Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 393 Fourth Substitute (2019GS)

Sponsor

Rep. Eliason, S.

Final action

Governor Signed 3/28/2019

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• defines terms;
• expands the scope of suicide prevention programs in a school;
• requires the Division of Occupational and Professional Licensing, in conjunction with the Division of Substance Abuse and Mental Health, to create a suicide prevention web-accessible video;
• requires certain primary care providers to view the suicide prevention web-accessible video in order to renew a medical license;
• establishes the Survivors of Suicide Loss Account;
• establishes the Psychiatric Consultation Program Account;
• provides immunity from civil liability for an individual who provides assistance to another individual who has expressed suicide ideation or taken suicidal action; and
• makes technical changes.

Every vote on this bill

Bill text

SUICIDE PREVENTION AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Steve Eliason
Senate Sponsor: 
Don L. Ipson
LONG TITLE
General Description:
This bill relates to suicide prevention and mental health treatment.
Highlighted Provisions:
This bill:
▸ defines terms;
▸ expands the scope of suicide prevention programs in a school;
▸ requires the Division of Occupational and Professional Licensing, in conjunction
with the Division of Substance Abuse and Mental Health, to create a suicide
prevention web-accessible video;
▸ requires certain primary care providers to view the suicide prevention
web-accessible video in order to renew a medical license;
▸ establishes the Survivors of Suicide Loss Account;
▸ establishes the Psychiatric Consultation Program Account;
▸ provides immunity from civil liability for an individual who provides assistance to
another individual who has expressed suicide ideation or taken suicidal action; and
▸ makes technical changes.
Money Appropriated in this Bill:
This bill appropriates in fiscal year 2020:
▸ to General Fund Restricted -- Survivors of Suicide Loss Account, as an ongoing
appropriation:
• from General Fund, $40,000.
▸ to Department of Human Services -- Division of Substance Abuse and Mental
Health, as an ongoing appropriation:
• from General Fund -- Survivors of Suicide Loss Account, $40,000.
▸ to General Fund Restricted -- Psychiatric Consultation Program Account, as an
ongoing appropriation:
• from General Fund, $275,000.
▸ to Department of Human Services -- Division of Substance Abuse and Mental
Health, as an ongoing appropriation:
• from General Fund -- Psychiatric Consultation Program Account, $275,000.
▸ to Department of Human Services -- Division of Substance Abuse and Mental
Health, as an ongoing appropriation:
• from General Fund, $285,000.
▸ to Governor's Office -- Suicide Prevention -- Suicide Prevention, as a one-time
appropriation:
• from General Fund, One-time, $700,000.
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
53G-9-702
, as last amended by Laws of Utah 2018, Chapter 414 and renumbered and
amended by Laws of Utah 2018, Chapter 3
58-31b-305
, as last amended by Laws of Utah 2018, Third Special Session, Chapter 1
58-67-303
, as last amended by Laws of Utah 2017, Chapter 299
58-68-303
, as last amended by Laws of Utah 2017, Chapter 299
58-70a-304
, as last amended by Laws of Utah 2001, Chapter 268
ENACTS:
58-1-601
, Utah Code Annotated 1953
62A-15-1501
, Utah Code Annotated 1953
62A-15-1502
, Utah Code Annotated 1953
62A-15-1601
, Utah Code Annotated 1953
62A-15-1602
, Utah Code Annotated 1953
78B-4-516
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
53G-9-702
 is amended to read:
53G-9-702.
Youth suicide prevention programs required in secondary schools --
State Board of Education to develop model programs -- Reporting requirements.
(1) As used in the section:
(a) "Board" means the State Board of Education.
(b) "Intervention" means an effort to prevent a student from attempting suicide.
(c) "Postvention" means mental health intervention after a suicide attempt or death to
prevent or contain contagion.
(d) "Program" means a youth suicide prevention program described in Subsection (2).
(e) "Public education suicide prevention coordinator" means an individual designated
by the board as described in Subsection (3).
(f) "Secondary grades":
(i) means grades 7 through 12; and
(ii) if a middle or junior high school includes grade 6, includes grade 6.
(g) "State suicide prevention coordinator" means the state suicide prevention
coordinator described in Section 
62A-15-1101
.
(2) In collaboration with the public education suicide prevention coordinator, a school
district or charter school, in the secondary grades of the school district or charter school, shall
implement a youth suicide prevention program, which, in collaboration with the training,
programs, and initiatives described in Section 
53G-9-607
, shall include programs and training
to address:
(a) bullying and cyberbullying, as those terms are defined in Section 
53G-9-601
;
(b) prevention of youth suicide;
(c) increased risk of suicide among youth who are not accepted by family for any
reason, including lesbian, gay, bisexual, transgender, or questioning youth;
[
(c)
] 
(d)
 youth suicide intervention;
[
(d)
] 
(e)
 postvention for family, students, and faculty;
[
(e)
] 
(f)
 underage drinking of alcohol;
[
(f)
] 
(g)
 methods of strengthening the family; and
[
(g)
] 
(h)
 methods of strengthening a youth's relationships in the school and community.
(3) The board shall:
(a) designate a public education suicide prevention coordinator; and
(b) in collaboration with the Department of Heath and the state suicide prevention
coordinator, develop model programs to provide to school districts and charter schools:
(i) program training; and
(ii) resources regarding the required components described in Subsection (2)(b).
(4) The public education suicide prevention coordinator shall:
(a) oversee the youth suicide prevention programs of school districts and charter
schools;
(b) coordinate prevention and postvention programs, services, and efforts with the state
suicide prevention coordinator; and
(c) award grants in accordance with Section 
53F-5-206
.
(5) A public school suicide prevention program may allow school personnel to ask a
student questions related to youth suicide prevention, intervention, or postvention.
(6) (a) Subject to legislative appropriation, the board may distribute money to a school
district or charter school to be used to implement evidence-based practices and programs, or
emerging best practices and programs, for preventing suicide in the school district or charter
school.
(b) The board shall distribute money under Subsection (6)(a) so that each school that
enrolls students in grade 7 or a higher grade receives an allocation of at least $1,000.
(c) (i) A school shall use money allocated to the school under Subsection (6)(b) to
implement evidence-based practices and programs, or emerging best practices and programs,
for preventing suicide.
(ii) Each school may select the evidence-based practices and programs, or emerging
best practices and programs, for preventing suicide that the school implements.
(7) (a) The board shall provide a written report, and shall orally report to the
Legislature's Education Interim Committee, by the October 2015 meeting, jointly with the
public education suicide prevention coordinator and the state suicide prevention coordinator,
on:
(i) the progress of school district and charter school youth suicide prevention programs,
including rates of participation by school districts, charter schools, and students;
(ii) the board's coordination efforts with the Department of Health and the state suicide
prevention coordinator;
(iii) the public education suicide prevention coordinator's model program for training
and resources related to youth suicide prevention, intervention, and postvention;
(iv) data measuring the effectiveness of youth suicide programs;
(v) funds appropriated to each school district and charter school for youth suicide
prevention programs; and
(vi) five-year trends of youth suicides per school, school district, and charter school.
(b) School districts and charter schools shall provide to the board information that is
necessary for the board's report to the Legislature's Education Interim Committee as required in
Subsection (7)(a).
Section 2. Section 
58-1-601
 is enacted to read:
Part 6. Suicide Prevention Training for Primary Care Providers
 58-1-601.
Suicide prevention video -- Primary care providers.
(1) As used in this section:
(a) "Nurse practitioner" means an individual who is licensed to practice as an advanced
practice registered nurse under Chapter 31b, Nurse Practice Act.
(b) "Physician" means an individual licensed to practice as a physician or osteopath
under Chapter 67, Utah Medical Practice Act, or Chapter 68, Utah Osteopathic Medical
Practice Act.
(c) "Physician assistant" means an individual who is licensed to practice as a physician
assistant under Chapter 70a, Physician Assistant Act.
(d) "Primary care provider" means a nurse practitioner, physician, or physician
assistant.
(2) The division, in conjunction with the Division of Substance Abuse and Mental
Health created in Section 
62A-15-103
, shall:
(a) create a series of suicide prevention videos that:
(i) are web-accessible;
(ii) are each no longer than 20 minutes in length; and
(iii) include information about:
(A) individuals at-risk for suicide; and
(B) suicide prevention and intervention; and
(b) provide, on the division's website, educational materials or courses that relate to
suicide prevention that a primary care provider may complete at no cost and apply toward
continuing competency requirements required by division rule.
(3) The division shall, in accordance with Title 63G, Chapter 3, Utah Administrative
Rulemaking Act, make rules that establish procedures for:
(a) producing the suicide prevention videos described in Subsection (2); and
(b) providing access to the videos to each primary care provider.
Section 3. Section 
58-31b-305
 is amended to read:
58-31b-305.
Term of license -- Expiration -- Renewal.
(1) 
(a)
 The division shall issue each license or certification under this chapter in
accordance with a two-year renewal cycle established by rule.
(b)
 The division may by rule extend or shorten a renewal period by as much as one year
to stagger the renewal cycles [
it
] 
the division
 administers.
(2) The division shall renew the license of a licensee who, at the time of renewal:
(a) completes and submits an application for renewal in a form prescribed by the
division;
(b) pays a renewal fee established by the division under Section 
63J-1-504
; [
and
]
(c) views a suicide prevention video described in Section 
58-1-601
 and submits proof
in the form required by the division; and
[
(c)
] 
(d)
 meets continuing competency requirements as established by rule.
(3) In addition to the renewal requirements under Subsection (2), a person licensed as
an advanced practice registered nurse shall be currently certified by a program approved by the
division in collaboration with the board and submit evidence satisfactory to the division of that
qualification or if licensed prior to July 1, 1992, meet the requirements established by rule.
(4) In addition to the requirements described in Subsections (2) and (3), an advanced
practice registered nurse licensee specializing in psychiatric mental health nursing who, as of
the day on which the division originally issued the licensee's license had not completed the
division's clinical practice requirements in psychiatric and mental health nursing, shall, to
qualify for renewal:
(a) if renewing less than two years after the day on which the division originally issued
the license, demonstrate satisfactory progress toward completing the clinical practice
requirements; or
(b) have completed the clinical practice requirements.
(5) Each license or certification automatically expires on the expiration date shown on
the license or certification unless renewed in accordance with Section 
58-1-308
.
(6) The division shall accept and apply toward an hour requirement that the division
establishes under Subsection (2)[
(c)
]
(d)
 continuing education that an advanced practice
registered nurse completes in accordance with Section 
26-61a-106
.
Section 4. Section 
58-67-303
 is amended to read:
58-67-303.
Term of license -- Expiration -- Renewal.
(1) (a) Except as provided in Section 
58-67-302.7
, the division shall issue each license
under this chapter in accordance with a two-year renewal cycle established by division rule.
(b) The division may by rule extend or shorten a renewal period by as much as one year
to stagger the renewal cycles [
it
] 
the division
 administers.
(2) At the time of renewal, the licensee shall [
show compliance with
]:
(a) view a suicide prevention video described in Section 
58-1-601
 and submit proof in
the form required by the division;
[
(a)
] 
(b) show compliance with
 continuing education renewal requirements; and
[
(b)
] 
(c) show compliance with
 the requirement for designation of a contact person and
alternate contact person for access to medical records and notice to patients as required by
Subsections 
58-67-304
(1)(b) and (c).
(3) Each license issued under this chapter expires on the expiration date shown on the
license unless renewed in accordance with Section 
58-1-308
.
(4) An individual may not be licensed as an associate physician for more than a total of
four years.
Section 5. Section 
58-68-303
 is amended to read:
58-68-303.
Term of license -- Expiration -- Renewal.
(1) (a) The division shall issue each license under this chapter in accordance with a
two-year renewal cycle established by division rule.
(b) The division may by rule extend or shorten a renewal period by as much as one year
to stagger the renewal cycles [
it
] 
the division
 administers.
(2) At the time of renewal, the licensee shall [
show compliance with
]:
(a) view a suicide prevention video described in Section 
58-1-601
 and submit proof in
the form required by the division;
[
(a)
] 
(b) show compliance with
 continuing education renewal requirements; and
[
(b)
] 
(c) show compliance with
 the requirement for designation of a contact person and
alternate contact person for access to medical records and notice to patients as required by
Subsections 
58-68-304
(1)(b) and (c).
(3) Each license issued under this chapter expires on the expiration date shown on the
license unless renewed in accordance with Section 
58-1-308
.
(4) An individual may not be licensed as an associate physician for more than a total of
four years.
Section 6. Section 
58-70a-304
 is amended to read:
58-70a-304.
License renewal -- Continuing education.
(1) Prior to license renewal, each licensee shall, during each two-year licensure cycle or
other cycle defined by division rule[
,
]
:
(a) view a suicide prevention video described in Section 
58-1-601
 and submit proof in
the form required by the division; and
(b)
 complete qualified continuing professional education requirements as defined by
division rule made in collaboration with the board.
(2) If a renewal period is extended or shortened under Section 
58-70a-303
, the
continuing education hours required for license renewal under this section are increased or
decreased proportionally.
Section 7. Section 
62A-15-1501
 is enacted to read:
Part 15. Survivors of Suicide Loss Program
 62A-15-1501.
Definitions.
As used in this part:
(1) "Account" means the Survivors of Suicide Loss Account created in Section
62A-15-1502
.
(2) "Relative" means father, mother, husband, wife, son, daughter, sister, brother,
grandfather, grandmother, uncle, aunt, nephew, niece, grandson, granddaughter, first cousin,
mother-in-law, father-in-law, brother-in-law, sister-in-law, son-in-law, or daughter-in-law.
Section 8. Section 
62A-15-1502
 is enacted to read:
 62A-15-1502.
Survivors of Suicide Loss Account.
(1) There is created a restricted account within the General Fund known as the
"Survivors of Suicide Loss Account."
(2) The division shall administer the account in accordance with this part.
(3) The account shall consist of:
(a) money appropriated to the account by the Legislature; and
(b) interest earned on money in the account.
(4) Upon appropriation, the division shall award grants from the account to:
(a) a relative, legal guardian, or cohabitant of an individual who dies by suicide as
reimbursement for costs incurred by the relative, legal guardian, or cohabitant for mental health
treatment or therapy as a result of the suicide; and
(b) a person who provides, for no or minimal cost:
(i) clean-up of property affected or damaged by an individual's suicide, as
reimbursement for the costs incurred for the clean-up; and
(ii) bereavement services to a relative, legal guardian, or cohabitant of an individual
who dies by suicide.
(5) The division shall establish a grant application and review process for the
expenditure of money from the account.
(6) The grant application and review process shall describe:
(a) requirements to complete the grant application;
(b) requirements for receiving funding;
(c) criteria for the approval of a grant application; and
(d) support offered by the division to complete a grant application.
(7) Upon receipt of a grant application, the division shall:
(a) review the grant application for completeness;
(b) make a determination regarding the grant application;
(c) inform the grant applicant of the division's determination regarding the grant
application; and
(d) if approved, award grants from the account to the grant applicant.
(8) Before November 30 of each year, the division shall report to the Health and
Human Services Interim Committee regarding the status of the account and expenditures made
from the account.
Section 9. Section 
62A-15-1601
 is enacted to read:
Part 16. Psychiatric Consultation Program
 62A-15-1601.
Definitions.
As used in this part:
(1) "Account" means the Psychiatric Consultation Program Account created in Section
62A-15-1602
.
(2) "Health care facility" means a facility that provides licensed health care programs
and services and employs at least two psychiatrists, at least one of whom is a child psychiatrist.
(3) "Nurse practitioner" means an individual who is licensed to practice as an advanced
practice registered nurse under Title 58, Chapter 31b, Nurse Practice Act.
(4) "Physician" means an individual licensed to practice as a physician or osteopath
under Title 58, Chapter 67, Utah Medical Practice Act, or Title 58, Chapter 68, Utah
Osteopathic Medical Practice Act.
(5) "Physician assistant" means an individual who is licensed to practice as a physician
assistant under Title 58, Chapter 70a, Physician Assistant Act.
(6) "Primary care provider" means a nurse practitioner, physician, or physician
assistant.
(7) "Psychiatrist" means an individual who:
(a) is licensed as a physician under Title 58, Chapter 67, Utah Medical Practice Act, or
Title 58, Chapter 68, Utah Osteopathic Medical Practice Act; and
(b) is board eligible for a psychiatry specialization recognized by the American Board
of Medical Specialists or the American Osteopathic Association's Bureau of Osteopathic
Specialists.
(8) "Telehealth psychiatric consultation" means a consultation regarding a patient's
mental health care, including diagnostic clarification, medication adjustment, or treatment
planning, between a primary care provider and a psychiatrist that is completed through the use
of electronic or telephonic communication.
Section 10. Section 
62A-15-1602
 is enacted to read:
 62A-15-1602.
Psychiatric Consultation Program Account.
(1) There is created a restricted account within the General Fund known as the
"Psychiatric Consultation Program Account."
(2) The division shall administer the account in accordance with this part.
(3) The account shall consist of:
(a) money appropriated to the account by the Legislature; and
(b) interest earned on money in the account.
(4) Upon appropriation, the division shall award grants from the account to one or
more health care facilities to implement a program that provides a primary care provider access
to a telehealth psychiatric consultation when evaluating a patient for or providing a patient
mental health treatment.
(5) The division may award and distribute grant money to a health care facility only if
the health care facility:
(a) is located in the state; and
(b) submits an application in accordance with Subsection (6).
(6) An application for a grant under this section shall include:
(a) the number of psychiatrists employed by the health care facility;
(b) the health care facility's plan to implement the telehealth psychiatric consultation
program described in Subsection (4);
(c) the estimated cost to implement the telehealth psychiatric consultation program
described in Subsection (4);
(d) any plan to use one or more funding sources in addition to a grant under this section
to implement the telehealth psychiatric consultation program described in Subsection (4);
(e) the amount of grant money requested to fund the telehealth psychiatric consultation
program described in Subsection (4); and
(f) any existing or planned contract or partnership between the health care facility and
another person to implement the telehealth psychiatric consultation program described in
Subsection (4).
(7) A health care facility that receives grant money under this section shall file a report
with the division before October 1 of each year that details for the immediately preceding
calendar year:
(a) the type and effectiveness of each service provided in the telehealth psychiatric
program;
(b) the utilization of the telehealth psychiatric program based on metrics or categories
determined by the division;
(c) the total amount expended from the grant money; and
(d) the intended use for grant money that has not been expended.
(8) Before November 30 of each year, the division shall report to the Health and
Human Services Interim Committee regarding:
(a) the status of the account and expenditures made from the account; and
(b) a summary of any report provided to the division under Subsection (7).
Section 11. Section 
78B-4-516
 is enacted to read:
 78B-4-516.
Immunity for providing assistance in a suicide emergency.
(1) As used in this section:
(a) "Emergency care" means assistance or advice offered to avoid, mitigate, or attempt
to mitigate the effects of a suicide emergency.
(b) "Suicide emergency" means an occurrence that reasonably indicates an individual is
at risk of dying or attempting to die by suicide.
(2) A person who provides emergency care at or near the scene of, or during, a suicide
emergency, gratuitously and in good faith, is not liable for any civil damages or penalties as a
result of any act or omission by the person providing the emergency care, unless the person is
grossly negligent or caused the suicide emergency.
Section 12. 
Appropriation.
The following sums of money are appropriated for the fiscal year beginning on July 1,
2019, and ending June 30, 2020. These are additions to amounts previously appropriated for
fiscal year 2020.
Subsection (12)(a). 
Restricted Fund and Account Transfers.
The Legislature authorizes the Division of Finance to transfer the following amounts
between the following funds or accounts as indicated. Expenditures and outlays from the funds
to which the money is transferred must be authorized by an appropriation.
ITEM 1
To General Fund Restricted -- Survivors of Suicide Loss Account
From General Fund
$40,000
Schedule of Programs:
General Fund Restricted -- Survivors of Suicide
Loss Account
$40,000
ITEM 2
To General Fund Restricted -- Psychiatric Consultation Program Account
From General Fund
$275,000
Schedule of Programs:
General Fund Restricted -- Psychiatric Consultation
Program Account
$275,000
Subsection (12)(b). 
Operating and Capital Budgets.
Under the terms and conditions of Title 63J, Chapter 1, Budgetary Procedures Act, the
Legislature appropriates the following sums of money from the funds or accounts indicated for
the use and support of the government of the state of Utah.
ITEM 3
To Department of Human Services -- Division of Substance
Abuse and Mental Health
From General Fund Restricted -- Survivors of Suicide Loss Account
$40,000
Schedule of Programs:
Community Mental Health Services
$40,000
The Legislature intends that under Section 
63J-1-603
, appropriations provided under
this item not lapse at the close of fiscal year 2020 and the use of any nonlapsing funds is
limited to the purpose described under Section 
62A-15-1502
.
ITEM 4
To Department of Human Services -- Division of Substance Abuse and Mental Health
From General Fund Restricted -- Psychiatric Consultation
Program Account
$275,000
Schedule of Programs:
Community Mental Health Services
$275,000
The Legislature intends that under Section 
63J-1-603
, appropriations provided under
this item not lapse at the close of fiscal year 2020 and the use of any nonlapsing funds is
limited to the purpose described under Section 
62A-15-1602
.
ITEM 5
To Department of Human Services -- Division of Substance Abuse and Mental Health
From General Fund
$285,000
Schedule of Programs:
Community Mental Health Services $285,000
The Legislature intends that:
(1) appropriations provided under this item be used for suicide prevention,
intervention, and postvention, including:
(a) suicide prevention and intervention training and education for health care providers
and individuals in the community;
(b) development of suicide prevention resources and tools and delivery of the resources
and tools to individuals in the community; and
(c) providing postvention support and information relating to coping and problem
solving skills to individuals in the community impacted by suicide loss; and
(2) under Section 
63J-1-603
, appropriations provided under this item not lapse at the
close of fiscal year 2020 and the use of any nonlapsing funds is limited to the purpose
described under this item.
ITEM 6
To Governor's Office -- Suicide Prevention
From General Fund, One-time
$700,000
Schedule of Programs:
Suicide Prevention
$700,000
The Legislature intends that:
(1) subject to Subsection (2) of this item, the appropriations provided under this item
be used to award grants under Section 
62A-15-1103
;
(2) the amount of appropriations under this item used to award grants under Section
62A-15-1103
 may not exceed the total amount of private gifts, grants, and bequests of personal
property made to the Governor's Suicide Prevention Fund under Section 
62A-15-1103
 after
October 31, 2018; and
(3) subject to Section 
63J-1-603
, appropriations provided under this item not lapse at
the close of fiscal year 2020 and the use of any nonlapsing funds is, subject to Subsection (2) of
this item, limited to the purpose described in Subsection (1) of this item.