Chief Sponsor: Jen Plumb

House Sponsor: Carol S. Moss


8     General Description:
9          This bill modifies provisions related to overdose outreach providers.
10     Highlighted Provisions:
11          This bill:
12          ▸     adds peer support specialists, social workers, and substance use disorder counselors
13     to the definition of overdose outreach provider.
14     Money Appropriated in this Bill:
15          None
16     Other Special Clauses:
17          None
18     Utah Code Sections Affected:
19     AMENDS:
20          26B-4-501, as renumbered and amended by Laws of Utah 2023, Chapter 307

22     Be it enacted by the Legislature of the state of Utah:
23          Section 1. Section 26B-4-501 is amended to read:
24          26B-4-501. Definitions.
25          As used in this part:
26          (1) "Controlled substance" means the same as that term is defined in Title 58, Chapter
27     37, Utah Controlled Substances Act.

28          (2) "Critical access hospital" means a critical access hospital that meets the criteria of
29     42 U.S.C. Sec. 1395i-4(c)(2) (1998).
30          (3) "Designated facility" means:
31          (a) a freestanding urgent care center;
32          (b) a general acute hospital; or
33          (c) a critical access hospital.
34          (4) "Dispense" means the same as that term is defined in Section 58-17b-102.
35          (5) "Division" means the Division of Professional Licensing created in Section
36     58-1-103.
37          (6) "Emergency contraception" means the use of a substance, approved by the United
38     States Food and Drug Administration, to prevent pregnancy after sexual intercourse.
39          (7) "Freestanding urgent care center" means the same as that term is defined in Section
40     59-12-801.
41          (8) "General acute hospital" means the same as that term is defined in Section
42     26B-2-201.
43          (9) "Health care facility" means a hospital, a hospice inpatient residence, a nursing
44     facility, a dialysis treatment facility, an assisted living residence, an entity that provides home-
45     and community-based services, a hospice or home health care agency, or another facility that
46     provides or contracts to provide health care services, which facility is licensed under Chapter 2,
47     Part 2, Health Care Facility Licensing and Inspection.
48          (10) "Health care provider" means:
49          (a) a physician, as defined in Section 58-67-102;
50          (b) an advanced practice registered nurse, as defined in Section 58-31b-102;
51          (c) a physician assistant, as defined in Section 58-70a-102; or
52          (d) an individual licensed to engage in the practice of dentistry, as defined in Section
53     58-69-102.
54          (11) "Increased risk" means risk exceeding the risk typically experienced by an
55     individual who is not using, and is not likely to use, an opiate.
56          (12) "Opiate" means the same as that term is defined in Section 58-37-2.
57          (13) "Opiate antagonist" means naloxone hydrochloride or any similarly acting drug
58     that is not a controlled substance and that is approved by the federal Food and Drug

59     Administration for the diagnosis or treatment of an opiate-related drug overdose.
60          (14) "Opiate-related drug overdose event" means an acute condition, including a
61     decreased level of consciousness or respiratory depression resulting from the consumption or
62     use of a controlled substance, or another substance with which a controlled substance was
63     combined, and that a person would reasonably believe to require medical assistance.
64          (15) "Overdose outreach provider" means:
65          (a) a law enforcement agency;
66          (b) a fire department;
67          (c) an emergency medical service provider, as defined in Section 26B-4-101;
68          (d) emergency medical service personnel, as defined in Section 26B-4-101;
69          (e) an organization providing treatment or recovery services for drug or alcohol use;
70          (f) an organization providing support services for an individual, or a family of an
71     individual, with a substance use disorder;
72          (g) a certified peer support specialist, as defined in Section 26B-5-610;
73          [(g)] (h) an organization providing substance use or mental health services under
74     contract with a local substance abuse authority, as defined in Section 26B-5-101, or a local
75     mental health authority, as defined in Section 26B-5-101;
76          [(h)] (i) an organization providing services to the homeless;
77          [(i)] (j) a local health department;
78          [(j)] (k) an individual licensed to practice [pharmacy] under:
79          (i) Title 58, Chapter 17b, Pharmacy Practice Act;
80          (ii) Title 58, Chapter 60, Part 2, Social Worker Licensing Act; or
81          (iii) Title 58, Chapter 60, Part 5, Substance Use Disorder Counselor Act; or
82          [(k)] (l) an individual.
83          (16) "Patient counseling" means the same as that term is defined in Section
84     58-17b-102.
85          (17) "Pharmacist" means the same as that term is defined in Section 58-17b-102.
86          (18) "Pharmacy intern" means the same as that term is defined in Section 58-17b-102.
87          (19) "Physician" means the same as that term is defined in Section 58-67-102.
88          (20) "Practitioner" means:
89          (a) a physician; or

90          (b) any other person who is permitted by law to prescribe emergency contraception.
91          (21) "Prescribe" means the same as that term is defined in Section 58-17b-102.
92          (22) (a) "Self-administered hormonal contraceptive" means a self-administered
93     hormonal contraceptive that is approved by the United States Food and Drug Administration to
94     prevent pregnancy.
95          (b) "Self-administered hormonal contraceptive" includes an oral hormonal
96     contraceptive, a hormonal vaginal ring, and a hormonal contraceptive patch.
97          (c) "Self-administered hormonal contraceptive" does not include any drug intended to
98     induce an abortion, as that term is defined in Section 76-7-301.
99          (23) "Sexual assault" means any criminal conduct described in Title 76, Chapter 5, Part
100     4, Sexual Offenses, that may result in a pregnancy.
101          (24) "Victim of sexual assault" means any person who presents to receive, or receives,
102     medical care in consequence of being subjected to sexual assault.
103          Section 2. Effective date.
104          This bill takes effect on May 1, 2024.