information determined by department rule; and
9853 (B) is delivered by mail or electronic means.
9854 (4) (a) A person may obtain a food handler permit by:
9855 (i) providing a valid certificate of completion of an approved food handler training
9856 program and an application, approved by the local health department, to a local health
9857 department; and
9858 (ii) paying a food handler permit fee to the local health department.
9859 (b) (i) A local health department may charge a food handler permit fee that is
9860 reasonable and that reflects the cost of managing the food safety program.
9861 (ii) The department shall establish by rule the maximum amount a local health
9862 department may charge for the fee described in Subsection (4)(b)(i).
9863 (5) A person working as a food handler for a food service establishment shall obtain a
9864 food handler permit:
9865 (a) before handling any food;
9866 (b) within 30 days of initial employment with a food service establishment; and
9867 (c) within seven days of the expiration of an existing food handler permit.
9868 (6) (a) A person who holds a valid food handler permit under this section may serve as
9869 a food handler throughout the state without restriction.
9870 (b) A food handler permit granted after June 30, 2013, is valid for three years from the
9871 date of issuance.
9872 (7) An individual may not serve as an instructor, unless the provider includes the
9873 individual on the provider's list of instructors.
9874 (8) The department, in consultation with local health departments, shall:
9875 (a) approve the content of an approved food handler training program required under
9876 Subsection (3);
9877 (b) approve, as qualified, each provider; and
9878 (c) in accordance with applicable rules made under Subsection (12), provide a means to
9879 authenticate:
9880 (i) documents used in an approved food handler training program;
9881 (ii) the identity of an approved instructor; and
9882 (iii) an approved provider.
9883 (9) An approved food handler training program shall:
9884 (a) provide basic instruction on the Centers for Disease Control and Prevention's top
9885 five foodborne illness risk factors, including:
9886 (i) improper hot and cold holding temperatures of potentially hazardous food;
9887 (ii) improper cooking temperatures of food;
9888 (iii) dirty or contaminated utensils and equipment;
9889 (iv) poor employee health and hygiene; and
9890 (v) food from unsafe sources;
9891 (b) be offered through:
9892 (i) a trainer-led class;
9893 (ii) the Internet; or
9894 (iii) a combination of a trainer-led class and the Internet;
9895 (c) maintain a system to verify a certificate of completion of an approved food handler
9896 training program issued under Subsection (3) to the department, a local health department, and
9897 a food service establishment; and
9898 (d) provide to the department unrestricted access to classroom training sessions and
9899 online course materials at any time for audit purposes.
9900 (10) (a) A provider that provides an approved food handler training program may
9901 charge a reasonable fee.
9902 (b) If a person or an entity is not approved by the department to provide an approved
9903 food handler training program, the person or entity may not represent, in connection with the
9904 person's or entity's name or business, including in advertising, that the person or entity is a
9905 provider of an approved food handler training program or otherwise represent that a program
9906 offered by the person or entity will qualify an individual to work as a food handler in the state.
9907 (11) (a) Subject to the approval of the department every three years, a provider may use
9908 an exam that consists of questions that do not conform with the provisions of Subsection
9909 (3)(b), if:
9910 (i) the provider complies with the provisions of this Subsection (11);
9911 (ii) the provider pays a fee every three years to the department, which fee shall be
9912 determined by the department and shall reflect the cost of the review of the alternative test
9913 questions; and
9914 (iii) an independent instructional design and testing expert provides a written report to
9915 the department containing a positive recommendation based on the expert's analysis as
9916 described in Subsection 11(b).
9917 (b) (i) A provider may request approval of a different bank of test questions other than
9918 the questions developed under Subsection (3) by submitting to the department a proposed bank
9919 of at least 200 test questions organized by learning objective in accordance with Subsection
9920 (9)(a).
9921 (ii) A provider proposing a different bank of test questions under this Subsection (11)
9922 shall contract with an independent instructional design and testing expert approved by the
9923 department at the provider's expense to analyze the provider's bank of test questions to ensure
9924 the questions:
9925 (A) effectively measure the applicant's knowledge of the required learning objectives;
9926 and
9927 (B) meet the appropriate testing standards for question structure.
9928 (c) If the department provides written notice to a provider that any test question of the
9929 provider's approved exam under this Subsection (11) inadequately tests the required learning
9930 objectives, the provider shall make required changes to the question within 30 days after the
9931 day on which written notice is received by the provider.
9932 (d) A food handler exam offered by a provider may be:
9933 (i) a written exam;
9934 (ii) an online exam; or
9935 (iii) an oral exam, if circumstances require, including when an applicant's language or
9936 reading abilities interfere with taking a written or online exam.
9937 (e) A provider shall routinely rotate test questions from the test question bank, change
9938 the order of test questions in tests, and change the order of multiple-choice answers in test
9939 questions to discourage cheating.
9940 (12) (a) When exercising rulemaking authority under this section the department shall
9941 comply with the requirements of Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
9942 (b) The department shall, by rule, establish requirements designed to inhibit fraud for
9943 an approved food handler training program described in this section.
9944 (c) The requirements described in Subsection (12)(b) may include requirements to
9945 ensure that:
9946 (i) an individual does not attempt to complete the program or exam in another
9947 individual's place;
9948 (ii) an individual taking the approved food handler training program is focused on
9949 training material and actively engaged throughout the training period;
9950 (iii) if the individual is unable to participate online because of technical difficulties, an
9951 approved food handler training program provides technical support, such as requiring a
9952 telephone number, email, or other method of communication to allow an individual taking the
9953 online course or test to receive assistance;
9954 (iv) an approved food handler training program provider maintains a system to reduce
9955 fraud as to who completes an approved food handler training program, such as requiring a
9956 distinct online certificate with information printed on the certificate that identifies a person
9957 taking an online course or exam, or requiring measures to inhibit duplication of a certificate of
9958 completion or of a food handler permit;
9959 (v) the department may audit an approved food handler training program;
9960 (vi) an individual taking an online course or certification exam has the opportunity to
9961 provide an evaluation of the online course or test;
9962 (vii) an approved food handler training program provider track the Internet protocol
9963 address or similar electronic location of an individual who takes an online course or
9964 certification exam;
9965 (viii) an individual who takes an online course or exam uses an electronic signature; or
9966 (ix) if the approved food handler training program provider learns that a certificate of
9967 completion does not accurately reflect the identity of the individual who took the online course
9968 or certification exam, an approved food handler training program provider invalidates the
9969 certificate of completion.
9970 (13) An instructor is not required to satisfy any additional training requirements if the
9971 instructor:
9972 (a) is an educator in a public or private school; and
9973 (b) teaches a food program that includes food safety in a public or private school in
9974 which the instructor is an educator.
9975 (14) (a) This section does not apply to an individual who handles food:
9976 (i) at an event sponsored by a charitable organization where the organization provides
9977 food to a disadvantaged group free of charge; and
9978 (ii) in compliance with rules established by the department under Subsection (2).
9979 (b) The department may establish additional requirements, in accordance with Title
9980 63G, Chapter 3, Utah Administrative Rulemaking Act, for individuals handling food at an
9981 event sponsored by a charitable organization under Subsection (14)(a).
9982 Section 306. Section 26B-7-414, which is renumbered from Section 26-15-9 is
9983 renumbered and amended to read:
9984 [
9985 The department and local health departments may impound any food products found in
9986 places where food or drink is handled, sold, or served to the public that is intended for but
9987 found to be adulterated and unfit for human consumption; and, upon five days notice and
9988 reasonable opportunity for a hearing to the interested parties, to condemn and destroy the same
9989 if deemed necessary for the protection of the public health.
9990 Section 307. Section 26B-7-415, which is renumbered from Section 26-15b-105 is
9991 renumbered and amended to read:
9992 [
9993 Permit requirements -- Inspections.
9994 (1) As used in this section, "operator" means a person who owns, manages, or controls,
9995 or who has the duty to manage or control, the farm.
9996 (2) (a) A farm may not operate an agritourism food establishment unless the farm
9997 obtains a permit from the local health department that has jurisdiction over the area in which
9998 the farm is located.
9999 (b) In accordance with Section 26A-1-121, and subject to the restrictions of this
10000 section, a local health department shall make standards and regulations relating to the
10001 permitting of an agritourism food establishment.
10002 (c) In accordance with Section 26A-1-114, a local health department shall impose a fee
10003 for an agritourism food establishment permit in an amount that reimburses the local health
10004 department for the cost of regulating the agritourism food establishment.
10005 (3) (a) A local health department with jurisdiction over an area in which a farm is
10006 located may grant an agritourism food establishment permit to the farm.
10007 (b) Nothing in this section prevents a local health department from revoking an
10008 agritourism food establishment permit issued by the local health department if the operation of
10009 the agritourism food establishment violates the terms of the permit or the requirements of this
10010 section.
10011 [
10012 (a) poultry products that are served at the agritourism food establishment are
10013 slaughtered and processed in compliance with the Poultry Products Inspection Act, 21 U.S.C.
10014 Sec. 451 et seq., and the applicable regulations issued pursuant to that act;
10015 (b) meat not described in Subsection [
10016 establishment is slaughtered and processed in compliance with the Federal Meat Inspection
10017 Act, 21 U.S.C. Sec. 601 et seq., and the applicable regulations issued pursuant to that act;
10018 (c) a kitchen facility used to prepare food for the agritourism food establishment meets
10019 the requirements established by the department;
10020 (d) the farm operates the agritourism food establishment for no more than 14
10021 consecutive days at a time; and
10022 (e) the farm complies with the requirements of this section.
10023 [
10024 Administrative Rulemaking Act, make rules regarding sanitation, equipment, and maintenance
10025 requirements for agritourism food establishments.
10026 [
10027 (a) ensure compliance with the rules described in Subsection (2) when inspecting a
10028 kitchen facility;
10029 (b) notwithstanding Section 26A-1-113, inspect the kitchen facility of a farm that
10030 requests an agritourism food establishment permit only:
10031 (i) for an initial inspection, no more than one week before the agritourism food
10032 establishment is scheduled to begin operation;
10033 (ii) for an unscheduled inspection:
10034 (A) of an event scheduled to last no more than three days if the local health department
10035 conducts the inspection within three days before or after the day on which the agritourism food
10036 establishment is scheduled to begin operation; or
10037 (B) of an event scheduled to last longer than three days if the local health department
10038 conducts the inspection within three days before or after the day on which the agritourism food
10039 establishment is scheduled to begin operation, or conducts the inspection during operating
10040 hours of the agritourism food establishment; or
10041 (iii) for subsequent inspections if:
10042 (A) the local health department provides the operator with reasonable advanced notice
10043 about an inspection; or
10044 (B) the local health department has a valid reason to suspect that the agritourism food
10045 establishment is the source of an adulterated food or of an outbreak of illness caused by a
10046 contaminated food; and
10047 (c) document the reason for any inspection after the permitting inspection, keep a copy
10048 of that documentation on file with the agritourism food establishment's permit, and provide a
10049 copy of that documentation to the operator.
10050 [
10051 (a) take steps to avoid any potential contamination to:
10052 (i) food;
10053 (ii) equipment;
10054 (iii) utensils; or
10055 (iv) unwrapped single-service and single-use articles; and
10056 (b) prevent an individual from entering the food preparation area while food is being
10057 prepared if the individual is known to be suffering from:
10058 (i) symptoms associated with acute gastrointestinal illness; or
10059 (ii) a communicable disease that is transmissible through food.
10060 [
10061 not make rules regarding:
10062 (a) hand washing facilities, except to require that a hand washing station supplied with
10063 warm water, soap, and disposable hand towels is conveniently located;
10064 (b) kitchen sinks, kitchen sink compartments, and dish sanitation, except to require that
10065 the kitchen sink has hot and cold water, a sanitizing agent, is fully operational, and that dishes
10066 are sanitized between each use;
10067 (c) the individuals allowed access to the food preparation areas, food storage, and
10068 washing areas, except during food preparation;
10069 (d) display guards, covers, or containers for display foods, except to require that any
10070 food on display that is not protected from the direct line of a consumer's mouth by an effective
10071 means is not served or sold to any subsequent consumer;
10072 (e) outdoor display and sale of food, except to require that food is maintained at proper
10073 holding temperatures;
10074 (f) reuse by an individual of drinking cups and tableware for multiple portions;
10075 (g) utensils and equipment, except to require that utensils and equipment used in the
10076 home kitchen:
10077 (i) retain their characteristic qualities under normal use conditions;
10078 (ii) are properly sanitized after use; and
10079 (iii) are maintained in a sanitary manner between uses;
10080 (h) food contact surfaces, except to require that food contact surfaces are smooth,
10081 easily cleanable, in good repair, and properly sanitized between tasks;
10082 (i) non-food contact surfaces, if those surfaces are made of materials ordinarily used in
10083 residential settings, except to require that those surfaces are kept clean from the accumulation
10084 of residue and debris;
10085 (j) clean-in-place equipment, except to require that the equipment is cleaned and
10086 sanitized between uses;
10087 (k) ventilation, except to require that gases, odors, steam, heat, grease, vapors, and
10088 smoke are able to escape the kitchen;
10089 (l) fixed temperature measuring devices or product mimicking sensors for the holding
10090 equipment for [
10091 temperature measuring devices for hot and cold holding of food during storage, serving, and
10092 cooling;
10093 (m) fixed floor-mounted and table-mounted equipment except to require that
10094 floor-mounted and table-mounted equipment be in good repair and sanitized between uses;
10095 (n) dedicated laundry facilities, except to require that linens used for the agritourism
10096 food establishment are stored and laundered separately from household laundry and that soiled
10097 laundry is stored to prevent contamination of food and equipment;
10098 (o) water, plumbing, drainage, and waste, except to require that sinks be supplied with
10099 hot water;
10100 (p) the number of and path of access to toilet facilities, except to require that toilet
10101 facilities are equipped with proper handwashing stations;
10102 (q) lighting, except to require that food preparation areas are well lit by natural or
10103 artificial light whenever food is being prepared;
10104 (r) designated dressing areas and storage facilities, except to require that items not
10105 ordinarily found in a home kitchen are placed or stored away from food preparation areas, that
10106 dressing takes place outside of the kitchen facility, and that food items are stored in a manner
10107 that does not allow for contamination;
10108 (s) the presence and handling of animals, except to require that all animals are kept
10109 outside of food preparation and service areas during food service and food preparation;
10110 (t) food storage, floor, wall, ceiling, and toilet surfaces, except to require that surfaces
10111 are smooth, of durable construction, easily cleanable, and kept clean and free of debris;
10112 (u) kitchen facilities open to living areas, except to require that food is only prepared,
10113 handled, or stored in kitchen and food storage areas;
10114 (v) submission of plans and specifications before construction or remodel of a kitchen
10115 facility;
10116 (w) the number and type of [
10117 offered for sale;
10118 (x) approved food sources, except those required by 9 C.F.R. Sec. 303.1;
10119 (y) the use of an open air barbeque, grill, or outdoor wood-burning oven; or
10120 (z) food safety certification, except any individual who is involved in the preparation,
10121 storage, or service of food in the agritourism food establishment shall hold a food handler
10122 permit as defined in Section [
10123 [
10124 provide to the local health department:
10125 (a) written consent to enter the premises where food is prepared, cooked, stored, or
10126 harvested for the agritourism food establishment; and
10127 (b) written standard operating procedures that include:
10128 (i) all food that will be stored, handled, and prepared;
10129 (ii) the proposed procedures and methods of food preparation and handling;
10130 (iii) procedures, methods, and schedules for cleaning utensils and equipment;
10131 (iv) procedures and methods for the disposal of refuse; and
10132 (v) a plan for maintaining [
10133 appropriate temperatures for each [
10134 [
10135 local health department is required to inspect the farm as a source of an adulterated food or an
10136 outbreak of illness caused by a contaminated food and finds, as a result of that inspection, that
10137 the farm has produced an adulterated food or was the source of an outbreak of illness caused by
10138 a contaminated food, the local health department may charge and collect from the farm a fee
10139 for that inspection.
10140 [
10141 (a) is nontransferable;
10142 (b) is renewable on an annual basis;
10143 (c) is restricted to the location listed on the permit; and
10144 (d) shall provide the operator the opportunity to update the food types and products
10145 handled without requiring the operator to renew the permit.
10146 [
10147 of food event permit from a local health department.
10148 Section 308. Section 26B-7-416, which is renumbered from Section 26-15c-105 is
10149 renumbered and amended to read:
10150 [
10151 Safety and health inspections -- Permit requirements.
10152 (1) As used in this section, "operator" means an individual who resides in the private
10153 home and who manages or controls the microenterprise home kitchen.
10154 (2) (a) An operator may not operate a microenterprise home kitchen unless the operator
10155 obtains a permit from the local health department that has jurisdiction over the area in which
10156 the microenterprise home kitchen is located.
10157 (b) In accordance with Section 26A-1-121, and subject to the restrictions of this
10158 section, the department shall make standards and regulations relating to the permitting of a
10159 microenterprise home kitchen.
10160 (c) In accordance with Section 26A-1-114, a local health department shall impose a fee
10161 for a microenterprise home kitchen permit in an amount that reimburses the local health
10162 department for the cost of regulating the microenterprise home kitchen.
10163 (3) (a) A local health department with jurisdiction over an area in which a
10164 microenterprise home kitchen is located may grant a microenterprise home kitchen permit to
10165 the operator.
10166 (b) Nothing in this section prevents a local health department from revoking a
10167 microenterprise home kitchen permit issued by the local health department if the operation of
10168 the microenterprise home kitchen violates the terms of the permit or this section.
10169 [
10170 (a) food that is served at the microenterprise home kitchen is processed in compliance
10171 with state and federal regulations;
10172 (b) a kitchen facility used to prepare food for the microenterprise home kitchen meets
10173 the requirements established by the department;
10174 (c) the microenterprise home kitchen operates only during the hours approved in the
10175 microenterprise home kitchen permit; and
10176 (d) the microenterprise home kitchen complies with the requirements of this section.
10177 [
10178 Administrative Rulemaking Act, make rules regarding sanitation, equipment, and maintenance
10179 requirements for microenterprise home kitchens.
10180 [
10181 (a) ensure compliance with the rules described in Subsection [
10182 a microenterprise home kitchen;
10183 (b) notwithstanding Section 26A-1-113, inspect a microenterprise home kitchen that
10184 requests a microenterprise home kitchen permit only:
10185 (i) for an initial inspection, no more than one week before the microenterprise home
10186 kitchen is scheduled to begin operation;
10187 (ii) for an unscheduled inspection, if the local health department conducts the
10188 inspection:
10189 (A) within three days before or after the day on which the microenterprise home
10190 kitchen is scheduled to begin operation; or
10191 (B) during operating hours of the microenterprise home kitchen; or
10192 (iii) for subsequent inspections if:
10193 (A) the local health department provides the operator with reasonable advanced notice
10194 of the inspection; or
10195 (B) the local health department has a valid reason to suspect that the microenterprise
10196 home kitchen is the source of an adulterated food or of an outbreak of illness caused by a
10197 contaminated food; and
10198 (c) document the reason for any inspection after the initial inspection, keep a copy of
10199 that documentation on file with the microenterprise home kitchen's permit, and provide a copy
10200 of that documentation to the operator.
10201 [
10202 (a) take steps to avoid any potential contamination to:
10203 (i) food;
10204 (ii) equipment;
10205 (iii) utensils; or
10206 (iv) unwrapped single-service and single-use articles;
10207 (b) prevent an individual from entering the food preparation area while food is being
10208 prepared if the individual is known to be suffering from:
10209 (i) symptoms associated with acute gastrointestinal illness; or
10210 (ii) a communicable disease that is transmissible through food; and
10211 (c) comply with the following requirements:
10212 (i) time or temperature control food shall be prepared, cooked, and served on the same
10213 day;
10214 (ii) food that is sold or provided to a customer may not be consumed onsite at the
10215 microenterprise home kitchen operation;
10216 (iii) food that is sold or provided to a customer shall be picked up by the consumer or
10217 delivered within a safe time period based on holding equipment capacity;
10218 (iv) food preparation may not involve processes that require a HACCP plan, or the
10219 production, service, or sale of raw milk or raw milk products;
10220 (v) molluscan shellfish may not be served or sold;
10221 (vi) the operator may only sell or provide food directly to consumers and may not sell
10222 or provide food to any wholesaler or retailer; and
10223 (vii) the operator shall provide the consumer with a notification that, while a permit
10224 has been issued by the local health department, the kitchen may not meet all of the
10225 requirements of a commercial retail food establishment.
10226 [
10227 not make rules regarding:
10228 (a) hand washing facilities, except to require that a hand washing station supplied with
10229 warm water, soap, and disposable hand towels is conveniently located in food preparation, food
10230 dispensing, and warewashing areas;
10231 (b) kitchen sinks, kitchen sink compartments, and dish sanitation, except to require that
10232 the kitchen sink has hot and cold water, a sanitizing agent, is fully operational, and that dishes
10233 are sanitized between each use;
10234 (c) the individuals allowed access to the food preparation areas, food storage areas, and
10235 washing areas, except during food preparation;
10236 (d) display guards, covers, or containers for display foods, except to require that
10237 ready-to-eat food is protected from contamination during storage, preparation, handling,
10238 transport, and display;
10239 (e) outdoor display and sale of food, except to require that food is maintained at proper
10240 holding temperatures;
10241 (f) utensils and equipment, except to require that utensils and equipment used in the
10242 home kitchen:
10243 (i) retain their characteristic qualities under normal use conditions;
10244 (ii) are properly sanitized after use; and
10245 (iii) are maintained in a sanitary manner between uses;
10246 (g) food contact surfaces, except to require that food contact surfaces are smooth,
10247 easily cleanable, in good repair, and properly sanitized between tasks;
10248 (h) non-food contact surfaces, if those surfaces are made of materials ordinarily used in
10249 residential settings, except to require that those surfaces are kept clean from the accumulation
10250 of residue and debris;
10251 (i) clean-in-place equipment, except to require that the equipment is cleaned and
10252 sanitized between uses;
10253 (j) ventilation, except to require that gases, odors, steam, heat, grease, vapors, and
10254 smoke are able to escape the kitchen;
10255 (k) fixed temperature measuring devices or product mimicking sensors for the holding
10256 equipment for time or temperature control food, except to require non-fixed temperature
10257 measuring devices for hot and cold holding of food during storage, serving, and cooling;
10258 (l) fixed floor-mounted and table-mounted equipment, except to require that
10259 floor-mounted and table-mounted equipment be in good repair and sanitized between uses;
10260 (m) dedicated laundry facilities, except to require that linens used for the
10261 microenterprise home kitchen are stored and laundered separately from household laundry and
10262 that soiled laundry is stored to prevent contamination of food and equipment;
10263 (n) water, plumbing, drainage, and waste, except to require that:
10264 (i) sinks be supplied with hot and cold potable water from:
10265 (A) an approved public water system as defined in Section 19-4-102;
10266 (B) if the local health department with jurisdiction over the microenterprise home
10267 kitchen has regulations regarding the safety of drinking water, a source that meets the local
10268 health department's regulations regarding the safety of drinking water; or
10269 (C) a water source that is tested at least once per month for bacteriologic quality, and at
10270 least once in every three year period for lead and copper; and
10271 (ii) food preparation and service is discontinued in the event of a disruption of potable
10272 water service;
10273 (o) the number of and path of access to toilet facilities, except to require that toilet
10274 facilities are equipped with proper handwashing stations;
10275 (p) lighting, except to require that food preparations are well lit by natural or artificial
10276 light whenever food is being prepared;
10277 (q) designated dressing areas and storage facilities, except to require that items not
10278 ordinarily found in a home kitchen are placed or stored away from food preparation areas, that
10279 dressing takes place outside of the kitchen facility, and that food items are stored in a manner
10280 that does not allow for contamination;
10281 (r) the presence and handling of animals, except to require that all animals are kept
10282 outside of food preparation and service areas;
10283 (s) food storage, floor, wall, ceiling, and toilet surfaces, except to require that surfaces
10284 are smooth, of durable construction, easily cleanable, and kept clean and free of debris;
10285 (t) kitchen facilities open to living areas, except to require that food is only prepared,
10286 handled, or stored in kitchen and food storage areas;
10287 (u) submission of plans and specifications before construction or remodel of a kitchen
10288 facility;
10289 (v) the number and type of time or temperature controlled food offered for sale, except:
10290 (i) a raw time or temperature controlled food such as raw fish, raw milk, and raw
10291 shellfish;
10292 (ii) any food requiring special processes that would necessitate a HACCP plan; and
10293 (iii) fish from waters of the state;
10294 (w) approved food sources, except to require that:
10295 (i) food in a hermetically sealed container is obtained from a regulated food processing
10296 plant;
10297 (ii) liquid milk and milk products are obtained from sources that comply with Grade A
10298 standards specified by the Department of Agriculture and Food by rule made in accordance
10299 with Title 63G, Chapter 3, Utah Administrative Rulemaking Act;
10300 (iii) fish for sale or service are commercially and legally caught;
10301 (iv) mushrooms picked in the wild are not offered for sale or service; and
10302 (v) game animals offered for sale or service are raised, slaughtered, and processed
10303 according to rules governing meat and poultry as specified by the Department of Agriculture
10304 and Food by rule made in accordance with Title 63G, Chapter 3, Utah Administrative
10305 Rulemaking Act;
10306 (x) the use of items produced under this chapter; or
10307 (y) the use of an open air barbeque, grill, or outdoor wood-burning oven.
10308 [
10309 to the local health department:
10310 (a) written consent to enter the premises where food is prepared, cooked, stored, or
10311 harvested for the microenterprise home kitchen; and
10312 (b) written standard operating procedures that include:
10313 (i) all food that will be stored, handled, and prepared;
10314 (ii) the proposed procedures and methods of food preparation and handling;
10315 (iii) procedures, methods, and schedules for cleaning utensils and equipment;
10316 (iv) procedures and methods for the disposal of refuse; and
10317 (v) a plan for maintaining time or temperature controlled food at the appropriate
10318 temperatures for each time or temperature controlled food.
10319 [
10320 local health department is required to inspect the microenterprise home kitchen as a source of
10321 an adulterated food or an outbreak of illness caused by a contaminated food and finds, as a
10322 result of that inspection, that the microenterprise home kitchen has produced an adulterated
10323 food or was the source of an outbreak of illness caused by a contaminated food, the local health
10324 department may charge and collect from the microenterprise home kitchen a fee for that
10325 inspection.
10326 [
10327 (a) is nontransferable;
10328 (b) is renewable on an annual basis;
10329 (c) is restricted to the location and hours listed on the permit;
10330 (d) shall include a statement that reads: "This location is permitted under modified
10331 FDA requirements."; and
10332 (e) shall provide the operator the opportunity to update the food types and products
10333 handled without requiring the operator to renew the permit.
10334 [
10335 of food event permit from a local health department.
10336 Section 309. Section 26B-7-501, which is renumbered from Section 26-62-102 is
10337 renumbered and amended to read:
10338
10339 [
10340 As used in this [
10341 (1) "Community location" means the same as that term is defined:
10342 (a) as it relates to a municipality, in Section 10-8-41.6; and
10343 (b) as it relates to a county, in Section 17-50-333.
10344 (2) "Electronic cigarette" means the same as that term is defined in Section 76-10-101.
10345 [
10346 Section 76-10-101.
10347 (4) "Electronic cigarette substance" means the same as that term is defined in Section
10348 76-10-101.
10349 [
10350 [
10351 any local health department enforcing the provisions of this chapter.
10352 [
10353 specialty business.
10354 [
10355
10356 (8) "Manufacture" includes:
10357 (a) to cast, construct, or make electronic cigarettes; or
10358 (b) to blend, make, process, or prepare an electronic cigarette substance.
10359 (9) "Manufacturer sealed electronic cigarette substance" means an electronic cigarette
10360 substance that is sold in a container that:
10361 (a) is prefilled by the electronic cigarette substance manufacturer; and
10362 (b) the electronic cigarette manufacturer does not intend for a consumer to open.
10363 (10) "Manufacturer sealed electronic cigarette product" means:
10364 (a) an electronic cigarette substance or container that the electronic cigarette
10365 manufacturer does not intend for a consumer to open or refill; or
10366 (b) a prefilled electronic cigarette as that term is defined in Section 76-10-101.
10367 (11) "Nicotine" means the same as that term is defined in Section 76-10-101.
10368 [
10369 76-10-101.
10370 (13) "Non-tobacco shisha" means any product that:
10371 (a) does not contain tobacco or nicotine; and
10372 (b) is smoked or intended to be smoked in a hookah or water pipe.
10373 [
10374 that is required to obtain a permit under this chapter.
10375 [
10376 26B-7-507.
10377 (16) "Place of public access" means any enclosed indoor place of business, commerce,
10378 banking, financial service, or other service-related activity, whether publicly or privately owned
10379 and whether operated for profit or not, to which persons not employed at the place of public
10380 access have general and regular access or which the public uses, including:
10381 (a) buildings, offices, shops, elevators, or restrooms;
10382 (b) means of transportation or common carrier waiting rooms;
10383 (c) restaurants, cafes, or cafeterias;
10384 (d) taverns as defined in Section 32B-1-102, or cabarets;
10385 (e) shopping malls, retail stores, grocery stores, or arcades;
10386 (f) libraries, theaters, concert halls, museums, art galleries, planetariums, historical
10387 sites, auditoriums, or arenas;
10388 (g) barber shops, hair salons, or laundromats;
10389 (h) sports or fitness facilities;
10390 (i) common areas of nursing homes, hospitals, resorts, hotels, motels, "bed and
10391 breakfast" lodging facilities, and other similar lodging facilities, including the lobbies,
10392 hallways, elevators, restaurants, cafeterias, other designated dining areas, and restrooms of any
10393 of these;
10394 (j) (i) any child care facility or program subject to licensure or certification under this
10395 title, including those operated in private homes, when any child cared for under that license is
10396 present; and
10397 (ii) any child care, other than child care as defined in Section 26B-2-401, that is not
10398 subject to licensure or certification under this title, when any child cared for by the provider,
10399 other than the child of the provider, is present;
10400 (k) public or private elementary or secondary school buildings and educational
10401 facilities or the property on which those facilities are located;
10402 (l) any building owned, rented, leased, or otherwise operated by a social, fraternal, or
10403 religious organization when used solely by the organization members or their guests or
10404 families;
10405 (m) any facility rented or leased for private functions from which the general public is
10406 excluded and arrangements for the function are under the control of the function sponsor;
10407 (n) any workplace that is not a place of public access or a publicly owned building or
10408 office but has one or more employees who are not owner-operators of the business;
10409 (o) any area where the proprietor or manager of the area has posted a conspicuous sign
10410 stating "no smoking", "thank you for not smoking", or similar statement; and
10411 (p) a holder of a bar establishment license, as defined in Section 32B-1-102.
10412 [
10413 (i) a valid identification card issued under Title 53, Chapter 3, Part 8, Identification
10414 Card Act;
10415 (ii) a valid identification that:
10416 (A) is substantially similar to an identification card issued under Title 53, Chapter 3,
10417 Part 8, Identification Card Act;
10418 (B) is issued in accordance with the laws of a state other than Utah in which the
10419 identification is issued;
10420 (C) includes date of birth; and
10421 (D) has a picture affixed;
10422 (iii) a valid driver license certificate that is issued under Title 53, Chapter 3, Uniform
10423 Driver License Act, or in accordance with the laws of the state in which the valid driver license
10424 is issued;
10425 (iv) a valid United States military identification card that:
10426 (A) includes date of birth; and
10427 (B) has a picture affixed; or
10428 (v) a valid passport.
10429 (b) "Proof of age" does not include a valid driving privilege card issued in accordance
10430 with Section 53-3-207.
10431 (18) "Publicly owned building or office" means any enclosed indoor place or portion of
10432 a place owned, leased, or rented by any state, county, or municipal government, or by any
10433 agency supported by appropriation of, or by contracts or grants from, funds derived from the
10434 collection of federal, state, county, or municipal taxes.
10435 [
10436 (a) as it relates to a municipality, in Section 10-8-41.6; and
10437 (b) as it relates to a county, in Section 17-50-333.
10438 (20) (20) "Shisha" means any product that:
10439 (a) contains tobacco or nicotine; and
10440 (b) is smoked or intended to be smoked in a hookah or water pipe.
10441 (21) "Smoking" means:
10442 (a) the possession of any lighted or heated tobacco product in any form;
10443 (b) inhaling, exhaling, burning, or carrying any lighted or heated cigar, cigarette, pipe,
10444 or hookah that contains:
10445 (i) tobacco or any plant product intended for inhalation;
10446 (ii) shisha or non-tobacco shisha;
10447 (iii) nicotine;
10448 (iv) a natural or synthetic tobacco substitute; or
10449 (v) a natural or synthetic flavored tobacco product;
10450 (c) using an electronic cigarette; or
10451 (d) using an oral smoking device intended to circumvent the prohibition of smoking in
10452 this chapter.
10453 [
10454 Commission under:
10455 (a) Section 59-14-201 to sell a cigarette at retail;
10456 (b) Section 59-14-301 to sell a tobacco product at retail; or
10457 (c) Section 59-14-803 to sell an electronic cigarette product or a nicotine product.
10458 [
10459 (a) a tobacco product as defined in Section 76-10-101; or
10460 (b) tobacco paraphernalia as defined in Section 76-10-101.
10461 [
10462 commission license.
10463 Section 310. Section 26B-7-502, which is renumbered from Section 26-15-11 is
10464 renumbered and amended to read:
10465 [
10466 [
10467 law and shall be enforced by the department and local health departments.
10468 Section 311. Section 26B-7-503, which is renumbered from Section 26-38-3 is
10469 renumbered and amended to read:
10470 [
10471 public places and in specified places -- Exceptions -- Enforcement -- Penalties -- Local
10472 ordinances.
10473 (1) Except as provided in [
10474 prohibited in all enclosed indoor places of public access and publicly owned buildings and
10475 offices.
10476 (2) Subsection (1) does not apply to:
10477 (a) areas not commonly open to the public of owner-operated businesses having no
10478 employees other than the owner-operator;
10479 (b) guest rooms in hotels, motels, "bed and breakfast" lodging facilities, and other
10480 similar lodging facilities, but smoking is prohibited under Subsection (1) in the common areas
10481 of these facilities, including dining areas and lobby areas; and
10482 (c) separate enclosed smoking areas:
10483 (i) located in the passenger terminals of an international airport located in the city of
10484 the first class;
10485 (ii) vented directly to the outdoors; and
10486 (iii) certified, by a heating, ventilation, and air conditioning engineer licensed by the
10487 state, to prevent the drift of any smoke to any nonsmoking area of the terminal.
10488 (3) (a) A person is exempt from the restrictions of Subsection (1) if the person:
10489 (i) is a member of an American Indian tribe whose members are recognized as eligible
10490 for the special programs and services provided by the United States to American Indians who
10491 are members of those tribes;
10492 (ii) is an American Indian who actively practices an American Indian religion, the
10493 origin and interpretation of which is from a traditional American Indian culture;
10494 (iii) is smoking tobacco using the traditional pipe of an American Indian tribal
10495 religious ceremony, of which tribe the person is a member, and is smoking the pipe as part of
10496 that ceremony; and
10497 (iv) the ceremony is conducted by a pipe carrier, Indian spiritual person, or medicine
10498 person recognized by the tribe of which the person is a member and the Indian community.
10499 (b) This Subsection (3) takes precedence over Subsection (1).
10500 (c) A religious ceremony using a traditional pipe under this section is subject to any
10501 applicable state or local law, except as provided in this section.
10502 (4) (a) An owner or the agent or employee of the owner of a place where smoking is
10503 prohibited under Subsection (1) who observes a person smoking in apparent violation of this
10504 section shall request the person to stop smoking.
10505 (b) If the person fails to comply, the proprietor or the agent or employee of the
10506 proprietor shall ask the person to leave the premises.
10507 (5) (a) A first violation of Subsection (1) is subject to a civil penalty of not more than
10508 $100.
10509 (b) Any second or subsequent violation of Subsection (1) is subject to a civil penalty of
10510 not less than $100 and not more than $500.
10511 (6) (a) The department and local health departments shall:
10512 (i) enforce this section and shall coordinate their efforts to promote the most effective
10513 enforcement of this section; and
10514 (ii) impose the penalties under Subsection (5) in accordance with this Subsection (6).
10515 (b) When enforcing this section, the department and the local health departments shall
10516 notify persons of alleged violations of this chapter, conduct hearings, and impose penalties in
10517 accordance with Title 63G, Chapter 4, Administrative Procedures Act.
10518 (c) The department shall adopt rules necessary and reasonable to implement the
10519 provisions of this section.
10520 (7) Civil penalties collected under this section by:
10521 (a) a local health department shall be paid to the treasurer of the county in which the
10522 violation was committed; and
10523 (b) the department shall be deposited in the General Fund.
10524 (8) (a) This section supersedes any ordinance enacted by the governing body of a
10525 political subdivision that restricts smoking in a place of public access as defined in Section
10526 26B-7-501 and that is not essentially identical to the provisions of this section.
10527 (b) This Subsection (8) does not supersede an ordinance enacted by the governing body
10528 of a political subdivision that restricts smoking in outdoor places of public access which are
10529 owned or operated by:
10530 (i) a political subdivision as defined in Section 17B-1-102;
10531 (ii) a state institution of higher education; or
10532 (iii) a state institution of public education.
10533 Section 312. Section 26B-7-504, which is renumbered from Section 26-43-102 is
10534 renumbered and amended to read:
10535 [
10536 and tobacco products.
10537 (1) The department shall obtain annually publicly available information regarding
10538 cigarettes and tobacco products from other states and sources concerning:
10539 [
10540 and, if the cigarette or tobacco product is typically burned when consumed, in a burned state:
10541 [
10542 [
10543 [
10544 [
10545 [
10546 [
10547 has been developed.
10548 (2) Information obtained by the department under Subsection (1) is a public record and
10549 may be disclosed in accordance with Section 63G-2-201 and disseminated generally by the
10550 department.
10551 Section 313. Section 26B-7-505, which is renumbered from Section 26-57-103 is
10552 renumbered and amended to read:
10553 [
10554 Requirements to sell -- Advertising -- Labeling of nicotine products containing nicotine.
10555 (1) The department shall, in consultation with a local health department and with input
10556 from members of the public, establish by rule made in accordance with Title 63G, Chapter 3,
10557 Utah Administrative Rulemaking Act, the requirements to sell an electronic cigarette substance
10558 that is not a manufacturer sealed electronic cigarette substance regarding:
10559 (a) labeling;
10560 (b) nicotine content;
10561 (c) packaging; and
10562 (d) product quality.
10563 (2) On or before January 1, 2021, the department shall, in consultation with a local
10564 health department and with input from members of the public, establish by rule made in
10565 accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the requirements
10566 to sell a manufacturer sealed electronic cigarette product regarding:
10567 (a) labeling;
10568 (b) nicotine content;
10569 (c) packaging; and
10570 (d) product quality.
10571 (3) (a) A person may not sell an electronic cigarette substance unless the electronic
10572 cigarette substance complies with the requirements established by the department under
10573 Subsection (1).
10574 (b) Beginning on July 1, 2021, a person may not sell a manufacturer sealed electronic
10575 cigarette product unless the manufacturer sealed electronic cigarette product complies with the
10576 requirements established by the department under Subsection (2).
10577 (4) (a) A local health department may not enact a rule or regulation regarding
10578 electronic cigarette substance labeling, nicotine content, packaging, or product quality that is
10579 not identical to the requirements established by the department under Subsections (1) and (2).
10580 (b) Except as provided in Subsection (4)(c), a local health department may enact a rule
10581 or regulation regarding electronic cigarette substance manufacturing.
10582 (c) A local health department may not enact a rule or regulation regarding a
10583 manufacturer sealed electronic cigarette product.
10584 (5) A person may not advertise an electronic cigarette product as a tobacco cessation
10585 device.
10586 (6) Any nicotine product shall contain the statement described in Subsection (7) if the
10587 nicotine product:
10588 (a) (i) is not a tobacco product as defined in 21 U.S.C. Sec. 321 and related federal
10589 regulations; or
10590 (ii) is not otherwise required under federal or state law to contain a nicotine warning;
10591 and
10592 (b) contains nicotine.
10593 (7) A statement shall appear on the exterior packaging of a nicotine product described
10594 in Subsection (6) as follows:
10595 "This product contains nicotine."
10596 Section 314. Section 26B-7-506, which is renumbered from Section 26-62-103 is
10597 renumbered and amended to read:
10598 [
10599 The regulation of a tobacco retailer is an exercise of the police powers of the state, and
10600 through delegation, to other governmental entities.
10601 Section 315. Section 26B-7-507, which is renumbered from Section 26-62-201 is
10602 renumbered and amended to read:
10603 [
10604 (1) (a) A tobacco retailer shall hold a valid tobacco retail permit issued in accordance
10605 with this chapter by the local health department with jurisdiction over the physical location
10606 where the tobacco retailer operates.
10607 (b) A tobacco retailer without a valid permit may not:
10608 (i) place a tobacco product, an electronic cigarette product, or a nicotine product in
10609 public view;
10610 (ii) display any advertisement related to a tobacco product, an electronic cigarette
10611 product, or a nicotine product that promotes the sale, distribution, or use of those products; or
10612 (iii) sell, offer for sale, or offer to exchange for any form of consideration, tobacco, a
10613 tobacco product, an electronic cigarette product, or a nicotine product.
10614 (2) A local health department may issue a permit under this chapter for a tobacco
10615 retailer in the classification of:
10616 (a) a general tobacco retailer; or
10617 (b) a retail tobacco specialty business.
10618 (3) A permit under this chapter is:
10619 (a) valid only for one physical location, including a vending machine;
10620 (b) valid only at one fixed business address; and
10621 (c) if multiple tobacco retailers are at the same address, separately required for each
10622 tobacco retailer.
10623 Section 316. Section 26B-7-508, which is renumbered from Section 26-62-202 is
10624 renumbered and amended to read:
10625 [
10626 (1) A local health department shall issue a permit [
10627 retailer if the local health department determines that the applicant:
10628 (a) accurately provided all information required under Subsection (3) and, if applicable,
10629 Subsection (4); and
10630 (b) meets all requirements for a permit under this chapter.
10631 (2) An applicant for a permit shall:
10632 (a) submit an application described in Subsection (3) to the local health department
10633 with jurisdiction over the area where the tobacco retailer is located; and
10634 (b) pay all applicable fees described in Section 26-62-203.
10635 (3) The application for a permit shall include:
10636 (a) the name, address, and telephone number of each proprietor;
10637 (b) the name and mailing address of each proprietor authorized to receive
10638 permit-related communication and notices;
10639 (c) the business name, address, and telephone number of the single, fixed location for
10640 which a permit is sought;
10641 (d) evidence that the location for which a permit is sought has a valid tax commission
10642 license;
10643 (e) information regarding whether, in the past 24 months, any proprietor of the tobacco
10644 retailer has been determined to have violated, or has been a proprietor at a location that has
10645 been determined to have violated:
10646 (i) a provision of this chapter;
10647 [
10648 (ii) Section 26B-7-503;
10649 (iii) Title 76, Chapter 10, Part 1, Cigarettes and Tobacco and Psychotoxic Chemical
10650 Solvents;
10651 (iv) Title 76, Chapter 10, Part 16, Pattern of Unlawful Activity Act;
10652 (v) regulations restricting the sale and distribution of cigarettes and smokeless tobacco
10653 issued by the United States Food and Drug Administration, 21 C.F.R. Part 1140; or
10654 (vi) any other provision of state law or local ordinance regarding the sale, marketing, or
10655 distribution of a tobacco product, an electronic cigarette product, or a nicotine product; and
10656 (f) the dates of all violations disclosed under this Subsection (3).
10657 (4) (a) In addition to the information described in Subsection (3), an applicant for a
10658 retail tobacco specialty business permit shall include evidence showing whether the business is
10659 located within:
10660 (i) 1,000 feet of a community location;
10661 (ii) 600 feet of another retail tobacco specialty business; or
10662 (iii) 600 feet of property used or zoned for agricultural or residential use.
10663 (b) For purposes of Subsection (4)(a), the proximity requirements shall be measured in
10664 a straight line from the nearest entrance of the retail tobacco specialty business to the nearest
10665 property boundary of a location described in Subsections (4)(a)(i) through (iii), without regard
10666 to intervening structures or zoning districts.
10667 (5) The department or a local health department may not deny a permit to a retail
10668 tobacco specialty business under Subsection (4) if the retail tobacco specialty business meets
10669 the requirements described in Subsection 10-8-41.6(7) or 17-50-333(7).
10670 (6) (a) The department shall establish by rule made in accordance with Title 63G,
10671 Chapter 3, Utah Administrative Rulemaking Act, a permit process for local health departments
10672 in accordance with this chapter.
10673 (b) The permit process established by the department under Subsection (6)(a) may not
10674 require any information in an application that is not required by this section.
10675 Section 317. Section 26B-7-509, which is renumbered from Section 26-62-203 is
10676 renumbered and amended to read:
10677 [
10678 (1) (a) The term of a permit issued [
10679 business is one year.
10680 (b) The term of a permit issued [
10681 years.
10682 (2) (a) A local health department may not issue a permit [
10683 applicant has paid a permit fee to the local health department of:
10684 (i) $30 for a new permit;
10685 (ii) $20 for a permit renewal; or
10686 (iii) $30 for reinstatement of a permit that has been revoked, suspended, or allowed to
10687 expire.
10688 (b) A local health department that collects fees under Subsection (2)(a) shall use the
10689 fees to administer the permit requirements [
10690 506 through 26B-7-521.
10691 (c) In addition to the fee described in Subsection (2)(a), a local health department may
10692 establish and collect a fee to perform a plan review for a retail tobacco specialty business
10693 permit.
10694 (3) A permit holder may apply for a renewal of a permit no earlier than 30 days before
10695 the day on which the permit expires.
10696 (4) A tobacco retailer that fails to renew a permit before the permit expires may apply
10697 to reinstate the permit by submitting to the local health department:
10698 (a) the information required in Subsection [
10699 applicable, Subsection [
10700 (b) the fee for the reinstatement of a permit; and
10701 (c) a signed affidavit affirming that the tobacco retailer has not violated the
10702 prohibitions in Subsection [
10703 Section 318. Section 26B-7-510, which is renumbered from Section 26-62-204 is
10704 renumbered and amended to read:
10705 [
10706 (1) A permit is nontransferable.
10707 (2) If the information described in Subsection [
10708 tobacco retailer:
10709 (a) may not renew the permit; and
10710 (b) shall apply for a new permit no later than 15 days after the information in
10711 Subsection [
10712 Section 319. Section 26B-7-511, which is renumbered from Section 26-62-205 is
10713 renumbered and amended to read:
10714 [
10715 specialty business.
10716 (1) A retail tobacco specialty business shall:
10717 (a) electronically verify proof of age for any individual that enters the premises of the
10718 business in accordance with Part 4, Proof of Age Requirements;
10719 (b) except as provided in Subsection 76-10-105.1(4), prohibit any individual from
10720 entering the business if the individual is under 21 years old; and
10721 (c) prominently display at the retail tobacco specialty business a sign on the public
10722 entrance of the business that communicates:
10723 (i) the prohibition on the presence of an individual under 21 years old in a retail
10724 tobacco specialty business in Subsection 76-10-105.1(4); and
10725 (ii) the prohibition on the sale of tobacco products and electronic cigarette products to
10726 an individual under 21 years old as described in Sections 76-10-104, 76-10-104.1, 76-10-105.1,
10727 and 76-10-114.
10728 (2) A retail tobacco specialty business may not:
10729 (a) employ an individual under 21 years old to sell a tobacco product, an electronic
10730 cigarette product, or a nicotine product; or
10731 (b) permit an employee under 21 years old to sell a tobacco product, an electronic
10732 cigarette product, or a nicotine product.
10733 Section 320. Section 26B-7-512, which is renumbered from Section 26-62-206 is
10734 renumbered and amended to read:
10735 [
10736 electronic cigarette product, or nicotine product.
10737 (1) A tobacco retailer shall:
10738 (a) provide the customer with an itemized receipt for each sale of a tobacco product, an
10739 electronic cigarette product, or a nicotine product that separately identifies:
10740 (i) the name of the tobacco product, the electronic cigarette product, or the nicotine
10741 product;
10742 (ii) the amount charged for each tobacco product, electronic cigarette product, or
10743 nicotine product; and
10744 (iii) the date and time of the sale; and
10745 (b) maintain an itemized transaction log for each sale of a tobacco product, an
10746 electronic cigarette product, or a nicotine product that separately identifies:
10747 (i) the name of the tobacco product, the electronic cigarette product, or the nicotine
10748 product;
10749 (ii) the amount charged for each tobacco product, electronic cigarette product, or
10750 nicotine product; and
10751 (iii) the date and time of the sale.
10752 (2) The itemized transaction log described in Subsection (1)(b) shall be:
10753 (a) maintained for at least one year after the date of each transaction in the itemized
10754 transaction log;
10755 (b) made available to an enforcing agency or a peace officer at the request of the
10756 enforcing agency or the peace officer; and
10757 (c) in addition to any documentation required under Section 59-1-1406 and Subsection
10758 59-14-805(2).
10759 Section 321. Section 26B-7-513, which is renumbered from Section 26-62-207 is
10760 renumbered and amended to read:
10761 [
10762 products and electronic cigarette products.
10763 (1) A tobacco retailer shall:
10764 (a) provide the customer with an itemized receipt for each sale of a tobacco product or
10765 an electronic cigarette product that separately identifies:
10766 (i) the name of the tobacco product or the electronic cigarette product;
10767 (ii) the amount charged for each tobacco product or electronic cigarette product; and
10768 (iii) the time and date of the sale; and
10769 (b) maintain an itemized transaction log for each sale of a tobacco product or an
10770 electronic cigarette product that separately identifies:
10771 (i) the name of the tobacco product or the electronic cigarette product;
10772 (ii) the amount charged for each tobacco product or electronic cigarette product; and
10773 (iii) the date and time of the sale.
10774 (2) The itemized transaction log described in Subsection (1)(b) shall be:
10775 (a) maintained for at least one year after the date of each transaction in the itemized
10776 transaction log; and
10777 (b) made available to an enforcing agency or a peace officer at the request of the
10778 enforcing agency or the peace officer that is no less restrictive than the provisions in this part.
10779 Section 322. Section 26B-7-514, which is renumbered from Section 26-62-301 is
10780 renumbered and amended to read:
10781 [
10782 A person is in violation of the permit issued under this chapter if the person violates:
10783 (1) a provision of this chapter;
10784 (2) a provision of licensing laws under Section 10-8-41.6 or Section 17-50-333;
10785 (3) a provision of Title 76, Chapter 10, Part 1, Cigarettes and Tobacco and Psychotoxic
10786 Chemical Solvents;
10787 (4) a provision of Title 76, Chapter 10, Part 16, Pattern of Unlawful Activity Act;
10788 (5) a regulation restricting the sale and distribution of cigarettes and smokeless tobacco
10789 issued by the United States Food and Drug Administration under 21 C.F.R. Part 1140; or
10790 (6) any other provision of state law or local ordinance regarding the sale, marketing, or
10791 distribution of a tobacco product, an electronic cigarette product, or a nicotine product.
10792 Section 323. Section 26B-7-515, which is renumbered from Section 26-62-302 is
10793 renumbered and amended to read:
10794 [
10795 departments.
10796 The department and local health departments shall enforce [
10797 7-506 through 26B-7-521 under the procedures of Title 63G, Chapter 4, Administrative
10798 Procedures Act, as an informal adjudicative proceeding, including:
10799 (1) notifying a tobacco retailer of alleged violations [
10800 (2) conducting hearings;
10801 (3) determining violations [
10802 (4) imposing civil administrative penalties.
10803 Section 324. Section 26B-7-516, which is renumbered from Section 26-62-303 is
10804 renumbered and amended to read:
10805 [
10806 The department or a local health department may inspect a tobacco retailer to determine
10807 whether the tobacco retailer:
10808 (1) continues to meet the qualifications for the permit issued under this chapter;
10809 (2) if applicable, continues to meet the requirements for a retail tobacco specialty
10810 business license issued under Section 10-8-41.6 or Section 17-50-333;
10811 (3) engaged in a pattern of unlawful activity under Title 76, Chapter 10, Part 16,
10812 Pattern of Unlawful Activity Act;
10813 (4) violated any of the regulations restricting the sale and distribution of cigarettes and
10814 smokeless tobacco issued by the United States Food and Drug Administration under 21 C.F.R.
10815 Part 1140; or
10816 (5) has violated any other provision of state law or local ordinance.
10817 Section 325. Section 26B-7-517, which is renumbered from Section 26-62-304 is
10818 renumbered and amended to read:
10819 [
10820 (1) At a civil hearing conducted under Section [
10821 final criminal conviction of a tobacco retailer for violation of Section 76-10-114 at the same
10822 location and within the same time period as the location and time period alleged in the civil
10823 hearing for violation of this chapter for sale of a tobacco product, an electronic cigarette
10824 product, or a nicotine product to an individual under 21 years old is prima facie evidence of a
10825 violation of this chapter.
10826 (2) If the tobacco retailer is convicted of violating Section 76-10-114, the enforcing
10827 agency:
10828 (a) shall assess an additional monetary penalty under this chapter for the same offense
10829 for which the conviction was obtained; and
10830 (b) shall revoke or suspend a permit in accordance with Section [
10831 518.
10832 Section 326. Section 26B-7-518, which is renumbered from Section 26-62-305 is
10833 renumbered and amended to read:
10834 [
10835 (1) (a) If an enforcing agency determines that a person has violated the terms of a
10836 permit issued under this chapter, the enforcing agency may impose the penalties described in
10837 this section.
10838 (b) If multiple violations are found in a single inspection by an enforcing agency or a
10839 single investigation by a law enforcement agency under Section 77-39-101, the enforcing
10840 agency shall treat the multiple violations as one single violation under Subsections (2), (3), and
10841 (4).
10842 (2) Except as provided in Subsections (3) and (4), if a violation is found in an
10843 investigation by a law enforcement agency under Section 77-39-101 or an inspection by an
10844 enforcing agency, the enforcing agency shall:
10845 (a) on a first violation at a retail location, impose a penalty of $1,000;
10846 (b) on a second violation at the same retail location that occurs within one year of a
10847 previous violation, impose a penalty of $1,500;
10848 (c) on a third violation at the same retail location that occurs within two years after two
10849 previous violations, impose:
10850 (i) a suspension of the permit for 30 consecutive business days within 60 days after the
10851 day on which the third violation occurs; or
10852 (ii) a penalty of $2,000; and
10853 (d) on a fourth or subsequent violation within two years of three previous violations:
10854 (i) impose a penalty of $2,000;
10855 (ii) revoke a permit of the retailer; and
10856 (iii) if applicable, recommend to a municipality or county that a retail tobacco specialty
10857 business license issued under Section 10-8-41.6 or 17-50-333 be suspended or revoked.
10858 (3) If a violation is found in an investigation of a general tobacco retailer by a law
10859 enforcement agency under Section 77-39-101 for the sale of a tobacco product, an electronic
10860 cigarette product, or a nicotine product to an individual under 21 years old and the violation is
10861 committed by the owner of the general tobacco retailer, the enforcing agency shall:
10862 (a) on a first violation, impose a fine of $2,000 on the general tobacco retailer; and
10863 (b) on the second violation for the same general tobacco retailer within one year of the
10864 first violation:
10865 (i) impose a fine of $5,000; and
10866 (ii) revoke the permit for the general tobacco retailer.
10867 (4) If a violation is found in an investigation of a retail tobacco specialty business by a
10868 law enforcement agency under Section 77-39-101 for the sale of a tobacco product, an
10869 electronic cigarette product, or a nicotine product to an individual under 21 years old, the
10870 enforcing agency shall:
10871 (a) on the first violation:
10872 (i) impose a fine of $5,000; and
10873 (ii) immediately suspend the permit for 30 consecutive days; and
10874 (b) on the second violation at the same retail location within two years of the first
10875 violation:
10876 (i) impose a fine of $10,000; and
10877 (ii) revoke the permit for the retail tobacco specialty business.
10878 (5) (a) Except when a transfer described in Subsection (6) occurs, a local health
10879 department may not issue a permit to:
10880 (i) a tobacco retailer for whom a permit is suspended or revoked under Subsection (2)
10881 or (3); or
10882 (ii) a tobacco retailer that has the same proprietor, director, corporate officer, partner,
10883 or other holder of significant interest as another tobacco retailer for whom a permit is
10884 suspended or revoked under Subsection (2), (3), or (4).
10885 (b) A person whose permit:
10886 (i) is suspended under this section may not apply for a new permit for any other
10887 tobacco retailer for a period of 12 months after the day on which an enforcing agency suspends
10888 the permit; and
10889 (ii) is revoked under this section may not apply for a new permit for any tobacco
10890 retailer for a period of 24 months after the day on which an enforcing agency revokes the
10891 permit.
10892 (6) Violations of this chapter, Section 10-8-41.6, or Section 17-50-333 that occur at a
10893 tobacco retailer location shall stay on the record for that tobacco retailer location unless:
10894 (a) the tobacco retailer is transferred to a new proprietor; and
10895 (b) the new proprietor provides documentation to the local health department that the
10896 new proprietor is acquiring the tobacco retailer in an arm's length transaction from the previous
10897 proprietor.
10898 Section 327. Section 26B-7-519, which is renumbered from Section 26-62-306 is
10899 renumbered and amended to read:
10900 [
10901 (1) In determining the amount of the monetary penalty to be imposed for a violation of
10902 this chapter, a hearing officer shall reduce the civil penalty by at least 50% if the hearing officer
10903 determines that:
10904 (a) the tobacco retailer has implemented a documented employee training program; and
10905 (b) the employees have completed that training program within 30 days after the day on
10906 which each employee commences the duties of selling a tobacco product, an electronic
10907 cigarette product, or a nicotine product.
10908 (2) (a) For the first offense at a location, if the hearing officer determines under
10909 Subsection (1) that the tobacco retailer has not implemented a documented training program
10910 with a written curriculum for employees at that location regarding compliance with this
10911 chapter, the hearing officer may suspend all or a portion of the penalty if:
10912 (i) the tobacco retailer agrees to initiate a training program for employees at that
10913 location; and
10914 (ii) the training program begins within 30 days after the hearing officer makes a
10915 determination under this Subsection (2)(a).
10916 (b) If the hearing officer determines at a subsequent hearing that the tobacco retailer
10917 has not implemented the training program within the time period required under Subsection
10918 (2)(a)(ii), the hearing officer shall promptly impose the suspended monetary penalty, unless the
10919 tobacco retailer demonstrates good cause for an extension of time for implementation of the
10920 training program.
10921 Section 328. Section 26B-7-520, which is renumbered from Section 26-62-307 is
10922 renumbered and amended to read:
10923 [
10924 Civil monetary penalties collected under [
10925 allocated as follows:
10926 (1) if a local health department conducts an adjudicative proceeding under Section
10927 [
10928 violation was committed, and transferred to the local health department; and
10929 (2) if the department conducts a civil hearing under Section [
10930 the penalty shall be deposited in the state's General Fund, and may be appropriated by the
10931 Legislature to the department for use in enforcement of this chapter.
10932 Section 329. Section 26B-7-521, which is renumbered from Section 26-62-401 is
10933 renumbered and amended to read:
10934 [
10935 (1) As used in this section:
10936 (a) "Employee" means an employee of a retail tobacco specialty business.
10937 (b) "Electronic verification program" means a technology used by a retail tobacco
10938 specialty business to confirm proof of age for an individual.
10939 (2) A retail tobacco specialty business shall require that an employee verify proof of
10940 age as provided in this section.
10941 (3) To comply with Subsection (2), an employee shall:
10942 (a) request the individual present proof of age; and
10943 (b) verify the validity of the proof of age electronically in accordance with Subsection
10944 (4).
10945 (4) A retail tobacco specialty business shall use an electronic verification program to
10946 assist the business in complying with the requirements of this section.
10947 (5) (a) A retail tobacco specialty business may not disclose information obtained under
10948 this section except as provided under this part.
10949 (b) Information obtained under this section:
10950 (i) shall be kept for at least 180 days; and
10951 (ii) is subject to inspection upon request by a peace officer or the representative of an
10952 enforcing agency.
10953 (6) (a) If an employee does not verify proof of age under this section, the employee
10954 may not permit an individual to:
10955 (i) except as provided in Subsection (6)(b), enter a retail tobacco specialty business; or
10956 (ii) purchase a tobacco product or an electronic cigarette product.
10957 (b) In accordance with Subsection 76-10-105.1(4), an individual who is under 21 years
10958 old may be permitted to enter a retail tobacco specialty business if the individual is:
10959 (i) accompanied by a parent or legal guardian who provides proof of age; or
10960 (ii) (A) present at the retail tobacco specialty business solely for the purpose of
10961 providing a commercial service to the retail tobacco specialty business, including making a
10962 commercial delivery;
10963 (B) monitored by the proprietor of the retail tobacco specialty business or an employee
10964 of the retail tobacco specialty business; and
10965 (C) not permitted to make any purchase or conduct any commercial transaction other
10966 than the service described in Subsection (6)(b)(ii)(A).
10967 (7) To determine whether the individual described in Subsection (2) is 21 years old or
10968 older, the following may request an individual described in Subsection (2) to present proof of
10969 age:
10970 (a) an employee;
10971 (b) a peace officer; or
10972 (c) a representative of an enforcing agency.
10973 Section 330. Revisor instructions.
10974 The Legislature intends that the Office of Legislative Research and General Counsel, in
10975 preparing the Utah Code database for publication:
10976 (1) not enroll this bill if any of the following bills do not pass:
10977 (a) S.B. 38, Health and Human Services Recodification - Administration, Licensing,
10978 and Recovery Services;
10979 (b) S.B. 39, Health and Human Services Recodification - Prevention, Supports,
10980 Substance Use and Mental Health; or
10981 (c) S.B. 40, Health and Human Services Recodification - Health Care Assistance and
10982 Data; and
10983 (2) in any new language added to the Utah Code by legislation passed during the 2023
10984 General Session, replace any references to Titles 26 or 62A with the renumbered reference as it
10985 is renumbered in this bill.