Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 52 (2018GS)

Sponsor

Rep. Daw, B.

Final action

Governor Signed 3/15/2018

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• repeals reporting requirements for certain reports to the Health and Human Services Interim Committee, the Social Services Appropriations Subcommittee, or both committees;
• extends a reporting deadline;
• creates future repeal dates for certain other reports to the Health and Human Services Interim Committee, the Social Services Appropriations Subcommittee, or both committees; and
• makes technical changes.

Every vote on this bill

Bill text

HEALTH AND HUMAN SERVICES REPORTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Brad M. Daw
Senate Sponsor: 
Lincoln Fillmore
LONG TITLE
General Description:
This bill addresses statutorily required reports related to health and human services
topics.
Highlighted Provisions:
This bill:
▸ repeals reporting requirements for certain reports to the Health and Human Services
Interim Committee, the Social Services Appropriations Subcommittee, or both
committees;
▸ extends a reporting deadline;
▸ creates future repeal dates for certain other reports to the Health and Human
Services Interim Committee, the Social Services Appropriations Subcommittee, or
both committees; and
▸ makes technical changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
26-55-108
, as enacted by Laws of Utah 2017, Chapter 228
62A-4a-1008
, as last amended by Laws of Utah 2017, Chapter 231
62A-15-1101
, as last amended by Laws of Utah 2017, Chapters 296 and 346
63I-2-226
, as last amended by Laws of Utah 2017, Chapters 126, 155, 413, and 419
63I-2-249
, as enacted by Laws of Utah 2015, Chapter 455
63I-2-258
, as last amended by Laws of Utah 2015, Chapters 258 and 266
63I-2-262
, as last amended by Laws of Utah 2017, Chapter 330
63I-2-263
, as last amended by Laws of Utah 2017, First Special Session, Chapter 1
63I-2-276
, as renumbered and amended by Laws of Utah 2008, Chapter 382
63I-2-278
, as last amended by Laws of Utah 2015, Chapter 217
ENACTS:
63I-2-251
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
26-55-108
 is amended to read:
26-55-108.
Coprescription guidelines.
(1) As used in this section:
(a) "Controlled substance prescriber" means the same as that term is defined in Section
58-37-6.5
.
(b) "Coprescribe" means to issue a prescription for an opiate antagonist with a
prescription for an opiate.
(2) The department shall, in consultation with the Physicians Licensing Board created
in Section 
58-67-201
, the Osteopathic Physician and Surgeon's Licensing Board created in
Section 
58-68-201
, and the Department of Occupational and Professional Licensing created in
Section 
58-1-103
, establish by rule, made in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act, scientifically based guidelines for controlled substance
prescribers to coprescribe an opiate antagonist to a patient.
[
(3) The department shall report to the Health and Human Services Interim Committee
before October 30, 2017, regarding the guidelines established under Subsection (2).
]
[
(4) The report described in Subsection (3) shall include:
]
[
(a) established rules regarding the coprescription of an opiate antagonist to a patient;
and
]
[
(b) an analysis of:
]
[
(i) the application of the rules; and
]
[
(ii) the impact of the rules.
]
Section 2. Section 
62A-4a-1008
 is amended to read:
62A-4a-1008.
Time frames for deletion or expungement of specified information
or reports.
(1) The division shall delete any reference in the Management Information System or
Licensing Information System to:
(a) a report that is determined by the division to be without merit, if no subsequent
report involving the same alleged perpetrator has occurred within one year; or
(b) a report that is determined by a court of competent jurisdiction to be
unsubstantiated or without merit, if no subsequent report involving the same alleged
perpetrator has occurred within five years.
(2) The division shall maintain a separation of reports as follows:
(a) those that are supported;
(b) those that are unsupported;
(c) those that are without merit;
(d) those that are unsubstantiated under the law in effect before May 6, 2002;
(e) those that are substantiated under the law in effect before May 6, 2002; and
(f) those that are consented-to supported findings under Subsection
62A-4a-1005
(3)(a)(iii).
(3) On or before May 1, 2018, the division shall make rules, in accordance with Title
63G, Chapter 3, Utah Administrative Rulemaking Act, for the expungement of supported
reports or unsupported reports in the Management Information System and the Licensing
Information System.
[
(4) On or before November 1, 2017, the division director shall report to the Health and
Human Services Interim Committee on the progress that the division is making toward the
development and adoption of the administrative rules required under this section.
]
[
(5)
] 
(4)
 The rules described in Subsection (3) shall:
(a) in relation to an unsupported report or a supported report, identify the types of child
abuse or neglect reports that:
(i) the division shall expunge within five years after the last date on which the
individual's name was placed in the information system, without requiring the subject of the
report to request expungement;
(ii) the division shall expunge within 10 years after the last date on which the
individual's name was placed in the information system, without requiring the subject of the
report to request expungement;
(iii) the division may expunge following an individual's request for expungement; and
(iv) the division may not expunge due to the serious nature of the specified types of
child abuse or neglect;
(b) establish an administrative process and a standard of review for the subject of a
report to make an expungement request; and
(c) define the term "expunge" or "expungement" to clarify the administrative process
for removing a record from the information system. 
[
(6)
] 
(5)
 If an individual's name is in the information system for a type of child abuse or
neglect report identified under Subsection [
(5)
] 
(4)
(a)(iii), the individual may request to have
the report expunged 10 years after the last date on which the individual's name was placed in
the information system for a supported or unsupported report.
[
(7)
] 
(6)
 If an individual's expungement request is denied, the individual shall wait at
least one year after the issuance of the denial before the individual may again request to have
the individual's report expunged.
[
(8)
] 
(7)
 Only persons with statutory authority may access the information contained in
any of the reports identified in Subsection (2).
Section 3. Section 
62A-15-1101
 is amended to read:
62A-15-1101.
Suicide prevention -- Reporting requirements.
(1) As used in the section:
(a) "Bureau" means the Bureau of Criminal Identification created in Section 
53-10-201
within the Department of Public Safety.
(b) "Division" means the Division of Substance Abuse and Mental Health.
(c) "Intervention" means an effort to prevent a person from attempting suicide.
(d) "Postvention" means mental health intervention after a suicide attempt or death to
prevent or contain contagion.
(e) "State suicide prevention coordinator" means an individual designated by the
division as described in Subsections (2) and (3).
(2) The division shall appoint a state suicide prevention coordinator to administer a
state suicide prevention program composed of suicide prevention, intervention, and postvention
programs, services, and efforts.
(3) The state suicide prevention program may include the following components:
(a) delivery of resources, tools, and training to community-based coalitions;
(b) evidence-based suicide risk assessment tools and training;
(c) town hall meetings for building community-based suicide prevention strategies;
(d) suicide prevention gatekeeper training;
(e) training to identify warning signs and to manage an at-risk individual's crisis;
(f) evidence-based intervention training;
(g) intervention skills training; and
(h) postvention training.
(4) The state suicide prevention coordinator shall coordinate with the following to
gather statistics, among other duties:
(a) local mental health and substance abuse authorities;
(b) the State Board of Education, including the public education suicide prevention
coordinator described in Section 
53A-15-1301
;
(c) the Department of Health;
(d) health care providers, including emergency rooms;
(e) federal agencies, including the Federal Bureau of Investigation;
(f) other unbiased sources; and
(g) other public health suicide prevention efforts.
(5) The state suicide prevention coordinator shall provide a written report to the Health
and Human Services Interim Committee, by the October meeting every year, on:
(a) implementation of the state suicide prevention program, as described in Subsections
(2) and (3);
(b) data measuring the effectiveness of each component of the state suicide prevention
program;
(c) funds appropriated for each component of the state suicide prevention program; and
(d) five-year trends of suicides in Utah, including subgroups of youths and adults and
other subgroups identified by the state suicide prevention coordinator.
(6) The state suicide prevention coordinator shall report to the Legislature's[
:(a) 
Education Interim Committee, by the October 2015 meeting, jointly with the State Board of
Education, on the coordination of suicide prevention programs and efforts with the State Board
of Education and the public education suicide prevention coordinator as described in Section
53A-15-1301
; and (b)
] Health and Human Services Interim Committee, by the October [
]
 meeting, statistics on the number of annual suicides in Utah, including how many
suicides were committed with a gun, and if so:
[
(i)
] 
(a)
 where the victim procured the gun and if the gun was legally possessed by the
victim;
[
(ii)
] 
(b)
 if the victim purchased the gun legally and whether a background check was
performed before the victim purchased the gun;
[
(iii)
] 
(c)
 whether the victim had a history of mental illness or was under the treatment
of a mental health professional;
[
(iv)
] 
(d)
 whether any medication or illegal drugs or alcohol were also involved in the
suicide; and
[
(v)
] 
(e)
 if the suicide incident also involved the injury or death of another individual,
whether the shooter had a history of domestic violence.
(7) The state suicide prevention coordinator shall consult with the bureau to implement
and manage the operation of a firearm safety program, as described in Subsection
53-10-202
(18), Section 
53-10-202.1
, and the Suicide Prevention Education Program described
in Section 
53-10-202.3
.
(8) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
division shall make rules:
(a) governing the implementation of the state suicide prevention program, consistent
with this section; and
(b) in conjunction with the bureau, defining the criteria for employers to apply for
grants under the Suicide Prevention Education Program in Section 
53-10-202.3
, which shall
include:
(i) attendance at a suicide prevention education course; and
(ii) display of posters and distribution of the firearm safety brochures or packets
created in Subsection 
53-10-202
(18)(a)(iii), but does not require the distribution of a
cable-style gun lock with a firearm if the firearm already has a trigger lock or comparable
safety mechanism.
[
(9) The state suicide prevention coordinator shall present to the Health and Human
Services Interim Committee, no later than November 2017, a 10-year statewide suicide
prevention plan.
]
[
(10)
] 
(9)
 As funding by the Legislature allows, the state suicide prevention coordinator
shall award grants, not to exceed a total of $100,000 per fiscal year, to suicide prevention
programs that focus on the needs of children who have been served by the Division of Juvenile
Justice Services.
Section 4. Section 
63I-2-226
 is amended to read:
63I-2-226.
Repeal dates -- Title 26.
(1) Subsection 
26-7-8
(3) is repealed January 1, 2027.
(2) Subsection 
26-7-9
(5) is repealed January 1, 2019.
[
(1)
] 
(3)
 Section 
26-8a-107
 is repealed July 1, 2019.
(4) Subsection 
26-8a-203
(3)(a)(i) is repealed January 1, 2023.
[
(2)
] 
(5)
 Subsections 
26-10-12
(2) and (4) are repealed July 1, 2017. 
(6) Subsection 
26-18-2.3
(5) is repealed January 1, 2020.
(7) Subsection 
26-18-2.4
(3)(e) is repealed January 1, 2023.
(8) Subsection 
26-18-408
(6) is repealed January 2, 2019.
(9) Subsection 
26-18-410
(5) is repealed January 1, 2026.
(10) Subsection 
26-18-411
(5) is repealed January 1, 2023.
(11) Subsection 
26-18-604
(2) is repealed January 1, 2020.
(12) Subsection 
26-21-28
(2)(b) is repealed January 1, 2021.
(13) Subsection 
26-33a-106.1
(2)(a) is repealed January 1, 2023.
(14) Subsection 
26-33a-106.5
(6)(c)(iii) is repealed January 1, 2020.
[
(3)
] 
(15)
 Title 26, Chapter 46, Utah Health Care Workforce Financial Assistance
Program, is repealed July 1, 2027.
(16) Subsection 
26-50-202
(7)(b) is repealed January 1, 2020.
(17) Subsections 
26-54-103
(6)(d)(ii) and (iii) are repealed January 1, 2020.
(18) Subsection 
26-55-107
(8) is repealed January 1, 2021.
(19) Subsection 
26-56-103
(9)(d) is repealed January 1, 2020.
[
(4)
] 
(20)
 Title 26, Chapter 59, Telehealth Pilot Program, is repealed January 1, 2020.
(21) Subsection 
26-61-202
(4)(b) is repealed January 1, 2022.
(22) Subsection 
26-61-202
(5) is repealed January 1, 2022.
Section 5. Section 
63I-2-249
 is amended to read:
63I-2-249.
Repeal dates -- Title 49.
(1) Section 
49-20-106
 is repealed January 1, 2021.
(2)
 Section 
49-20-412
 is repealed January 1, 2016.
(3) Subsection 
49-20-417
(5)(b) is repealed January 1, 2020.
Section 6. Section 
63I-2-251
 is enacted to read:
 63I-2-251.
Repeal dates -- Title 51.
Subsection 
51-9-203
(3) is repealed January 1, 2023.
Section 7. Section 
63I-2-258
 is amended to read:
63I-2-258.
Repeal dates -- Title 58.
Subsection 
58-37f-303
(7) is repealed January 1, 2019.
Section 8. Section 
63I-2-262
 is amended to read:
63I-2-262.
Repeal dates, Title 62A.
(1)
 Section 
62A-1-111.5
 is repealed July 1, 2018.
(2) Subsection 
62A-5-103.1
(6) is repealed January 1, 2023.
(3) Subsection 
62A-15-1101
(6) is repealed January 1, 2019.
(4) Section 
62A-15-1102
 is repealed January 1, 2019.
Section 9. Section 
63I-2-263
 is amended to read:
63I-2-263.
Repeal dates, Title 63A to Title 63N.
(1) Section 
63A-5-227
 is repealed on January 1, 2018.
(2) Section 
63H-7a-303
 is repealed on July 1, 2022.
(3) On July 1, 2019:
(a) in Subsection 
63J-1-206
(3)(c)(i), the language that states "(i) Except as provided in
Subsection (3)(c)(ii)" is repealed; and
(b) Subsection 
63J-1-206
(3)(c)(ii) is repealed.
(4) Section 
63J-4-708
 is repealed January 1, 2023.
[
(4)
] 
(5)
 Subsection 
63N-3-109
(2)(f)(i)(B) is repealed July 1, 2020.
[
(5)
] 
(6)
 Section 
63N-3-110
 is repealed July 1, 2020.
Section 10. Section 
63I-2-276
 is amended to read:
63I-2-276.
Repeal dates -- Title 76.
Section 
76-7-305.7
 is repealed January 1, 2023.
Section 11. Section 
63I-2-278
 is amended to read:
63I-2-278.
Repeal dates, Title 78A and Title 78B.
(1)
 Title 78B, Chapter 3, Part 9, Expedited Jury Trial Act, is repealed January 1, 2017.
(2) Subsection 
78B-6-144
(5) is repealed January 1, 2019.