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7 LONG TITLE
8 General Description:
9 This bill clarifies and amends provisions affecting the Department of Health and
10 Human Services.
11 Highlighted Provisions:
12 This bill:
13 ▸ defines terms;
14 ▸ makes technical and corresponding amendments;
15 ▸ clarifies provisions that the Department of Health and Human Services has
16 identified as not applicable or incongruous after the 2023 recodification pertaining
17 to health and human services;
18 ▸ creates the Division of Health Access within the Department of Health and Human
19 Services;
20 ▸ removes the authority of the chair of the Utah Substance Use and Mental Health
21 Advisory Council to establish the goals and budget for an application for a federal
22 grant, in a situation where the six-member committee comprised of individuals from
23 the Department of Health and Human Services and local health departments is
24 unable to agree by two-thirds majority on the goals and budget for a reviewable
25 application for a federal grant;
26 ▸ modifies the prescribed procedures for the Department of Health and Family
27 Services' review of an individual's appeal of the Compassionate Use Board's denial
28 of the individual's application for a medical cannabis card;
29 ▸ creates the Office of Licensing within the Division of Licensing and Background
30 Checks;
31 ▸ creates the Office of Background Processing within the Division of Licensing and
32 Background Checks;
33 ▸ removes education, experience, and knowledge requirements to serve as the director
34 of Division of Licensing and Background Checks;
35 ▸ modifies the definition of "applicant" for individual's seeking approval to have
36 direct access to children or vulnerable adults;
37 ▸ modifies the terms of background checks and ongoing fingerprint monitoring to
38 which an applicant must consent in connection with applying to the Office of
39 Background Processing for direct access to children or vulnerable adults;
40 ▸ requires the Office of Background Processing to search the Sex and Kidnap
41 Offender Registry as part of its duties in performing a background check;
42 ▸ prescribes other procedures for the Office of Background Processing to follow in
43 performing a background check;
44 ▸ modifies the parameters under which an applicant with a criminal history, or an
45 applicant who is listed on a child abuse and neglect registry of any state, is screened
46 by the Office of Background Processing or may qualify for direct access to children
47 and vulnerable adults;
48 ▸ modifies the numerical limit of foster children who may reside in a home, and
49 establishes when those limits may be exceeded;
50 ▸ reduces from two years (i.e. 730 days) to 180 days the length of time a certification
51 for direct patient access is valid before renewal is required;
52 ▸ modifies the definition of "rural county" to mean counties of the first through third
53 classes (i.e. counties with populations less than 175,000) and no longer to mean
54 counties with a population less than 50,000;
55 ▸ modifies the definition of "rural hospital" as a result of modifying the definition of
56 "rural county;"
57 ▸ removes the requirement that the executive director of the Department of Health
58 and Human Services consider the advice of the chairman of the Department of
59 Pathology at the University of Utah and the dean of the law school at the University
60 of Utah;
61 ▸ requires that a county executive obtain the approval of the state's chief medical
62 examiner before appointing a county medical examiner;
63 ▸ clarifies which records of a medical examiner are subject to production by the
64 medical examiner, when a portion of the medical examiner's record relates to an
65 issue of public health or safety;
66 ▸ permits a medical examiner, prior to taking required steps pertaining to
67 identification of an unidentified body, to release the unidentified body to the county
68 in which the body was found;
69 ▸ removes the requirement that a county or funeral director adopt the identification
70 number the medical examiner assigned to an unidentified body;
71 ▸ removes the requirement that a county inform the medical examiner of certain
72 information pertaining to the county's disposition of an unidentified body;
73 ▸ removes the requirement that a medical examiner maintain a file for unidentified
74 bodies;
75 ▸ expands the scope of individuals from whom a psychological autopsy examiner may
76 gather information regarding a decedent's death; and
77 ▸ expands the scope of information a psychological autopsy examiner may gather
78 regarding a decedent's death.
79 Money Appropriated in this Bill:
80 None
81 Other Special Clauses:
82 This bill provides a special effective date.
83 Utah Code Sections Affected:
84 AMENDS:
85 4-41a-102, as last amended by Laws of Utah 2023, Chapters 273, 313 and 327
86 4-41a-1001, as last amended by Laws of Utah 2023, Chapter 317 and renumbered and
87 amended by Laws of Utah 2023, Chapters 273, 307 and last amended by
88 Coordination Clause, Laws of Utah 2023, Chapter 307
89 4-41a-1102, as last amended by Laws of Utah 2023, Chapter 317 and renumbered and
90 amended by Laws of Utah 2023, Chapters 273, 307 and last amended by
91 Coordination Clause, Laws of Utah 2023, Chapter 307
92 4-41a-1202, as last amended by Laws of Utah 2023, Chapter 317 and renumbered and
93 amended by Laws of Utah 2023, Chapters 273, 307 and last amended by
94 Coordination Clause, Laws of Utah 2023, Chapter 307
95 17-43-203, as last amended by Laws of Utah 2004, Chapter 80
96 17-43-301, as last amended by Laws of Utah 2023, Chapters 15, 327
97 26A-1-112, as last amended by Laws of Utah 2011, Chapter 297
98 26A-1-113, as last amended by Laws of Utah 2022, Chapter 415
99 26A-1-120, as last amended by Laws of Utah 2002, Chapter 249
100 26B-1-202, as last amended by Laws of Utah 2023, Chapter 302
101 26B-1-204 (Superseded 07/01/24), as last amended by Laws of Utah 2023, Chapters
102 249, 305
103 26B-1-204 (Effective 07/01/24), as last amended by Laws of Utah 2023, Chapters 249,
104 305 and 310
105 26B-1-207, as last amended by Laws of Utah 2023, Chapter 272
106 26B-1-237, as renumbered and amended by Laws of Utah 2023, Chapter 305
107 26B-1-324, as last amended by Laws of Utah 2023, Chapter 270 and renumbered and
108 amended by Laws of Utah 2023, Chapter 305
109 26B-1-414, as last amended by Laws of Utah 2023, Chapter 249 and renumbered and
110 amended by Laws of Utah 2023, Chapter 305
111 26B-1-421, as last amended by Laws of Utah 2023, Chapters 273, 317 and renumbered
112 and amended by Laws of Utah 2023, Chapter 305
113 26B-1-422.1, as enacted by Laws of Utah 2023, Chapter 269 and last amended by
114 Coordination Clause, Laws of Utah 2023, Chapter 305
115 26B-1-435, as enacted by Laws of Utah 2023, Chapter 273
116 26B-1-435.1, as enacted by Laws of Utah 2023, Chapter 273
117 26B-1-502, as renumbered and amended by Laws of Utah 2023, Chapter 305
118 26B-2-101, as last amended by Laws of Utah 2023, Chapter 305
119 26B-2-103, as renumbered and amended by Laws of Utah 2023, Chapter 305
120 26B-2-104, as renumbered and amended by Laws of Utah 2023, Chapter 305
121 26B-2-120, as last amended by Laws of Utah 2023, Chapter 344 and renumbered and
122 amended by Laws of Utah 2023, Chapter 305
123 26B-2-122, as renumbered and amended by Laws of Utah 2023, Chapter 305
124 26B-2-128, as renumbered and amended by Laws of Utah 2023, Chapter 305
125 26B-2-201, as last amended by Laws of Utah 2023, Chapter 301 and renumbered and
126 amended by Laws of Utah 2023, Chapter 305
127 26B-2-202, as renumbered and amended by Laws of Utah 2023, Chapter 305
128 26B-2-204, as last amended by Laws of Utah 2023, Chapter 301 and renumbered and
129 amended by Laws of Utah 2023, Chapter 305
130 26B-2-238, as renumbered and amended by Laws of Utah 2023, Chapter 305
131 26B-2-239, as renumbered and amended by Laws of Utah 2023, Chapter 305
132 26B-2-240, as renumbered and amended by Laws of Utah 2023, Chapter 305
133 26B-2-241 (Superseded 07/01/24), as renumbered and amended by Laws of Utah
134 2023, Chapter 305
135 26B-2-241 (Effective 07/01/24), as last amended by Laws of Utah 2023, Chapter 310
136 and renumbered and amended by Laws of Utah 2023, Chapter 305
137 26B-3-114, as renumbered and amended by Laws of Utah 2023, Chapter 306
138 26B-3-212, as last amended by Laws of Utah 2023, Chapter 316 and renumbered and
139 amended by Laws of Utah 2023, Chapter 306
140 26B-4-118 (Superseded 07/01/24), as renumbered and amended by Laws of Utah
141 2023, Chapter 307
142 26B-4-136 (Superseded 07/01/24), as last amended by Laws of Utah 2023, Chapter 16
143 and renumbered and amended by Laws of Utah 2023, Chapter 307
144 26B-4-152 (Superseded 07/01/24), as renumbered and amended by Laws of Utah
145 2023, Chapter 307
146 26B-4-154 (Superseded 07/01/24), as renumbered and amended by Laws of Utah
147 2023, Chapter 307
148 26B-4-201, as last amended by Laws of Utah 2023, Chapters 273, 317 and renumbered
149 and amended by Laws of Utah 2023, Chapter 307
150 26B-4-202, as last amended by Laws of Utah 2023, Chapters 273, 317 and renumbered
151 and amended by Laws of Utah 2023, Chapter 307 and last amended by
152 Coordination Clause, Laws of Utah 2023, Chapter 307
153 26B-4-213, as last amended by Laws of Utah 2023, Chapters 273, 317 and renumbered
154 and amended by Laws of Utah 2023, Chapter 307 and last amended by
155 Coordination Clause, Laws of Utah 2023, Chapter 307
156 26B-4-214, as last amended by Laws of Utah 2023, Chapter 317 and renumbered and
157 amended by Laws of Utah 2023, Chapter 307
158 26B-4-222, as last amended by Laws of Utah 2023, Chapters 273, 281 and renumbered
159 and amended by Laws of Utah 2023, Chapter 307
160 26B-4-245, as enacted by Laws of Utah 2023, Chapter 273
161 26B-4-701, as renumbered and amended by Laws of Utah 2023, Chapter 307
162 26B-5-101, as last amended by Laws of Utah 2023, Chapter 308
163 26B-5-403, as renumbered and amended by Laws of Utah 2023, Chapter 308
164 26B-6-401, as renumbered and amended by Laws of Utah 2023, Chapter 308
165 26B-7-213, as renumbered and amended by Laws of Utah 2023, Chapter 308
166 26B-7-215, as renumbered and amended by Laws of Utah 2023, Chapter 308
167 26B-8-201, as renumbered and amended by Laws of Utah 2023, Chapter 306
168 26B-8-202, as renumbered and amended by Laws of Utah 2023, Chapter 306
169 26B-8-203, as renumbered and amended by Laws of Utah 2023, Chapter 306
170 26B-8-205, as renumbered and amended by Laws of Utah 2023, Chapter 306
171 26B-8-207, as renumbered and amended by Laws of Utah 2023, Chapter 306
172 26B-8-210, as renumbered and amended by Laws of Utah 2023, Chapter 306
173 26B-8-217, as renumbered and amended by Laws of Utah 2023, Chapter 306
174 26B-8-221, as renumbered and amended by Laws of Utah 2023, Chapter 306
175 26B-8-223, as renumbered and amended by Laws of Utah 2023, Chapter 306
176 26B-8-225, as renumbered and amended by Laws of Utah 2023, Chapter 306
177 26B-8-227, as renumbered and amended by Laws of Utah 2023, Chapter 306
178 26B-8-229, as renumbered and amended by Laws of Utah 2023, Chapter 306
179 34A-6-107, as renumbered and amended by Laws of Utah 1997, Chapter 375
180 53-2a-802, as last amended by Laws of Utah 2022, Chapter 447
181 53-2d-404 (Effective 07/01/24), as renumbered and amended by Laws of Utah 2023,
182 Chapters 307, 310
183 53-2d-503 (Effective 07/01/24), as renumbered and amended by Laws of Utah 2023,
184 Chapters 307, 310
185 53-2d-703 (Effective 07/01/24), as last amended by Laws of Utah 2023, Chapter 16
186 and renumbered and amended by Laws of Utah 2023, Chapters 307, 310
187 53-10-404, as last amended by Laws of Utah 2021, Chapter 262
188 53-10-407, as last amended by Laws of Utah 2021, Chapter 262
189 53E-10-301, as last amended by Laws of Utah 2021, Chapter 379
190 53G-8-211, as last amended by Laws of Utah 2023, Chapter 161
191 53G-8-213, as enacted by Laws of Utah 2023, Chapter 161
192 53G-10-406, as last amended by Laws of Utah 2022, Chapter 447
193 58-17b-309.7, as last amended by Laws of Utah 2023, Chapter 328
194 58-17b-620, as last amended by Laws of Utah 2023, Chapter 328
195 63B-3-102, as last amended by Laws of Utah 2014, Chapter 196
196 63B-3-301, as last amended by Laws of Utah 2023, Chapter 369
197 63B-4-102, as last amended by Laws of Utah 2014, Chapter 196
198 63B-11-702, as last amended by Laws of Utah 2003, Chapter 171
199 63I-1-226 (Superseded 07/01/24), as last amended by Laws of Utah 2023, Chapters
200 249, 269, 270, 275, 332, 335, 420, and 495 and repealed and reenacted by Laws of
201 Utah 2023, Chapter 329
202 63I-1-226 (Effective 07/01/24), as last amended by Laws of Utah 2023, Chapters 249,
203 269, 270, 275, 310, 332, 335, 420, and 495 and repealed and reenacted by Laws of
204 Utah 2023, Chapter 329 and last amended by Coordination Clause, Laws of Utah
205 2023, Chapters 329, 332
206 63M-7-208, as last amended by Laws of Utah 2023, Chapter 161
207 63M-7-401, as last amended by Laws of Utah 2021, Chapter 173
208 63M-7-601, as last amended by Laws of Utah 2023, Chapter 150
209 63M-7-702, as last amended by Laws of Utah 2023, Chapter 150
210 63M-7-802, as enacted by Laws of Utah 2023, Chapter 155
211 67-5b-101, as last amended by Laws of Utah 2016, Chapter 290
212 76-3-401.5, as enacted by Laws of Utah 2021, Chapter 37 and last amended by
213 Coordination Clause, Laws of Utah 2021, Chapter 261
214 76-5-101, as last amended by Laws of Utah 2022, Chapter 181
215 76-5-413, as last amended by Laws of Utah 2022, Chapters 181, 255
216 76-8-311.5, as renumbered and amended by Laws of Utah 2021, Chapter 261
217 77-16b-102, as last amended by Laws of Utah 2021, Chapter 262
218 77-38-3, as last amended by Laws of Utah 2023, Chapter 426
219 77-41-102 (Superseded 07/01/24), as last amended by Laws of Utah 2023, Chapter 123
220 77-41-102 (Effective 07/01/24), as last amended by Laws of Utah 2023, Chapters 123,
221 128
222 78A-6-212, as renumbered and amended by Laws of Utah 2021, Chapter 261
223 78B-7-804, as last amended by Laws of Utah 2023, Chapters 237, 426
224 78B-7-805, as last amended by Laws of Utah 2021, Chapter 159 and last amended by
225 Coordination Clause, Laws of Utah 2021, Chapter 159
226 78B-24-307, as last amended by Laws of Utah 2023, Chapter 330
227 78B-24-308, as last amended by Laws of Utah 2023, Chapter 330
228 80-2-301, as last amended by Laws of Utah 2023, Chapter 280
229 80-2-703, as renumbered and amended by Laws of Utah 2022, Chapter 334
230 80-2-1001, as last amended by Laws of Utah 2023, Chapters 309, 330
231 80-2-1002, as last amended by Laws of Utah 2023, Chapter 330
232 80-3-409, as last amended by Laws of Utah 2023, Chapters 309, 320
233 80-5-102, as last amended by Laws of Utah 2022, Chapter 255
234 80-5-103, as renumbered and amended by Laws of Utah 2021, Chapter 261
235 80-5-401, as last amended by Laws of Utah 2023, Chapter 93
236 80-6-102, as last amended by Laws of Utah 2022, Chapter 155
237
238 Be it enacted by the Legislature of the state of Utah:
239 Section 1. Section 4-41a-102 is amended to read:
240 4-41a-102. Definitions.
241 As used in this chapter:
242 (1) "Adulterant" means any poisonous or deleterious substance in a quantity that may
243 be injurious to health, including:
244 (a) pesticides;
245 (b) heavy metals;
246 (c) solvents;
247 (d) microbial life;
248 (e) artificially derived cannabinoid;
249 (f) toxins; or
250 (g) foreign matter.
251 (2) "Advertise" or "advertising" means information provided by a person in any
252 medium:
253 (a) to the public; and
254 (b) that is not age restricted to an individual who is at least 21 years old.
255 [
256 in Section 26B-1-435.
257 [
258 created by a chemical reaction that changes the molecular structure of any chemical substance
259 derived from the cannabis plant.
260 (b) "Artificially derived cannabinoid" does not include:
261 (i) a naturally occurring chemical substance that is separated from the cannabis plant
262 by a chemical or mechanical extraction process; or
263 (ii) a cannabinoid that is produced by decarboxylation from a naturally occurring
264 cannabinoid acid without the use of a chemical catalyst.
265 [
266 Board created in Section 26B-1-420.
267 [
268 [
269 (a) the product of any chemical or physical process applied to naturally occurring
270 biomass that concentrates or isolates the cannabinoids contained in the biomass; and
271 (b) any amount of a natural cannabinoid or artificially derived cannabinoid in an
272 artificially derived cannabinoid's purified state.
273 [
274 not intended to be sold as a cannabis plant product.
275 [
276 (a) possesses cannabis;
277 (b) grows or intends to grow cannabis; and
278 (c) sells or intends to sell cannabis to a cannabis cultivation facility, a cannabis
279 processing facility, or a medical cannabis research licensee.
280 [
281 holds a valid cannabis production establishment agent registration card with a cannabis
282 cultivation facility designation.
283 [
284 concentrate.
285 [
286 be sold in a form that is recognizable as a portion of a cannabis plant.
287 [
288 (a) acquires or intends to acquire cannabis from a cannabis production establishment;
289 (b) possesses cannabis with the intent to manufacture a cannabis product;
290 (c) manufactures or intends to manufacture a cannabis product from unprocessed
291 cannabis or a cannabis extract; and
292 (d) sells or intends to sell a cannabis product to a medical cannabis pharmacy or a
293 medical cannabis research licensee.
294 [
295 holds a valid cannabis production establishment agent registration card with a cannabis
296 processing facility designation.
297 [
298 26B-4-201.
299 [
300 a cannabis processing facility, or an independent cannabis testing laboratory.
301 [
302 facility agent, a cannabis processing facility agent, or an independent cannabis testing
303 laboratory agent.
304 [
305 registration card that the department issues that:
306 (a) authorizes an individual to act as a cannabis production establishment agent; and
307 (b) designates the type of cannabis production establishment for which an individual is
308 authorized to act as an agent.
309 [
310 school, a church, a public library, a public playground, or a public park.
311 [
312 which a cannabis cultivation facility cultivates cannabis, including each level of horizontal area
313 if the cannabis cultivation facility hangs, suspends, stacks, or otherwise positions plants above
314 other plants in multiple levels.
315 [
316 (a) for a medical cannabis cardholder who is not a facility, the medical cannabis
317 cardholder's home address; or
318 (b) for a medical cannabis cardholder that is a facility, the facility's address.
319 [
320 [
321 step-sibling, uncle, aunt, nephew, niece, first cousin, mother-in-law, father-in-law,
322 brother-in-law, sister-in-law, son-in-law, daughter-in-law, grandparent, or grandchild.
323 [
324 pharmacy that the department authorizes, as part of the pharmacy's license, to deliver medical
325 cannabis shipments to a delivery address to fulfill electronic orders that the state central patient
326 portal facilitates.
327 [
328 (i) conducts a chemical or other analysis of cannabis or a cannabis product; or
329 (ii) acquires, possesses, and transports cannabis or a cannabis product with the intent to
330 conduct a chemical or other analysis of the cannabis or cannabis product.
331 (b) "Independent cannabis testing laboratory" includes a laboratory that the department
332 or a research university operates in accordance with Subsection 4-41a-201(14).
333 [
334 holds a valid cannabis production establishment agent registration card with an
335 independent cannabis testing laboratory designation.
336 [
337 [
338 Licensing Advisory Board created in Section 4-41a-201.1.
339 [
340 26B-4-201.
341 [
342 26B-4-201.
343 [
344 (a) the department licenses in accordance with Section 4-41a-1201; and
345 (b) contracts with a home delivery medical cannabis pharmacy to deliver medical
346 cannabis shipments to fulfill electronic orders that the state central patient portal facilitates.
347 [
348 (a) is an employee of a medical cannabis courier; and
349 (b) who holds a valid medical cannabis courier agent registration card.
350 [
351 Section 26B-4-201.
352 [
353 in Section 26B-4-201.
354 [
355 issues to a research university for the purpose of obtaining and possessing medical cannabis for
356 academic research.
357 [
358 department licenses to obtain and possess medical cannabis for academic research, in
359 accordance with Section 4-41a-901.
360 [
361 medical cannabis product that a home delivery medical cannabis pharmacy or a medical
362 cannabis courier delivers to a delivery address to fulfill an electronic medical cannabis order
363 that the state central patient portal facilitates.
364 [
365 Section 26B-4-201.
366 [
367 26B-4-201.
368 [
369 Section 26B-4-201.
370 [
371 Section 26B-4-201.
372 [
373 4-41a-104.
374 [
375 in Section 26B-4-201.
376 [
377 53B-7-702 and a private, nonprofit college or university in the state that:
378 (a) is accredited by the Northwest Commission on Colleges and Universities;
379 (b) grants doctoral degrees; and
380 (c) has a laboratory containing or a program researching a schedule I controlled
381 substance described in Section 58-37-4.
382 [
383 26B-4-202.
384 (46) "Targeted marketing" means the promotion by a medical cannabis pharmacy of a
385 medical cannabis product, medical cannabis brand, or a medical cannabis device using any of
386 the following methods:
387 (a) electronic communication to an individual who is at least 21 years old and has
388 requested to receive promotional information from the medical cannabis pharmacy;
389 (b) an in-person marketing event that is:
390 (i) held inside a medical cannabis pharmacy; and
391 (ii) in an area where only a medical cannabis cardholder may access the event; or
392 (c) other marketing material that is physically available or digitally displayed in:
393 (i) a medical cannabis pharmacy; and
394 (ii) an area where only a medical cannabis cardholder has access.
395 [
396 Section 4-41-102.
397 [
398 [
399 tetrahydrocannabinol.
400 [
401 defined in Section 4-41-102.
402 Section 2. Section 4-41a-1001 is amended to read:
403 4-41a-1001. Medical cannabis pharmacy -- License -- Eligibility.
404 (1) A person may not operate as a medical cannabis pharmacy without a license that
405 the department issues under this part.
406 (2) (a) (i) Subject to Subsections (4) and (5) and to Section 4-41a-1005, the department
407 shall issue a license to operate a medical cannabis pharmacy in accordance with Title 63G,
408 Chapter 6a, Utah Procurement Code.
409 (ii) The department may not issue a license to operate a medical cannabis pharmacy to
410 an applicant who is not eligible for a license under this section.
411 (b) An applicant is eligible for a license under this section if the applicant submits to
412 the department:
413 (i) subject to Subsection (2)(c), a proposed name and address where the applicant will
414 operate the medical cannabis pharmacy;
415 (ii) the name and address of an individual who:
416 (A) for a publicly traded company, has a financial or voting interest of 10% or greater
417 in the proposed medical cannabis pharmacy;
418 (B) for a privately held company, a financial or voting interest in the proposed medical
419 cannabis pharmacy; or
420 (C) has the power to direct or cause the management or control of a proposed medical
421 cannabis pharmacy;
422 (iii) for each application that the applicant submits to the department, a statement from
423 the applicant that the applicant will obtain and maintain:
424 (A) a performance bond in the amount of $100,000 issued by a surety authorized to
425 transact surety business in the state; or
426 (B) a liquid cash account in the amount of $100,000 with a financial institution;
427 (iv) an operating plan that:
428 (A) complies with Section 4-41a-1004;
429 (B) includes operating procedures to comply with the operating requirements for a
430 medical cannabis pharmacy described in this part and with a relevant municipal or county law
431 that is consistent with Section 4-41a-1106; and
432 (C) the department approves;
433 (v) an application fee in an amount that, subject to Subsection 4-41a-104(5), the
434 department sets in accordance with Section 63J-1-504; and
435 (vi) a description of any investigation or adverse action taken by any licensing
436 jurisdiction, government agency, law enforcement agency, or court in any state for any
437 violation or detrimental conduct in relation to any of the applicant's cannabis-related operations
438 or businesses.
439 (c) (i) A person may not locate a medical cannabis pharmacy:
440 (A) within 200 feet of a community location; or
441 (B) in or within 600 feet of a district that the relevant municipality or county has zoned
442 as primarily residential.
443 (ii) The proximity requirements described in Subsection (2)(c)(i) shall be measured
444 from the nearest entrance to the medical cannabis pharmacy establishment by following the
445 shortest route of ordinary pedestrian travel to the property boundary of the community location
446 or residential area.
447 (iii) The department may grant a waiver to reduce the proximity requirements in
448 Subsection (2)(c)(i) by up to 20% if the department determines that it is not reasonably feasible
449 for the applicant to [
450 (iv) An applicant for a license under this section shall provide evidence of compliance
451 with the proximity requirements described in Subsection (2)(c)(i).
452 (d) The department may not issue a license to an eligible applicant that the department
453 has selected to receive a license until the selected eligible applicant complies with the bond or
454 liquid cash requirement described in Subsection (2)(b)(iii).
455 (e) If the department receives more than one application for a medical cannabis
456 pharmacy within the same city or town, the department shall consult with the local land use
457 authority before approving any of the applications pertaining to that city or town.
458 (3) If the department selects an applicant for a medical cannabis pharmacy license
459 under this section, the department shall:
460 (a) charge the applicant an initial license fee in an amount that, subject to Subsection
461 4-41a-104(5), the department sets in accordance with Section 63J-1-504;
462 (b) notify the Department of Public Safety of the license approval and the names of
463 each individual described in Subsection (2)(b)(ii); and
464 (c) charge the licensee a fee in an amount that, subject to Subsection 4-41a-104(5), the
465 department sets in accordance with Section 63J-1-504, for any change in location, ownership,
466 or company structure.
467 (4) The department may not issue a license to operate a medical cannabis pharmacy to
468 an applicant if an individual described in Subsection (2)(b)(ii):
469 (a) has been convicted under state or federal law of:
470 (i) a felony; or
471 (ii) after December 3, 2018, a misdemeanor for drug distribution;
472 (b) is younger than 21 years old; or
473 (c) after September 23, 2019, until January 1, 2023, is actively serving as a legislator.
474 (5) (a) If an applicant for a medical cannabis pharmacy license under this section holds
475 another license under this chapter, the department may not give preference to the applicant
476 based on the applicant's status as a holder of the license.
477 (b) If an applicant for a medical cannabis pharmacy license under this section holds a
478 license to operate a cannabis cultivation facility under this section, the department may give
479 consideration to the applicant's status as a holder of the license if:
480 (i) the applicant demonstrates that a decrease in costs to patients is more likely to result
481 from the applicant's vertical integration than from a more competitive marketplace; and
482 (ii) the department finds multiple other factors, in addition to the existing license, that
483 support granting the new license.
484 (6) [
485 [
486 after the day on which the department issues an announcement of the department's intent to
487 award a license to the medical cannabis pharmacy;
488 [
489 licensed cannabis production establishments or medical cannabis pharmacies;
490 [
491 license is active, under state or federal law of:
492 [
493 [
494 [
495 (2)(b)(vi) at the time of application, or fails to supplement the information described in
496 Subsection (2)(b)(vi) with any investigation or adverse action that occurs after the submission
497 of the application within 14 calendar days after the licensee receives notice of the investigation
498 or adverse action;
499 [
500 for the requirements of this chapter or the rules the department makes in accordance with this
501 chapter; or
502 [
503 department determines that the medical cannabis pharmacy no longer meets the minimum
504 standards for licensure and operation of the medical cannabis pharmacy described in this
505 chapter.
506 [
507
508
509 (7) (a) A person who receives a medical cannabis pharmacy license under this chapter,
510 if the municipality or county where the licensed medical cannabis pharmacy will be located
511 requires a local land use permit, shall submit to the department a copy of the licensee's
512 approved application for the land use permit within 120 days after the day on which the
513 department issues the license.
514 (b) If a licensee fails to submit to the department a copy the licensee's approved land
515 use permit application in accordance with Subsection (7)(a), the department may revoke the
516 licensee's license.
517 (8) The department shall deposit the proceeds of a fee imposed by this section into the
518 Qualified Production Enterprise Fund.
519 (9) The department shall begin accepting applications under this part on or before
520 March 1, 2020.
521 (10) (a) The department's authority to issue a license under this section is plenary and is
522 not subject to review.
523 (b) Notwithstanding Subsection (2), the decision of the department to award a license
524 to an applicant is not subject to:
525 (i) Title 63G, Chapter 6a, Part 16, Protests; or
526 (ii) Title 63G, Chapter 6a, Part 17, Procurement Appeals Board.
527 (11) (a) A medical cannabis pharmacy license is not transferrable or assignable.
528 (b) A medical cannabis pharmacy shall report in writing to the department no later than
529 10 business days before the date of any change of ownership of the medical cannabis
530 pharmacy.
531 (c) If the ownership of a medical cannabis pharmacy changes by 50% or more:
532 (i) concurrent with the report described in Subsection (11)(b), the medical cannabis
533 pharmacy shall submit a new application described in Subsection (2)(b), subject to Subsection
534 (2)(c);
535 (ii) within 30 days of the submission of the application, the department shall:
536 (A) conduct an application review; and
537 (B) award a license to the medical cannabis pharmacy for the remainder of the term of
538 the medical cannabis pharmacy's license before the ownership change if the medical cannabis
539 pharmacy meets the minimum standards for licensure and operation of the medical cannabis
540 pharmacy described in this chapter; and
541 (iii) if the department approves the license application, notwithstanding Subsection (3),
542 the medical cannabis pharmacy shall pay a license fee that the department sets in accordance
543 with Section 63J-1-504 in an amount that covers the board's cost of conducting the application
544 review.
545 Section 3. Section 4-41a-1102 is amended to read:
546 4-41a-1102. Dispensing -- Amount a medical cannabis pharmacy may dispense --
547 Reporting -- Form of cannabis or cannabis product.
548 (1) (a) A medical cannabis pharmacy may not sell a product other than:
549 (i) cannabis in a medicinal dosage form that the medical cannabis pharmacy acquired
550 from another medical cannabis pharmacy or a cannabis processing facility that is licensed
551 under Section 4-41a-201;
552 (ii) a cannabis product in a medicinal dosage form that the medical cannabis pharmacy
553 acquired from another medical cannabis pharmacy or a cannabis processing facility that is
554 licensed under Section 4-41a-201;
555 (iii) a medical cannabis device; or
556 (iv) educational material related to the medical use of cannabis.
557 (b) A medical cannabis pharmacy may only sell an item listed in Subsection (1)(a) to
558 an individual with:
559 (i) (A) a medical cannabis card; or
560 (B) a Department of Health and Human Services registration described in Subsection
561 26B-4-213(10); and
562 (ii) a corresponding government issued photo identification.
563 (c) Notwithstanding Subsection (1)(a), a medical cannabis pharmacy may not sell a
564 cannabis-based drug that the United States Food and Drug Administration has approved.
565 (d) Notwithstanding Subsection (1)(b), a medical cannabis pharmacy may not sell a
566 medical cannabis device or medical cannabis product to an individual described in Subsection
567 26B-4-213(2)(a)(i)(B) or to a minor described in Subsection 26B-4-213(2)(c) unless the
568 individual or minor has the approval of the Compassionate Use Board in accordance with
569 Subsection 26B-1-421(5).
570 (2) A medical cannabis pharmacy:
571 (a) may dispense to a medical cannabis cardholder, in any one 28-day period, up to the
572 legal dosage limit of:
573 (i) unprocessed cannabis that:
574 (A) is in a medicinal dosage form; and
575 (B) carries a label clearly displaying the amount of tetrahydrocannabinol and
576 cannabidiol in the cannabis; and
577 (ii) a cannabis product that is in a medicinal dosage form; and
578 (b) may not dispense:
579 (i) more medical cannabis than described in Subsection (2)(a); or
580 (ii) any medical cannabis to an individual whose recommending medical provider did
581 not recommend directions of use and dosing guidelines, until the individual consults with the
582 pharmacy medical provider in accordance with Subsection 26B-4-231(5) [
583
584 (3) (a) A medical cannabis pharmacy shall:
585 (i) (A) access the state electronic verification system before dispensing cannabis or a
586 cannabis product to a medical cannabis cardholder in order to determine if the cardholder or,
587 where applicable, the associated patient has met the maximum amount of medical cannabis
588 described in Subsection (2); and
589 (B) if the verification in Subsection (3)(a)(i) indicates that the individual has met the
590 maximum amount described in Subsection (2), decline the sale, and notify the recommending
591 medical provider who made the underlying recommendation;
592 (ii) submit a record to the state electronic verification system each time the medical
593 cannabis pharmacy dispenses medical cannabis to a medical cannabis cardholder;
594 (iii) ensure that the pharmacy medical provider who is a licensed pharmacist reviews
595 each medical cannabis transaction before dispensing the medical cannabis to the cardholder in
596 accordance with pharmacy practice standards;
597 (iv) package any medical cannabis that is in a container that:
598 (A) complies with Subsection 4-41a-602(1)(b) or, if applicable, provisions related to a
599 container for unprocessed cannabis flower in the definition of "medicinal dosage form" in
600 Section 26B-4-201;
601 (B) is tamper-resistant and tamper-evident; and
602 (C) provides an opaque bag or box for the medical cannabis cardholder's use in
603 transporting the container in public;
604 (v) for a product that is a cube that is designed for ingestion through chewing or
605 holding in the mouth for slow dissolution, include a separate, off-label warning about the risks
606 of over-consumption; and
607 (vi) beginning January 1, 2024, for a cannabis product that is cannabis flower,
608 vaporizer cartridges, or concentrate, provide the product's terpene profiles collected under
609 Subsection 4-41a-602(4) at or before the point of sale.
610 (b) A medical cannabis cardholder transporting or possessing the container described
611 in Subsection (3)(a)(iv) in public shall keep the container within the opaque bag or box that the
612 medical cannabis pharmacist provides.
613 (4) (a) Except as provided in Subsection (4)(b), a medical cannabis pharmacy may not
614 sell medical cannabis in the form of a cigarette or a medical cannabis device that is
615 intentionally designed or constructed to resemble a cigarette.
616 (b) A medical cannabis pharmacy may sell a medical cannabis device that warms
617 cannabis material into a vapor without the use of a flame and that delivers cannabis to an
618 individual's respiratory system.
619 (5) (a) A medical cannabis pharmacy may not give, at no cost, a product that the
620 medical cannabis pharmacy is allowed to sell under Subsection (1)(a)(i), (ii), or (iii).
621 (b) A medical cannabis pharmacy may give, at no cost, educational material related to
622 the medical use of cannabis.
623 (6) A medical cannabis pharmacy may purchase and store medical cannabis devices
624 regardless of whether the seller has a cannabis-related license under this chapter or Title 26B,
625 Utah Health and Human Services Code.
626 Section 4. Section 4-41a-1202 is amended to read:
627 4-41a-1202. Home delivery of medical cannabis shipments -- Medical cannabis
628 couriers -- License.
629 (1) The department shall make rules, in accordance with Title 63G, Chapter 3, Utah
630 Administrative Rulemaking Act, to ensure the safety, security, and efficiency of a home
631 delivery medical cannabis pharmacy's fulfillment of electronic medical cannabis orders that the
632 state central patient portal facilitates, including rules regarding the safe and controlled delivery
633 of medical cannabis shipments.
634 (2) A person may not operate as a medical cannabis courier without a license that the
635 department issues under this section.
636 (3) (a) Subject to Subsections (5) and (6), the department shall issue a license to
637 operate as a medical cannabis courier to an applicant who is eligible for a license under this
638 section.
639 (b) An applicant is eligible for a license under this section if the applicant submits to
640 the department:
641 (i) the name and address of an individual who:
642 (A) has a financial or voting interest of 10% or greater in the proposed medical
643 cannabis courier; or
644 (B) has the power to direct or cause the management or control of a proposed cannabis
645 production establishment;
646 (ii) an operating plan that includes operating procedures to comply with the operating
647 requirements for a medical cannabis courier described in this chapter; and
648 (iii) an application fee in an amount that, subject to Subsection 4-41a-104(5), the
649 department sets in accordance with Section 63J-1-504.
650 (4) If the department determines that an applicant is eligible for a license under this
651 section, the department shall:
652 (a) charge the applicant an initial license fee in an amount that, subject to Subsection
653 4-41a-104(5), the department sets in accordance with Section 63J-1-504; and
654 (b) notify the Department of Public Safety of the license approval and the names of
655 each individual described in Subsection (3)(b)(i).
656 (5) The department may not issue a license to operate as a medical cannabis courier to
657 an applicant if an individual described in Subsection (3)(b)(i):
658 (a) has been convicted under state or federal law of:
659 (i) a felony; or
660 (ii) after September 23, 2019, a misdemeanor for drug distribution; or
661 (b) is younger than 21 years old.
662 (6) The department may revoke a license under this part if:
663 (a) the medical cannabis courier does not begin operations within one year after the day
664 on which the department issues the initial license;
665 (b) the medical cannabis courier makes the same violation of this chapter three times;
666 (c) an individual described in Subsection (3)(b)(i) is convicted, while the license is
667 active, under state or federal law of:
668 (i) a felony; or
669 (ii) after September 23, 2019, a misdemeanor for drug distribution; or
670 (d) after a change of ownership described in Subsection (15)(c), the department
671 determines that the medical cannabis courier no longer meets the minimum standards for
672 licensure and operation of the medical cannabis courier described in this chapter.
673 (7) The department shall deposit the proceeds of a fee imposed by this section in the
674 Qualified Production Enterprise Fund.
675 [
676
677 [
678 is not subject to review.
679 [
680 time of application, from each individual who has a financial or voting interest of 10% or
681 greater in the applicant or who has the power to direct or cause the management or control of
682 the applicant:
683 (a) a fingerprint card in a form acceptable to the Department of Public Safety;
684 (b) a signed waiver in accordance with Subsection 53-10-108(4) acknowledging the
685 registration of the individual's fingerprints in the Federal Bureau of Investigation Next
686 Generation Identification System's Rap Back Service; and
687 (c) consent to a fingerprint background check by:
688 (i) the Bureau of Criminal Identification; and
689 (ii) the Federal Bureau of Investigation.
690 [
691 (a) check the fingerprints the applicant submits under Subsection [
692 applicable state, regional, and national criminal records databases, including the Federal
693 Bureau of Investigation Next Generation Identification System;
694 (b) report the results of the background check to the department;
695 (c) maintain a separate file of fingerprints that applicants submit under Subsection
696 [
697 including latent prints;
698 (d) request that the fingerprints be retained in the Federal Bureau of Investigation Next
699 Generation Identification System's Rap Back Service for search by future submissions to
700 national criminal records databases, including the Next Generation Identification System and
701 latent prints; and
702 (e) establish a privacy risk mitigation strategy to ensure that the department only
703 receives notifications for an individual with whom the department maintains an authorizing
704 relationship.
705 [
706 (a) assess an individual who submits fingerprints under Subsection [
707 an amount that the department sets in accordance with Section 63J-1-504 for the services that
708 the Bureau of Criminal Identification or another authorized agency provides under this section;
709 and
710 (b) remit the fee described in Subsection [
711 Identification.
712 [
713 time of renewal:
714 (a) the licensee meets the requirements of this section; and
715 (b) the licensee pays the department a license renewal fee in an amount that, subject to
716 Subsection 4-41a-104(5), the department sets in accordance with Section 63J-1-504.
717 [
718 department a proposed operating plan that complies with this section and that includes:
719 (a) a description of the physical characteristics of any proposed facilities, including a
720 floor plan and an architectural elevation, and delivery vehicles;
721 (b) a description of the credentials and experience of each officer, director, or owner of
722 the proposed medical cannabis courier;
723 (c) the medical cannabis courier's employee training standards;
724 (d) a security plan; and
725 (e) storage and delivery protocols, both short and long term, to ensure that medical
726 cannabis shipments are stored and delivered in a manner that is sanitary and preserves the
727 integrity of the cannabis.
728 [
729 assignable.
730 (b) A medical cannabis courier shall report in writing to the department no later than
731 10 business days before the date of any change of ownership of the medical cannabis courier.
732 (c) If the ownership of a medical cannabis courier changes by 50% or more:
733 (i) concurrent with the report described in Subsection [
734 cannabis courier shall submit a new application described in Subsection (3)(b);
735 (ii) within 30 days of the submission of the application, the department shall:
736 (A) conduct an application review; and
737 (B) award a license to the medical cannabis courier for the remainder of the term of the
738 medical cannabis courier's license before the ownership change if the medical cannabis courier
739 meets the minimum standards for licensure and operation of the medical cannabis courier
740 described in this chapter; and
741 (iii) if the department approves the license application, notwithstanding Subsection (4),
742 the medical cannabis courier shall pay a license fee that the department sets in accordance with
743 Section 63J-1-504 in an amount that covers the board's cost of conducting the application
744 review.
745 [
746 regarding the transportation of medical cannabis.
747 (b) Notwithstanding Subsection [
748 licensed home delivery medical cannabis pharmacy or a licensed medical cannabis courier may
749 advertise:
750 (i) a green cross;
751 (ii) the pharmacy's or courier's name and logo; and
752 (iii) that the pharmacy or courier is licensed to transport medical cannabis shipments.
753 Section 5. Section 17-43-203 is amended to read:
754 17-43-203. Definition of "public funds" -- Responsibility for oversight of public
755 funds -- Substance abuse programs and services.
756 (1) As used in this section, "public funds":
757 (a) means:
758 (i) federal money received from the department or the [
759 Department of Health and Human Services; and
760 (ii) state money appropriated by the Legislature to the department, the [
761
762 substance abuse authority for the purposes of providing substance abuse programs or services;
763 and
764 (b) includes that federal and state money:
765 (i) even after the money has been transferred by a local substance abuse authority to a
766 private provider under an annual or otherwise ongoing contract to provide comprehensive
767 substance abuse programs or services for the local substance abuse authority; and
768 (ii) while in the possession of the private provider.
769 (2) Each local substance abuse authority is responsible for oversight of all public funds
770 received by it, to determine that those public funds are utilized in accordance with federal and
771 state law, the rules and policies of the department and the [
772 of Health and Human Services, and the provisions of any contract between the local substance
773 abuse authority and the department, the [
774 Human Services, or a private provider. That oversight includes requiring that neither the
775 contract provider, as described in Subsection (1), nor any of its employees:
776 (a) violate any applicable federal or state criminal law;
777 (b) knowingly violate any applicable rule or policy of the department or [
778
779 local substance abuse authority and the department, the [
780 Health and Human Services, or the private provider;
781 (c) knowingly keep any false account or make any false entry or erasure in any account
782 of or relating to the public funds;
783 (d) fraudulently alter, falsify, conceal, destroy, or obliterate any account of or relating
784 to public funds;
785 (e) fail to ensure competent oversight for lawful disbursement of public funds;
786 (f) appropriate public funds for an unlawful use or for a use that is not in compliance
787 with contract provisions; or
788 (g) knowingly or intentionally use public funds unlawfully or in violation of a
789 governmental contract provision, or in violation of state policy.
790 (3) Each local substance abuse authority that knows or reasonably should know of any
791 of the circumstances described in Subsection (2), and that fails or refuses to take timely
792 corrective action in good faith shall, in addition to any other penalties provided by law, be
793 required to make full and complete repayment to the state of all public funds improperly used
794 or expended.
795 (4) Any public funds required to be repaid to the state by a local substance abuse
796 authority under Subsection (3), based upon the actions or failure of the contract provider, may
797 be recovered by the local substance abuse authority from its contract provider, in addition to
798 the local substance abuse authority's costs and attorney's fees.
799 Section 6. Section 17-43-301 is amended to read:
800 17-43-301. Local mental health authorities -- Responsibilities.
801 (1) As used in this section:
802 (a) "Assisted outpatient treatment" means the same as that term is defined in Section
803 26B-5-301.
804 (b) "Crisis worker" means the same as that term is defined in Section 26B-5-610.
805 (c) "Local mental health crisis line" means the same as that term is defined in Section
806 26B-5-610.
807 (d) "Mental health therapist" means the same as that term is defined in Section
808 58-60-102.
809 (e) "Public funds" means the same as that term is defined in Section 17-43-303.
810 (f) "Statewide mental health crisis line" means the same as that term is defined in
811 Section 26B-5-610.
812 (2) (a) (i) In each county operating under a county executive-council form of
813 government under Section 17-52a-203, the county legislative body is the local mental health
814 authority, provided however that any contract for plan services shall be administered by the
815 county executive.
816 (ii) In each county operating under a council-manager form of government under
817 Section 17-52a-204, the county manager is the local mental health authority.
818 (iii) In each county other than a county described in Subsection (2)(a)(i) or (ii), the
819 county legislative body is the local mental health authority.
820 (b) Within legislative appropriations and county matching funds required by this
821 section, under the direction of the division, each local mental health authority shall:
822 (i) provide mental health services to individuals within the county; and
823 (ii) cooperate with efforts of the division to promote integrated programs that address
824 an individual's substance use, mental health, and physical healthcare needs, as described in
825 Section 26B-5-102.
826 (c) Within legislative appropriations and county matching funds required by this
827 section, each local mental health authority shall cooperate with the efforts of the department to
828 promote a system of care, as defined in Section [
829 risk for complex emotional and behavioral needs, as described in Section 26B-1-202.
830 (3) (a) By executing an interlocal agreement under Title 11, Chapter 13, Interlocal
831 Cooperation Act, two or more counties may join to:
832 (i) provide mental health prevention and treatment services; or
833 (ii) create a united local health department that combines substance use treatment
834 services, mental health services, and local health department services in accordance with
835 Subsection (4).
836 (b) The legislative bodies of counties joining to provide services may establish
837 acceptable ways of apportioning the cost of mental health services.
838 (c) Each agreement for joint mental health services shall:
839 (i) (A) designate the treasurer of one of the participating counties or another person as
840 the treasurer for the combined mental health authorities and as the custodian of money
841 available for the joint services; and
842 (B) provide that the designated treasurer, or other disbursing officer authorized by the
843 treasurer, may make payments from the money available for the joint services upon audit of the
844 appropriate auditing officer or officers representing the participating counties;
845 (ii) provide for the appointment of an independent auditor or a county auditor of one of
846 the participating counties as the designated auditing officer for the combined mental health
847 authorities;
848 (iii) (A) provide for the appointment of the county or district attorney of one of the
849 participating counties as the designated legal officer for the combined mental health
850 authorities; and
851 (B) authorize the designated legal officer to request and receive the assistance of the
852 county or district attorneys of the other participating counties in defending or prosecuting
853 actions within their counties relating to the combined mental health authorities; and
854 (iv) provide for the adoption of management, clinical, financial, procurement,
855 personnel, and administrative policies as already established by one of the participating
856 counties or as approved by the legislative body of each participating county or interlocal board.
857 (d) An agreement for joint mental health services may provide for:
858 (i) joint operation of services and facilities or for operation of services and facilities
859 under contract by one participating local mental health authority for other participating local
860 mental health authorities; and
861 (ii) allocation of appointments of members of the mental health advisory council
862 between or among participating counties.
863 (4) A county governing body may elect to combine the local mental health authority
864 with the local substance abuse authority created in Part 2, Local Substance Abuse Authorities,
865 and the local health department created in Title 26A, Chapter 1, Part 1, Local Health
866 Department Act, to create a united local health department under Section 26A-1-105.5. A local
867 mental health authority that joins with a united local health department shall comply with this
868 part.
869 (5) (a) Each local mental health authority is accountable to the department and the state
870 with regard to the use of state and federal funds received from those departments for mental
871 health services, regardless of whether the services are provided by a private contract provider.
872 (b) Each local mental health authority shall comply, and require compliance by its
873 contract provider, with all directives issued by the department regarding the use and
874 expenditure of state and federal funds received from those departments for the purpose of
875 providing mental health programs and services. The department shall ensure that those
876 directives are not duplicative or conflicting, and shall consult and coordinate with local mental
877 health authorities with regard to programs and services.
878 (6) (a) Each local mental health authority shall:
879 (i) review and evaluate mental health needs and services, including mental health needs
880 and services for:
881 (A) an individual incarcerated in a county jail or other county correctional facility; and
882 (B) an individual who is a resident of the county and who is court ordered to receive
883 assisted outpatient treatment under Section 26B-5-351;
884 (ii) in accordance with Subsection (6)(b), annually prepare and submit to the division a
885 plan approved by the county legislative body for mental health funding and service delivery,
886 either directly by the local mental health authority or by contract;
887 (iii) establish and maintain, either directly or by contract, programs licensed under Title
888 26B, Chapter 2, Part 1, Human Services Programs and Facilities;
889 (iv) appoint, directly or by contract, a full-time or part-time director for mental health
890 programs and prescribe the director's duties;
891 (v) provide input and comment on new and revised rules established by the division;
892 (vi) establish and require contract providers to establish administrative, clinical,
893 personnel, financial, procurement, and management policies regarding mental health services
894 and facilities, in accordance with the rules of the division, and state and federal law;
895 (vii) establish mechanisms allowing for direct citizen input;
896 (viii) annually contract with the division to provide mental health programs and
897 services in accordance with the provisions of Title 26B, Chapter 5, Health Care - Substance
898 Use and Mental Health;
899 (ix) comply with all applicable state and federal statutes, policies, audit requirements,
900 contract requirements, and any directives resulting from those audits and contract requirements;
901 (x) provide funding equal to at least 20% of the state funds that it receives to fund
902 services described in the plan;
903 (xi) comply with the requirements and procedures of Title 11, Chapter 13, Interlocal
904 Cooperation Act, Title 17B, Chapter 1, Part 6, Fiscal Procedures for Special Districts, and Title
905 51, Chapter 2a, Accounting Reports from Political Subdivisions, Interlocal Organizations, and
906 Other Local Entities Act; and
907 (xii) take and retain physical custody of minors committed to the physical custody of
908 local mental health authorities by a judicial proceeding under Title 26B, Chapter 5, Part 4,
909 Commitment of Persons Under Age 18.
910 (b) Each plan under Subsection (6)(a)(ii) shall include services for adults, youth, and
911 children, which shall include:
912 (i) inpatient care and services;
913 (ii) residential care and services;
914 (iii) outpatient care and services;
915 (iv) 24-hour crisis care and services;
916 (v) psychotropic medication management;
917 (vi) psychosocial rehabilitation, including vocational training and skills development;
918 (vii) case management;
919 (viii) community supports, including in-home services, housing, family support
920 services, and respite services;
921 (ix) consultation and education services, including case consultation, collaboration
922 with other county service agencies, public education, and public information; and
923 (x) services to persons incarcerated in a county jail or other county correctional facility.
924 (7) (a) If a local mental health authority provides for a local mental health crisis line
925 under the plan for 24-hour crisis care and services described in Subsection (6)(b)(iv), the local
926 mental health authority shall:
927 (i) collaborate with the statewide mental health crisis line described in Section
928 26B-5-610;
929 (ii) ensure that each individual who answers calls to the local mental health crisis line:
930 (A) is a mental health therapist or a crisis worker; and
931 (B) meets the standards of care and practice established by the Division of Integrated
932 Healthcare, in accordance with Section 26B-5-610; and
933 (iii) ensure that when necessary, based on the local mental health crisis line's capacity,
934 calls are immediately routed to the statewide mental health crisis line to ensure that when an
935 individual calls the local mental health crisis line, regardless of the time, date, or number of
936 individuals trying to simultaneously access the local mental health crisis line, a mental health
937 therapist or a crisis worker answers the call without the caller first:
938 (A) waiting on hold; or
939 (B) being screened by an individual other than a mental health therapist or crisis
940 worker.
941 (b) If a local mental health authority does not provide for a local mental health crisis
942 line under the plan for 24-hour crisis care and services described in Subsection (6)(b)(iv), the
943 local mental health authority shall use the statewide mental health crisis line as a local crisis
944 line resource.
945 (8) Before disbursing any public funds, each local mental health authority shall require
946 that each entity that receives any public funds from a local mental health authority agrees in
947 writing that:
948 (a) the entity's financial records and other records relevant to the entity's performance
949 of the services provided to the mental health authority shall be subject to examination by:
950 (i) the division;
951 (ii) the local mental health authority director;
952 (iii) (A) the county treasurer and county or district attorney; or
953 (B) if two or more counties jointly provide mental health services under an agreement
954 under Subsection (3), the designated treasurer and the designated legal officer;
955 (iv) the county legislative body; and
956 (v) in a county with a county executive that is separate from the county legislative
957 body, the county executive;
958 (b) the county auditor may examine and audit the entity's financial and other records
959 relevant to the entity's performance of the services provided to the local mental health
960 authority; and
961 (c) the entity will comply with the provisions of Subsection (5)(b).
962 (9) A local mental health authority may receive property, grants, gifts, supplies,
963 materials, contributions, and any benefit derived therefrom, for mental health services. If those
964 gifts are conditioned upon their use for a specified service or program, they shall be so used.
965 (10) Public funds received for the provision of services pursuant to the local mental
966 health plan may not be used for any other purpose except those authorized in the contract
967 between the local mental health authority and the provider for the provision of plan services.
968 (11) A local mental health authority shall provide assisted outpatient treatment
969 services, as described in Section 26B-5-350, to a resident of the county who has been ordered
970 under Section 26B-5-351 to receive assisted outpatient treatment.
971 Section 7. Section 26A-1-112 is amended to read:
972 26A-1-112. Appointment of personnel.
973 (1) All local health department personnel shall be hired by the local health officer or
974 the local health officer's designee in accordance with the merit system, personnel policies, and
975 compensation plans approved by the board and ratified pursuant to Subsection (2). The
976 personnel shall have qualifications for their positions equivalent to those approved for
977 comparable positions in the Departments of [
978 Environmental Quality.
979 (2) The merit system, personnel policies, and compensation plans approved under
980 Subsection (1) shall be ratified by all the counties participating in the local health department.
981 (3) Subject to the local merit system, employees of the local health department may be
982 removed by the local health officer for cause. A hearing shall be granted if requested by the
983 employee.
984 Section 8. Section 26A-1-113 is amended to read:
985 26A-1-113. Right of entry to regulated premises by representatives for inspection.
986 (1) Upon presenting proper identification, authorized representatives of local health
987 departments may enter upon the premises of properties regulated by local health departments to
988 perform routine inspections to insure compliance with rules, standards, regulations, and
989 ordinances as adopted by the Departments of [
990 Environmental Quality, local boards of health, county or municipal governing bodies, or
991 administered by the Division of Professional Licensing under Title 15A, Chapter 1, Part 2,
992 State Construction Code Administration Act.
993 (2) Section 58-56-9 does not apply to health inspectors acting under this section.
994 (3) This section does not authorize local health departments to inspect private
995 dwellings.
996 Section 9. Section 26A-1-120 is amended to read:
997 26A-1-120. County attorney or district attorney to represent and advise
998 department, board, officers, and employees.
999 (1) Except as otherwise provided in this section, the county attorney of the county in
1000 which the headquarters of the local health department is located shall serve as legal advisor to
1001 the local health department in all civil matters involving the local health department.
1002 (2) The county attorney of the county where a civil claim arises shall bring any action
1003 requested by a local health department to abate a condition that exists in violation of, or to
1004 restrain or enjoin any action which is in violation of the public health laws and rules of the
1005 Departments of [
1006 standards, regulations, orders, and notices, of a local health department, and other laws,
1007 ordinances, and rules pertaining to health and sanitary matters.
1008 (3) (a) The district attorney or county attorney having criminal jurisdiction shall
1009 prosecute criminal violations of the public health laws and rules of the Departments of [
1010 Health and Human Services and Environmental Quality, the standards, regulations, orders, and
1011 notices, of a local health department, and other laws and rules pertaining to health and sanitary
1012 matters.
1013 (b) Violations of local ordinances relating to public health matters shall be prosecuted
1014 by the prosecuting attorney of the jurisdiction enacting the ordinance.
1015 (4) The county attorney of a county where an action arises shall, if requested by the
1016 county attorney designated in Subsection (1):
1017 (a) act as legal adviser to the local health department and the board with respect to the
1018 action; and
1019 (b) defend all actions and proceedings brought in that county against the local health
1020 department, the board, or the officers and employees of the local health department.
1021 Section 10. Section 26B-1-202 is amended to read:
1022 26B-1-202. Department authority and duties.
1023 The department may, subject to applicable restrictions in state law and in addition to all
1024 other authority and responsibility granted to the department by law:
1025 (1) adopt rules, in accordance with Title 63G, Chapter 3, Utah Administrative
1026 Rulemaking Act, and not inconsistent with law, as the department may consider necessary or
1027 desirable for providing health and social services to the people of this state;
1028 (2) establish and manage client trust accounts in the department's institutions and
1029 community programs, at the request of the client or the client's legal guardian or representative,
1030 or in accordance with federal law;
1031 (3) purchase, as authorized or required by law, services that the department is
1032 responsible to provide for legally eligible persons;
1033 (4) conduct adjudicative proceedings for clients and providers in accordance with the
1034 procedures of Title 63G, Chapter 4, Administrative Procedures Act;
1035 (5) establish eligibility standards for the department's programs, not inconsistent with
1036 state or federal law or regulations;
1037 (6) take necessary steps, including legal action, to recover money or the monetary value
1038 of services provided to a recipient who was not eligible;
1039 (7) set and collect fees for the department's services;
1040 (8) license agencies, facilities, and programs, except as otherwise allowed, prohibited,
1041 or limited by law;
1042 (9) acquire, manage, and dispose of any real or personal property needed or owned by
1043 the department, not inconsistent with state law;
1044 (10) receive gifts, grants, devises, and donations; gifts, grants, devises, donations, or
1045 the proceeds thereof, may be credited to the program designated by the donor, and may be used
1046 for the purposes requested by the donor, as long as the request conforms to state and federal
1047 policy; all donated funds shall be considered private, nonlapsing funds and may be invested
1048 under guidelines established by the state treasurer;
1049 (11) accept and employ volunteer labor or services; the department is authorized to
1050 reimburse volunteers for necessary expenses, when the department considers that
1051 reimbursement to be appropriate;
1052 (12) carry out the responsibility assigned in the workforce services plan by the State
1053 Workforce Development Board;
1054 (13) carry out the responsibility assigned by [
1055 with respect to coordination of services for students with a disability;
1056 (14) provide training and educational opportunities for the department's staff;
1057 (15) collect child support payments and any other money due to the department;
1058 (16) apply the provisions of Title 78B, Chapter 12, Utah Child Support Act, to parents
1059 whose child lives out of the home in a department licensed or certified setting;
1060 (17) establish policy and procedures, within appropriations authorized by the
1061 Legislature, in cases where the Division of Child and Family Services or the [
1062
1063 minor by the juvenile court under Title 80, Utah Juvenile Code, or the department is ordered to
1064 prepare an attainment plan for a minor found not competent to proceed under Section
1065 80-6-403, including:
1066 (a) designation of interagency teams for each juvenile court district in the state;
1067 (b) delineation of assessment criteria and procedures;
1068 (c) minimum requirements, and timeframes, for the development and implementation
1069 of a collaborative service plan for each minor placed in department custody; and
1070 (d) provisions for submittal of the plan and periodic progress reports to the court;
1071 (18) carry out the responsibilities assigned to the department by statute;
1072 (19) examine and audit the expenditures of any public funds provided to a local
1073 substance abuse authority, a local mental health authority, a local area agency on aging, and any
1074 person, agency, or organization that contracts with or receives funds from those authorities or
1075 agencies. Those local authorities, area agencies, and any person or entity that contracts with or
1076 receives funds from those authorities or area agencies, shall provide the department with any
1077 information the department considers necessary. The department is further authorized to issue
1078 directives resulting from any examination or audit to a local authority, an area agency, and
1079 persons or entities that contract with or receive funds from those authorities with regard to any
1080 public funds. If the department determines that it is necessary to withhold funds from a local
1081 mental health authority or local substance abuse authority based on failure to comply with state
1082 or federal law, policy, or contract provisions, the department may take steps necessary to
1083 ensure continuity of services. For purposes of this Subsection (19) "public funds" means the
1084 same as that term is defined in Section [
1085 (20) in accordance with Subsection 26B-2-104(1)(d), accredit one or more agencies
1086 and persons to provide intercountry adoption services;
1087 (21) within legislative appropriations, promote and develop a system of care and
1088 stabilization services:
1089 (a) in compliance with Title 63G, Chapter 6a, Utah Procurement Code; and
1090 (b) that encompasses the department, department contractors, and the divisions,
1091 offices, or institutions within the department, to:
1092 (i) navigate services, funding resources, and relationships to the benefit of the children
1093 and families whom the department serves;
1094 (ii) centralize department operations, including procurement and contracting;
1095 (iii) develop policies that govern business operations and that facilitate a system of care
1096 approach to service delivery;
1097 (iv) allocate resources that may be used for the children and families served by the
1098 department or the divisions, offices, or institutions within the department, subject to the
1099 restrictions in Section 63J-1-206;
1100 (v) create performance-based measures for the provision of services; and
1101 (vi) centralize other business operations, including data matching and sharing among
1102 the department's divisions, offices, and institutions;
1103 (22) ensure that any training or certification required of a public official or public
1104 employee, as those terms are defined in Section 63G-22-102, complies with Title 63G, Chapter
1105 22, State Training and Certification Requirements, if the training or certification is required:
1106 (a) under this title;
1107 (b) by the department; or
1108 (c) by an agency or division within the department;
1109 (23) enter into cooperative agreements with the Department of Environmental Quality
1110 to delineate specific responsibilities to assure that assessment and management of risk to
1111 human health from the environment are properly administered;
1112 (24) consult with the Department of Environmental Quality and enter into cooperative
1113 agreements, as needed, to ensure efficient use of resources and effective response to potential
1114 health and safety threats from the environment, and to prevent gaps in protection from potential
1115 risks from the environment to specific individuals or population groups;
1116 (25) to the extent authorized under state law or required by federal law, promote and
1117 protect the health and wellness of the people within the state;
1118 (26) establish, maintain, and enforce rules authorized under state law or required by
1119 federal law to promote and protect the public health or to prevent disease and illness;
1120 (27) investigate the causes of epidemic, infectious, communicable, and other diseases
1121 affecting the public health;
1122 (28) provide for the detection and reporting of communicable, infectious, acute,
1123 chronic, or any other disease or health hazard which the department considers to be dangerous,
1124 important, or likely to affect the public health;
1125 (29) collect and report information on causes of injury, sickness, death, and disability
1126 and the risk factors that contribute to the causes of injury, sickness, death, and disability within
1127 the state;
1128 (30) collect, prepare, publish, and disseminate information to inform the public
1129 concerning the health and wellness of the population, specific hazards, and risks that may affect
1130 the health and wellness of the population and specific activities which may promote and protect
1131 the health and wellness of the population;
1132 (31) abate nuisances when necessary to eliminate sources of filth and infectious and
1133 communicable diseases affecting the public health;
1134 (32) make necessary sanitary and health investigations and inspections in cooperation
1135 with local health departments as to any matters affecting the public health;
1136 (33) establish laboratory services necessary to support public health programs and
1137 medical services in the state;
1138 (34) establish and enforce standards for laboratory services which are provided by any
1139 laboratory in the state when the purpose of the services is to protect the public health;
1140 (35) cooperate with the Labor Commission to conduct studies of occupational health
1141 hazards and occupational diseases arising in and out of employment in industry, and make
1142 recommendations for elimination or reduction of the hazards;
1143 (36) cooperate with the local health departments, the Department of Corrections, the
1144 Administrative Office of the Courts, the [
1145 Juvenile Justice and Youth Services, and the Crime Victim Reparations and Assistance Board
1146 to conduct testing for HIV infection of alleged sexual offenders, convicted sexual offenders,
1147 and any victims of a sexual offense;
1148 (37) investigate the causes of maternal and infant mortality;
1149 (38) establish, maintain, and enforce a procedure requiring the blood of adult
1150 pedestrians and drivers of motor vehicles killed in highway accidents be examined for the
1151 presence and concentration of alcohol, and provide the Commissioner of Public Safety with
1152 monthly statistics reflecting the results of these examinations, with necessary safeguards so that
1153 information derived from the examinations is not used for a purpose other than the compilation
1154 of these statistics;
1155 (39) establish qualifications for individuals permitted to draw blood under Subsection
1156 41-6a-523(1)(a)(vi), 53-10-405(2)(a)(vi), 72-10-502(5)(a)(vi), or 77-23-213(3)(a)(vi), and to
1157 issue permits to individuals the department finds qualified, which permits may be terminated or
1158 revoked by the department;
1159 (40) establish a uniform public health program throughout the state which includes
1160 continuous service, employment of qualified employees, and a basic program of disease
1161 control, vital and health statistics, sanitation, public health nursing, and other preventive health
1162 programs necessary or desirable for the protection of public health;
1163 (41) conduct health planning for the state;
1164 (42) monitor the costs of health care in the state and foster price competition in the
1165 health care delivery system;
1166 (43) establish methods or measures for health care providers, public health entities, and
1167 health care insurers to coordinate among themselves to verify the identity of the individuals the
1168 providers serve;
1169 (44) designate Alzheimer's disease and related dementia as a public health issue and,
1170 within budgetary limitations, implement a state plan for Alzheimer's disease and related
1171 dementia by incorporating the plan into the department's strategic planning and budgetary
1172 process;
1173 (45) coordinate with other state agencies and other organizations to implement the state
1174 plan for Alzheimer's disease and related dementia;
1175 (46) ensure that any training or certification required of a public official or public
1176 employee, as those terms are defined in Section 63G-22-102, complies with Title 63G, Chapter
1177 22, State Training and Certification Requirements, if the training or certification is required by
1178 the agency or under this [
1179
1180 (47) oversee public education vision screening as described in Section 53G-9-404; and
1181 (48) issue code blue alerts in accordance with Title 35A, Chapter 16, Part 7, Code Blue
1182 Alert.
1183 Section 11. Section 26B-1-204 (Superseded 07/01/24) is amended to read:
1184 26B-1-204 (Superseded 07/01/24). Creation of boards, divisions, and offices --
1185 Power to organize department.
1186 (1) The executive director shall make rules in accordance with Title 63G, Chapter 3,
1187 Utah Administrative Rulemaking Act, and not inconsistent with law for:
1188 (a) the administration and government of the department;
1189 (b) the conduct of the department's employees; and
1190 (c) the custody, use, and preservation of the records, papers, books, documents, and
1191 property of the department.
1192 (2) The following policymaking boards, councils, and committees are created within
1193 the Department of Health and Human Services:
1194 (a) Board of Aging and Adult Services;
1195 (b) Utah State Developmental Center Board;
1196 (c) Health Facility Committee;
1197 (d) State Emergency Medical Services Committee;
1198 (e) Air Ambulance Committee;
1199 (f) Health Data Committee;
1200 (g) Utah Health Care Workforce Financial Assistance Program Advisory Committee;
1201 (h) Child Care Provider Licensing Committee;
1202 (i) Primary Care Grant Committee;
1203 (j) Adult Autism Treatment Program Advisory Committee;
1204 (k) Youth Electronic Cigarette, Marijuana, and Other Drug Prevention Committee; and
1205 (l) any boards, councils, or committees that are created by statute in this title.
1206 (3) The following divisions are created within the Department of Health and Human
1207 Services:
1208 (a) relating to operations:
1209 (i) the Division of Finance and Administration;
1210 (ii) the Division of Licensing and Background Checks;
1211 (iii) the Division of Customer Experience;
1212 (iv) the Division of Data, Systems, and Evaluation; and
1213 (v) the Division of Continuous Quality and Improvement;
1214 (b) relating to healthcare administration:
1215 (i) the Division of Integrated Healthcare, which shall include responsibility for:
1216 (A) the state's medical assistance programs; and
1217 (B) behavioral health programs described in Chapter 5, Health Care - Substance Use
1218 and Mental Health;
1219 (ii) the Division of Aging and Adult Services; and
1220 (iii) the Division of Services for People with Disabilities; [
1221 (c) relating to community health and well-being:
1222 (i) the Division of Child and Family Services;
1223 (ii) the Division of Family Health;
1224 (iii) the Division of Population Health;
1225 (iv) the Division of Juvenile Justice and Youth Services; and
1226 (v) the Office of Recovery Services[
1227 (d) relating to clinical services, the Division of Health Access.
1228 (4) The executive director may establish offices [
1229 of the department as required by, and in accordance with this title.
1230 (5) From July 1, 2022, through June 30, 2023, the executive director may adjust the
1231 organizational structure relating to the department, including the organization of the
1232 department's divisions and offices, notwithstanding the organizational structure described in
1233 this title.
1234 Section 12. Section 26B-1-204 (Effective 07/01/24) is amended to read:
1235 26B-1-204 (Effective 07/01/24). Creation of boards, divisions, and offices -- Power
1236 to organize department.
1237 (1) The executive director shall make rules in accordance with Title 63G, Chapter 3,
1238 Utah Administrative Rulemaking Act, and not inconsistent with law for:
1239 (a) the administration and government of the department;
1240 (b) the conduct of the department's employees; and
1241 (c) the custody, use, and preservation of the records, papers, books, documents, and
1242 property of the department.
1243 (2) The following policymaking boards, councils, and committees are created within
1244 the Department of Health and Human Services:
1245 (a) Board of Aging and Adult Services;
1246 (b) Utah State Developmental Center Board;
1247 (c) Health Facility Committee;
1248 (d) Health Data Committee;
1249 (e) Utah Health Care Workforce Financial Assistance Program Advisory Committee;
1250 (f) Child Care Provider Licensing Committee;
1251 (g) Primary Care Grant Committee;
1252 (h) Adult Autism Treatment Program Advisory Committee;
1253 (i) Youth Electronic Cigarette, Marijuana, and Other Drug Prevention Committee; and
1254 (j) any boards, councils, or committees that are created by statute in this title.
1255 (3) The following divisions are created within the Department of Health and Human
1256 Services:
1257 (a) relating to operations:
1258 (i) the Division of Finance and Administration;
1259 (ii) the Division of Licensing and Background Checks;
1260 (iii) the Division of Customer Experience;
1261 (iv) the Division of Data, Systems, and Evaluation; and
1262 (v) the Division of Continuous Quality and Improvement;
1263 (b) relating to healthcare administration:
1264 (i) the Division of Integrated Healthcare, which shall include responsibility for:
1265 (A) the state's medical assistance programs; and
1266 (B) behavioral health programs described in Chapter 5, Health Care - Substance Use
1267 and Mental Health;
1268 (ii) the Division of Aging and Adult Services; and
1269 (iii) the Division of Services for People with Disabilities; [
1270 (c) relating to community health and well-being:
1271 (i) the Division of Child and Family Services;
1272 (ii) the Division of Family Health;
1273 (iii) the Division of Population Health;
1274 (iv) the Division of Juvenile Justice and Youth Services; and
1275 (v) the Office of Recovery Services[
1276 (d) relating to clinical services, the Division of Health Access.
1277 (4) The executive director may establish offices [
1278 of the department as required by, and in accordance with this title.
1279 (5) From July 1, 2022, through June 30, 2023, the executive director may adjust the
1280 organizational structure relating to the department, including the organization of the
1281 department's divisions and offices, notwithstanding the organizational structure described in
1282 this title.
1283 Section 13. Section 26B-1-207 is amended to read:
1284 26B-1-207. Policymaking responsibilities -- Regulations for local health
1285 departments prescribed by department -- Local standards not more stringent than
1286 federal or state standards -- Consultation with local health departments -- Committee to
1287 evaluate health policies and to review federal grants.
1288 (1) In establishing public health policy, the department shall consult with the local
1289 health departments established under Title 26A, Chapter 1, Local Health Departments.
1290 (2) (a) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
1291 the department may prescribe by administrative rule made in accordance with Title 63G,
1292 Chapter 3, Utah Administrative Rulemaking Act, reasonable requirements not inconsistent
1293 with law for a local health department as defined in Section 26A-1-102.
1294 (b) Except where specifically allowed by federal law or state statute, a local health
1295 department, as defined in Section 26A-1-102, may not establish standards or regulations that
1296 are more stringent than those established by federal law, state statute, or administrative rule
1297 adopted in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
1298 (c) Nothing in this Subsection (2), limits the ability of a local health department to
1299 make standards and regulations in accordance with Subsection 26A-1-121(1)(a) for:
1300 (i) emergency rules made in accordance with Section 63G-3-304; or
1301 (ii) items not regulated under federal law, state statute, or state administrative rule.
1302 (3) (a) As used in this Subsection (3):
1303 (i) "Committee" means the committee established under Subsection (3)(b).
1304 (ii) "Exempt application" means an application for a federal grant that meets the
1305 criteria established under Subsection [
1306 (iii) "Expedited application" means an application for a federal grant that meets the
1307 criteria established under Subsection [
1308 (iv) "Federal grant" means a grant from the federal government that could provide
1309 funds for local health departments to help them fulfill their duties and responsibilities.
1310 (v) "Reviewable application" means an application for a federal grant that is not an
1311 exempt application.
1312 (b) The department shall establish a committee consisting of:
1313 (i) the executive director, or the executive director's designee;
1314 (ii) two representatives of the department, appointed by the executive director; and
1315 (iii) three representatives of local health departments, appointed by all local health
1316 departments.
1317 (c) The committee shall:
1318 (i) evaluate the allocation of public health resources between the department and local
1319 health departments, including whether funds allocated by contract were allocated in accordance
1320 with the formula described in Section 26A-1-116;
1321 (ii) evaluate policies and rules that affect local health departments in accordance with
1322 Subsection (3)(g);
1323 (iii) consider department policy and rule changes proposed by the department or local
1324 health departments;
1325 (iv) establish criteria by which an application for a federal grant may be judged to
1326 determine whether it should be exempt from the requirements under Subsection (3)(d); and
1327 (v) establish criteria by which an application for a federal grant may be judged to
1328 determine whether committee review under Subsection (3)(d)(i) should be delayed until after
1329 the application is submitted because the application is required to be submitted under a
1330 timetable that makes committee review before it is submitted impracticable if the submission
1331 deadline is to be met.
1332 (d) (i) The committee shall review the goals and budget for each reviewable
1333 application:
1334 (A) before the application is submitted, except for an expedited application; and
1335 (B) for an expedited application, after the application is submitted but before funds
1336 from the federal grant for which the application was submitted are disbursed or encumbered.
1337 (ii) Funds from a federal grant under a reviewable application may not be disbursed or
1338 encumbered before the goals and budget for the federal grant are established by[
1339 two-thirds vote of the committee, following the committee review under Subsection (3)(d)(i)[
1340
1341 [
1342
1343
1344 (e) An exempt application is exempt from the requirements of Subsection (3)(d).
1345 (f) The department may use money from a federal grant to pay administrative costs
1346 incurred in implementing this Subsection (3).
1347 (g) When evaluating a policy or rule that affects a local health department, the
1348 committee shall determine:
1349 (i) whether the department has the authority to promulgate the policy or rule;
1350 (ii) an estimate of the cost a local health department will bear to comply with the policy
1351 or rule;
1352 (iii) whether there is any funding provided to a local health department to implement
1353 the policy or rule; and
1354 (iv) whether the policy or rule is still needed.
1355 (h) Before November 1 of each year, the department shall provide a report to the
1356 Administrative Rules Review and General Oversight Committee regarding the determinations
1357 made under Subsection (3)(g).
1358 Section 14. Section 26B-1-237 is amended to read:
1359 26B-1-237. Office of Internal Audit.
1360 The [
1361 (1) may not be placed within [
1362 (2) shall be placed directly under, and report directly to, the executive director of the
1363 Department of Health and Human Services; and
1364 (3) shall have full access to all records of the [
1365 Section 15. Section 26B-1-324 is amended to read:
1366 26B-1-324. Statewide Behavioral Health Crisis Response Account -- Creation --
1367 Administration -- Permitted uses -- Reporting.
1368 (1) There is created a restricted account within the General Fund known as the
1369 "Statewide Behavioral Health Crisis Response Account," consisting of:
1370 (a) money appropriated or otherwise made available by the Legislature; and
1371 (b) contributions of money, property, or equipment from federal agencies, political
1372 subdivisions of the state, or other persons.
1373 (2) (a) Subject to appropriations by the Legislature and any contributions to the account
1374 described in Subsection (1)(b), the division shall disburse funds in the account only for the
1375 purpose of support or implementation of services or enhancements of those services in order to
1376 rapidly, efficiently, and effectively deliver 988 services in the state.
1377 (b) Funds distributed from the account to county local mental health and substance
1378 abuse authorities for the provision of crisis services are not subject to the 20% county match
1379 described in Sections 17-43-201 and 17-43-301.
1380 (c) After consultation with the Behavioral Health Crisis Response Commission created
1381 in Section 63C-18-202, and local substance use authorities and local mental health authorities
1382 described in Sections 17-43-201 and 17-43-301, the division shall expend funds from the
1383 account on any of the following programs:
1384 (i) the Statewide Mental Health Crisis Line, as defined in Section 26B-5-610, including
1385 coordination with 911 emergency service, as defined in Section 69-2-102, and coordination
1386 with local substance abuse authorities as described in Section 17-43-201, and local mental
1387 health authorities, described in Section 17-43-301;
1388 (ii) mobile crisis outreach teams as defined in Section 26B-5-609, distributed in
1389 accordance with rules made by the division in accordance with Title 63G, Chapter 3, Utah
1390 Administrative Rulemaking Act;
1391 (iii) behavioral health receiving centers as defined in Section 26B-5-114;
1392 (iv) stabilization services as described in Section [
1393 (v) mental health crisis services, as defined in Section 26B-5-101, provided by local
1394 substance abuse authorities as described in Section 17-43-201 and local mental health
1395 authorities described in Section 17-43-301 to provide prolonged mental health services for up
1396 to 90 days after the day on which an individual experiences a mental health crisis as defined in
1397 Section 26B-5-101;
1398 (vi) crisis intervention training for first responders, as that term is defined in Section
1399 78B-4-501;
1400 (vii) crisis worker certification training for first responders, as that term is defined in
1401 Section 78B-4-501;
1402 (viii) frontline support for the SafeUT Crisis Line; or
1403 (ix) suicide prevention gatekeeper training for first responders, as that term is defined
1404 in Section 78B-4-501.
1405 (d) If the Legislature appropriates money to the account for a purpose described in
1406 Subsection (2)(c), the division shall use the appropriation for that purpose.
1407 (3) Subject to appropriations by the Legislature and any contributions to the account
1408 described in Subsection (1)(b), the division may expend funds in the account for administrative
1409 costs that the division incurs related to administering the account.
1410 (4) The division director shall submit and make available to the public a report before
1411 December of each year to the Behavioral Health Crisis Response Commission, as defined in
1412 Section 63C-18-202, the Social Services Appropriations Subcommittee, and the Legislative
1413 Management Committee that includes:
1414 (a) the amount of each disbursement from the account;
1415 (b) the recipient of each disbursement, the goods and services received, and a
1416 description of the project funded by the disbursement;
1417 (c) any conditions placed by the division on the disbursements from the account;
1418 (d) the anticipated expenditures from the account for the next fiscal year;
1419 (e) the amount of any unexpended funds carried forward;
1420 (f) the number of Statewide Mental Health Crisis Line calls received;
1421 (g) the progress towards accomplishing the goals of providing statewide mental health
1422 crisis service; and
1423 (h) other relevant justification for ongoing support from the account.
1424 (5) Notwithstanding Subsection (2)(c), allocations made to local substance use
1425 authorities and local mental health authorities for behavioral health receiving centers or mobile
1426 crisis outreach teams before the end of fiscal year 2023 shall be maintained through fiscal year
1427 2027, subject to appropriation.
1428 (6) (a) As used in this Subsection (6):
1429 (i) "Health benefit plan" means the same as that term is defined in Section 31A-1-301.
1430 (ii) "Mental health service provider" means a behavioral health receiving center or
1431 mobile crisis outreach team.
1432 (b) The department shall coordinate with each mental health service provider that
1433 receives state funds to determine which health benefit plans, if any, have not contracted or have
1434 refused to contract with the mental health service provider at usual and customary rates for the
1435 services provided by the mental health service provider.
1436 (c) In each year that the department identifies a health benefit plan that meets the
1437 description in Subsection (6)(b), the department shall provide a report on the information
1438 gathered under Subsection (6)(b) to the Health and Human Services Interim Committee at or
1439 before the committee's October meeting.
1440 Section 16. Section 26B-1-414 is amended to read:
1441 26B-1-414. Child Care Provider Licensing Committee -- Duties.
1442 (1) (a) The Child Care [
1443 12 members appointed by the governor with the advice and consent of the Senate in accordance
1444 with this Subsection (1).
1445 (b) The governor shall appoint three members who:
1446 (i) have at least five years of experience as an owner in or director of a for profit or
1447 not-for-profit center based child care as defined in Section 26B-2-401; and
1448 (ii) hold an active license as a child care center from the department to provide center
1449 based child care as defined in Section 26B-2-401.
1450 (c) The governor shall appoint two members who hold an active license as a residential
1451 child care provider and one member who is a certified residential child care provider.
1452 (d) (i) The governor shall appoint one member to represent each of the following:
1453 (A) a parent with a child in a licensed center based child care facility;
1454 (B) a parent with a child in a residential based child care facility;
1455 (C) a child development expert from the state system of higher education;
1456 (D) except as provided in Subsection (1)(f), a pediatrician licensed in the state;
1457 (E) a health care provider; and
1458 (F) an architect licensed in the state.
1459 (ii) Except as provided in Subsection (1)(d)(i)(C), a member appointed under
1460 Subsection (1)(d)(i) may not be an employee of the state or a political subdivision of the state.
1461 (e) At least one member described in Subsection (1)(b) shall at the time of appointment
1462 reside in a county that is not a county of the first class.
1463 (f) For the appointment described in Subsection (1)(d)(i)(D), the governor may appoint
1464 a health care professional who specializes in pediatric health if:
1465 (i) the health care professional is licensed under:
1466 (A) Title 58, Chapter 31b, Nurse Practice Act, as an advanced practice nurse
1467 practitioner; or
1468 (B) Title 58, Chapter 70a, Utah Physician Assistant Act; and
1469 (ii) before appointing a health care professional under this Subsection (1)(f), the
1470 governor:
1471 (A) sends a notice to a professional physician organization in the state regarding the
1472 opening for the appointment described in Subsection (1)(d)(i)(D); and
1473 (B) receives no applications from a pediatrician who is licensed in the state for the
1474 appointment described in Subsection (1)(d)(i)(D) within 90 days after the day on which the
1475 governor sends the notice described in Subsection (1)(f)(ii)(A).
1476 (2) (a) Except as required by Subsection (2)(b), as terms of current members expire, the
1477 governor shall appoint each new member or reappointed member to a four-year term ending
1478 June 30.
1479 (b) Notwithstanding the requirements of Subsection (2)(a), the governor shall, at the
1480 time of appointment or reappointment, adjust the length of terms to ensure that the terms of
1481 members are staggered so that approximately half of the licensing committee is appointed
1482 every two years.
1483 (c) Upon the expiration of the term of a member of the licensing committee, the
1484 member shall continue to hold office until a successor is appointed and qualified.
1485 (d) A member may not serve more than two consecutive terms.
1486 (e) Members of the licensing committee shall annually select one member to serve as
1487 chair who shall establish the agenda for licensing committee meetings.
1488 (3) When a vacancy occurs in the membership for any reason, the governor, with the
1489 advice and consent of the Senate, shall appoint a replacement for the unexpired term.
1490 (4) (a) The licensing committee shall meet at least every two months.
1491 (b) The director may call additional meetings:
1492 (i) at the director's discretion;
1493 (ii) upon the request of the chair; or
1494 (iii) upon the written request of three or more members.
1495 (5) Seven members of the licensing committee constitute a quorum for the transaction
1496 of business.
1497 (6) A member appointed under Subsection (1)(b) may not vote on any action proposed
1498 by the licensing committee regarding residential child care.
1499 (7) A member appointed under Subsection (1)(c) may not vote on any action proposed
1500 by the licensing committee regarding center based child care.
1501 (8) A member of the licensing committee may not receive compensation or benefits for
1502 the member's service, but may receive per diem and travel expenses as allowed in:
1503 (a) Section 63A-3-106;
1504 (b) Section 63A-3-107; and
1505 (c) rules made by the Division of Finance in accordance with Sections 63A-3-106 and
1506 63A-3-107.
1507 (9) The licensing committee shall:
1508 (a) in concurrence with the department and in accordance with Title 63G, Chapter 3,
1509 Utah Administrative Rulemaking Act, make rules that govern center based child care and
1510 residential child care, as those terms are defined in Section 26B-2-401, as necessary to protect
1511 qualifying children's common needs for a safe and healthy environment, to provide for:
1512 (i) adequate facilities and equipment; and
1513 (ii) competent caregivers considering the age of the children and the type of program
1514 offered by the licensee
1515 (b) in concurrence with the department and in accordance with Title 63G, Chapter 3,
1516 Utah Administrative Rulemaking Act, make rules necessary to carry out the purposes of
1517 Chapter 2, Part 4, Child Care Licensing, that govern center based child care and residential
1518 child care, as those terms are defined in Section 26B-2-401, in the following areas:
1519 (i) requirements for applications, the application process, and compliance with other
1520 applicable statutes and rules;
1521 (ii) documentation, policies, and procedures that providers shall have in place in order
1522 to be licensed, in accordance with this Subsection (9);
1523 (iii) categories, classifications, and duration of initial and ongoing licenses;
1524 (iv) changes of ownership or name, changes in licensure status, and changes in
1525 operational status;
1526 (v) license expiration and renewal, contents, and posting requirements;
1527 (vi) procedures for inspections, complaint resolution, disciplinary actions, and other
1528 procedural measures to encourage and ensure compliance with statute and rule; and
1529 (vii) guidelines necessary to ensure consistency and appropriateness in the regulation
1530 and discipline of licensees;
1531 (c) advise the department on the administration of a matter affecting center based child
1532 care or residential child care, as those terms are defined in Section 26B-2-401;
1533 (d) advise and assist the department in conducting center based child care provider
1534 seminars and residential child care seminars; and
1535 (e) perform other duties as provided in Section 26B-2-402.
1536 (10) (a) The licensing committee may not enforce the rules adopted under this section.
1537 (b) the department shall enforce the rules adopted under this section in accordance with
1538 Section 26B-2-402.
1539 Section 17. Section 26B-1-421 is amended to read:
1540 26B-1-421. Compassionate Use Board.
1541 (1) The definitions in Section 26B-4-201 apply to this section.
1542 (2) (a) The department shall establish a Compassionate Use Board consisting of:
1543 (i) seven qualified medical providers that the executive director appoints and the
1544 Senate confirms:
1545 (A) who are knowledgeable about the medicinal use of cannabis;
1546 (B) who are physicians licensed under Title 58, Chapter 67, Utah Medical Practice Act,
1547 or Title 58, Chapter 68, Utah Osteopathic Medical Practice Act; and
1548 (C) who are board certified by the American Board of Medical Specialties or an
1549 American Osteopathic Association Specialty Certifying Board in the specialty of neurology,
1550 pain medicine and pain management, medical oncology, psychiatry, infectious disease, internal
1551 medicine, pediatrics, family medicine, or gastroenterology; and
1552 (ii) as a nonvoting member and the chair of the Compassionate Use Board, the
1553 executive director or the director's designee.
1554 (b) In appointing the seven qualified medical providers described in Subsection (2)(a),
1555 the executive director shall ensure that at least two have a board certification in pediatrics.
1556 (3) (a) Of the members of the Compassionate Use Board that the executive director
1557 first appoints:
1558 (i) three shall serve an initial term of two years; and
1559 (ii) the remaining members shall serve an initial term of four years.
1560 (b) After an initial term described in Subsection (3)(a) expires:
1561 (i) each term is four years; and
1562 (ii) each board member is eligible for reappointment.
1563 (c) A member of the Compassionate Use Board may serve until a successor is
1564 appointed.
1565 (d) Four members constitute a quorum of the Compassionate Use Board.
1566 (4) A member of the Compassionate Use Board may receive:
1567 (a) notwithstanding Section 63A-3-106, compensation or benefits for the member's
1568 service; and
1569 (b) travel expenses in accordance with Section 63A-3-107 and rules made by the
1570 Division of Finance in accordance with Section 63A-3-107.
1571 (5) The Compassionate Use Board shall:
1572 (a) review and recommend for department approval a petition to the board regarding an
1573 individual described in Subsection 26B-4-213(2)(a), a minor described in Subsection
1574 26B-4-213(2)(c), or an individual who is not otherwise qualified to receive a medical cannabis
1575 card to obtain a medical cannabis card for compassionate use, for the standard or a reduced
1576 period of validity, if:
1577 (i) for an individual who is not otherwise qualified to receive a medical cannabis card,
1578 the individual's qualified medical provider is actively treating the individual for an intractable
1579 condition that:
1580 (A) substantially impairs the individual's quality of life; and
1581 (B) has not, in the qualified medical provider's professional opinion, adequately
1582 responded to conventional treatments;
1583 (ii) the qualified medical provider:
1584 (A) recommends that the individual or minor be allowed to use medical cannabis; and
1585 (B) provides a letter, relevant treatment history, and notes or copies of progress notes
1586 describing relevant treatment history including rationale for considering the use of medical
1587 cannabis; and
1588 (iii) the Compassionate Use Board determines that:
1589 (A) the recommendation of the individual's qualified medical provider is justified; and
1590 (B) based on available information, it may be in the best interests of the individual to
1591 allow the use of medical cannabis;
1592 (b) when a qualified medical provider recommends that an individual described in
1593 Subsection 26B-4-213(2)(a)(i)(B) or a minor described in Subsection 26B-4-213(2)(c) be
1594 allowed to use a medical cannabis device or medical cannabis product to vaporize a medical
1595 cannabis treatment, review and approve or deny the use of the medical cannabis device or
1596 medical cannabis product;
1597 (c) unless no petitions are pending:
1598 (i) meet to receive or review compassionate use petitions at least quarterly; and
1599 (ii) if there are more petitions than the board can receive or review during the board's
1600 regular schedule, as often as necessary;
1601 (d) except as provided in Subsection (6), complete a review of each petition and
1602 recommend to the department approval or denial of the applicant for qualification for a medical
1603 cannabis card within 90 days after the day on which the board received the petition;
1604 (e) consult with the department regarding the criteria described in Subsection (6); and
1605 (f) report, before November 1 of each year, to the Health and Human Services Interim
1606 Committee:
1607 (i) the number of compassionate use recommendations the board issued during the past
1608 year; and
1609 (ii) the types of conditions for which the board recommended compassionate use.
1610 (6) The department shall make rules, in consultation with the Compassionate Use
1611 Board and in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to
1612 establish a process and criteria for a petition to the board to automatically qualify for expedited
1613 final review and approval or denial by the department in cases where, in the determination of
1614 the department and the board:
1615 (a) time is of the essence;
1616 (b) engaging the full review process would be unreasonable in light of the petitioner's
1617 physical condition; and
1618 (c) sufficient factors are present regarding the petitioner's safety.
1619 (7) (a) (i) The department shall review:
1620 (A) any compassionate use for which the Compassionate Use Board recommends
1621 approval under Subsection (5)(d) to determine whether the board properly exercised the board's
1622 discretion under this section; and
1623 (B) any expedited petitions the department receives under the process described in
1624 Subsection (6).
1625 (ii) If the department determines that the Compassionate Use Board properly exercised
1626 the board's discretion in recommending approval under Subsection (5)(d) or that the expedited
1627 petition merits approval based on the criteria established in accordance with Subsection (6), the
1628 department shall:
1629 (A) issue the relevant medical cannabis card; and
1630 (B) provide for the renewal of the medical cannabis card in accordance with the
1631 recommendation of the qualified medical provider described in Subsection (5)(a).
1632 (b) [
1633 the individual seeking to obtain a medical cannabis card may petition the department to review
1634 the board's decision.
1635 [
1636
1637 [
1638
1639 [
1640
1641 (c) In reviewing the Compassionate Use Board's recommendation for approval or
1642 denial under Subsection (5)(d) in accordance with this Subsection (7), the department shall
1643 presume the board properly exercised the board's discretion unless the department determines
1644 that the board's recommendation was arbitrary or capricious.
1645 (8) Any individually identifiable health information contained in a petition that the
1646 Compassionate Use Board or department receives under this section is a protected record in
1647 accordance with Title 63G, Chapter 2, Government Records Access and Management Act.
1648 (9) The Compassionate Use Board shall annually report the board's activity to the
1649 Cannabis Research Review Board and the advisory board.
1650 Section 18. Section 26B-1-422.1 is amended to read:
1651 26B-1-422.1. Reports.
1652 (1) (a) On or before August 1 of each year, the [
1653 Advisory Council created in Section 26B-1-422 shall provide an annual report to the executive
1654 director, the executive director of the Department of Workforce Services, and the state
1655 superintendent.
1656 (b) The annual report shall include:
1657 (i) a statewide assessment concerning the availability of high-quality pre-kindergarten
1658 services for children from low-income households;
1659 (ii) a statewide strategic report addressing the activities mandated by the Improving
1660 Head Start for School Readiness Act of 2007, 42 U.S.C. Sec. 9837b, including:
1661 (A) identifying opportunities for and barriers to collaboration and coordination among
1662 federally-funded and state-funded child health and development, child care, and early
1663 childhood education programs and services, including collaboration and coordination among
1664 state agencies responsible for administering such programs;
1665 (B) evaluating the overall participation of children in existing federal, state, and local
1666 child care programs and early childhood health, development, family support, and education
1667 programs;
1668 (C) recommending statewide professional development and career advancement plans
1669 for early childhood educators and service providers in the state, including an analysis of the
1670 capacity and effectiveness of programs at two- and four-year public and private institutions of
1671 higher education that support the development of early childhood educators; and
1672 (D) recommending improvements to the state's early learning standards and
1673 high-quality comprehensive early learning standards; and
1674 (iii) the recommendations described in Subsection 26B-1-422(4)(e).
1675 (2) In addition to the annual report described in Subsection (1)(a), on or before August
1676 1, 2024, and at least every five years thereafter, the council shall provide to the executive
1677 director, the executive director of the Department of Workforce Services, and the state
1678 superintendent, a statewide needs assessment concerning the quality and availability of early
1679 childhood education, health, and development programs and services for children in early
1680 childhood.
1681 Section 19. Section 26B-1-435 is amended to read:
1682 26B-1-435. Medical Cannabis Policy Advisory Board creation - Membership.
1683 (1) There is created within the department the Medical Cannabis Policy Advisory
1684 Board.
1685 (2) (a) The advisory board shall consist of the following members:
1686 (i) appointed by the executive director:
1687 (A) a qualified medical provider who has at least 100 patients who have a medical
1688 cannabis patient card at the time of appointment;
1689 (B) a medical research professional;
1690 (C) a mental health specialist;
1691 (D) an individual who represents an organization that advocates for medical cannabis
1692 patients;
1693 (E) an individual who holds a medical cannabis patient card; and
1694 (F) a member of the general public who does not hold a medical cannabis card; and
1695 (ii) appointed by the commissioner of the Department of Agriculture and Food:
1696 (A) an individual who owns or operates a licensed cannabis cultivation facility, as
1697 defined in Section 4-41a-102;
1698 (B) an individual who owns or operates a licensed medical cannabis pharmacy; and
1699 (C) a law enforcement officer.
1700 (b) The commissioner of the Department of Agriculture and Food shall ensure that at
1701 least one individual appointed under Subsection (2)(a)(ii)(A) or (B) also owns or operates a
1702 licensed cannabis processing facility.
1703 (3) (a) Subject to Subsection (3)(b), a member of the advisory board shall serve for a
1704 four year term.
1705 (b) When appointing the initial membership of the advisory board, the executive
1706 director and the commissioner of the Department of Agriculture and Food shall coordinate to
1707 appoint four advisory board members to serve a term of two years to ensure that approximately
1708 half of the board is appointed every two years.
1709 (4) (a) If an advisory board member is no longer able to serve as a member, a new
1710 member shall be appointed in the same manner as the original appointment.
1711 (b) A member appointed in accordance with Subsection (4)(a) shall serve for the
1712 remainder of the unexpired term of the original appointment.
1713 (5) (a) A majority of the advisory board members constitutes a quorum.
1714 (b) The action of a majority of a quorum constitutes an action of the advisory board.
1715 (c) The advisory board shall annually designate one of the advisory board's members to
1716 serve as chair for a one-year period.
1717 (6) An advisory board member may not receive compensation or benefits for the
1718 member's service on the advisory board but may receive per diem and reimbursement for travel
1719 expenses incurred as an advisory board member in accordance with:
1720 (a) Sections 63A-3-106 and 63A-3-107; and
1721 (b) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
1722 63A-3-107.
1723 (7) The department shall:
1724 (a) provide staff support for the advisory board; and
1725 (b) assist the advisory board in conducting meetings.
1726 Section 20. Section 26B-1-435.1 is amended to read:
1727 26B-1-435.1. Medical Cannabis Policy Advisory Board duties.
1728 (1) The advisory board may recommend:
1729 (a) to the department or the Department of Agriculture and Food changes to current or
1730 proposed medical cannabis rules or statutes;
1731 (b) to the appropriate legislative committee whether the advisory board supports a
1732 change to medical cannabis statutes.
1733 (2) The advisory board shall:
1734 (a) review any draft rule that is authorized under [
1735 Cannabinoid Research and Medical Cannabis, or Title 4, Chapter 41a, Cannabis Production
1736 Establishments and Pharmacies;
1737 (b) consult with the Department of Agriculture and Food regarding the issuance of an
1738 additional:
1739 (i) cultivation facility license under Section 4-41a-205; or
1740 (ii) pharmacy license under Section 4-41a-1005;
1741 (c) consult with the department regarding cannabis patient education;
1742 (d) consult regarding the reasonableness of any fees set by the department or the Utah
1743 Department of Agriculture and Food that pertain to the medical cannabis program; and
1744 (e) consult regarding any issue pertaining to medical cannabis when asked by the
1745 department or the Utah Department of Agriculture and Food.
1746 Section 21. Section 26B-1-502 is amended to read:
1747 26B-1-502. Initial review.
1748 (1) Within seven days after the day on which the department knows that a qualified
1749 individual has died or is an individual described in Subsection 26B-1-501(7)(h), a person
1750 designated by the department shall:
1751 (a) (i) for a death, complete a deceased client report form, created by the department; or
1752 (ii) for an individual described in Subsection 26B-1-501(7)(h), complete a near fatality
1753 client report form, created by the department; and
1754 (b) forward the completed client report form to the director of the office or division
1755 that has jurisdiction over the region or facility.
1756 (2) The director of the office or division described in Subsection (1) shall, upon receipt
1757 of a near fatality client report form or a deceased client report form, immediately provide a
1758 copy of the form to:
1759 (a) the executive director; and
1760 (b) the fatality review coordinator or the fatality review coordinator's designee.
1761 (3) Within 10 days after the day on which the fatality review coordinator or the fatality
1762 review coordinator's designee receives a copy of the near fatality client report form or the
1763 deceased client report form, the fatality review coordinator or the fatality review coordinator's
1764 designee shall request a copy of all relevant department case records regarding the individual
1765 who is the subject of the client report form.
1766 (4) Each person who receives a request for a record described in Subsection (3) shall
1767 provide a copy of the record to the fatality review coordinator or the fatality review
1768 coordinator's designee, by a secure method, within seven days after the day on which the
1769 request is made.
1770 (5) Within 30 days after the day on which the fatality review coordinator or the fatality
1771 review coordinator's designee receives the case records requested under Subsection (3), the
1772 fatality review coordinator, or the fatality review coordinator's designee, shall:
1773 (a) review the client report form, the case files, and other relevant information received
1774 by the fatality review coordinator; and
1775 (b) make a recommendation to the director of the Division of Continuous Quality and
1776 Improvement regarding whether a formal review of the death or near fatality should be
1777 conducted.
1778 (6) (a) In accordance with Subsection (6)(b), within seven days after the day on which
1779 the fatality review coordinator or the fatality review coordinator's designee makes the
1780 recommendation described in Subsection (5)(b), the director of the Division of Continuous
1781 Quality and Improvement or the director's designee shall determine whether to order that a
1782 review of the death or near fatality be conducted.
1783 (b) The director of the Division of Continuous Quality and Improvement or the
1784 director's designee shall order that a formal review of the death or near fatality be conducted if:
1785 (i) at the time of the near fatality or the death, the qualified individual is:
1786 (A) an individual described in Subsection [
1787 unless:
1788 (I) the near fatality or the death is due to a natural cause; or
1789 (II) the director of the Division of Continuous Quality and Improvement or the
1790 director's designee determines that the near fatality or the death was not in any way related to
1791 services that were provided by, or under the direction of, the department or a division of the
1792 department; or
1793 (B) a child in foster care or substitute care, unless the near fatality or the death is due
1794 to:
1795 (I) a natural cause; or
1796 (II) an accident;
1797 (ii) it appears, based on the information provided to the director of the Division of
1798 Continuous Quality and Improvement or the director's designee, that:
1799 (A) a provision of law, rule, policy, or procedure relating to the qualified individual or
1800 the individual's family may not have been complied with;
1801 (B) the near fatality or the fatality was not responded to properly;
1802 (C) a law, rule, policy, or procedure may need to be changed; or
1803 (D) additional training is needed;
1804 (iii) (A) the death is caused by suicide; or
1805 (B) the near fatality is caused by attempted suicide; or
1806 (iv) the director of the Division of Continuous Quality and Improvement or the
1807 director's designee determines that another reason exists to order that a review of the near
1808 fatality or the death be conducted.
1809 Section 22. Section 26B-2-101 is amended to read:
1810 26B-2-101. Definitions.
1811 As used in this part:
1812 (1) "Adoption services" means the same as that term is defined in Section 80-2-801.
1813 (2) "Adult day care" means nonresidential care and supervision:
1814 (a) for three or more adults for at least four but less than 24 hours a day; and
1815 (b) that meets the needs of functionally impaired adults through a comprehensive
1816 program that provides a variety of health, social, recreational, and related support services in a
1817 protective setting.
1818 (3) "Applicant" means a person that applies for an initial license or a license renewal
1819 under this part.
1820 (4) (a) "Associated with the licensee" means that an individual is:
1821 (i) affiliated with a licensee as an owner, director, member of the governing body,
1822 employee, agent, provider of care, department contractor, or volunteer; or
1823 (ii) applying to become affiliated with a licensee in a capacity described in Subsection
1824 (4)(a)(i).
1825 (b) "Associated with the licensee" does not include:
1826 (i) service on the following bodies, unless that service includes direct access to a child
1827 or a vulnerable adult:
1828 (A) a local mental health authority described in Section 17-43-301;
1829 (B) a local substance abuse authority described in Section 17-43-201; or
1830 (C) a board of an organization operating under a contract to provide mental health or
1831 substance use programs, or services for the local mental health authority or substance abuse
1832 authority; or
1833 (ii) a guest or visitor whose access to a child or a vulnerable adult is directly supervised
1834 at all times.
1835 (5) (a) "Boarding school" means a private school that:
1836 (i) uses a regionally accredited education program;
1837 (ii) provides a residence to the school's students:
1838 (A) for the purpose of enabling the school's students to attend classes at the school; and
1839 (B) as an ancillary service to educating the students at the school;
1840 (iii) has the primary purpose of providing the school's students with an education, as
1841 defined in Subsection (5)(b)(i); and
1842 (iv) (A) does not provide the treatment or services described in Subsection [
1843 (39)(a); or
1844 (B) provides the treatment or services described in Subsection [
1845 limited basis, as described in Subsection (5)(b)(ii).
1846 (b) (i) For purposes of Subsection (5)(a)(iii), "education" means a course of study for
1847 one or more grades from kindergarten through grade 12.
1848 (ii) For purposes of Subsection (5)(a)(iv)(B), a private school provides the treatment or
1849 services described in Subsection [
1850 (A) the treatment or services described in Subsection [
1851 only as an incidental service to a student; and
1852 (B) the school does not:
1853 (I) specifically solicit a student for the purpose of providing the treatment or services
1854 described in Subsection [
1855 (II) have a primary purpose of providing the treatment or services described in
1856 Subsection [
1857 (c) "Boarding school" does not include a therapeutic school.
1858 (6) "Certification" means a less restrictive level of licensure issued by the department.
1859 [
1860 [
1861 any child, temporarily or permanently, for the purpose of:
1862 (a) finding a person to adopt the child;
1863 (b) placing the child in a home for adoption; or
1864 (c) foster home placement.
1865 [
1866 [
1867 licensee.
1868 [
1869 services to a child:
1870 (i) an outdoor youth program;
1871 (ii) a residential support program;
1872 (iii) a residential treatment program; or
1873 (iv) a therapeutic school.
1874 (b) "Congregate care program" does not include a human services program that:
1875 (i) is licensed to serve adults; and
1876 (ii) is approved by the office to service a child for a limited time.
1877 [
1878 (a) a client less than 24 hours a day; and
1879 (b) four or more persons who:
1880 (i) are unrelated to the owner or provider; and
1881 (ii) have emotional, psychological, developmental, physical, or behavioral
1882 dysfunctions, impairments, or chemical dependencies.
1883 [
1884 (a) provides services under a contract with the department; and
1885 (b) due to the contract with the department, has or will likely have direct access to a
1886 child or vulnerable adult.
1887 [
1888 (a) contact with or access to a child or vulnerable adult that provides the individual
1889 with an opportunity for personal communication or touch; or
1890 (b) an opportunity to view medical, financial, or other confidential personal identifying
1891 information of the child, the child's parents or legal guardians, or the vulnerable adult.
1892 [
1893 the uninterrupted visual and auditory surveillance of another individual who has a current
1894 background [
1895 [
1896 [
1897 77-36-1.
1898 [
1899 designed to provide psychological treatment and educational services to perpetrators and
1900 victims of domestic violence.
1901 [
1902 [
1903 for the full-time substitute care of a child.
1904 [
1905 31A-22-634.
1906 [
1907 78B-3-403.
1908 [
1909 31A-22-615.5.
1910 [
1911 (i) a foster home;
1912 (ii) a therapeutic school;
1913 (iii) a youth program;
1914 (iv) an outdoor youth program;
1915 (v) a residential treatment program;
1916 (vi) a residential support program;
1917 (vii) a resource family home;
1918 (viii) a recovery residence; or
1919 (ix) a facility or program that provides:
1920 (A) adult day care;
1921 (B) day treatment;
1922 (C) outpatient treatment;
1923 (D) domestic violence treatment;
1924 (E) child-placing services;
1925 (F) social detoxification; or
1926 (G) any other human services that are required by contract with the department to be
1927 licensed with the department.
1928 (b) "Human services program" does not include:
1929 (i) a boarding school; or
1930 (ii) a residential, vocational and life skills program, as defined in Section 13-53-102.
1931 [
1932 1903.
1933 [
1934 1151.
1935 [
1936 1903.
1937 [
1938 treatment or care for an individual who:
1939 (a) cannot live independently or in a less restrictive environment; and
1940 (b) requires, without the individual's consent or control, the use of locked doors to care
1941 for the individual.
1942 [
1943 the office.
1944 [
1945 [
1946 [
1947 [
1948 (a) services to a child that has:
1949 (i) a chemical dependency; or
1950 (ii) a dysfunction or impairment that is emotional, psychological, developmental,
1951 physical, or behavioral;
1952 (b) a 24-hour outdoor group living environment; and
1953 (c) (i) regular therapy, including group, individual, or supportive family therapy; or
1954 (ii) informal therapy or similar services, including wilderness therapy, adventure
1955 therapy, or outdoor behavioral healthcare.
1956 [
1957 counseling designed to improve and enhance social or psychological functioning for those
1958 whose physical and emotional status allows them to continue functioning in their usual living
1959 environment.
1960 [
1961 providers legally organized as a partnership, professional corporation, or similar association,
1962 for which:
1963 (a) substantially all of the services of the health care providers who are members of the
1964 group are provided through the group and are billed in the name of the group and amounts
1965 received are treated as receipts of the group; and
1966 (b) the overhead expenses of and the income from the practice are distributed in
1967 accordance with methods previously determined by members of the group.
1968 [
1969 into a contract with a congregate care program for the child to receive services.
1970 [
1971 least two of the following requirements:
1972 (i) provides a supervised living environment for individuals recovering from a
1973 substance use disorder;
1974 (ii) provides a living environment in which more than half of the individuals in the
1975 residence are recovering from a substance use disorder;
1976 (iii) provides or arranges for residents to receive services related to the resident's
1977 recovery from a substance use disorder, either on or off site;
1978 (iv) is held out as a living environment in which individuals recovering from substance
1979 abuse disorders live together to encourage continued sobriety; or
1980 (v) (A) receives public funding; or
1981 (B) is run as a business venture, either for-profit or not-for-profit.
1982 (b) "Recovery residence" does not mean:
1983 (i) a residential treatment program;
1984 (ii) residential support program; or
1985 (iii) a home, residence, or facility, in which:
1986 (A) residents, by a majority vote of the residents, establish, implement, and enforce
1987 policies governing the living environment, including the manner in which applications for
1988 residence are approved and the manner in which residents are expelled;
1989 (B) residents equitably share rent and housing-related expenses; and
1990 (C) a landlord, owner, or operator does not receive compensation, other than fair
1991 market rental income, for establishing, implementing, or enforcing policies governing the
1992 living environment.
1993 [
1994 (a) the hours during which services of any kind are provided to a client; or
1995 (b) the hours during which a client is present at the facility of a licensee.
1996 [
1997 provides the necessities of life as a protective service to individuals or families who have a
1998 disability or who are experiencing a dislocation or emergency that prevents them from
1999 providing these services for themselves or their families.
2000 (b) "Residential support program" includes a program that provides a supervised living
2001 environment for individuals with dysfunctions or impairments that are:
2002 (i) emotional;
2003 (ii) psychological;
2004 (iii) developmental; or
2005 (iv) behavioral.
2006 (c) Treatment is not a necessary component of a residential support program.
2007 (d) "Residential support program" does not include:
2008 (i) a recovery residence; or
2009 (ii) a program that provides residential services that are performed:
2010 (A) exclusively under contract with the department and provided to individuals through
2011 the Division of Services for People with Disabilities; or
2012 (B) in a facility that serves fewer than four individuals.
2013 [
2014 four or more individuals unrelated to the owner or provider that offers room or board and
2015 specialized treatment, behavior modification, rehabilitation, discipline, emotional growth, or
2016 habilitation services for persons with emotional, psychological, developmental, or behavioral
2017 dysfunctions, impairments, or chemical dependencies.
2018 (b) "Residential treatment" does not include a:
2019 (i) boarding school;
2020 (ii) foster home; or
2021 (iii) recovery residence.
2022 [
2023 (a) residential treatment; or
2024 (b) intermediate secure treatment.
2025 [
2026 or an area:
2027 (a) away from the individual's peers; and
2028 (b) in a manner that physically prevents the individual from leaving the room or area.
2029 [
2030 who are experiencing or have recently experienced drug or alcohol intoxication, that are
2031 provided outside of a health care facility licensed under Part 2, Health Care Facility Licensing
2032 and Inspection, and that include:
2033 (a) room and board for persons who are unrelated to the owner or manager of the
2034 facility;
2035 (b) specialized rehabilitation to acquire sobriety; and
2036 (c) aftercare services.
2037 [
2038 "substance use disorder" is defined in Section 26B-5-501.
2039 [
2040 program" means a program:
2041 (a) designed to provide:
2042 (i) specialized drug or alcohol treatment;
2043 (ii) rehabilitation; or
2044 (iii) habilitation services; and
2045 (b) that provides the treatment or services described in Subsection [
2046 persons with:
2047 (i) a diagnosed substance use disorder; or
2048 (ii) chemical dependency disorder.
2049 [
2050 (a) for four or more individuals that are not related to:
2051 (i) the owner of the facility; or
2052 (ii) the primary service provider of the facility;
2053 (b) that serves students who have a history of failing to function:
2054 (i) at home;
2055 (ii) in a public school; or
2056 (iii) in a nonresidential private school; and
2057 (c) that offers:
2058 (i) room and board; and
2059 (ii) an academic education integrated with:
2060 (A) specialized structure and supervision; or
2061 (B) services or treatment related to:
2062 (I) a disability;
2063 (II) emotional development;
2064 (III) behavioral development;
2065 (IV) familial development; or
2066 (V) social development.
2067 [
2068 grandparents, brothers, sisters, uncles, or aunts.
2069 [
2070 permanent mental or physical impairment that substantially affects the person's ability to:
2071 (a) provide personal protection;
2072 (b) provide necessities such as food, shelter, clothing, or mental or other health care;
2073 (c) obtain services necessary for health, safety, or welfare;
2074 (d) carry out the activities of daily living;
2075 (e) manage the adult's own resources; or
2076 (f) comprehend the nature and consequences of remaining in a situation of abuse,
2077 neglect, or exploitation.
2078 [
2079 substance use, or mental health services to minors that:
2080 (i) serves adjudicated or nonadjudicated youth;
2081 (ii) charges a fee for the program's services;
2082 (iii) may provide host homes or other arrangements for overnight accommodation of
2083 the youth;
2084 (iv) may provide all or part of the program's services in the outdoors;
2085 (v) may limit or censor access to parents or guardians; and
2086 (vi) prohibits or restricts a minor's ability to leave the program at any time of the
2087 minor's own free will.
2088 (b) "Youth program" does not include recreational programs such as Boy Scouts, Girl
2089 Scouts, 4-H, and other such organizations.
2090 [
2091 child for payment to or from a congregate care program in Utah.
2092 (b) "Youth transportation company" does not include:
2093 (i) a relative of the child;
2094 (ii) a state agency; or
2095 (iii) a congregate care program's employee who transports the child from the
2096 congregate care program that employs the employee and returns the child to the same
2097 congregate care program.
2098 Section 23. Section 26B-2-103 is amended to read:
2099 26B-2-103. Division of Licensing and Background Checks.
2100 (1) There is created the [
2101 Checks within the department.
2102 (2) The [
2103 the department, and is vested with all the powers, duties, and responsibilities described in:
2104 (a) this part;
2105 (b) Part 2, Health Care Facility Licensing and Inspection; [
2106 (c) Part 4, Child Care Licensing; and
2107 [
2108 (3) The executive director shall appoint the director of the [
2109 (4) There are created within the division the Office of Licensing and the Office of
2110 Background Processing.
2111 [
2112
2113
2114 Section 24. Section 26B-2-104 is amended to read:
2115 26B-2-104. Division responsibilities.
2116 (1) Subject to the requirements of federal and state law, the office shall:
2117 (a) make rules in accordance with Title 63G, Chapter 3, Utah Administrative
2118 Rulemaking Act, to establish:
2119 (i) except as provided in Subsection (1)(a)(ii), basic health and safety standards for
2120 licensees, that shall be limited to:
2121 (A) fire safety;
2122 (B) food safety;
2123 (C) sanitation;
2124 (D) infectious disease control;
2125 (E) safety of the:
2126 (I) physical facility and grounds; and
2127 (II) area and community surrounding the physical facility;
2128 (F) transportation safety;
2129 (G) emergency preparedness and response;
2130 (H) the administration of medical standards and procedures, consistent with the related
2131 provisions of this title;
2132 (I) staff and client safety and protection;
2133 (J) the administration and maintenance of client and service records;
2134 (K) staff qualifications and training, including standards for permitting experience to
2135 be substituted for education, unless prohibited by law;
2136 (L) staff to client ratios;
2137 (M) access to firearms; and
2138 (N) the prevention of abuse, neglect, exploitation, harm, mistreatment, or fraud;
2139 (ii) basic health and safety standards for therapeutic schools, that shall be limited to:
2140 (A) fire safety, except that the standards are limited to those required by law or rule
2141 under Title 53, Chapter 7, Part 2, Fire Prevention and Fireworks Act;
2142 (B) food safety;
2143 (C) sanitation;
2144 (D) infectious disease control, except that the standards are limited to:
2145 (I) those required by law or rule under this title, or Title 26A, Local Health Authorities;
2146 and
2147 (II) requiring a separate room for clients who are sick;
2148 (E) safety of the physical facility and grounds, except that the standards are limited to
2149 those required by law or rule under Title 53, Chapter 7, Part 2, Fire Prevention and Fireworks
2150 Act;
2151 (F) transportation safety;
2152 (G) emergency preparedness and response;
2153 (H) access to appropriate medical care, including:
2154 (I) subject to the requirements of law, designation of a person who is authorized to
2155 dispense medication; and
2156 (II) storing, tracking, and securing medication;
2157 (I) staff and client safety and protection that permits the school to provide for the direct
2158 supervision of clients at all times;
2159 (J) the administration and maintenance of client and service records;
2160 (K) staff qualifications and training, including standards for permitting experience to
2161 be substituted for education, unless prohibited by law;
2162 (L) staff to client ratios;
2163 (M) access to firearms; and
2164 (N) the prevention of abuse, neglect, exploitation, harm, mistreatment, or fraud;
2165 (iii) procedures and standards for permitting a licensee to:
2166 (A) provide in the same facility and under the same conditions as children, residential
2167 treatment services to a person 18 years old or older who:
2168 (I) begins to reside at the licensee's residential treatment facility before the person's
2169 18th birthday;
2170 (II) has resided at the licensee's residential treatment facility continuously since the
2171 time described in Subsection (1)(a)(iii)(A)(I);
2172 (III) has not completed the course of treatment for which the person began residing at
2173 the licensee's residential treatment facility; and
2174 (IV) voluntarily consents to complete the course of treatment described in Subsection
2175 (1)(a)(iii)(A)(III); or
2176 (B) (I) provide residential treatment services to a child who is:
2177 (Aa) at least 12 years old or, as approved by the office, younger than 12 years old; and
2178 (Bb) under the custody of the department, or one of its divisions; and
2179 (II) provide, in the same facility as a child described in Subsection (1)(a)(iii)(B)(I),
2180 residential treatment services to a person who is:
2181 (Aa) at least 18 years old, but younger than 21 years old; and
2182 (Bb) under the custody of the department, or one of its divisions;
2183 (iv) minimum administration and financial requirements for licensees;
2184 (v) guidelines for variances from rules established under this Subsection (1);
2185 (vi) ethical standards, as described in Subsection 78B-6-106(3), and minimum
2186 responsibilities of a child-placing agency that provides adoption services and that is licensed
2187 under this part;
2188 (vii) what constitutes an "outpatient treatment program" for purposes of this part;
2189 (viii) a procedure requiring a licensee to provide an insurer the licensee's records
2190 related to any services or supplies billed to the insurer, and a procedure allowing the licensee
2191 and the insurer to contact the Insurance Department to resolve any disputes;
2192 (ix) a protocol for the office to investigate and process complaints about licensees;
2193 (x) a procedure for a licensee to:
2194 (A) report the use of a restraint or seclusion within one business day after the day on
2195 which the use of the restraint or seclusion occurs; and
2196 (B) report a critical incident within one business day after the day on which the
2197 incident occurs;
2198 (xi) guidelines for the policies and procedures described in Sections 26B-2-109 and
2199 26B-2-123;
2200 (xii) a procedure for the office to review and approve the policies and procedures
2201 described in Sections 26B-2-109 and 26B-2-123; and
2202 (xiii) a requirement that each human services program publicly post information that
2203 informs an individual how to submit a complaint about a human services program to the office;
2204 (b) enforce rules relating to the office;
2205 (c) issue licenses in accordance with this part;
2206 (d) if the United States Department of State executes an agreement with the office that
2207 designates the office to act as an accrediting entity in accordance with the Intercountry
2208 Adoption Act of 2000, Pub. L. No. 106-279, accredit one or more agencies and persons to
2209 provide intercountry adoption services pursuant to:
2210 (i) the Intercountry Adoption Act of 2000, Pub. L. No. 106-279; and
2211 (ii) the implementing regulations for the Intercountry Adoption Act of 2000, Pub. L.
2212 No. 106-279;
2213 (e) make rules to implement the provisions of Subsection (1)(d);
2214 (f) conduct surveys and inspections of licensees and facilities in accordance with
2215 Section 26B-2-107;
2216 (g) collect licensure fees;
2217 (h) notify licensees of the name of a person within the department to contact when
2218 filing a complaint;
2219 (i) investigate complaints regarding any licensee or human services program;
2220 (j) have access to all records, correspondence, and financial data required to be
2221 maintained by a licensee;
2222 (k) have authority to interview any client, family member of a client, employee, or
2223 officer of a licensee;
2224 (l) have authority to deny, condition, revoke, suspend, or extend any license issued by
2225 the department under this part by following the procedures and requirements of Title 63G,
2226 Chapter 4, Administrative Procedures Act;
2227 (m) electronically post notices of agency action issued to a human services program,
2228 with the exception of a foster home, on the office's website, in accordance with Title 63G,
2229 Chapter 2, Government Records Access and Management Act; and
2230 (n) upon receiving a local government's request under Section 26B-2-118, notify the
2231 local government of new human services program license applications, except for foster
2232 homes, for human services programs located within the local government's jurisdiction.
2233 (2) In establishing rules under Subsection (1)(a)(ii)(G), the office shall require a
2234 licensee to establish and comply with an emergency response plan that requires clients and staff
2235 to:
2236 (a) immediately report to law enforcement any significant criminal activity, as defined
2237 by rule, committed:
2238 (i) on the premises where the licensee operates its human services program;
2239 (ii) by or against its clients; or
2240 (iii) by or against a staff member while the staff member is on duty;
2241 (b) immediately report to emergency medical services any medical emergency, as
2242 defined by rule:
2243 (i) on the premises where the licensee operates its human services program;
2244 (ii) involving its clients; or
2245 (iii) involving a staff member while the staff member is on duty; and
2246 (c) immediately report other emergencies that occur on the premises where the licensee
2247 operates its human services program to the appropriate emergency services agency.
2248 Section 25. Section 26B-2-120 is amended to read:
2249 26B-2-120. Background check -- Direct access to children or vulnerable adults.
2250 (1) As used in this section:
2251 (a) (i) "Applicant" means[
2252 associated with a certification, contract, or licensee with the department under this part and has
2253 direct access, including:
2254 (A) [
2255
2256 including an applicant for an adoption in accordance with Section 78B-6-128;
2257 (B) [
2258
2259 (C) an individual who provides respite care to a foster parent or an adoptive parent on
2260 more than one occasion;
2261 [
2262 [
2263 [
2264 26B-5-610;
2265 (F) an individual who provides peer support, has a disability or a family member with a
2266 disability; or is in recovery from a mental illness or a substance use disorder;
2267 (G) an individual who has lived experience with the services provided by the
2268 department, and uses that lived experience to provide support, guidance, or services to promote
2269 resiliency and recovery;
2270 (H) an individual who is identified as a mental health professional, licensed under Title
2271 58, Chapter 60, Mental Health Professional Practice Act, and engaged in the practice of mental
2272 health therapy, as defined in Section 58-60-102;
2273 (I) [
2274
2275 child or vulnerable adult receiving the service, who is 12 years old or older and resides in a
2276 home, that is licensed or certified by the [
2277 [
2278
2279
2280 (J) an individual who is 12 years old or older and is associated with a certification,
2281 contract, or licensee with the department under this part and has or will likely have direct
2282 access.
2283 (ii) "Applicant" does not include:
2284 (A) an individual who is in the custody of the Division of Child and Family Services or
2285 the [
2286 [
2287 (B) an individual who applies for employment with, or is employed by, the Department
2288 of Health and Human Services[
2289 (C) a parent of a person receiving services from the Division of Services for People
2290 with Disabilities, if the parent provides direct care to and resides with the person, including if
2291 the parent provides direct care to and resides with the person pursuant to a court order; or
2292 (D) an individual or a department contractor who provides services in an adults only
2293 substance use disorder program, as defined by rule adopted by the Department of Health and
2294 Human Services in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking
2295 Act, and who is not a program director or a member, as defined by Section 26B-2-105, of the
2296 program.
2297 (b) "Application" means a background [
2298 (c) "Bureau" means the Bureau of Criminal Identification within the Department of
2299 Public Safety, created in Section 53-10-201.
2300 [
2301
2302 [
2303 (i) an arrest [
2304 (ii) a warrant for [
2305 [
2306 [
2307 [
2308 (i) contact with or access to a child or vulnerable adult by which the individual will
2309 have the opportunity for personal communication or touch with the child or vulnerable adult; or
2310 (ii) an opportunity to view medical, financial, or other confidential personal identifying
2311 information of the child, the child's parent or legal guardian, or the vulnerable adult.
2312 (f) (i) "Direct access qualified" means that the applicant has an eligible determination
2313 by the office within the license and renewal time period; and
2314 (ii) no more than 180 days have passed since the date on which the applicant's
2315 association with a certification, contract, or licensee with the department ends.
2316 (g) "Incidental care" means occasional care, not in excess of five hours per week and
2317 never overnight, for a foster child.
2318 (h) "Licensee" means an individual or a human services program licensed by the
2319 division.
2320 [
2321 [
2322
2323 [
2324 [
2325 (i) the Division of Child and Family Services' Management Information System
2326 described in Section 80-2-1001;
2327 (ii) the Division of Child and Family Services' Licensing Information System described
2328 in Section 80-2-1002;
2329 (iii) the Division of Aging and Adult Services' vulnerable adult abuse, neglect, or
2330 exploitation database described in Section 26B-6-210;
2331 (iv) juvenile court arrest, adjudication, and disposition records;
2332 [
2333 and Kidnap Offender Registry, or a national sex offender registry; or
2334 [
2335 (j) "Office" means the Office of Background Processing within the department.
2336 [
2337 [
2338
2339 [
2340
2341 [
2342 [
2343 [
2344 (i) current name, former names, nicknames, and aliases;
2345 (ii) date of birth;
2346 (iii) physical address and email address;
2347 (iv) telephone number;
2348 (v) driver license or other government-issued identification;
2349 (vi) social security number;
2350 (vii) only for applicants who are 18 years old or older, fingerprints, in a form specified
2351 by the office; and
2352 (viii) other information specified by the office by rule made in accordance with Title
2353 63G, Chapter 3, Utah Administrative Rulemaking Act.
2354 [
2355
2356 (2) Except as provided in Subsection (12), an applicant or a representative shall submit
2357 the following to the office:
2358 (a) personal identifying information;
2359 (b) a fee established by the office under Section 63J-1-504; [
2360 (c) a disclosure form, specified by the office, for consent for:
2361 (i) an initial background check upon [
2362
2363 (ii) ongoing monitoring of fingerprints and registries until no longer [
2364
2365 for 180 days;
2366 (iii) a background check when the office determines that reasonable cause exists; and
2367 (iv) retention of personal identifying information, including fingerprints, for
2368 monitoring and notification as described in Subsections [
2369 (d) if an applicant resided outside of the United States and its territories during the five
2370 years immediately preceding the day on which the information described in Subsections (2)(a)
2371 through (c) is submitted to the office, documentation establishing whether the applicant was
2372 convicted of a crime during the time that the applicant resided outside of the United States or
2373 its territories[
2374 (e) an application showing an applicant's association with a certification, contract, or a
2375 licensee with the department, for the purpose of the office tracking the direct access qualified
2376 status of the applicant, which expires 180 days after the date on which the applicant is no
2377 longer associated with a certification, contract, or a licensee with the department.
2378 (3) The office:
2379 (a) shall perform the following duties as part of a background check of an applicant
2380 before the office grants or denies direct access qualified status to an applicant:
2381 (i) check state and regional criminal background databases for the applicant's criminal
2382 history by:
2383 (A) submitting personal identifying information to the bureau for a search; or
2384 (B) using the applicant's personal identifying information to search state and regional
2385 criminal background databases as authorized under Section 53-10-108;
2386 (ii) submit the applicant's personal identifying information and fingerprints to the
2387 bureau for a criminal history search of applicable national criminal background databases;
2388 (iii) search the Division of Child and Family Services' Licensing Information System
2389 described in Section 80-2-1002;
2390 (iv) search the Sex and Kidnap Offender Registry described in Title 77, Chapter 41,
2391 Sex and Kidnap Offender Registry, or a national sex offender registry for an applicant 18 years
2392 old or older;
2393 [
2394 prospective foster or adoptive parent, search the Division of Child and Family Services'
2395 Management Information System described in Section 80-2-1001 [
2396 [
2397 [
2398 [
2399
2400 (vi) search the Division of Aging and Adult Services' vulnerable adult abuse, neglect,
2401 or exploitation database described in Section 26B-6-210;
2402 (vii) search the juvenile court records for substantiated findings of severe child abuse
2403 or neglect described in Section 80-3-404; and
2404 (viii) search the juvenile court arrest, adjudication, and disposition records, as provided
2405 under Section 78A-6-209;
2406 [
2407
2408 [
2409 connection with determining whether an applicant is direct access qualified, as provided by
2410 rule, made by the office in accordance with Title 63G, Chapter 3, Utah Administrative
2411 Rulemaking Act:
2412 (i) for an annual renewal; or
2413 (ii) when the office determines that reasonable cause exists;
2414 [
2415 fingerprints, to the bureau for checking, retaining, and monitoring of state and national criminal
2416 background databases and for notifying the office of new criminal activity associated with the
2417 applicant;
2418 [
2419 applicant is not required to duplicate the submission of the applicant's fingerprints if the
2420 applicant [
2421 the department;
2422 [
2423 [
2424
2425 [
2426
2427 [
2428
2429
2430 when a direct access qualified individual has not been associated with a certification, contract,
2431 or licensee with the department for a period of 180 days;
2432 [
2433 solely to the individuals responsible for processing and entering the applications for
2434 background checks and to protect the security of the personal identifying information the office
2435 reviews under this Subsection (3);
2436 [
2437 abuse and neglect registry regarding any [
2438 program, shall:
2439 (i) search the Division of Child and Family Services' Licensing Information System
2440 described in Section 80-2-1002; and
2441 (ii) require the child abuse and neglect registry be checked in each state where an
2442 applicant resided at any time during the five years immediately preceding the day on which the
2443 [
2444 office; and
2445 [
2446 Administrative Rulemaking Act, to implement the provisions of this Subsection (3) relating to
2447 background checks.
2448 (4) (a) With the personal identifying information the office submits to the bureau under
2449 Subsection (3), the bureau shall check against state and regional criminal background databases
2450 for the applicant's criminal history.
2451 (b) With the personal identifying information and fingerprints the office submits to the
2452 bureau under Subsection (3), the bureau shall check against national criminal background
2453 databases for the applicant's criminal history.
2454 (c) Upon direction from the office, and with the personal identifying information and
2455 fingerprints the office submits to the bureau under Subsection [
2456 (i) maintain a separate file of the fingerprints for search by future submissions to the
2457 local and regional criminal records databases, including latent prints; and
2458 (ii) monitor state and regional criminal background databases and identify criminal
2459 activity associated with the applicant.
2460 (d) The bureau is authorized to submit the fingerprints to the Federal Bureau of
2461 Investigation Next Generation Identification System, to be retained in the Federal Bureau of
2462 Investigation Next Generation Identification System for the purpose of:
2463 (i) being searched by future submissions to the national criminal records databases,
2464 including the Federal Bureau of Investigation Next Generation Identification System and latent
2465 prints; and
2466 (ii) monitoring national criminal background databases and identifying criminal
2467 activity associated with the applicant.
2468 (e) The Bureau shall notify and release to the office all information of criminal activity
2469 associated with the applicant.
2470 (f) Upon notice that [
2471
2472 associated with a certification, contract, or licensee with the department, the bureau shall:
2473 (i) discard and destroy any retained fingerprints; and
2474 (ii) notify the Federal Bureau of Investigation when the license has expired or an
2475 individual's direct access to a child or a vulnerable adult has ceased, so that the Federal Bureau
2476 of Investigation will discard and destroy the retained fingerprints from the Federal Bureau of
2477 Investigation Next Generation Identification System.
2478 (5) (a) Except as provided in Subsection (5)(b), [
2479
2480
2481
2482 qualified status to an applicant who, within three years from the date on which the office
2483 conducts the background check, was convicted of:
2484 (i) a felony or misdemeanor involving conduct that constitutes any of the following:
2485 (A) an offense identified as domestic violence, lewdness, voyeurism, battery, cruelty to
2486 animals, or bestiality;
2487 (B) a violation of any pornography law, including sexual exploitation of a minor or
2488 aggravated sexual exploitation of a minor;
2489 (C) sexual solicitation or prostitution;
2490 [
2491
2492
2493 (D) a violent offense committed in the presence of a child, as described in Section
2494 76-3-203.10;
2495 (E) an offense included in Title 76, Chapter 4, Part 4, Enticement of a Minor;
2496 (F) an offense included in Title 76, Chapter 5, Offenses Against the Individual;
2497 (G) an offense included in Title 76, Chapter 5b, Sexual Exploitation Act;
2498 (H) an offense included in Title 76, Chapter 7, Offenses Against the Family;
2499 (I) an offense included in Title 76, Chapter 9, Part 4, Offenses Against Privacy;
2500 (J) an offense included in Title 76, Chapter 10, Part 4, Weapons of Mass Destruction;
2501 (K) an offense included in Title 78B, Chapter 7, Protective Orders and Stalking
2502 Injunctions;
2503 [
2504 [
2505 (N) aggravated exploitation of prostitution, as described in Section 76-10-1306;
2506 [
2507 (P) endangering persons in a human services program, as described in Section
2508 26B-2-113;
2509 (Q) failure to report, as described in Section 80-2-609;
2510 [
2511 (S) leaving a child unattended in a motor vehicle, as described in Section 76-10-2202;
2512 (T) riot, as described in Section 76-9-101;
2513 [
2514 (V) threatening with or using a dangerous weapon in a fight or quarrel, as described in
2515 Section 76-10-506; or
2516 [
2517
2518 (ii) a felony or misdemeanor offense committed outside of the state that, if committed
2519 in the state, would constitute a violation of an offense described in Subsection (5)(a)(i).
2520 (b) (i) Subsection (5)(a) does not apply to an applicant who is seeking a position as a
2521 peer support provider[
2522 services in a program that serves only adults with a primary mental health diagnosis, with or
2523 without a co-occurring substance use disorder.
2524 (ii) The office shall conduct a comprehensive review of an applicant described in
2525 Subsection (5)(b)(i) in accordance with [
2526 (c) The office shall deny direct access qualified status to an applicant if the office finds
2527 that a court order prohibits the applicant from having direct access to a child or vulnerable
2528 adult.
2529 (6) The office shall conduct a comprehensive review of an applicant's background
2530 check if the applicant:
2531 (a) has a felony or class A misdemeanor conviction [
2532
2533
2534 from the date on which the office conducts the background check, for an offense described in
2535 Subsection (5)(a);
2536 (b) has a felony charge or conviction that is no more than 10 years from the date on
2537 which the office conducts the background check for an offense not described in Subsection [
2538
2539
2540
2541 (c) has a felony charge or conviction that is more than 10 years from the date on which
2542 the office conducts the background check, for an offense not described in Subsection (5)(a),
2543 with criminal or non-criminal findings after the date of the felony charge or conviction;
2544 [
2545
2546
2547
2548 that is more than three years and no more than 10 years from the date on which the office
2549 conducts the background check for an offense described in Subsection (5)(a);
2550 (e) has a class B misdemeanor or class C misdemeanor conviction that is more than 10
2551 years from the date on which the office conducts the background check, for an offense
2552 described in Subsection (5)(a), with criminal or non-criminal findings after the date of
2553 conviction;
2554 [
2555 the date on which the office conducts the background check for an offense not described in
2556 Subsection [
2557
2558
2559 (g) has a misdemeanor charge or conviction that is more than three years from the date
2560 on which the office conducts the background check, for an offense not described in Subsection
2561 (5)(a), with criminal or non-criminal findings after the date of charge or conviction;
2562 [
2563 described in Subsection [
2564 [
2565 Chapter 41, Sex and Kidnap Offender Registry, or a national sex offender registry;
2566 [
2567 an adult, would be a felony or misdemeanor, if the applicant is:
2568 (i) under 28 years old; or
2569 (ii) 28 years old or older and has been convicted of, has pleaded no contest to, or is
2570 currently subject to a plea in abeyance or diversion agreement for a felony or a misdemeanor
2571 offense described in Subsection [
2572 [
2573 [
2574 office conducts the background check in the Division of Child and Family Services' Licensing
2575 Information System described in Section 80-2-1002 [
2576
2577
2578 [
2579 office conducts the background check in the Division of Child and Family Services' Licensing
2580 Information System described in Section 80-2-1002, with criminal or non-criminal findings
2581 after the date of the listing;
2582 (n) has a listing that occurred no more than 15 years from the date on which the office
2583 conducts the background check in the Division of Aging and Adult Services' vulnerable adult
2584 abuse, neglect, or exploitation database described in Section 26B-6-210 [
2585
2586
2587
2588 (o) has a listing that occurred more than 15 years from the date on which the office
2589 conducts the background check in the Division of Aging and Adult Services' vulnerable adult
2590 abuse, neglect, or exploitation database described in Section 26B-6-210, with criminal or
2591 non-criminal findings after the date of the listing;
2592 [
2593 on which the office conducts the background check of severe child abuse or neglect under
2594 Section 80-3-404 or 80-3-504 [
2595
2596
2597 (q) has a substantiated finding that occurred more than 15 years from the date on which
2598 the office conducts the background check of severe child abuse or neglect under Section
2599 80-3-404 or 80-3-504, with criminal or non-criminal findings after the date of the listing.
2600 [
2601 [
2602 [
2603 [
2604
2605 [
2606
2607 [
2608 [
2609
2610 [
2611
2612 [
2613
2614 [
2615 [
2616 [
2617 [
2618
2619 [
2620
2621 [
2622
2623 [
2624
2625 [
2626
2627
2628 [
2629
2630
2631 (7) (a) The comprehensive review shall include an examination of:
2632 (i) the date of the offense or incident;
2633 (ii) the nature and seriousness of the offense or incident;
2634 (iii) the circumstances under which the offense or incident occurred;
2635 (iv) the age of the perpetrator when the offense or incident occurred;
2636 (v) whether the offense or incident was an isolated or repeated incident;
2637 (vi) whether the offense or incident directly relates to abuse of a child or vulnerable
2638 adult, including:
2639 (A) actual or threatened, nonaccidental physical, mental, or financial harm;
2640 (B) sexual abuse;
2641 (C) sexual exploitation; or
2642 (D) negligent treatment;
2643 (vii) any evidence provided by the applicant of rehabilitation, counseling, psychiatric
2644 treatment received, or additional academic or vocational schooling completed; and
2645 (viii) the applicant's risk of harm to clientele in the program or in the capacity for
2646 which the applicant is applying[
2647 (ix) if the background check of an applicant is being conducted for the purpose of
2648 giving direct access qualified status to an applicant seeking a position in a congregate care
2649 program or to become a prospective foster or adoptive parent, any listing in the Division of
2650 Child and Family Services' Management Information System described in Section 80-2-1001.
2651 (b) At the conclusion of the comprehensive review, the office shall deny [
2652
2653 the office finds the approval would likely create a risk of harm to a child or vulnerable adult.
2654 [
2655 [
2656
2657 (8) The office shall [
2658 applicant who is not denied under this section.
2659 (9) (a) The office may conditionally [
2660 qualified status to an applicant, for a maximum of 60 days after the day on which the office
2661 sends written notice [
2662 applicant be directly supervised, if the office:
2663 (i) is awaiting the results of the criminal history search of national criminal background
2664 databases; and
2665 (ii) would otherwise [
2666 the applicant under this section.
2667 (b) The office may conditionally [
2668 qualified status to an applicant, for a maximum of one year after the day on which the office
2669 sends written notice [
2670 applicant be directly supervised if the office:
2671 (i) is awaiting the results of an out-of-state registry for providers other than foster and
2672 adoptive parents; and
2673 (ii) would otherwise [
2674 the applicant under this section.
2675 (c) Upon receiving the results of the criminal history search of a national criminal
2676 background database, the office shall [
2677 access qualified status to the applicant in accordance with this section.
2678 (10) (a) Each time an applicant is associated with a licensee, the department shall
2679 review the current status of the applicant's background check to ensure the applicant is still
2680 eligible for direct access qualified status in accordance with this section.
2681 [
2682 direct access to a child or a vulnerable adult without being directly supervised unless:
2683 [
2684
2685 [
2686 vulnerable adult;
2687 [
2688 guardian of the vulnerable adult, to have direct access to the child or the vulnerable adult;
2689 [
2690 who voluntarily invites the individual to visit; or
2691 [
2692 foster parent who has used reasonable and prudent judgment to select the individual to provide
2693 the incidental care for the foster child.
2694 [
2695
2696 shall not have direct access to a child or vulnerable adult unless the office [
2697
2698 through a subsequent application in accordance with this section.
2699 [
2700
2701
2702 [
2703
2704
2705
2706 [
2707
2708 [
2709
2710 [
2711
2712 (11) If the office denies direct access qualified status to an applicant, the applicant may
2713 request a hearing in the department's Office of Administrative Hearings to challenge the
2714 office's decision.
2715 [
2716
2717
2718 (12) (a) This Subsection (12) applies to an applicant associated with a certification,
2719 contract, or licensee serving adults only.
2720 [
2721
2722 (b) A program director or a member, as defined in Section 26B-2-105, of the licensee
2723 shall comply with this section.
2724 (c) The office shall conduct a comprehensive review for an applicant if:
2725 (i) seeking a position:
2726 (A) as a peer support provider;
2727 (B) mental health professional; or
2728 (C) in a program that serves only adults with a primary mental health diagnosis, with or
2729 without a co-occurring substance use disorder; and
2730 (ii) within three years from the date on which the office conducts the background
2731 check, the applicant has a felony or misdemeanor charge or conviction or a non-criminal
2732 finding.
2733 [
2734
2735
2736
2737
2738 (13) (a) This Subsection (13) applies to an applicant seeking a position in a congregate
2739 care program, an applicant seeking to provide a prospective foster home, an applicant seeking
2740 to provide a prospective adoptive home, and each adult living in the home of the prospective
2741 foster or prospective adoptive home.
2742 (b) As federally required, the office shall:
2743 (i) check the child abuse and neglect registry in each state where each applicant resided
2744 in the five years immediately preceding the day on which the applicant applied to be a foster or
2745 adoptive parent, to determine whether the prospective foster or adoptive parent is listed in the
2746 registry as having a substantiated or supported finding of child abuse or neglect; and
2747 (ii) except for applicants seeking a position in a congregate care program, check the
2748 child abuse and neglect registry in each state where each adult living in the home of the
2749 [
2750 the five years immediately preceding the day on which the applicant applied to be a foster or
2751 adoptive parent, to determine whether the adult is listed in the registry as having a substantiated
2752 or supported finding of child abuse or neglect.
2753 [
2754 extent that:
2755 (i) federal law or rule permits otherwise; or
2756 (ii) the requirements would prohibit the Division of Child and Family Services or a
2757 court from placing a child with:
2758 (A) a noncustodial parent under Section 80-2a-301, 80-3-302, or 80-3-303; or
2759 (B) a relative, other than a noncustodial parent, under Section 80-2a-301, 80-3-302, or
2760 80-3-303, pending completion of the background check described in [
2761 Subsections (5), (6), and (7).
2762 [
2763
2764
2765 access qualified status if the applicant has been convicted of:
2766 (i) a felony involving conduct that constitutes any of the following:
2767 (A) child abuse, as described in Sections 76-5-109, 76-5-109.2, and 76-5-109.3;
2768 (B) commission of domestic violence in the presence of a child, as described in Section
2769 76-5-114;
2770 (C) abuse or neglect of a child with a disability, as described in Section 76-5-110;
2771 (D) intentional aggravated abuse of a vulnerable adult, as described in Section
2772 76-5-111;
2773 [
2774 76-5-112.5;
2775 [
2776 [
2777 [
2778 [
2779 [
2780 [
2781 [
2782 [
2783 [
2784 [
2785 [
2786 Exploitation Act;
2787 [
2788 [
2789 [
2790 [
2791 [
2792 [
2793 [
2794 (ii) an offense committed outside the state that, if committed in the state, would
2795 constitute a violation of an offense described in Subsection [
2796 [
2797
2798
2799
2800 direct access qualified status to an applicant if, within the five years from the date on which the
2801 office conducts the background check, the applicant was convicted of a felony involving
2802 conduct that constitutes a violation of any of the following:
2803 (i) aggravated assault, as described in Section 76-5-103;
2804 (ii) aggravated assault by a prisoner, as described in Section 76-5-103.5;
2805 (iii) mayhem, as described in Section 76-5-105;
2806 (iv) an offense described in Title 58, Chapter 37, Utah Controlled Substances Act;
2807 (v) an offense described in Title 58, Chapter 37a, Utah Drug Paraphernalia Act;
2808 (vi) an offense described in Title 58, Chapter 37b, Imitation Controlled Substances
2809 Act;
2810 (vii) an offense described in Title 58, Chapter 37c, Utah Controlled Substance
2811 Precursor Act; or
2812 (viii) an offense described in Title 58, Chapter 37d, Clandestine Drug Lab Act.
2813 [
2814 conduct [
2815 [
2816
2817
2818 (i) has an offense described in Subsection (5)(a), has an infraction conviction entered
2819 on a date that is no more than three years before the date on which the office conducts the
2820 background check;
2821 (ii) has a listing in the Division of Child and Family Services' Licensing Information
2822 System described in Section 80-2-1002;
2823 (iii) has a listing in the Division of Aging and Adult Services' vulnerable adult, neglect,
2824 or exploitation database described in Section 26B-6-210;
2825 (iv) has a substantiated finding of severe child abuse or neglect under Section 80-3-404
2826 or 80-3-504; or
2827 (v) has a listing on the registry check described in Subsection (13)(b) as having a
2828 substantiated or supported finding of a severe type of child abuse or neglect, as defined in
2829 Section 80-1-102.
2830 [
2831 Act, the office may make rules, consistent with this part, to:
2832 [
2833 comprehensive review described in Subsections [
2834 [
2835 individual was in the custody of the Division of Child and Family Services or the [
2836
2837 [
2838 denying direct access qualified status to an applicant.
2839 Section 26. Section 26B-2-122 is amended to read:
2840 26B-2-122. Access to vulnerable adult abuse and neglect information.
2841 (1) For purposes of this section:
2842 (a) "Direct service worker" means the same as that term is defined in Section
2843 26B-6-401.
2844 (b) "Personal care attendant" means the same as that term is defined in Section
2845 26B-6-401.
2846 (2) With respect to a licensee, a direct service worker, or a personal care attendant, the
2847 department may access the database created by Section 26B-6-210 for the purpose of:
2848 (a) (i) determining whether a person associated with a licensee, with direct access to
2849 vulnerable adults, has a supported or substantiated finding of:
2850 (A) abuse;
2851 (B) neglect; or
2852 (C) exploitation; and
2853 (ii) informing a licensee that a person associated with the licensee has a supported or
2854 substantiated finding of:
2855 (A) abuse;
2856 (B) neglect; or
2857 (C) exploitation;
2858 (b) (i) determining whether a direct service worker has a supported or substantiated
2859 finding of:
2860 (A) abuse;
2861 (B) neglect; or
2862 (C) exploitation; and
2863 (ii) informing a direct service worker or the direct service worker's employer that the
2864 direct service worker has a supported or substantiated finding of:
2865 (A) abuse;
2866 (B) neglect; or
2867 (C) exploitation; or
2868 (c) (i) determining whether a personal care attendant has a supported or substantiated
2869 finding of:
2870 (A) abuse;
2871 (B) neglect; or
2872 (C) exploitation; and
2873 (ii) informing a person described in Subsections 26B-6-401(9)(a)(i) through (iv) that a
2874 personal care attendant has a supported or substantiated finding of:
2875 (A) abuse;
2876 (B) neglect; or
2877 (C) exploitation.
2878 (3) The department shall receive and process personal identifying information under
2879 Subsection [
2880 (4) The department shall adopt rules under Title 63G, Chapter 3, Utah Administrative
2881 Rulemaking Act, consistent with this part and Chapter 6, Part 2, Abuse, Neglect, or
2882 Exploitation of a Vulnerable Adult, defining the circumstances under which a person may have
2883 direct access or provide services to vulnerable adults when the person is listed in the statewide
2884 database of the Division of Aging and Adult Services created by Section 26B-6-210 as having
2885 a supported or substantiated finding of abuse, neglect, or exploitation.
2886 Section 27. Section 26B-2-128 is amended to read:
2887 26B-2-128. Numerical limit of foster children in a foster home.
2888 [
2889 [
2890 [
2891 (1) (a) No more than four foster children may reside in the foster home of a licensed
2892 foster parent.
2893 (b) No more than three foster children may reside in the foster home of a certified
2894 foster parent.
2895 [
2896
2897 [
2898 [
2899
2900 [
2901
2902 [
2903 may be exceeded:
2904 (a) to place a child into a foster home where a sibling of the child currently resides; or
2905 (b) to place a child in a foster home where the child previously resided.
2906 (3) The limits under Subsection (1) may be exceeded for:
2907 (a) placement of a sibling group in a foster home with no more than one other foster
2908 child placement;
2909 (b) placement of a child or sibling group in a foster home where the child or sibling
2910 group previously resided; or
2911 (c) placement of a child in a foster home where a sibling currently resides.
2912 Section 28. Section 26B-2-201 is amended to read:
2913 26B-2-201. Definitions.
2914 As used in this part:
2915 (1) (a) "Abortion clinic" means a type I abortion clinic or a type II abortion clinic.
2916 (b) "Abortion clinic" does not mean a clinic that meets the definition of hospital under
2917 Section 76-7-301 or Section [
2918 (2) "Activities of daily living" means essential activities including:
2919 (a) dressing;
2920 (b) eating;
2921 (c) grooming;
2922 (d) bathing;
2923 (e) toileting;
2924 (f) ambulation;
2925 (g) transferring; and
2926 (h) self-administration of medication.
2927 (3) "Ambulatory surgical facility" means a freestanding facility, which provides
2928 surgical services to patients not requiring hospitalization.
2929 (4) "Assistance with activities of daily living" means providing of or arranging for the
2930 provision of assistance with activities of daily living.
2931 (5) (a) "Assisted living facility" means:
2932 (i) a type I assisted living facility, which is a residential facility that provides assistance
2933 with activities of daily living and social care to two or more residents who:
2934 (A) require protected living arrangements; and
2935 (B) are capable of achieving mobility sufficient to exit the facility without the
2936 assistance of another person; and
2937 (ii) a type II assisted living facility, which is a residential facility with a home-like
2938 setting that provides an array of coordinated supportive personal and health care services
2939 available 24 hours per day to residents who have been assessed under department rule to need
2940 any of these services.
2941 (b) Each resident in a type I or type II assisted living facility shall have a service plan
2942 based on the assessment, which may include:
2943 (i) specified services of intermittent nursing care;
2944 (ii) administration of medication; and
2945 (iii) support services promoting residents' independence and self-sufficiency.
2946 (6) "Birthing center" means a facility that:
2947 (a) receives maternal clients and provides care during pregnancy, delivery, and
2948 immediately after delivery; and
2949 (b) (i) is freestanding; or
2950 (ii) is not freestanding, but meets the requirements for an alongside midwifery unit
2951 described in Subsection 26B-2-228(7).
2952 (7) "Committee" means the Health Facility Committee created in Section 26B-1-204.
2953 (8) "Consumer" means any person not primarily engaged in the provision of health care
2954 to individuals or in the administration of facilities or institutions in which such care is provided
2955 and who does not hold a fiduciary position, or have a fiduciary interest in any entity involved in
2956 the provision of health care, and does not receive, either directly or through his spouse, more
2957 than 1/10 of his gross income from any entity or activity relating to health care.
2958 (9) "End stage renal disease facility" means a facility which furnishes staff-assisted
2959 kidney dialysis services, self-dialysis services, or home-dialysis services on an outpatient basis.
2960 (10) "Freestanding" means existing independently or physically separated from another
2961 health care facility by fire walls and doors and administrated by separate staff with separate
2962 records.
2963 (11) "General acute hospital" means a facility which provides diagnostic, therapeutic,
2964 and rehabilitative services to both inpatients and outpatients by or under the supervision of
2965 physicians.
2966 (12) "Governmental unit" means the state, or any county, municipality, or other
2967 political subdivision or any department, division, board, or agency of the state, a county,
2968 municipality, or other political subdivision.
2969 (13) (a) "Health care facility" means general acute hospitals, specialty hospitals, home
2970 health agencies, hospices, nursing care facilities, residential-assisted living facilities, birthing
2971 centers, ambulatory surgical facilities, small health care facilities, abortion clinics, a clinic that
2972 meets the definition of hospital under Section 76-7-301 or [
2973 owned or operated by health maintenance organizations, end stage renal disease facilities, and
2974 any other health care facility which the committee designates by rule.
2975 (b) "Health care facility" does not include the offices of private physicians or dentists,
2976 whether for individual or group practice, except that it does include an abortion clinic.
2977 (14) "Health maintenance organization" means an organization, organized under the
2978 laws of any state which:
2979 (a) is a qualified health maintenance organization under 42 U.S.C. Sec. 300e-9; or
2980 (b) (i) provides or otherwise makes available to enrolled participants at least the
2981 following basic health care services: usual physician services, hospitalization, laboratory, x-ray,
2982 emergency, and preventive services and out-of-area coverage;
2983 (ii) is compensated, except for copayments, for the provision of the basic health
2984 services listed in Subsection (14)(b)(i) to enrolled participants by a payment which is paid on a
2985 periodic basis without regard to the date the health services are provided and which is fixed
2986 without regard to the frequency, extent, or kind of health services actually provided; and
2987 (iii) provides physicians' services primarily directly through physicians who are either
2988 employees or partners of such organizations, or through arrangements with individual
2989 physicians or one or more groups of physicians organized on a group practice or individual
2990 practice basis.
2991 (15) (a) "Home health agency" means an agency, organization, or facility or a
2992 subdivision of an agency, organization, or facility which employs two or more direct care staff
2993 persons who provide licensed nursing services, therapeutic services of physical therapy, speech
2994 therapy, occupational therapy, medical social services, or home health aide services on a
2995 visiting basis.
2996 (b) "Home health agency" does not mean an individual who provides services under
2997 the authority of a private license.
2998 (16) "Hospice" means a program of care for the terminally ill and their families which
2999 occurs in a home or in a health care facility and which provides medical, palliative,
3000 psychological, spiritual, and supportive care and treatment.
3001 (17) "Nursing care facility" means a health care facility, other than a general acute or
3002 specialty hospital, constructed, licensed, and operated to provide patient living
3003 accommodations, 24-hour staff availability, and at least two of the following patient services:
3004 (a) a selection of patient care services, under the direction and supervision of a
3005 registered nurse, ranging from continuous medical, skilled nursing, psychological, or other
3006 professional therapies to intermittent health-related or paraprofessional personal care services;
3007 (b) a structured, supportive social living environment based on a professionally
3008 designed and supervised treatment plan, oriented to the individual's habilitation or
3009 rehabilitation needs; or
3010 (c) a supervised living environment that provides support, training, or assistance with
3011 individual activities of daily living.
3012 (18) "Person" means any individual, firm, partnership, corporation, company,
3013 association, or joint stock association, and the legal successor thereof.
3014 (19) "Resident" means a person 21 years old or older who:
3015 (a) as a result of physical or mental limitations or age requires or requests services
3016 provided in an assisted living facility; and
3017 (b) does not require intensive medical or nursing services as provided in a hospital or
3018 nursing care facility.
3019 (20) "Small health care facility" means a four to 16 bed facility that provides licensed
3020 health care programs and services to residents.
3021 (21) "Specialty hospital" means a facility which provides specialized diagnostic,
3022 therapeutic, or rehabilitative services in the recognized specialty or specialties for which the
3023 hospital is licensed.
3024 (22) "Substantial compliance" means in a department survey of a licensee, the
3025 department determines there is an absence of deficiencies which would harm the physical
3026 health, mental health, safety, or welfare of patients or residents of a licensee.
3027 (23) "Type I abortion clinic" means a facility, including a physician's office, but not
3028 including a general acute or specialty hospital, that:
3029 (a) performs abortions, as defined in Section 76-7-301, during the first trimester of
3030 pregnancy; and
3031 (b) does not perform abortions, as defined in Section 76-7-301, after the first trimester
3032 of pregnancy.
3033 (24) "Type II abortion clinic" means a facility, including a physician's office, but not
3034 including a general acute or specialty hospital, that:
3035 (a) performs abortions, as defined in Section 76-7-301, after the first trimester of
3036 pregnancy; or
3037 (b) performs abortions, as defined in Section 76-7-301, during the first trimester of
3038 pregnancy and after the first trimester of pregnancy.
3039 Section 29. Section 26B-2-202 is amended to read:
3040 26B-2-202. Duties of department.
3041 (1) The department shall:
3042 (a) enforce rules established pursuant to this part;
3043 (b) authorize an agent of the department to conduct inspections of health care facilities
3044 pursuant to this part;
3045 (c) collect information authorized by the committee that may be necessary to ensure
3046 that adequate health care facilities are available to the public;
3047 (d) collect and credit fees for licenses as free revenue;
3048 (e) collect and credit fees for conducting plan reviews as dedicated credits;
3049 (f) (i) collect and credit fees for conducting [
3050 access under Sections 26B-2-239 and 26B-2-240; and
3051 (ii) beginning July 1, 2012:
3052 (A) up to $105,000 of the fees collected under Subsection (1)(f)(i) are dedicated
3053 credits; and
3054 (B) the fees collected for background checks under Subsection 26B-2-240(6) and
3055 Subsection 26B-2-241(4) shall be transferred to the Department of Public Safety to reimburse
3056 the Department of Public Safety for its costs in conducting the federal background checks;
3057 (g) designate an executive secretary from within the department to assist the committee
3058 in carrying out its powers and responsibilities;
3059 (h) establish reasonable standards for criminal background checks by public and
3060 private entities;
3061 (i) recognize those public and private entities that meet the standards established
3062 pursuant to Subsection (1)(h); and
3063 (j) provide necessary administrative and staff support to the committee.
3064 (2) The department may:
3065 (a) exercise all incidental powers necessary to carry out the purposes of this part;
3066 (b) review architectural plans and specifications of proposed health care facilities or
3067 renovations of health care facilities to ensure that the plans and specifications conform to rules
3068 established by the committee; and
3069 (c) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
3070 make rules as necessary to implement the provisions of this part.
3071 Section 30. Section 26B-2-204 is amended to read:
3072 26B-2-204. Licensing of an abortion clinic -- Rulemaking authority -- Fee --
3073 Licensing of a clinic meeting the definition of hospital.
3074 (1) (a) No abortion clinic may operate in the state on or after January 1, 2024, or the
3075 last valid date of an abortion clinic license issued under the requirements of this section,
3076 whichever date is later.
3077 (b) Notwithstanding Subsection (1)(a), a licensed abortion clinic may not perform an
3078 abortion in violation of any provision of state law.
3079 (2) The state may not issue a license for an abortion clinic after May 2, 2023.
3080 (3) For any license for an abortion clinic that is issued under this section:
3081 (a) A type I abortion clinic may not operate in the state without a license issued by the
3082 department to operate a type I abortion clinic.
3083 (b) A type II abortion clinic may not operate in the state without a license issued by the
3084 department to operate a type II abortion clinic.
3085 (c) The department shall make rules establishing minimum health, safety, sanitary, and
3086 recordkeeping requirements for:
3087 (i) a type I abortion clinic; and
3088 (ii) a type II abortion clinic.
3089 (d) To receive and maintain a license described in this section, an abortion clinic shall:
3090 (i) apply for a license on a form prescribed by the department;
3091 (ii) satisfy and maintain the minimum health, safety, sanitary, and recordkeeping
3092 requirements established [
3093 licensed;
3094 (iii) comply with the recordkeeping and reporting requirements of Section 76-7-313;
3095 (iv) comply with the requirements of Title 76, Chapter 7, Part 3, Abortion, and Title
3096 76, Chapter 7a, Abortion Prohibition;
3097 (v) pay the annual licensing fee; and
3098 (vi) cooperate with inspections conducted by the department.
3099 (e) The department shall, at least twice per year, inspect each abortion clinic in the state
3100 to ensure that the abortion clinic is complying with all statutory and licensing requirements
3101 relating to the abortion clinic. At least one of the inspections shall be made without providing
3102 notice to the abortion clinic.
3103 (f) The department shall charge an annual license fee, set by the department in
3104 accordance with the procedures described in Section 63J-1-504, to an abortion clinic in an
3105 amount that will pay for the cost of the licensing requirements described in this section and the
3106 cost of inspecting abortion clinics.
3107 (g) The department shall deposit the licensing fees described in this section in the
3108 General Fund as a dedicated credit to be used solely to pay for the cost of the licensing
3109 requirements described in this section and the cost of inspecting abortion clinics.
3110 (4) (a) Notwithstanding any other provision of this section, the department may license
3111 a clinic that meets the definition of hospital under Section 76-7-301 or Section 76-7a-101.
3112 (b) A clinic described in Subsection (4)(a) is not defined as an abortion clinic.
3113 Section 31. Section 26B-2-238 is amended to read:
3114 26B-2-238. Definitions for Sections 26B-2-238 through 26B-2-241.
3115 As used in this section and Sections 26B-2-239, 26B-2-240, and 26B-2-241:
3116 (1) [
3117 department under Section 26B-2-239 for an individual to have direct patient access.
3118 (2) "Covered body" means a covered provider, covered contractor, or covered
3119 employer.
3120 (3) "Covered contractor" means a person that supplies covered individuals, by contract,
3121 to a covered employer or covered provider.
3122 (4) "Covered employer" means an individual who:
3123 (a) engages a covered individual to provide services in a private residence to:
3124 (i) an aged individual, as defined by department rule; or
3125 (ii) a disabled individual, as defined by department rule;
3126 (b) is not a covered provider; and
3127 (c) is not a licensed health care facility within the state.
3128 (5) "Covered individual":
3129 (a) means an individual:
3130 (i) whom a covered body engages; and
3131 (ii) who may have direct patient access;
3132 (b) includes:
3133 (i) a nursing assistant, as defined by department rule;
3134 (ii) a personal care aide, as defined by department rule;
3135 (iii) an individual licensed to engage in the practice of nursing under Title 58, Chapter
3136 31b, Nurse Practice Act;
3137 (iv) a provider of medical, therapeutic, or social services, including a provider of
3138 laboratory and radiology services;
3139 (v) an executive;
3140 (vi) administrative staff, including a manager or other administrator;
3141 (vii) dietary and food service staff;
3142 (viii) housekeeping and maintenance staff; and
3143 (ix) any other individual, as defined by department rule, who has direct patient access;
3144 and
3145 (c) does not include a student, as defined by department rule, directly supervised by a
3146 member of the staff of the covered body or the student's instructor.
3147 (6) "Covered provider" means:
3148 (a) an end stage renal disease facility;
3149 (b) a long-term care hospital;
3150 (c) a nursing care facility;
3151 (d) a small health care facility;
3152 (e) an assisted living facility;
3153 (f) a hospice;
3154 (g) a home health agency; or
3155 (h) a personal care agency.
3156 (7) "Direct patient access" means for an individual to be in a position where the
3157 individual could, in relation to a patient or resident of the covered body who engages the
3158 individual:
3159 (a) cause physical or mental harm;
3160 (b) commit theft; or
3161 (c) view medical or financial records.
3162 (8) "Engage" means to obtain one's services:
3163 (a) by employment;
3164 (b) by contract;
3165 (c) as a volunteer; or
3166 (d) by other arrangement.
3167 (9) "Long-term care hospital":
3168 (a) means a hospital that is certified to provide long-term care services under the
3169 provisions of 42 U.S.C. Sec. 1395tt; and
3170 (b) does not include a critical access hospital, designated under 42 U.S.C. Sec.
3171 1395i-4(c)(2).
3172 (10) "Patient" means an individual who receives health care services from one of the
3173 following covered providers:
3174 (a) an end stage renal disease facility;
3175 (b) a long-term care hospital;
3176 (c) a hospice;
3177 (d) a home health agency; or
3178 (e) a personal care agency.
3179 (11) "Personal care agency" means a health care facility defined by department rule.
3180 (12) "Resident" means an individual who receives health care services from one of the
3181 following covered providers:
3182 (a) a nursing care facility;
3183 (b) a small health care facility;
3184 (c) an assisted living facility; or
3185 (d) a hospice that provides living quarters as part of its services.
3186 (13) "Residential setting" means a place provided by a covered provider:
3187 (a) for residents to live as part of the services provided by the covered provider; and
3188 (b) where an individual who is not a resident also lives.
3189 (14) "Volunteer" means an individual, as defined by department rule, who provides
3190 services without pay or other compensation.
3191 Section 32. Section 26B-2-239 is amended to read:
3192 26B-2-239. Certification for direct patient access required -- Application by
3193 covered providers, covered contractors, and individuals.
3194 (1) The definitions in Section 26B-2-238 apply to this section.
3195 (2) (a) A covered provider may engage a covered individual only if the individual has
3196 [
3197 (b) A covered contractor may supply a covered individual to a covered employer or
3198 covered provider only if the individual has [
3199 (c) A covered employer may engage a covered individual who does not have
3200 [
3201 (3) (a) Notwithstanding Subsections (2)(a) and (b), if a covered individual does not
3202 have [
3203 individual or a covered contractor may supply the individual to a covered provider or covered
3204 employer:
3205 (i) under circumstances specified by department rule; and
3206 (ii) only while an application for [
3207 the individual is pending.
3208 (b) For purposes of Subsection (3)(a), an application is pending if the following have
3209 been submitted to the department for the individual:
3210 (i) an application for [
3211 (ii) the personal identification information specified by the department under
3212 Subsection 26B-2-240(4)(b); and
3213 (iii) any fees established by the department under Subsection 26B-2-240(9).
3214 (4) (a) As provided in Subsection (4)(b), each covered provider and covered contractor
3215 operating in this state shall:
3216 (i) collect from each covered individual the contractor engages, and each individual the
3217 contractor intends to engage as a covered individual, the personal identification information
3218 specified by the department under Subsection 26B-2-240(4)(b); and
3219 (ii) submit to the department an application for [
3220 patient access for the individual, including:
3221 (A) the personal identification information; and
3222 (B) any fees established by the department under Subsection 26B-2-240(9).
3223 (b) [
3224 to an application submitted by a covered provider or a covered contractor is valid [
3225
3226 (i) two years after the individual is no longer engaged as a covered individual; or
3227 (ii) the covered provider's or covered contractor's next license renewal date.
3228 (5) (a) A covered provider that provides services in a residential setting shall:
3229 (i) collect the personal identification information specified by the department under
3230 Subsection 26B-2-240(4)(b) for each individual 12 years old or older, other than a resident,
3231 who resides in the residential setting; and
3232 (ii) submit to the department an application for [
3233 patient access for the individual, including:
3234 (A) the personal identification information; and
3235 (B) any fees established by the department under Subsection 26B-2-240(9).
3236 (b) A covered provider that provides services in a residential setting may allow an
3237 individual 12 years old or older, other than a resident, to reside in the residential setting only if
3238 the individual has [
3239 (6) (a) An individual may apply for [
3240 submitting to the department an application, including:
3241 (i) the personal identification information specified by the department under
3242 Subsection 26B-2-240(4)(b); and
3243 (ii) any fees established by the department under Subsection 26B-2-240(9).
3244 (b) [
3245 makes application under Subsection (6)(a) is valid for [
3246 engaged employment lapses unless the department determines otherwise based on the
3247 department's ongoing review under Subsection 26B-2-240(4)(a).
3248 Section 33. Section 26B-2-240 is amended to read:
3249 26B-2-240. Department authorized to grant, deny, or revoke certification for
3250 direct patient access -- Department may limit direct patient access -- Certification for
3251 direct patient access.
3252 (1) The definitions in Section 26B-2-238 apply to this section.
3253 (2) (a) As provided in this section, the department may grant, deny, or revoke
3254 [
3255 individual.
3256 (b) The department may limit the circumstances under which a covered individual
3257 granted [
3258 on the relationship factors under Subsection (4) and other mitigating factors related to patient
3259 and resident protection.
3260 (c) The department shall determine whether to grant [
3261 patient access for each applicant for whom it receives:
3262 (i) the personal identification information specified by the department under
3263 Subsection (4)(b); and
3264 (ii) any fees established by the department under Subsection (9).
3265 (d) The department shall establish a procedure for obtaining and evaluating relevant
3266 information concerning covered individuals, including fingerprinting the applicant and
3267 submitting the prints to the Criminal Investigations and Technical Services Division of the
3268 Department of Public Safety for checking against applicable state, regional, and national
3269 criminal records files.
3270 (3) The department may review the following sources to determine whether an
3271 individual should be granted or retain [
3272 may include:
3273 (a) Department of Public Safety arrest, conviction, and disposition records described in
3274 Title 53, Chapter 10, Criminal Investigations and Technical Services Act, including
3275 information in state, regional, and national records files;
3276 (b) juvenile court arrest, adjudication, and disposition records, as allowed under
3277 Section 78A-6-209;
3278 (c) federal criminal background databases available to the state;
3279 (d) the Division of Child and Family Services Licensing Information System described
3280 in Section 80-2-1002;
3281 (e) child abuse or neglect findings described in Section 80-3-404;
3282 (f) the Division of Aging and Adult Services vulnerable adult abuse, neglect, or
3283 exploitation database described in Section 26B-6-210;
3284 (g) registries of nurse aids described in 42 C.F.R. Sec. 483.156;
3285 (h) licensing and certification records of individuals licensed or certified by the
3286 Division of Professional Licensing under Title 58, Occupations and Professions; and
3287 (i) the List of Excluded Individuals and Entities database maintained by the United
3288 States Department of Health and Human Services' Office of Inspector General.
3289 (4) The department shall adopt rules that:
3290 (a) specify the criteria the department will use to determine whether an individual is
3291 granted or retains [
3292 (i) based on an initial evaluation and ongoing review of information under Subsection
3293 (3); and
3294 (ii) including consideration of the relationship the following may have to patient and
3295 resident protection:
3296 (A) warrants for arrest;
3297 (B) arrests;
3298 (C) convictions, including pleas in abeyance;
3299 (D) pending diversion agreements;
3300 (E) adjudications by a juvenile court under Section 80-6-701 if the individual is over
3301 28 years old and has been convicted, has pleaded no contest, or is subject to a plea in abeyance
3302 or diversion agreement for a felony or misdemeanor, or the individual is under 28 years old;
3303 and
3304 (F) any other findings under Subsection (3); and
3305 (b) specify the personal identification information that must be submitted by an
3306 individual or covered body with an application for [
3307 access, including:
3308 (i) the applicant's Social Security number; and
3309 (ii) fingerprints.
3310 (5) For purposes of Subsection (4)(a), the department shall classify a crime committed
3311 in another state according to the closest matching crime under Utah law, regardless of how the
3312 crime is classified in the state where the crime was committed.
3313 (6) The Department of Public Safety, the Administrative Office of the Courts, the
3314 Division of Professional Licensing, and any other state agency or political subdivision of the
3315 state:
3316 (a) shall allow the department to review the information the department may review
3317 under Subsection (3); and
3318 (b) except for the Department of Public Safety, may not charge the department for
3319 access to the information.
3320 (7) The department shall adopt measures to protect the security of the information it
3321 reviews under Subsection (3) and strictly limit access to the information to department
3322 employees responsible for processing an application for [
3323 patient access.
3324 (8) The department may disclose personal identification information specified under
3325 Subsection (4)(b) to other divisions and offices within the department to verify that the subject
3326 of the information is not identified as a perpetrator or offender in the information sources
3327 described in Subsections (3)(d) through (f).
3328 (9) The department may establish fees, in accordance with Section 63J-1-504, for an
3329 application for [
3330 (a) the cost of obtaining and reviewing information under Subsection (3);
3331 (b) a portion of the cost of creating and maintaining the Direct Access Clearance
3332 System database under Section 26B-2-241; and
3333 (c) other department costs related to the processing of the application and the ongoing
3334 review of information pursuant to Subsection (4)(a) to determine whether [
3335 certification for direct patient access should be retained.
3336 Section 34. Section 26B-2-241 (Superseded 07/01/24) is amended to read:
3337 26B-2-241 (Superseded 07/01/24). Direct Access Clearance System database --
3338 Contents and use -- Department of Public Safety retention of information and notification
3339 -- No civil liability for providing information.
3340 (1) The definitions in Section 26B-2-238 apply to this section.
3341 (2) The department shall create and maintain a Direct Access Clearance System
3342 database, which:
3343 (a) includes the names of individuals for whom the department has received[
3344 application for [
3345
3346 (b) indicates whether an application is pending and whether [
3347 for direct patient access has been granted and retained for[
3348 [
3349 [
3350 (3) (a) The department shall allow covered providers and covered contractors to access
3351 the database electronically.
3352 (b) Data accessible to a covered provider or covered contractor is limited to the
3353 information under Subsections (2)(a)(i) and (2)(b)(i) for:
3354 (i) covered individuals engaged by the covered provider or covered contractor; and
3355 (ii) individuals:
3356 (A) whom the covered provider or covered contractor could engage as covered
3357 individuals; and
3358 (B) who have provided the covered provider or covered contractor with sufficient
3359 personal identification information to uniquely identify the individual in the database.
3360 (c) (i) The department may establish fees, in accordance with Section 63J-1-504, for
3361 use of the database by a covered contractor.
3362 (ii) The fees may include, in addition to any fees established by the department under
3363 Subsection 26B-2-240(9), an initial set-up fee, an ongoing access fee, and a per-use fee.
3364 (4) The Criminal Investigations and Technical Services Division within the
3365 Department of Public Safety shall:
3366 (a) retain, separate from other division records, personal information, including any
3367 fingerprints, sent to the division by the department pursuant to Subsection 26B-2-240(3)(a);
3368 and
3369 (b) notify the department upon receiving notice that an individual for whom personal
3370 information has been retained is the subject of:
3371 (i) a warrant for arrest;
3372 (ii) an arrest;
3373 (iii) a conviction, including a plea in abeyance; or
3374 (iv) a pending diversion agreement.
3375 (5) A covered body is not civilly liable for submitting to the department information
3376 required under this section, Section 26B-2-239, or Section 26B-2-240, or refusing to employ an
3377 individual who does not have clearance to have direct patient access under Section 26B-2-240.
3378 Section 35. Section 26B-2-241 (Effective 07/01/24) is amended to read:
3379 26B-2-241 (Effective 07/01/24). Direct Access Clearance System database --
3380 Contents and use -- Department of Public Safety retention of information and notification
3381 -- No civil liability for providing information.
3382 (1) The definitions in Section 26B-2-238 apply to this section.
3383 (2) The department shall create and maintain a Direct Access Clearance System
3384 database, which:
3385 (a) includes the names of individuals for whom[
3386 application for [
3387 [
3388
3389 (b) indicates whether an application is pending and whether clearance has been granted
3390 and retained for[
3391 [
3392 (3) (a) The department shall allow covered providers and covered contractors to access
3393 the database electronically.
3394 (b) Data accessible to a covered provider or covered contractor is limited to the
3395 information under Subsections (2)(a)(i) and (2)(b)(i) for:
3396 (i) covered individuals engaged by the covered provider or covered contractor; and
3397 (ii) individuals:
3398 (A) whom the covered provider or covered contractor could engage as covered
3399 individuals; and
3400 (B) who have provided the covered provider or covered contractor with sufficient
3401 personal identification information to uniquely identify the individual in the database.
3402 (c) (i) The department may establish fees, in accordance with Section 63J-1-504, for
3403 use of the database by a covered contractor.
3404 (ii) The fees may include, in addition to any fees established by the department under
3405 Subsection 26B-2-240(9), an initial set-up fee, an ongoing access fee, and a per-use fee.
3406 (4) The Criminal Investigations and Technical Services Division within the
3407 Department of Public Safety shall:
3408 (a) retain, separate from other division records, personal information, including any
3409 fingerprints, sent to the division by the department pursuant to Subsection 26B-2-240(3)(a);
3410 and
3411 (b) notify the department upon receiving notice that an individual for whom personal
3412 information has been retained is the subject of:
3413 (i) a warrant for arrest;
3414 (ii) an arrest;
3415 (iii) a conviction, including a plea in abeyance; or
3416 (iv) a pending diversion agreement.
3417 (5) A covered body is not civilly liable for submitting to the department information
3418 required under this section, Section 26B-2-239, or Section 26B-2-240, or refusing to employ an
3419 individual who does not have [
3420 patient access under Section 26B-2-240.
3421 Section 36. Section 26B-3-114 is amended to read:
3422 26B-3-114. Department standards for eligibility under Medicaid -- Funds for
3423 abortions.
3424 (1) (a) The department may develop standards and administer policies relating to
3425 eligibility under the Medicaid program [
3426 policies comply with Subsection [
3427 (b) An applicant receiving Medicaid assistance may be limited to particular types of
3428 care or services or to payment of part or all costs of care determined to be medically necessary.
3429 (2) The department may not provide any funds for medical, hospital, or other medical
3430 expenditures or medical services to otherwise eligible persons where the purpose of the
3431 assistance is to perform an abortion, unless the life of the mother would be endangered if an
3432 abortion were not performed.
3433 (3) Any employee of the department who authorizes payment for an abortion contrary
3434 to the provisions of this section is guilty of a class B misdemeanor and subject to forfeiture of
3435 office.
3436 (4) Any person or organization that, under the guise of other medical treatment,
3437 provides an abortion under auspices of the Medicaid program is guilty of a third degree felony
3438 and subject to forfeiture of license to practice medicine or authority to provide medical services
3439 and treatment.
3440 Section 37. Section 26B-3-212 is amended to read:
3441 26B-3-212. Limited family planning services for low-income individuals.
3442 (1) As used in this section:
3443 (a) (i) "Family planning services" means family planning services that are provided
3444 under the state Medicaid program, including:
3445 (A) sexual health education and family planning counseling; and
3446 (B) other medical diagnosis, treatment, or preventative care routinely provided as part
3447 of a family planning service visit.
3448 (ii) "Family planning services" do not include an abortion, as that term is defined in
3449 Section 76-7-301 or 76-7a-101.
3450 (b) "Low-income individual" means an individual who:
3451 (i) has an income level that is equal to or below 185% of the federal poverty level; and
3452 (ii) does not qualify for full coverage under the Medicaid program.
3453 (2) Before January 1, 2024, the division shall apply for a Medicaid waiver or a state
3454 plan amendment with CMS to:
3455 (a) offer a program that provides family planning services to low-income individuals;
3456 and
3457 (b) receive a federal match rate of 90% of state expenditures for family planning
3458 services provided under the waiver or state plan amendment.
3459 Section 38. Section 26B-4-118 (Superseded 07/01/24) is amended to read:
3460 26B-4-118 (Superseded 07/01/24). Permits for emergency medical service vehicles
3461 and nonemergency secured behavioral health transport vehicles.
3462 (1) (a) To ensure that emergency medical service vehicles and nonemergency secured
3463 behavioral health transport vehicles are adequately staffed, safe, maintained, properly
3464 equipped, and safely operated, the committee shall establish permit requirements at levels it
3465 considers appropriate in the following categories:
3466 (i) ambulance;
3467 (ii) emergency medical response vehicle; and
3468 (iii) nonemergency secured behavioral health transport vehicle.
3469 (b) The permit requirements under Subsections (1)(a)(i) and (ii) shall include a
3470 requirement that [
3471 emergency medical response vehicle annually provide proof of the successful completion of an
3472 emergency vehicle operator's course approved by the department for all ambulances and
3473 emergency medical response vehicle operators.
3474 (2) The department shall, based on the requirements established in Subsection (1),
3475 issue permits to emergency medical service vehicles and nonemergency secured behavioral
3476 health transport vehicles.
3477 Section 39. Section 26B-4-136 (Superseded 07/01/24) is amended to read:
3478 26B-4-136 (Superseded 07/01/24). Volunteer Emergency Medical Service
3479 Personnel Health Insurance Program -- Creation -- Administration -- Eligibility --
3480 Benefits -- Rulemaking -- Advisory board.
3481 (1) As used in this section:
3482 (a) "Health benefit plan" means the same as that term is defined in Section 31A-1-301.
3483 (b) "Local government entity" means a political subdivision that:
3484 (i) is licensed as a ground ambulance provider under Sections 26B-4-150 through
3485 26B-4-170; and
3486 (ii) [
3487 emergency medical service personnel.
3488 (c) "PEHP" means the Public Employees' Benefit and Insurance Program created in
3489 Section 49-20-103.
3490 (d) "Political subdivision" means a county, a municipality, a limited purpose
3491 government entity described in Title 17B, Limited Purpose Local Government Entities -
3492 Special Districts, or Title 17D, Limited Purpose Local Government Entities - Other Entities, or
3493 an entity created by an interlocal agreement under Title 11, Chapter 13, Interlocal Cooperation
3494 Act.
3495 (e) "Qualifying association" means an association that represents two or more political
3496 subdivisions in the state.
3497 (2) The Volunteer Emergency Medical Service Personnel Health Insurance Program
3498 shall promote recruitment and retention of volunteer emergency medical service personnel by
3499 making health insurance available to volunteer emergency medical service personnel.
3500 (3) The department shall contract with a qualifying association to create, implement,
3501 and administer the Volunteer Emergency Medical Service Personnel Health Insurance Program
3502 described in this section.
3503 (4) Participation in the program is limited to emergency medical service personnel
3504 who:
3505 (a) are licensed under Section 26B-4-116 and are able to perform all necessary
3506 functions associated with the license;
3507 (b) provide emergency medical services under the direction of a local governmental
3508 entity:
3509 (i) by responding to 20% of calls for emergency medical services in a rolling
3510 twelve-month period;
3511 (ii) within a county of the third, fourth, fifth, or sixth class; and
3512 (iii) as a volunteer under the Fair Labor Standards Act, in accordance with 29 C.F.R.
3513 Sec. 553.106;
3514 (c) are not eligible for a health benefit plan through an employer or a spouse's
3515 employer;
3516 (d) are not eligible for medical coverage under a government sponsored healthcare
3517 program; and
3518 (e) reside in the state.
3519 (5) (a) A participant in the program is eligible to participate in PEHP in accordance
3520 with Subsection (5)(b) and Subsection 49-20-201(3).
3521 (b) Benefits available to program participants under PEHP are limited to health
3522 insurance that:
3523 (i) covers the program participant and the program participant's eligible dependents on
3524 a July 1 plan year;
3525 (ii) accepts enrollment during an open enrollment period or for a special enrollment
3526 event, including the initial eligibility of a program participant;
3527 (iii) if the program participant is no longer eligible for benefits, terminates on the last
3528 day of the last month for which the individual is a participant in the Volunteer Emergency
3529 Medical Service Personnel Health Insurance Program; and
3530 (iv) is not subject to continuation rights under state or federal law.
3531 (6) (a) The department may make rules in accordance with Title 63G, Chapter 3, Utah
3532 Administrative Rulemaking Act, to define additional criteria regarding benefit design and
3533 eligibility for the program.
3534 (b) The department shall convene an advisory board:
3535 (i) to advise the department on making rules under Subsection (6)(a); and
3536 (ii) that includes representation from at least the following entities:
3537 (A) the qualifying association that receives the contract under Subsection (3); and
3538 (B) PEHP.
3539 (7) For purposes of this section, the qualifying association that receives the contract
3540 under Subsection (3) shall be considered the public agency for whom the program participant is
3541 volunteering under 29 C.F.R. Sec. 553.101.
3542 Section 40. Section 26B-4-152 (Superseded 07/01/24) is amended to read:
3543 26B-4-152 (Superseded 07/01/24). Establishment of maximum rates.
3544 (1) The department shall, after receiving recommendations under Subsection (2),
3545 establish maximum rates for ground ambulance providers and paramedic providers that are just
3546 and reasonable.
3547 (2) The committee may make recommendations to the department on the maximum
3548 rates that should be set under Subsection (1).
3549 (3) (a) [
3550 paramedic providers [
3551 provider does not transport the patient.
3552 (b) The provisions of Subsection (3)(a) do not apply to ambulance providers or
3553 paramedic providers in a geographic service area which contains a town as defined in
3554 Subsection 10-2-301(2)(f).
3555 Section 41. Section 26B-4-154 (Superseded 07/01/24) is amended to read:
3556 26B-4-154 (Superseded 07/01/24). Ground ambulance and paramedic licenses --
3557 Agency notice of approval.
3558 (1) [
3559 meets the minimum requirements for licensure under Section 26B-4-153, the department shall
3560 issue a notice of the approved application to the applicant.
3561 (2) A current license holder responding to a request for proposal under Section
3562 26B-4-156 is considered an approved applicant for purposes of Section 26B-4-156 if the
3563 current license holder, prior to responding to the request for proposal, submits the following to
3564 the department:
3565 (a) the information described in Subsections 26B-4-153(4)(a)(i) through (iii); and
3566 (b) (i) if the license holder is a private entity, a financial statement, a pro forma budget
3567 and necessary letters of credit demonstrating a financial ability to expand service to a new
3568 service area; or
3569 (ii) if the license holder is a governmental entity, a letter from the governmental entity's
3570 governing body demonstrating the governing body's willingness to financially support the
3571 application.
3572 Section 42. Section 26B-4-201 is amended to read:
3573 26B-4-201. Definitions.
3574 As used in this part:
3575 (1) "Active tetrahydrocannabinol" means THC, any THC analog, and
3576 tetrahydrocannabinolic acid.
3577 (2) "Advertise" [
3578
3579 (a) to the public; and
3580 (b) that is not age restricted to an individual who is at least 21 years old.
3581 (3) "Advisory board" means the Medical Cannabis Policy Advisory Board created in
3582 Section 26B-1-435.
3583 (4) " Cannabis Research Review Board" means the Cannabis Research Review Board
3584 created in Section 26B-1-420.
3585 (5) "Cannabis" means marijuana.
3586 [
3587
3588 [
3589 Section 4-41a-102.
3590 [
3591 (a) is intended for human use; and
3592 (b) contains cannabis or any tetrahydrocannabinol or THC analog in a total
3593 concentration of 0.3% or greater on a dry weight basis.
3594 [
3595 in Section 4-41a-102.
3596 [
3597 defined in Section 4-41a-102.
3598 [
3599 same as that term is defined in Section 4-41a-102.
3600 [
3601
3602 [
3603 card that the department issues in accordance with Subsection 26B-4-213(1)(b) to allow an
3604 applicant for a medical cannabis card to access medical cannabis during the department's
3605 review of the application.
3606 [
3607 created in Section 58-37f-201.
3608 [
3609 (a) for a medical cannabis cardholder who is not a facility, the medical cannabis
3610 cardholder's home address; or
3611 (b) for a medical cannabis cardholder that is a facility, the facility's address.
3612 [
3613 [
3614 (a) an individual:
3615 (i) whom an individual with a medical cannabis patient card or a medical cannabis
3616 guardian card designates as the patient's caregiver; and
3617 (ii) who registers with the department under Section 26B-4-214; or
3618 (b) (i) a facility that an individual designates as a designated caregiver in accordance
3619 with Subsection 26B-4-214(1)(b); or
3620 (ii) an assigned employee of the facility described in Subsection 26B-4-214(1)(b)(ii).
3621 [
3622 medical cannabis treatment and suggested usage guidelines.
3623 [
3624 for a recommended treatment of medical cannabis.
3625 [
3626
3627 [
3628 of identification:
3629 (a) a valid state-issued driver license or identification card;
3630 (b) a valid United States federal-issued photo identification, including:
3631 (i) a United States passport;
3632 (ii) a United States passport card;
3633 (iii) a United States military identification card; or
3634 (iv) a permanent resident card or alien registration receipt card; or
3635 (c) a foreign passport.
3636 [
3637 pharmacy that the department authorizes, as part of the pharmacy's license, to deliver medical
3638 cannabis shipments to a delivery address to fulfill electronic orders that the state central patient
3639 portal facilitates.
3640 [
3641 4-41a-103.
3642 [
3643 (a) is sufficient to provide 30 days of treatment based on the dosing guidelines that the
3644 relevant recommending medical provider or the state central patient portal or pharmacy
3645 medical provider, in accordance with Subsection 26B-4-230(5), recommends; and
3646 (b) may not exceed:
3647 (i) for unprocessed cannabis in a medicinal dosage form, 113 grams by weight; and
3648 (ii) for a cannabis product in a medicinal dosage form, a quantity that contains, in total,
3649 greater than 20 grams of active tetrahydrocannabinol.
3650 [
3651 unprocessed cannabis flower:
3652 (a) that is 60 days after the date of purchase of the cannabis; and
3653 (b) after which, the cannabis is no longer in a medicinal dosage form outside of the
3654 primary residence of the relevant medical cannabis patient cardholder.
3655 [
3656 (a) meets the recommending qualifications; and
3657 (b) has no more than 15 patients with a valid medical cannabis patient card [
3658
3659 Subsection 26B-4-204(1)(b).
3660 [
3661 [
3662 cannabis product in a medicinal dosage form.
3663 [
3664 cannabis guardian card, a medical cannabis caregiver card, or a conditional medical cannabis
3665 card.
3666 [
3667 (a) a holder of a medical cannabis card; or
3668 (b) a facility or assigned employee, described in Subsection(17)(b), only:
3669 (i) within the scope of the facility's or assigned employee's performance of the role of a
3670 medical cannabis patient cardholder's caregiver designation under Subsection 26B-4-214(1)(b);
3671 and
3672 (ii) while in possession of documentation that establishes:
3673 (A) a caregiver designation described in Subsection 26B-4-214(1)(b);
3674 (B) the identity of the individual presenting the documentation; and
3675 (C) the relation of the individual presenting the documentation to the caregiver
3676 designation.
3677 [
3678 cardholder may print or store on an electronic device or a physical card or document that:
3679 (a) the department issues to an individual whom a medical cannabis patient cardholder
3680 or a medical cannabis guardian cardholder designates as a designated caregiver; and
3681 (b) is connected to the electronic verification system.
3682 [
3683 Section 4-41a-102.
3684 [
3685
3686 [
3687 ingest or inhale cannabis in a medicinal dosage form or a cannabis product in a medicinal
3688 dosage form.
3689 (b) "Medical cannabis device" does not include a device that:
3690 (i) facilitates cannabis combustion; or
3691 (ii) an individual uses to ingest substances other than cannabis.
3692 [
3693 cardholder may print or store on an electronic device or a physical card or document that:
3694 (a) the department issues to the parent or legal guardian of a minor with a qualifying
3695 condition; and
3696 (b) is connected to the electronic verification system.
3697 [
3698 cardholder may print or store on an electronic device or a physical card or document that:
3699 (a) the department issues to an individual with a qualifying condition; and
3700 (b) is connected to the electronic verification system.
3701 [
3702 (a) (i) acquires or intends to acquire medical cannabis or a cannabis product in a
3703 medicinal dosage form from a cannabis processing facility or another medical cannabis
3704 pharmacy or a medical cannabis device; or
3705 (ii) possesses medical cannabis or a medical cannabis device; and
3706 (b) sells or intends to sell medical cannabis or a medical cannabis device to a medical
3707 cannabis cardholder.
3708 [
3709 medical cannabis pharmacy agent registration card issued by the department.
3710 [
3711 card issued by the department that authorizes an individual to act as a medical cannabis
3712 pharmacy agent.
3713 [
3714 Section 4-41a-102.
3715 [
3716 cannabis product in a medicinal dosage form, or a medical cannabis device.
3717 [
3718 (i) for processed medical cannabis or a medical cannabis product, the following with a
3719 specific and consistent cannabinoid content:
3720 (A) a tablet;
3721 (B) a capsule;
3722 (C) a concentrated liquid or viscous oil;
3723 (D) a liquid suspension that[
3724 milliliters;
3725 (E) a topical preparation;
3726 (F) a transdermal preparation;
3727 (G) a sublingual preparation;
3728 (H) a gelatinous cube, gelatinous rectangular cuboid, or lozenge in a cube or
3729 rectangular cuboid shape;
3730 (I) a resin or wax; or
3731 (J) an aerosol; or
3732 (ii) for unprocessed cannabis flower, a container described in Section 4-41a-602 that:
3733 (A) contains cannabis [
3734 from the stated weight at the time of packaging;
3735 (B) at any time the medical cannabis cardholder transports or possesses the container in
3736 public, is contained within an opaque bag or box that the medical cannabis pharmacy provides;
3737 and
3738 (C) is labeled with the container's content and weight, the date of purchase, the legal
3739 use termination date, and [
3740 connected to an inventory control system .
3741 (b) "Medicinal dosage form" includes a portion of unprocessed cannabis flower that:
3742 (i) the medical cannabis cardholder has recently removed from the container described
3743 in Subsection (42)(a)(ii) for use; and
3744 (ii) does not exceed the quantity described in Subsection (42)(a)(ii).
3745 (c) "Medicinal dosage form" does not include:
3746 (i) any unprocessed cannabis flower outside of the container described in Subsection
3747 (42)(a)(ii), except as provided in Subsection (42)(b);
3748 (ii) any unprocessed cannabis flower in a container described in Subsection (42)(a)(ii)
3749 after the legal use termination date;
3750 (iii) a process of vaporizing and inhaling concentrated cannabis by placing the cannabis
3751 on a nail or other metal object that is heated by a flame, including a blowtorch;
3752 (iv) a liquid suspension that is branded as a beverage; or
3753 (v) a substance described in Subsection (42)(a)(i) or (ii) if the substance is not
3754 measured in grams, milligrams, or milliliters.
3755 [
3756 (a) is not a resident of Utah or has been a resident of Utah for less than 45 days;
3757 (b) has a currently valid medical cannabis card or the equivalent of a medical cannabis
3758 card under the laws of another state, district, territory, commonwealth, or insular possession of
3759 the United States; and
3760 (c) has been diagnosed with a qualifying condition as described in Section 26B-4-203.
3761 [
3762
3763
3764 [
3765 site at a medical cannabis pharmacy under Section 26B-4-219.
3766 [
3767 (a) the department issues to a minor with a qualifying condition for whom:
3768 (i) a recommending medical provider has recommended a medical cannabis treatment;
3769 and
3770 (ii) the department issues a medical cannabis guardian card to the minor's parent or
3771 legal guardian; and
3772 (b) is connected to the electronic verification system.
3773 [
3774 (a) who meets the recommending qualifications; and
3775 (b) whom the department registers to recommend treatment with cannabis in a
3776 medicinal dosage form under Section 26B-4-204.
3777 [
3778 Section 26B-1-310.
3779 [
3780 [
3781 provider, the act of suggesting the use of medical cannabis treatment, which:
3782 (a) certifies the patient's eligibility for a medical cannabis card; and
3783 (b) may include, at the recommending medical provider's discretion, directions of use,
3784 with or without dosing guidelines.
3785 [
3786 limited medical provider.
3787 [
3788 (a) (i) has the authority to write a prescription;
3789 (ii) is licensed to prescribe a controlled substance under Title 58, Chapter 37, Utah
3790 Controlled Substances Act; and
3791 (iii) possesses the authority, in accordance with the individual's scope of practice, to
3792 prescribe a Schedule II controlled substance; and
3793 (b) is licensed as:
3794 (i) a podiatrist under Title 58, Chapter 5a, Podiatric Physician Licensing Act;
3795 (ii) an advanced practice registered nurse under Title 58, Chapter 31b, Nurse Practice
3796 Act;
3797 (iii) a physician under Title 58, Chapter 67, Utah Medical Practice Act, or Title 58,
3798 Chapter 68, Utah Osteopathic Medical Practice Act; or
3799 (iv) a physician assistant under Title 58, Chapter 70a, Utah Physician Assistant Act.
3800 [
3801 accordance with Section 26B-4-236, to facilitate patient safety, education, and an electronic
3802 medical cannabis order.
3803 [
3804 26B-4-202.
3805 [
3806
3807
3808 [
3809
3810 [
3811 [
3812 [
3813 [
3814 [
3815 [
3816 [
3817 cannabis or a synthetic equivalent as described in Subsection 58-37-4(2)(a)(iii)(AA).
3818 [
3819 Section 43. Section 26B-4-202 is amended to read:
3820 26B-4-202. Electronic verification system.
3821 (1) The Department of Agriculture and Food, the department, the Department of Public
3822 Safety, and the Division of Technology Services shall:
3823 (a) enter into a memorandum of understanding in order to determine the function and
3824 operation of the state electronic verification system in accordance with Subsection (2);
3825 (b) coordinate with the Division of Purchasing, under Title 63G, Chapter 6a, Utah
3826 Procurement Code, to develop a request for proposals for a third-party provider to develop and
3827 maintain the state electronic verification system in coordination with the Division of
3828 Technology Services; and
3829 (c) select a third-party provider who:
3830 (i) meets the requirements contained in the request for proposals issued under
3831 Subsection (1)(b); and
3832 (ii) may not have any commercial or ownership interest in a cannabis production
3833 establishment or a medical cannabis pharmacy.
3834 (2) The Department of Agriculture and Food, the department, the Department of Public
3835 Safety, and the Division of Technology Services shall ensure that the state electronic
3836 verification system described in Subsection (1):
3837 (a) allows an individual to apply for a medical cannabis patient card or, if applicable, a
3838 medical cannabis guardian card, provided that the card may not become active until:
3839 (i) the relevant qualified medical provider completes the associated medical cannabis
3840 recommendation; or
3841 (ii) for a medical cannabis card related to a limited medical provider's
3842 recommendation, the medical cannabis pharmacy completes the recording described in
3843 Subsection (2)(d);
3844 (b) allows an individual to apply to renew a medical cannabis patient card or a medical
3845 cannabis guardian card in accordance with Section 26B-4-213;
3846 (c) allows a qualified medical provider, or an employee described in Subsection (3)
3847 acting on behalf of the qualified medical provider, to:
3848 (i) access dispensing and card status information regarding a patient:
3849 (A) with whom the qualified medical provider has a provider-patient relationship; and
3850 (B) for whom the qualified medical provider has recommended or is considering
3851 recommending a medical cannabis card;
3852 (ii) electronically [
3853 medicinal dosage form or a cannabis product in a medicinal dosage form and optionally
3854 recommend dosing guidelines;
3855 (iii) electronically renew a recommendation to a medical cannabis patient cardholder or
3856 medical cannabis guardian cardholder:
3857 (A) using telehealth services, for the qualified medical provider who originally
3858 recommended a medical cannabis treatment during a face-to-face visit with the patient; or
3859 (B) during a face-to-face visit with the patient, for a qualified medical provider who
3860 did not originally recommend the medical cannabis treatment during a face-to-face visit
3861 (iv) submit an initial application, renewal application, or application payment on behalf
3862 of an individual applying for any of the following:
3863 (A) a medical cannabis patient card;
3864 (B) a medical cannabis guardian card; or
3865 (C) a medical cannabis caregiver card;
3866 (d) allows a medical cannabis pharmacy medical provider or medical cannabis
3867 pharmacy agent, in accordance with Subsection 4-41a-1101(10)(a), to:
3868 (i) access the electronic verification system to review the history within the system of a
3869 patient with whom the provider or agent is interacting, limited to read-only access for medical
3870 cannabis pharmacy agents unless the medical cannabis pharmacy's pharmacist in charge
3871 authorizes add and edit access;
3872 (ii) record a patient's recommendation from a limited medical provider, including any
3873 directions of use, dosing guidelines, or caregiver indications from the limited medical provider;
3874 (iii) record a limited medical provider's renewal of the provider's previous
3875 recommendation; and
3876 (iv) submit an initial application, renewal application, or application payment on behalf
3877 of an individual applying for any of the following:
3878 (A) a medical cannabis patient card;
3879 (B) a medical cannabis guardian card; or
3880 (C) a medical cannabis caregiver card;
3881 (e) connects with:
3882 (i) an inventory control system that a medical cannabis pharmacy uses to track in real
3883 time and archive purchases of any cannabis in a medicinal dosage form, cannabis product in a
3884 medicinal dosage form, or a medical cannabis device, including:
3885 (A) the time and date of each purchase;
3886 (B) the quantity and type of cannabis, cannabis product, or medical cannabis device
3887 purchased;
3888 (C) any cannabis production establishment, any medical cannabis pharmacy, or any
3889 medical cannabis courier associated with the cannabis, cannabis product, or medical cannabis
3890 device; and
3891 (D) the personally identifiable information of the medical cannabis cardholder who
3892 made the purchase; and
3893 (ii) any commercially available inventory control system that a cannabis production
3894 establishment utilizes in accordance with Section 4-41a-103 to use data that the Department of
3895 Agriculture and Food requires by rule, in accordance with Title 63G, Chapter 3, Utah
3896 Administrative Rulemaking Act, from the inventory tracking system that a licensee uses to
3897 track and confirm compliance;
3898 (f) provides access to:
3899 (i) the department to the extent necessary to carry out the department's functions and
3900 responsibilities under this part;
3901 (ii) the Department of Agriculture and Food to the extent necessary to carry out the
3902 functions and responsibilities of the Department of Agriculture and Food under Title 4, Chapter
3903 41a, Cannabis Production Establishments and Pharmacies; and
3904 (iii) the Division of Professional Licensing to the extent necessary to carry out the
3905 functions and responsibilities related to the participation of the following in the
3906 recommendation and dispensing of medical cannabis:
3907 (A) a podiatrist licensed under Title 58, Chapter 5a, Podiatric Physician Licensing Act;
3908 (B) a pharmacist licensed under Title 58, Chapter 17b, Pharmacy Practice Act;
3909 (C) an advanced practice registered nurse licensed under Title 58, Chapter 31b, Nurse
3910 Practice Act;
3911 (D) a physician licensed under Title 58, Chapter 67, Utah Medical Practice Act, or
3912 Title 58, Chapter 68, Utah Osteopathic Medical Practice Act; or
3913 (E) a physician assistant licensed under Title 58, Chapter 70a, Utah Physician Assistant
3914 Act;
3915 (g) provides access to and interaction with the state central patient portal;
3916 (h) communicates dispensing information from a record that a medical cannabis
3917 pharmacy submits to the state electronic verification system under Subsection
3918 4-41a-1102(3)(a)(ii) to the controlled substance database;
3919 (i) provides access to state or local law enforcement:
3920 (i) during a law enforcement encounter, without a warrant, using the individual's driver
3921 license or state ID, only for the purpose of determining if the individual subject to the law
3922 enforcement encounter has a valid medical cannabis card; or
3923 (ii) after obtaining a warrant; and
3924 (j) creates a record each time a person accesses the system that identifies the person
3925 who accesses the system and the individual whose records the person accesses.
3926 (3) (a) An employee of a qualified medical provider may access the electronic
3927 verification system for a purpose described in Subsection (2)(c) on behalf of the qualified
3928 medical provider if:
3929 (i) the qualified medical provider has designated the employee as an individual
3930 authorized to access the electronic verification system on behalf of the qualified medical
3931 provider;
3932 (ii) the qualified medical provider provides written notice to the department of the
3933 employee's identity and the designation described in Subsection (3)(a)(i); and
3934 (iii) the department grants to the employee access to the electronic verification system.
3935 (b) An employee of a business that employs a qualified medical provider may access
3936 the electronic verification system for a purpose described in Subsection (2)(c) on behalf of the
3937 qualified medical provider if:
3938 (i) the qualified medical provider has designated the employee as an individual
3939 authorized to access the electronic verification system on behalf of the qualified medical
3940 provider;
3941 (ii) the qualified medical provider and the employing business jointly provide written
3942 notice to the department of the employee's identity and the designation described in Subsection
3943 (3)(b)(i); and
3944 (iii) the department grants to the employee access to the electronic verification system.
3945 (4) (a) As used in this Subsection (4), "prescribing provider" means:
3946 (i) a podiatrist licensed under Title 58, Chapter 5a, Podiatric Physician Licensing Act;
3947 (ii) an advanced practice registered nurse licensed under Title 58, Chapter 31b, Nurse
3948 Practice Act;
3949 (iii) a physician licensed under Title 58, Chapter 67, Utah Medical Practice Act, or
3950 Title 58, Chapter 68, Utah Osteopathic Medical Practice Act; or
3951 (iv) a physician assistant licensed under Title 58, Chapter 70a, Utah Physician
3952 Assistant Act.
3953 (b) A prescribing provider may access information in the electronic verification system
3954 regarding a patient the prescribing provider treats.
3955 (5) The department may release limited data that the system collects for the purpose of:
3956 (a) conducting medical and other department approved research;
3957 (b) providing the report required by Section 26B-4-222; and
3958 (c) other official department purposes.
3959 (6) The department shall make rules, in accordance with Title 63G, Chapter 3, Utah
3960 Administrative Rulemaking Act, to establish:
3961 (a) the limitations on access to the data in the state electronic verification system as
3962 described in this section; and
3963 (b) standards and procedures to ensure accurate identification of an individual
3964 requesting information or receiving information in this section.
3965 (7) (a) Any person who knowingly and intentionally releases any information in the
3966 state electronic verification system in violation of this section is guilty of a third degree felony.
3967 (b) Any person who negligently or recklessly releases any information in the state
3968 electronic verification system in violation of this section is guilty of a class C misdemeanor.
3969 (8) (a) Any person who obtains or attempts to obtain information from the state
3970 electronic verification system by misrepresentation or fraud is guilty of a third degree felony.
3971 (b) Any person who obtains or attempts to obtain information from the state electronic
3972 verification system for a purpose other than a purpose this part authorizes is guilty of a third
3973 degree felony.
3974 (9) (a) Except as provided in Subsection (9)(e), a person may not knowingly and
3975 intentionally use, release, publish, or otherwise make available to any other person information
3976 obtained from the state electronic verification system for any purpose other than a purpose
3977 specified in this section.
3978 (b) Each separate violation of this Subsection (9) is:
3979 (i) a third degree felony; and
3980 (ii) subject to a civil penalty not to exceed $5,000.
3981 (c) The department shall determine a civil violation of this Subsection (9) in
3982 accordance with Title 63G, Chapter 4, Administrative Procedures Act.
3983 (d) Civil penalties assessed under this Subsection (9) shall be deposited into the
3984 General Fund.
3985 (e) This Subsection (9) does not prohibit a person who obtains information from the
3986 state electronic verification system under Subsection (2)(a), (c), or (f) from:
3987 (i) including the information in the person's medical chart or file for access by a person
3988 authorized to review the medical chart or file;
3989 (ii) providing the information to a person in accordance with the requirements of the
3990 Health Insurance Portability and Accountability Act of 1996; or
3991 (iii) discussing or sharing that information about the patient with the patient.
3992 Section 44. Section 26B-4-213 is amended to read:
3993 26B-4-213. Medical cannabis patient card -- Medical cannabis guardian card --
3994 Conditional medical cannabis card -- Application -- Fees -- Studies.
3995 (1) (a) Subject to Section 26B-4-246, within 15 days after the day on which an
3996 individual who satisfies the eligibility criteria in this section or Section 26B-4-214 submits an
3997 application in accordance with this section or Section 26B-4-214, the department shall:
3998 (i) issue a medical cannabis patient card to an individual described in Subsection
3999 (2)(a);
4000 (ii) issue a medical cannabis guardian card to an individual described in Subsection
4001 (2)(b);
4002 (iii) issue a provisional patient card to a minor described in Subsection (2)(c); and
4003 (iv) issue a medical cannabis caregiver card to an individual described in Subsection
4004 26B-4-214(4).
4005 (b) (i) Upon the entry of a recommending medical provider's medical cannabis
4006 recommendation for a patient in the state electronic verification system, either by the provider
4007 or the provider's employee or by a medical cannabis pharmacy medical provider or medical
4008 cannabis pharmacy in accordance with Subsection 4-41a-1101(10)(a), the department shall
4009 issue to the patient an electronic conditional medical cannabis card, in accordance with this
4010 Subsection (1)(b).
4011 (ii) A conditional medical cannabis card is valid for the lesser of:
4012 (A) 60 days; or
4013 (B) the day on which the department completes the department's review and issues a
4014 medical cannabis card under Subsection (1)(a), denies the patient's medical cannabis card
4015 application, or revokes the conditional medical cannabis card under Subsection (8).
4016 (iii) The department may issue a conditional medical cannabis card to an individual
4017 applying for a medical cannabis patient card for which approval of the Compassionate Use
4018 Board is not required.
4019 (iv) An individual described in Subsection (1)(b)(iii) has the rights, restrictions, and
4020 obligations under law applicable to a holder of the medical cannabis card for which the
4021 individual applies and for which the department issues the conditional medical cannabis card.
4022 (2) (a) An individual is eligible for a medical cannabis patient card if:
4023 (i) (A) the individual is at least 21 years old; or
4024 (B) the individual is 18, 19, or 20 years old, the individual petitions the Compassionate
4025 Use Board under Section 26B-1-421, and the Compassionate Use Board recommends
4026 department approval of the petition;
4027 (ii) the individual is a Utah resident;
4028 (iii) the individual's recommending medical provider recommends treatment with
4029 medical cannabis in accordance with Subsection (4);
4030 (iv) the individual signs an acknowledgment stating that the individual received the
4031 information described in Subsection (9); and
4032 (v) the individual pays to the department a fee in an amount that, subject to Subsection
4033 26B-1-310(5), the department sets in accordance with Section 63J-1-504.
4034 (b) (i) An individual is eligible for a medical cannabis guardian card if the individual:
4035 (A) is at least 18 years old;
4036 (B) is a Utah resident;
4037 (C) is the parent or legal guardian of a minor for whom the minor's qualified medical
4038 provider recommends a medical cannabis treatment, the individual petitions the Compassionate
4039 Use Board under Section 26B-1-421, and the Compassionate Use Board recommends
4040 department approval of the petition;
4041 (D) the individual signs an acknowledgment stating that the individual received the
4042 information described in Subsection (9);
4043 (E) pays to the department a fee in an amount that, subject to Subsection 26B-1-310(5),
4044 the department sets in accordance with Section 63J-1-504, plus the cost of the criminal
4045 background check described in Section 26B-4-215.
4046 (ii) The department shall notify the Department of Public Safety of each individual that
4047 the department registers for a medical cannabis guardian card.
4048 (c) (i) A minor is eligible for a provisional patient card if:
4049 (A) the minor has a qualifying condition;
4050 (B) the minor's qualified medical provider recommends a medical cannabis treatment
4051 to address the minor's qualifying condition;
4052 (C) one of the minor's parents or legal guardians petitions the Compassionate Use
4053 Board under Section 26B-1-421, and the Compassionate Use Board recommends department
4054 approval of the petition; and
4055 (D) the minor's parent or legal guardian is eligible for a medical cannabis guardian card
4056 under Subsection (2)(b) or designates a caregiver under Subsection (2)(d) who is eligible for a
4057 medical cannabis caregiver card under Section 26B-4-214.
4058 (ii) The department shall automatically issue a provisional patient card to the minor
4059 described in Subsection (2)(c)(i) at the same time the department issues a medical cannabis
4060 guardian card to the minor's parent or legal guardian.
4061 (d) If the parent or legal guardian of a minor described in Subsections (2)(c)(i)(A)
4062 through (C) does not qualify for a medical cannabis guardian card under Subsection (2)(b), the
4063 parent or legal guardian may designate up to two caregivers in accordance with Subsection
4064 26B-4-214(1)(c) to ensure that the minor has adequate and safe access to the recommended
4065 medical cannabis treatment.
4066 (3) (a) An individual who is eligible for a medical cannabis card described in
4067 Subsection (2)(a) or (b) shall submit an application for a medical cannabis card to the
4068 department:
4069 (i) through an electronic application connected to the state electronic verification
4070 system;
4071 (ii) with the recommending medical provider; and
4072 (iii) with information including:
4073 (A) the applicant's name, gender, age, and address;
4074 (B) the number of the applicant's government issued photo identification;
4075 (C) for a medical cannabis guardian card, the name, gender, and age of the minor
4076 receiving a medical cannabis treatment under the cardholder's medical cannabis guardian card;
4077 and
4078 (D) for a provisional patient card, the name of the minor's parent or legal guardian who
4079 holds the associated medical cannabis guardian card.
4080 (b) The department shall ensure that a medical cannabis card the department issues
4081 under this section contains the information described in Subsection (3)(a)(iii).
4082 (c) (i) If a recommending medical provider determines that, because of age, illness, or
4083 disability, a medical cannabis patient cardholder requires assistance in administering the
4084 medical cannabis treatment that the recommending medical provider recommends, the
4085 recommending medical provider may indicate the cardholder's need in the state electronic
4086 verification system, either directly or, for a limited medical provider, through the order
4087 described in Subsections 26B-4-204(1)(c) and (d).
4088 (ii) If a recommending medical provider makes the indication described in Subsection
4089 (3)(c)(i):
4090 (A) the department shall add a label to the relevant medical cannabis patient card
4091 indicating the cardholder's need for assistance;
4092 (B) any adult who is 18 years old or older and who is physically present with the
4093 cardholder at the time the cardholder needs to use the recommended medical cannabis
4094 treatment may handle the medical cannabis treatment and any associated medical cannabis
4095 device as needed to assist the cardholder in administering the recommended medical cannabis
4096 treatment; and
4097 (C) an individual of any age who is physically present with the cardholder in the event
4098 of an emergency medical condition, as that term is defined in Section 31A-1-301, may handle
4099 the medical cannabis treatment and any associated medical cannabis device as needed to assist
4100 the cardholder in administering the recommended medical cannabis treatment.
4101 (iii) A non-cardholding individual acting under Subsection (3)(c)(ii)(B) or (C) may not:
4102 (A) ingest or inhale medical cannabis;
4103 (B) possess, transport, or handle medical cannabis or a medical cannabis device outside
4104 of the immediate area where the cardholder is present or with an intent other than to provide
4105 assistance to the cardholder; or
4106 (C) possess, transport, or handle medical cannabis or a medical cannabis device when
4107 the cardholder is not in the process of being dosed with medical cannabis.
4108 (4) To recommend a medical cannabis treatment to a patient or to renew a
4109 recommendation, a recommending medical provider shall:
4110 (a) visit with the patient face-to-face for an initial recommendation unless the patient:
4111 (i) prefers a virtual visit; and
4112 (ii) (A) is on hospice or has a terminal illness according to the patient's medical
4113 provider; or
4114 (B) is a resident of an assisted living facility, as defined in Section 26B-2-201, or a
4115 nursing care facility, as defined in Section 26B-2-201;
4116 (b) before recommending or renewing a recommendation for medical cannabis in a
4117 medicinal dosage form or a cannabis product in a medicinal dosage form:
4118 (i) verify the patient's and, for a minor patient, the minor patient's parent or legal
4119 guardian's government issued photo identification described in Subsection (3)(a);
4120 (ii) review any record related to the patient and, for a minor patient, the patient's parent
4121 or legal guardian in:
4122 (A) for a qualified medical provider, the state electronic verification system; and
4123 (B) the controlled substance database created in Section 58-37f-201; and
4124 (iii) consider the recommendation in light of the patient's qualifying condition, history
4125 of substance use or opioid use disorder, and history of medical cannabis and controlled
4126 substance use during a visit with the patient; and
4127 (c) state in the recommending medical provider's recommendation that the patient:
4128 (i) suffers from a qualifying condition, including the type of qualifying condition; and
4129 (ii) may benefit from treatment with cannabis in a medicinal dosage form or a cannabis
4130 product in a medicinal dosage form.
4131 (5) (a) Except as provided in Subsection (5)(b) or (c), a medical cannabis card that the
4132 department issues under this section is valid for the lesser of:
4133 (i) an amount of time that the recommending medical provider determines; or
4134 (ii) one year from the day the card is issued.
4135 (b) (i) A medical cannabis card that the department issues in relation to a terminal
4136 illness described in Section 26B-4-203 expires after one year.
4137 (ii) The recommending medical provider may revoke a recommendation that the
4138 provider made in relation to a terminal illness described in Section 26B-4-203 if the medical
4139 cannabis cardholder no longer has the terminal illness.
4140 (c) A medical cannabis card that the department issues in relation to acute pain as
4141 described in Section 26B-4-203 expires 30 days after the day on which the department first
4142 issues a conditional or full medical cannabis card.
4143 (6) (a) A medical cannabis patient card or a medical cannabis guardian card is
4144 renewable if:
4145 (i) at the time of renewal, the cardholder meets the requirements of Subsection (2)(a) or
4146 (b); or
4147 (ii) the cardholder received the medical cannabis card through the recommendation of
4148 the Compassionate Use Board under Section 26B-1-421.
4149 (b) The recommending medical provider who made the underlying recommendation
4150 for the card of a cardholder described in Subsection (6)(a) may renew the cardholder's card
4151 through phone or video conference with the cardholder, at the recommending medical
4152 provider's discretion.
4153 (c) Before having access to a renewed card, a cardholder under Subsection (2)(a) or (b)
4154 shall pay to the department a renewal fee in an amount that:
4155 (i) subject to Subsection 26B-1-310(5), the department sets in accordance with Section
4156 63J-1-504; and
4157 (ii) may not exceed the cost of the relatively lower administrative burden of renewal in
4158 comparison to the original application process.
4159 (d) If a minor meets the requirements of Subsection (2)(c), the minor's provisional
4160 patient card renews automatically at the time the minor's parent or legal guardian renews the
4161 parent or legal guardian's associated medical cannabis guardian card.
4162 (7) (a) A cardholder under this section shall carry the cardholder's valid medical
4163 cannabis card with the patient's name.
4164 (b) (i) A medical cannabis patient cardholder or a provisional patient cardholder may
4165 purchase, in accordance with this part and the recommendation underlying the card, cannabis in
4166 a medicinal dosage form, a cannabis product in a medicinal dosage form, or a medical cannabis
4167 device.
4168 (ii) A cardholder under this section may possess or transport, in accordance with this
4169 part and the recommendation underlying the card, cannabis in a medicinal dosage form, a
4170 cannabis product in a medicinal dosage form, or a medical cannabis device.
4171 (iii) To address the qualifying condition underlying the medical cannabis treatment
4172 recommendation:
4173 (A) a medical cannabis patient cardholder or a provisional patient cardholder may use
4174 cannabis in a medicinal dosage form, a medical cannabis product in a medicinal dosage form,
4175 or a medical cannabis device; and
4176 (B) a medical cannabis guardian cardholder may assist the associated provisional
4177 patient cardholder with the use of cannabis in a medicinal dosage form, a medical cannabis
4178 product in a medicinal dosage form, or a medical cannabis device.
4179 (8) (a) The department may revoke a medical cannabis card that the department issues
4180 under this section if:
4181 (i) the recommending medical provider withdraws the medical provider's
4182 recommendation for medical cannabis; or
4183 (ii) the cardholder:
4184 (A) violates this part; or
4185 (B) is convicted under state or federal law of, after March 17, 2021, a drug distribution
4186 offense.
4187 (b) The department may not refuse to issue a medical cannabis card to a patient solely
4188 based on a prior revocation under Subsection (8)(a)(i).
4189 (9) The department shall establish by rule, in accordance with Title 63G, Chapter 3,
4190 Utah Administrative Rulemaking Act, a process to provide information regarding the following
4191 to an individual receiving a medical cannabis card:
4192 (a) risks associated with medical cannabis treatment;
4193 (b) the fact that a condition's listing as a qualifying condition does not suggest that
4194 medical cannabis treatment is an effective treatment or cure for that condition, as described in
4195 Subsection 26B-4-203(1); and
4196 (c) other relevant warnings and safety information that the department determines.
4197 (10) The department may establish procedures by rule, in accordance with Title 63G,
4198 Chapter 3, Utah Administrative Rulemaking Act, to implement the application and issuance
4199 provisions of this section.
4200 (11) (a) [
4201 in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, a process to
4202 allow an individual from another state to register with the department in order to purchase
4203 medical cannabis or a medical cannabis device from a medical cannabis pharmacy while the
4204 individual is visiting the state.
4205 (b) The department may only provide the registration process described in Subsection
4206 (11)(a):
4207 (i) to a nonresident patient; and
4208 (ii) for no more than two visitation periods per calendar year of up to 21 calendar days
4209 per visitation period.
4210 (12) (a) A person may submit to the department a request to conduct a research study
4211 using medical cannabis cardholder data that the state electronic verification system contains.
4212 (b) The department shall review a request described in Subsection (12)(a) to determine
4213 whether an institutional review board, as that term is defined in Section 26B-4-201, could
4214 approve the research study.
4215 (c) At the time an individual applies for a medical cannabis card, the department shall
4216 notify the individual:
4217 (i) of how the individual's information will be used as a cardholder;
4218 (ii) that by applying for a medical cannabis card, unless the individual withdraws
4219 consent under Subsection (12)(d), the individual consents to the use of the individual's
4220 information for external research; and
4221 (iii) that the individual may withdraw consent for the use of the individual's
4222 information for external research at any time, including at the time of application.
4223 (d) An applicant may, through the medical cannabis card application, and a medical
4224 cannabis cardholder may, through the state central patient portal, withdraw the applicant's or
4225 cardholder's consent to participate in external research at any time.
4226 (e) The department may release, for the purposes of a study described in this
4227 Subsection (12), information about a cardholder under this section who consents to participate
4228 under Subsection (12)(c).
4229 (f) If an individual withdraws consent under Subsection (12)(d), the withdrawal of
4230 consent:
4231 (i) applies to external research that is initiated after the withdrawal of consent; and
4232 (ii) does not apply to research that was initiated before the withdrawal of consent.
4233 (g) The department may establish standards for a medical research study's validity, by
4234 rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
4235 (13) The department shall record the issuance or revocation of a medical cannabis card
4236 under this section in the controlled substance database.
4237 Section 45. Section 26B-4-214 is amended to read:
4238 26B-4-214. Medical cannabis caregiver card -- Registration -- Renewal --
4239 Revocation.
4240 (1) (a) A cardholder described in Section 26B-4-213 may designate, through the state
4241 central patient portal, up to two individuals, or an individual and a facility in accordance with
4242 Subsection (1)(b), to serve as a designated caregiver for the cardholder.
4243 (b) (i) [
4244
4245 cardholder described in Section 26B-4-213 may designate one of the following types of
4246 facilities as one of the caregivers described in Subsection (1)(a):
4247 (A) for a patient or resident, an assisted living facility, as that term is defined in Section
4248 26B-2-201;
4249 (B) for a patient or resident, a nursing care facility, as that term is defined in Section
4250 26B-2-201; or
4251 (C) for a patient, a general acute hospital, as that term is defined in Section 26B-2-201.
4252 (ii) A facility may:
4253 (A) assign one or more employees to assist patients with medical cannabis treatment
4254 under the caregiver designation described in this Subsection (1)(b); and
4255 (B) receive a medical cannabis shipment from a medical cannabis pharmacy or a
4256 medical cannabis courier on behalf of the medical cannabis cardholder within the facility who
4257 designated the facility as a caregiver.
4258 (iii) The department shall make rules to regulate the practice of facilities and facility
4259 employees serving as designated caregivers under this Subsection (1)(b).
4260 (c) A parent or legal guardian described in Subsection 26B-4-213(2)(d), in consultation
4261 with the minor and the minor's qualified medical provider, may designate, through the state
4262 central patient portal, up to two individuals to serve as a designated caregiver for the minor, if
4263 the department determines that the parent or legal guardian is not eligible for a medical
4264 cannabis guardian card under Section 26B-4-213.
4265 (d) (i) [
4266
4267
4268 designation under Subsection (1) by a patient with a terminal illness described in Section
4269 26B-4-203, the department shall issue to the designated caregiver an electronic conditional
4270 medical cannabis caregiver card, in accordance with this Subsection (1)(d).
4271 (ii) A conditional medical cannabis caregiver card is valid for the lesser of:
4272 (A) 60 days; or
4273 (B) the day on which the department completes the department's review and issues a
4274 medical cannabis caregiver card under Subsection (1)(a), denies the patient's medical cannabis
4275 caregiver card application, or revokes the conditional medical cannabis caregiver card under
4276 26B-4-246.
4277 (iii) The department may issue a conditional medical cannabis card to an individual
4278 applying for a medical cannabis patient card for which approval of the Compassionate Use
4279 Board is not required.
4280 (iv) An individual described in Subsection (1)(b)(iii) has the rights, restrictions, and
4281 obligations under law applicable to a holder of the medical cannabis card for which the
4282 individual applies and for which the department issues the conditional medical cannabis card.
4283 (2) An individual that the department registers as a designated caregiver under this
4284 section and a facility described in Subsection (1)(b):
4285 (a) for an individual designated caregiver, may carry a valid medical cannabis caregiver
4286 card;
4287 (b) in accordance with this part, may purchase, possess, transport, or assist the patient
4288 in the use of cannabis in a medicinal dosage form, a cannabis product in a medicinal dosage
4289 form, or a medical cannabis device on behalf of the designating medical cannabis cardholder;
4290 (c) may not charge a fee to an individual to act as the individual's designated caregiver
4291 or for a service that the designated caregiver provides in relation to the role as a designated
4292 caregiver; and
4293 (d) may accept reimbursement from the designating medical cannabis cardholder for
4294 direct costs the designated caregiver incurs for assisting with the designating cardholder's
4295 medicinal use of cannabis.
4296 (3) (a) The department shall:
4297 (i) within 15 days after the day on which an individual submits an application in
4298 compliance with this section, issue a medical cannabis card to the applicant if the applicant:
4299 (A) is designated as a caregiver under Subsection (1);
4300 (B) is eligible for a medical cannabis caregiver card under Subsection (4); and
4301 (C) complies with this section; and
4302 (ii) notify the Department of Public Safety of each individual that the department
4303 registers as a designated caregiver.
4304 (b) The department shall ensure that a medical cannabis caregiver card contains the
4305 information described in Subsections (5)(b) and (3)(c)(i).
4306 (c) If a cardholder described in Section 26B-4-213 designates an individual as a
4307 caregiver who already holds a medical cannabis caregiver card, the individual with the medical
4308 cannabis caregiver card:
4309 (i) shall report to the department the information required of applicants under
4310 Subsection (5)(b) regarding the new designation;
4311 (ii) if the individual makes the report described in Subsection (3)(c)(i), is not required
4312 to file an application for another medical cannabis caregiver card;
4313 (iii) may receive an additional medical cannabis caregiver card in relation to each
4314 additional medical cannabis patient who designates the caregiver; and
4315 (iv) is not subject to an additional background check.
4316 (4) An individual is eligible for a medical cannabis caregiver card if the individual:
4317 (a) is at least 21 years old;
4318 (b) is a Utah resident;
4319 (c) pays to the department a fee in an amount that, subject to Subsection 26B-1-310(5),
4320 the department sets in accordance with Section 63J-1-504, plus the cost of the criminal
4321 background check described in Section 26B-4-215;
4322 (d) signs an acknowledgment stating that the applicant received the information
4323 described in Subsection 26B-4-213(9) .
4324 (5) An eligible applicant for a medical cannabis caregiver card shall:
4325 (a) submit an application for a medical cannabis caregiver card to the department
4326 through an electronic application connected to the state electronic verification system; and
4327 (b) submit the following information in the application described in Subsection (5)(a):
4328 (i) the applicant's name, gender, age, and address;
4329 (ii) the name, gender, age, and address of the cardholder described in Section
4330 26B-4-213 who designated the applicant;
4331 (iii) if a medical cannabis guardian cardholder designated the caregiver, the name,
4332 gender, and age of the minor receiving a medical cannabis treatment in relation to the medical
4333 cannabis guardian cardholder; and
4334 (iv) any additional information that the department requests to assist in matching the
4335 application with the designating medical cannabis patient.
4336 (6) Except as provided in Subsection (6)(b), a medical cannabis caregiver card that the
4337 department issues under this section is valid for the lesser of:
4338 (a) an amount of time that the cardholder described in Section 26B-4-213 who
4339 designated the caregiver determines; or
4340 (b) the amount of time remaining before the card of the cardholder described in Section
4341 26B-4-213 expires.
4342 (7) (a) If a designated caregiver meets the requirements of Subsection (4), the
4343 designated caregiver's medical cannabis caregiver card renews automatically at the time the
4344 cardholder described in Section 26B-4-213 who designated the caregiver:
4345 (i) renews the cardholder's card; and
4346 (ii) renews the caregiver's designation, in accordance with Subsection (7)(b).
4347 (b) The department shall provide a method in the card renewal process to allow a
4348 cardholder described in Section 26B-4-213 who has designated a caregiver to:
4349 (i) signify that the cardholder renews the caregiver's designation;
4350 (ii) remove a caregiver's designation; or
4351 (iii) designate a new caregiver.
4352 (8) The department shall record the issuance or revocation of a medical cannabis card
4353 under this section in the controlled substance database.
4354 Section 46. Section 26B-4-222 is amended to read:
4355 26B-4-222. Report.
4356 (1) By the November interim meeting each year, [
4357 shall report to the Health and Human Services Interim Committee on:
4358 (a) the number of applications and renewal applications filed for medical cannabis
4359 cards;
4360 (b) the number of qualifying patients and designated caregivers;
4361 (c) the nature of the debilitating medical conditions of the qualifying patients;
4362 (d) the age and county of residence of cardholders;
4363 (e) the number of medical cannabis cards revoked;
4364 (f) the number of practitioners providing recommendations for qualifying patients;
4365 (g) the number of license applications and renewal license applications received;
4366 (h) the number of licenses the department has issued in each county;
4367 (i) the number of licenses the department has revoked;
4368 (j) the quantity of medical cannabis shipments that the state central patient portal
4369 facilitates;
4370 (k) the number of overall purchases of medical cannabis and medical cannabis products
4371 from each medical cannabis pharmacy;
4372 (l) the expenses incurred and revenues generated from the medical cannabis program;
4373 and
4374 (m) an analysis of product availability in medical cannabis pharmacies in
4375 [
4376 (2) The report shall include information provided by the Center for Medical Cannabis
4377 Research described in Section 53B-17-1402.
4378 (3) The department may not include personally identifying information in the report
4379 described in this section.
4380 (4) The department shall report to the working group described in Section 36-12-8.2 as
4381 requested by the working group.
4382 Section 47. Section 26B-4-245 is amended to read:
4383 26B-4-245. Purchasing and use limitations.
4384 An individual with a medical cannabis card:
4385 (1) may purchase, in any one 28-day period, up to the legal dosage limit of:
4386 (a) unprocessed cannabis in a medicinal dosage form; and
4387 (b) a cannabis product in a medicinal dosage form;
4388 (2) may not purchase:
4389 (a) more medical cannabis than described in Subsection (1)(a); or
4390 (b) if the relevant recommending medical provider did not recommend directions of
4391 use and dosing guidelines, until the individual consults with the pharmacy medical provider in
4392 accordance with Subsection [
4393 [
4394 provider or the pharmacy medical provider, in accordance with Subsection [
4395 26B-4-231(5), has not recommended.
4396 Section 48. Section 26B-4-701 is amended to read:
4397 26B-4-701. Definitions.
4398 As used in this part:
4399 (1) "Accredited clinical education program" means a clinical education program for a
4400 health care profession that is accredited by the Accreditation Council on Graduate Medical
4401 Education.
4402 (2) "Accredited clinical training program" means a clinical training program that is
4403 accredited by an entity recognized within medical education circles as an accrediting body for
4404 medical education, advanced practice nursing education, physician [
4405 education, doctor of pharmacy education, dental education, or registered nursing education.
4406 (3) "Centers for Medicare and Medicaid Services" means the Centers for Medicare and
4407 Medicaid Services within the United States Department of Health and Human Services.
4408 (4) "Health care professionals in training" means medical students and residents,
4409 [
4410 students, dental students, and registered nursing students.
4411 (5) "Hospital" means a general acute hospital, as defined in Section 26B-2-201.
4412 (6) "Physician" means a person:
4413 (a) licensed as a physician under Title 58, Chapter 67, Utah Medical Practice Act; or
4414 (b) licensed as a physician under Title 58, Chapter 68, Utah Osteopathic Medical
4415 Practice Act.
4416 (7) "Rural county" means a county [
4417
4418 [
4419
4420 [
4421
4422 (8) "Rural hospital" means a hospital located within a rural county.
4423 (9) "UMEC" means the Utah Medical Education Council created in Section
4424 26B-4-706.
4425 Section 49. Section 26B-5-101 is amended to read:
4426 26B-5-101. Chapter definitions.
4427 As used in this chapter:
4428 (1) "Criminal risk factors" means a person's characteristics and behaviors that:
4429 (a) affect the person's risk of engaging in criminal behavior; and
4430 (b) are diminished when addressed by effective treatment, supervision, and other
4431 support resources, resulting in reduced risk of criminal behavior.
4432 (2) "Director" means the director appointed under Section 26B-5-103.
4433 (3) "Division" means the Division of Integrated Healthcare created in Section
4434 [
4435 (4) "Local mental health authority" means a county legislative body.
4436 (5) "Local substance abuse authority" means a county legislative body.
4437 (6) "Mental health crisis" means:
4438 (a) a mental health condition that manifests in an individual by symptoms of sufficient
4439 severity that a prudent layperson who possesses an average knowledge of mental health issues
4440 could reasonably expect the absence of immediate attention or intervention to result in:
4441 (i) serious danger to the individual's health or well-being; or
4442 (ii) a danger to the health or well-being of others; or
4443 (b) a mental health condition that, in the opinion of a mental health therapist or the
4444 therapist's designee, requires direct professional observation or intervention.
4445 (7) "Mental health crisis response training" means community-based training that
4446 educates laypersons and professionals on the warning signs of a mental health crisis and how to
4447 respond.
4448 (8) "Mental health crisis services" means an array of services provided to an individual
4449 who experiences a mental health crisis, which may include:
4450 (a) direct mental health services;
4451 (b) on-site intervention provided by a mobile crisis outreach team;
4452 (c) the provision of safety and care plans;
4453 (d) prolonged mental health services for up to 90 days after the day on which an
4454 individual experiences a mental health crisis;
4455 (e) referrals to other community resources;
4456 (f) local mental health crisis lines; and
4457 (g) the statewide mental health crisis line.
4458 (9) "Mental health therapist" means the same as that term is defined in Section
4459 58-60-102.
4460 (10) "Mobile crisis outreach team" or "MCOT" means a mobile team of medical and
4461 mental health professionals that, in coordination with local law enforcement and emergency
4462 medical service personnel, provides mental health crisis services.
4463 (11) "Office" means the Office of Substance Use and Mental Health created in Section
4464 26B-5-102.
4465 (12) (a) "Public funds" means federal money received from the department, and state
4466 money appropriated by the Legislature to the department, a county governing body, or a local
4467 substance abuse authority, or a local mental health authority for the purposes of providing
4468 substance abuse or mental health programs or services.
4469 (b) "Public funds" include federal and state money that has been transferred by a local
4470 substance abuse authority or a local mental health authority to a private provider under an
4471 annual or otherwise ongoing contract to provide comprehensive substance abuse or mental
4472 health programs or services for the local substance abuse authority or local mental health
4473 authority. The money maintains the nature of "public funds" while in the possession of the
4474 private entity that has an annual or otherwise ongoing contract with a local substance abuse
4475 authority or a local mental health authority to provide comprehensive substance use or mental
4476 health programs or services for the local substance abuse authority or local mental health
4477 authority.
4478 (c) Public funds received for the provision of services under substance use or mental
4479 health service plans may not be used for any other purpose except those authorized in the
4480 contract between the local mental health or substance abuse authority and provider for the
4481 provision of plan services.
4482 (13) "Severe mental disorder" means schizophrenia, major depression, bipolar
4483 disorders, delusional disorders, psychotic disorders, and other mental disorders as defined by
4484 the division.
4485 (14) "Stabilization services" means in-home services provided to a child with, or who
4486 is at risk for, complex emotional and behavioral needs, including teaching the child's parent or
4487 guardian skills to improve family functioning.
4488 (15) "Statewide mental health crisis line" means the same as that term is defined in
4489 Section 26B-5-610.
4490 (16) "System of care" means a broad, flexible array of services and supports that:
4491 (a) serve a child with or who is at risk for complex emotional and behavioral needs;
4492 (b) are community based;
4493 (c) are informed about trauma;
4494 (d) build meaningful partnerships with families and children;
4495 (e) integrate service planning, service coordination, and management across state and
4496 local entities;
4497 (f) include individualized case planning;
4498 (g) provide management and policy infrastructure that supports a coordinated network
4499 of interdepartmental service providers, contractors, and service providers who are outside of
4500 the department; and
4501 (h) are guided by the type and variety of services needed by a child with or who is at
4502 risk for complex emotional and behavioral needs and by the child's family.
4503 Section 50. Section 26B-5-403 is amended to read:
4504 26B-5-403. Residential and inpatient settings -- Commitment proceeding -- Child
4505 in physical custody of local mental health authority.
4506 (1) A child may receive services from a local mental health authority in an inpatient or
4507 residential setting only after a commitment proceeding, for the purpose of transferring physical
4508 custody, has been conducted in accordance with the requirements of this section.
4509 (2) That commitment proceeding shall be initiated by a petition for commitment, and
4510 shall be a careful, diagnostic inquiry, conducted by a neutral and detached fact finder, pursuant
4511 to the procedures and requirements of this section. If the findings described in Subsection (4)
4512 exist, the proceeding shall result in the transfer of physical custody to the appropriate local
4513 mental health authority, and the child may be placed in an inpatient or residential setting.
4514 (3) The neutral and detached fact finder who conducts the inquiry:
4515 (a) shall be a designated examiner; and
4516 (b) may not profit, financially or otherwise, from the commitment or physical
4517 placement of the child in that setting.
4518 (4) Upon determination by a fact finder that the following circumstances clearly exist,
4519 the fact finder may order that the child be committed to the physical custody of a local mental
4520 health authority:
4521 (a) the child has a mental illness;
4522 (b) the child demonstrates a reasonable fear of the risk of substantial danger to self or
4523 others;
4524 (c) the child will benefit from care and treatment by the local mental health authority;
4525 and
4526 (d) there is no appropriate less-restrictive alternative.
4527 (5) (a) The commitment proceeding before the neutral and detached fact finder shall be
4528 conducted in as informal manner as possible and in a physical setting that is not likely to have a
4529 harmful effect on the child.
4530 (b) The child, the child's parent or legal guardian, the petitioner, and a representative of
4531 the appropriate local mental health authority:
4532 (i) shall receive informal notice of the date and time of the proceeding; and
4533 (ii) may appear and address the petition for commitment.
4534 (c) The neutral and detached fact finder may, in the fact finder's discretion, receive the
4535 testimony of any other person.
4536 (d) The fact finder may allow a child to waive the child's right to be present at the
4537 commitment proceeding, for good cause shown. If that right is waived, the purpose of the
4538 waiver shall be made a matter of record at the proceeding.
4539 (e) At the time of the commitment proceeding, the appropriate local mental health
4540 authority, its designee, or the psychiatrist who has been in charge of the child's care prior to the
4541 commitment proceeding, shall provide the neutral and detached fact finder with the following
4542 information, as it relates to the period of current admission:
4543 (i) the petition for commitment;
4544 (ii) the admission notes;
4545 (iii) the child's diagnosis;
4546 (iv) physicians' orders;
4547 (v) progress notes;
4548 (vi) nursing notes; and
4549 (vii) medication records.
4550 (f) The information described in Subsection (5)(e) shall also be provided to the child's
4551 parent or legal guardian upon written request.
4552 (g) (i) The neutral and detached fact finder's decision of commitment shall state the
4553 duration of the commitment. Any commitment to the physical custody of a local mental health
4554 authority may not exceed 180 days. Prior to expiration of the commitment, and if further
4555 commitment is sought, a hearing shall be conducted in the same manner as the initial
4556 commitment proceeding, in accordance with the requirements of this section.
4557 (ii) At the conclusion of the hearing and subsequently in writing, when a decision for
4558 commitment is made, the neutral and detached fact finder shall inform the child and the child's
4559 parent or legal guardian of that decision and of the reasons for ordering commitment.
4560 (iii) The neutral and detached fact finder shall state in writing the basis of the decision,
4561 with specific reference to each of the criteria described in Subsection (4), as a matter of record.
4562 (6) A child may be temporarily committed for a maximum of 72 hours, excluding
4563 Saturdays, Sundays, and legal holidays, to the physical custody of a local mental health
4564 authority in accordance with the procedures described in Section 26B-5-331 and upon
4565 satisfaction of the risk factors described in Subsection (4). A child who is temporarily
4566 committed shall be released at the expiration of the 72 hours unless the procedures and findings
4567 required by this section for the commitment of a child are satisfied.
4568 (7) A local mental health authority shall have physical custody of each child committed
4569 to it under this section. The parent or legal guardian of a child committed to the physical
4570 custody of a local mental health authority under this section, retains legal custody of the child,
4571 unless legal custody has been otherwise modified by a court of competent jurisdiction. In cases
4572 when the Division of Child and Family Services or the Division of Juvenile Justice and Youth
4573 Services has legal custody of a child, that division shall retain legal custody for purposes of this
4574 part.
4575 (8) The cost of caring for and maintaining a child in the physical custody of a local
4576 mental health authority shall be assessed to and paid by the child's parents, according to their
4577 ability to pay. For purposes of this section, the Division of Child and Family Services or the
4578 Division of Juvenile Justice and Youth Services shall be financially responsible, in addition to
4579 the child's parents, if the child is in the legal custody of either of those divisions at the time the
4580 child is committed to the physical custody of a local mental health authority under this section,
4581 unless Medicaid regulation or contract provisions specify otherwise. The Office of Recovery
4582 Services shall assist those divisions in collecting the costs assessed pursuant to this section.
4583 (9) Whenever application is made for commitment of a minor to a local mental health
4584 authority under any provision of this section by a person other than the child's parent or
4585 guardian, the local mental health authority or its designee shall notify the child's parent or
4586 guardian. The parents shall be provided sufficient time to prepare and appear at any scheduled
4587 proceeding.
4588 (10) (a) Each child committed pursuant to this section is entitled to an appeal within 30
4589 days after any order for commitment. The appeal may be brought on the child's own petition or
4590 on petition of the child's parent or legal guardian, to the juvenile court in the district where the
4591 child resides or is currently physically located. With regard to a child in the custody of the
4592 Division of Child and Family Services or the Division of Juvenile Justice and Youth Services,
4593 the attorney general's office shall handle the appeal, otherwise the appropriate county attorney's
4594 office is responsible for appeals brought pursuant to this Subsection (10)(a).
4595 (b) Upon receipt of the petition for appeal, the court shall appoint a designated
4596 examiner previously unrelated to the case, to conduct an examination of the child in accordance
4597 with the criteria described in Subsection (4), and file a written report with the court. The court
4598 shall then conduct an appeal hearing to determine whether the findings described in Subsection
4599 (4) exist by clear and convincing evidence.
4600 (c) Prior to the time of the appeal hearing, the appropriate local mental health authority,
4601 its designee, or the mental health professional who has been in charge of the child's care prior
4602 to commitment, shall provide the court and the designated examiner for the appeal hearing with
4603 the following information, as it relates to the period of current admission:
4604 (i) the original petition for commitment;
4605 (ii) admission notes;
4606 (iii) diagnosis;
4607 (iv) physicians' orders;
4608 (v) progress notes;
4609 (vi) nursing notes; and
4610 (vii) medication records.
4611 (d) Both the neutral and detached fact finder and the designated examiner appointed for
4612 the appeal hearing shall be provided with an opportunity to review the most current
4613 information described in Subsection (10)(c) prior to the appeal hearing.
4614 (e) The child, the child's parent or legal guardian, the person who submitted the
4615 original petition for commitment, and a representative of the appropriate local mental health
4616 authority shall be notified by the court of the date and time of the appeal hearing. Those
4617 persons shall be afforded an opportunity to appear at the hearing. In reaching its decision, the
4618 court shall review the record and findings of the neutral and detached fact finder, the report of
4619 the designated examiner appointed pursuant to Subsection (10)(b), and may, in its discretion,
4620 allow or require the testimony of the neutral and detached fact finder, the designated examiner,
4621 the child, the child's parent or legal guardian, the person who brought the initial petition for
4622 commitment, or any other person whose testimony the court deems relevant. The court may
4623 allow the child to waive the right to appear at the appeal hearing, for good cause shown. If that
4624 waiver is granted, the purpose shall be made a part of the court's record.
4625 (11) Each local mental health authority has an affirmative duty to conduct periodic
4626 evaluations of the mental health and treatment progress of every child committed to its physical
4627 custody under this section, and to release any child who has sufficiently improved so that the
4628 criteria justifying commitment no longer exist.
4629 (12) (a) A local mental health authority or its designee, in conjunction with the child's
4630 current treating mental health professional may release an improved child to a less restrictive
4631 environment, as they determine appropriate. Whenever the local mental health authority or its
4632 designee, and the child's current treating mental health professional, determine that the
4633 conditions justifying commitment no longer exist, the child shall be discharged and released to
4634 the child's parent or legal guardian. With regard to a child who is in the physical custody of the
4635 State Hospital, the treating psychiatrist or clinical director of the State Hospital shall be the
4636 child's current treating mental health professional.
4637 (b) A local mental health authority or its designee, in conjunction with the child's
4638 current treating mental health professional, is authorized to issue a written order for the
4639 immediate placement of a child not previously released from an order of commitment into a
4640 more restrictive environment, if the local authority or its designee and the child's current
4641 treating mental health professional has reason to believe that the less restrictive environment in
4642 which the child has been placed is exacerbating the child's mental illness, or increasing the risk
4643 of harm to self or others.
4644 (c) The written order described in Subsection (12)(b) shall include the reasons for
4645 placement in a more restrictive environment and shall authorize any peace officer to take the
4646 child into physical custody and transport the child to a facility designated by the appropriate
4647 local mental health authority in conjunction with the child's current treating mental health
4648 professional. Prior to admission to the more restrictive environment, copies of the order shall
4649 be personally delivered to the child, the child's parent or legal guardian, the administrator of the
4650 more restrictive environment, or the administrator's designee, and the child's former treatment
4651 provider or facility.
4652 (d) If the child has been in a less restrictive environment for more than 30 days and is
4653 aggrieved by the change to a more restrictive environment, the child or the child's
4654 representative may request a review within 30 days of the change, by a neutral and detached
4655 fact finder as described in Subsection (3). The fact finder shall determine whether:
4656 (i) the less restrictive environment in which the child has been placed is exacerbating
4657 the child's mental illness or increasing the risk of harm to self or others; or
4658 (ii) the less restrictive environment in which the child has been placed is not
4659 exacerbating the child's mental illness or increasing the risk of harm to self or others, in which
4660 case the fact finder shall designate that the child remain in the less restrictive environment.
4661 (e) Nothing in this section prevents a local mental health authority or its designee, in
4662 conjunction with the child's current mental health professional, from discharging a child from
4663 commitment or from placing a child in an environment that is less restrictive than that
4664 designated by the neutral and detached fact finder.
4665 (13) Each local mental health authority or its designee, in conjunction with the child's
4666 current treating mental health professional shall discharge any child who, in the opinion of that
4667 local authority, or its designee, and the child's current treating mental health professional, no
4668 longer meets the criteria specified in Subsection (4), except as provided by Section 26B-5-405.
4669 The local authority and the mental health professional shall assure that any further supportive
4670 services required to meet the child's needs upon release will be provided.
4671 (14) Even though a child has been committed to the physical custody of a local mental
4672 health authority under this section, the child is still entitled to additional due process
4673 proceedings, in accordance with Section [
4674 may affect a constitutionally protected liberty or privacy interest is administered. Those
4675 treatments include, but are not limited to, antipsychotic medication, electroshock therapy, and
4676 psychosurgery.
4677 Section 51. Section 26B-6-401 is amended to read:
4678 26B-6-401. Definitions.
4679 As used in this part:
4680 (1) "Approved provider" means a person approved by the division to provide
4681 [
4682 (2) "Board" means the Utah State Developmental Center Board created under Section
4683 26B-1-429.
4684 (3) (a) "Brain injury" means an acquired injury to the brain that is neurological in
4685 nature, including a cerebral vascular accident.
4686 (b) "Brain injury" does not include a deteriorating disease.
4687 (4) "Designated intellectual disability professional" means:
4688 (a) a psychologist licensed under Title 58, Chapter 61, Psychologist Licensing Act,
4689 who:
4690 (i) (A) has at least one year of specialized training in working with persons with an
4691 intellectual disability; or
4692 (B) has at least one year of clinical experience with persons with an intellectual
4693 disability; and
4694 (ii) is designated by the division as specially qualified, by training and experience, in
4695 the treatment of an intellectual disability; or
4696 (b) a clinical social worker, certified social worker, marriage and family therapist, or
4697 professional counselor, licensed under Title 58, Chapter 60, Mental Health Professional
4698 Practice Act, who:
4699 (i) has at least two years of clinical experience with persons with an intellectual
4700 disability; and
4701 (ii) is designated by the division as specially qualified, by training and experience, in
4702 the treatment of an intellectual disability.
4703 (5) "Deteriorating disease" includes:
4704 (a) multiple sclerosis;
4705 (b) muscular dystrophy;
4706 (c) Huntington's chorea;
4707 (d) Alzheimer's disease;
4708 (e) ataxia; or
4709 (f) cancer.
4710 (6) "Developmental center" means the Utah State Developmental Center, established in
4711 accordance with Part 5, Utah State Developmental Center.
4712 (7) "Director" means the director of the Division of Services for People with
4713 Disabilities.
4714 (8) "Direct service worker" means a person who provides services to a person with a
4715 disability:
4716 (a) when the services are rendered in:
4717 (i) the physical presence of the person with a disability; or
4718 (ii) a location where the person rendering the services has access to the physical
4719 presence of the person with a disability; and
4720 (b) (i) under a contract with the division;
4721 (ii) under a grant agreement with the division; or
4722 (iii) as an employee of the division.
4723 (9) (a) "Disability" means a severe, chronic disability that:
4724 (i) is attributable to:
4725 (A) an intellectual disability;
4726 (B) a condition that qualifies a person as a person with a related condition, as defined
4727 in 42 C.F.R. Sec. 435.1010;
4728 (C) a physical disability; or
4729 (D) a brain injury;
4730 (ii) is likely to continue indefinitely;
4731 (iii) (A) for a condition described in Subsection (9)(a)(i)(A), (B), or (C), results in a
4732 substantial functional limitation in three or more of the following areas of major life activity:
4733 (I) self-care;
4734 (II) receptive and expressive language;
4735 (III) learning;
4736 (IV) mobility;
4737 (V) self-direction;
4738 (VI) capacity for independent living; or
4739 (VII) economic self-sufficiency; or
4740 (B) for a condition described in Subsection (9)(a)(i)(D), results in a substantial
4741 limitation in three or more of the following areas:
4742 (I) memory or cognition;
4743 (II) activities of daily life;
4744 (III) judgment and self-protection;
4745 (IV) control of emotions;
4746 (V) communication;
4747 (VI) physical health; or
4748 (VII) employment; and
4749 (iv) requires a combination or sequence of special interdisciplinary or generic care,
4750 treatment, or other services that:
4751 (A) may continue throughout life; and
4752 (B) must be individually planned and coordinated.
4753 (b) "Disability" does not include a condition due solely to:
4754 (i) mental illness;
4755 (ii) personality disorder;
4756 (iii) deafness or being hard of hearing;
4757 (iv) visual impairment;
4758 (v) learning disability;
4759 (vi) behavior disorder;
4760 (vii) substance abuse; or
4761 (viii) the aging process.
4762 (10) "Division" means the Division of Services for People with Disabilities.
4763 (11) "Eligible to receive division services" or "eligibility" means qualification, based
4764 on criteria established by the division, to receive services that are administered by the division.
4765 (12) "Endorsed program" means a facility or program that:
4766 (a) is operated:
4767 (i) by the division; or
4768 (ii) under contract with the division; or
4769 (b) provides services to a person committed to the division under Part 6, Admission to
4770 an Intermediate Care Facility for People with an Intellectual Disability.
4771 (13) "Licensed physician" means:
4772 (a) an individual licensed to practice medicine under:
4773 (i) Title 58, Chapter 67, Utah Medical Practice Act; or
4774 (ii) Title 58, Chapter 68, Utah Osteopathic Medical Practice Act; or
4775 (b) a medical officer of the United States Government while in this state in the
4776 performance of official duties.
4777 (14) "Limited support services" means services that are administered by the division to
4778 individuals with a disability:
4779 (a) under a waiver authorized under 42 U.S.C. Sec. 1396n(c) by the Centers for
4780 Medicare and Medicaid Services that permits the division to limit services to an individual who
4781 is eligible to receive division services; and
4782 (b) through a program that:
4783 (i) was not operated by the division on or before January 1, 2020; and
4784 (ii) (A) limits the kinds of services that an individual may receive; or
4785 (B) sets a maximum total dollar amount for program services provided to each
4786 individual.
4787 (15) "Physical disability" means a medically determinable physical impairment that has
4788 resulted in the functional loss of two or more of a person's limbs.
4789 (16) "Public funds" means state or federal funds that are disbursed by the division.
4790 (17) "Resident" means an individual under observation, care, or treatment in an
4791 intermediate care facility for people with an intellectual disability.
4792 (18) "Sustainability fund" means the Utah State Developmental Center Long-Term
4793 Sustainability Fund created in Section 26B-1-331.
4794 Section 52. Section 26B-7-213 is amended to read:
4795 26B-7-213. Sexually transmitted infections -- Examinations by authorities --
4796 Treatment of infected persons.
4797 State, county, and municipal health officers within their respective jurisdictions may
4798 make examinations of persons reasonably suspected of being infected with [
4799 sexually transmitted infections. Persons infected with [
4800 infections shall be required to report for treatment to either a reputable physician or physician
4801 assistant and continue treatment until cured or to submit to treatment provided at public
4802 expense until cured.
4803 Section 53. Section 26B-7-215 is amended to read:
4804 26B-7-215. Sexually transmitted infections -- Examination and treatment of
4805 persons in prison or jail.
4806 (1) (a) All persons confined in any state, county, or city prison or jail shall be
4807 examined, and if infected, treated for [
4808 health authorities.
4809 (b) The prison authorities of every state, county, or city prison or jail shall make
4810 available to the health authorities such portion of the prison or jail as may be necessary for a
4811 clinic or hospital wherein all persons suffering with [
4812 infections at the time of the expiration of their terms of imprisonment, shall be isolated and
4813 treated at public expense until cured.
4814 (2) (a) The department may require persons suffering with [
4815 transmitted infections at the time of the expiration of their terms of imprisonment to report for
4816 treatment to a licensed physician or physician assistant or submit to treatment provided at
4817 public expense in lieu of isolation.
4818 (b) Nothing in this section shall interfere with the service of any sentence imposed by a
4819 court as a punishment for the commission of crime.
4820 Section 54. Section 26B-8-201 is amended to read:
4821 26B-8-201. Definitions.
4822 As used in this part:
4823 (1) "Dead body" means the same as that term is defined in Section 26B-8-101.
4824 (2) (a) "Death by violence" means death that resulted by the decedent's exposure to
4825 physical, mechanical, or chemical forces.
4826 (b) "Death by violence" includes death that appears to have been due to homicide,
4827 death that occurred during or in an attempt to commit rape, mayhem, kidnapping, robbery,
4828 burglary, housebreaking, extortion, or blackmail accompanied by threats of violence, assault
4829 with a dangerous weapon, assault with intent to commit any offense punishable by
4830 imprisonment for more than one year, arson punishable by imprisonment for more than one
4831 year, or any attempt to commit any of the foregoing offenses.
4832 (3) "Immediate relative" means an individual's spouse, child, parent, sibling,
4833 grandparent, or grandchild.
4834 (4) "Health care professional" means any of the following while acting in a
4835 professional capacity:
4836 (a) a physician licensed under Title 58, Chapter 67, Utah Medical Practice Act, or Title
4837 58, Chapter 68, Utah Osteopathic Medical Practice Act;
4838 (b) a physician assistant licensed under Title 58, Chapter 70a, Utah Physician Assistant
4839 Act; or
4840 (c) an advance practice registered nurse licensed under Subsection 58-31b-301(2)(e).
4841 (5) "Medical examiner" means the state medical examiner appointed pursuant to
4842 Section 26B-8-202 or a deputy appointed by the medical examiner.
4843 (6) "Medical examiner record" means:
4844 (a) all information that the medical examiner obtains regarding a decedent; [
4845 (b) reports that the medical examiner makes regarding a decedent[
4846 (c) all administrative forms and correspondence related to the decedent's case.
4847 (7) "Regional pathologist" means [
4848 pathologist licensed to practice medicine and surgery in the state, appointed by the medical
4849 examiner pursuant to Subsection 26B-8-202(3).
4850 (8) "Sudden death while in apparent good health" means apparently instantaneous
4851 death without obvious natural cause, death during or following an unexplained syncope or
4852 coma, or death during an acute or unexplained rapidly fatal illness.
4853 (9) "Sudden [
4854 child who was thought to be in good health or whose terminal illness appeared to be so mild
4855 that the possibility of a fatal outcome was not anticipated.
4856 (10) "Suicide" means death caused by an intentional and voluntary act of an individual
4857 who understands the physical nature of the act and intends by such act to accomplish
4858 self-destruction.
4859 (11) "Unattended death" means a death that occurs more than 365 days after the day on
4860 which a health care professional examined or treated the deceased individual for any purpose,
4861 including writing a prescription.
4862 (12) (a) "Unavailable for postmortem investigation" means that a dead body is:
4863 (i) transported out of state;
4864 (ii) buried at sea;
4865 (iii) cremated;
4866 (iv) processed by alkaline hydrolysis; or
4867 (v) otherwise made unavailable to the medical examiner for postmortem investigation
4868 or autopsy.
4869 (b) "Unavailable for postmortem investigation" does not include embalming or burial
4870 of a dead body pursuant to the requirements of law.
4871 (13) "Within the scope of the decedent's employment" means all acts reasonably
4872 necessary or incident to the performance of work, including matters of personal convenience
4873 and comfort not in conflict with specific instructions.
4874 Section 55. Section 26B-8-202 is amended to read:
4875 26B-8-202. Chief medical examiner -- Appointment -- Qualifications -- Authority.
4876 (1) The executive director[
4877
4878
4879 shall be licensed to practice medicine in the state and shall meet the qualifications of a forensic
4880 pathologist, certified by the American Board of Pathology.
4881 (2) (a) The medical examiner shall serve at the will of the executive director.
4882 (b) The medical examiner has authority to:
4883 (i) employ medical, technical and clerical personnel as may be required to effectively
4884 administer this chapter, subject to the rules of the department and the state merit system;
4885 (ii) conduct investigations and pathological examinations;
4886 (iii) perform autopsies authorized in this title;
4887 (iv) conduct or authorize necessary examinations on dead bodies; and
4888 (v) notwithstanding the provisions of Subsection 26B-8-321(3), retain tissues and
4889 biological samples:
4890 (A) for scientific purposes;
4891 (B) where necessary to accurately certify the cause and manner of death; or
4892 (C) for tissue from an unclaimed body, subject to Section 26B-8-225, in order to
4893 donate the tissue or biological sample to an individual who is affiliated with an established
4894 search and rescue dog organization, for the purpose of training a dog to search for human
4895 remains.
4896 (c) In the case of an unidentified body, the medical examiner shall authorize or conduct
4897 investigations, tests and processes in order to determine its identity as well as the cause of
4898 death.
4899 (3) The medical examiner may appoint regional pathologists, each of whom shall be
4900 approved by the executive director.
4901 Section 56. Section 26B-8-203 is amended to read:
4902 26B-8-203. County medical examiners.
4903 The county executive, with the advice and consent of the county legislative body and
4904 approval of the chief medical examiner, may appoint medical examiners for their respective
4905 counties.
4906 Section 57. Section 26B-8-205 is amended to read:
4907 26B-8-205. Jurisdiction of medical examiner.
4908 Upon notification under Section 26B-8-206 or investigation by the medical examiner's
4909 office, the medical examiner shall assume [
4910 appears that death:
4911 (1) was by violence, gunshot, suicide, or accident;
4912 (2) was sudden death while in apparent good health;
4913 (3) occurred unattended, except that an autopsy may only be performed in accordance
4914 with the provisions of Subsection 26B-8-207(3);
4915 (4) occurred under suspicious or unusual circumstances;
4916 (5) resulted from poisoning or overdose of drugs;
4917 (6) resulted from a disease that may constitute a threat to the public health;
4918 (7) resulted from disease, injury, toxic effect, or unusual exertion incurred within the
4919 scope of the decedent's employment;
4920 (8) was due to [
4921 (9) occurred while the decedent was in prison, jail, police custody, the state hospital, or
4922 in a detention or medical facility operated for the treatment of persons with a mental illness,
4923 persons who are emotionally disturbed, or delinquent persons;
4924 (10) resulted directly from the actions of a law enforcement officer, as defined in
4925 Section 53-13-103;
4926 (11) was associated with diagnostic or therapeutic procedures; or
4927 (12) was described in this section when request is made to assume custody by a county
4928 or district attorney or law enforcement agency in connection with a potential homicide
4929 investigation or prosecution.
4930 Section 58. Section 26B-8-207 is amended to read:
4931 26B-8-207. Custody of dead body and personal effects -- Examination of scene of
4932 death -- Preservation of body -- Autopsies.
4933 (1) (a) Upon notification of a death under Section 26B-8-206, the medical examiner
4934 shall assume [
4935 samples taken, and any article on or near the body which may aid the medical examiner in
4936 determining the cause of death except those articles which will assist the investigative agency
4937 to proceed without delay with the investigation.
4938 (b) In all cases the scene of the event may not be disturbed until authorization is given
4939 by the senior ranking peace officer from the law enforcement agency having jurisdiction of the
4940 case and conducting the investigation.
4941 (c) Where death appears to have occurred under circumstances listed in Section
4942 26B-8-205, the person or persons finding or having custody of the body, or jurisdiction over
4943 the investigation of the death, shall take reasonable precautions to preserve the body and body
4944 fluids so that minimum deterioration takes place.
4945 (d) A person may not move a body [
4946 medical examiner unless:
4947 (i) the medical examiner, or district attorney or county attorney that has criminal
4948 jurisdiction, authorizes the person to move the body;
4949 (ii) a designee of an individual listed in this Subsection (1)(d) authorizes the person to
4950 move the body;
4951 (iii) not moving the body would be an affront to public decency or impractical; or
4952 (iv) the medical examiner determines the cause of death is likely due to natural causes.
4953 (e) The body can under direction of the medical examiner or the medical examiner's
4954 designee be moved to a place specified by the medical examiner or the medical examiner's
4955 designee.
4956 (2) (a) If the medical examiner has [
4957 not clean or embalm the body without first obtaining the medical examiner's permission.
4958 (b) An intentional or knowing violation of Subsection (2)(a) is a class B misdemeanor.
4959 (3) (a) When the medical examiner assumes lawful [
4960 body under Subsection 26B-8-205(3) solely because the death was unattended, an autopsy may
4961 not be performed unless requested by the district attorney, county attorney having criminal
4962 jurisdiction, or law enforcement agency having jurisdiction of the place where the body is
4963 found.
4964 (b) The county attorney or district attorney and law enforcement agency having
4965 jurisdiction shall consult with the medical examiner to determine the need for an autopsy.
4966 (c) If the deceased chose not to be seen or treated by a health care professional for a
4967 spiritual or religious reason, a district attorney, county attorney, or law enforcement agency,
4968 may not request an autopsy or inquest under Subsection (3)(a) solely because of the deceased's
4969 choice.
4970 (d) The medical examiner or medical examiner's designee may not conduct a requested
4971 autopsy described in Subsection (3)(a) if the medical examiner or medical examiner's designee
4972 determines:
4973 (i) the request violates Subsection (3)(c); or
4974 (ii) the cause of death can be determined without performing an autopsy.
4975 Section 59. Section 26B-8-210 is amended to read:
4976 26B-8-210. Medical examiner to report death caused by prescribed controlled
4977 substance poisoning or overdose.
4978 (1) If a medical examiner determines that the death of a person who is 12 years old or
4979 older at the time of death resulted from poisoning or overdose involving a [
4980 controlled substance prescribed to the decedent, the medical examiner shall, within three
4981 business days after the day on which the medical examiner determines the cause of death, send
4982 a written report to the Division of Professional Licensing, created in Section 58-1-103, that
4983 includes:
4984 (a) the decedent's name;
4985 (b) each drug or other substance found in the decedent's system that may have
4986 contributed to the poisoning or overdose, if known; and
4987 (c) the name of each person the medical examiner has reason to believe may have
4988 prescribed a controlled substance described in Subsection (1)(b) to the decedent.
4989 (2) This section does not create a new cause of action.
4990 Section 60. Section 26B-8-217 is amended to read:
4991 26B-8-217. Records of medical examiner -- Confidentiality.
4992 (1) The medical examiner shall maintain complete, original records for the medical
4993 examiner record, which shall:
4994 (a) be properly indexed, giving the name, if known, or otherwise identifying every
4995 individual whose death is investigated;
4996 (b) indicate the place where the body was found;
4997 (c) indicate the date of death;
4998 (d) indicate the cause and manner of death;
4999 (e) indicate the occupation of the decedent, if available;
5000 (f) include all other relevant information concerning the death; and
5001 (g) include a full report and detailed findings of the autopsy or report of the
5002 investigation.
5003 (2) (a) Upon written request from an individual described in Subsections (2)(a)(i)
5004 through (iv), the medical examiner shall provide a copy of the [
5005
5006 [
5007 and any other specifically requested portions of the medical examiner record, if any, to any of
5008 the following:
5009 (i) a decedent's immediate relative;
5010 (ii) a decedent's legal representative;
5011 (iii) a physician or physician assistant who attended the decedent during the year before
5012 the decedent's death; or
5013 (iv) a county attorney, a district attorney, a criminal defense attorney, or other law
5014 enforcement official with jurisdiction, as necessary for the performance of the attorney or
5015 official's professional duties.
5016 (b) [
5017 designee of the director of an entity described in Subsections (2)(b)(i) through (iv), the medical
5018 examiner may provide a copy of [
5019
5020 medical examiner's record described in Subsection (2)(a), to any of the following entities as
5021 necessary for performance of the entity's official purposes:
5022 (i) a local health department;
5023 (ii) a local mental health authority;
5024 (iii) a public health authority; or
5025 (iv) another state or federal governmental agency.
5026 (c) The medical examiner may provide a copy of [
5027
5028 record described in Subsection (2)(a), if the [
5029 record relates to an issue of public health or safety, as further defined by rule made by the
5030 department in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
5031 (3) Reports provided under Subsection (2) may not include records that the medical
5032 examiner obtains from a third party in the course of investigating the decedent's death.
5033 (4) The medical examiner may provide a medical examiner record to a researcher who:
5034 (a) has an advanced degree;
5035 (b) (i) is affiliated with an accredited college or university, a hospital, or another
5036 system of care, including an emergency medical response or a local health agency; or
5037 (ii) is part of a research firm contracted with an accredited college or university, a
5038 hospital, or another system of care;
5039 (c) requests a medical examiner record for a research project or a quality improvement
5040 initiative that will have a public health benefit, as determined by the department; and
5041 (d) provides to the medical examiner an approval from:
5042 (i) the researcher's sponsoring organization; and
5043 (ii) the Utah Department of Health and Human Services Institutional Review Board.
5044 (5) Records provided under Subsection (4) may not include a third party record, unless:
5045 (a) a court has ordered disclosure of the third party record; and
5046 (b) disclosure is conducted in compliance with state and federal law.
5047 (6) A person who obtains a medical examiner record under Subsection (4) shall:
5048 (a) maintain the confidentiality of the medical examiner record by removing personally
5049 identifying information about a decedent or the decedent's family and any other information
5050 that may be used to identify a decedent before using the medical examiner record in research;
5051 (b) conduct any research within and under the supervision of the Office of the Medical
5052 Examiner, if the medical examiner record contains a third party record with personally
5053 identifiable information;
5054 (c) limit the use of a medical examiner record to the purpose for which the person
5055 requested the medical examiner record;
5056 (d) destroy a medical examiner record and the data abstracted from the medical
5057 examiner record at the conclusion of the research for which the person requested the medical
5058 examiner record;
5059 (e) reimburse the medical examiner, as provided in Section 26B-1-209, for any costs
5060 incurred by the medical examiner in providing a medical examiner record;
5061 (f) allow the medical examiner to review, before public release, a publication in which
5062 data from a medical examiner record is referenced or analyzed; and
5063 (g) provide the medical examiner access to the researcher's database containing data
5064 from a medical examiner record, until the day on which the researcher permanently destroys
5065 the medical examiner record and all data obtained from the medical examiner record.
5066 (7) The department may make rules, in accordance with Title 63G, Chapter 3, Utah
5067 Administrative Rulemaking Act, and in consideration of applicable state and federal law, to
5068 establish permissible uses and disclosures of a medical examiner record or other record
5069 obtained under this section.
5070 (8) Except as provided in this chapter or ordered by a court, the medical examiner may
5071 not disclose any part of a medical examiner record.
5072 (9) A person who obtains a medical examiner record under Subsection (4) is guilty of a
5073 class B misdemeanor, if the person fails to comply with the requirements of Subsections (6)(a)
5074 through (d).
5075 Section 61. Section 26B-8-221 is amended to read:
5076 26B-8-221. Authority of county attorney or district attorney to subpoena
5077 witnesses and compel testimony -- Determination if decedent died by unlawful means.
5078 (1) The district attorney or county attorney having criminal jurisdiction may subpoena
5079 witnesses and compel testimony concerning the death of any person and have such testimony
5080 reduced to writing under his direction and may employ a [
5081 purpose at the same compensation as is allowed to reporters in the district courts. When the
5082 testimony has been taken down by the [
5083 certified, shall constitute the deposition of the witness.
5084 (2) Upon review of all facts and testimony taken concerning the death of a person, the
5085 district attorney or county attorney having criminal jurisdiction shall determine if the decedent
5086 died by unlawful means and shall also determine if criminal prosecution shall be instituted.
5087 Section 62. Section 26B-8-223 is amended to read:
5088 26B-8-223. Authority of examiner to provide organ or other tissue for transplant
5089 purposes.
5090 (1) When requested by the licensed physician of a patient who is in need of an organ or
5091 other tissue for transplant purpose, by a legally created Utah eye bank, organ bank or medical
5092 facility, the medical examiner may provide an organ or other tissue if:
5093 (a) a decedent who may provide a suitable organ or other tissue for the transplant is in
5094 the custody of the medical examiner;
5095 (b) the medical examiner is assured that the requesting party has made reasonable
5096 search for and inquiry of next of kin of the decedent and that no objection by the next of kin is
5097 known by the requesting party; and
5098 (c) the removal of the organ or other tissue will not interfere with the investigation or
5099 autopsy or alter the post-mortem facial appearance.
5100 (2) When the medical examiner [
5101 may provide a suitable organ or other tissue for transplant purposes, he may contact the
5102 appropriate eye bank, organ bank or medical facility and notify them concerning the suitability
5103 of the organ or other tissue. In such contact the medical examiner may disclose the name of the
5104 decedent so that necessary clearances can be obtained.
5105 (3) No person shall be held civilly or criminally liable for any acts performed pursuant
5106 to this section.
5107 Section 63. Section 26B-8-225 is amended to read:
5108 26B-8-225. Burial of an unclaimed body -- Request by the school of medicine at
5109 the University of Utah -- Medical examiner may retain tissue for dog training.
5110 (1) Except as described in Subsection (2) or (3), a county shall provide, at the county's
5111 expense, decent [
5112 (2) A county is not responsible for decent [
5113 found in the county if the body is requested by the dean of the school of medicine at the
5114 University of Utah under Section 53B-17-301.
5115 (3) For an unclaimed body that is temporarily in the medical examiner's custody before
5116 [
5117 unclaimed body in order to donate the tissue to an individual who is affiliated with an
5118 established search and rescue dog organization, for the purpose of training a dog to search for
5119 human remains.
5120 Section 64. Section 26B-8-227 is amended to read:
5121 26B-8-227. Registry of unidentified deceased persons.
5122 (1) If the identity of a deceased person over which the medical examiner has
5123 jurisdiction under Section 26B-8-205 is unknown, the medical examiner shall do the following
5124 [
5125
5126 (a) assign a unique identifying number to the body;
5127 (b) create and maintain a file under the assigned number;
5128 (c) examine the body, take samples, and perform other related tasks for the purpose of
5129 deriving information that may be useful in ascertaining the identity of the deceased person;
5130 (d) use the identifying number in all records created by the medical examiner that
5131 pertains to the body;
5132 (e) record all information pertaining to the body in the file created and maintained
5133 under Subsection (1)(b);
5134 (f) communicate the unique identifying number to the county in which the body was
5135 found; and
5136 (g) access information from available government sources and databases in an attempt
5137 to ascertain the identity of the deceased person.
5138 [
5139 [
5140
5141 [
5142
5143
5144 [
5145 [
5146
5147
5148
5149 [
5150
5151 [
5152 [
5153
5154
5155 [
5156
5157
5158 [
5159 maintained under this section with a person who demonstrates:
5160 (a) a legitimate personal or governmental interest in determining the identity of a
5161 deceased person; and
5162 (b) a reasonable belief that the body of that deceased person may have come into the
5163 custody of the medical examiner.
5164 Section 65. Section 26B-8-229 is amended to read:
5165 26B-8-229. Psychological autopsy examiner.
5166 (1) With funds appropriated by the Legislature for this purpose, the department shall
5167 provide compensation, at a standard rate determined by the department, to a psychological
5168 autopsy examiner.
5169 (2) The psychological autopsy examiner shall:
5170 (a) work with the medical examiner to compile data regarding suicide related deaths;
5171 (b) as relatives, associates, and acquaintances of the deceased are willing, gather
5172 information [
5173 circumstances that preceded the decedent's death;
5174 (c) maintain a database of information described in Subsections (2)(a) and (b);
5175 (d) in accordance with all applicable privacy laws subject to approval by the
5176 department, share the database described in Subsection (2)(c) with the University of Utah
5177 Department of Psychiatry or other university-based departments conducting research on
5178 suicide;
5179 (e) coordinate no less than monthly with the suicide prevention coordinator described
5180 in Subsection 26B-5-611(2); and
5181 (f) coordinate no less than quarterly with the state suicide prevention coalition.
5182 Section 66. Section 34A-6-107 is amended to read:
5183 34A-6-107. Research and related activities.
5184 (1) (a) The division, after consultation with other appropriate agencies, shall conduct,
5185 directly or by grants or contracts, whether federal or otherwise, research, experiments, and
5186 demonstrations in the area of occupational safety and health, including studies of psychological
5187 factors involved in innovative methods, techniques, and approaches for dealing with
5188 occupational safety and health problems.
5189 (b) (i) The division, to comply with its responsibilities under this section, and to
5190 develop needed information regarding toxic substances or harmful physical agents, may make
5191 rules requiring employers to measure, record, and make reports on the exposure of employees
5192 to substances or physical agents reasonably believed to endanger the health or safety of
5193 employees.
5194 (ii) The division may establish programs for medical examinations and tests necessary
5195 for determining the incidence of occupational diseases and the susceptibility of employees to
5196 the diseases.
5197 (iii) Nothing in this chapter authorizes or requires a medical examination,
5198 immunization, or treatment for persons who object on religious grounds, except when
5199 necessary for the protection of the health or safety of others.
5200 (iv) Any employer who is required to measure and record employee exposure to
5201 substances or physical agents as provided under Subsection (1)(b) may receive full or partial
5202 financial or other assistance to defray additional expense incurred by measuring and recording
5203 as provided in this Subsection (1)(b).
5204 (c) (i) Following a written request by any employer or authorized representative of
5205 employees, specifying with reasonable particularity the grounds on which the request is made,
5206 the division shall determine whether any substance normally found in a workplace has toxic
5207 effects in the concentrations used or found, and shall submit its determination both to
5208 employers and affected employees as soon as possible.
5209 (ii) The division shall immediately take action necessary under Section 34A-6-202 or
5210 34A-6-305 if the division determines that:
5211 (A) any substance is toxic at the concentrations used or found in a workplace; and
5212 (B) the substance is not covered by an occupational safety or health standard
5213 promulgated under Section 34A-6-202.
5214 (2) The division may inspect and question employers and employees as provided in
5215 Section 34A-6-301, to carry out its functions and responsibilities under this section.
5216 (3) The division is authorized to enter into contracts, agreements, or other
5217 arrangements with appropriate federal or state agencies, or private organizations to conduct
5218 studies about its responsibilities under this chapter. In carrying out its responsibilities under
5219 this subsection, the division shall cooperate with the Department of [
5220 Human Services and the Department of Environmental Quality to avoid any duplication of
5221 efforts under this section.
5222 (4) Information obtained by the division under this section shall be disseminated to
5223 employers and employees and organizations of them.
5224 Section 67. Section 53-2a-802 is amended to read:
5225 53-2a-802. Definitions.
5226 (1) (a) "Absent" means:
5227 (i) not physically present or not able to be communicated with for 48 hours; or
5228 (ii) for local government officers, as defined by local ordinances.
5229 (b) "Absent" does not include a person who can be communicated with via telephone,
5230 radio, or telecommunications.
5231 (2) "Department" means the Department of Government Operations, the Department of
5232 Agriculture and Food, the Alcoholic Beverage Services Commission, the Department of
5233 Commerce, the Department of Cultural and Community Engagement, the Department of
5234 Corrections, the Department of Environmental Quality, the Department of Financial
5235 Institutions, the Department of [
5236 Workforce Services, the Labor Commission, the National Guard, the Department of Insurance,
5237 the Department of Natural Resources, the Department of Public Safety, the Public Service
5238 Commission, [
5239 of Transportation, any other major administrative subdivisions of state government, the State
5240 Board of Education, the Utah Board of Higher Education, the Utah Housing Corporation, the
5241 State Retirement Board, and each institution of higher education within the system of higher
5242 education.
5243 (3) "Division" means the Division of Emergency Management established in Title 53,
5244 Chapter 2a, Part 1, Emergency Management Act.
5245 (4) "Emergency interim successor" means a person designated by this part to exercise
5246 the powers and discharge the duties of an office when the person legally exercising the powers
5247 and duties of the office is unavailable.
5248 (5) "Executive director" means the person with ultimate responsibility for managing
5249 and overseeing the operations of each department, however denominated.
5250 (6) (a) "Office" includes all state and local offices, the powers and duties of which are
5251 defined by constitution, statutes, charters, optional plans, ordinances, articles, or by-laws.
5252 (b) "Office" does not include the office of governor or the legislative or judicial offices.
5253 (7) "Place of governance" means the physical location where the powers of an office
5254 are being exercised.
5255 (8) "Political subdivision" includes counties, cities, towns, metro townships, districts,
5256 authorities, and other public corporations and entities whether organized and existing under
5257 charter or general law.
5258 (9) "Political subdivision officer" means a person holding an office in a political
5259 subdivision.
5260 (10) "State officer" means the attorney general, the state treasurer, the state auditor, and
5261 the executive director of each department.
5262 (11) "Unavailable" means:
5263 (a) absent from the place of governance during a disaster that seriously disrupts normal
5264 governmental operations, whether or not that absence or inability would give rise to a vacancy
5265 under existing constitutional or statutory provisions; or
5266 (b) as otherwise defined by local ordinance.
5267 Section 68. Section 53-2d-404 (Effective 07/01/24) is amended to read:
5268 53-2d-404 (Effective 07/01/24). Permits for emergency medical service vehicles
5269 and nonemergency secured behavioral health transport vehicles.
5270 (1) (a) To ensure that emergency medical service vehicles and nonemergency secured
5271 behavioral health transport vehicles are adequately staffed, safe, maintained, properly
5272 equipped, and safely operated, the committee shall establish permit requirements at levels it
5273 considers appropriate in the following categories:
5274 (i) ambulance;
5275 (ii) emergency medical response vehicle; and
5276 (iii) nonemergency secured behavioral health transport vehicle.
5277 (b) The permit requirements under Subsections (1)(a)(i) and (ii) shall include a
5278 requirement that [
5279 emergency medical response vehicle annually provide proof of the successful completion of an
5280 emergency vehicle operator's course approved by the bureau for all ambulances and emergency
5281 medical response vehicle operators.
5282 (2) The bureau shall, based on the requirements established in Subsection (1), issue
5283 permits to emergency medical service vehicles and nonemergency secured behavioral health
5284 transport vehicles.
5285 Section 69. Section 53-2d-503 (Effective 07/01/24) is amended to read:
5286 53-2d-503 (Effective 07/01/24). Establishment of maximum rates.
5287 (1) The bureau shall, after receiving recommendations under Subsection (2), establish
5288 maximum rates for ground ambulance providers and paramedic providers that are just and
5289 reasonable.
5290 (2) The committee may make recommendations to the bureau on the maximum rates
5291 that should be set under Subsection (1).
5292 (3) (a) [
5293 providers [
5294 does not transport the patient.
5295 (b) The provisions of Subsection (3)(a) do not apply to ambulance providers or
5296 paramedic providers in a geographic service area which contains a town as defined in
5297 Subsection 10-2-301(2)(f).
5298 Section 70. Section 53-2d-703 (Effective 07/01/24) is amended to read:
5299 53-2d-703 (Effective 07/01/24). Volunteer Emergency Medical Service Personnel
5300 Health Insurance Program -- Creation -- Administration -- Eligibility -- Benefits --
5301 Rulemaking -- Advisory board.
5302 (1) As used in this section:
5303 (a) "Health benefit plan" means the same as that term is defined in Section 31A-1-301.
5304 (b) "Local government entity" means a political subdivision that:
5305 (i) is licensed as a ground ambulance provider under Part 5, Ambulance and Paramedic
5306 Providers; and
5307 (ii) [
5308 emergency medical service personnel.
5309 (c) "PEHP" means the Public Employees' Benefit and Insurance Program created in
5310 Section 49-20-103.
5311 (d) "Political subdivision" means a county, a municipality, a limited purpose
5312 government entity described in Title 17B, Limited Purpose Local Government Entities -
5313 Special Districts, or Title 17D, Limited Purpose Local Government Entities - Other Entities, or
5314 an entity created by an interlocal agreement under Title 11, Chapter 13, Interlocal Cooperation
5315 Act.
5316 (e) "Qualifying association" means an association that represents two or more political
5317 subdivisions in the state.
5318 (2) The Volunteer Emergency Medical Service Personnel Health Insurance Program
5319 shall promote recruitment and retention of volunteer emergency medical service personnel by
5320 making health insurance available to volunteer emergency medical service personnel.
5321 (3) The bureau shall contract with a qualifying association to create, implement, and
5322 administer the Volunteer Emergency Medical Service Personnel Health Insurance Program
5323 described in this section.
5324 (4) Participation in the program is limited to emergency medical service personnel
5325 who:
5326 (a) are licensed under Section 53-2d-402 and are able to perform all necessary
5327 functions associated with the license;
5328 (b) provide emergency medical services under the direction of a local governmental
5329 entity:
5330 (i) by responding to 20% of calls for emergency medical services in a rolling
5331 twelve-month period;
5332 (ii) within a county of the third, fourth, fifth, or sixth class; and
5333 (iii) as a volunteer under the Fair Labor Standards Act, in accordance with 29 C.F.R.
5334 Sec. 553.106;
5335 (c) are not eligible for a health benefit plan through an employer or a spouse's
5336 employer;
5337 (d) are not eligible for medical coverage under a government sponsored healthcare
5338 program; and
5339 (e) reside in the state.
5340 (5) (a) A participant in the program is eligible to participate in PEHP in accordance
5341 with Subsection (5)(b) and Subsection 49-20-201(3).
5342 (b) Benefits available to program participants under PEHP are limited to health
5343 insurance that:
5344 (i) covers the program participant and the program participant's eligible dependents on
5345 a July 1 plan year;
5346 (ii) accepts enrollment during an open enrollment period or for a special enrollment
5347 event, including the initial eligibility of a program participant;
5348 (iii) if the program participant is no longer eligible for benefits, terminates on the last
5349 day of the last month for which the individual is a participant in the Volunteer Emergency
5350 Medical Service Personnel Health Insurance Program; and
5351 (iv) is not subject to continuation rights under state or federal law.
5352 (6) (a) The bureau may make rules in accordance with Title 63G, Chapter 3, Utah
5353 Administrative Rulemaking Act, to define additional criteria regarding benefit design and
5354 eligibility for the program.
5355 (b) The bureau shall convene an advisory board:
5356 (i) to advise the bureau on making rules under Subsection (6)(a); and
5357 (ii) that includes representation from at least the following entities:
5358 (A) the qualifying association that receives the contract under Subsection (3); and
5359 (B) PEHP.
5360 (7) For purposes of this section, the qualifying association that receives the contract
5361 under Subsection (3) shall be considered the public agency for whom the program participant is
5362 volunteering under 29 C.F.R. Sec. 553.101.
5363 Section 71. Section 53-10-404 is amended to read:
5364 53-10-404. DNA specimen analysis -- Requirement to obtain the specimen.
5365 (1) As used in this section, "person" refers to any person as described under Section
5366 53-10-403.
5367 (2) (a) A person under Section 53-10-403 or any person required to register as a sex
5368 offender under Title 77, Chapter 41, Sex and Kidnap Offender Registry, shall provide a DNA
5369 specimen and shall reimburse the agency responsible for obtaining the DNA specimen $150 for
5370 the cost of obtaining the DNA specimen unless:
5371 (i) the person was booked under Section 53-10-403 and is not required to reimburse the
5372 agency under Section 53-10-404.5; or
5373 (ii) the agency determines the person lacks the ability to pay.
5374 (b) (i) (A) The responsible agencies shall establish guidelines and procedures for
5375 determining if the person is able to pay the fee.
5376 (B) An agency's implementation of Subsection (2)(b)(i) meets an agency's obligation to
5377 determine an inmate's ability to pay.
5378 (ii) An agency's guidelines and procedures may provide for the assessment of $150 on
5379 the inmate's county trust fund account and may allow a negative balance in the account until
5380 the $150 is paid in full.
5381 (3) (a) (i) All fees collected under Subsection (2) shall be deposited in the DNA
5382 Specimen Restricted Account created in Section 53-10-407, except that the agency collecting
5383 the fee may retain not more than $25 per individual specimen for the costs of obtaining the
5384 saliva DNA specimen.
5385 (ii) The agency collecting the $150 fee may not retain from each separate fee more than
5386 $25, and no amount of the $150 fee may be credited to any other fee or agency obligation.
5387 (b) The responsible agency shall determine the method of collecting the DNA
5388 specimen. Unless the responsible agency determines there are substantial reasons for using a
5389 different method of collection or the person refuses to cooperate with the collection, the
5390 preferred method of collection shall be obtaining a saliva specimen.
5391 (c) The responsible agency may use reasonable force, as established by its guidelines
5392 and procedures, to collect the DNA sample if the person refuses to cooperate with the
5393 collection.
5394 (d) If the judgment places the person on probation, the person shall submit to the
5395 obtaining of a DNA specimen as a condition of the probation.
5396 (e) (i) Under this section a person is required to provide one DNA specimen and pay
5397 the collection fee as required under this section.
5398 (ii) The person shall provide an additional DNA specimen only if the DNA specimen
5399 previously provided is not adequate for analysis.
5400 (iii) The collection fee is not imposed for a second or subsequent DNA specimen
5401 collected under this section.
5402 (f) Any agency that is authorized to obtain a DNA specimen under this part may collect
5403 any outstanding amount of a fee due under this section from any person who owes any portion
5404 of the fee and deposit the amount in the DNA Specimen Restricted Account created in Section
5405 53-10-407.
5406 (4) (a) The responsible agency shall cause a DNA specimen to be obtained as soon as
5407 possible and transferred to the Department of Public Safety:
5408 (i) after a conviction or a finding of jurisdiction by the juvenile court;
5409 (ii) on and after January 1, 2011, through December 31, 2014, after the booking of a
5410 person for any offense under Subsection 53-10-403(1)(c); and
5411 (iii) on and after January 1, 2015, after the booking of a person for any felony offense,
5412 as provided under Subsection 53-10-403(1)(d)(ii).
5413 (b) On and after May 13, 2014, through December 31, 2014, the responsible agency
5414 may cause a DNA specimen to be obtained and transferred to the Department of Public Safety
5415 after the booking of a person for any felony offense, as provided under Subsection
5416 53-10-403(1)(d)(i).
5417 (c) If notified by the Department of Public Safety that a DNA specimen is not adequate
5418 for analysis, the agency shall, as soon as possible:
5419 (i) obtain and transmit an additional DNA specimen; or
5420 (ii) request that another agency that has direct access to the person and that is
5421 authorized to collect DNA specimens under this section collect the necessary second DNA
5422 specimen and transmit it to the Department of Public Safety.
5423 (d) Each agency that is responsible for collecting DNA specimens under this section
5424 shall establish:
5425 (i) a tracking procedure to record the handling and transfer of each DNA specimen it
5426 obtains; and
5427 (ii) a procedure to account for the management of all fees it collects under this section.
5428 (5) (a) The Department of Corrections is the responsible agency whenever the person is
5429 committed to the custody of or is under the supervision of the Department of Corrections.
5430 (b) The juvenile court is the responsible agency regarding a minor under Subsection
5431 53-10-403(3), but if the minor has been committed to the legal custody of the [
5432
5433 responsible agency if a DNA specimen of the minor has not previously been obtained by the
5434 juvenile court under Section 80-6-608.
5435 (c) The sheriff operating a county jail is the responsible agency regarding the collection
5436 of DNA specimens from persons who:
5437 (i) have pled guilty to or have been convicted of an offense listed under Subsection
5438 53-10-403(2) but who have not been committed to the custody of or are not under the
5439 supervision of the Department of Corrections;
5440 (ii) are incarcerated in the county jail:
5441 (A) as a condition of probation for a felony offense; or
5442 (B) for a misdemeanor offense for which collection of a DNA specimen is required;
5443 (iii) on and after January 1, 2011, through May 12, 2014, are booked at the county jail
5444 for any offense under Subsection 53-10-403(1)(c).; and
5445 (iv) are booked at the county jail:
5446 (A) by a law enforcement agency that is obtaining a DNA specimen for any felony
5447 offense on or after May 13, 2014, through December 31, 2014, under Subsection
5448 53-10-404(4)(b); or
5449 (B) on or after January 1, 2015, for any felony offense.
5450 (d) Each agency required to collect a DNA specimen under this section shall:
5451 (i) designate employees to obtain the saliva DNA specimens required under this
5452 section; and
5453 (ii) ensure that employees designated to collect the DNA specimens receive appropriate
5454 training and that the specimens are obtained in accordance with generally accepted protocol.
5455 (6) (a) As used in this Subsection (6), "department" means the Department of
5456 Corrections.
5457 (b) Priority of obtaining DNA specimens by the department is:
5458 (i) first, to obtain DNA specimens of persons who as of July 1, 2002, are in the custody
5459 of or under the supervision of the department before these persons are released from
5460 incarceration, parole, or probation, if their release date is prior to that of persons under
5461 Subsection (6)(b)(ii), but in no case later than July 1, 2004; and
5462 (ii) second, the department shall obtain DNA specimens from persons who are
5463 committed to the custody of the department or who are placed under the supervision of the
5464 department after July 1, 2002, within 120 days after the commitment, if possible, but not later
5465 than prior to release from incarceration if the person is imprisoned, or prior to the termination
5466 of probation if the person is placed on probation.
5467 (c) The priority for obtaining DNA specimens from persons under Subsection (6)(b)(ii)
5468 is:
5469 (i) first, persons on probation;
5470 (ii) second, persons on parole; and
5471 (iii) third, incarcerated persons.
5472 (d) Implementation of the schedule of priority under Subsection (6)(c) is subject to the
5473 priority of Subsection (6)(b)(i), to ensure that the Department of Corrections obtains DNA
5474 specimens from persons in the custody of or under the supervision of the Department of
5475 Corrections as of July 1, 2002, prior to their release.
5476 (7) (a) As used in this Subsection (7):
5477 (i) "Court" means the juvenile court.
5478 (ii) "Division" means the [
5479 Justice and Youth Services.
5480 (b) Priority of obtaining DNA specimens by the court from minors under Section
5481 53-10-403 whose cases are under the jurisdiction of the court but who are not in the legal
5482 custody of the division shall be:
5483 (i) first, to obtain specimens from minors whose cases, as of July 1, 2002, are under the
5484 court's jurisdiction, before the court's jurisdiction over the minors' cases terminates; and
5485 (ii) second, to obtain specimens from minors whose cases are under the jurisdiction of
5486 the court after July 1, 2002, within 120 days of the minor's case being found to be within the
5487 court's jurisdiction, if possible, but no later than before the court's jurisdiction over the minor's
5488 case terminates.
5489 (c) Priority of obtaining DNA specimens by the division from minors under Section
5490 53-10-403 who are committed to the legal custody of the division shall be:
5491 (i) first, to obtain specimens from minors who as of July 1, 2002, are within the
5492 division's legal custody and who have not previously provided a DNA specimen under this
5493 section, before termination of the division's legal custody of these minors; and
5494 (ii) second, to obtain specimens from minors who are placed in the legal custody of the
5495 division after July 1, 2002, within 120 days of the minor's being placed in the custody of the
5496 division, if possible, but no later than before the termination of the court's jurisdiction over the
5497 minor's case.
5498 (8) (a) The Department of Corrections, the juvenile court, the [
5499
5500 agencies in the state shall by policy establish procedures for obtaining saliva DNA specimens,
5501 and shall provide training for employees designated to collect saliva DNA specimens.
5502 (b) (i) The department may designate correctional officers, including those employed
5503 by the adult probation and parole section of the department, to obtain the saliva DNA
5504 specimens required under this section.
5505 (ii) The department shall ensure that the designated employees receive appropriate
5506 training and that the specimens are obtained in accordance with accepted protocol.
5507 (c) Blood DNA specimens shall be obtained in accordance with Section 53-10-405.
5508 Section 72. Section 53-10-407 is amended to read:
5509 53-10-407. DNA Specimen Restricted Account.
5510 (1) There is created the DNA Specimen Restricted Account, which is referred to in this
5511 section as "the account."
5512 (2) The sources of money for the account are:
5513 (a) DNA collection fees paid under Section 53-10-404;
5514 (b) any appropriations made to the account by the Legislature; and
5515 (c) all federal money provided to the state for the purpose of funding the collection or
5516 analysis of DNA specimens collected under Section 53-10-403.
5517 (3) The account shall earn interest, and this interest shall be deposited in the account.
5518 (4) The Legislature may appropriate money from the account solely for the following
5519 purposes:
5520 (a) to the Department of Corrections for the costs of collecting DNA specimens as
5521 required under Section 53-10-403;
5522 (b) to the juvenile court for the costs of collecting DNA specimens as required under
5523 Sections 53-10-403 and 80-6-608;
5524 (c) to the [
5525 Youth Services for the costs of collecting DNA specimens as required under Sections
5526 53-10-403 and 80-5-201; and
5527 (d) to the Department of Public Safety for the costs of:
5528 (i) storing and analyzing DNA specimens in accordance with the requirements of this
5529 part;
5530 (ii) DNA testing which cannot be performed by the Utah State Crime Lab, as provided
5531 in Subsection 78B-9-301(7); and
5532 (iii) reimbursing sheriffs for collecting the DNA specimens as provided under Sections
5533 53-10-404 and 53-10-404.5.
5534 (5) Appropriations from the account to the Department of Corrections, the juvenile
5535 court, the [
5536 Services, and to the Department of Public Safety are nonlapsing.
5537 Section 73. Section 53E-10-301 is amended to read:
5538 53E-10-301. Definitions.
5539 As used in this part:
5540 (1) "Career and technical education course" means a concurrent enrollment course in
5541 career and technical education, as determined by the policy established by the Utah Board of
5542 Higher Education under Section 53E-10-302.
5543 (2) "Concurrent enrollment" means enrollment in a course offered through the
5544 concurrent enrollment program described in Section 53E-10-302.
5545 (3) "Educator" means the same as that term is defined in Section 53E-6-102.
5546 (4) "Eligible instructor" means an instructor who meets the requirements described in
5547 Subsection 53E-10-302(6).
5548 (5) "Eligible student" means a student who:
5549 (a) (i) is enrolled in, and counted in average daily membership in, a public school
5550 within the state; or
5551 (ii) is in the custody of the [
5552 Justice and Youth Services and subject to the jurisdiction of the Youth Parole Authority;
5553 (b) has on file a plan for college and career readiness as described in Section
5554 53E-2-304; and
5555 (c) is in grade 9, 10, 11, or 12.
5556 (6) "Institution of higher education" means an institution described in Subsection
5557 53B-1-102(1)(a).
5558 (7) "License" means the same as that term is defined in Section 53E-6-102.
5559 (8) "Local education agency" or "LEA" means a school district or charter school.
5560 (9) "Qualifying experience" means an LEA employee's experience in an academic field
5561 that:
5562 (a) qualifies the LEA employee to teach a concurrent enrollment course in the
5563 academic field; and
5564 (b) may include the LEA employee's:
5565 (i) number of years teaching in the academic field;
5566 (ii) holding a higher level secondary teaching credential issued by the state board;
5567 (iii) research, publications, or other scholarly work in the academic field;
5568 (iv) continuing professional education in the academic field;
5569 (v) portfolio of work related to the academic field; or
5570 (vi) professional work experience or certifications in the academic field.
5571 (10) "Value of the weighted pupil unit" means the amount established each year in the
5572 enacted public education budget that is multiplied by the number of weighted pupil units to
5573 yield the funding level for the basic state-supported school program.
5574 Section 74. Section 53G-8-211 is amended to read:
5575 53G-8-211. Responses to school-based behavior.
5576 (1) As used in this section:
5577 (a) "Evidence-based" means a program or practice that has:
5578 (i) had multiple randomized control studies or a meta-analysis demonstrating that the
5579 program or practice is effective for a specific population;
5580 (ii) been rated as effective by a standardized program evaluation tool; or
5581 (iii) been approved by the state board.
5582 (b) "Habitual truant" means a school-age child who:
5583 (i) is in grade 7 or above, unless the school-age child is under 12 years old;
5584 (ii) is subject to the requirements of Section 53G-6-202; and
5585 (iii) (A) is truant at least 10 times during one school year; or
5586 (B) fails to cooperate with efforts on the part of school authorities to resolve the
5587 school-age child's attendance problem as required under Section 53G-6-206.
5588 (c) "Minor" means the same as that term is defined in Section 80-1-102.
5589 (d) "Mobile crisis outreach team" means the same as that term is defined in Section
5590 [
5591 (e) "Prosecuting attorney" means the same as that term is defined in Subsections
5592 80-1-102(65)(b) and (c).
5593 (f) "Restorative justice program" means a school-based program or a program used or
5594 adopted by a local education agency that is designed:
5595 (i) to enhance school safety, reduce school suspensions, and limit referrals to law
5596 enforcement agencies and courts; and
5597 (ii) to help minors take responsibility for and repair harmful behavior that occurs in
5598 school.
5599 (g) "School administrator" means a principal of a school.
5600 (h) "School is in session" means a day during which the school conducts instruction for
5601 which student attendance is counted toward calculating average daily membership.
5602 (i) "School resource officer" means a law enforcement officer, as defined in Section
5603 53-13-103, who contracts with, is employed by, or whose law enforcement agency contracts
5604 with a local education agency to provide law enforcement services for the local education
5605 agency.
5606 (j) "School-age child" means the same as that term is defined in Section 53G-6-201.
5607 (k) (i) "School-sponsored activity" means an activity, fundraising event, club, camp,
5608 clinic, or other event or activity that is authorized by a specific local education agency or public
5609 school, according to LEA governing board policy, and satisfies at least one of the following
5610 conditions:
5611 (A) the activity is managed or supervised by a local education agency or public school,
5612 or local education agency or public school employee;
5613 (B) the activity uses the local education agency's or public school's facilities,
5614 equipment, or other school resources; or
5615 (C) the activity is supported or subsidized, more than inconsequentially, by public
5616 funds, including the public school's activity funds or Minimum School Program dollars.
5617 (ii) "School-sponsored activity" includes preparation for and involvement in a public
5618 performance, contest, athletic competition, demonstration, display, or club activity.
5619 (l) (i) "Status offense" means an offense that would not be an offense but for the age of
5620 the offender.
5621 (ii) "Status offense" does not mean an offense that by statute is a misdemeanor or
5622 felony.
5623 (2) This section applies to a minor enrolled in school who is alleged to have committed
5624 an offense on school property where the student is enrolled:
5625 (a) when school is in session; or
5626 (b) during a school-sponsored activity.
5627 (3) If a minor is alleged to have committed an offense on school property that is a class
5628 C misdemeanor, an infraction, or a status offense, the school administrator, the school
5629 administrator's designee, or a school resource officer may refer the minor:
5630 (a) to an evidence-based alternative intervention, including:
5631 (i) a mobile crisis outreach team;
5632 (ii) a youth services center, as defined in Section 80-5-102;
5633 (iii) a youth court or comparable restorative justice program;
5634 (iv) an evidence-based alternative intervention created and developed by the school or
5635 school district;
5636 (v) an evidence-based alternative intervention that is jointly created and developed by a
5637 local education agency, the state board, the juvenile court, local counties and municipalities,
5638 the Department of Health and Human Services; or
5639 (vi) a tobacco cessation or education program if the offense is a violation of Section
5640 76-10-105; or
5641 (b) for prevention and early intervention youth services, as described in Section
5642 80-5-201, by the [
5643 Services if the minor refuses to participate in an evidence-based alternative intervention
5644 described in Subsection (3)(a).
5645 (4) Except as provided in Subsection (5), if a minor is alleged to have committed an
5646 offense on school property that is a class C misdemeanor, an infraction, or a status offense, a
5647 school administrator, the school administrator's designee, or a school resource officer may refer
5648 a minor to a law enforcement officer or agency or a court only if:
5649 (a) the minor allegedly committed the same offense on school property on two previous
5650 occasions; and
5651 (b) the minor was referred to an evidence-based alternative intervention, or to
5652 prevention or early intervention youth services, as described in Subsection (3) for both of the
5653 two previous offenses.
5654 (5) If a minor is alleged to have committed a traffic offense that is an infraction, a
5655 school administrator, the school administrator's designee, or a school resource officer may refer
5656 the minor to a law enforcement officer or agency, a prosecuting attorney, or a court for the
5657 traffic offense.
5658 (6) Notwithstanding Subsection (4), a school resource officer may:
5659 (a) investigate possible criminal offenses and conduct, including conducting probable
5660 cause searches;
5661 (b) consult with school administration about the conduct of a minor enrolled in a
5662 school;
5663 (c) transport a minor enrolled in a school to a location if the location is permitted by
5664 law;
5665 (d) take temporary custody of a minor in accordance with Section 80-6-201; or
5666 (e) protect the safety of students and the school community, including the use of
5667 reasonable and necessary physical force when appropriate based on the totality of the
5668 circumstances.
5669 (7) (a) If a minor is referred to a court or a law enforcement officer or agency under
5670 Subsection (4), the school or the school district shall appoint a school representative to
5671 continue to engage with the minor and the minor's family through the court process.
5672 (b) A school representative appointed under Subsection (7)(a) may not be a school
5673 resource officer.
5674 (c) A school district or school shall include the following in the school district's or
5675 school's referral to the court or the law enforcement officer or agency:
5676 (i) attendance records for the minor;
5677 (ii) a report of evidence-based alternative interventions used by the school before the
5678 referral, including outcomes;
5679 (iii) the name and contact information of the school representative assigned to actively
5680 participate in the court process with the minor and the minor's family;
5681 (iv) if the minor was referred to prevention or early intervention youth services under
5682 Subsection (3)(b), a report from the [
5683 Justice and Youth Services that demonstrates the minor's failure to complete or participate in
5684 prevention and early intervention youth services under Subsection (3)(b); and
5685 (v) any other information that the school district or school considers relevant.
5686 (d) A minor referred to a court under Subsection (4) may not be ordered to or placed in
5687 secure detention, including for a contempt charge or violation of a valid court order under
5688 Section 78A-6-353, when the underlying offense is a status offense or infraction.
5689 (e) If a minor is referred to a court under Subsection (4), the court may use, when
5690 available, the resources of the [
5691 Justice and Youth Services or the [
5692 Substance Use and Mental Health to address the minor.
5693 (8) If a minor is alleged to have committed an offense on school property that is a class
5694 B misdemeanor or a class A misdemeanor, the school administrator, the school administrator's
5695 designee, or a school resource officer may refer the minor directly to a court or to the
5696 evidence-based alternative interventions in Subsection (3)(a).
5697 Section 75. Section 53G-8-213 is amended to read:
5698 53G-8-213. Reintegration plan for student alleged to have committed violent
5699 felony or weapon offense.
5700 (1) As used in this section:
5701 (a) "Multidisciplinary team" means the local education agency, the juvenile court, the
5702 [
5703 school resource officer if applicable, and any other relevant party that should be involved in a
5704 reintegration plan.
5705 (b) "Violent felony" means the same as that term is defined in Section 76-3-203.5.
5706 (2) If a school district receives a notification from the juvenile court or a law
5707 enforcement agency that a student was arrested for, charged with, or adjudicated in the juvenile
5708 court for a violent felony or an offense in violation of Title 76, Chapter 10, Part 5, Weapons,
5709 the school shall develop a reintegration plan for the student with a multidisciplinary team, the
5710 student, and the student's parent or guardian, within five days after the day on which the school
5711 receives a notification.
5712 (3) The school may deny admission to the student until the school completes the
5713 reintegration plan under Subsection (2).
5714 (4) The reintegration plan under Subsection (2) shall address:
5715 (a) a behavioral intervention for the student;
5716 (b) a short-term mental health or counseling service for the student; and
5717 (c) an academic intervention for the student.
5718 Section 76. Section 53G-10-406 is amended to read:
5719 53G-10-406. Underage Drinking and Substance Abuse Prevention Program --
5720 State board rules.
5721 (1) As used in this section:
5722 (a) "Advisory council" means the Underage Drinking and Substance Abuse Prevention
5723 Program Advisory Council created in this section.
5724 (b) "Program" means the Underage Drinking and Substance Abuse Prevention Program
5725 created in this section.
5726 (c) "School-based prevention program" means an evidence-based program that:
5727 (i) is aimed at preventing underage consumption of alcohol and underage use of
5728 electronic cigarette products;
5729 (ii) is delivered by methods that engage students in storytelling and visualization;
5730 (iii) addresses the behavioral risk factors associated with underage drinking and use of
5731 electronic cigarette products; and
5732 (iv) provides practical tools to address the dangers of underage drinking and use of
5733 electronic cigarette products.
5734 (2) There is created the Underage Drinking and Substance Abuse Prevention Program
5735 that consists of:
5736 (a) a school-based prevention program for students in grade 4 or 5;
5737 (b) a school-based prevention program for students in grade 7 or 8; and
5738 (c) a school-based prevention program for students in grade 9 or 10 that increases
5739 awareness of the dangers of driving under the influence of alcohol.
5740 (3) (a) Beginning with the 2018-19 school year, an LEA shall offer the program each
5741 school year to each student in grade 7 or 8 and grade 9 or 10.
5742 (b) In addition to Subsection (3)(a), beginning with the 2020-21 school year, an LEA
5743 shall offer the program each school year to each student in grade 4 or 5.
5744 (c) An LEA shall select from the providers qualified by the state board under
5745 Subsection (6) to offer the program.
5746 (4) The state board shall administer the program with input from the advisory council.
5747 (5) There is created the Underage Drinking and Substance Abuse Prevention Program
5748 Advisory Council comprised of the following members:
5749 (a) the executive director of the Department of Alcoholic Beverage Services or the
5750 executive director's designee;
5751 (b) the executive director of the Department of Health and Human Services or the
5752 executive director's designee;
5753 (c) the director of the [
5754 Substance Use and Mental Health or the director's designee;
5755 (d) the director of the Division of Child and Family Services or the director's designee;
5756 (e) the director of the [
5757 Justice and Youth Services or the director's designee;
5758 (f) the state superintendent or the state superintendent's designee; and
5759 (g) two members of the state board, appointed by the chair of the state board.
5760 (6) (a) In accordance with Title 63G, Chapter 6a, Utah Procurement Code, the state
5761 board shall qualify one or more providers to provide the program to an LEA.
5762 (b) In selecting a provider described in Subsection (6)(a), the state board shall consider:
5763 (i) whether the provider's program complies with the requirements described in this
5764 section;
5765 (ii) the extent to which the provider's prevention program aligns with core standards for
5766 Utah public schools; and
5767 (iii) the provider's experience in providing a program that is effective.
5768 (7) (a) The state board shall use money from the Underage Drinking and Substance
5769 Abuse Prevention Program Restricted Account described in Section 53F-9-304 for the
5770 program.
5771 (b) The state board may use money from the Underage Drinking Prevention Program
5772 Restricted Account to fund up to .5 of a full-time equivalent position to administer the
5773 program.
5774 (8) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
5775 state board shall make rules that:
5776 (a) beginning with the 2018-19 school year, require an LEA to offer the Underage
5777 Drinking and Substance Abuse Prevention Program each school year to each student in grade 7
5778 or 8 and grade 9 or 10;
5779 (b) beginning with the 2020-21 school year, require an LEA to offer the Underage
5780 Drinking and Substance Abuse Prevention Program each school year to each student in grade 4
5781 or 5; and
5782 (c) establish criteria for the state board to use in selecting a provider described in
5783 Subsection (6).
5784 Section 77. Section 58-17b-309.7 is amended to read:
5785 58-17b-309.7. Opioid treatment program.
5786 (1) As used in this section:
5787 (a) "Covered provider" means an individual who is licensed to engage in:
5788 (i) the practice of advanced practice registered nursing as defined in Section
5789 58-31b-102;
5790 (ii) the practice of registered nursing as defined in Section 58-31b-102; or
5791 (iii) practice as a physician assistant as defined in Section 58-70a-102.
5792 (b) "Opioid treatment program" means a program or practitioner that is:
5793 (i) engaged in dispensing an opiate medication assisted treatment for opioid use
5794 disorder;
5795 (ii) registered under 21 U.S.C. Sec. 823(g)(1);
5796 (iii) licensed by the [
5797 Checks within the Department of Health and Human Services created in Section 26B-2-103;
5798 and
5799 (iv) certified by the federal Substance Abuse and Mental Health Services
5800 Administration in accordance with 42 C.F.R. 8.11.
5801 (2) A covered provider may dispense opiate medication assisted treatment at an opioid
5802 treatment program if the covered provider:
5803 (a) is operating under the direction of a pharmacist;
5804 (b) dispenses the opiate medication assisted treatment under the direction of a
5805 pharmacist; and
5806 (c) acts in accordance with division rule made under Subsection (3).
5807 (3) The division shall, in consultation with practitioners who work in an opioid
5808 treatment program, make rules in accordance with Title 63G, Chapter 3, Utah Administrative
5809 Rulemaking Act, to establish guidelines under which a covered provider may dispense opiate
5810 medication assisted treatment to a patient in an opioid treatment program under this section.
5811 Section 78. Section 58-17b-620 is amended to read:
5812 58-17b-620. Prescriptions issued within the public health system.
5813 (1) As used in this section:
5814 (a) "Department of Health and Human Services" means the Department of Health and
5815 Human Services created in Section 26B-1-201.
5816 (b) "Health department" means either the Department of Health and Human Services or
5817 a local health department.
5818 (c) "Local health departments" mean the local health departments created in Title 26A,
5819 Chapter 1, Local Health Departments.
5820 (2) When it is necessary to treat a reportable disease or non-emergency condition that
5821 has a direct impact on public health, a health department may implement the prescription
5822 procedure described in Subsection (3) for a prescription drug that is not a controlled substance
5823 for use in:
5824 (a) a clinic; or
5825 (b) a remote or temporary off-site location, including a triage facility established in the
5826 community, that provides:
5827 (i) treatment for sexually transmitted infections;
5828 (ii) fluoride treatment;
5829 (iii) travel immunization;
5830 (iv) preventative treatment for an individual with latent tuberculosis infection;
5831 (v) preventative treatment for an individual at risk for an infectious disease that has a
5832 direct impact on public health when the treatment is indicated to prevent the spread of disease
5833 or to mitigate the seriousness of infection in the exposed individual; or
5834 (vi) other treatment as defined by the Department of Health and Human Services by
5835 rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
5836 (3) In a circumstance described in Subsection (2), an individual with prescriptive
5837 authority may write a prescription for each contact, as defined in Section 26B-7-201, of a
5838 patient of the individual with prescriptive authority without a face-to-face exam, if:
5839 (a) the individual with prescriptive authority is treating the patient for a reportable
5840 disease or non-emergency condition having a direct impact on public health; and
5841 (b) the contact's condition is the same as the patient of the individual with prescriptive
5842 authority.
5843 (4) The following prescription procedure shall be carried out in accordance with the
5844 requirements of Subsection (5) and may be used only in the circumstances described under
5845 Subsections (2) and (3):
5846 (a) a physician writes and signs a prescription for a prescription drug, other than a
5847 controlled substance, without the name and address of the patient and without the date the
5848 prescription is provided to the patient; and
5849 (b) the physician authorizes a registered nurse employed by the health department to
5850 complete the prescription written under this Subsection (4) by inserting the patient's name and
5851 address, and the date the prescription is provided to the patient, in accordance with the
5852 physician's standing written orders and a written health department protocol approved by the
5853 [
5854 physician medical director of the state Department of Health and Human Services licensed
5855 under Chapter 67, Utah Medical Practices Act, or Chapter 68, Utah Osteopathic Medical
5856 Practice Act.
5857 (5) A physician assumes responsibility for all prescriptions issued under this section in
5858 the physician's name.
5859 (6) (a) All prescription forms to be used by a physician and health department in
5860 accordance with this section shall be serially numbered according to a numbering system
5861 assigned to that health department.
5862 (b) All prescriptions issued shall contain all information required under this chapter
5863 and rules adopted under this chapter.
5864 (7) Notwithstanding Sections 58-17b-302 and 58-17b-309, a nurse who is employed by
5865 a health department and licensed under Chapter 31b, Nurse Practice Act, may dispense a drug
5866 to treat a sexually transmitted infection if the drug is:
5867 (a) a prepackaged drug as defined in Section 58-17b-802;
5868 (b) dispensed under a prescription authorized by this section;
5869 (c) provided at a location that is described in Subsection (2)(a) or (b) and operated by
5870 the health department;
5871 (d) provided in accordance with a dispensing standard that is issued by a physician who
5872 is employed by the health department; and
5873 (e) if applicable, in accordance with requirements established by the division in
5874 collaboration with the board under Subsection (8).
5875 (8) The division may make rules in collaboration with the board and in accordance
5876 with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to establish specific
5877 requirements regarding the dispensing of a drug under Subsection (7).
5878 Section 79. Section 63B-3-102 is amended to read:
5879 63B-3-102. Maximum amount -- Projects authorized.
5880 (1) The total amount of bonds issued under this part may not exceed $64,600,000.
5881 (2) (a) Proceeds from the issuance of bonds shall be provided to the division to provide
5882 funds to pay all or part of the cost of acquiring and constructing the projects listed in this
5883 Subsection (2).
5884 (b) These costs may include the cost of acquiring land, interests in land, easements and
5885 rights-of-way, improving sites, and acquiring, constructing, equipping, and furnishing facilities
5886 and all structures, roads, parking facilities, utilities, and improvements necessary, incidental, or
5887 convenient to the facilities, interest estimated to accrue on these bonds during the period to be
5888 covered by construction of the projects plus a period of six months after the end of the
5889 construction period and all related engineering, architectural, and legal fees.
5890 (c) For the division, proceeds shall be provided for the following:
| 5891 | CAPITAL IMPROVEMENTS | ||
| 5892 | 1 | Alterations, Repairs, and Improvements | $5,000,000 |
| 5893 | TOTAL IMPROVEMENTS | $5,000,000 | |
| 5894 | CAPITAL AND ECONOMIC DEVELOPMENT | |||
| 5895 | PRIORITY PROJECT | PROJECT DESCRIPTION | AMOUNT FUNDED | ESTIMATED OPERATIONS AND MAINTENANCE COSTS |
| 5896 | 1 | University of Utah Marriott Library Phase III (Final) | $13,811,500 | $881,600 |
| 5897 | 2 | Bridgerland Applied Technology Center Utah State University Space | $2,400,000 | |
| 5898 | 3 | Weber State University - Heat Plant | $2,332,100 | $9,600 |
| 5899 | 4 | Department of Health and Human Services - [ Corrections renamed in 2003 to the Division of Juvenile Justice Services Division of Juvenile Justice and Youth Services | $4,180,000 | $400,000 |
| 5900 | 5 | Snow College - Administrative Services/Student Center | $3,885,100 | $224,500 |
| 5901 | 6 | Ogden Weber Applied Technology Center - Metal Trades Building Design and Equipment Purchase | $750,000 | $0 |
| 5902 | 7 | Department of Corrections B-Block Remodel | $1,237,100 | $72,000 |
| 5903 | 8 | Utah State University - Old Main Phase III Design | $550,000 | $0 |
| 5904 | 9 | Department of Corrections - 144 bed Uintah Expansion | $6,700,000 | $168,800 |
| 5905 | 10 | Southern Utah University Administrative Services/Student Center | $5,630,400 | $314,200 |
| 5906 | 11 | Anasazi Museum | $760,200 | $8,500 |
| 5907 | 12 | Hill Air Force Base - Easements Purchase | $9,500,000 | $0 |
| 5908 | 13 | Signetics Building Remodel | $2,000,000 | $0 |
| 5909 | 14 | Antelope Island Visitors Center | $750,000 | $30,000 |
| 5910 | 15 | State Fair Park - Master Study | $150,000 | $0 |
| 5911 | 16 | Utah National Guard - Draper Land | $380,800 | $0 |
| 5912 | 17 | Davis Applied Technology Center - Design | $325,000 | $0 |
| 5913 | 18 | Palisade State Park - Land and Park Development | $800,000 | $0 |
| 5914 | 19 | Department of Health and Human Services - Cedar City Land | $80,000 | $0 |
| 5915 | 20 | Department of Health and Human Services - Clearfield Land | $163,400 | $0 |
| 5916 | 21 | Electronic technology, equipment, and hardware | $2,500,000 | $0 |
| 5917 | TOTAL CAPITAL AND ECONOMIC DEVELOPMENT $58,885,600 | |||
| 5918 | TOTAL IMPROVEMENTS AND CAPITAL AND ECONOMIC DEVELOPMENT $63,885,600 | |||
5919 (d) For purposes of this section, operations and maintenance costs:
5920 (i) are estimates only;
5921 (ii) may include any operations and maintenance costs already funded in existing
5922 agency budgets; and
5923 (iii) are not commitments by this Legislature or future Legislatures to fund those
5924 operations and maintenance costs.
5925 (3) (a) The amounts funded as listed in Subsection (2) are estimates only and do not
5926 constitute a limitation on the amount that may be expended for any project.
5927 (b) The board may revise these estimates and redistribute the amount estimated for a
5928 project among the projects authorized.
5929 (c) The commission, by resolution and in consultation with the board, may delete one
5930 or more projects from this list if the inclusion of that project or those projects in the list could
5931 be construed to violate state law or federal law or regulation.
5932 (4) (a) The division may enter into agreements related to these projects before the
5933 receipt of proceeds of bonds issued under this chapter.
5934 (b) The division shall make those expenditures from unexpended and unencumbered
5935 building funds already appropriated to the Capital Projects Fund.
5936 (c) The division shall reimburse the Capital Projects Fund upon receipt of the proceeds
5937 of bonds issued under this chapter.
5938 (d) The commission may, by resolution, make any statement of intent relating to that
5939 reimbursement that is necessary or desirable to comply with federal tax law.
5940 (5) (a) For those projects for which only partial funding is provided in Subsection (2),
5941 it is the intent of the Legislature that the balance necessary to complete the projects be
5942 addressed by future Legislatures, either through appropriations or through the issuance or sale
5943 of bonds.
5944 (b) For those phased projects, the division may enter into contracts for amounts not to
5945 exceed the anticipated full project funding but may not allow work to be performed on those
5946 contracts in excess of the funding already authorized by the Legislature.
5947 (c) Those contracts shall contain a provision for termination of the contract for the
5948 convenience of the state.
5949 (d) It is also the intent of the Legislature that this authorization to the division does not
5950 bind future Legislatures to fund projects initiated from this authorization.
5951 Section 80. Section 63B-3-301 is amended to read:
5952 63B-3-301. Legislative intent -- Additional projects.
5953 (1) It is the intent of the Legislature that, for any lease purchase agreement that the
5954 Legislature may authorize the Division of Facilities Construction and Management to enter into
5955 during its 1994 Annual General Session, the State Building Ownership Authority, at the
5956 reasonable rates and amounts it may determine, and with technical assistance from the state
5957 treasurer, the director of the Division of Finance, and the executive director of the Governor's
5958 Office of Planning and Budget, may seek out the most cost effective and prudent lease
5959 purchase plans available to the state and may, pursuant to Chapter 1, Part 3, State Building
5960 Ownership Authority Act, certificate out interests in, or obligations of the authority pertaining
5961 to:
5962 (a) the lease purchase obligation; or
5963 (b) lease rental payments under the lease purchase obligation.
5964 (2) It is the intent of the Legislature that the Department of Transportation dispose of
5965 surplus real properties and use the proceeds from those properties to acquire or construct
5966 through the Division of Facilities Construction and Management a new District Two Complex.
5967 (3) It is the intent of the Legislature that the Division of Facilities Construction and
5968 Management allocate funds from the Capital Improvement appropriation and donations to
5969 cover costs associated with the upgrade of the Governor's Residence that go beyond the
5970 restoration costs which can be covered by insurance proceeds.
5971 (4) (a) It is the intent of the Legislature to authorize the State Building Ownership
5972 Authority under authority of Chapter 1, Part 3, State Building Ownership Authority Act, to
5973 issue or execute obligations or enter into or arrange for a lease purchase agreement in which
5974 participation interests may be created, to provide up to $10,600,000 for the construction of a
5975 Natural Resources Building in Salt Lake City, together with additional amounts necessary to:
5976 (i) pay costs of issuance;
5977 (ii) pay capitalized interest; and
5978 (iii) fund any debt service reserve requirements.
5979 (b) It is the intent of the Legislature that the authority seek out the most cost effective
5980 and prudent lease purchase plan available with technical assistance from the state treasurer, the
5981 director of the Division of Finance, and the executive director of the Governor's Office of
5982 Planning and Budget.
5983 (c) It is the intent of the Legislature that the operating budget for the Department of
5984 Natural Resources not be increased to fund these lease payments.
5985 (5) (a) It is the intent of the Legislature to authorize the State Building Ownership
5986 Authority under authority of Chapter 1, Part 3, State Building Ownership Authority Act, to
5987 issue or execute obligations or enter into or arrange for a lease purchase agreement in which
5988 participation interests may be created, to provide up to $8,300,000 for the acquisition of the
5989 office buildings currently occupied by the Department of Environmental Quality and
5990 approximately 19 acres of additional vacant land at the Airport East Business Park in Salt Lake
5991 City, together with additional amounts necessary to:
5992 (i) pay costs of issuance;
5993 (ii) pay capitalized interest; and
5994 (iii) fund any debt service reserve requirements.
5995 (b) It is the intent of the Legislature that the authority seek out the most cost effective
5996 and prudent lease purchase plan available with technical assistance from the state treasurer, the
5997 director of the Division of Finance, and the executive director of the Governor's Office of
5998 Planning and Budget.
5999 (6) (a) It is the intent of the Legislature to authorize the State Building Ownership
6000 Authority under authority of Chapter 1, Part 3, State Building Ownership Authority Act, to
6001 issue or execute obligations or enter into or arrange for a lease purchase agreement in which
6002 participation interests may be created, to provide up to $9,000,000 for the acquisition or
6003 construction of up to two field offices for the Department of Health and Human Services in the
6004 southwestern portion of Salt Lake County, together with additional amounts necessary to:
6005 (i) pay costs of issuance;
6006 (ii) pay capitalized interest; and
6007 (iii) fund any debt service reserve requirements.
6008 (b) It is the intent of the Legislature that the authority seek out the most cost effective
6009 and prudent lease purchase plan available with technical assistance from the state treasurer, the
6010 director of the Division of Finance, and the executive director of the Governor's Office of
6011 Planning and Budget.
6012 (7) (a) It is the intent of the Legislature to authorize the State Building Ownership
6013 Authority under authority of Chapter 1, Part 3, State Building Ownership Authority Act, to
6014 issue or execute obligations or enter into or arrange for lease purchase agreements in which
6015 participation interests may be created, to provide up to $5,000,000 for the acquisition or
6016 construction of up to 13 stores for the Department of Alcoholic Beverage Services, together
6017 with additional amounts necessary to:
6018 (i) pay costs of issuance;
6019 (ii) pay capitalized interest; and
6020 (iii) fund any debt service reserve requirements.
6021 (b) It is the intent of the Legislature that the authority seek out the most cost effective
6022 and prudent lease purchase plan available with technical assistance from the state treasurer, the
6023 director of the Division of Finance, and the executive director of the Governor's Office of
6024 Planning and Budget.
6025 (c) It is the intent of the Legislature that the operating budget for the Department of
6026 Alcoholic Beverage Services not be increased to fund these lease payments.
6027 (8) (a) It is the intent of the Legislature to authorize the State Building Ownership
6028 Authority under authority of Chapter 1, Part 3, State Building Ownership Authority Act, to
6029 issue or execute obligations or enter into or arrange for a lease purchase agreement in which
6030 participation interests may be created, to provide up to $6,800,000 for the construction of a
6031 Prerelease and Parole Center for the Department of Corrections, containing a minimum of 300
6032 beds, together with additional amounts necessary to:
6033 (i) pay costs of issuance;
6034 (ii) pay capitalized interest; and
6035 (iii) fund any debt service reserve requirements.
6036 (b) It is the intent of the Legislature that the authority seek out the most cost effective
6037 and prudent lease purchase plan available with technical assistance from the state treasurer, the
6038 director of the Division of Finance, and the executive director of the Governor's Office of
6039 Planning and Budget.
6040 (9) If S.B. 275, 1994 General Session, which authorizes funding for a Courts Complex
6041 in Salt Lake City, becomes law, it is the intent of the Legislature that:
6042 (a) the Legislative Management Committee, the Interim Appropriation Subcommittees
6043 for General Government and Capital Facilities and Executive Offices, Courts, and Corrections,
6044 the Office of the Legislative Fiscal Analyst, the Governor's Office of Planning and Budget, and
6045 the Division of Facilities Construction and Management participate in a review of the proposed
6046 facility design for the Courts Complex no later than December 1994; and
6047 (b) although this review will not affect the funding authorization issued by the 1994
6048 Legislature, it is expected that Division of Facilities Construction and Management will give
6049 proper attention to concerns raised in these reviews and make appropriate design changes
6050 pursuant to the review.
6051 (10) It is the intent of the Legislature that:
6052 (a) the Division of Facilities Construction and Management, in cooperation with the
6053 [
6054 Division of Juvenile Justice and Youth Services, formerly known as the Division of Youth
6055 Corrections and then the Division of Juvenile Justice Services, develop a flexible use prototype
6056 facility for [
6057
6058 (b) the development process use existing prototype proposals unless it can be
6059 quantifiably demonstrated that the proposals cannot be used;
6060 (c) the facility is designed so that with minor modifications, it can accommodate
6061 detention, observation and assessment, transition, and secure programs as needed at specific
6062 geographical locations;
6063 (d) (i) funding as provided in the fiscal year 1995 bond authorization for the Division
6064 of Youth Corrections [
6065 known as the Division of Juvenile Justice and Youth Services is used to design and construct
6066 one facility and design the other;
6067 (ii) the [
6068
6069 (A) determine the location for the facility for which design and construction are fully
6070 funded; and
6071 (B) in conjunction with the Division of Facilities Construction and Management,
6072 determine the best methodology for design and construction of the fully funded facility;
6073 (e) the Division of Facilities Construction and Management submit the prototype as
6074 soon as possible to the Infrastructure and General Government Appropriations Subcommittee
6075 and Executive Offices, Criminal Justice, and Legislature Appropriation Subcommittee for
6076 review;
6077 (f) the Division of Facilities Construction and Management issue a Request for
6078 Proposal for one of the facilities, with that facility designed and constructed entirely by the
6079 winning firm;
6080 (g) the other facility be designed and constructed under the existing Division of
6081 Facilities Construction and Management process;
6082 (h) that both facilities follow the program needs and specifications as identified by
6083 Division of Facilities Construction and Management and the [
6084
6085 Youth Services in the prototype; and
6086 (i) the fully funded facility should be ready for occupancy by September 1, 1995.
6087 (11) It is the intent of the Legislature that the fiscal year 1995 funding for the State Fair
6088 Park Master Study be used by the Division of Facilities Construction and Management to
6089 develop a master plan for the State Fair Park that:
6090 (a) identifies capital facilities needs, capital improvement needs, building
6091 configuration, and other long term needs and uses of the State Fair Park and its buildings; and
6092 (b) establishes priorities for development, estimated costs, and projected timetables.
6093 (12) It is the intent of the Legislature that:
6094 (a) the Division of Facilities Construction and Management, in cooperation with the
6095 Division of State Parks, formerly known as the Division of Parks and Recreation, and
6096 surrounding counties, develop a master plan and general program for the phased development
6097 of Antelope Island;
6098 (b) the master plan:
6099 (i) establish priorities for development;
6100 (ii) include estimated costs and projected time tables; and
6101 (iii) include recommendations for funding methods and the allocation of
6102 responsibilities between the parties; and
6103 (c) the results of the effort be reported to the Natural Resources, Agriculture, and
6104 Environmental Quality Appropriations Subcommittee and Infrastructure and General
6105 Government Appropriations Subcommittee.
6106 (13) It is the intent of the Legislature to authorize the University of Utah to use:
6107 (a) bond reserves to plan, design, and construct the Kingsbury Hall renovation under
6108 the supervision of the director of the Division of Facilities Construction and Management
6109 unless supervisory authority is delegated by the director; and
6110 (b) donated and other nonappropriated funds to plan, design, and construct the Biology
6111 Research Building under the supervision of the director of the Division of Facilities
6112 Construction and Management unless supervisory authority is delegated by the director.
6113 (14) It is the intent of the Legislature to authorize Utah State University to use:
6114 (a) federal and other funds to plan, design, and construct the Bee Lab under the
6115 supervision of the director of the Division of Facilities Construction and Management unless
6116 supervisory authority is delegated by the director;
6117 (b) donated and other nonappropriated funds to plan, design, and construct an Athletic
6118 Facility addition and renovation under the supervision of the director of the Division of
6119 Facilities Construction and Management unless supervisory authority is delegated by the
6120 director;
6121 (c) donated and other nonappropriated funds to plan, design, and construct a renovation
6122 to the Nutrition and Food Science Building under the supervision of the director of the
6123 Division of Facilities Construction and Management unless supervisory authority is delegated
6124 by the director; and
6125 (d) federal and private funds to plan, design, and construct the Millville Research
6126 Facility under the supervision of the director of the Division of Facilities Construction and
6127 Management unless supervisory authority is delegated by the director.
6128 (15) It is the intent of the Legislature to authorize Salt Lake Community College to use:
6129 (a) institutional funds to plan, design, and construct a remodel to the Auto Trades
6130 Office and Learning Center under the supervision of the director of the Division of Facilities
6131 Construction and Management unless supervisory authority is delegated by the director;
6132 (b) institutional funds to plan, design, and construct the relocation and expansion of a
6133 temporary maintenance compound under the supervision of the director of the Division of
6134 Facilities Construction and Management unless supervisory authority is delegated by the
6135 director; and
6136 (c) institutional funds to plan, design, and construct the Alder Amphitheater under the
6137 supervision of the director of the Division of Facilities Construction and Management unless
6138 supervisory authority is delegated by the director.
6139 (16) It is the intent of the Legislature to authorize Southern Utah University to use:
6140 (a) federal funds to plan, design, and construct a Community Services Building under
6141 the supervision of the director of the Division of Facilities Construction and Management
6142 unless supervisory authority is delegated by the director; and
6143 (b) donated and other nonappropriated funds to plan, design, and construct a stadium
6144 expansion under the supervision of the director of the Division of Facilities Construction and
6145 Management unless supervisory authority is delegated by the director.
6146 (17) It is the intent of the Legislature to authorize the Department of Corrections to use
6147 donated funds to plan, design, and construct a Prison Chapel at the Central Utah Correctional
6148 Facility in Gunnison under the supervision of the director of the Division of Facilities
6149 Construction and Management unless supervisory authority is delegated by the director.
6150 (18) If the Utah National Guard does not relocate in the Signetics Building, it is the
6151 intent of the Legislature to authorize the Guard to use federal funds and funds from Provo City
6152 to plan and design an Armory in Provo, Utah, under the supervision of the director of the
6153 Division of Facilities Construction and Management unless supervisory authority is delegated
6154 by the director.
6155 (19) It is the intent of the Legislature that the Utah Department of Transportation use
6156 $250,000 of the fiscal year 1995 highway appropriation to fund an environmental study in
6157 Ogden, Utah of the 2600 North Corridor between Washington Boulevard and I-15.
6158 (20) It is the intent of the Legislature that the Ogden-Weber Applied Technology
6159 Center use the money appropriated for fiscal year 1995 to design the Metal Trades Building
6160 and purchase equipment for use in that building that could be used in metal trades or other
6161 programs in other Applied Technology Centers.
6162 (21) It is the intent of the Legislature that the Bridgerland Applied Technology Center
6163 and the Ogden-Weber Applied Technology Center projects as designed in fiscal year 1995 be
6164 considered as the highest priority projects for construction funding in fiscal year 1996.
6165 (22) It is the intent of the Legislature that:
6166 (a) the Division of Facilities Construction and Management complete physical space
6167 utilization standards by June 30, 1995, for the use of technology education activities;
6168 (b) these standards are to be developed with and approved by the State Board of
6169 Education, the Board of Regents, and the Division of Facilities Construction and Management;
6170 (c) these physical standards be used as the basis for:
6171 (i) determining utilization of any technology space based on number of stations capable
6172 and occupied for any given hour of operation; and
6173 (ii) requests for any new space or remodeling;
6174 (d) the fiscal year 1995 projects at the Bridgerland Applied Technology Center and the
6175 Ogden-Weber Applied Technology Center are exempt from this process; and
6176 (e) the design of the Davis Applied Technology Center take into account the utilization
6177 formulas established by the Division of Facilities Construction and Management.
6178 (23) It is the intent of the Legislature that Utah Valley State College may use the
6179 money from the bond allocated to the remodel of the Signetics building to relocate its technical
6180 education programs at other designated sites or facilities under the supervision of the director
6181 of the Division of Facilities Construction and Management unless supervisory authority is
6182 delegated by the director.
6183 (24) It is the intent of the Legislature that the money provided for the fiscal year 1995
6184 project for the Bridgerland Applied Technology Center be used to design and construct the
6185 space associated with Utah State University and design the technology center portion of the
6186 project.
6187 (25) It is the intent of the Legislature that the governor provide periodic reports on the
6188 expenditure of the funds provided for electronic technology, equipment, and hardware to the
6189 Infrastructure and General Government Appropriations Subcommittee, and the Legislative
6190 Management Committee.
6191 Section 81. Section 63B-4-102 is amended to read:
6192 63B-4-102. Maximum amount -- Projects authorized.
6193 (1) The total amount of bonds issued under this part may not exceed $45,300,000.
6194 (2) (a) Proceeds from the issuance of bonds shall be provided to the division to provide
6195 funds to pay all or part of the cost of acquiring and constructing the projects listed in this
6196 Subsection (2).
6197 (b) These costs may include the cost of acquiring land, interests in land, easements and
6198 rights-of-way, improving sites, and acquiring, constructing, equipping, and furnishing facilities
6199 and all structures, roads, parking facilities, utilities, and improvements necessary, incidental, or
6200 convenient to the facilities, interest estimated to accrue on these bonds during the period to be
6201 covered by construction of the projects plus a period of six months after the end of the
6202 construction period, and all related engineering, architectural, and legal fees.
6203 (c) For the division, proceeds shall be provided for the following:
| 6204 | CAPITAL IMPROVEMENTS | ||
| 6205 | Alterations, Repairs, and Improvements | $7,200,000 | |
| 6206 | TOTAL IMPROVEMENTS | $7,200,000 | |
| 6207 | CAPITAL AND ECONOMIC DEVELOPMENT | |||
| 6208 | PROJECT DESCRIPTION | AMOUNT FUNDED | ESTIMATED OPERATIONS AND MAINTENANCE COSTS | |
| 6209 | Corrections - Uinta IVA | $11,300,000 | $212,800 | |
| 6210 | Utah County Youth Correctional Facility | $6,650,000 | $245,000 | |
| 6211 | Ogden Weber Applied Technology Center - Metal Trades | $5,161,000 | $176,000 | |
| 6212 | Project Reserve Fund | $3,500,000 | None | |
| 6213 | Weber State University - Browning Center Remodel | $3,300,000 | None | |
| 6214 | Heber Wells Building Remodel | $2,000,000 | None | |
| 6215 | Higher Education Davis County - Land Purchase | $1,600,000 | None | |
| 6216 | National Guard -- Provo Armory | $1,500,000 | $128,000 | |
| 6217 | Department of Natural Resources - Pioneer Trails Visitor Center | $900,000 | $65,000 | |
| 6218 | Higher Education Design Projects | $800,000 | Varies depending upon projects selected | |
| 6219 | Salt Lake Community College - South Valley Planning | $300,000 | None | |
| 6220 | Division of Youth Corrections renamed in 2003 to the Division of Juvenile Justice and Youth Services, formerly known as the Division of Juvenile Justice Services - Logan Land Purchase | $120,000 | None | |
| 6221 | TOTAL CAPITAL AND ECONOMIC DEVELOPMENT | $37,131,000 | ||
| 6222 | TOTAL IMPROVEMENTS AND CAPITAL AND ECONOMIC DEVELOPMENT | $44,331,000 | ||
6223 (d) For purposes of this section, operations and maintenance costs:
6224 (i) are estimates only;
6225 (ii) may include any operations and maintenance costs already funded in existing
6226 agency budgets; and
6227 (iii) are not commitments by this Legislature or future Legislatures to fund those
6228 operations and maintenance costs.
6229 (3) (a) The amounts funded as listed in Subsection (2) are estimates only and do not
6230 constitute a limitation on the amount that may be expended for any project.
6231 (b) The board may revise these estimates and redistribute the amount estimated for a
6232 project among the projects authorized.
6233 (c) The commission, by resolution and in consultation with the board, may delete one
6234 or more projects from this list if the inclusion of that project or those projects in the list could
6235 be construed to violate state law or federal law or regulation.
6236 (4) (a) The division may enter into agreements related to these projects before the
6237 receipt of proceeds of bonds issued under this chapter.
6238 (b) The division shall make those expenditures from unexpended and unencumbered
6239 building funds already appropriated to the Capital Projects Fund.
6240 (c) The division shall reimburse the Capital Projects Fund upon receipt of the proceeds
6241 of bonds issued under this chapter.
6242 (d) The commission may, by resolution, make any statement of intent relating to that
6243 reimbursement that is necessary or desirable to comply with federal tax law.
6244 (5) (a) For those projects for which only partial funding is provided in Subsection (2),
6245 it is the intent of the Legislature that the balance necessary to complete the projects be
6246 addressed by future Legislatures, either through appropriations or through the issuance or sale
6247 of bonds.
6248 (b) For those phased projects, the division may enter into contracts for amounts not to
6249 exceed the anticipated full project funding but may not allow work to be performed on those
6250 contracts in excess of the funding already authorized by the Legislature.
6251 (c) Those contracts shall contain a provision for termination of the contract for the
6252 convenience of the state.
6253 (d) It is also the intent of the Legislature that this authorization to the division does not
6254 bind future Legislatures to fund projects initiated from this authorization.
6255 Section 82. Section 63B-11-702 is amended to read:
6256 63B-11-702. Other capital facility authorizations and intent language.
6257 (1) It is the intent of the Legislature that:
6258 (a) Salt Lake Community College use donations and other institutional funds to plan,
6259 design, and construct a renovation of and addition to the Grand Theater under the direction of
6260 the director of the Division of Facilities Construction and Management unless supervisory
6261 authority has been delegated;
6262 (b) no state funds be used for any portion of this project; and
6263 (c) the college may request state funds for operations and maintenance to the extent
6264 that the college is able to demonstrate to the Board of Regents that the facility meets approved
6265 academic and training purposes under Board of Regents policy R710.
6266 (2) It is the intent of the Legislature that:
6267 (a) the University of Utah use donations, grants, and other institutional funds to plan,
6268 design, and construct a Department of Chemistry Gauss House under the direction of the
6269 director of the Division of Facilities Construction and Management unless supervisory
6270 authority has been delegated;
6271 (b) no state funds be used for any portion of this project; and
6272 (c) the university may request state funds for operations and maintenance to the extent
6273 that the university is able to demonstrate to the Board of Regents that the facility meets
6274 approved academic and training purposes under Board of Regents policy R710.
6275 (3) It is the intent of the Legislature that:
6276 (a) the University of Utah use donations and other institutional funds to plan, design,
6277 and construct an expansion of the Eccles Health Science Library and the associated parking
6278 structure under the direction of the director of the Division of Facilities Construction and
6279 Management unless supervisory authority has been delegated;
6280 (b) no state funds be used for any portion of this project; and
6281 (c) the university may request state funds for operations and maintenance to the extent
6282 that the university is able to demonstrate to the Board of Regents that the facility meets
6283 approved academic and training purposes under Board of Regents policy R710.
6284 (4) It is the intent of the Legislature that:
6285 (a) the University of Utah use donations and other institutional funds to plan, design,
6286 and construct a Phase II Addition to the Moran Eye Center under the direction of the director of
6287 the Division of Facilities Construction and Management unless supervisory authority has been
6288 delegated;
6289 (b) no state funds be used for any portion of this project; and
6290 (c) the university may not request state funds for operations and maintenance.
6291 (5) It is the intent of the Legislature that:
6292 (a) the University of Utah use donations and other institutional funds to plan, design,
6293 and construct a Children's Dance Theatre under the direction of the director of the Division of
6294 Facilities Construction and Management unless supervisory authority has been delegated;
6295 (b) no state funds be used for any portion of this project; and
6296 (c) the university may not request state funds for operations and maintenance.
6297 (6) It is the intent of the Legislature that:
6298 (a) Utah State University use donations and other institutional funds to plan, design,
6299 and construct a Teaching Pavilion at its Animal Science Farm under the direction of the
6300 director of the Division of Facilities Construction and Management unless supervisory
6301 authority has been delegated;
6302 (b) no state funds be used for any portion of this project; and
6303 (c) the university may request state funds for operations and maintenance to the extent
6304 that the university is able to demonstrate to the Board of Regents that the facility meets
6305 approved academic and training purposes under Board of Regents policy R710.
6306 (7) It is the intent of the Legislature that:
6307 (a) the [
6308 Services use donations to plan, design, and construct a chapel at the Slate Canyon Youth
6309 Corrections Facility under the direction of the director of the Division of Facilities
6310 Construction and Management unless supervisory authority has been delegated;
6311 (b) no state funds be used for any portion of this project; and
6312 (c) the division may not request additional state funding for operations and
6313 maintenance.
6314 (8) It is the intent of the Legislature that the Utah National Guard use federal funds and
6315 proceeds from the sale of property to acquire a site for new facilities in Salt Lake or Davis
6316 County.
6317 (9) It is the intent of the Legislature that:
6318 (a) the Utah National Guard use donations and grants to plan, design, and construct the
6319 renovation and expansion of the Fort Douglas Military Museum under the direction of the
6320 director of the Division of Facilities Construction and Management unless supervisory
6321 authority has been delegated;
6322 (b) no state funds be used for any portion of this project; and
6323 (c) the National Guard may not request additional state funding for operations and
6324 maintenance.
6325 (10) It is the intent of the Legislature that:
6326 (a) the Division of Facilities Construction and Management pursue the exchange of
6327 public safety facilities in Orem if:
6328 (i) the land and newly constructed replacement facilities meet the needs of the Driver
6329 License Division and the Utah Highway Patrol; and
6330 (ii) the replacement property and facilities can be obtained at a cost that is not less than
6331 the market value of the existing property and facilities; and
6332 (b) the division confirms the value of the properties to be exchanged.
6333 Section 83. Section 63I-1-226 (Superseded 07/01/24) is amended to read:
6334 63I-1-226 (Superseded 07/01/24). Repeal dates: Titles 26A through 26B.
6335 (1) Subsection 26B-1-204(2)(i), related to the Primary Care Grant Committee, is
6336 repealed July 1, 2025.
6337 (2) Section 26B-1-315, which creates the Medicaid Expansion Fund, is repealed July 1,
6338 [
6339 (3) Section 26B-1-319, which creates the Neuro-Rehabilitation Fund, is repealed
6340 January 1, 2025.
6341 (4) Section 26B-1-320, which creates the Pediatric Neuro-Rehabilitation Fund, is
6342 repealed January 1, 2025.
6343 (5) Subsection 26B-1-324(4), the language that states "the Behavioral Health Crisis
6344 Response Commission, as defined in Section 63C-18-202," is repealed December 31, 2026.
6345 (6) Subsection 26B-1-329(6), related to the Behavioral Health Crisis Response
6346 Commission, is repealed December 31, 2026.
6347 (7) Section 26B-1-402, related to the Rare Disease Advisory Council Grant Program, is
6348 repealed July 1, 2026.
6349 (8) Section 26B-1-409, which creates the Utah Digital Health Service Commission, is
6350 repealed July 1, 2025.
6351 (9) Section 26B-1-410, which creates the Primary Care Grant Committee, is repealed
6352 July 1, 2025.
6353 (10) Section 26B-1-416, which creates the Utah Children's Health Insurance Program
6354 Advisory Council, is repealed July 1, 2025.
6355 (11) Section 26B-1-417, which creates the Brain Injury Advisory Committee, is
6356 repealed July 1, 2025.
6357 (12) Section 26B-1-418, which creates the Neuro-Rehabilitation Fund and Pediatric
6358 Neuro-Rehabilitation Fund Advisory Committee, is repealed January 1, 2025.
6359 (13) Section 26B-1-422, which creates the Early Childhood Utah Advisory Council, is
6360 repealed July 1, 2029.
6361 (14) Section 26B-1-428, which creates the Youth Electronic Cigarette, Marijuana, and
6362 Other Drug Prevention Program, is repealed July 1, 2025.
6363 (15) Section 26B-1-430, which creates the Coordinating Council for Persons with
6364 Disabilities, is repealed July 1, 2027.
6365 (16) Section 26B-1-431, which creates the Forensic Mental Health Coordinating
6366 Council, is repealed July 1, 2023.
6367 (17) Section 26B-1-432, which creates the Newborn Hearing Screening Committee, is
6368 repealed July 1, 2026.
6369 (18) Section 26B-1-434, regarding the Correctional Postnatal and Early Childhood
6370 Advisory Board, is repealed July 1, 2026.
6371 (19) Section 26B-2-407, related to drinking water quality in child care centers, is
6372 repealed July 1, 2027.
6373 (20) Subsection 26B-3-107(9), which addresses reimbursement for dental hygienists, is
6374 repealed July 1, 2028.
6375 (21) Section 26B-3-136, which creates the Children's Health Care Coverage Program,
6376 is repealed July 1, 2025.
6377 (22) Section 26B-3-137, related to reimbursement for the National Diabetes Prevention
6378 Program, is repealed June 30, 2027.
6379 (23) Subsection 26B-3-213(2), the language that states "and the Behavioral Health
6380 Crisis Response Commission created in Section 63C-18-202" is repealed December 31, 2026.
6381 (24) Sections 26B-3-302 through 26B-3-309, regarding the Drug Utilization Review
6382 Board, are repealed July 1, 2027.
6383 (25) Title 26B, Chapter 3, Part 5, Inpatient Hospital Assessment, is repealed July 1,
6384 [
6385 (26) Title 26B, Chapter 3, Part 6, Medicaid Expansion Hospital Assessment, is
6386 repealed July 1, [
6387 (27) Title 26B, Chapter 3, Part 7, Hospital Provider Assessment, is repealed July 1,
6388 2028.
6389 (28) Section 26B-3-910, regarding alternative eligibility, is repealed July 1, 2028.
6390 (29) Section 26B-4-136, related to the Volunteer Emergency Medical Service
6391 Personnel Health Insurance Program, is repealed July 1, 2027.
6392 (30) Section 26B-4-710, related to rural residency training programs, is repealed July 1,
6393 2025.
6394 (31) Subsections 26B-5-112(1) and (5), the language that states "In consultation with
6395 the Behavioral Health Crisis Response Commission, established in Section 63C-18-202," is
6396 repealed December 31, 2026.
6397 (32) Section 26B-5-112.5 is repealed December 31, 2026.
6398 (33) Section 26B-5-114, related to the Behavioral Health Receiving Center Grant
6399 Program, is repealed December 31, 2026.
6400 (34) Section 26B-5-118, related to collaborative care grant programs, is repealed
6401 December 31, 2024.
6402 (35) Section 26B-5-120 is repealed December 31, 2026.
6403 (36) In relation to the Utah Assertive Community Treatment Act, on July 1, 2024:
6404 (a) Subsection 26B-5-606(2)(a)(i), the language that states "and" is repealed; and
6405 (b) Subsections 26B-5-606(2)(a)(ii), 26B-5-606(2)(b), and 26B-5-606(2)(c) are
6406 repealed.
6407 (37) In relation to the Behavioral Health Crisis Response Commission, on December
6408 31, 2026:
6409 (a) Subsection 26B-5-609(1)(a) is repealed;
6410 (b) Subsection 26B-5-609(3)(a), the language that states "With recommendations from
6411 the commission," is repealed;
6412 (c) Subsection 26B-5-610(1)(b) is repealed;
6413 (d) Subsection 26B-5-610(2)(b), the language that states "and in consultation with the
6414 commission," is repealed; and
6415 (e) Subsection 26B-5-610(4), the language that states "In consultation with the
6416 commission," is repealed.
6417 (38) Subsections 26B-5-611(1)(a) and (10), in relation to the Utah Substance Use and
6418 Mental Health Advisory Council, are repealed January 1, 2033.
6419 (39) Section 26B-5-612, related to integrated behavioral health care grant programs, is
6420 repealed December 31, 2025.
6421 (40) Subsection 26B-7-119(5), related to reports to the Legislature on the outcomes of
6422 the Hepatitis C Outreach Pilot Program, is repealed July 1, 2028.
6423 (41) Section 26B-7-224, related to reports to the Legislature on violent incidents and
6424 fatalities involving substance abuse, is repealed December 31, 2027.
6425 (42) Title 26B, Chapter 8, Part 5, Utah Health Data Authority, is repealed July 1, 2024.
6426 (43) Section 26B-8-513, related to identifying overuse of non-evidence-based health
6427 care, is repealed December 31, 2023.
6428 Section 84. Section 63I-1-226 (Effective 07/01/24) is amended to read:
6429 63I-1-226 (Effective 07/01/24). Repeal dates: Titles 26A through 26B.
6430 (1) Subsection 26B-1-204(2)(i), related to the Primary Care Grant Committee, is
6431 repealed July 1, 2025.
6432 (2) Section 26B-1-315, which creates the Medicaid Expansion Fund, is repealed July 1,
6433 [
6434 (3) Section 26B-1-319, which creates the Neuro-Rehabilitation Fund, is repealed
6435 January 1, 2025.
6436 (4) Section 26B-1-320, which creates the Pediatric Neuro-Rehabilitation Fund, is
6437 repealed January 1, 2025.
6438 (5) Subsection 26B-1-324(4), the language that states "the Behavioral Health Crisis
6439 Response Commission, as defined in Section 63C-18-202," is repealed December 31, 2026.
6440 (6) Subsection 26B-1-329(6), related to the Behavioral Health Crisis Response
6441 Commission, is repealed December 31, 2026.
6442 (7) Section 26B-1-402, related to the Rare Disease Advisory Council Grant Program, is
6443 repealed July 1, 2026.
6444 (8) Section 26B-1-409, which creates the Utah Digital Health Service Commission, is
6445 repealed July 1, 2025.
6446 (9) Section 26B-1-410, which creates the Primary Care Grant Committee, is repealed
6447 July 1, 2025.
6448 (10) Section 26B-1-416, which creates the Utah Children's Health Insurance Program
6449 Advisory Council, is repealed July 1, 2025.
6450 (11) Section 26B-1-417, which creates the Brain Injury Advisory Committee, is
6451 repealed July 1, 2025.
6452 (12) Section 26B-1-418, which creates the Neuro-Rehabilitation Fund and Pediatric
6453 Neuro-Rehabilitation Fund Advisory Committee, is repealed January 1, 2025.
6454 (13) Section 26B-1-422, which creates the Early Childhood Utah Advisory Council, is
6455 repealed July 1, 2029.
6456 (14) Section 26B-1-428, which creates the Youth Electronic Cigarette, Marijuana, and
6457 Other Drug Prevention Program, is repealed July 1, 2025.
6458 (15) Section 26B-1-430, which creates the Coordinating Council for Persons with
6459 Disabilities, is repealed July 1, 2027.
6460 (16) Section 26B-1-431, which creates the Forensic Mental Health Coordinating
6461 Council, is repealed July 1, 2023.
6462 (17) Section 26B-1-432, which creates the Newborn Hearing Screening Committee, is
6463 repealed July 1, 2026.
6464 (18) Section 26B-1-434, regarding the Correctional Postnatal and Early Childhood
6465 Advisory Board, is repealed July 1, 2026.
6466 (19) Section 26B-2-407, related to drinking water quality in child care centers, is
6467 repealed July 1, 2027.
6468 (20) Subsection 26B-3-107(9), which addresses reimbursement for dental hygienists, is
6469 repealed July 1, 2028.
6470 (21) Section 26B-3-136, which creates the Children's Health Care Coverage Program,
6471 is repealed July 1, 2025.
6472 (22) Section 26B-3-137, related to reimbursement for the National Diabetes Prevention
6473 Program, is repealed June 30, 2027.
6474 (23) Subsection 26B-3-213(2), the language that states "and the Behavioral Health
6475 Crisis Response Commission created in Section 63C-18-202" is repealed December 31, 2026.
6476 (24) Sections 26B-3-302 through 26B-3-309, regarding the Drug Utilization Review
6477 Board, are repealed July 1, 2027.
6478 (25) Title 26B, Chapter 3, Part 5, Inpatient Hospital Assessment, is repealed July 1,
6479 [
6480 (26) Title 26B, Chapter 3, Part 6, Medicaid Expansion Hospital Assessment, is
6481 repealed July 1, 2024.
6482 (27) Title 26B, Chapter 3, Part 7, Hospital Provider Assessment, is repealed July 1,
6483 2028.
6484 (28) Section 26B-3-910, regarding alternative eligibility, is repealed July 1, 2028.
6485 (29) Section 26B-4-710, related to rural residency training programs, is repealed July 1,
6486 2025.
6487 (30) Subsections 26B-5-112(1) and (5), the language that states "In consultation with
6488 the Behavioral Health Crisis Response Commission, established in Section 63C-18-202," is
6489 repealed December 31, 2026.
6490 (31) Section 26B-5-112.5 is repealed December 31, 2026.
6491 (32) Section 26B-5-114, related to the Behavioral Health Receiving Center Grant
6492 Program, is repealed December 31, 2026.
6493 (33) Section 26B-5-118, related to collaborative care grant programs, is repealed
6494 December 31, 2024.
6495 (34) Section 26B-5-120 is repealed December 31, 2026.
6496 (35) In relation to the Utah Assertive Community Treatment Act, on July 1, 2024:
6497 (a) Subsection 26B-5-606(2)(a)(i), the language that states "and" is repealed; and
6498 (b) Subsections 26B-5-606(2)(a)(ii), 26B-5-606(2)(b), and 26B-5-606(2)(c) are
6499 repealed.
6500 (36) In relation to the Behavioral Health Crisis Response Commission, on December
6501 31, 2026:
6502 (a) Subsection 26B-5-609(1)(a) is repealed;
6503 (b) Subsection 26B-5-609(3)(a), the language that states "With recommendations from
6504 the commission," is repealed;
6505 (c) Subsection 26B-5-610(1)(b) is repealed;
6506 (d) Subsection 26B-5-610(2)(b), the language that states "and in consultation with the
6507 commission," is repealed; and
6508 (e) Subsection 26B-5-610(4), the language that states "In consultation with the
6509 commission," is repealed.
6510 (37) Subsections 26B-5-611(1)(a) and (10), in relation to the Utah Substance Use and
6511 Mental Health Advisory Council, are repealed January 1, 2033.
6512 (38) Section 26B-5-612, related to integrated behavioral health care grant programs, is
6513 repealed December 31, 2025.
6514 (39) Subsection 26B-7-119(5), related to reports to the Legislature on the outcomes of
6515 the Hepatitis C Outreach Pilot Program, is repealed July 1, 2028.
6516 (40) Section 26B-7-224, related to reports to the Legislature on violent incidents and
6517 fatalities involving substance abuse, is repealed December 31, 2027.
6518 (41) Title 26B, Chapter 8, Part 5, Utah Health Data Authority, is repealed July 1, 2024.
6519 (42) Section 26B-8-513, related to identifying overuse of non-evidence-based health
6520 care, is repealed December 31, 2023.
6521 Section 85. Section 63M-7-208 is amended to read:
6522 63M-7-208. Juvenile justice oversight -- Delegation -- Effective dates.
6523 (1) The State Commission on Criminal and Juvenile Justice shall:
6524 (a) support implementation and expansion of evidence-based juvenile justice programs
6525 and practices, including assistance regarding implementation fidelity, quality assurance, and
6526 ongoing evaluation;
6527 (b) examine and make recommendations on the use of third-party entities or an
6528 intermediary organization to assist with implementation and to support the performance-based
6529 contracting system authorized in Subsection (1)(m);
6530 (c) oversee the development of performance measures to track juvenile justice reforms,
6531 and ensure early and ongoing stakeholder engagement in identifying the relevant performance
6532 measures;
6533 (d) evaluate currently collected data elements throughout the juvenile justice system
6534 and contract reporting requirements to streamline reporting, reduce redundancies, eliminate
6535 inefficiencies, and ensure a focus on recidivism reduction;
6536 (e) review averted costs from reductions in out-of-home placements for juvenile justice
6537 youth placed with the [
6538 Youth Services and the Division of Child and Family Services, and make recommendations to
6539 prioritize the reinvestment and realignment of resources into community-based programs for
6540 youth living at home, including the following:
6541 (i) statewide expansion of:
6542 (A) juvenile receiving centers, as defined in Section 80-1-102;
6543 (B) mobile crisis outreach teams, as defined in Section [
6544 (C) youth courts; and
6545 (D) victim-offender mediation;
6546 (ii) statewide implementation of nonresidential diagnostic assessment;
6547 (iii) statewide availability of evidence-based programs and practices including
6548 cognitive behavioral and family therapy programs for minors assessed by a validated risk and
6549 needs assessment as moderate or high risk;
6550 (iv) implementation and infrastructure to support the sustainability and fidelity of
6551 evidence-based juvenile justice programs, including resources for staffing, transportation, and
6552 flexible funds; and
6553 (v) early intervention programs such as family strengthening programs, family
6554 wraparound services, and proven truancy interventions;
6555 (f) assist the Administrative Office of the Courts in the development of a statewide
6556 sliding scale for the assessment of fines, fees, and restitution, based on the ability of the minor's
6557 family to pay;
6558 (g) analyze the alignment of resources and the roles and responsibilities of agencies,
6559 such as the operation of early intervention services, receiving centers, and diversion, and make
6560 recommendations to reallocate functions as appropriate, in accordance with Section 80-5-401;
6561 (h) comply with the data collection and reporting requirements under Section
6562 80-6-104;
6563 (i) develop a reasonable timeline within which all programming delivered to minors in
6564 the juvenile justice system must be evidence-based or consist of practices that are rated as
6565 effective for reducing recidivism by a standardized program evaluation tool;
6566 (j) provide guidelines to be considered by the Administrative Office of the Courts and
6567 the [
6568 developing tools considered by the Administrative Office of the Courts and the [
6569
6570 selecting tools to be used for the evaluation of juvenile justice programs;
6571 (k) develop a timeline to support improvements to juvenile justice programs to achieve
6572 reductions in recidivism and review reports from relevant state agencies on progress toward
6573 reaching that timeline;
6574 (l) subject to Subsection (2), assist in the development of training for juvenile justice
6575 stakeholders, including educators, law enforcement officers, probation staff, judges, [
6576
6577 Child and Family Services staff, and program providers;
6578 (m) subject to Subsection (3), assist in the development of a performance-based
6579 contracting system, which shall be developed by the Administrative Office of the Courts and
6580 the [
6581 contracted services in the community and contracted out-of-home placement providers;
6582 (n) assist in the development of a validated detention risk assessment tool that is
6583 developed or adopted and validated by the Administrative Office of the Courts and the
6584 [
6585 provided in Section 80-5-203; and
6586 (o) annually issue and make public a report to the governor, president of the Senate,
6587 speaker of the House of Representatives, and chief justice of the Utah Supreme Court on the
6588 progress of the reforms and any additional areas in need of review.
6589 (2) Training described in Subsection (1)(l) should include instruction on
6590 evidence-based programs and principles of juvenile justice, such as risk, needs, responsivity,
6591 and fidelity, and shall be supplemented by the following topics:
6592 (a) adolescent development;
6593 (b) identifying and using local behavioral health resources;
6594 (c) cross-cultural awareness;
6595 (d) graduated responses;
6596 (e) Utah juvenile justice system data and outcomes; and
6597 (f) gangs.
6598 (3) The system described in Subsection (1)(m) shall provide incentives for:
6599 (a) the use of evidence-based juvenile justice programs and practices rated as effective
6600 by the tools selected in accordance with Subsection (1)(j);
6601 (b) the use of three-month timelines for program completion; and
6602 (c) evidence-based programs and practices for minors living at home in rural areas.
6603 (4) The State Commission on Criminal and Juvenile Justice may delegate the duties
6604 imposed under this section to a subcommittee or board established by the State Commission on
6605 Criminal and Juvenile Justice in accordance with Subsection 63M-7-204(2).
6606 Section 86. Section 63M-7-401 is amended to read:
6607 63M-7-401. Creation -- Members -- Appointment -- Qualifications.
6608 (1) There is created a state commission to be known as the Sentencing Commission
6609 composed of 28 members. The commission shall develop by-laws and rules in compliance
6610 with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, and elect its officers.
6611 (2) The commission's members shall be:
6612 (a) two members of the House of Representatives, appointed by the speaker of the
6613 House and not of the same political party;
6614 (b) two members of the Senate, appointed by the president of the Senate and not of the
6615 same political party;
6616 (c) the executive director of the Department of Corrections or a designee appointed by
6617 the executive director;
6618 (d) the director of the [
6619 Justice and Youth Services or a designee appointed by the director;
6620 (e) the executive director of the Commission on Criminal and Juvenile Justice or a
6621 designee appointed by the executive director;
6622 (f) the chair of the Board of Pardons and Parole or a designee appointed by the chair;
6623 (g) the chair of the Youth Parole Authority or a designee appointed by the chair;
6624 (h) two trial judges and an appellate judge appointed by the chair of the Judicial
6625 Council;
6626 (i) two juvenile court judges designated by the chair of the Judicial Council;
6627 (j) an attorney in private practice who is a member of the Utah State Bar, experienced
6628 in criminal defense, and appointed by the Utah Bar Commission;
6629 (k) an attorney who is a member of the Utah State Bar, experienced in the defense of
6630 minors in juvenile court, and appointed by the Utah Bar Commission;
6631 (l) the director of Salt Lake Legal Defenders or a designee appointed by the director;
6632 (m) the attorney general or a designee appointed by the attorney general;
6633 (n) a criminal prosecutor appointed by the Statewide Association of Public Attorneys;
6634 (o) a juvenile court prosecutor appointed by the Statewide Association of Public
6635 Attorneys;
6636 (p) a representative of the Utah Sheriff's Association appointed by the governor;
6637 (q) a chief of police appointed by the governor;
6638 (r) a licensed professional appointed by the governor who assists in the rehabilitation
6639 of adult offenders;
6640 (s) a licensed professional appointed by the governor who assists in the rehabilitation
6641 of juvenile offenders;
6642 (t) two members from the public appointed by the governor who exhibit sensitivity to
6643 the concerns of victims of crime and the ethnic composition of the population;
6644 (u) one member from the public at large appointed by the governor; and
6645 (v) a representative of an organization that specializes in civil rights or civil liberties on
6646 behalf of incarcerated individuals appointed by the governor.
6647 Section 87. Section 63M-7-601 is amended to read:
6648 63M-7-601. Creation -- Members -- Chair.
6649 (1) There is created within the governor's office the Utah Council on Victims of Crime.
6650 (2) The council is composed of 28 voting members as follows:
6651 (a) a representative of the State Commission on Criminal and Juvenile Justice
6652 appointed by the executive director;
6653 (b) a representative of the Department of Corrections appointed by the executive
6654 director;
6655 (c) a representative of the Board of Pardons and Parole appointed by the chair;
6656 (d) a representative of the Department of Public Safety appointed by the commissioner;
6657 (e) a representative of the [
6658 Justice and Youth Services appointed by the director;
6659 (f) a representative of the Utah Office for Victims of Crime appointed by the director;
6660 (g) a representative of the Office of the Attorney General appointed by the attorney
6661 general;
6662 (h) a representative of the United States Attorney for the district of Utah appointed by
6663 the United States Attorney;
6664 (i) a representative of Utah's Native American community appointed by the director of
6665 the Division of Indian Affairs after input from federally recognized tribes in Utah;
6666 (j) a professional or volunteer working in the area of violence against women and
6667 families appointed by the governor;
6668 (k) a representative of the Department of Health and Human Services Violence and
6669 Injury Prevention Program appointed by the program's manager;
6670 (l) the chair of each judicial district's victims' rights committee;
6671 (m) a representative of the Statewide Association of Public Attorneys appointed by that
6672 association;
6673 (n) a representative of the Utah Chiefs of Police Association appointed by the president
6674 of that association;
6675 (o) a representative of the Utah Sheriffs' Association appointed by the president of that
6676 association;
6677 (p) a representative of a Children's Justice Center appointed by the attorney general;
6678 (q) the director of the Division of Child and Family Services or that individual's
6679 designee;
6680 (r) the chair of the Utah Victim Services Commission or the chair's designee; and
6681 (s) the following members appointed by the members in Subsections (2)(a) through
6682 (2)(r) to serve four-year terms:
6683 (i) an individual who engages in community based advocacy;
6684 (ii) a citizen representative; and
6685 (iii) a citizen representative who has been a victim of crime.
6686 (3) The council shall annually elect:
6687 (a) one member to serve as chair;
6688 (b) one member to serve as vice-chair; and
6689 (c) one member to serve as treasurer.
6690 Section 88. Section 63M-7-702 is amended to read:
6691 63M-7-702. Domestic Violence Offender Treatment Board -- Creation --
6692 Membership -- Quorum -- Per diem -- Staff support -- Meetings.
6693 (1) There is created within the commission the Domestic Violence Offender Treatment
6694 Board consisting of the following members:
6695 (a) the executive director of the Department of Corrections, or the executive director's
6696 designee;
6697 (b) the executive director of the Department of Health and Human Services, or the
6698 executive director's designee;
6699 (c) one individual who represents a state program that focuses on prevention of injury
6700 and domestic violence appointed by the executive director of the Department of Health and
6701 Human Services;
6702 (d) the commissioner of public safety for the Department of Public Safety, or the
6703 commissioner's designee;
6704 (e) the chair of the Utah Victim Services Commission or the chair's designee;
6705 (f) the director of the Utah Office for Victims of Crime, or the director's designee;
6706 (g) the chair of the Board of Pardons and Parole, or the chair's designee;
6707 (h) the director of the [
6708 Justice and Youth Services, or the director's designee;
6709 (i) one individual who represents the Administrative Office of the Courts appointed by
6710 the state court administrator; and
6711 (j) ten individuals appointed by the executive director of the commission, including:
6712 (i) the following four individuals licensed under Title 58, Chapter 60, Mental Health
6713 Professional Practice Act:
6714 (A) a clinical social worker;
6715 (B) a marriage and family therapist;
6716 (C) a professional counselor; and
6717 (D) a psychologist;
6718 (ii) one individual who represents an association of criminal defense attorneys;
6719 (iii) one criminal defense attorney who primarily represents indigent criminal
6720 defendants;
6721 (iv) one individual who represents an association of prosecuting attorneys;
6722 (v) one individual who represents law enforcement;
6723 (vi) one individual who represents an association of criminal justice victim advocates;
6724 and
6725 (vii) one individual who represents a nonprofit organization that provides domestic
6726 violence victim advocate services.
6727 (2) (a) A member may not serve on the board for more than eight consecutive years.
6728 (b) If a vacancy occurs in the membership of the board appointed under Subsection (1),
6729 the member shall be replaced in the same manner in which the original appointment was made.
6730 (c) A member of the board serves until the member's successor is appointed.
6731 (3) The members of the board shall vote on a chair and co-chair of the board to serve
6732 for two years.
6733 (4) (a) A majority of the board members constitutes a quorum.
6734 (b) The action of a majority of a quorum constitutes an action of the board.
6735 (5) A board member may not receive compensation or benefits for the member's
6736 service on the board, but may receive per diem and reimbursement for travel expenses incurred
6737 as a board member at the rates established by the Division of Finance under:
6738 (a) Sections 63A-3-106 and 63A-3-107; and
6739 (b) rules made by the Division of Finance under Sections 63A-3-106 and 63A-3-107.
6740 (6) The commission shall provide staff support to the board.
6741 (7) The board shall meet at least quarterly on a date the board sets.
6742 Section 89. Section 63M-7-802 is amended to read:
6743 63M-7-802. Sex Offense Management Board - Creation - Members appointment -
6744 Qualifications - Terms.
6745 (1) There is created within the commission the Sex Offense Management Board
6746 consisting of the following members:
6747 (a) the executive director of the Department of Corrections, or the executive director's
6748 designee;
6749 (b) the commissioner of the Department of Public Safety, or the commissioner's
6750 designee;
6751 (c) the attorney general, or the attorney general's designee;
6752 (d) an officer with the adult probation and parole section of the Department of
6753 Corrections with experience supervising adults convicted of sex offenses, appointed by the
6754 executive director of the Department of Corrections;
6755 (e) the executive director of the Department of Health and Human Services, or the
6756 executive director's designee;
6757 (f) an individual who represents the Administrative Office of the Courts appointed by
6758 the state court administrator;
6759 (g) the director of the Utah Office for Victims of Crime, or the director's designee;
6760 (h) the director of the [
6761 Justice and Youth Services, or the director's designee;
6762 (i) the chair of the Board of Pardons and Parole, or the chair's designee; and
6763 (j) nine individuals appointed by the executive director of the commission, including:
6764 (i) the following two individuals licensed under Title 58, Chapter 60, Mental Health
6765 Professional Practice Act:
6766 (A) an individual with experience in the treatment of adults convicted of sex offenses
6767 in the community;
6768 (B) an individual with experience in the treatment of juveniles adjudicated of sex
6769 offenses in the community;
6770 (ii) an individual who represents an association of criminal defense attorneys;
6771 (iii) an individual who is a criminal defense attorney experienced in indigent criminal
6772 defense;
6773 (iv) an individual who represents an association of prosecuting attorneys;
6774 (v) an individual who represents law enforcement;
6775 (vi) an individual who represents an association of criminal justice victim advocates;
6776 (vii) an individual who is a clinical polygraph examiner experienced in providing
6777 polygraph examinations to individuals convicted of sex offenses; and
6778 (viii) an individual who has been previously convicted of a sex offense and has
6779 successfully completed treatment and supervision for the offense.
6780 (2) (a) A member described in Subsection (1)(j) shall serve a four-year term.
6781 (b) If a vacancy occurs among a member described in Subsection (1)(j), the executive
6782 director of the commission may appoint a new individual to fill the remainder of the term.
6783 (c) When a term of a member described in Subsection (1)(j) expires, the executive
6784 director of the commission shall appoint a new member or reappoint the member whose term
6785 has expired to a new four-year term.
6786 (3) The members of the board shall vote on a chair and co-chair of the board from
6787 among the members described in Subsection (1) to serve a two-year term.
6788 (4) A majority of the board constitutes a quorum.
6789 (5) A board member may not receive compensation or benefits for the member's
6790 service on the board, but may receive per diem and reimbursement for travel expenses incurred
6791 as a board member at rates established by the Division of Finance under:
6792 (a) Sections 63A-3-106 and 63A-3-107; and
6793 (b) rules made by the Division of Finance under Sections 63A-3-106 and 63A-3-107.
6794 (6) The commission shall provide staff support to the board.
6795 (7) The board shall meet at least six times per year on dates the board sets.
6796 Section 90. Section 67-5b-101 is amended to read:
6797 67-5b-101. Definitions.
6798 As used in this part:
6799 (1) "Center" means a Children's Justice Center established in accordance with Section
6800 67-5b-102.
6801 (2) "Child abuse case" means a juvenile, civil, or criminal case involving a child abuse
6802 victim.
6803 (3) "Child abuse victim" means a child 17 years [
6804 (a) a victim of:
6805 (i) sexual abuse; or
6806 (ii) physical abuse; or
6807 (b) a victim or a critical witness in any criminal case, such as a child endangerment
6808 case described in Section 76-5-112.5.
6809 (4) "Officers and employees" means any person performing services for two or more
6810 public agencies as agreed in a memorandum of understanding in accordance with Section
6811 67-5b-104.
6812 (5) "Public agency" means a municipality, a county, the attorney general, the Division
6813 of Child and Family Services, the [
6814 Justice and Youth Services, the Department of Corrections, the juvenile court, or the
6815 Administrative Office of the Courts.
6816 (6) "Satellite office" means a child-friendly facility supervised by a Children's Justice
6817 Center established in accordance with Section 67-5b-102.
6818 (7) (a) "Volunteer" means any individual who donates service without pay or other
6819 compensation except expenses actually and reasonably incurred as approved by the supervising
6820 agency.
6821 (b) "Volunteer" does not include an individual participating in human subjects research
6822 or a court-ordered compensatory service worker as defined in Section 67-20-2.
6823 Section 91. Section 76-3-401.5 is amended to read:
6824 76-3-401.5. Concurrent or consecutive sentence with a juvenile disposition.
6825 (1) As used in this section:
6826 (a) "Authority" means the Youth Parole Authority created in Section 80-5-701.
6827 (b) "Board" means the Board of Pardons and Parole created in Section 77-27-2.
6828 (c) "Division" means the [
6829 Justice and Youth Services created in Section 80-5-103.
6830 (d) (i) "Juvenile disposition" means an order for commitment to the custody of the
6831 division under Subsection 80-6-703(2).
6832 (ii) "Juvenile disposition" includes an order for secure care under Subsection
6833 80-6-705(1).
6834 (e) "Secure correctional facility" means the same as that term is defined in Section
6835 64-13-1.
6836 (f) "Secure care" means the same as that term is defined in Section 80-1-102.
6837 (2) If a defendant who is 18 years old or older is serving a juvenile disposition, a court
6838 may not terminate the juvenile disposition for the defendant when:
6839 (a) the defendant is convicted of an offense; and
6840 (b) the court imposes a sentence under Section 76-3-201 for the offense.
6841 (3) (a) If a defendant who is 18 years old or older is convicted and sentenced for an
6842 offense and the defendant is serving a juvenile disposition at the time of sentencing, the court
6843 shall determine whether the sentence is to run concurrently or consecutively to the juvenile
6844 disposition.
6845 (b) The court shall state on the record and in the order of judgment and commitment
6846 whether the sentence imposed is to run concurrently or consecutively with the juvenile
6847 disposition.
6848 (c) In determining whether a sentence is to run concurrently or consecutively with a
6849 juvenile disposition, the court shall consider:
6850 (i) the gravity and circumstances of the offense for which the defendant is convicted;
6851 (ii) the number of victims; and
6852 (iii) the history, character, and rehabilitative needs of the defendant.
6853 (d) If an order of judgment and commitment does not clearly state whether the sentence
6854 is to run consecutively or concurrently with the juvenile disposition, the division shall request
6855 clarification from the court.
6856 (e) Upon receipt of the request under Subsection (3)(d), the court shall enter a clarified
6857 order of judgment and commitment stating whether the sentence is to run concurrently or
6858 consecutively to the juvenile disposition.
6859 (4) If a court orders a sentence for imprisonment to run concurrently with a juvenile
6860 disposition for secure care, the defendant shall serve the sentence in secure care until the
6861 juvenile disposition is terminated by the authority in accordance with Section 80-6-804.
6862 (5) If a court orders a sentence for imprisonment in a county jail to run concurrently
6863 with a juvenile disposition for secure care and the disposition is terminated before the
6864 defendant's sentence for imprisonment in the county jail is terminated, the division shall:
6865 (a) notify the county jail at least 14 days before the day on which the defendant's
6866 disposition is terminated or the defendant is released from secure care; and
6867 (b) facilitate the transfer or release of the defendant in accordance with the order of
6868 judgment and commitment imposed by the court.
6869 (6) (a) If a court orders a sentence for imprisonment in a secure correctional facility to
6870 run concurrently with a juvenile disposition for secure care:
6871 (i) the board has authority over the defendant for purposes of ordering parole, pardon,
6872 commutation, termination of sentence, remission of fines or forfeitures, restitution, and any
6873 other authority granted by law; and
6874 (ii) the court and the division shall immediately notify the board that the defendant will
6875 remain in secure care as described in Subsection (4) for the board to schedule a hearing for the
6876 defendant in accordance with board procedures.
6877 (b) If a court orders a sentence for imprisonment in a secure correctional facility to run
6878 concurrently with a juvenile disposition for secure care and the juvenile disposition is
6879 terminated before the defendant's sentence is terminated, the division shall:
6880 (i) notify the board and the Department of Corrections at least 14 days before the day
6881 on which the defendant's disposition is terminated or the defendant is released from the secure
6882 care; and
6883 (ii) facilitate a release or transfer of the defendant in accordance with the order of
6884 judgment and commitment imposed by the court.
6885 Section 92. Section 76-5-101 is amended to read:
6886 76-5-101. Definitions.
6887 Unless otherwise provided, as used in this part:
6888 (1) "Detained individual" means an individual detained under Section 77-7-15.
6889 (2) "Prisoner" means an individual who is in custody of a peace officer pursuant to a
6890 lawful arrest or who is confined in a jail or other penal institution or a facility used for
6891 confinement of delinquent juveniles operated by the [
6892 Division of Juvenile Justice and Youth Services regardless of whether the confinement is legal.
6893 Section 93. Section 76-5-413 is amended to read:
6894 76-5-413. Custodial sexual relations with youth receiving state services --
6895 Penalties -- Defenses and limitations.
6896 (1) (a) As used in this section:
6897 (i) "Actor" means:
6898 (A) an individual employed by the Department of Health and Human Services created
6899 in Section 26B-1-201, or an employee of a private provider or contractor; or
6900 (B) an individual employed by the juvenile court of the state, or an employee of a
6901 private provider or contractor.
6902 (ii) "Department" means the Department of Health and Human Services created in
6903 Section 26B-1-201.
6904 (iii) "Juvenile court" means the juvenile court of the state created in Section
6905 78A-6-102.
6906 (iv) "Private provider or contractor" means a person that contracts with the:
6907 (A) department to provide services or functions that are part of the operation of the
6908 department; or
6909 (B) juvenile court to provide services or functions that are part of the operation of the
6910 juvenile court.
6911 (v) "Youth receiving state services" means an individual:
6912 (A) younger than 18 years old, except as provided under Subsection (1)(a)(v)(B), who
6913 is:
6914 (I) in the custody of the department under Section 80-6-703; or
6915 (II) receiving services from any division of the department if any portion of the costs of
6916 these services is covered by public money; or
6917 (B) younger than 21 years old:
6918 (I) who is in the custody of the [
6919 Juvenile Justice and Youth Services, or the Division of Child and Family Services; or
6920 (II) whose case is under the jurisdiction of the juvenile court.
6921 (b) Terms defined in Section 76-1-101.5 apply to this section.
6922 (2) (a) Under circumstances not amounting to an offense listed in Subsection (4), an
6923 actor commits custodial sexual relations with a youth receiving state services if:
6924 (i) the actor commits any of the acts described in Subsection (2)(b); and
6925 (ii) (A) the actor knows that the individual is a youth receiving state services; or
6926 (B) a reasonable person in the actor's position should have known under the
6927 circumstances that the individual was a youth receiving state services.
6928 (b) Acts referred to in Subsection (2)(a)(i) are:
6929 (i) having sexual intercourse with a youth receiving state services;
6930 (ii) engaging in any sexual act with a youth receiving state services involving the
6931 genitals of one individual and the mouth or anus of another individual; or
6932 (iii) (A) causing the penetration, however slight, of the genital or anal opening of a
6933 youth receiving state services by any foreign object, substance, instrument, or device, including
6934 a part of the human body; and
6935 (B) with the intent to cause substantial emotional or bodily pain to any individual or
6936 with the intent to arouse or gratify the sexual desire of any individual.
6937 (c) Any touching, even if accomplished through clothing, is sufficient to constitute the
6938 relevant element of a violation of Subsection (2)(a).
6939 (3) (a) A violation of Subsection (2) is a third degree felony.
6940 (b) Notwithstanding Subsection (3)(a), if the youth receiving state services is younger
6941 than 18 years old, a violation of Subsection (2) is a second degree felony.
6942 (c) If the act committed under Subsection (2) amounts to an offense subject to a greater
6943 penalty under another provision of state law than is provided under this Subsection (3), this
6944 Subsection (3) does not prohibit prosecution and sentencing for the more serious offense.
6945 (4) The offenses referred to in Subsection (2) are:
6946 (a) unlawful sexual activity with a minor, in violation of Section 76-5-401;
6947 (b) rape, in violation of Section 76-5-402;
6948 (c) rape of a child, in violation of Section 76-5-402.1;
6949 (d) object rape, in violation of Section 76-5-402.2;
6950 (e) object rape of a child, in violation of Section 76-5-402.3;
6951 (f) forcible sodomy, in violation of Section 76-5-403;
6952 (g) sodomy on a child, in violation of Section 76-5-403.1;
6953 (h) forcible sexual abuse, in violation of Section 76-5-404;
6954 (i) sexual abuse of a child, in violation of Section 76-5-404.1;
6955 (j) aggravated sexual abuse of a child, in violation of Section 76-5-404.3;
6956 (k) aggravated sexual assault, in violation of Section 76-5-405; or
6957 (l) an attempt to commit an offense listed in Subsections (4)(a) through (4)(k).
6958 (5) (a) It is not a defense to the commission of, or an attempt to commit, the offense
6959 described in Subsection (2) if the youth receiving state services is younger than 18 years old,
6960 that the actor:
6961 (i) mistakenly believed the youth receiving state services to be 18 years old or older at
6962 the time of the alleged offense; or
6963 (ii) was unaware of the true age of the youth receiving state services.
6964 (b) Consent of the youth receiving state services is not a defense to any violation or
6965 attempted violation of Subsection (2).
6966 (6) It is a defense that the commission by the actor of an act under Subsection (2) is the
6967 result of compulsion, as the defense is described in Subsection 76-2-302(1).
6968 Section 94. Section 76-8-311.5 is amended to read:
6969 76-8-311.5. Aiding or concealing a juvenile offender -- Trespass of a secure care
6970 facility -- Criminal penalties.
6971 (1) As used in this section:
6972 (a) "Division" means the [
6973 Justice and Youth Services created in Section 80-5-103.
6974 (b) "Juvenile offender" means the same as that term is defined in Section 80-1-102.
6975 (c) "Secure care" means the same as that term is defined in Section 80-1-102.
6976 (d) "Secure care facility" means the same as that term is defined in Section 80-1-102.
6977 (2) An individual who commits any of the following offenses is guilty of a class A
6978 misdemeanor:
6979 (a) entering, or attempting to enter, a building or enclosure appropriated to the use of
6980 juvenile offenders, without permission;
6981 (b) entering any premises belonging to a secure care facility and committing or
6982 attempting to commit a trespass or damage on the premises of a secure care facility; or
6983 (c) willfully annoying or disturbing the peace and quiet of a secure care facility or of a
6984 juvenile offender in a secure care facility.
6985 (3) An individual is guilty of a third degree felony who:
6986 (a) knowingly harbors or conceals a juvenile offender who has:
6987 (i) escaped from secure care; or
6988 (ii) as described in Subsection (4), absconded from:
6989 (A) a facility or supervision; or
6990 (B) supervision of the division; or
6991 (b) willfully aided or assisted a juvenile offender who has been lawfully committed to a
6992 secure care facility in escaping or attempting to escape from the secure care facility.
6993 (4) As used in this section:
6994 (a) a juvenile offender absconds from a facility under this section when the juvenile
6995 offender:
6996 (i) leaves the facility without permission; or
6997 (ii) fails to return at a prescribed time.
6998 (b) A juvenile offender absconds from supervision when the juvenile offender:
6999 (i) changes the juvenile offender's residence from the residence that the juvenile
7000 offender reported to the division as the juvenile offender's correct address to another residence,
7001 without notifying the division or obtaining permission; or
7002 (ii) for the purpose of avoiding supervision:
7003 (A) hides at a different location from the juvenile offender's reported residence; or
7004 (B) leaves the juvenile offender's reported residence.
7005 Section 95. Section 77-16b-102 is amended to read:
7006 77-16b-102. Definitions.
7007 As used in this chapter:
7008 (1) "Correctional facility" means:
7009 (a) a county jail;
7010 (b) a secure correctional facility as defined by Section 64-13-1; or
7011 (c) a secure care facility as defined in Section 80-1-102.
7012 (2) "Correctional facility administrator" means:
7013 (a) a county sheriff in charge of a county jail;
7014 (b) a designee of the executive director of the Utah Department of Corrections; or
7015 (c) a designee of the director of the [
7016 Juvenile Justice and Youth Services.
7017 (3) "Medical supervision" means under the direction of a licensed physician, physician
7018 assistant, or nurse practitioner.
7019 (4) "Mental health therapist" means the same as that term is defined in Section
7020 58-60-102.
7021 (5) "Prisoner" means:
7022 (a) any individual who is a pretrial detainee or who has been committed to the custody
7023 of a sheriff or the Utah Department of Corrections, and who is physically in a correctional
7024 facility; and
7025 (b) any individual who is 18 years old or older and younger than 21 years old, and who
7026 has been committed to the custody of the [
7027 Juvenile Justice and Youth Services.
7028 Section 96. Section 77-38-3 is amended to read:
7029 77-38-3. Notification to victims -- Initial notice, election to receive subsequent
7030 notices -- Form of notice -- Protected victim information -- Pretrial criminal no contact
7031 order.
7032 (1) Within seven days after the day on which felony criminal charges are filed against a
7033 defendant, the prosecuting agency shall provide an initial notice to reasonably identifiable and
7034 locatable victims of the crime contained in the charges, except as otherwise provided in this
7035 chapter.
7036 (2) The initial notice to the victim of a crime shall provide information about electing
7037 to receive notice of subsequent important criminal justice hearings listed in Subsections
7038 77-38-2(5)(a) through (g) and rights under this chapter.
7039 (3) The prosecuting agency shall provide notice to a victim of a crime:
7040 (a) for the important criminal justice hearings, provided in Subsections 77-38-2(5)(a)
7041 through (g), which the victim has requested; and
7042 (b) for a restitution request to be submitted in accordance with Section 77-38b-202.
7043 (4) (a) The responsible prosecuting agency may provide initial and subsequent notices
7044 in any reasonable manner, including telephonically, electronically, orally, or by means of a
7045 letter or form prepared for this purpose.
7046 (b) In the event of an unforeseen important criminal justice hearing, described in
7047 Subsections 77-38-2(5)(a) through (g) for which a victim has requested notice, a good faith
7048 attempt to contact the victim by telephone shall be considered sufficient notice, provided that
7049 the prosecuting agency subsequently notifies the victim of the result of the proceeding.
7050 (5) (a) The court shall take reasonable measures to ensure that its scheduling practices
7051 for the proceedings provided in Subsections 77-38-2(5)(a) through (g) permit an opportunity
7052 for victims of crimes to be notified.
7053 (b) The court shall consider whether any notification system that the court might use to
7054 provide notice of judicial proceedings to defendants could be used to provide notice of judicial
7055 proceedings to victims of crimes.
7056 (6) A defendant or, if it is the moving party, the Division of Adult Probation and
7057 Parole, shall give notice to the responsible prosecuting agency of any motion for modification
7058 of any determination made at any of the important criminal justice hearings provided in
7059 Subsections 77-38-2(5)(a) through (g) in advance of any requested court hearing or action so
7060 that the prosecuting agency may comply with the prosecuting agency's notification obligation.
7061 (7) (a) Notice to a victim of a crime shall be provided by the Board of Pardons and
7062 Parole for the important criminal justice hearing under Subsection 77-38-2(5)(h).
7063 (b) The board may provide notice in any reasonable manner, including telephonically,
7064 electronically, orally, or by means of a letter or form prepared for this purpose.
7065 (8) Prosecuting agencies and the Board of Pardons and Parole are required to give
7066 notice to a victim of a crime for the proceedings provided in Subsections 77-38-2(5)(a) through
7067 (g) only where the victim has responded to the initial notice, requested notice of subsequent
7068 proceedings, and provided a current address and telephone number if applicable.
7069 (9) To facilitate the payment of restitution and the notice of hearings regarding
7070 restitution, a victim who seeks restitution and notice of restitution hearings shall provide the
7071 court with the victim's current address and telephone number.
7072 (10) (a) Law enforcement and criminal justice agencies shall refer any requests for
7073 notice or information about crime victim rights from victims to the responsible prosecuting
7074 agency.
7075 (b) In a case in which the Board of Pardons and Parole is involved, the responsible
7076 prosecuting agency shall forward any request for notice the prosecuting agency has received
7077 from a victim to the Board of Pardons and Parole.
7078 (11) In all cases where the number of victims exceeds 10, the responsible prosecuting
7079 agency may send any notices required under this chapter in the prosecuting agency's discretion
7080 to a representative sample of the victims.
7081 (12) (a) A victim's address, telephone number, and victim impact statement maintained
7082 by a peace officer, prosecuting agency, Youth Parole Authority, [
7083
7084 State Courts, and Board of Pardons and Parole, for purposes of providing notice under this
7085 section, are classified as protected under Subsection 63G-2-305(10).
7086 (b) The victim's address, telephone number, and victim impact statement is available
7087 only to the following persons or entities in the performance of their duties:
7088 (i) a law enforcement agency, including the prosecuting agency;
7089 (ii) a victims' right committee as provided in Section 77-37-5;
7090 (iii) a governmentally sponsored victim or witness program;
7091 (iv) the Department of Corrections;
7092 (v) the Utah Office for Victims of Crime;
7093 (vi) the Commission on Criminal and Juvenile Justice;
7094 (vii) the Utah State Courts; and
7095 (viii) the Board of Pardons and Parole.
7096 (13) The notice provisions as provided in this section do not apply to misdemeanors as
7097 provided in Section 77-38-5 and to important juvenile justice hearings as provided in Section
7098 77-38-2.
7099 (14) (a) When a defendant is charged with a felony crime under Sections 76-5-301
7100 through 76-5-310.1 regarding kidnapping, human trafficking, and human smuggling; Sections
7101 76-5-401 through 76-5-413.2 regarding sexual offenses; or Section 76-10-1306 regarding
7102 aggravated exploitation of prostitution, the court may, during any court hearing where the
7103 defendant is present, issue a pretrial criminal no contact order:
7104 (i) prohibiting the defendant from harassing, telephoning, contacting, or otherwise
7105 communicating with the victim directly or through a third party;
7106 (ii) ordering the defendant to stay away from the residence, school, place of
7107 employment of the victim, and the premises of any of these, or any specified place frequented
7108 by the victim or any designated family member of the victim directly or through a third party;
7109 and
7110 (iii) ordering any other relief that the court considers necessary to protect and provide
7111 for the safety of the victim and any designated family or household member of the victim.
7112 (b) Violation of a pretrial criminal no contact order issued pursuant to this section is a
7113 third degree felony.
7114 (c) (i) The court shall provide to the victim a certified copy of any pretrial criminal no
7115 contact order that has been issued if the victim can be located with reasonable effort.
7116 (ii) The court shall also transmit the pretrial criminal no contact order to the statewide
7117 domestic violence network in accordance with Section 78B-7-113.
7118 (15) (a) When a case involving a victim may resolve before trial with a plea deal, the
7119 prosecutor shall notify the victim of that possibility as soon as practicable.
7120 (b) Upon the request of a victim described in Subsection (15)(a), the prosecutor shall
7121 explain the available details of an anticipated plea deal.
7122 Section 97. Section 77-41-102 (Superseded 07/01/24) is amended to read:
7123 77-41-102 (Superseded 07/01/24). Definitions.
7124 As used in this chapter:
7125 (1) "Bureau" means the Bureau of Criminal Identification of the Department of Public
7126 Safety established in section 53-10-201.
7127 (2) "Business day" means a day on which state offices are open for regular business.
7128 (3) "Certificate of eligibility" means a document issued by the Bureau of Criminal
7129 Identification showing that the offender has met the requirements of Section 77-41-112.
7130 (4) (a) "Convicted" means a plea or conviction of:
7131 (i) guilty;
7132 (ii) guilty with a mental condition; or
7133 (iii) no contest.
7134 (b) "Convicted" includes, unless otherwise specified, the period a plea is held in
7135 abeyance pursuant to a plea in abeyance agreement as defined in Section 77-2a-1.
7136 (c) "Convicted" does not include:
7137 (i) a withdrawn or dismissed plea in abeyance;
7138 (ii) a diversion agreement; or
7139 (iii) an adjudication of a minor for an offense under Section 80-6-701.
7140 (5) "Department" means the Department of Corrections.
7141 (6) "Division" means the [
7142 Justice and Youth Services.
7143 (7) "Employed" or "carries on a vocation" includes employment that is full time or part
7144 time, whether financially compensated, volunteered, or for the purpose of government or
7145 educational benefit.
7146 (8) "Indian Country" means:
7147 (a) all land within the limits of any Indian reservation under the jurisdiction of the
7148 United States government, regardless of the issuance of any patent, and includes rights-of-way
7149 running through the reservation;
7150 (b) all dependent Indian communities within the borders of the United States whether
7151 within the original or subsequently acquired territory, and whether or not within the limits of a
7152 state; and
7153 (c) all Indian allotments, including the Indian allotments to which the Indian titles have
7154 not been extinguished, including rights-of-way running through the allotments.
7155 (9) "Jurisdiction" means any state, Indian Country, United States Territory, or any
7156 property under the jurisdiction of the United States military, Canada, the United Kingdom,
7157 Australia, or New Zealand.
7158 (10) "Kidnap offender" means any individual, other than a natural parent of the victim:
7159 (a) who has been convicted in this state of a violation of:
7160 (i) Subsection 76-5-301(2)(c) or (d), kidnapping;
7161 (ii) Section 76-5-301.1, child kidnapping;
7162 (iii) Section 76-5-302, aggravated kidnapping;
7163 (iv) Section 76-5-308, human trafficking for labor;
7164 (v) Section 76-5-308.3, human smuggling;
7165 (vi) Section 76-5-308, human smuggling, when the individual smuggled is under 18
7166 years old;
7167 (vii) Section 76-5-308.5, human trafficking of a child for labor;
7168 (viii) Section 76-5-310, aggravated human trafficking;
7169 (ix) Section 76-5-310.1, aggravated human smuggling;
7170 (x) Section 76-5-311, human trafficking of a vulnerable adult for labor; or
7171 (xi) attempting, soliciting, or conspiring to commit any felony offense listed in
7172 Subsections (10)(a)(i) through (x);
7173 (b) (i) who has been convicted of any crime, or an attempt, solicitation, or conspiracy
7174 to commit a crime in another jurisdiction, including any state, federal, or military court that is
7175 substantially equivalent to the offenses listed in Subsection (10)(a); and
7176 (ii) who is:
7177 (A) a Utah resident; or
7178 (B) not a Utah resident, but who, in any 12-month period, is in this state for a total of
7179 10 or more days, regardless of whether or not the offender intends to permanently reside in this
7180 state;
7181 (c) (i) (A) who is required to register as a kidnap offender in any other jurisdiction of
7182 original conviction;
7183 (B) who is required to register as a kidnap offender by any state, federal, or military
7184 court; or
7185 (C) who would be required to register as a kidnap offender if residing in the
7186 jurisdiction of the conviction regardless of the date of the conviction or any previous
7187 registration requirements; and
7188 (ii) in any 12-month period, who is in this state for a total of 10 or more days,
7189 regardless of whether or not the offender intends to permanently reside in this state;
7190 (d) (i) (A) who is a nonresident regularly employed or working in this state; or
7191 (B) who is a student in this state; and
7192 (ii) (A) who was convicted of one or more offenses listed in Subsection (10), or any
7193 substantially equivalent offense in another jurisdiction; or
7194 (B) as a result of the conviction, who is required to register in the individual's state of
7195 residence;
7196 (e) who is found not guilty by reason of insanity in this state or in any other jurisdiction
7197 of one or more offenses listed in Subsection (10); or
7198 (f) (i) who is adjudicated under Section 80-6-701 for one or more offenses listed in
7199 Subsection (10)(a); and
7200 (ii) who has been committed to the division for secure care, as defined in Section
7201 80-1-102, for that offense if:
7202 (A) the individual remains in the division's custody until 30 days before the individual's
7203 21st birthday;
7204 (B) the juvenile court extended the juvenile court's jurisdiction over the individual
7205 under Section 80-6-605 and the individual remains in the division's custody until 30 days
7206 before the individual's 25th birthday; or
7207 (C) the individual is moved from the division's custody to the custody of the
7208 department before expiration of the division's jurisdiction over the individual.
7209 (11) "Natural parent" means a minor's biological or adoptive parent, and includes the
7210 minor's noncustodial parent.
7211 (12) "Offender" means a kidnap offender as defined in Subsection (10) or a sex
7212 offender as defined in Subsection (18).
7213 (13) "Online identifier" or "Internet identifier":
7214 (a) means any electronic mail, chat, instant messenger, social networking, or similar
7215 name used for Internet communication; and
7216 (b) does not include date of birth, social security number, PIN number, or Internet
7217 passwords.
7218 (14) "Primary residence" means the location where the offender regularly resides, even
7219 if the offender intends to move to another location or return to another location at any future
7220 date.
7221 (15) "Register" means to comply with the requirements of this chapter and
7222 administrative rules of the department made under this chapter.
7223 (16) "Registration website" means the Sex and Kidnap Offender Notification and
7224 Registration website described in Section 77-41-110 and the information on the website.
7225 (17) "Secondary residence" means any real property that the offender owns or has a
7226 financial interest in, or any location where, in any 12-month period, the offender stays
7227 overnight a total of 10 or more nights when not staying at the offender's primary residence.
7228 (18) "Sex offender" means any individual:
7229 (a) convicted in this state of:
7230 (i) a felony or class A misdemeanor violation of Section 76-4-401, enticing a minor;
7231 (ii) Section 76-5b-202, sexual exploitation of a vulnerable adult;
7232 (iii) Section 76-5-308.1, human trafficking for sexual exploitation;
7233 (iv) Section 76-5-308.5, human trafficking of a child for sexual exploitation;
7234 (v) Section 76-5-310, aggravated human trafficking for sexual exploitation;
7235 (vi) Section 76-5-311, human trafficking of a vulnerable adult for sexual exploitation;
7236 (vii) Section 76-5-401, unlawful sexual activity with a minor, except as provided in
7237 Subsection 76-5-401(3)(b) or (c);
7238 (viii) Section 76-5-401.1, sexual abuse of a minor, except as provided in Subsection
7239 76-5-401.1(3);
7240 (ix) Section 76-5-401.2, unlawful sexual conduct with a 16 or 17 year old;
7241 (x) Section 76-5-402, rape;
7242 (xi) Section 76-5-402.1, rape of a child;
7243 (xii) Section 76-5-402.2, object rape;
7244 (xiii) Section 76-5-402.3, object rape of a child;
7245 (xiv) a felony violation of Section 76-5-403, forcible sodomy;
7246 (xv) Section 76-5-403.1, sodomy on a child;
7247 (xvi) Section 76-5-404, forcible sexual abuse;
7248 (xvii) Section 76-5-404.1, sexual abuse of a child, or Section 76-5-404.3, aggravated
7249 sexual abuse of a child;
7250 (xviii) Section 76-5-405, aggravated sexual assault;
7251 (xix) Section 76-5-412, custodial sexual relations, when the individual in custody is
7252 younger than 18 years old, if the offense is committed on or after May 10, 2011;
7253 (xx) Section 76-5b-201, sexual exploitation of a minor;
7254 (xxi) Section 76-5b-201.1, aggravated sexual exploitation of a minor;
7255 (xxii) Section 76-5b-204, sexual extortion or aggravated sexual extortion;
7256 (xxiii) Section 76-7-102, incest;
7257 (xxiv) Section 76-9-702, lewdness, if the individual has been convicted of the offense
7258 four or more times;
7259 (xxv) Section 76-9-702.1, sexual battery, if the individual has been convicted of the
7260 offense four or more times;
7261 (xxvi) any combination of convictions of Section 76-9-702, lewdness, and of Section
7262 76-9-702.1, sexual battery, that total four or more convictions;
7263 (xxvii) Section 76-9-702.5, lewdness involving a child;
7264 (xxviii) a felony or class A misdemeanor violation of Section 76-9-702.7, voyeurism;
7265 (xxix) Section 76-10-1306, aggravated exploitation of prostitution; or
7266 (xxx) attempting, soliciting, or conspiring to commit any felony offense listed in this
7267 Subsection (18)(a);
7268 (b) (i) who has been convicted of any crime, or an attempt, solicitation, or conspiracy
7269 to commit a crime in another jurisdiction, including any state, federal, or military court that is
7270 substantially equivalent to the offenses listed in Subsection (18)(a); and
7271 (ii) who is:
7272 (A) a Utah resident; or
7273 (B) not a Utah resident, but who, in any 12-month period, is in this state for a total of
7274 10 or more days, regardless of whether the offender intends to permanently reside in this state;
7275 (c) (i) (A) who is required to register as a sex offender in any other jurisdiction of
7276 original conviction;
7277 (B) who is required to register as a sex offender by any state, federal, or military court;
7278 or
7279 (C) who would be required to register as a sex offender if residing in the jurisdiction of
7280 the original conviction regardless of the date of the conviction or any previous registration
7281 requirements; and
7282 (ii) who, in any 12-month period, is in the state for a total of 10 or more days,
7283 regardless of whether or not the offender intends to permanently reside in this state;
7284 (d) (i) (A) who is a nonresident regularly employed or working in this state; or
7285 (B) who is a student in this state; and
7286 (ii) (A) who was convicted of one or more offenses listed in Subsection (18)(a), or any
7287 substantially equivalent offense in any jurisdiction; or
7288 (B) who is, as a result of the conviction, required to register in the individual's
7289 jurisdiction of residence;
7290 (e) who is found not guilty by reason of insanity in this state, or in any other
7291 jurisdiction of one or more offenses listed in Subsection (18)(a); or
7292 (f) (i) who is adjudicated under Section 80-6-701 for one or more offenses listed in
7293 Subsection (18)(a); and
7294 (ii) who has been committed to the division for secure care, as defined in Section
7295 80-1-102, for that offense if:
7296 (A) the individual remains in the division's custody until 30 days before the individual's
7297 21st birthday;
7298 (B) the juvenile court extended the juvenile court's jurisdiction over the individual
7299 under Section 80-6-605 and the individual remains in the division's custody until 30 days
7300 before the individual's 25th birthday; or
7301 (C) the individual is moved from the division's custody to the custody of the
7302 department before expiration of the division's jurisdiction over the individual.
7303 (19) "Traffic offense" does not include a violation of Title 41, Chapter 6a, Part 5,
7304 Driving Under the Influence and Reckless Driving.
7305 (20) "Vehicle" means any motor vehicle, aircraft, or watercraft subject to registration in
7306 any jurisdiction.
7307 Section 98. Section 77-41-102 (Effective 07/01/24) is amended to read:
7308 77-41-102 (Effective 07/01/24). Definitions.
7309 As used in this chapter:
7310 (1) "Bureau" means the Bureau of Criminal Identification of the Department of Public
7311 Safety established in section 53-10-201.
7312 (2) "Business day" means a day on which state offices are open for regular business.
7313 (3) "Certificate of eligibility" means a document issued by the Bureau of Criminal
7314 Identification showing that the offender has met the requirements of Section 77-41-112.
7315 (4) (a) "Convicted" means a plea or conviction of:
7316 (i) guilty;
7317 (ii) guilty with a mental illness; or
7318 (iii) no contest.
7319 (b) "Convicted" includes, unless otherwise specified, the period a plea is held in
7320 abeyance pursuant to a plea in abeyance agreement as defined in Section 77-2a-1.
7321 (c) "Convicted" does not include:
7322 (i) a withdrawn or dismissed plea in abeyance;
7323 (ii) a diversion agreement; or
7324 (iii) an adjudication of a minor for an offense under Section 80-6-701.
7325 (5) "Department" means the Department of Public Safety.
7326 (6) "Division" means the [
7327 Justice and Youth Services.
7328 (7) "Employed" or "carries on a vocation" includes employment that is full time or part
7329 time, whether financially compensated, volunteered, or for the purpose of government or
7330 educational benefit.
7331 (8) "Indian Country" means:
7332 (a) all land within the limits of any Indian reservation under the jurisdiction of the
7333 United States government, regardless of the issuance of any patent, and includes rights-of-way
7334 running through the reservation;
7335 (b) all dependent Indian communities within the borders of the United States whether
7336 within the original or subsequently acquired territory, and whether or not within the limits of a
7337 state; and
7338 (c) all Indian allotments, including the Indian allotments to which the Indian titles have
7339 not been extinguished, including rights-of-way running through the allotments.
7340 (9) "Jurisdiction" means any state, Indian Country, United States Territory, or any
7341 property under the jurisdiction of the United States military, Canada, the United Kingdom,
7342 Australia, or New Zealand.
7343 (10) "Kidnap offender" means any individual, other than a natural parent of the victim:
7344 (a) who has been convicted in this state of a violation of:
7345 (i) Subsection 76-5-301(2)(c) or (d), kidnapping;
7346 (ii) Section 76-5-301.1, child kidnapping;
7347 (iii) Section 76-5-302, aggravated kidnapping;
7348 (iv) Section 76-5-308, human trafficking for labor;
7349 (v) Section 76-5-308.3, human smuggling;
7350 (vi) Section 76-5-308, human smuggling, when the individual smuggled is under 18
7351 years old;
7352 (vii) Section 76-5-308.5, human trafficking of a child for labor;
7353 (viii) Section 76-5-310, aggravated human trafficking;
7354 (ix) Section 76-5-310.1, aggravated human smuggling;
7355 (x) Section 76-5-311, human trafficking of a vulnerable adult for labor; or
7356 (xi) attempting, soliciting, or conspiring to commit any felony offense listed in
7357 Subsections (10)(a)(i) through (x);
7358 (b) (i) who has been convicted of any crime, or an attempt, solicitation, or conspiracy
7359 to commit a crime in another jurisdiction, including any state, federal, or military court that is
7360 substantially equivalent to the offenses listed in Subsection (10)(a); and
7361 (ii) who is:
7362 (A) a Utah resident; or
7363 (B) not a Utah resident, but who, in any 12-month period, is in this state for a total of
7364 10 or more days, regardless of whether or not the offender intends to permanently reside in this
7365 state;
7366 (c) (i) (A) who is required to register as a kidnap offender in any other jurisdiction of
7367 original conviction;
7368 (B) who is required to register as a kidnap offender by any state, federal, or military
7369 court; or
7370 (C) who would be required to register as a kidnap offender if residing in the
7371 jurisdiction of the conviction regardless of the date of the conviction or any previous
7372 registration requirements; and
7373 (ii) in any 12-month period, who is in this state for a total of 10 or more days,
7374 regardless of whether or not the offender intends to permanently reside in this state;
7375 (d) (i) (A) who is a nonresident regularly employed or working in this state; or
7376 (B) who is a student in this state; and
7377 (ii) (A) who was convicted of one or more offenses listed in Subsection (10), or any
7378 substantially equivalent offense in another jurisdiction; or
7379 (B) as a result of the conviction, who is required to register in the individual's state of
7380 residence;
7381 (e) who is found not guilty by reason of insanity in this state or in any other jurisdiction
7382 of one or more offenses listed in Subsection (10); or
7383 (f) (i) who is adjudicated under Section 80-6-701 for one or more offenses listed in
7384 Subsection (10)(a); and
7385 (ii) who has been committed to the division for secure care, as defined in Section
7386 80-1-102, for that offense if:
7387 (A) the individual remains in the division's custody until 30 days before the individual's
7388 21st birthday;
7389 (B) the juvenile court extended the juvenile court's jurisdiction over the individual
7390 under Section 80-6-605 and the individual remains in the division's custody until 30 days
7391 before the individual's 25th birthday; or
7392 (C) the individual is moved from the division's custody to the custody of the
7393 department before expiration of the division's jurisdiction over the individual.
7394 (11) "Natural parent" means a minor's biological or adoptive parent, and includes the
7395 minor's noncustodial parent.
7396 (12) "Offender" means a kidnap offender as defined in Subsection (10) or a sex
7397 offender as defined in Subsection (18).
7398 (13) "Online identifier" or "Internet identifier":
7399 (a) means any electronic mail, chat, instant messenger, social networking, or similar
7400 name used for Internet communication; and
7401 (b) does not include date of birth, social security number, PIN number, or Internet
7402 passwords.
7403 (14) "Primary residence" means the location where the offender regularly resides, even
7404 if the offender intends to move to another location or return to another location at any future
7405 date.
7406 (15) "Register" means to comply with the requirements of this chapter and
7407 administrative rules of the department made under this chapter.
7408 (16) "Registration website" means the Sex and Kidnap Offender Notification and
7409 Registration website described in Section 77-41-110 and the information on the website.
7410 (17) "Secondary residence" means any real property that the offender owns or has a
7411 financial interest in, or any location where, in any 12-month period, the offender stays
7412 overnight a total of 10 or more nights when not staying at the offender's primary residence.
7413 (18) "Sex offender" means any individual:
7414 (a) convicted in this state of:
7415 (i) a felony or class A misdemeanor violation of Section 76-4-401, enticing a minor;
7416 (ii) Section 76-5b-202, sexual exploitation of a vulnerable adult;
7417 (iii) Section 76-5-308.1, human trafficking for sexual exploitation;
7418 (iv) Section 76-5-308.5, human trafficking of a child for sexual exploitation;
7419 (v) Section 76-5-310, aggravated human trafficking for sexual exploitation;
7420 (vi) Section 76-5-311, human trafficking of a vulnerable adult for sexual exploitation;
7421 (vii) Section 76-5-401, unlawful sexual activity with a minor, except as provided in
7422 Subsection 76-5-401(3)(b) or (c);
7423 (viii) Section 76-5-401.1, sexual abuse of a minor, except as provided in Subsection
7424 76-5-401.1(3);
7425 (ix) Section 76-5-401.2, unlawful sexual conduct with a 16 or 17 year old;
7426 (x) Section 76-5-402, rape;
7427 (xi) Section 76-5-402.1, rape of a child;
7428 (xii) Section 76-5-402.2, object rape;
7429 (xiii) Section 76-5-402.3, object rape of a child;
7430 (xiv) a felony violation of Section 76-5-403, forcible sodomy;
7431 (xv) Section 76-5-403.1, sodomy on a child;
7432 (xvi) Section 76-5-404, forcible sexual abuse;
7433 (xvii) Section 76-5-404.1, sexual abuse of a child, or Section 76-5-404.3, aggravated
7434 sexual abuse of a child;
7435 (xviii) Section 76-5-405, aggravated sexual assault;
7436 (xix) Section 76-5-412, custodial sexual relations, when the individual in custody is
7437 younger than 18 years old, if the offense is committed on or after May 10, 2011;
7438 (xx) Section 76-5b-201, sexual exploitation of a minor;
7439 (xxi) Section 76-5b-201.1, aggravated sexual exploitation of a minor;
7440 (xxii) Section 76-5b-204, sexual extortion or aggravated sexual extortion;
7441 (xxiii) Section 76-7-102, incest;
7442 (xxiv) Section 76-9-702, lewdness, if the individual has been convicted of the offense
7443 four or more times;
7444 (xxv) Section 76-9-702.1, sexual battery, if the individual has been convicted of the
7445 offense four or more times;
7446 (xxvi) any combination of convictions of Section 76-9-702, lewdness, and of Section
7447 76-9-702.1, sexual battery, that total four or more convictions;
7448 (xxvii) Section 76-9-702.5, lewdness involving a child;
7449 (xxviii) a felony or class A misdemeanor violation of Section 76-9-702.7, voyeurism;
7450 (xxix) Section 76-10-1306, aggravated exploitation of prostitution; or
7451 (xxx) attempting, soliciting, or conspiring to commit any felony offense listed in this
7452 Subsection (18)(a);
7453 (b) (i) who has been convicted of any crime, or an attempt, solicitation, or conspiracy
7454 to commit a crime in another jurisdiction, including any state, federal, or military court that is
7455 substantially equivalent to the offenses listed in Subsection (18)(a); and
7456 (ii) who is:
7457 (A) a Utah resident; or
7458 (B) not a Utah resident, but who, in any 12-month period, is in this state for a total of
7459 10 or more days, regardless of whether the offender intends to permanently reside in this state;
7460 (c) (i) (A) who is required to register as a sex offender in any other jurisdiction of
7461 original conviction;
7462 (B) who is required to register as a sex offender by any state, federal, or military court;
7463 or
7464 (C) who would be required to register as a sex offender if residing in the jurisdiction of
7465 the original conviction regardless of the date of the conviction or any previous registration
7466 requirements; and
7467 (ii) who, in any 12-month period, is in the state for a total of 10 or more days,
7468 regardless of whether or not the offender intends to permanently reside in this state;
7469 (d) (i) (A) who is a nonresident regularly employed or working in this state; or
7470 (B) who is a student in this state; and
7471 (ii) (A) who was convicted of one or more offenses listed in Subsection (18)(a), or any
7472 substantially equivalent offense in any jurisdiction; or
7473 (B) who is, as a result of the conviction, required to register in the individual's
7474 jurisdiction of residence;
7475 (e) who is found not guilty by reason of insanity in this state, or in any other
7476 jurisdiction of one or more offenses listed in Subsection (18)(a); or
7477 (f) (i) who is adjudicated under Section 80-6-701 for one or more offenses listed in
7478 Subsection (18)(a); and
7479 (ii) who has been committed to the division for secure care, as defined in Section
7480 80-1-102, for that offense if:
7481 (A) the individual remains in the division's custody until 30 days before the individual's
7482 21st birthday;
7483 (B) the juvenile court extended the juvenile court's jurisdiction over the individual
7484 under Section 80-6-605 and the individual remains in the division's custody until 30 days
7485 before the individual's 25th birthday; or
7486 (C) the individual is moved from the division's custody to the custody of the
7487 department before expiration of the division's jurisdiction over the individual.
7488 (19) "Traffic offense" does not include a violation of Title 41, Chapter 6a, Part 5,
7489 Driving Under the Influence and Reckless Driving.
7490 (20) "Vehicle" means any motor vehicle, aircraft, or watercraft subject to registration in
7491 any jurisdiction.
7492 Section 99. Section 78A-6-212 is amended to read:
7493 78A-6-212. Information supplied to the Division of Juvenile Justice and Youth
7494 Services.
7495 (1) A juvenile probation officer shall render full and complete cooperation to the
7496 [
7497 supplying the [
7498 Services with all pertinent information relating to a juvenile offender committed to the
7499 [
7500 (2) Information under Subsection (1) includes prior criminal history, social history,
7501 psychological evaluations, and identifying information specified by the [
7502
7503 Section 100. Section 78B-7-804 is amended to read:
7504 78B-7-804. Sentencing and continuous protective orders for a domestic violence
7505 offense -- Modification -- Expiration.
7506 (1) Before a perpetrator who has been convicted of or adjudicated for a domestic
7507 violence offense may be placed on probation, the court shall consider the safety and protection
7508 of the victim and any member of the victim's family or household.
7509 (2) The court may condition probation or a plea in abeyance on the perpetrator's
7510 compliance with a sentencing protective order that includes:
7511 (a) an order enjoining the perpetrator from threatening to commit or committing acts of
7512 domestic violence against the victim or other family or household member;
7513 (b) an order prohibiting the perpetrator from harassing, telephoning, contacting, or
7514 otherwise communicating with the victim, directly or indirectly;
7515 (c) an order requiring the perpetrator to stay away from the victim's residence, school,
7516 place of employment, and the premises of any of these, or a specified place frequented
7517 regularly by the victim or any designated family or household member;
7518 (d) an order prohibiting the perpetrator from purchasing, using, or possessing a firearm
7519 or other specified weapon;
7520 (e) an order directing the perpetrator to surrender any weapons the perpetrator owns or
7521 possesses; and
7522 (f) an order imposing any other condition necessary to protect the victim and any other
7523 designated family or household member or to rehabilitate the perpetrator.
7524 (3) (a) Because of the serious, unique, and highly traumatic nature of domestic violence
7525 crimes, the high recidivism rate of violent offenders, and the demonstrated increased risk of
7526 continued acts of violence subsequent to the release of a perpetrator who is convicted of or
7527 adjudicated for domestic violence, it is the finding of the Legislature that domestic violence
7528 crimes warrant the issuance of continuous protective orders under this Subsection (3) because
7529 of the need to provide ongoing protection for the victim and to be consistent with the purposes
7530 of protecting victims' rights under Title 77, Chapter 38, Crime Victims, and Article I, Section
7531 28 of the Utah Constitution.
7532 (b) Except as provided in Subsection (6), if a perpetrator is convicted of a domestic
7533 violence offense resulting in a sentence of imprisonment, including jail, that is to be served
7534 after conviction, the court shall issue a continuous protective order at the time of the conviction
7535 or sentencing limiting the contact between the perpetrator and the victim unless:
7536 (i) the court determines by clear and convincing evidence that the victim does not a
7537 have a reasonable fear of future harm or abuse; and
7538 (ii) the court conducts a hearing.
7539 (c) (i) The court shall notify the perpetrator of the right to request a hearing.
7540 (ii) A victim has a right to request a hearing.
7541 (iii) If the perpetrator or the victim requests a hearing under this Subsection (3)(c), the
7542 court shall hold the hearing at the time determined by the court.
7543 (iv) The continuous protective order shall be in effect while the hearing is being
7544 scheduled and while the hearing is pending.
7545 (v) A prosecutor shall use reasonable efforts to notify a victim of a hearing described in
7546 Subsection (3)(b)(ii).
7547 (d) A continuous protective order is permanent in accordance with this Subsection (3)
7548 and may include:
7549 (i) an order enjoining the perpetrator from threatening to commit or committing acts of
7550 domestic violence against the victim or other family or household member;
7551 (ii) an order prohibiting the perpetrator from harassing, telephoning, contacting, or
7552 otherwise communicating with the victim, directly or indirectly;
7553 (iii) an order prohibiting the perpetrator from going to the victim's residence, school,
7554 place of employment, and the premises of any of these, or a specified place frequented
7555 regularly by the victim or any designated family or other household member;
7556 (iv) an order directing the perpetrator to pay restitution to the victim as may apply, and
7557 shall be enforced in accordance with Title 77, Chapter 38b, Crime Victims Restitution Act; and
7558 (v) any other order the court considers necessary to fully protect the victim and
7559 members of the victim's family or other household member.
7560 (4) A continuous protective order may be modified or dismissed only if the court
7561 determines by clear and convincing evidence that all requirements of Subsection (3) have been
7562 met and the victim does not have a reasonable fear of future harm or abuse.
7563 (5) Except as provided in Subsection (6), in addition to the process of issuing a
7564 continuous protective order described in Subsection (3), a district court may issue a continuous
7565 protective order at any time if the victim files a petition with the court, and after notice and
7566 hearing the court finds that a continuous protective order is necessary to protect the victim.
7567 (6) (a) Unless the juvenile court transfers jurisdiction of the offense to the district court
7568 under Section 80-6-504, a continuous protective order may not be issued under this section
7569 against a perpetrator who is a minor.
7570 (b) Unless the court sets an earlier date for expiration, a sentencing protective order
7571 issued under this section against a perpetrator who is a minor expires on the earlier of:
7572 (i) the day on which the juvenile court terminates jurisdiction; or
7573 (ii) in accordance with Section 80-6-807, the day on which the [
7574
7575 Section 101. Section 78B-7-805 is amended to read:
7576 78B-7-805. Sentencing protective orders and continuous protective orders for an
7577 offense that is not domestic violence -- Modification -- Expiration.
7578 (1) Before a perpetrator has been convicted of or adjudicated for an offense that is not
7579 domestic violence is placed on probation, the court may consider the safety and protection of
7580 the victim and any member of the victim's family or household.
7581 (2) The court may condition probation or a plea in abeyance on the perpetrator's
7582 compliance with a sentencing protective order that includes:
7583 (a) an order enjoining the perpetrator from threatening to commit or committing acts of
7584 domestic violence against the victim or other family or household member;
7585 (b) an order prohibiting the perpetrator from harassing, telephoning, contacting, or
7586 otherwise communicating with the victim, directly or indirectly;
7587 (c) an order requiring the perpetrator to stay away from the victim's residence, school,
7588 place of employment, and the premises of any of these, or a specified place frequented
7589 regularly by the victim or any designated family or household member;
7590 (d) an order prohibiting the perpetrator from purchasing, using, or possessing a firearm
7591 or other specified weapon;
7592 (e) an order directing the perpetrator to surrender any weapons the perpetrator owns or
7593 possesses; and
7594 (f) an order imposing any other condition necessary to protect the victim and any other
7595 designated family or household member or to rehabilitate the perpetrator.
7596 (3) (a) If a perpetrator is convicted of an offense that is not domestic violence resulting
7597 in a sentence of imprisonment that is to be served after conviction, the court may issue a
7598 continuous protective order at the time of the conviction or sentencing limiting the contact
7599 between the perpetrator and the victim if the court determines by clear and convincing evidence
7600 that the victim has a reasonable fear of future harm or abuse.
7601 (b) (i) The court shall notify the perpetrator of the right to request a hearing.
7602 (ii) If the perpetrator requests a hearing under this Subsection (3), the court shall hold
7603 the hearing at the time determined by the court and the continuous protective order shall be in
7604 effect while the hearing is being scheduled and while the hearing is pending.
7605 (c) Except as provided in Subsection (6), a continuous protective order is permanent in
7606 accordance with this Subsection (3)(c) and may include any order described in Subsection
7607 78B-7-804(3)(c).
7608 (4) A continuous protective order issued under this section may be modified or
7609 dismissed only in accordance with Subsection 78B-7-804(4).
7610 (5) Except as provided in Subsection (6), in addition to the process of issuing a
7611 continuous protective order described in Subsection (3)(a), a district court may issue a
7612 continuous protective order at any time in accordance with Subsection 78B-7-804(5).
7613 (6) (a) Unless the juvenile court transfers jurisdiction of the offense to the district court
7614 under Section 80-6-504, a continuous protective order may not be issued under this section
7615 against a perpetrator who is a minor.
7616 (b) Unless the court sets an earlier date for expiration, a sentencing protective order
7617 issued under this section against a perpetrator who is a minor expires on the earlier of:
7618 (i) the day on which the juvenile court terminates jurisdiction; or
7619 (ii) in accordance with Section 80-6-807, the day on which the [
7620
7621 Section 102. Section 78B-24-307 is amended to read:
7622 78B-24-307. Child-placing agency compliance.
7623 (1) [
7624 created in Section 26B-2-103, may investigate an allegation that a child-placing agency has
7625 failed to comply with this part and commence an action for injunctive or other relief or initiate
7626 administrative proceedings against the child-placing agency to enforce this part.
7627 (2) (a) The Office of Licensing may initiate a proceeding to determine whether a
7628 child-placing agency has failed to comply with this part.
7629 (b) If the Office of Licensing finds that the child-placing agency has failed to comply,
7630 the Office of Licensing may suspend or revoke the child-placing agency's license or take other
7631 action permitted by law of the state.
7632 Section 103. Section 78B-24-308 is amended to read:
7633 78B-24-308. Rulemaking authority.
7634 [
7635 in Section 26B-2-103, may adopt rules under Title 63G, Chapter 3, Utah Administrative
7636 Rulemaking Act, to implement Sections 78B-24-303, 78B-24-304, 78B-24-305, and
7637 78B-24-306.
7638 Section 104. Section 80-2-301 is amended to read:
7639 80-2-301. Division responsibilities.
7640 (1) The division is the child, youth, and family services authority of the state.
7641 (2) The division shall:
7642 (a) administer services to minors and families, including:
7643 (i) child welfare services;
7644 (ii) domestic violence services; and
7645 (iii) all other responsibilities that the Legislature or the executive director of the
7646 department may assign to the division;
7647 (b) provide the following services:
7648 (i) financial and other assistance to an individual adopting a child with special needs
7649 under Sections 80-2-806 through 80-2-809, not to exceed the amount the division would
7650 provide for the child as a legal ward of the state;
7651 (ii) non-custodial and in-home services in accordance with Section 80-2-306,
7652 including:
7653 (A) services designed to prevent family break-up; and
7654 (B) family preservation services;
7655 (iii) reunification services to families whose children are in substitute care in
7656 accordance with this chapter, Chapter 2a, Removal and Protective Custody of a Child, and
7657 Chapter 3, Abuse, Neglect, and Dependency Proceedings;
7658 (iv) protective supervision of a family, upon court order, in an effort to eliminate abuse
7659 or neglect of a child in that family;
7660 (v) shelter care in accordance with this chapter, Chapter 2a, Removal and Protective
7661 Custody of a Child, and Chapter 3, Abuse, Neglect, and Dependency Proceedings;
7662 (vi) domestic violence services, in accordance with the requirements of federal law;
7663 (vii) protective services to victims of domestic violence and the victims' children, in
7664 accordance with this chapter, Chapter 2a, Removal and Protective Custody of a Child, and
7665 Chapter 3, Abuse, Neglect, and Dependency Proceedings;
7666 (viii) substitute care for dependent, abused, and neglected children;
7667 (ix) services for minors who are victims of human trafficking or human smuggling, as
7668 described in Sections 76-5-308 through 76-5-310.1, or who have engaged in prostitution or
7669 sexual solicitation, as defined in Sections 76-10-1302 and 76-10-1313; and
7670 (x) training for staff and providers involved in the administration and delivery of
7671 services offered by the division in accordance with this chapter and Chapter 2a, Removal and
7672 Protective Custody of a Child;
7673 (c) establish standards for all:
7674 (i) contract providers of out-of-home care for minors and families;
7675 (ii) facilities that provide substitute care for dependent, abused, or neglected children
7676 placed in the custody of the division; and
7677 (iii) direct or contract providers of domestic violence services described in Subsection
7678 (2)(b)(vi);
7679 (d) have authority to:
7680 (i) contract with a private, nonprofit organization to recruit and train foster care
7681 families and child welfare volunteers in accordance with Section 80-2-405; and
7682 (ii) approve facilities that meet the standards established under Subsection (2)(c) to
7683 provide substitute care for dependent, abused, or neglected children placed in the custody of the
7684 division;
7685 (e) cooperate with the federal government in the administration of child welfare and
7686 domestic violence programs and other human service activities assigned by the department;
7687 (f) in accordance with Subsection (5)(a), promote and enforce state and federal laws
7688 enacted for the protection of abused, neglected, or dependent children, in accordance with this
7689 chapter and Chapter 2a, Removal and Protective Custody of a Child, unless administration is
7690 expressly vested in another division or department of the state;
7691 (g) cooperate with the Workforce Development Division within the Department of
7692 Workforce Services in meeting the social and economic needs of an individual who is eligible
7693 for public assistance;
7694 (h) compile relevant information, statistics, and reports on child and family service
7695 matters in the state;
7696 (i) prepare and submit to the department, the governor, and the Legislature reports of
7697 the operation and administration of the division in accordance with the requirements of
7698 Sections 80-2-1102 and 80-2-1103;
7699 (j) within appropriations from the Legislature, provide or contract for a variety of
7700 domestic violence services and treatment methods;
7701 (k) enter into contracts for programs designed to reduce the occurrence or recurrence of
7702 abuse and neglect in accordance with Section 80-2-503;
7703 (l) seek reimbursement of funds the division expends on behalf of a child in the
7704 protective custody, temporary custody, or custody of the division, from the child's parent or
7705 guardian in accordance with an order for child support under Section 78A-6-356;
7706 (m) ensure regular, periodic publication, including electronic publication, regarding the
7707 number of children in the custody of the division who:
7708 (i) have a permanency goal of adoption; or
7709 (ii) have a final plan of termination of parental rights, under Section 80-3-409, and
7710 promote adoption of the children;
7711 (n) subject to Subsections (5) and (7), refer an individual receiving services from the
7712 division to the local substance abuse authority or other private or public resource for a
7713 court-ordered drug screening test;
7714 (o) report before November 30, 2020, and every third year thereafter, to the Social
7715 Services Appropriations Subcommittee regarding:
7716 (i) the daily reimbursement rate that is provided to licensed foster parents based on
7717 level of care;
7718 (ii) the amount of money spent on daily reimbursements for licensed foster parents
7719 during the previous fiscal year; and
7720 (iii) any recommended changes to the division's budget to support the daily
7721 reimbursement rates described in Subsection (2)(o)(i); and
7722 (p) perform other duties and functions required by law.
7723 (3) (a) The division may provide, directly or through contract, services that include the
7724 following:
7725 (i) adoptions;
7726 (ii) day-care services;
7727 (iii) out-of-home placements for minors;
7728 (iv) health-related services;
7729 (v) homemaking services;
7730 (vi) home management services;
7731 (vii) protective services for minors;
7732 (viii) transportation services; or
7733 (ix) domestic violence services.
7734 (b) The division shall monitor services provided directly by the division or through
7735 contract to ensure compliance with applicable law and rules made in accordance with Title
7736 63G, Chapter 3, Utah Administrative Rulemaking Act.
7737 (c) (i) Except as provided in Subsection (3)(c)(ii), if the division provides a service
7738 through a private contract, the division shall post the name of the service provider on the
7739 division's website.
7740 (ii) Subsection (3)(c)(i) does not apply to a foster parent placement.
7741 (4) (a) The division may:
7742 (i) receive gifts, grants, devises, and donations;
7743 (ii) encourage merchants and service providers to:
7744 (A) donate goods or services; or
7745 (B) provide goods or services at a nominal price or below cost;
7746 (iii) distribute goods to applicants or consumers of division services free or for a
7747 nominal charge and tax free; and
7748 (iv) appeal to the public for funds to meet needs of applicants or consumers of division
7749 services that are not otherwise provided by law, including Sub-for-Santa programs, recreational
7750 programs for minors, and requests for household appliances and home repairs.
7751 (b) If requested by the donor and subject to state and federal law, the division shall use
7752 a gift, grant, devise, donation, or proceeds from the gift, grant, devise, or donation for the
7753 purpose requested by the donor.
7754 (5) (a) In carrying out the requirements of Subsection (2)(f), the division shall:
7755 (i) cooperate with the juvenile courts, the [
7756 Division of Juvenile Justice and Youth Services, and with all public and private licensed child
7757 welfare agencies and institutions to develop and administer a broad range of services and
7758 support;
7759 (ii) take the initiative in all matters involving the protection of abused or neglected
7760 children, if adequate provisions have not been made or are not likely to be made; and
7761 (iii) make expenditures necessary for the care and protection of the children described
7762 in Subsection (5)(a)(ii), within the division's budget.
7763 (b) If an individual is referred to a local substance abuse authority or other private or
7764 public resource for court-ordered drug screening under Subsection (2)(n), the court shall order
7765 the individual to pay all costs of the tests unless:
7766 (i) the cost of the drug screening is specifically funded or provided for by other federal
7767 or state programs;
7768 (ii) the individual is a participant in a drug court; or
7769 (iii) the court finds that the individual is an indigent individual.
7770 (6) Except to the extent provided by rules made in accordance with Title 63G, Chapter
7771 3, Utah Administrative Rulemaking Act, the division is not required to investigate domestic
7772 violence in the presence of a child, as described in Section 76-5-114.
7773 (7) (a) Except as provided in Subsection (7)(b), the division may not:
7774 (i) require a parent who has a child in the custody of the division to pay for some or all
7775 of the cost of any drug testing the parent is required to undergo; or
7776 (ii) refer an individual who is receiving services from the division for drug testing by
7777 means of a hair, fingernail, or saliva test that is administered to detect the presence of drugs.
7778 (b) Notwithstanding Subsection (7)(a)(ii), the division may refer an individual who is
7779 receiving services from the division for drug testing by means of a saliva test if:
7780 (i) the individual consents to drug testing by means of a saliva test; or
7781 (ii) the court, based on a finding that a saliva test is necessary in the circumstances,
7782 orders the individual to complete drug testing by means of a saliva test.
7783 Section 105. Section 80-2-703 is amended to read:
7784 80-2-703. Conflict child protective services investigations -- Authority of
7785 investigators.
7786 (1) (a) The department, through the [
7787
7788 child protective service investigation to investigate reports of abuse or neglect if:
7789 (i) the report occurs while the child is in the custody of the division; or
7790 (ii) the executive director of the department determines that, if the division conducts
7791 the investigation, the division would have an actual or potential conflict of interest in the
7792 results of the investigation.
7793 (b) If a report is made while a child is in the custody of the division that indicates the
7794 child is abused or neglected:
7795 (i) the attorney general may, in accordance with Section 67-5-16, and with the consent
7796 of the department, employ a child protective services investigator to conduct a conflict
7797 investigation of the report; or
7798 (ii) a law enforcement officer, as defined in Section 53-13-103, may, with the consent
7799 of the department, conduct a conflict investigation of the report.
7800 (c) Subsection (1)(b)(ii) does not prevent a law enforcement officer from, without the
7801 consent of the department, conducting a criminal investigation of abuse or neglect under Title
7802 53, Public Safety Code.
7803 (2) An investigator described in Subsection (1) may also investigate allegations of
7804 abuse or neglect of a child by a department employee or a licensed substitute care provider.
7805 (3) An investigator described in Subsection (1), if not a law enforcement officer, shall
7806 have the same rights, duties, and authority of a child welfare caseworker to:
7807 (a) make a thorough investigation under Section 80-2-701 upon receiving a report of
7808 alleged abuse or neglect of a child, with the primary purpose of the investigation being the
7809 protection of the child;
7810 (b) make an inquiry into the child's home environment, emotional, or mental health, the
7811 nature and extent of the child's injuries, and the child's physical safety;
7812 (c) make a written report of the investigator's investigation, including determination
7813 regarding whether the alleged abuse or neglect is supported, unsupported, or without merit, and
7814 forward a copy of the report to the division within the time mandates for investigations
7815 established by the division; and
7816 (d) immediately consult with school authorities to verify the child's status in
7817 accordance with Sections 53G-6-201 through 53G-6-206 if a report is based on or includes an
7818 allegation of educational neglect.
7819 Section 106. Section 80-2-1001 is amended to read:
7820 80-2-1001. Management Information System -- Contents -- Classification of
7821 records -- Access.
7822 (1) The division shall develop and implement a Management Information System that
7823 meets the requirements of this section and the requirements of federal law and regulation.
7824 (2) The Management Information System shall:
7825 (a) contain all key elements of each family's current child and family plan, including:
7826 (i) the dates and number of times the plan has been administratively or judicially
7827 reviewed;
7828 (ii) the number of times the parent failed the child and family plan; and
7829 (iii) the exact length of time the child and family plan has been in effect; and
7830 (b) alert child welfare caseworkers regarding deadlines for completion of and
7831 compliance with policy, including child and family plans.
7832 (3) For a child welfare case, the Management Information System shall provide each
7833 child welfare caseworker and the [
7834 Checks created in Section 26B-2-103, exclusively for the purposes of foster parent licensure
7835 and monitoring, with a complete history of each child in the child welfare caseworker's
7836 caseload, including:
7837 (a) a record of all past action taken by the division with regard to the child and the
7838 child's siblings;
7839 (b) the complete case history and all reports and information in the control or keeping
7840 of the division regarding the child and the child's siblings;
7841 (c) the number of times the child has been in the protective custody, temporary
7842 custody, and custody of the division;
7843 (d) the cumulative period of time the child has been in the custody of the division;
7844 (e) a record of all reports of abuse or neglect received by the division with regard to the
7845 child's parent or guardian including:
7846 (i) for each report, documentation of the:
7847 (A) latest status; or
7848 (B) final outcome or determination; and
7849 (ii) information that indicates whether each report was found to be:
7850 (A) supported;
7851 (B) unsupported;
7852 (C) substantiated;
7853 (D) unsubstantiated; or
7854 (E) without merit;
7855 (f) the number of times the child's parent failed any child and family plan; and
7856 (g) the number of different child welfare caseworkers who have been assigned to the
7857 child in the past.
7858 (4) For child protective services cases, the Management Information System shall:
7859 (a) monitor the compliance of each case with:
7860 (i) division rule;
7861 (ii) state law; and
7862 (iii) federal law and regulation; and
7863 (b) include the age and date of birth of the alleged perpetrator at the time the abuse or
7864 neglect is alleged to have occurred, in order to ensure accuracy regarding the identification of
7865 the alleged perpetrator.
7866 (5) Information or a record contained in the Management Information System is:
7867 (a) a private, controlled, or protected record under Title 63G, Chapter 2, Government
7868 Records Access and Management Act; and
7869 (b) available only:
7870 (i) to a person or government entity with statutory authorization under Title 63G,
7871 Chapter 2, Government Records Access and Management Act, to review the information or
7872 record;
7873 (ii) to a person who has specific statutory authorization to access the information or
7874 record for the purpose of assisting the state with state or federal requirements to maintain
7875 information solely for the purpose of protecting minors and providing services to families in
7876 need;
7877 (iii) to the extent required by Title IV(b) or IV(e) of the Social Security Act:
7878 (A) to comply with abuse and neglect registry checks requested by other states; or
7879 (B) to the United States Department of Health and Human Services for purposes of
7880 maintaining an electronic national registry of supported or substantiated cases of abuse and
7881 neglect;
7882 (iv) to the department, upon the approval of the executive director of the department,
7883 on a need-to-know basis;
7884 (v) as provided in Subsection (6) or Section 80-2-1002; or
7885 (vi) to a citizen review panel for the purpose of fulfilling the panel's duties as described
7886 in Section 80-2-1101.
7887 (6) (a) The division may allow a division contract provider, court clerk designated by
7888 the Administrative Office of the Courts, the Office of Guardian Ad Litem, or Indian tribe to
7889 have limited access to the Management Information System.
7890 (b) A division contract provider or Indian tribe has access only to information about a
7891 person who is currently receiving services from the specific contract provider or Indian tribe.
7892 (c) A court clerk may only have access to information necessary to comply with
7893 Subsection 78B-7-202(2).
7894 (d) (i) The Office of Guardian Ad Litem may only access:
7895 (A) the information that is entered into the Management Information System on or after
7896 July 1, 2004, and relates to a child or family where the Office of Guardian Ad Litem is
7897 appointed by a court to represent the interests of the child; or
7898 (B) any abuse or neglect referral about a child or family where the office has been
7899 appointed by a court to represent the interests of the child, regardless of the date that the
7900 information is entered into the Management Information System.
7901 (ii) The division may use the information in the Management Information System to
7902 screen an individual as described in Subsection 80-2-1002(4)(b)(ii)(A) at the request of the
7903 Office of Guardian Ad Litem.
7904 (e) A contract provider or designated representative of the Office of Guardian Ad
7905 Litem or an Indian tribe who requests access to information contained in the Management
7906 Information System shall:
7907 (i) take all necessary precautions to safeguard the security of the information contained
7908 in the Management Information System;
7909 (ii) train its employees regarding:
7910 (A) requirements for protecting the information contained in the Management
7911 Information System under this chapter and under Title 63G, Chapter 2, Government Records
7912 Access and Management Act; and
7913 (B) the criminal penalties under Sections 63G-2-801 and 80-2-1005 for improper
7914 release of information; and
7915 (iii) monitor its employees to ensure that the employees protect the information
7916 contained in the Management Information System as required by law.
7917 (7) The division shall take:
7918 (a) all necessary precautions, including password protection and other appropriate and
7919 available technological techniques, to prevent unauthorized access to or release of information
7920 contained in the Management Information System; and
7921 (b) reasonable precautions to ensure that the division's contract providers comply with
7922 Subsection (6).
7923 Section 107. Section 80-2-1002 is amended to read:
7924 80-2-1002. Licensing Information System -- Contents -- Classification of records
7925 -- Access -- Unlawful release -- Penalty.
7926 (1) (a) The division shall maintain a sub-part of the Management Information System
7927 as the Licensing Information System to be used:
7928 (i) for licensing purposes; or
7929 (ii) as otherwise provided by law.
7930 (b) Notwithstanding Subsection (1)(a), the department's access to information in the
7931 Management Information System for the licensure and monitoring of a foster parent is
7932 governed by Sections 80-2-1001 and 26B-2-121.
7933 (2) The Licensing Information System shall include only the following information:
7934 (a) the name and other identifying information of the alleged perpetrator in a supported
7935 finding, without identifying the alleged perpetrator as a perpetrator or alleged perpetrator;
7936 (b) a notation to the effect that an investigation regarding the alleged perpetrator
7937 described in Subsection (2)(a) is pending;
7938 (c) the information described in Subsection (3);
7939 (d) consented-to supported findings by an alleged perpetrator under Subsection
7940 80-2-708(3)(a)(iii);
7941 (e) a finding from the juvenile court under Section 80-3-404; and
7942 (f) the information in the licensing part of the division's Management Information
7943 System as of May 6, 2002.
7944 (3) Subject to Section 80-2-1003, upon receipt of a finding from the juvenile court
7945 under Section 80-3-404, the division shall:
7946 (a) promptly amend the Licensing Information System to include the finding; and
7947 (b) enter the finding in the Management Information System.
7948 (4) Information or a record contained in the Licensing Information System is:
7949 (a) a protected record under Title 63G, Chapter 2, Government Records Access and
7950 Management Act; and
7951 (b) notwithstanding Title 63G, Chapter 2, Government Records Access and
7952 Management Act, accessible only:
7953 (i) to the [
7954 in Section 26B-2-103:
7955 (A) for licensing purposes; or
7956 (B) as otherwise specifically provided for by law;
7957 (ii) to the division to:
7958 (A) screen an individual at the request of the Office of Guardian Ad Litem at the time
7959 the individual seeks a paid or voluntary position with the Office of Guardian Ad Litem and
7960 annually throughout the time that the individual remains with the Office of Guardian Ad Litem;
7961 and
7962 (B) respond to a request for information from an individual whose name is listed in the
7963 Licensing Information System;
7964 (iii) to a person designated by the Department of Health and Human Services, only for
7965 the following purposes:
7966 (A) licensing a child care program or provider;
7967 (B) determining whether an individual associated with a child care facility, program, or
7968 provider, who is exempt from being licensed or certified by the Department of Health and
7969 Human Services under Title 26B, Chapter 2, Part 4, Child Care Licensing, has a supported
7970 finding of a severe type of child abuse or neglect; or
7971 (C) determining whether an individual who is seeking an emergency medical services
7972 license has a supported finding of a severe type of child abuse or neglect;
7973 (iv) to a person designated by the Department of Workforce Services and approved by
7974 the Department of Health and Human Services for the purpose of qualifying a child care
7975 provider under Section 35A-3-310.5;
7976 (v) as provided in Section 26B-2-121; or
7977 (vi) to the department or another person, as provided in this chapter.
7978 (5) A person designated by the Department of Health and Human Services or the
7979 Department of Workforce Services under Subsection (4) shall adopt measures to:
7980 (a) protect the security of the Licensing Information System; and
7981 (b) strictly limit access to the Licensing Information System to persons allowed access
7982 by statute.
7983 (6) The department shall approve a person allowed access by statute to information or a
7984 record contained in the Licensing Information System and provide training to the person with
7985 respect to:
7986 (a) accessing the Licensing Information System;
7987 (b) maintaining strict security; and
7988 (c) the criminal provisions of Sections 63G-2-801 and 80-2-1005 pertaining to the
7989 improper release of information.
7990 (7) (a) Except as authorized by this chapter, a person may not request another person to
7991 obtain or release any other information in the Licensing Information System to screen for
7992 potential perpetrators of abuse or neglect.
7993 (b) A person who requests information knowing that the request is a violation of this
7994 Subsection (7) is subject to the criminal penalties described in Sections 63G-2-801 and
7995 80-2-1005.
7996 Section 108. Section 80-3-409 is amended to read:
7997 80-3-409. Permanency hearing -- Final plan -- Petition for termination of
7998 parental rights filed -- Hearing on termination of parental rights.
7999 (1) (a) If reunification services are ordered under Section 80-3-406, with regard to a
8000 minor who is in the custody of the division, the juvenile court shall hold a permanency hearing
8001 no later than 12 months after the day on which the minor is initially removed from the minor's
8002 home.
8003 (b) If reunification services are not ordered at the dispositional hearing, the juvenile
8004 court shall hold a permanency hearing within 30 days after the day on which the dispositional
8005 hearing ends.
8006 (2) (a) If reunification services are ordered in accordance with Section 80-3-406, the
8007 juvenile court shall, at the permanency hearing, determine, consistent with Subsection (3),
8008 whether the minor may safely be returned to the custody of the minor's parent.
8009 (b) If the juvenile court finds, by a preponderance of the evidence, that return of the
8010 minor to the minor's parent would create a substantial risk of detriment to the minor's physical
8011 or emotional well-being, the minor may not be returned to the custody of the minor's parent.
8012 (c) Prima facie evidence that return of the minor to a parent or guardian would create a
8013 substantial risk of detriment to the minor is established if:
8014 (i) the parent or guardian fails to:
8015 (A) participate in a court approved child and family plan;
8016 (B) comply with a court approved child and family plan in whole or in part; or
8017 (C) meet the goals of a court approved child and family plan; or
8018 (ii) the minor's natural parent:
8019 (A) intentionally, knowingly, or recklessly causes the death of another parent of the
8020 minor;
8021 (B) is identified by a law enforcement agency as the primary suspect in an investigation
8022 for intentionally, knowingly, or recklessly causing the death of another parent of the minor; or
8023 (C) is being prosecuted for or has been convicted of intentionally, knowingly, or
8024 recklessly causing the death of another parent of the minor.
8025 (3) In making a determination under Subsection (2)(a), the juvenile court shall:
8026 (a) review and consider:
8027 (i) the report prepared by the division;
8028 (ii) in accordance with the Utah Rules of Evidence, any admissible evidence offered by
8029 the minor's attorney guardian ad litem;
8030 (iii) any report submitted by the division under Subsection 80-3-408(3)(a)(i);
8031 (iv) any evidence regarding the efforts or progress demonstrated by the parent; and
8032 (v) the extent to which the parent cooperated and used the services provided; and
8033 (b) attempt to keep the minor's sibling group together if keeping the sibling group
8034 together is:
8035 (i) practicable; and
8036 (ii) in accordance with the best interest of the minor.
8037 (4) With regard to a case where reunification services are ordered by the juvenile court,
8038 if a minor is not returned to the minor's parent or guardian at the permanency hearing, the
8039 juvenile court shall, unless the time for the provision of reunification services is extended
8040 under Subsection (7):
8041 (a) order termination of reunification services to the parent;
8042 (b) make a final determination regarding whether termination of parental rights,
8043 adoption, or permanent custody and guardianship is the most appropriate final plan for the
8044 minor, taking into account the minor's primary permanency plan established by the juvenile
8045 court under Section 80-3-406; and
8046 (c) in accordance with Subsection 80-3-406(2), establish a concurrent permanency plan
8047 that identifies the second most appropriate final plan for the minor, if appropriate.
8048 (5) The juvenile court may order another planned permanent living arrangement other
8049 than reunification for a minor who is 16 years old or older upon entering the following
8050 findings:
8051 (a) the division has documented intensive, ongoing, and unsuccessful efforts to reunify
8052 the minor with the minor's parent or parents, or to secure a placement for the minor with a
8053 guardian, an adoptive parent, or an individual described in Subsection 80-3-301(6)(e);
8054 (b) the division has demonstrated that the division has made efforts to normalize the
8055 life of the minor while in the division's custody, in accordance with Section 80-2-308;
8056 (c) the minor prefers another planned permanent living arrangement; and
8057 (d) there is a compelling reason why reunification or a placement described in
8058 Subsection (5)(a) is not in the minor's best interest.
8059 (6) Except as provided in Subsection (7), the juvenile court may not extend
8060 reunification services beyond 12 months after the day on which the minor is initially removed
8061 from the minor's home, in accordance with the provisions of Section 80-3-406.
8062 (7) (a) Subject to Subsection (7)(b), the juvenile court may extend reunification
8063 services for no more than 90 days if the juvenile court finds, [
8064 the evidence, that:
8065 (i) there has been substantial compliance with the child and family plan;
8066 (ii) reunification is probable within that 90-day period; and
8067 (iii) the extension is in the best interest of the minor.
8068 (b) (i) Except as provided in Subsection (7)(c), the juvenile court may not extend any
8069 reunification services beyond 15 months after the day on which the minor is initially removed
8070 from the minor's home.
8071 (ii) Delay or failure of a parent to establish paternity or seek custody does not provide a
8072 basis for the juvenile court to extend services for the parent beyond the 12-month period
8073 described in Subsection (6).
8074 (c) In accordance with Subsection (7)(d), the juvenile court may extend reunification
8075 services for one additional 90-day period, beyond the 90-day period described in Subsection
8076 (7)(a), if:
8077 (i) the juvenile court finds, by clear and convincing evidence, that:
8078 (A) the parent has substantially complied with the child and family plan;
8079 (B) it is likely that reunification will occur within the additional 90-day period; and
8080 (C) the extension is in the best interest of the minor;
8081 (ii) the juvenile court specifies the facts upon which the findings described in
8082 Subsection (7)(c)(i) are based; and
8083 (iii) the juvenile court specifies the time period in which it is likely that reunification
8084 will occur.
8085 (d) A juvenile court may not extend the time period for reunification services without
8086 complying with the requirements of this Subsection (7) before the extension.
8087 (e) In determining whether to extend reunification services for a minor, a juvenile court
8088 shall take into consideration the status of the minor siblings of the minor.
8089 (8) (a) At the permanency hearing, if a child remains in an out-of-home placement, the
8090 juvenile court shall:
8091 (i) make specific findings regarding the conditions of parent-time that are in the child's
8092 best interest; and
8093 (ii) if parent-time is denied, state the facts that justify the denial.
8094 (b) Parent-time shall be under the least restrictive conditions necessary to:
8095 (i) protect the physical safety of the child; or
8096 (ii) prevent the child from being traumatized by contact with the parent due to the
8097 child's fear of the parent in light of the nature of the alleged abuse or neglect.
8098 (c) (i) The division or the person designated by the division or a court to supervise a
8099 parent-time session may deny parent-time for the session if the division or the supervising
8100 person determines that, based on the parent's condition, it is necessary to deny parent-time to:
8101 (A) protect the physical safety of the child;
8102 (B) protect the life of the child; or
8103 (C) consistent with Subsection (8)(c)(ii), prevent the child from being traumatized by
8104 contact with the parent.
8105 (ii) In determining whether the condition of the parent described in Subsection (8)(c)(i)
8106 will traumatize a child, the division or the person supervising the parent-time session shall
8107 consider the impact that the parent's condition will have on the child in light of:
8108 (A) the child's fear of the parent; and
8109 (B) the nature of the alleged abuse or neglect.
8110 (9) The juvenile court may, in the juvenile court's discretion:
8111 (a) enter any additional order that the juvenile court determines to be in the best
8112 interest of the minor, so long as that order does not conflict with the requirements and
8113 provisions of Subsections (4) through (8); or
8114 (b) order the division to provide protective supervision or other services to a minor and
8115 the minor's family after the division's custody of a minor is terminated.
8116 (10) (a) If the final plan for the minor is to proceed toward termination of parental
8117 rights, the petition for termination of parental rights shall be filed, and a pretrial held, within 45
8118 calendar days after the day on which the permanency hearing is held.
8119 (b) If the division opposes the plan to terminate parental rights, the juvenile court may
8120 not require the division to file a petition for the termination of parental rights, except as
8121 required under Subsection 80-4-203(2).
8122 (11) (a) Any party to an action may, at any time, petition the juvenile court for an
8123 expedited permanency hearing on the basis that continuation of reunification efforts are
8124 inconsistent with the permanency needs of the minor.
8125 (b) If the juvenile court so determines, the juvenile court shall order, in accordance
8126 with federal law, that:
8127 (i) the minor be placed in accordance with the permanency plan; and
8128 (ii) whatever steps are necessary to finalize the permanent placement of the minor be
8129 completed as quickly as possible.
8130 (12) Nothing in this section may be construed to:
8131 (a) entitle any parent to reunification services for any specified period of time;
8132 (b) limit a juvenile court's ability to terminate reunification services at any time before
8133 a permanency hearing; or
8134 (c) limit or prohibit the filing of a petition for termination of parental rights by any
8135 party, or a hearing on termination of parental rights, at any time before a permanency hearing
8136 provided that relative placement and custody options have been fairly considered in accordance
8137 with Sections 80-2a-201 and 80-4-104.
8138 (13) (a) Subject to Subsection (13)(b), if a petition for termination of parental rights is
8139 filed before the date scheduled for a permanency hearing, the juvenile court may consolidate
8140 the hearing on termination of parental rights with the permanency hearing.
8141 (b) For purposes of Subsection (13)(a), if the juvenile court consolidates the hearing on
8142 termination of parental rights with the permanency hearing:
8143 (i) the juvenile court shall first make a finding regarding whether reasonable efforts
8144 have been made by the division to finalize the permanency plan for the minor; and
8145 (ii) any reunification services shall be terminated in accordance with the time lines
8146 described in Section 80-3-406.
8147 (c) The juvenile court shall make a decision on a petition for termination of parental
8148 rights within 18 months after the day on which the minor is initially removed from the minor's
8149 home.
8150 (14) (a) If a juvenile court determines that a minor will not be returned to a parent of
8151 the minor, the juvenile court shall consider appropriate placement options inside and outside of
8152 the state.
8153 (b) In considering appropriate placement options under Subsection (14)(a), the juvenile
8154 court shall provide preferential consideration to a relative's request for placement of the minor.
8155 (15) (a) In accordance with Section 80-3-108, if a minor 14 years old or older desires
8156 an opportunity to address the juvenile court or testify regarding permanency or placement, the
8157 juvenile court shall give the minor's wishes added weight, but may not treat the minor's wishes
8158 as the single controlling factor under this section.
8159 (b) If the juvenile court's decision under this section differs from a minor's express
8160 wishes if the minor is of sufficient maturity to articulate the wishes in relation to permanency
8161 or the minor's placement, the juvenile court shall make findings explaining why the juvenile
8162 court's decision differs from the minor's wishes.
8163 (16) (a) If, for a relative placement, an interstate placement requested under the
8164 Interstate Compact on the Placement of Children has been initiated by the division or is ordered
8165 by or pending before the juvenile court, the court may not finalize a non-relative placement
8166 unless the court gives due weight to:
8167 (i) the preferential consideration granted to a relative in Section 80-3-302;
8168 (ii) the rebuttable presumption in Section 80-3-302; and
8169 (iii) the division's placement authority under Subsections 80-1-102(50) and
8170 80-3-303(1).
8171 (b) Nothing in this section affects the ability of a foster parent to petition the juvenile
8172 court under Subsection 80-3-502(3).
8173 Section 109. Section 80-5-102 is amended to read:
8174 80-5-102. Definitions.
8175 As used in this chapter:
8176 (1) "Account" means the Juvenile Justice Reinvestment Restricted Account created in
8177 Section 80-5-302.
8178 (2) (a) "Adult" means an individual who is 18 years old or older.
8179 (b) "Adult" does not include a juvenile offender.
8180 (3) "Aftercare services" means the same as the term "aftercare" is defined in 45 C.F.R.
8181 1351.1.
8182 (4) "Authority" means the Youth Parole Authority created in Section 80-5-701.
8183 (5) "Control" means the authority to detain, restrict, and supervise a juvenile offender
8184 in a manner consistent with public safety and the well-being of the juvenile offender and
8185 division employees.
8186 (6) "Director" means the director of the [
8187 Division of Juvenile Justice and Youth Services.
8188 (7) "Discharge" means the same as that term is defined in Section 80-6-102.
8189 (8) "Division" means the [
8190 Justice and Youth Services created in Section 80-5-103.
8191 (9) "Homeless youth" means a child, other than an emancipated minor:
8192 (a) who is a runaway; or
8193 (b) who is:
8194 (i) not accompanied by the child's parent or guardian; and
8195 (ii) without care, as defined in Section 80-5-602.
8196 (10) "Observation and assessment program" means a nonresidential service program
8197 operated or purchased by the division that is responsible only for diagnostic assessment of
8198 minors, including for substance use disorder, mental health, psychological, and sexual behavior
8199 risk assessments.
8200 (11) "Performance based contracting" means a system of contracting with service
8201 providers for the provision of residential or nonresidential services that:
8202 (a) provides incentives for the implementation of evidence-based juvenile justice
8203 programs or programs rated as effective for reducing recidivism by a standardized tool in
8204 accordance with Section 63M-7-208; and
8205 (b) provides a premium rate allocation for a minor who receives the evidence-based
8206 dosage of treatment and successfully completes the program within three months.
8207 (12) "Rescission" means the same as that term is defined in Section 80-6-102.
8208 (13) "Restitution" means the same as that term is defined in Section 80-6-102.
8209 (14) "Revocation" means the same as that term is defined in Section 80-6-102.
8210 (15) "Temporary custody" means the same as that term is defined in Section 80-6-102.
8211 (16) "Temporary homeless youth shelter" means a facility that:
8212 (a) provides temporary shelter to homeless youth; and
8213 (b) is licensed by the Department of Health and Human Services, created in Section
8214 26B-1-201, as a residential support program.
8215 (17) "Termination" means the same as that term is defined in Section 80-6-102.
8216 (18) "Victim" means the same as that term is defined in Section 80-6-102.
8217 (19) "Work program" means a nonresidential public or private service work project
8218 established and administered by the division for juvenile offenders for the purpose of
8219 rehabilitation, education, and restitution to victims.
8220 (20) (a) "Youth services" means services provided in an effort to resolve family
8221 conflict:
8222 (i) for families in crisis when a minor is ungovernable or a runaway; or
8223 (ii) involving a minor and the minor's parent or guardian.
8224 (b) "Youth services" include efforts to:
8225 (i) resolve family conflict;
8226 (ii) maintain or reunite minors with the minors' families; and
8227 (iii) divert minors from entering or escalating in the juvenile justice system.
8228 (c) "Youth services" may provide:
8229 (i) crisis intervention;
8230 (ii) short-term shelter;
8231 (iii) time-out placement; and
8232 (iv) family counseling.
8233 (21) "Youth services center" means a center established by, or under contract with, the
8234 division to provide youth services.
8235 Section 110. Section 80-5-103 is amended to read:
8236 80-5-103. Creation of division -- Jurisdiction.
8237 (1) There is created the [
8238 Justice and Youth Services within the department.
8239 (2) The division shall be under the administration and supervision of the executive
8240 director of the department.
8241 (3) The division has jurisdiction over all minors committed to the division under
8242 Sections 80-6-703 and 80-6-705.
8243 Section 111. Section 80-5-401 is amended to read:
8244 80-5-401. Youth services for prevention and early intervention -- Program
8245 standards -- Program services.
8246 (1) The division shall establish and operate prevention and early intervention youth
8247 services programs which shall include evidence-informed and research-informed interventions
8248 to:
8249 (a) help youth and families avoid entry into the juvenile justice system; and
8250 (b) improve attendance and academic achievement.
8251 (2) The division shall adopt statewide policies and procedures, including minimum
8252 standards for the organization and operation of youth services programs.
8253 (3) The division shall establish housing, programs, and procedures to ensure that
8254 minors who are receiving services under this section and who are not committed to the division
8255 are served separately from minors who are committed to the division.
8256 (4) The division may enter into contracts with state and local governmental entities and
8257 private providers to provide the youth services.
8258 (5) The division shall establish and administer juvenile receiving centers and other
8259 programs to provide temporary custody, care, risk-needs assessments, evaluations, and control
8260 for nonadjudicated and adjudicated minors placed with the division.
8261 (6) The division shall prioritize use of evidence-based juvenile justice programs and
8262 practices.
8263 (7) Youth receiving services under this section or from the division may not be placed
8264 into the legal custody of the division unless the youth qualifies for such disposition under
8265 Section 80-6-703.
8266 Section 112. Section 80-6-102 is amended to read:
8267 80-6-102. Definitions.
8268 As used in this chapter:
8269 (1) "Aftercare services" means the same as the term "aftercare" is defined in 45 C.F.R.
8270 1351.1.
8271 (2) "Authority" means the Youth Parole Authority created in Section 80-5-701.
8272 (3) "Commission" means the State Commission on Criminal and Juvenile Justice
8273 created in Section 63M-7-201.
8274 (4) "Compensatory service" means service or unpaid work performed by a minor in
8275 lieu of the payment of a fine, fee, or restitution.
8276 (5) "Control" means the same as that term is defined in Section 80-5-102.
8277 (6) "Detention hearing" means a proceeding under Section 80-6-207 to determine
8278 whether a minor should remain in detention.
8279 (7) "Detention guidelines" means standards, established by the division in accordance
8280 with Subsection 80-5-202(1)(a), for the admission of a minor to detention.
8281 (8) "Discharge" means a written order of the authority that removes a juvenile offender
8282 from the authority's jurisdiction.
8283 (9) "Division" means the [
8284 Justice and Youth Services created in Section 80-5-103.
8285 (10) "Family-based setting" means a home that is licensed to allow a minor to reside at
8286 the home, including a foster home, proctor care, or residential care by a professional parent.
8287 (11) "Formal referral" means a written report from a peace officer, or other person,
8288 informing the juvenile court that:
8289 (a) an offense committed by a minor is, or appears to be, within the juvenile court's
8290 jurisdiction; and
8291 (b) the minor's case must be reviewed by a juvenile probation officer or a prosecuting
8292 attorney.
8293 (12) "Material loss" means an uninsured:
8294 (a) property loss;
8295 (b) out-of-pocket monetary loss for property that is stolen, damaged, or destroyed;
8296 (c) lost wages because of an injury, time spent as a witness, or time spent assisting the
8297 police or prosecution; or
8298 (d) medical expense.
8299 (13) "Referral" means a formal referral, a referral to the juvenile court under Section
8300 53G-8-211, or a citation issued to a minor for which the juvenile court receives notice under
8301 Section 80-6-302.
8302 (14) "Rescission" means a written order of the authority that rescinds a date for parole.
8303 (15) "Restitution" means money or services that the juvenile court, or a juvenile
8304 probation officer if the minor agrees to a nonjudicial adjustment, orders a minor to pay or
8305 render to a victim for the minor's wrongful act or conduct.
8306 (16) "Revocation" means a written order of the authority that, after a hearing and
8307 determination under Section 80-6-806:
8308 (a) terminates supervision of a juvenile offender's parole; and
8309 (b) directs a juvenile offender to return to secure care.
8310 (17) "Temporary custody" means the control and responsibility of a minor, before an
8311 adjudication under Section 80-6-701, until the minor is released to a parent, guardian,
8312 responsible adult, or to an appropriate agency.
8313 (18) "Termination" means a written order of the authority that terminates a juvenile
8314 offender from parole.
8315 (19) (a) "Victim" means a person that the juvenile court determines suffered a material
8316 loss as a result of a minor's wrongful act or conduct.
8317 (b) "Victim" includes:
8318 (i) any person directly harmed by the minor's wrongful act or conduct in the course of
8319 the scheme, conspiracy, or pattern if the minor's wrongful act or conduct is an offense that
8320 involves an element of a scheme, a conspiracy, or a pattern of criminal activity; and
8321 (ii) the Utah Office for Victims of Crime.
8322 (20) "Violent felony" means the same as that term is defined in Section 76-3-203.5.
8323 (21) "Work program" means the same as that term is defined in Section 80-5-102.
8324 (22) "Youth services" means the same as that term is defined in Section 80-5-102.
8325 Section 113. Effective date.
8326 (1) Except as provided in Subsection (2), this bill takes effect on May 1, 2024.
8327 (2) The actions affecting the following sections take effect on July 1, 2024:
8328 (a) Section 26B-1-204;
8329 (b) Section 26B-2-241;
8330 (c) Section 53-2d-404;
8331 (d) Section 53-2d-503;
8332 (e) Section 53-2d-703;
8333 (f) Section 63I-1-226; and
8334 (g) Section 77-41-102.