Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 14 (2018GS)

Sponsor

Rep. Hutchings, E.

Final action

Governor Signed 3/20/2018

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• makes remuneration for the referral of an individual for substance use disorder treatment a class A misdemeanor;
• specifies permissible exceptions;
• defines terms; and
• makes technical changes.

Every vote on this bill

Bill text

SUBSTANCE ABUSE TREATMENT FACILITY PATIENT
BROKERING
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Eric K. Hutchings
Senate Sponsor: 
Gene Davis
LONG TITLE
General Description:
This bill makes remuneration for the referral of an individual for substance use disorder
treatment an unlawful act.
Highlighted Provisions:
This bill:
▸ makes remuneration for the referral of an individual for substance use disorder
treatment a class A misdemeanor;
▸ specifies permissible exceptions;
▸ defines terms; and
▸ makes technical changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
26-36a-103
, as last amended by Laws of Utah 2013, Chapter 32
26-36b-103
, as enacted by Laws of Utah 2016, Chapter 279
62A-2-101
, as last amended by Laws of Utah 2017, Chapters 29, 148, and 209
62A-2-116
, as last amended by Laws of Utah 2016, Chapter 211
63G-2-305
, as last amended by Laws of Utah 2017, Chapters 374, 382, and 415
77-7a-104
, as last amended by Laws of Utah 2017, Chapter 415
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
26-36a-103
 is amended to read:
26-36a-103.
Definitions.
As used in this chapter:
(1) "Accountable care organization" means a managed care organization, as defined in
42 C.F.R. Sec. 438, that contracts with the department under the provisions of Section
26-18-405
.
(2) "Assessment" means the Medicaid hospital provider assessment established by this
chapter.
(3) "Discharges" means the number of total hospital discharges reported on worksheet
S-3 Part I, column 15, lines 12, 14, and 14.01 of the 2552-96 Medicare Cost Report or on
Worksheet S-3 Part I, column 15, lines 14, 16, and 17 of the 2552-10 Medicare Cost Report for
the applicable assessment year.
(4) "Division" means the Division of Health Care Financing of the department.
(5) "Hospital":
(a) means a privately owned:
(i) general acute hospital operating in the state as defined in Section 
26-21-2
; and
(ii) specialty hospital operating in the state, which shall include a privately owned
hospital whose inpatient admissions are predominantly:
(A) rehabilitation;
(B) psychiatric;
(C) chemical dependency; or
(D) long-term acute care services; and
(b) does not include:
(i) [
a residential care or treatment facility
] 
a human services program,
 as defined in
Section 
62A-2-101
;
(ii) a hospital owned by the federal government, including the Veterans Administration
Hospital; or
(iii) a hospital that is owned by the state government, a state agency, or a political
subdivision of the state, including:
(A) a state-owned teaching hospital; and
(B) the Utah State Hospital.
(6) "Medicare cost report" means CMS-2552-96 or CMS-2552-10, the cost report for
electronic filing of hospitals.
(7) "State plan amendment" means a change or update to the state Medicaid plan.
Section 2. Section 
26-36b-103
 is amended to read:
26-36b-103.
Definitions.
As used in this chapter:
(1) "Assessment" means the inpatient hospital assessment established by this chapter.
(2) "CMS" means the same as that term is defined in Section 
26-18-411
.
(3) "Discharges" means the number of total hospital discharges reported on:
(a) Worksheet S-3 Part I, column 15, lines 14, 16, and 17 of the 2552-10 Medicare cost
report for the applicable assessment year; or
(b) a similar report adopted by the department by administrative rule, if the report
under Subsection (3)(a) is no longer available.
(4) "Division" means the Division of Health Care Financing within the department.
(5) "Medicare cost report" means CMS-2552-10, the cost report for electronic filing of
hospitals.
(6) "Non-state government hospital":
(a) means a hospital owned by a non-state government entity; and
(b) does not include:
(i) the Utah State Hospital; or
(ii) a hospital owned by the federal government, including the Veterans Administration
Hospital.
(7) "Private hospital":
(a) means:
(i) a privately owned general acute hospital operating in the state as defined in Section
26-21-2
; and
(ii) a privately owned specialty hospital operating in the state, which shall include a
privately owned hospital whose inpatient admissions are predominantly:
(A) rehabilitation;
(B) psychiatric;
(C) chemical dependency; or
(D) long-term acute care services; and
(b) does not include a [
residential care or treatment facility
] 
human services program,
as defined in Section 
62A-2-101
.
(8) "State teaching hospital" means a state owned teaching hospital that is part of an
institution of higher education.
Section 3. Section 
62A-2-101
 is amended to read:
62A-2-101.
Definitions.
As used in this chapter:
(1) "Adult day care" means nonresidential care and supervision:
(a) for three or more adults for at least four but less than 24 hours a day; and
(b) that meets the needs of functionally impaired adults through a comprehensive
program that provides a variety of health, social, recreational, and related support services in a
protective setting.
(2) "Applicant" means a person who applies for an initial license or a license renewal
under this chapter.
(3) (a) "Associated with the licensee" means that an individual is:
(i) affiliated with a licensee as an owner, director, member of the governing body,
employee, agent, provider of care, department contractor, or volunteer; or
(ii) applying to become affiliated with a licensee in a capacity described in Subsection
(3)(a)(i).
(b) "Associated with the licensee" does not include:
(i) service on the following bodies, unless that service includes direct access to a child
or a vulnerable adult:
(A) a local mental health authority described in Section 
17-43-301
;
(B) a local substance abuse authority described in Section 
17-43-201
; or
(C) a board of an organization operating under a contract to provide mental health or
substance abuse programs, or services for the local mental health authority or substance abuse
authority; or
(ii) a guest or visitor whose access to a child or a vulnerable adult is directly supervised
at all times.
(4) (a) "Boarding school" means a private school that:
(i) uses a regionally accredited education program;
(ii) provides a residence to the school's students:
(A) for the purpose of enabling the school's students to attend classes at the school; and
(B) as an ancillary service to educating the students at the school;
(iii) has the primary purpose of providing the school's students with an education, as
defined in Subsection (4)(b)(i); and
(iv) (A) does not provide the treatment or services described in Subsection [
(29)
]
(33)
(a); or
(B) provides the treatment or services described in Subsection [
(29)
] 
(33)
(a) on a
limited basis, as described in Subsection (4)(b)(ii).
(b) (i) For purposes of Subsection (4)(a)(iii), "education" means a course of study for
one or more of grades kindergarten through 12th grade.
(ii) For purposes of Subsection (4)(a)(iv)(B), a private school provides the treatment or
services described in Subsection [
(29)
] 
(33)
(a) on a limited basis if:
(A) the treatment or services described in Subsection [
(29)
] 
(33)
(a) are provided only
as an incidental service to a student; and
(B) the school does not:
(I) specifically solicit a student for the purpose of providing the treatment or services
described in Subsection [
(29)
] 
(33)
(a); or
(II) have a primary purpose of providing the treatment or services described in
Subsection [
(29)
] 
(33)
(a).
(c) "Boarding school" does not include a therapeutic school.
(5) "Child" means a person under 18 years of age.
(6) "Child placing" means receiving, accepting, or providing custody or care for any
child, temporarily or permanently, for the purpose of:
(a) finding a person to adopt the child;
(b) placing the child in a home for adoption; or
(c) foster home placement.
(7) "Child-placing agency" means a person that engages in child placing.
(8) "Client" means an individual who receives or has received services from a licensee.
(9) "Day treatment" means specialized treatment that is provided to:
(a) a client less than 24 hours a day; and
(b) four or more persons who:
(i) are unrelated to the owner or provider; and
(ii) have emotional, psychological, developmental, physical, or behavioral
dysfunctions, impairments, or chemical dependencies.
(10) "Department" means the Department of Human Services.
(11) "Department contractor" means an individual who:
(a) provides services under a contract with the department; and
(b) due to the contract with the department, has or will likely have direct access to a
child or vulnerable adult.
(12) "Direct access" means that an individual has, or likely will have:
(a) contact with or access to a child or vulnerable adult that provides the individual
with an opportunity for personal communication or touch; or
(b) an opportunity to view medical, financial, or other confidential personal identifying
information of the child, the child's parents or legal guardians, or the vulnerable adult.
(13) "Directly supervised" means that an individual is being supervised under the
uninterrupted visual and auditory surveillance of another individual who has a current
background screening approval issued by the office.
(14) "Director" means the director of the Office of Licensing.
(15) "Domestic violence" means the same as that term is defined in Section 
77-36-1
.
(16) "Domestic violence treatment program" means a nonresidential program designed
to provide psychological treatment and educational services to perpetrators and victims of
domestic violence.
(17) "Elder adult" means a person 65 years of age or older.
(18) "Executive director" means the executive director of the department.
(19) "Foster home" means a residence that is licensed or certified by the Office of
Licensing for the full-time substitute care of a child.
(20) "Health benefit plan" means the same as that term is defined in Section
31A-22-619.6
.
(21) "Health care provider" means the same as that term is defined in Section
78B-3-403
.
(22) "Health insurer" means the same as that term is defined in Section 
31A-22-615.5
.
[
(20)
] 
(23)
 (a) "Human services program" means a:
(i) foster home;
(ii) therapeutic school;
(iii) youth program;
(iv) resource family home;
(v) recovery residence; or
(vi) facility or program that provides:
(A) secure treatment;
(B) inpatient treatment;
(C) residential treatment;
(D) residential support;
(E) adult day care;
(F) day treatment;
(G) outpatient treatment;
(H) domestic violence treatment;
(I) child-placing services;
(J) social detoxification; or
(K) any other human services that are required by contract with the department to be
licensed with the department.
(b) "Human services program" does not include a boarding school.
[
(21)
] 
(24)
 "Indian child" means the same as that term is defined in 25 U.S.C. Sec.
1903.
[
(22)
] 
(25)
 "Indian country" means the same as that term is defined in 18 U.S.C. Sec.
1151.
[
(23)
] 
(26)
 "Indian tribe" means the same as that term is defined in 25 U.S.C. Sec.
1903.
[
(24)
] 
(27)
 "Licensee" means an individual or a human services program licensed by
the office.
[
(25)
] 
(28)
 "Local government" means a city, town, metro township, or county.
[
(26)
] 
(29)
 "Minor" has the same meaning as "child."
[
(27)
] 
(30)
 "Office" means the Office of Licensing within the Department of Human
Services.
[
(28)
] 
(31)
 "Outpatient treatment" means individual, family, or group therapy or
counseling designed to improve and enhance social or psychological functioning for those
whose physical and emotional status allows them to continue functioning in their usual living
environment.
(32) "Practice group" or "group practice" means two or more health care providers
legally organized as a partnership, professional corporation, or similar association, for which:
(a) substantially all of the services of the health care providers who are members of the
group are provided through the group and are billed in the name of the group and amounts
received are treated as receipts of the group; and
(b) the overhead expenses of and the income from the practice are distributed in
accordance with methods previously determined by members of the group.
[
(29)
] 
(33)
 (a) "Recovery residence" means a home, residence, or facility that meets at
least two of the following requirements:
(i) provides a supervised living environment for individuals recovering from a
substance [
abuse
] 
use
 disorder;
(ii) provides a living environment in which more than half of the individuals in the
residence are recovering from a substance [
abuse
] 
use
 disorder;
(iii) provides or arranges for residents to receive services related to their recovery from
a substance [
abuse
] 
use
 disorder, either on or off site;
(iv) is held out as a living environment in which individuals recovering from substance
abuse
 disorders live together to encourage continued sobriety; or
(v) (A) receives public funding; or
(B) is run as a business venture, either for-profit or not-for-profit.
(b) "Recovery residence" does not mean:
(i) a residential treatment program;
(ii) residential support; or
(iii) a home, residence, or facility, in which:
(A) residents, by their majority vote, establish, implement, and enforce policies
governing the living environment, including the manner in which applications for residence are
approved and the manner in which residents are expelled;
(B) residents equitably share rent and housing-related expenses; and
(C) a landlord, owner, or operator does not receive compensation, other than fair
market rental income, for establishing, implementing, or enforcing policies governing the
living environment.
[
(30)
] 
(34)
 "Regular business hours" means:
(a) the hours during which services of any kind are provided to a client; or
(b) the hours during which a client is present at the facility of a licensee.
[
(31)
] 
(35)
 (a) "Residential support" means arranging for or providing the necessities of
life as a protective service to individuals or families who have a disability or who are
experiencing a dislocation or emergency that prevents them from providing these services for
themselves or their families.
(b) "Residential support" includes providing a supervised living environment for
persons with dysfunctions or impairments that are:
(i) emotional;
(ii) psychological;
(iii) developmental; or
(iv) behavioral.
(c) Treatment is not a necessary component of residential support.
(d) "Residential support" does not include:
(i) a recovery residence; or
(ii) residential services that are performed:
(A) exclusively under contract with the Division of Services for People with
Disabilities; or
(B) in a facility that serves fewer than four individuals.
[
(32)
] 
(36)
 (a) "Residential treatment" means a 24-hour group living environment for
four or more individuals unrelated to the owner or provider that offers room or board and
specialized treatment, behavior modification, rehabilitation, discipline, emotional growth, or
habilitation services for persons with emotional, psychological, developmental, or behavioral
dysfunctions, impairments, or chemical dependencies.
(b) "Residential treatment" does not include a:
(i) boarding school;
(ii) foster home; or
(iii) recovery residence.
[
(33)
] 
(37)
 "Residential treatment program" means a human services program that
provides:
(a) residential treatment; or
(b) secure treatment.
[
(34)
] 
(38)
 (a) "Secure treatment" means 24-hour specialized residential treatment or
care for persons whose current functioning is such that they cannot live independently or in a
less restrictive environment.
(b) "Secure treatment" differs from residential treatment to the extent that it requires
intensive supervision, locked doors, and other security measures that are imposed on residents
with neither their consent nor control.
[
(35)
] 
(39)
 "Social detoxification" means short-term residential services for persons
who are experiencing or have recently experienced drug or alcohol intoxication, that are
provided outside of a health care facility licensed under Title 26, Chapter 21, Health Care
Facility Licensing and Inspection Act, and that include:
(a) room and board for persons who are unrelated to the owner or manager of the
facility;
(b) specialized rehabilitation to acquire sobriety; and
(c) aftercare services.
(40) "Substance abuse disorder" or "substance use disorder" mean the same as
"substance use disorder" is defined in Section 
62A-15-1202
.
[
(36)
] 
(41)
 "Substance abuse treatment program" 
or "substance use disorder treatment
program"
 means a program:
(a) designed to provide:
(i) specialized drug or alcohol treatment;
(ii) rehabilitation; or
(iii) habilitation services; and
(b) that provides the treatment or services described in Subsection [
(36)
] 
(40)
(a) to
persons with:
(i) a diagnosed substance [
abuse
] 
use
 disorder; or
(ii) chemical dependency disorder.
[
(37)
] 
(42)
 "Therapeutic school" means a residential group living facility:
(a) for four or more individuals that are not related to:
(i) the owner of the facility; or
(ii) the primary service provider of the facility;
(b) that serves students who have a history of failing to function:
(i) at home;
(ii) in a public school; or
(iii) in a nonresidential private school; and
(c) that offers:
(i) room and board; and
(ii) an academic education integrated with:
(A) specialized structure and supervision; or
(B) services or treatment related to:
(I) a disability;
(II) emotional development;
(III) behavioral development;
(IV) familial development; or
(V) social development.
[
(38)
] 
(43)
 "Unrelated persons" means persons other than parents, legal guardians,
grandparents, brothers, sisters, uncles, or aunts.
[
(39)
] 
(44)
 "Vulnerable adult" means an elder adult or an adult who has a temporary or
permanent mental or physical impairment that substantially affects the person's ability to:
(a) provide personal protection;
(b) provide necessities such as food, shelter, clothing, or mental or other health care;
(c) obtain services necessary for health, safety, or welfare;
(d) carry out the activities of daily living;
(e) manage the adult's own resources; or
(f) comprehend the nature and consequences of remaining in a situation of abuse,
neglect, or exploitation.
[
(40)
] 
(45)
 (a) "Youth program" means a nonresidential program designed to provide
behavioral, substance abuse, or mental health services to minors that:
(i) serves adjudicated or nonadjudicated youth;
(ii) charges a fee for its services;
(iii) may or may not provide host homes or other arrangements for overnight
accommodation of the youth;
(iv) may or may not provide all or part of its services in the outdoors;
(v) may or may not limit or censor access to parents or guardians; and
(vi) prohibits or restricts a minor's ability to leave the program at any time of the
minor's own free will.
(b) "Youth program" does not include recreational programs such as Boy Scouts, Girl
Scouts, 4-H, and other such organizations.
Section 4. Section 
62A-2-116
 is amended to read:
62A-2-116.
Violation -- Criminal penalties.
(1) (a) A person who owns, establishes, conducts, maintains, manages, or operates a
human services program in violation of this chapter is guilty of a class A misdemeanor if the
violation endangers or harms the health, welfare, or safety of persons participating in that
program.
(b) Conviction in a criminal proceeding does not preclude the office from:
(i) assessing a civil penalty or an administrative penalty;
(ii) denying, placing conditions on, suspending, or revoking a license; or
(iii) seeking injunctive or equitable relief.
(2) Any person that violates a provision of this chapter, lawful orders of the office, or
rules adopted under this chapter may be assessed a penalty not to exceed the sum of $10,000
per violation, in:
(a) a judicial civil proceeding; or
(b) an administrative action in accordance with Title 63G, Chapter 4, Administrative
Procedures Act.
(3) Assessment of a judicial penalty or an administrative penalty does not preclude the
office from:
(a) seeking criminal penalties;
(b) denying, placing conditions on, suspending, or revoking a license; or
(c) seeking injunctive or equitable relief.
(4) The office may assess the human services program the cost incurred by the office in
placing a monitor.
(5) Notwithstanding Subsection (1)(a) and subject to Subsections (1)(b) and (2), an
individual is guilty of a class A misdemeanor if the individual knowingly and willfully offers,
pays, promises to pay, solicits, or receives any remuneration, including any commission, bonus,
kickback, bribe, or rebate, directly or indirectly, overtly or covertly, in cash or in kind, or
engages in any split-fee arrangement in return for:
(a) referring an individual to a person for the furnishing or arranging for the furnishing
of any item or service for the treatment of a substance use disorder; or
(b) receiving a referred individual for the furnishing or arranging for the furnishing of
any item or service for the treatment of a substance use disorder.
(6) Subsection (5) does not prohibit:
(a) any discount, payment, waiver of payment, or payment practice not prohibited by
U.S.C. Sec. 1320a-7(b) or regulations made under 42 U.S.C. Sec. 1320a-7(b);
(b) patient referrals within a practice group;
(c) payments by a health insurer who reimburses, provides, offers to provide, or
administers health, mental health, or substance use disorder goods or services under a health
benefit plan;
(d) payments to or by a health care provider, practice group, or substance use disorder
treatment program that has contracted with a local mental health authority, a local substance
abuse authority, a health insurer, a health care purchasing group, or the Medicare or Medicaid
program to provide health, mental health, or substance use disorder goods or services under a
health benefit plan when the payments are for goods or services under the plan; or
(e) payments by a health care provider, practice group, or substance use disorder
treatment program to a health, mental health, or substance use disorder information service that
provides information upon request and without charge to consumers about providers of health
care goods or services to enable consumers to select appropriate providers or facilities, if the
information service:
(i) does not attempt through standard questions for solicitation of consumer criteria or
through any other means to steer or lead a consumer to select or consider selection of a
particular health care provider, practice group, or substance use disorder treatment program;
(ii) does not provide or represent that the information service provides diagnostic or
counseling services or assessments of illness or injury and does not make any promises of cure
or guarantees of treatment; and
(iii) charges and collects fees from a health care provider, practice group, or substance
use disorder treatment program participating in information services that are set in advance, are
consistent with the fair market value for those information services, and are not based on the
potential value of a patient or patients to a health care provider, practice group, or substance
use disorder treatment program of the goods or services provided by the health care provider,
practice group, or substance use disorder treatment program.
Section 5. Section 
63G-2-305
 is amended to read:
63G-2-305.
Protected records.
The following records are protected if properly classified by a governmental entity:
(1) trade secrets as defined in Section 
13-24-2
 if the person submitting the trade secret
has provided the governmental entity with the information specified in Section 
63G-2-309
;
(2) commercial information or nonindividual financial information obtained from a
person if:
(a) disclosure of the information could reasonably be expected to result in unfair
competitive injury to the person submitting the information or would impair the ability of the
governmental entity to obtain necessary information in the future;
(b) the person submitting the information has a greater interest in prohibiting access
than the public in obtaining access; and
(c) the person submitting the information has provided the governmental entity with
the information specified in Section 
63G-2-309
;
(3) commercial or financial information acquired or prepared by a governmental entity
to the extent that disclosure would lead to financial speculations in currencies, securities, or
commodities that will interfere with a planned transaction by the governmental entity or cause
substantial financial injury to the governmental entity or state economy;
(4) records, the disclosure of which could cause commercial injury to, or confer a
competitive advantage upon a potential or actual competitor of, a commercial project entity as
defined in Subsection 
11-13-103
(4);
(5) test questions and answers to be used in future license, certification, registration,
employment, or academic examinations;
(6) records, the disclosure of which would impair governmental procurement
proceedings or give an unfair advantage to any person proposing to enter into a contract or
agreement with a governmental entity, except, subject to Subsections (1) and (2), that this
Subsection (6) does not restrict the right of a person to have access to, after the contract or
grant has been awarded and signed by all parties, a bid, proposal, application, or other
information submitted to or by a governmental entity in response to:
(a) an invitation for bids;
(b) a request for proposals;
(c) a request for quotes;
(d) a grant; or
(e) other similar document;
(7) information submitted to or by a governmental entity in response to a request for
information, except, subject to Subsections (1) and (2), that this Subsection (7) does not restrict
the right of a person to have access to the information, after:
(a) a contract directly relating to the subject of the request for information has been
awarded and signed by all parties; or
(b) (i) a final determination is made not to enter into a contract that relates to the
subject of the request for information; and
(ii) at least two years have passed after the day on which the request for information is
issued;
(8) records that would identify real property or the appraisal or estimated value of real
or personal property, including intellectual property, under consideration for public acquisition
before any rights to the property are acquired unless:
(a) public interest in obtaining access to the information is greater than or equal to the
governmental entity's need to acquire the property on the best terms possible;
(b) the information has already been disclosed to persons not employed by or under a
duty of confidentiality to the entity;
(c) in the case of records that would identify property, potential sellers of the described
property have already learned of the governmental entity's plans to acquire the property;
(d) in the case of records that would identify the appraisal or estimated value of
property, the potential sellers have already learned of the governmental entity's estimated value
of the property; or
(e) the property under consideration for public acquisition is a single family residence
and the governmental entity seeking to acquire the property has initiated negotiations to acquire
the property as required under Section 
78B-6-505
;
(9) records prepared in contemplation of sale, exchange, lease, rental, or other
compensated transaction of real or personal property including intellectual property, which, if
disclosed prior to completion of the transaction, would reveal the appraisal or estimated value
of the subject property, unless:
(a) the public interest in access is greater than or equal to the interests in restricting
access, including the governmental entity's interest in maximizing the financial benefit of the
transaction; or
(b) when prepared by or on behalf of a governmental entity, appraisals or estimates of
the value of the subject property have already been disclosed to persons not employed by or
under a duty of confidentiality to the entity;
(10) records created or maintained for civil, criminal, or administrative enforcement
purposes or audit purposes, or for discipline, licensing, certification, or registration purposes, if
release of the records:
(a) reasonably could be expected to interfere with investigations undertaken for
enforcement, discipline, licensing, certification, or registration purposes;
(b) reasonably could be expected to interfere with audits, disciplinary, or enforcement
proceedings;
(c) would create a danger of depriving a person of a right to a fair trial or impartial
hearing;
(d) reasonably could be expected to disclose the identity of a source who is not
generally known outside of government and, in the case of a record compiled in the course of
an investigation, disclose information furnished by a source not generally known outside of
government if disclosure would compromise the source; or
(e) reasonably could be expected to disclose investigative or audit techniques,
procedures, policies, or orders not generally known outside of government if disclosure would
interfere with enforcement or audit efforts;
(11) records the disclosure of which would jeopardize the life or safety of an
individual;
(12) records the disclosure of which would jeopardize the security of governmental
property, governmental programs, or governmental recordkeeping systems from damage, theft,
or other appropriation or use contrary to law or public policy;
(13) records that, if disclosed, would jeopardize the security or safety of a correctional
facility, or records relating to incarceration, treatment, probation, or parole, that would interfere
with the control and supervision of an offender's incarceration, treatment, probation, or parole;
(14) records that, if disclosed, would reveal recommendations made to the Board of
Pardons and Parole by an employee of or contractor for the Department of Corrections, the
Board of Pardons and Parole, or the Department of Human Services that are based on the
employee's or contractor's supervision, diagnosis, or treatment of any person within the board's
jurisdiction;
(15) records and audit workpapers that identify audit, collection, and operational
procedures and methods used by the State Tax Commission, if disclosure would interfere with
audits or collections;
(16) records of a governmental audit agency relating to an ongoing or planned audit
until the final audit is released;
(17) records that are subject to the attorney client privilege;
(18) records prepared for or by an attorney, consultant, surety, indemnitor, insurer,
employee, or agent of a governmental entity for, or in anticipation of, litigation or a judicial,
quasi-judicial, or administrative proceeding;
(19) (a) (i) personal files of a state legislator, including personal correspondence to or
from a member of the Legislature; and
(ii) notwithstanding Subsection (19)(a)(i), correspondence that gives notice of
legislative action or policy may not be classified as protected under this section; and
(b) (i) an internal communication that is part of the deliberative process in connection
with the preparation of legislation between:
(A) members of a legislative body;
(B) a member of a legislative body and a member of the legislative body's staff; or
(C) members of a legislative body's staff; and
(ii) notwithstanding Subsection (19)(b)(i), a communication that gives notice of
legislative action or policy may not be classified as protected under this section;
(20) (a) records in the custody or control of the Office of Legislative Research and
General Counsel, that, if disclosed, would reveal a particular legislator's contemplated
legislation or contemplated course of action before the legislator has elected to support the
legislation or course of action, or made the legislation or course of action public; and
(b) notwithstanding Subsection (20)(a), the form to request legislation submitted to the
Office of Legislative Research and General Counsel is a public document unless a legislator
asks that the records requesting the legislation be maintained as protected records until such
time as the legislator elects to make the legislation or course of action public;
(21) research requests from legislators to the Office of Legislative Research and
General Counsel or the Office of the Legislative Fiscal Analyst and research findings prepared
in response to these requests;
(22) drafts, unless otherwise classified as public;
(23) records concerning a governmental entity's strategy about:
(a) collective bargaining; or
(b) imminent or pending litigation;
(24) records of investigations of loss occurrences and analyses of loss occurrences that
may be covered by the Risk Management Fund, the Employers' Reinsurance Fund, the
Uninsured Employers' Fund, or similar divisions in other governmental entities;
(25) records, other than personnel evaluations, that contain a personal recommendation
concerning an individual if disclosure would constitute a clearly unwarranted invasion of
personal privacy, or disclosure is not in the public interest;
(26) records that reveal the location of historic, prehistoric, paleontological, or
biological resources that if known would jeopardize the security of those resources or of
valuable historic, scientific, educational, or cultural information;
(27) records of independent state agencies if the disclosure of the records would
conflict with the fiduciary obligations of the agency;
(28) records of an institution within the state system of higher education defined in
Section 
53B-1-102
 regarding tenure evaluations, appointments, applications for admissions,
retention decisions, and promotions, which could be properly discussed in a meeting closed in
accordance with Title 52, Chapter 4, Open and Public Meetings Act, provided that records of
the final decisions about tenure, appointments, retention, promotions, or those students
admitted, may not be classified as protected under this section;
(29) records of the governor's office, including budget recommendations, legislative
proposals, and policy statements, that if disclosed would reveal the governor's contemplated
policies or contemplated courses of action before the governor has implemented or rejected
those policies or courses of action or made them public;
(30) records of the Office of the Legislative Fiscal Analyst relating to budget analysis,
revenue estimates, and fiscal notes of proposed legislation before issuance of the final
recommendations in these areas;
(31) records provided by the United States or by a government entity outside the state
that are given to the governmental entity with a requirement that they be managed as protected
records if the providing entity certifies that the record would not be subject to public disclosure
if retained by it;
(32) transcripts, minutes, or reports of the closed portion of a meeting of a public body
except as provided in Section 
52-4-206
;
(33) records that would reveal the contents of settlement negotiations but not including
final settlements or empirical data to the extent that they are not otherwise exempt from
disclosure;
(34) memoranda prepared by staff and used in the decision-making process by an
administrative law judge, a member of the Board of Pardons and Parole, or a member of any
other body charged by law with performing a quasi-judicial function;
(35) records that would reveal negotiations regarding assistance or incentives offered
by or requested from a governmental entity for the purpose of encouraging a person to expand
or locate a business in Utah, but only if disclosure would result in actual economic harm to the
person or place the governmental entity at a competitive disadvantage, but this section may not
be used to restrict access to a record evidencing a final contract;
(36) materials to which access must be limited for purposes of securing or maintaining
the governmental entity's proprietary protection of intellectual property rights including patents,
copyrights, and trade secrets;
(37) the name of a donor or a prospective donor to a governmental entity, including an
institution within the state system of higher education defined in Section 
53B-1-102
, and other
information concerning the donation that could reasonably be expected to reveal the identity of
the donor, provided that:
(a) the donor requests anonymity in writing;
(b) any terms, conditions, restrictions, or privileges relating to the donation may not be
classified protected by the governmental entity under this Subsection (37); and
(c) except for an institution within the state system of higher education defined in
Section 
53B-1-102
, the governmental unit to which the donation is made is primarily engaged
in educational, charitable, or artistic endeavors, and has no regulatory or legislative authority
over the donor, a member of the donor's immediate family, or any entity owned or controlled
by the donor or the donor's immediate family;
(38) accident reports, except as provided in Sections 
41-6a-404
, 
41-12a-202
, and
73-18-13
;
(39) a notification of workers' compensation insurance coverage described in Section
34A-2-205
;
(40) (a) the following records of an institution within the state system of higher
education defined in Section 
53B-1-102
, which have been developed, discovered, disclosed to,
or received by or on behalf of faculty, staff, employees, or students of the institution:
(i) unpublished lecture notes;
(ii) unpublished notes, data, and information:
(A) relating to research; and
(B) of:
(I) the institution within the state system of higher education defined in Section
53B-1-102
; or
(II) a sponsor of sponsored research;
(iii) unpublished manuscripts;
(iv) creative works in process;
(v) scholarly correspondence; and
(vi) confidential information contained in research proposals;
(b) Subsection (40)(a) may not be construed to prohibit disclosure of public
information required pursuant to Subsection 
53B-16-302
(2)(a) or (b); and
(c) Subsection (40)(a) may not be construed to affect the ownership of a record;
(41) (a) records in the custody or control of the Office of Legislative Auditor General
that would reveal the name of a particular legislator who requests a legislative audit prior to the
date that audit is completed and made public; and
(b) notwithstanding Subsection (41)(a), a request for a legislative audit submitted to the
Office of the Legislative Auditor General is a public document unless the legislator asks that
the records in the custody or control of the Office of Legislative Auditor General that would
reveal the name of a particular legislator who requests a legislative audit be maintained as
protected records until the audit is completed and made public;
(42) records that provide detail as to the location of an explosive, including a map or
other document that indicates the location of:
(a) a production facility; or
(b) a magazine;
(43) information:
(a) contained in the statewide database of the Division of Aging and Adult Services
created by Section 
62A-3-311.1
; or
(b) received or maintained in relation to the Identity Theft Reporting Information
System (IRIS) established under Section 
67-5-22
;
(44) information contained in the Management Information System and Licensing
Information System described in Title 62A, Chapter 4a, Child and Family Services;
(45) information regarding National Guard operations or activities in support of the
National Guard's federal mission;
(46) records provided by any pawn or secondhand business to a law enforcement
agency or to the central database in compliance with Title 13, Chapter 32a, Pawnshop and
Secondhand Merchandise Transaction Information Act;
(47) information regarding food security, risk, and vulnerability assessments performed
by the Department of Agriculture and Food;
(48) except to the extent that the record is exempt from this chapter pursuant to Section
63G-2-106
, records related to an emergency plan or program, a copy of which is provided to or
prepared or maintained by the Division of Emergency Management, and the disclosure of
which would jeopardize:
(a) the safety of the general public; or
(b) the security of:
(i) governmental property;
(ii) governmental programs; or
(iii) the property of a private person who provides the Division of Emergency
Management information;
(49) records of the Department of Agriculture and Food that provides for the
identification, tracing, or control of livestock diseases, including any program established under
Title 4, Chapter 24, Utah Livestock Brand and Anti-Theft Act, or Title 4, Chapter 31, Control
of Animal Disease;
(50) as provided in Section 
26-39-501
:
(a) information or records held by the Department of Health related to a complaint
regarding a child care program or residential child care which the department is unable to
substantiate; and
(b) information or records related to a complaint received by the Department of Health
from an anonymous complainant regarding a child care program or residential child care;
(51) unless otherwise classified as public under Section 
63G-2-301
 and except as
provided under Section 
41-1a-116
, an individual's home address, home telephone number, or
personal mobile phone number, if:
(a) the individual is required to provide the information in order to comply with a law,
ordinance, rule, or order of a government entity; and
(b) the subject of the record has a reasonable expectation that this information will be
kept confidential due to:
(i) the nature of the law, ordinance, rule, or order; and
(ii) the individual complying with the law, ordinance, rule, or order;
(52) the name, home address, work addresses, and telephone numbers of an individual
that is engaged in, or that provides goods or services for, medical or scientific research that is:
(a) conducted within the state system of higher education, as defined in Section
53B-1-102
; and
(b) conducted using animals;
(53) an initial proposal under Title 63N, Chapter 13, Part 2, Government Procurement
Private Proposal Program, to the extent not made public by rules made under that chapter;
(54) in accordance with Section 
78A-12-203
, any record of the Judicial Performance
Evaluation Commission concerning an individual commissioner's vote on whether or not to
recommend that the voters retain a judge including information disclosed under Subsection
78A-12-203
(5)(e);
(55) information collected and a report prepared by the Judicial Performance
Evaluation Commission concerning a judge, unless Section 
20A-7-702
 or Title 78A, Chapter
12, Judicial Performance Evaluation Commission Act, requires disclosure of, or makes public,
the information or report;
(56) records contained in the Management Information System created in Section
62A-4a-1003
;
(57) records provided or received by the Public Lands Policy Coordinating Office in
furtherance of any contract or other agreement made in accordance with Section 
63J-4-603
;
(58) information requested by and provided to the 911 Division under Section
63H-7a-302
;
(59) in accordance with Section 
73-10-33
:
(a) a management plan for a water conveyance facility in the possession of the Division
of Water Resources or the Board of Water Resources; or
(b) an outline of an emergency response plan in possession of the state or a county or
municipality;
(60) the following records in the custody or control of the Office of Inspector General
of Medicaid Services, created in Section 
63A-13-201
:
(a) records that would disclose information relating to allegations of personal
misconduct, gross mismanagement, or illegal activity of a person if the information or
allegation cannot be corroborated by the Office of Inspector General of Medicaid Services
through other documents or evidence, and the records relating to the allegation are not relied
upon by the Office of Inspector General of Medicaid Services in preparing a final investigation
report or final audit report;
(b) records and audit workpapers to the extent they would disclose the identity of a
person who, during the course of an investigation or audit, communicated the existence of any
Medicaid fraud, waste, or abuse, or a violation or suspected violation of a law, rule, or
regulation adopted under the laws of this state, a political subdivision of the state, or any
recognized entity of the United States, if the information was disclosed on the condition that
the identity of the person be protected;
(c) before the time that an investigation or audit is completed and the final
investigation or final audit report is released, records or drafts circulated to a person who is not
an employee or head of a governmental entity for the person's response or information;
(d) records that would disclose an outline or part of any investigation, audit survey
plan, or audit program; or
(e) requests for an investigation or audit, if disclosure would risk circumvention of an
investigation or audit;
(61) records that reveal methods used by the Office of Inspector General of Medicaid
Services, the fraud unit, or the Department of Health, to discover Medicaid fraud, waste, or
abuse;
(62) information provided to the Department of Health or the Division of Occupational
and Professional Licensing under Subsection 
58-68-304
(3) or (4);
(63) a record described in Section 
63G-12-210
;
(64) captured plate data that is obtained through an automatic license plate reader
system used by a governmental entity as authorized in Section 
41-6a-2003
;
(65) any record in the custody of the Utah Office for Victims of Crime relating to a
victim, including:
(a) a victim's application or request for benefits;
(b) a victim's receipt or denial of benefits; and
(c) any administrative notes or records made or created for the purpose of, or used to,
evaluate or communicate a victim's eligibility for or denial of benefits from the Crime Victim
Reparations Fund;
(66) an audio or video recording created by a body-worn camera, as that term is
defined in Section 
77-7a-103
, that records sound or images inside a hospital or health care
facility as those terms are defined in Section 
78B-3-403
, inside a clinic of a health care
provider, as that term is defined in Section 
78B-3-403
, or inside a human service program as
that term is defined in [
Subsection 
62A-2-101
(19)(a)(vi)
] 
Section 
62A-2-101
, except for
recordings that:
(a) depict the commission of an alleged crime;
(b) record any encounter between a law enforcement officer and a person that results in
death or bodily injury, or includes an instance when an officer fires a weapon;
(c) record any encounter that is the subject of a complaint or a legal proceeding against
a law enforcement officer or law enforcement agency;
(d) contain an officer involved critical incident as defined in Subsection
76-2-408
(1)(d); or
(e) have been requested for reclassification as a public record by a subject or
authorized agent of a subject featured in the recording; and 
(67) a record pertaining to the search process for a president of an institution of higher
education described in Section 
53B-2-102
, except for application materials for a publicly
announced finalist.
Section 6. Section 
77-7a-104
 is amended to read:
77-7a-104.
Activation and use of body-worn cameras.
(1) An officer using a body-worn camera shall verify that the equipment is properly
functioning as is reasonably within the officer's ability.
(2) An officer shall report any malfunctioning equipment to the officer's supervisor if:
(a) the body-worn camera issued to the officer is not functioning properly upon initial
inspection; or
(b) an officer determines that the officer's body-worn camera is not functioning
properly at any time while the officer is on duty.
(3) An officer shall wear the body-worn camera so that it is clearly visible to the person
being recorded.
(4) An officer shall activate the body-worn camera prior to any law enforcement
encounter, or as soon as reasonably possible.
(5) An officer shall record in an uninterrupted manner until after the conclusion of a
law enforcement encounter, except as an interruption of a recording is allowed under this
section.
(6) When going on duty and off duty, an officer who is issued a body-worn camera
shall record the officer's name, identification number, and the current time and date, unless the
information is already available due to the functionality of the body-worn camera.
(7) If a body-worn camera was present during a law enforcement encounter, the officer
shall document the presence of the body-worn camera in any report or other official record of a
contact.
(8) When a body-worn camera has been activated, the officer may not deactivate the
body-worn camera until the officer's direct participation in the law enforcement encounter is
complete, except as provided in Subsection (9).
(9) An officer may deactivate a body-worn camera:
(a) to consult with a supervisor or another officer;
(b) during a significant period of inactivity; and
(c) during a conversation with a sensitive victim of crime, a witness of a crime, or an
individual who wishes to report or discuss criminal activity if:
(i) the individual who is the subject of the recording requests that the officer deactivate
the officer's body-worn camera; and
(ii) the officer believes that the value of the information outweighs the value of the
potential recording and records the request by the individual to deactivate the body-worn
camera.
(10) If an officer deactivates a body-worn camera, the officer shall document the
reason for deactivating a body-worn camera in a written report.
(11) (a) For purposes of this Subsection (11):
(i) "Health care facility" means the same as that term is defined in Section 
78B-3-403
.
(ii) "Health care provider" means the same as that term is defined in Section
78B-3-403
.
(iii) "Hospital" means the same as that term is defined in Section 
78B-3-403
.
(iv) "Human service program" means the same as that term is defined in [
Subsection
62A-2-101
(20)(a)(vi)
] 
Section 
62A-2-101
.
(b) An officer may not activate a body-worn camera in a hospital, health care facility,
human service program, or the clinic of a health care provider, except during a law
enforcement encounter, and with notice under Section 
77-7a-105
.