Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 227 (2017GS)

Sponsor

Rep. Gardiner, A.

Final action

Governor Signed 3/24/2017

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• adds an exemption from the requirements to have a Department of Health background clearance for licensure for law enforcement employees working as emergency medical service dispatchers that have received an approved Department of Public Safety background clearance; and
• makes technical and conforming changes to align with the Emergency Medical Services Personnel Licensure Interstate Compact.

Every vote on this bill

Bill text

EMERGENCY MEDICAL SERVICE SYSTEM AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Adam Gardiner
Senate Sponsor: 
 Todd Weiler
LONG TITLE
General Description:
This bill amends provisions in the Utah Emergency Medical Services System Act.
Highlighted Provisions:
This bill:
▸ adds an exemption from the requirements to have a Department of Health
background clearance for licensure for law enforcement employees working as
emergency medical service dispatchers that have received an approved Department
of Public Safety background clearance; and
▸ makes technical and conforming changes to align with the Emergency Medical
Services Personnel Licensure Interstate Compact.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
26-8a-102
, as last amended by Laws of Utah 2013, Chapter 246
26-8a-103
, as last amended by Laws of Utah 2011, Chapters 51 and 297
26-8a-104
, as last amended by Laws of Utah 2016, Chapter 74
26-8a-105
, as last amended by Laws of Utah 2016, Chapter 168
26-8a-106
, as last amended by Laws of Utah 2016, Chapter 74
26-8a-208
, as last amended by Laws of Utah 2010, Chapter 391
26-8a-301
, as last amended by Laws of Utah 2009, Chapter 22
26-8a-302
, as last amended by Laws of Utah 2015, Chapter 307
26-8a-308
, as last amended by Laws of Utah 2009, Chapter 22
26-8a-310
, as repealed and reenacted by Laws of Utah 2015, Chapter 307
26-8a-408
, as last amended by Laws of Utah 2015, Chapter 307
26-8a-409
, as enacted by Laws of Utah 1999, Chapter 141
26-8a-501
, as enacted by Laws of Utah 1999, Chapter 141
26-8a-502
, as last amended by Laws of Utah 2009, Chapter 22
26-8a-503
, as last amended by Laws of Utah 2015, Chapter 167
26-8a-506
, as enacted by Laws of Utah 1999, Chapter 141
26-8a-601
, as last amended by Laws of Utah 2009, Chapter 22
41-6a-523
, as last amended by Laws of Utah 2012, Chapter 267
53-10-405
, as last amended by Laws of Utah 2012, Chapter 267
58-1-307
, as last amended by Laws of Utah 2016, Chapters 201 and 238
72-10-502
, as last amended by Laws of Utah 2012, Chapter 267
76-5-102.7
, as last amended by Laws of Utah 2016, Chapter 339
78A-6-209
, as last amended by Laws of Utah 2016, Chapters 122 and 144
78B-8-401
, as last amended by Laws of Utah 2013, Chapter 114
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
26-8a-102
 is amended to read:
26-8a-102.
Definitions.
As used in this chapter:
(1) (a) "911 ambulance or paramedic services" means:
(i) either:
(A) 911 ambulance service;
(B) 911 paramedic service; or
(C) both 911 ambulance and paramedic service; and
(ii) a response to a 911 call received by a designated dispatch center that receives 911
or E911 calls.
(b) "911 ambulance or paramedic service" does not mean a seven or ten digit telephone
call received directly by an ambulance provider licensed under this chapter.
(2) "Ambulance" means a ground, air, or water vehicle that:
(a) transports patients and is used to provide emergency medical services; and
(b) is required to obtain a permit under Section 
26-8a-304
 to operate in the state.
(3) "Ambulance provider" means an emergency medical service provider that:
(a) transports and provides emergency medical care to patients; and
(b) is required to obtain a license under Part 4, Ambulance and Paramedic Providers.
(4) "Committee" means the State Emergency Medical Services Committee created by
Section 
26-1-7
.
(5) "Direct medical observation" means in-person observation of a patient by a
physician, registered nurse, physician's assistant, or individual [
certified
] 
licensed
 under
Section 
26-8a-302
.
(6) "Emergency medical condition" means:
(a) a medical condition that manifests itself by symptoms of sufficient severity,
including severe pain, that a prudent layperson, who possesses an average knowledge of health
and medicine, could reasonably expect the absence of immediate medical attention to result in:
(i) placing the individual's health in serious jeopardy;
(ii) serious impairment to bodily functions; or
(iii) serious dysfunction of any bodily organ or part; or
(b) a medical condition that in the opinion of a physician or his designee requires direct
medical observation during transport or may require the intervention of an individual [
certified
]
licensed
 under Section 
26-8a-302
 during transport.
(7) "Emergency medical service personnel":
(a) means an individual who provides emergency medical services to a patient and is
required to be [
certified
] 
licensed
 under Section 
26-8a-302
; and
(b) includes a paramedic, medical director of a licensed emergency medical service
provider, emergency medical service instructor, and other categories established by the
committee.
(8) "Emergency medical service providers" means:
(a) licensed ambulance providers and paramedic providers;
(b) a facility or provider that is required to be designated under Section 
26-8a-303
; and
(c) emergency medical service personnel.
(9) "Emergency medical services" means medical services, transportation services, or
both rendered to a patient.
(10) "Emergency medical service vehicle" means a land, air, or water vehicle that is:
(a) maintained and used for the transportation of emergency medical personnel,
equipment, and supplies to the scene of a medical emergency; and
(b) required to be permitted under Section 
26-8a-304
.
(11) "Governing body":
(a) is as defined in Section 
11-42-102
; and
(b) for purposes of a "special service district" under Section 
11-42-102
, means a
special service district that has been delegated the authority to select a provider under this
chapter by the special service district's legislative body or administrative control board.
(12) "Interested party" means:
(a) a licensed or designated emergency medical services provider that provides
emergency medical services within or in an area that abuts an exclusive geographic service area
that is the subject of an application submitted pursuant to Part 4, Ambulance and Paramedic
Providers;
(b) any municipality, county, or fire district that lies within or abuts a geographic
service area that is the subject of an application submitted pursuant to Part 4, Ambulance and
Paramedic Providers; or
(c) the department when acting in the interest of the public.
(13) "Medical control" means a person who provides medical supervision to an
emergency medical service provider.
(14) "Non-911 service" means transport of a patient that is not 911 transport under
Subsection (1).
(15) "Paramedic provider" means an entity that:
(a) employs emergency medical service personnel; and
(b) is required to obtain a license under Part 4, Ambulance and Paramedic Providers.
(16) "Patient" means an individual who, as the result of illness or injury, meets any of
the criteria in Section 
26-8a-305
.
(17) "Political subdivision" means:
(a) a city or town located in a county of the first or second class as defined in Section
17-50-501
;
(b) a county of the first or second class;
(c) the following districts located in a county of the first or second class:
(i) a special service district created under Title 17D, Chapter 1, Special Service District
Act; or
(ii) a local district under Title 17B, Limited Purpose Local Government Entities - Local
Districts, for the purpose of providing fire protection, paramedic, and emergency services;
(d) areas coming together as described in Subsection 
26-8a-405.2
(2)(b)(ii);
(e) an interlocal entity under Title 11, Chapter 13, Interlocal Cooperation Act; or
(f) a special service district for fire protection service under Subsection 
17D-1-201
(9).
(18) "Trauma" means an injury requiring immediate medical or surgical intervention.
(19) "Trauma system" means a single, statewide system that:
(a) organizes and coordinates the delivery of trauma care within defined geographic
areas from the time of injury through transport and rehabilitative care; and
(b) is inclusive of all prehospital providers, hospitals, and rehabilitative facilities in
delivering care for trauma patients, regardless of severity.
(20) "Triage" means the sorting of patients in terms of disposition, destination, or
priority. For prehospital trauma victims, triage requires a determination of injury severity to
assess the appropriate level of care according to established patient care protocols.
(21) "Triage, treatment, transportation, and transfer guidelines" means written
procedures that:
(a) direct the care of patients; and
(b) are adopted by the medical staff of an emergency patient receiving facility, trauma
center, or an emergency medical service provider.
Section 2. Section 
26-8a-103
 is amended to read:
26-8a-103.
State Emergency Medical Services Committee -- Membership --
Expenses.
(1) The State Emergency Medical Services Committee created by Section 
26-1-7
 shall
be composed of the following 16 members appointed by the governor, at least five of whom
shall reside in a county of the third, fourth, fifth, or sixth class:
(a) five physicians licensed under Title 58, Chapter 67, Utah Medical Practice Act, or
Title 58, Chapter 68, Utah Osteopathic Medical Practice Act, as follows:
(i) one surgeon who actively provides trauma care at a hospital;
(ii) one rural physician involved in emergency medical care;
(iii) two physicians who practice in the emergency department of a general acute
hospital; and
(iv) one pediatrician who practices in the emergency department or critical care unit of
a general acute hospital or a children's specialty hospital;
(b) one representative from a private ambulance provider;
(c) one representative from an ambulance provider that is neither privately owned nor
operated by a fire department;
(d) two chief officers from fire agencies operated by the following classes of licensed
or designated emergency medical services providers: municipality, county, and fire district,
provided that no class of medical services providers may have more than one representative
under this Subsection (1)(d);
(e) one director of a law enforcement agency that provides emergency medical
services;
(f) one hospital administrator;
(g) one emergency care nurse;
(h) one paramedic in active field practice;
(i) one emergency medical technician in active field practice;
(j) one [
certified
] 
licensed
 emergency medical dispatcher affiliated with an emergency
medical dispatch center; and
(k) one consumer.
(2) (a) Except as provided in Subsection (2)(b), members shall be appointed to a
four-year term beginning July 1.
(b) Notwithstanding Subsection (2)(a), the governor shall, at the time of appointment
or reappointment, adjust the length of terms to ensure that the terms of committee members are
staggered so that approximately half of the committee is appointed every two years.
(c) When a vacancy occurs in the membership for any reason, the replacement shall be
appointed by the governor for the unexpired term.
(3) (a) Each January, the committee shall organize and select one of its members as
chair and one member as vice chair. The committee may organize standing or ad hoc
subcommittees, which shall operate in accordance with guidelines established by the
committee.
(b) The chair shall convene a minimum of four meetings per year. The chair may call
special meetings. The chair shall call a meeting upon request of five or more members of the
committee.
(c) Nine members of the committee constitute a quorum for the transaction of business
and the action of a majority of the members present is the action of the committee.
(4) A member may not receive compensation or benefits for the member's service, but
may receive per diem and travel expenses in accordance with:
(a) Section 
63A-3-106
;
(b) Section 
63A-3-107
; and
(c) rules made by the Division of Finance pursuant to Sections 
63A-3-106
 and
63A-3-107
.
(5) Administrative services for the committee shall be provided by the department.
Section 3. Section 
26-8a-104
 is amended to read:
26-8a-104.
Committee advisory duties.
The committee shall adopt rules , with the concurrence of the department, in accordance
with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, that:
(1) establish [
certification
] 
licensure
 and reciprocity requirements under Section
26-8a-302
;
(2) establish designation requirements under Section 
26-8a-303
;
(3) promote the development of a statewide emergency medical services system under
Section 
26-8a-203
;
(4) establish insurance requirements for ambulance providers;
(5) provide guidelines for requiring patient data under Section 
26-8a-203
;
(6) establish criteria for awarding grants under Section 
26-8a-207
;
(7) establish requirements for the coordination of emergency medical services and the
medical supervision of emergency medical service providers under Section 
26-8a-306
; and
(8) are necessary to carry out the responsibilities of the committee as specified in other
sections of this chapter.
Section 4. Section 
26-8a-105
 is amended to read:
26-8a-105.
Department powers.
The department shall:
(1) coordinate the emergency medical services within the state;
(2) administer this chapter and the rules established pursuant to it;
(3) establish a voluntary task force representing a diversity of emergency medical
service providers to advise the department and the committee on rules;
(4) establish an emergency medical service personnel peer review board to advise the
department concerning discipline of emergency medical service personnel under this chapter;
and
(5) adopt rules in accordance with Title 63G, Chapter 3, Utah Administrative
Rulemaking Act, to:
(a) license ambulance providers and paramedic providers;
(b) permit ambulances and emergency medical response vehicles, including approving
an emergency vehicle operator's course in accordance with Section 
26-8a-304
;
(c) establish:
(i) the qualifications for membership of the peer review board created by this section;
(ii) a process for placing restrictions on a [
certification
] 
license
 while an investigation
is pending;
(iii) the process for the investigation and recommendation by the peer review board;
and
(iv) the process for determining the status of a license [
or certification
] while a peer
review board investigation is pending;
(d) establish application, submission, and procedural requirements for licenses,
designations, [
certificates,
]
 and permits; and
(e) establish and implement the programs, plans, and responsibilities as specified in
other sections of this chapter.
Section 5. Section 
26-8a-106
 is amended to read:
26-8a-106.
Waiver of rules.
(1) Upon application, the department, or the committee with the concurrence of the
department, may waive the requirements of a rule the department, or the committee with the
concurrence of the department, has adopted if:
(a) the person applying for the waiver satisfactorily demonstrates that:
(i) the waiver is necessary for a pilot project to be undertaken by the applicant;
(ii) in the particular situation, the requirement serves no beneficial public purpose; or
(iii) circumstances warrant that waiver of the requirement outweighs the public benefit
to be gained by adherence to the rule; and
(b) for a waiver granted under Subsection (1)(a)(ii) or (iii):
(i) the committee or department extends the waiver to similarly situated persons upon
application; or
(ii) the department, or the committee with the concurrence of the department, amends
the rule to be consistent with the waiver.
(2) A waiver of education[
, licensing, or certification
] 
or licensing
 requirements may
be granted to a veteran, as defined in Section 
68-3-12.5
, if the veteran:
(a) provides to the committee or department documentation showing military education
and training in the field in which [
certification or
] licensure is sought; and
(b) successfully passes any examination required.
(3) No waiver may be granted under this section that is inconsistent with the provisions
of this chapter.
Section 6. Section 
26-8a-208
 is amended to read:
26-8a-208.
Fees for training equipment rental, testing, and quality assurance
reviews.
(1) The department may charge fees, established pursuant to Section 
26-1-6
:
(a) for the use of department-owned training equipment;
(b) to administer tests and conduct quality assurance reviews; and
(c) to process an application for a [
certificate,
] designation, permit, or license.
(2) (a) Fees collected under Subsections (1)(a) and (b) shall be separate dedicated
credits.
(b) Fees under Subsection (1)(a) may be used to purchase training equipment.
(c) Fees under Subsection (1)(b) may be used to administer tests and conduct quality
assurance reviews.
Section 7. Section 
26-8a-301
 is amended to read:
26-8a-301.
General requirement.
(1) Except as provided in Section 
26-8a-308
 or 
26-8b-201
:
(a) an individual may not provide emergency medical services without a [
certificate
]
license
 issued under Section 
26-8a-302
;
(b) a facility or provider may not hold itself out as a designated emergency medical
service provider without a designation issued under Section 
26-8a-303
;
(c) a vehicle may not operate as an ambulance or emergency response vehicle without a
permit issued under Section 
26-8a-304
; and
(d) an entity may not respond as an ambulance or paramedic provider without the
appropriate license issued under Part 4, Ambulance and Paramedic Providers.
(2) Section 
26-8a-502
 applies to violations of this section.
Section 8. Section 
26-8a-302
 is amended to read:
26-8a-302.
Licensure of emergency medical service personnel.
(1) To promote the availability of comprehensive emergency medical services
throughout the state, the committee shall establish:
(a) initial and ongoing [
certification
] 
licensure
 and training requirements for
emergency medical service personnel in the following categories:
(i) paramedic;
(ii) medical director;
(iii) emergency medical service instructor; and
(iv) other types of emergency medical personnel as the committee considers necessary;
and
(b) guidelines for giving credit for out-of-state training and experience.
(2) The department shall, based on the requirements established in Subsection (1):
(a) develop, conduct, and authorize training and testing for emergency medical service
personnel; and
(b) issue [
certifications and certification
] 
a license and license
 renewals to emergency
medical service personnel.
(3) As provided in Section 
26-8a-502
, an individual issued a [
certification
] 
license
under this section may only provide emergency medical services to the extent allowed by the
[
certification
] 
license
.
(4) [
An
] 
Except as provided in Subsection 
28A-3a-310
(13), an
 individual may not be
issued or retain a [
certification
] 
license
 under this section unless the individual obtains and
retains background clearance under Section 
26-8a-310
.
Section 9. Section 
26-8a-308
 is amended to read:
26-8a-308.
Exemptions.
(1) The following persons may provide emergency medical services to a patient
without being [
certified or
] licensed under this chapter:
(a) out-of-state emergency medical service personnel and providers in time of disaster;
(b) an individual who gratuitously acts as a Good Samaritan;
(c) a family member;
(d) a private business if emergency medical services are provided only to employees at
the place of business and during transport;
(e) an agency of the United States government if compliance with this chapter would
be inconsistent with federal law; and
(f) police, fire, and other public service personnel if:
(i) emergency medical services are rendered in the normal course of the person's duties;
and
(ii) medical control, after being apprised of the circumstances, directs immediate
transport.
(2) An ambulance or emergency response vehicle may operate without a permit issued
under Section 
26-8a-304
 in time of disaster.
(3) Nothing in this chapter or Title 58, Occupations and Professions, may be construed
as requiring a license [
or certificate
] for an individual to administer cardiopulmonary
resuscitation or to use a fully automated external defibrillator under Section 
26-8b-201
.
(4) Nothing in this chapter may be construed as requiring a license, permit, 
or
designation[
, or certificate
] for an acute care hospital, medical clinic, physician's office, or
other fixed medical facility that:
(a) is staffed by a physician, physician's assistant, nurse practitioner, or registered
nurse; and
(b) treats an individual who has presented himself or was transported to the hospital,
clinic, office, or facility.
Section 10. Section 
26-8a-310
 is amended to read:
26-8a-310.
Background clearance for emergency medical service personnel.
(1) The department shall determine whether to grant background clearance for an
individual seeking [
certification
] 
licensure
 under Section 
26-8a-302
 from whom it receives:
(a) the individual's social security number, fingerprints, and other personal
identification information specified by the department under Subsection (4); and
(b) any fees established by the department under Subsection (10).
(2) The department shall determine whether to deny or revoke background clearance
for individuals for whom it has previously granted background clearance.
(3) The department shall determine whether to grant, deny, or revoke background
clearance for an individual based on an initial and ongoing evaluation of information the
department obtains under Subsections (5) and (11), which, at a minimum, shall include an
initial criminal background check of state, regional, and national databases using the
individual's fingerprints.
(4) The department shall make rules, in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act, that specify:
(a) the criteria the department will use under Subsection (3) to determine whether to
grant, deny, or revoke background clearance; and
(b) the other personal identification information an individual seeking [
certification
]
licensure
 under Section 
26-8a-302
 must submit under Subsection (1).
(5) To determine whether to grant, deny, or revoke background clearance, the
department may access and evaluate any of the following:
(a) Department of Public Safety arrest, conviction, and disposition records described in
Title 53, Chapter 10, Criminal Investigations and Technical Services Act, including
information in state, regional, and national records files;
(b) adjudications by a juvenile court of committing an act that if committed by an adult
would be a felony or misdemeanor, if:
(i) the applicant is under 28 years of age; or
(ii) the applicant:
(A) is over 28 years of age; and
(B) has been convicted of, has pleaded no contest to, or is currently subject to a plea in
abeyance or diversion agreement for a felony or misdemeanor;
(c) juvenile court arrest, adjudication, and disposition records, other than those under
Subsection (5)(b), as allowed under Section 
78A-6-209
;
(d) child abuse or neglect findings described in Section 
78A-6-323
;
(e) the Department of Human Services' Division of Child and Family Services
Licensing Information System described in Section 
62A-4a-1006
;
(f) the Department of Human Services' Division of Aging and Adult Services database
of reports of vulnerable adult abuse, neglect, or exploitation, described in Section 
62A-3-311.1
;
(g) Division of Occupational and Professional Licensing records of licensing and
certification under Title 58, Occupations and Professions;
(h) records in other federal criminal background databases available to the state; and
(i) any other records of arrests, warrants for arrest, convictions, pleas in abeyance,
pending diversion agreements, or dispositions.
(6) Except for the Department of Public Safety, an agency may not charge the
department for information accessed under Subsection (5).
(7) When evaluating information under Subsection (3), the department shall classify a
crime committed in another state according to the closest matching crime under Utah law,
regardless of how the crime is classified in the state where the crime was committed.
(8) The department shall adopt measures to protect the security of information it
accesses under Subsection (5), which shall include limiting access by department employees to
those responsible for acquiring, evaluating, or otherwise processing the information.
(9) The department may disclose personal identification information it receives under
Subsection (1) to the Department of Human Services to verify that the subject of the
information is not identified as a perpetrator or offender in the information sources described in
Subsections (5)(d) through (f).
(10) The department may charge fees, in accordance with Section 
63J-1-504
, to pay
for:
(a) the cost of obtaining, storing, and evaluating information needed under Subsection
(3), both initially and on an ongoing basis, to determine whether to grant, deny, or revoke
background clearance; and
(b) other department costs related to granting, denying, or revoking background
clearance.
(11) The Criminal Investigations and Technical Services Division within the
Department of Public Safety shall:
(a) retain, separate from other division records, personal information under Subsection
(1), including any fingerprints sent to it by the Department of Health; and
(b) notify the Department of Health upon receiving notice that an individual for whom
personal information has been retained is the subject of:
(i) a warrant for arrest;
(ii) an arrest;
(iii) a conviction, including a plea in abeyance; or
(iv) a pending diversion agreement.
(12) The department shall use the Direct Access Clearance System database created
under Section 
26-21-209
 to manage information about the background clearance status of each
individual for whom the department is required to make a determination under Subsection (1).
(13) An employee in law enforcement who works as an emergency medical service
dispatcher and has received an approved Department of Public Safety background clearance is
exempt from the requirements to have a Department of Health background clearance for
licensure.
Section 11. Section 
26-8a-408
 is amended to read:
26-8a-408.
Criteria for determining public convenience and necessity.
(1) The criteria for determining public convenience and necessity is set forth in
Subsections (2) through (6).
(2) Access to emergency medical services shall be maintained or improved. The
officer shall consider the impact on existing services, including the impact on response times,
call volumes, populations and exclusive geographic service areas served, and the ability of
surrounding licensed providers to service their exclusive geographic service areas. The
issuance or amendment of a license may not create an orphaned area.
(3) The quality of service in the area shall be maintained or improved. The officer
shall consider the:
(a) staffing and equipment standards of the current licensed provider and the applicant;
(b) training and [
certification
] 
licensure
 levels of the current licensed provider's staff
and the applicant's staff;
(c) continuing medical education provided by the current licensed provider and the
applicant;
(d) levels of care as defined by department rule;
(e) plan of medical control; and
(f) the negative or beneficial impact on the regional emergency medical service system
to provide service to the public.
(4) The cost to the public shall be justified. The officer shall consider:
(a) the financial solvency of the applicant;
(b) the applicant's ability to provide services within the rates established under Section
26-8a-403
;
(c) the applicant's ability to comply with cost reporting requirements;
(d) the cost efficiency of the applicant; and
(e) the cost effect of the application on the public, interested parties, and the emergency
medical services system.
(5) Local desires concerning cost, quality, and access shall be considered. The officer
shall assess and consider:
(a) the existing provider's record of providing services and the applicant's record and
ability to provide similar or improved services;
(b) locally established emergency medical services goals, including those established in
Subsection (7);
(c) comment by local governments on the applicant's business and operations plans;
(d) comment by interested parties that are providers on the impact of the application on
the parties' ability to provide emergency medical services;
(e) comment by interested parties that are local governments on the impact of the
application on the citizens it represents; and
(f) public comment on any aspect of the application or proposed license.
(6) Other related criteria:
(a) the officer considers necessary; or
(b) established by department rule.
(7) Local governments shall establish cost, quality, and access goals for the ground
ambulance and paramedic services that serve their areas.
(8) In a formal adjudicative proceeding, the applicant bears the burden of establishing
that public convenience and necessity require the approval of the application for all or part of
the exclusive geographic service area requested.
Section 12. Section 
26-8a-409
 is amended to read:
26-8a-409.
Ground ambulance and paramedic licenses -- Hearing and presiding
officers.
(1) The department shall set [
certification and
] training standards for hearing officers
and presiding officers.
(2) At a minimum, a presiding officer shall:
(a) be familiar with the theory and application of public convenience and necessity; and
(b) have a working knowledge of the emergency medical service system in the state.
(3) In addition to the requirements in Subsection (2), a hearing officer shall also be
licensed to practice law in the state.
(4) The department shall provide training for hearing officer and presiding officer
candidates in the theory and application of public convenience and necessity and on the
emergency medical system in the state.
(5) The department shall maintain a roster of no less than five individuals who meet
the minimum qualifications for both presiding and hearing officers and the standards set by the
department.
(6) The parties may mutually select an officer from the roster if the officer is available.
(7) If the parties cannot agree upon an officer under Subsection (4), the department
shall randomly select an officer from the roster or from a smaller group of the roster agreed
upon by the applicant and the objecting interested parties.
Section 13. Section 
26-8a-501
 is amended to read:
26-8a-501.
Discrimination.
(1) No person licensed[
, certified,
] or designated pursuant to this chapter may
discriminate in the provision of emergency medical services on the basis of race, sex, color,
creed, or prior inquiry as to ability to pay.
(2) This chapter does not authorize or require medical assistance or transportation over
the objection of an individual on religious grounds.
Section 14. Section 
26-8a-502
 is amended to read:
26-8a-502.
Illegal activity.
(1) Except as provided in Section 
26-8a-308
 or 
26-8b-201
, a person may not:
(a) practice or engage in the practice, represent [
himself to be
] 
that the person is
practicing or engaging in the practice, or attempt to practice or engage in the practice of any
activity that requires a license[
, certification,
] or designation under this chapter unless that
person [
is so licensed, certified, or designated
] 
is licensed or designated under this chapter
; or
(b) offer an emergency medical service that requires a license[
, certificate,
] or
designation 
under this chapter
 unless the person is [
so licensed, certified, or designated
]
licensed or designated under this chapter
.
(2) A person may not advertise or [
hold himself out as one holding
] 
represent that the
person holds
 a license[
, certification,
] or designation required under this chapter, unless that
person holds the license[
, certification,
] or designation 
under this chapter
.
(3) A person may not employ or permit any employee to perform any service for which
a license [
or certificate
] is required by this chapter, unless the person performing the service
possesses the required license [
or certificate
] 
under this chapter
.
(4) A person may not wear, display, sell, reproduce, or otherwise use any Utah
Emergency Medical Services insignia without authorization from the department.
(5) A person may not reproduce or otherwise use materials developed by the
department for [
certification or recertification
] 
licensure
 testing or examination without
authorization from the department.
(6) A person may not willfully summon an ambulance or emergency response vehicle
or report that one is needed when [
such
] 
the
 person knows that the ambulance or emergency
response vehicle is not needed.
(7) A person who violates this section is subject to Section 
26-23-6
.
Section 15. Section 
26-8a-503
 is amended to read:
26-8a-503.
Discipline of emergency medical services personnel.
(1) The department may refuse to issue a [
certificate
] 
license
 or renewal, or revoke,
suspend, restrict, or place on probation an individual's [
certificate
] 
license
 if:
(a) the individual does not meet the qualifications for [
certification
] 
licensure
 under
Section 
26-8a-302
;
(b) the individual has engaged in conduct, as defined by committee rule, that:
(i) is unprofessional;
(ii) is adverse to the public health, safety, morals, or welfare; or
(iii) would adversely affect public trust in the emergency medical service system;
(c) the individual has violated Section 
26-8a-502
 or other provision of this chapter;
(d) a court of competent jurisdiction has determined the individual to be mentally
incompetent for any reason; or
(e) the individual is unable to provide emergency medical services with reasonable
skill and safety because of illness, drunkenness, use of drugs, narcotics, chemicals, or any other
type of material, or as a result of any other mental or physical condition, when the individual's
condition demonstrates a clear and unjustifiable threat or potential threat to oneself, coworkers,
or the public health, safety, or welfare that cannot be reasonably mitigated.
(2) (a) An action to revoke, suspend, restrict, or place a [
certificate
] 
license
 on
probation shall be done in:
(i) consultation with the peer review board created in Section 
26-8a-105
; and
(ii) accordance with Title 63G, Chapter 4, Administrative Procedures Act.
(b) Notwithstanding Subsection (2)(a), the department may issue a cease and desist
order under Section 
26-8a-507
 to immediately suspend an individual's [
certificate
] 
license
pending an administrative proceeding to be held within 30 days if there is evidence to show
that the individual poses a clear, immediate, and unjustifiable threat or potential threat to the
public health, safety, or welfare.
(3) An individual whose [
certificate
] 
license
 has been suspended, revoked, or restricted
may apply for reinstatement of the [
certificate
] 
license
 at reasonable intervals and upon
compliance with any conditions imposed upon the [
certificate
] 
license
 by statute, committee
rule, or the terms of the suspension, revocation, or restriction.
(4) In addition to taking disciplinary action under Subsection (1), the department may
impose sanctions in accordance with Section 
26-23-6
.
Section 16. Section 
26-8a-506
 is amended to read:
26-8a-506.
Investigations for enforcement of chapter.
(1) The department may, for the purpose of ascertaining compliance with the
provisions of this chapter, enter and inspect on a routine basis the business premises and
equipment of a person:
(a) with a [
certificate,
] designation, permit, or license; or
(b) who holds himself out to the general public as providing a service for which a
[
certificate,
] designation, permit, or license is required under Section 
26-8a-301
.
(2) Before conducting an inspection under Subsection (1), the department shall, after
identifying the person in charge:
(a) give proper identification;
(b) describe the nature and purpose of the inspection; and
(c) if necessary, explain the authority of the department to conduct the inspection.
(3) In conducting an inspection under Subsection (1), the department may, after
meeting the requirements of Subsection (2):
(a) inspect records, equipment, and vehicles; and
(b) interview personnel.
(4) An inspection conducted under Subsection (1) shall be during regular operational
hours.
Section 17. Section 
26-8a-601
 is amended to read:
26-8a-601.
Persons and activities exempt from civil liability.
(1) (a) Except as provided in Subsection (1)(b), a licensed physician, physician's
assistant, or licensed registered nurse who, gratuitously and in good faith, gives oral or written
instructions to any of the following is not liable for any civil damages as a result of issuing the
instructions:
(i) an individual [
certified
] 
licensed
 under Section 
26-8a-302
;
(ii) a person who uses a fully automated external defibrillator, as defined in Section
26-8b-102
; or
(iii) a person who administers CPR, as defined in Section 
26-8b-102
.
(b) The liability protection described in Subsection (1)(a) does not apply if the
instructions given were the result of gross negligence or willful misconduct.
(2) An individual [
certified
] 
licensed
 under Section 
26-8a-302
, during either training or
after [
certification
] 
licensure
, a licensed physician, 
a
 physician's assistant, or a registered nurse
who, gratuitously and in good faith, provides emergency medical instructions or renders
emergency medical care authorized by this chapter is not liable for any civil damages as a result
of any act or omission in providing the emergency medical instructions or medical care, unless
the act or omission is the result of gross negligence or willful misconduct.
(3) An individual [
certified
] 
licensed
 under Section 
26-8a-302
 is not subject to civil
liability for failure to obtain consent in rendering emergency medical services authorized by
this chapter to any individual who is unable to give his consent, regardless of the individual's
age, where there is no other person present legally authorized to consent to emergency medical
care, provided that the [
certified
] 
licensed
 individual acted in good faith.
(4) A principal, agent, contractor, employee, or representative of an agency,
organization, institution, corporation, or entity of state or local government that sponsors,
authorizes, supports, finances, or supervises any functions of an individual [
certified
] 
licensed
under Section 
26-8a-302
 is not liable for any civil damages for any act or omission in
connection with such sponsorship, authorization, support, finance, or supervision of the
[
certified
] 
licensed
 individual where the act or omission occurs in connection with the
[
certified
] 
licensed
 individual's training or occurs outside a hospital where the life of a patient
is in immediate danger, unless the act or omission is inconsistent with the training of the
[
certified
] 
licensed
 individual, and unless the act or omission is the result of gross negligence
or willful misconduct.
(5) A physician who gratuitously and in good faith arranges for, requests, recommends,
or initiates the transfer of a patient from a hospital to a critical care unit in another hospital is
not liable for any civil damages as a result of such transfer where:
(a) sound medical judgment indicates that the patient's medical condition is beyond the
care capability of the transferring hospital or the medical community in which that hospital is
located; and
(b) the physician has secured an agreement from the receiving facility to accept and
render necessary treatment to the patient.
(6) A person who is a registered member of the National Ski Patrol System (NSPS) or
a member of a ski patrol who has completed a course in winter emergency care offered by the
NSPS combined with CPR for medical technicians offered by the American Red Cross or
American Heart Association, or an equivalent course of instruction, and who in good faith
renders emergency care in the course of ski patrol duties is not liable for civil damages as a
result of any act or omission in rendering the emergency care, unless the act or omission is the
result of gross negligence or willful misconduct.
(7) An emergency medical service provider who, in good faith, transports an individual
against his will but at the direction of a law enforcement officer pursuant to Section
62A-15-629
 is not liable for civil damages for transporting the individual.
Section 18. Section 
41-6a-523
 is amended to read:
41-6a-523.
Persons authorized to draw blood -- Immunity from liability.
(1) (a) Only the following, acting at the request of a peace officer, may draw blood to
determine its alcohol or drug content:
(i) a physician;
(ii) a registered nurse;
(iii) a licensed practical nurse;
(iv) a paramedic;
(v) as provided in Subsection (1)(b), emergency medical service personnel other than
paramedics; or
(vi) a person with a valid permit issued by the Department of Health under Section
26-1-30
.
(b) The Department of Health may designate by rule, in accordance with Title 63G,
Chapter 3, Utah Administrative Rulemaking Act, which emergency medical service personnel,
as defined in Section 
26-8a-102
, are authorized to draw blood under Subsection (1)(a)(v),
based on [
their
] 
the
 type of [
certification
] 
license
 under Section 
26-8a-302
.
(c) Subsection (1)(a) does not apply to taking a urine, breath, or oral fluid specimen.
(2) The following are immune from civil or criminal liability arising from drawing a
blood sample from a person whom a peace officer has reason to believe is driving in violation
of this chapter, if the sample is drawn in accordance with standard medical practice:
(a) a person authorized to draw blood under Subsection (1)(a); and
(b) if the blood is drawn at a hospital or other medical facility, the medical facility.
Section 19. Section 
53-10-405
 is amended to read:
53-10-405.
DNA specimen analysis -- Saliva sample to be obtained by agency --
Blood sample to be drawn by professional.
(1) (a) A saliva sample shall be obtained by the responsible agency under Subsection
53-10-404
(5).
(b) The sample shall be obtained in a professionally acceptable manner, using
appropriate procedures to ensure the sample is adequate for DNA analysis.
(2) (a) A blood sample shall be drawn in a medically acceptable manner by any of the
following:
(i) a physician;
(ii) a registered nurse;
(iii) a licensed practical nurse;
(iv) a paramedic;
(v) as provided in Subsection (2)(b), emergency medical service personnel other than
paramedics; or
(vi) a person with a valid permit issued by the Department of Health under Section
26-1-30
.
(b) The Department of Health may designate by rule, in accordance with Title 63G,
Chapter 3, Utah Administrative Rulemaking Act, which emergency medical service personnel,
as defined in Section 
26-8a-102
, are authorized to draw blood under Subsection (2)(a)(v),
based on [
their
] 
the
 type of [
certification
] 
license
 under Section 
26-8a-302
.
(c) A person authorized by this section to draw a blood sample may not be held civilly
liable for drawing a sample in a medically acceptable manner.
(3) A test result or opinion based upon a test result regarding a DNA specimen may not
be rendered inadmissible as evidence solely because of deviations from procedures adopted by
the department that do not affect the reliability of the opinion or test result.
(4) A DNA specimen is not required to be obtained if:
(a) the court or the responsible agency confirms with the department that the
department has previously received an adequate DNA specimen obtained from the person in
accordance with this section; or
(b) the court determines that obtaining a DNA specimen would create a substantial and
unreasonable risk to the health of the person.
Section 20. Section 
58-1-307
 is amended to read:
58-1-307.
Exemptions from licensure.
(1) Except as otherwise provided by statute or rule, the following individuals may
engage in the practice of their occupation or profession, subject to the stated circumstances and
limitations, without being licensed under this title:
(a) an individual serving in the armed forces of the United States, the United States
Public Health Service, the United States Department of Veterans Affairs, or other federal
agencies while engaged in activities regulated under this chapter as a part of employment with
that federal agency if the individual holds a valid license to practice a regulated occupation or
profession issued by any other state or jurisdiction recognized by the division;
(b) a student engaged in activities constituting the practice of a regulated occupation or
profession while in training in a recognized school approved by the division to the extent the
activities are supervised by qualified faculty, staff, or designee and the activities are a defined
part of the training program;
(c) an individual engaged in an internship, residency, preceptorship, postceptorship,
fellowship, apprenticeship, or on-the-job training program approved by the division while
under the supervision of qualified individuals;
(d) an individual residing in another state and licensed to practice a regulated
occupation or profession in that state, who is called in for a consultation by an individual
licensed in this state, and the services provided are limited to that consultation;
(e) an individual who is invited by a recognized school, association, society, or other
body approved by the division to conduct a lecture, clinic, or demonstration of the practice of a
regulated occupation or profession if the individual does not establish a place of business or
regularly engage in the practice of the regulated occupation or profession in this state;
(f) an individual licensed under the laws of this state, other than under this title, to
practice or engage in an occupation or profession, while engaged in the lawful, professional,
and competent practice of that occupation or profession;
(g) an individual licensed in a health care profession in another state who performs that
profession while attending to the immediate needs of a patient for a reasonable period during
which the patient is being transported from outside of this state, into this state, or through this
state;
(h) an individual licensed in another state or country who is in this state temporarily to
attend to the needs of an athletic team or group, except that the practitioner may only attend to
the needs of the athletic team or group, including all individuals who travel with the team or
group in any capacity except as a spectator;
(i) an individual licensed and in good standing in another state, who is in this state:
(i) temporarily, under the invitation and control of a sponsoring entity;
(ii) for a reason associated with a special purpose event, based upon needs that may
exceed the ability of this state to address through its licensees, as determined by the division;
and
(iii) for a limited period of time not to exceed the duration of that event, together with
any necessary preparatory and conclusionary periods; and
(j) the spouse of an individual serving in the armed forces of the United States while
the individual is stationed within this state, provided:
(i) the spouse holds a valid license to practice a regulated occupation or profession
issued by any other state or jurisdiction recognized by the division; and
(ii) the license is current and the spouse is in good standing in the state of licensure.
(2) (a) A practitioner temporarily in this state who is exempted from licensure under
Subsection (1) shall comply with each requirement of the licensing jurisdiction from which the
practitioner derives authority to practice.
(b) Violation of a limitation imposed by this section constitutes grounds for removal of
exempt status, denial of license, or other disciplinary proceedings.
(3) An individual who is licensed under a specific chapter of this title to practice or
engage in an occupation or profession may engage in the lawful, professional, and competent
practice of that occupation or profession without additional licensure under other chapters of
this title, except as otherwise provided by this title.
(4) Upon the declaration of a national, state, or local emergency, a public health
emergency as defined in Section 
26-23b-102
, or a declaration by the president of the United
States or other federal official requesting public health-related activities, the division in
collaboration with the board may:
(a) suspend the requirements for permanent or temporary licensure of individuals who
are licensed in another state for the duration of the emergency while engaged in the scope of
practice for which they are licensed in the other state;
(b) modify, under the circumstances described in this Subsection (4) and Subsection
(5), the scope of practice restrictions under this title for individuals who are licensed under this
title as:
(i) a physician under Chapter 67, Utah Medical Practice Act, or Chapter 68, Utah
Osteopathic Medical Practice Act;
(ii) a nurse under Chapter 31b, Nurse Practice Act, or Chapter 31c, Nurse Licensure
Compact;
(iii) a certified nurse midwife under Chapter 44a, Nurse Midwife Practice Act;
(iv) a pharmacist, pharmacy technician, or pharmacy intern under Chapter 17b,
Pharmacy Practice Act;
(v) a respiratory therapist under Chapter 57, Respiratory Care Practices Act;
(vi) a dentist and dental hygienist under Chapter 69, Dentist and Dental Hygienist
Practice Act; and
(vii) a physician assistant under Chapter 70a, Physician Assistant Act;
(c) suspend the requirements for licensure under this title and modify the scope of
practice in the circumstances described in this Subsection (4) and Subsection (5) for medical
services personnel or paramedics required to be [
certified
] 
licensed
 under Section 
26-8a-302
;
(d) suspend requirements in Subsections 
58-17b-620
(3) through (6) which require
certain prescriptive procedures;
(e) exempt or modify the requirement for licensure of an individual who is activated as
a member of a medical reserve corps during a time of emergency as provided in Section
26A-1-126
; and
(f) exempt or modify the requirement for licensure of an individual who is registered as
a volunteer health practitioner as provided in Title 26, Chapter 49, Uniform Emergency
Volunteer Health Practitioners Act.
(5) Individuals exempt under Subsection (4)(c) and individuals operating under
modified scope of practice provisions under Subsection (4)(b):
(a) are exempt from licensure or subject to modified scope of practice for the duration
of the emergency;
(b) must be engaged in the distribution of medicines or medical devices in response to
the emergency or declaration; and
(c) must be employed by or volunteering for:
(i) a local or state department of health; or
(ii) a host entity as defined in Section 
26-49-102
.
(6) In accordance with the protocols established under Subsection (8), upon the
declaration of a national, state, or local emergency, the Department of Health or a local health
department shall coordinate with public safety authorities as defined in Subsection
26-23b-110
(1) and may:
(a) use a vaccine, antiviral, antibiotic, or other prescription medication that is not a
controlled substance to prevent or treat a disease or condition that gave rise to, or was a
consequence of, the emergency; or
(b) distribute a vaccine, antiviral, antibiotic, or other prescription medication that is not
a controlled substance:
(i) if necessary, to replenish a commercial pharmacy in the event that the commercial
pharmacy's normal source of the vaccine, antiviral, antibiotic, or other prescription medication
is exhausted; or
(ii) for dispensing or direct administration to treat the disease or condition that gave
rise to, or was a consequence of, the emergency by:
(A) a pharmacy;
(B) a prescribing practitioner;
(C) a licensed health care facility;
(D) a federally qualified community health clinic; or
(E) a governmental entity for use by a community more than 50 miles from a person
described in Subsections (6)(b)(ii)(A) through (D).
(7) In accordance with protocols established under Subsection (8), upon the declaration
of a national, state, or local emergency, the Department of Health shall coordinate the
distribution of medications:
(a) received from the strategic national stockpile to local health departments; and
(b) from local health departments to emergency personnel within the local health
departments' geographic region.
(8) The Department of Health shall establish by rule, made in accordance with Title
63G, Chapter 3, Utah Administrative Rulemaking Act, protocols for administering, dispensing,
and distributing a vaccine, an antiviral, an antibiotic, or other prescription medication that is
not a controlled substance in the event of a declaration of a national, state, or local emergency. 
The protocol shall establish procedures for the Department of Health or a local health
department to:
(a) coordinate the distribution of:
(i) a vaccine, an antiviral, an antibiotic, or other prescription medication that is not a
controlled substance received by the Department of Health from the strategic national stockpile
to local health departments; and
(ii) a vaccine, an antiviral, an antibiotic, or other non-controlled prescription
medication received by a local health department to emergency personnel within the local
health department's geographic region;
(b) authorize the dispensing, administration, or distribution of a vaccine, an antiviral,
an antibiotic, or other prescription medication that is not a controlled substance to the contact
of a patient without a patient-practitioner relationship, if the contact's condition is the same as
that of the physician's patient; and
(c) authorize the administration, distribution, or dispensing of a vaccine, an antiviral,
an antibiotic, or other non-controlled prescription medication to an individual who:
(i) is working in a triage situation;
(ii) is receiving preventative or medical treatment in a triage situation;
(iii) does not have coverage for the prescription in the individual's health insurance
plan;
(iv) is involved in the delivery of medical or other emergency services in response to
the declared national, state, or local emergency; or
(v) otherwise has a direct impact on public health.
(9) The Department of Health shall give notice to the division upon implementation of
the protocol established under Subsection (8).
Section 21. Section 
72-10-502
 is amended to read:
72-10-502.
Implied consent to chemical tests for alcohol or drugs -- Number of
tests -- Refusal -- Person incapable of refusal -- Results of test available -- Who may give
test -- Evidence -- Immunity from liability.
(1) (a) A person operating an aircraft in this state consents to a chemical test or tests of
the person's breath, blood, urine, or oral fluids:
(i) for the purpose of determining whether the person was operating or in actual
physical control of an aircraft while having a blood or breath alcohol content statutorily
prohibited under Section 
72-10-501
, or while under the influence of alcohol, any drug, or
combination of alcohol and any drug under Section 
72-10-501
, if the test is or tests are
administered at the direction of a peace officer having grounds to believe that person to have
been operating or in actual physical control of an aircraft in violation of Section 
72-10-501
; or
(ii) if the person operating the aircraft is involved in an accident that results in death,
serious injury, or substantial aircraft damage.
(b) (i) The peace officer determines which of the tests are administered and how many
of them are administered.
(ii) The peace officer may order any or all tests of the person's breath, blood, urine, or
oral fluids.
(iii) If an officer requests more than one test, refusal by a person to take one or more
requested tests, even though the person does submit to any other requested test or tests, is a
refusal under this section.
(c) (i) A person who has been requested under this section to submit to a chemical test
or tests of the person's breath, blood, urine, or oral fluids may not select the test or tests to be
administered.
(ii) The failure or inability of a peace officer to arrange for any specific chemical test is
not a defense to taking a test requested by a peace officer, and it is not a defense in any
criminal, civil, or administrative proceeding resulting from a person's refusal to submit to the
requested test or tests.
(2) (a) If the person has been placed under arrest and has then been requested by a
peace officer to submit to any one or more of the chemical tests provided in Subsection (1) and
refuses to submit to any chemical test, the person shall be warned by the peace officer
requesting the test that a refusal to submit to the test is admissible in civil or criminal
proceedings as provided under Subsection (8).
(b) Following this warning, unless the person immediately requests that the chemical
test offered by a peace officer be administered, a test may not be given.
(3) Any person who is dead, unconscious, or in any other condition rendering the
person incapable of refusal to submit to any chemical test or tests is considered to not have
withdrawn the consent provided for in Subsection (1), and the test or tests may be administered
whether the person has been arrested or not.
(4) Upon the request of the person who was tested, the results of the test or tests shall
be made available to that person.
(5) (a) Only the following, acting at the request of a peace officer, may draw blood to
determine its alcohol or drug content:
(i) a physician;
(ii) a registered nurse;
(iii) a licensed practical nurse;
(iv) a paramedic;
(v) as provided in Subsection (5)(b), emergency medical service personnel other than
paramedics; or
(vi) a person with a valid permit issued by the Department of Health under Section
26-1-30
.
(b) The Department of Health may designate by rule, in accordance with Title 63G,
Chapter 3, Utah Administrative Rulemaking Act, which emergency medical service personnel,
as defined in Section 
26-8a-102
, are authorized to draw blood under Subsection (5)(a)(v),
based on [
their
] 
the
 type of [
certification
] 
license
 under Section 
26-8a-302
.
(c) Subsection (5)(a) does not apply to taking a urine, breath, or oral fluid specimen.
(d) The following are immune from civil or criminal liability arising from drawing a
blood sample from a person who a peace officer has reason to believe is flying in violation of
this chapter if the sample is drawn in accordance with standard medical practice:
(i) a person authorized to draw blood under Subsection (5)(a); and
(ii) if the blood is drawn at a hospital or other medical facility, the medical facility.
(6) (a) The person to be tested may, at the person's own expense, have a physician of
the person's own choice administer a chemical test in addition to the test or tests administered
at the direction of a peace officer.
(b) The failure or inability to obtain the additional test does not affect admissibility of
the results of the test or tests taken at the direction of a peace officer, or preclude or delay the
test or tests to be taken at the direction of a peace officer.
(c) The additional test shall be subsequent to the test or tests administered at the
direction of a peace officer.
(7) For the purpose of determining whether to submit to a chemical test or tests, the
person to be tested does not have the right to consult an attorney or have an attorney, physician,
or other person present as a condition for the taking of any test.
(8) If a person under arrest refuses to submit to a chemical test or tests or any
additional test under this section, evidence of any refusal is admissible in any civil or criminal
action or proceeding arising out of acts alleged to have been committed while the person was
operating or in actual physical control of an aircraft while under the influence of alcohol, any
drug, or combination of alcohol and any drug.
(9) The results of any test taken under this section or the refusal to be tested shall be
reported to the Federal Aviation Administration by the peace officer requesting the test.
Section 22. Section 
76-5-102.7
 is amended to read:
76-5-102.7.
Assault against health care provider and emergency medical service
worker -- Penalty.
(1) A person who assaults a health care provider or emergency medical service worker
is guilty of a class A misdemeanor if:
(a) the person is not a prisoner or a person detained under Section 
77-7-15
;
(b) the person knew that the victim was a health care provider or emergency medical
service worker; and
(c) the health care provider or emergency medical service worker was performing
emergency or life saving duties within the scope of his or her authority at the time of the
assault.
(2) A person who violates Subsection (1) is guilty of a third degree felony if the
person:
(a) causes substantial bodily injury, as defined in Section 
76-1-601
; and
(b) acts intentionally or knowingly.
(3) As used in this section:
(a) "Emergency medical service worker" means a person [
certified
] 
licensed
 under
Section 
26-8a-302
.
(b) "Health care provider" means the same as that term is defined in Section
78B-3-403
.
Section 23. Section 
78A-6-209
 is amended to read:
78A-6-209.
Court records -- Inspection.
(1) The court and the probation department shall keep records as required by the board
and the presiding judge.
(2) Court records shall be open to inspection by:
(a) the parents or guardian of a child, a minor who is at least 18 years of age, other
parties in the case, the attorneys, and agencies to which custody of a minor has been
transferred;
(b) for information relating to adult offenders alleged to have committed a sexual
offense, a felony or class A misdemeanor drug offense, or an offense against the person under
Title 76, Chapter 5, Offenses Against the Person, the State Board of Education for the purpose
of evaluating whether an individual should be permitted to obtain or retain a license as an
educator or serve as an employee or volunteer in a school, with the understanding that the State
Board of Education must provide the individual with an opportunity to respond to any
information gathered from its inspection of the records before it makes a decision concerning
licensure or employment;
(c) the Criminal Investigations and Technical Services Division, established in Section
53-10-103
, for the purpose of a criminal history background check for the purchase of a firearm
and establishing good character for issuance of a concealed firearm permit as provided in
Section 
53-5-704
;
(d) the Division of Child and Family Services for the purpose of Child Protective
Services Investigations in accordance with Sections 
62A-4a-403
 and 
62A-4a-409
 and
administrative hearings in accordance with Section 
62A-4a-1009
;
(e) the Office of Licensing for the purpose of conducting a background check in
accordance with Section 
62A-2-120
;
(f) for information related to a juvenile offender who has committed a sexual offense, a
felony, or an offense that if committed by an adult would be a misdemeanor, the Department of
Health for the purpose of evaluating under the provisions of Subsection 
26-39-404
(3) whether
a licensee should be permitted to obtain or retain a license to provide child care, with the
understanding that the department must provide the individual who committed the offense with
an opportunity to respond to any information gathered from its inspection of records before it
makes a decision concerning licensure;
(g) for information related to a juvenile offender who has committed a sexual offense,
a felony, or an offense that if committed by an adult would be a misdemeanor, the Department
of Health to determine whether an individual meets the background screening requirements of
Title 26, Chapter 21, Part 2, Clearance for Direct Patient Access, with the understanding that
the department must provide the individual who committed the offense an opportunity to
respond to any information gathered from its inspection of records before it makes a decision
under that part; and
(h) for information related to a juvenile offender who has committed a sexual offense,
a felony, or an offense that if committed by an adult would be a misdemeanor, the Department
of Health to determine whether to grant, deny, or revoke background clearance under Section
26-8a-310
 for an individual who is seeking or who has obtained 
an
 emergency medical service
personnel [
certification
] 
license
 under Section 
26-8a-302
, with the understanding that the
department must provide the individual who committed the offense an opportunity to respond
to any information gathered from the department's inspection of records before it makes a
determination.
(3) With the consent of the judge, court records may be inspected by the child, by
persons having a legitimate interest in the proceedings, and by persons conducting pertinent
research studies.
(4) If a petition is filed charging a minor 14 years of age or older with an offense that
would be a felony if committed by an adult, the court shall make available to any person upon
request the petition, any adjudication or disposition orders, and the delinquency history
summary of the minor charged unless the records are closed by the court upon findings on the
record for good cause.
(5) Probation officers' records and reports of social and clinical studies are not open to
inspection, except by consent of the court, given under rules adopted by the board.
(6) (a) Any juvenile delinquency adjudication or disposition orders and the delinquency
history summary of any person charged as an adult with a felony offense shall be made
available to any person upon request.
(b) This provision does not apply to records that have been destroyed or expunged in
accordance with court rules.
(c) The court may charge a reasonable fee to cover the costs associated with retrieving
a requested record that has been archived.
Section 24. Section 
78B-8-401
 is amended to read:
78B-8-401.
Definitions.
For purposes of this chapter:
(1) "Blood or contaminated body fluids" includes blood, saliva, amniotic fluid,
pericardial fluid, peritoneal fluid, pleural fluid, synovial fluid, cerebrospinal fluid, semen, and
vaginal secretions, and any body fluid visibly contaminated with blood.
(2) "Disease" means Human Immunodeficiency Virus infection, acute or chronic
Hepatitis B infection, Hepatitis C infection, and any other infectious disease specifically
designated by the Labor Commission in consultation with the Department of Health for the
purposes of this chapter.
(3) "Emergency services provider" means:
(a) an individual [
certified
] 
licensed
 under Section 
26-8a-302
, a public safety officer,
local fire department personnel, or personnel employed by the Department of Corrections or by
a county jail, who provide prehospital emergency care for an emergency services provider
either as an employee or as a volunteer; or
(b) an individual who provides for the care, control, support, or transport of a prisoner.
(4) "First aid volunteer" means a person who provides voluntary emergency assistance
or first aid medical care to an injured person prior to the arrival of an emergency medical
services provider or public safety officer.
(5) "Prisoner" is as defined in Section 
76-5-101
.
(6) "Public safety officer" means a peace officer as defined in Title 53, Chapter 13,
Peace Officer Classifications.
(7) "Significant exposure" and "significantly exposed" mean:
(a) exposure of the body of one person to the blood or body fluids of another person
by:
(i) percutaneous injury, including a needle stick, cut with a sharp object or instrument,
or a wound resulting from a human bite, scratch, or similar force; or
(ii) contact with an open wound, mucous membrane, or nonintact skin because of a cut,
abrasion, dermatitis, or other damage; or
(b) exposure that occurs by any other method of transmission defined by the
Department of Health as a significant exposure.
Legislative Review Note
Office of Legislative Research and General Counsel