Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 398 Third Substitute (2019GS)

Sponsor

Rep. Daw, B.

Final action

Governor Signed 3/26/2019

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• defines terms;
• modifies provisions requiring a county jail and the Department of Corrections to report certain information to the Commission on Criminal and Juvenile Justice regarding an inmate's death;
• modifies provisions relating to licensing of a practitioner who dispenses certain opiate agonists;
• requires the Commission on Criminal and Juvenile Justice to convene a committee to study certain health care and other services provided to inmates in a correctional facility; and
• makes technical changes.

Every vote on this bill

Bill text

SUBSTANCE USE AND HEALTH CARE AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Brad M. Daw
Senate Sponsor: 
Todd Weiler
LONG TITLE
General Description:
This bill modifies and enacts provisions relating to substance use, mental health
treatment, and health care.
Highlighted Provisions:
This bill:
▸ defines terms;
▸ modifies provisions requiring a county jail and the Department of Corrections to
report certain information to the Commission on Criminal and Juvenile Justice
regarding an inmate's death;
▸ modifies provisions relating to licensing of a practitioner who dispenses certain
opiate agonists;
▸ requires the Commission on Criminal and Juvenile Justice to convene a committee
to study certain health care and other services provided to inmates in a correctional
facility; and
▸ makes technical changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
17-22-32
, as enacted by Laws of Utah 2018, Chapter 437
63I-1-263
, as last amended by Laws of Utah 2018, Chapters 85, 144, 182, 261, 321,
338, 340, 347, 369, 428, 430, and 469
64-13-45
, as enacted by Laws of Utah 2018, Chapter 437
ENACTS:
58-17b-309.7
, Utah Code Annotated 1953
63M-7-211
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
17-22-32
 is amended to read:
17-22-32.
County jail reporting requirements.
(1) As used in this section:
(a) (i) "In-custody death" means an inmate death that occurs while the inmate is in the
custody of a county jail.
(ii) "In-custody death" includes an inmate death that occurs while the inmate is:
(A) being transported for medical care; or
(B) receiving medical care outside of a county jail.
(b) "Inmate" means an individual who is processed or booked into custody or housed in
a county jail in the state.
(c) "Opiate" means the same as that term is defined in Section 
58-37-2
.
(2) [
So that the state may oversee the inmate health care system, a
] 
A
 county jail shall
submit a report to the Commission on Criminal and Juvenile Justice, created in Section
63M-7-201
, before [
August 1
] 
June 15
 of each year that includes:
(a) the number of in-custody deaths that occurred during the preceding calendar year;
(b) the known, or discoverable on reasonable inquiry, causes and contributing factors
of each of the in-custody deaths described in Subsection (2)(a);
(c) the county jail's policy for notifying an inmate's next of kin after the inmate's
in-custody death;
(d) the county jail policies, procedures, and protocols:
(i) for treatment of an inmate experiencing withdrawal from alcohol or substance use,
including use of opiates; [
and
]
(ii) [
relating
] 
that relate
 to the county jail's provision, or lack of provision, of
medications used to treat, mitigate, or address an inmate's symptoms of withdrawal, including
methadone and all forms of buprenorphine and naltrexone; and
(iii) that relate to screening, assessment, and treatment of an inmate for a substance use
or mental health disorder; and
(e) any report the county jail provides or is required to provide under federal law or
regulation relating to inmate deaths.
(3) The Commission on Criminal and Juvenile Justice shall:
(a) compile the information from the reports described in Subsection (2);
(b) omit or redact any identifying information of an inmate in the compilation to the
extent omission or redaction is necessary to comply with state and federal law ; and
(c) submit the compilation to the Law Enforcement and Criminal Justice Interim
Committee and the Utah Substance Use and Mental Health Advisory Council before November
1 of each year.
(4) The Commission on Criminal and Juvenile Justice may not provide access to or use
a county jail's policies, procedures, or protocols submitted under this section in a manner or for
a purpose not described in this section.
Section 2. Section 
58-17b-309.7
 is enacted to read:
 58-17b-309.7.
Exemptions from licensure -- Opioid treatment program.
(1) As used in this section:
(a) "Dispense" means to prepare, package, or label for subsequent use.
(b) "Nurse practitioner" means an individual who is licensed to practice as an advanced
practice registered nurse under Chapter 31b, Nurse Practice Act.
(c) "Opioid treatment program" means a program or practitioner that is:
(i) engaged in opioid treatment of an individual using an opiate agonist medication;
(ii) registered under 21 U.S.C. Sec. 823(g)(1);
(iii) licensed by the Office of Licensing, within the Department of Human Services,
created in Section 
62A-2-103
; and
(iv) certified by the Substance Abuse and Mental Health Services Administration in
accordance with 42 C.F.R. 8.11.
(d) "Physician" means an individual licensed to practice as a physician or osteopath in
this state under Chapter 67, Utah Medical Practice Act, or Chapter 68, Utah Osteopathic
Medical Practice Act.
(e) "Physician assistant" means an individual who is licensed to practice as a physician
assistant under Chapter 70a, Physician Assistant Act.
(f) "Practitioner" means a nurse practitioner, physician's assistant, or a registered nurse.
(g) "Registered nurse" means the same as that term is defined in Section 
78B-3-403
.
(2) A practitioner may dispense methadone at an opioid treatment program regardless
of whether the practitioner is licensed to dispense methadone under this chapter if the
practitioner:
(a) is operating under the direction of a pharmacist;
(b) dispenses the methadone under the direction of a pharmacist; and
(c) acts in accordance with division rule.
(3) The division shall, in consultation with pharmacies, physicians, and practitioners
who work in an opioid treatment program, make rules in accordance with Title 63G, Chapter 3,
Utah Administrative Rulemaking Act, to establish guidelines under which a practitioner may
dispense methadone to a patient in an opioid treatment program under this section.
Section 3. Section 
63I-1-263
 is amended to read:
63I-1-263.
Repeal dates, Titles 63A to 63N.
(1) Subsection 
63A-5-104
(4)(h) is repealed on July 1, 2024.
(2) Section 
63A-5-603
, State Facility Energy Efficiency Fund, is repealed July 1, 2023.
(3) Title 63C, Chapter 4a, Constitutional and Federalism Defense Act, is repealed July
1, 2028.
(4) Title 63C, Chapter 4b, Commission for the Stewardship of Public Lands, is
repealed November 30, 2019.
(5) Title 63C, Chapter 16, Prison Development Commission Act, is repealed July 1,
2020.
(6) Title 63C, Chapter 17, Point of the Mountain Development Commission Act, is
repealed July 1, 2021.
(7) Title 63C, Chapter 18, Mental Health Crisis Line Commission, is repealed July 1,
2023.
(8) Title 63G, Chapter 21, Agreements to Provide State Services, is repealed July 1,
2025.
(9) Title 63H, Chapter 4, Heber Valley Historic Railroad Authority, is repealed July 1,
2020.
(10) Title 63H, Chapter 8, Utah Housing Corporation Act, is repealed July 1, 2026.
(11) Section 
63M-7-211
 is repealed on December 31, 2019.
[
(11)
] 
(12)
 On July 1, 2025:
(a) in Subsection 
17-27a-404
(3)(c)(ii), the language that states "the Resource
Development Coordinating Committee," is repealed;
(b) Subsection 
23-14-21
(2)(c) is amended to read "(c) provide notification of proposed
sites for the transplant of species to local government officials having jurisdiction over areas
that may be affected by a transplant.";
(c) in Subsection 
23-14-21
(3), the language that states "and the Resource Development
Coordinating Committee" is repealed;
(d) in Subsection 
23-21-2.3
(1), the language that states "the Resource Development
Coordinating Committee created in Section 
63J-4-501
 and" is repealed;
(e) in Subsection 
23-21-2.3
(2), the language that states "the Resource Development
Coordinating Committee and" is repealed;
(f) Subsection 
63J-4-102
(1) is repealed and the remaining subsections are renumbered
accordingly;
(g) Subsections 
63J-4-401
(5)(a) and (c) are repealed;
(h) Subsection 
63J-4-401
(5)(b) is renumbered to Subsection 
63J-4-401
(5)(a) and the
word "and" is inserted immediately after the semicolon;
(i) Subsection 
63J-4-401
(5)(d) is renumbered to Subsection 
63J-4-401
(5)(b);
(j) Sections 
63J-4-501
, 
63J-4-502
, 
63J-4-503
, 
63J-4-504
, and 
63J-4-505
 are repealed;
and
(k) Subsection 
63J-4-603
(1)(e)(iv) is repealed and the remaining subsections are
renumbered accordingly.
[
(12)
] 
(13)
 Subsection 
63J-1-602.1
(13), Nurse Home Visiting Restricted Account is
repealed July 1, 2026.
[
(13)
] 
(14)
 Subsection 
63J-1-602.2
(4), referring to dedicated credits to the Utah
Marriage Commission, is repealed July 1, 2023.
[
(14)
] 
(15)
 (a) Subsection 
63J-1-602.1
(51), relating to the Utah Statewide Radio
System Restricted Account, is repealed July 1, 2022.
(b) When repealing Subsection 
63J-1-602.1
(51), the Office of Legislative Research and
General Counsel shall, in addition to the office's authority under Subsection 
36-12-12
(3), make
necessary changes to subsection numbering and cross references.
[
(15)
] 
(16)
 The Crime Victim Reparations and Assistance Board, created in Section
63M-7-504
, is repealed July 1, 2027.
[
(16)
] 
(17)
 Title 63M, Chapter 11, Utah Commission on Aging, is repealed July 1,
2027.
[
(17)
] 
(18)
 Title 63N, Chapter 2, Part 2, Enterprise Zone Act, is repealed July 1, 2028.
[
(18)
] 
(19)
 (a) Title 63N, Chapter 2, Part 4, Recycling Market Development Zone Act,
is repealed January 1, 2021.
(b) Subject to Subsection [
(18)
] 
(19)
(c), Sections 
59-7-610
 and 
59-10-1007
 regarding
tax credits for certain persons in recycling market development zones, are repealed for taxable
years beginning on or after January 1, 2021.
(c) A person may not claim a tax credit under Section 
59-7-610
 or 
59-10-1007
:
(i) for the purchase price of machinery or equipment described in Section 
59-7-610
 or
59-10-1007
, if the machinery or equipment is purchased on or after January 1, 2021; or
(ii) for an expenditure described in Subsection 
59-7-610
(1)(b) or 
59-10-1007
(1)(b), if
the expenditure is made on or after January 1, 2021.
(d) Notwithstanding Subsections [
(18)
] 
(19)
(b) and (c), a person may carry forward a
tax credit in accordance with Section 
59-7-610
 or 
59-10-1007
 if:
(i) the person is entitled to a tax credit under Section 
59-7-610
 or 
59-10-1007
; and
(ii) (A) for the purchase price of machinery or equipment described in Section
59-7-610
 or 
59-10-1007
, the machinery or equipment is purchased on or before December 31,
2020; or
(B) for an expenditure described in Subsection 
59-7-610
(1)(b) or 
59-10-1007
(1)(b), the
expenditure is made on or before December 31, 2020.
[
(19)
] 
(20)
 Section 
63N-2-512
 is repealed on July 1, 2021.
[
(20)
] 
(21)
 (a) Title 63N, Chapter 2, Part 6, Utah Small Business Jobs Act, is repealed
January 1, 2021.
(b) Section 
59-9-107
 regarding tax credits against premium taxes is repealed for
calendar years beginning on or after January 1, 2021.
(c) Notwithstanding Subsection [
(20)
] 
(21)
(b), an entity may carry forward a tax credit
in accordance with Section 
59-9-107
 if:
(i) the person is entitled to a tax credit under Section 
59-9-107
 on or before December
31, 2020; and
(ii) the qualified equity investment that is the basis of the tax credit is certified under
Section 
63N-2-603
 on or before December 31, 2023.
[
(21)
] 
(22)
 Subsections 
63N-3-109
(2)(f) and 
63N-3-109
(2)(g)(i)(C) are repealed July 1,
2023.
[
(22)
] 
(23)
 Title 63N, Chapter 4, Part 4, Rural Employment Expansion Program, is
repealed July 1, 2023.
[
(23)
] 
(24)
 Title 63N, Chapter 9, Part 2, Outdoor Recreational Infrastructure Grant
Program, is repealed January 1, 2023.
[
(24)
] 
(25)
 Title 63N, Chapter 12, Part 4, Career and Technical Education Board, is
repealed July 1, 2018.
Section 4. Section 
63M-7-211
 is enacted to read:
 63M-7-211.
Inmate health care study -- Creation -- Membership -- Duties --
Reporting.
(1) As used in this section:
(a) "Commission" means the Commission on Criminal and Juvenile Justice created in
Section 
63M-7-201
.
(b) "Correctional facility" means:
(i) a facility operated by or contracted with the Department of Corrections to house a
criminal offender in either a secure or nonsecure setting; or
(ii) a county jail.
(2) The commission shall create a committee to study:
(a) treatment provided to inmates in a county jail for substance use or mental health
disorders, including withdrawal from alcohol or other drugs;
(b) contraception provided to female inmates in correctional facilities;
(c) health care and treatment of pregnant inmates in correctional facilities;
(d) body cavity searches of arrestees or inmates in correctional facilities; and
(e) continuation of medication and mental health treatment for inmates who are
transferred from a county jail to the Department of Corrections.
(3) The committee shall consist of:
(a) a representative from the Division of Substance Abuse and Mental Health within
the Department of Human Services;
(b) a representative from a local substance abuse and mental health authority from:
(i) a county of the first class, as classified in Section 
17-50-501
; and
(ii) a county of the second, third, fourth, fifth, or sixth class, as classified in Section
17-50-501
;
(c) a representative from the Department of Health;
(d) a representative from the Utah Sheriff's Association;
(e) a representative from the Statewide Association of Prosecutors of Utah;
(f) a representative from the Utah Association of Counties;
(g) a representative from the Utah Association of Criminal Defense Lawyers;
(h) a physician actively engaged in correctional health care in a county jail from:
(i) a county of the first class, as classified in Section 
17-50-501
; and
(ii) a county of the second, third, fourth, fifth, or sixth class, as classified in Section
17-50-501
;
(i) a psychiatric service provider actively engaged in correctional health care;
(j) a district attorney or a county attorney actively engaged in the practice of civil or
constitutional law from:
(i) a county of the first class, as classified in Section 
17-50-501
; and
(ii) a county of the second, third, fourth, fifth, or sixth class, as classified in Section
17-50-501
;
(k) a representative from a community-based substance use treatment provider in the
state;
(l) a physician from a community-based health care facility that specializes in women's
health;
(m) a representative from the Department of Corrections;
(n) a representative from an organization with expertise in civil rights or civil liberties
of incarcerated individuals; and
(o) other stakeholders, as determined by the commission.
(4) Before June 15, 2019, a correctional facility shall submit to the committee a copy of
the correctional facility's existing policies, procedures, and protocols for:
(a) treatment of an inmate in a county jail experiencing a substance use or mental
health disorder, including withdrawal from alcohol or other drugs;
(b) providing contraception to a female inmate in a correctional facility;
(c) providing health care and treatment for a pregnant inmate in a correctional facility,
including any restraints required during a pregnant inmate's labor and delivery;
(d) a body cavity search of an arrestee or inmate in a correctional facility; and
(e) providing medication and mental health treatment for inmates who are transferred
from a county jail to the Department of Corrections.
(5) The committee shall:
(a) survey the policies, procedures, and protocols submitted by a correctional facility
under Subsection (4) taking the following into consideration:
(i) the needs and limitations of correctional health care, particularly in rural areas of the
state;
(ii) evidence-based practices;
(iii) tools and protocols for substance use screening and assessment;
(iv) the transition of an inmate from treatment or health care in a correctional facility to
community-based treatment or health care; and
(v) the needs of different correctional facility populations; and
(b) based on the results of the survey under Subsection (5)(a), develop
recommendations relating to:
(i) whether model policies, procedures, and protocols for correctional facilities are
necessary; and
(ii) development and implementation of any model policies the committee finds
necessary under Subsection (5)(b)(i).
(6) (a) Each member of the committee may have access to and use a correctional
facility's policies, procedures, or protocols submitted under this section for the purposes
described in this section.
(b) Neither the commission, the committee, nor a member of the committee may
provide access to or use a correctional facility's policies, procedures, or protocols submitted
under this section in a manner or for a purpose not described in this section.
(7) (a) Before November 30, 2019, the commission shall present a report of the results
of the survey and the committee's recommendations under Subsection (5) to the Law
Enforcement and Criminal Justice Interim Committee.
(b) The commission is not required to include in the report described in Subsection
(7)(a) the policies, procedures, or protocols of a correctional facility that were submitted under
Subsection (4) on or after June 15, 2019.
(c) As part of the report described in Subsection (7)(a), the commission shall state
which, if any, correctional facilities did not submit policies, procedures, or protocols under
Subsection (4) before June 15, 2019.
Section 5. Section 
64-13-45
 is amended to read:
64-13-45.
Department reporting requirements.
(1) As used in this section:
(a) (i) "In-custody death" means an inmate death that occurs while the inmate is in the
custody of the department.
(ii) "In-custody death" includes an inmate death that occurs while the inmate is:
(A) being transported for medical care; or
(B) receiving medical care outside of a correctional facility, other than a county jail.
(b) "Inmate" means an individual who is processed or booked into custody or housed in
the department or a correctional facility other than a county jail.
(c) "Opiate" means the same as that term is defined in Section 
58-37-2
.
(2) [
So that the state may oversee the inmate health care system, the
] 
The
 department
shall submit a report to the Commission on Criminal and Juvenile Justice, created in Section
63M-7-201
, before [
August 1
] 
June 15
 of each year that includes:
(a) the number of in-custody deaths that occurred during the preceding calendar year;
(b) the known, or discoverable on reasonable inquiry, causes and contributing factors
of each of the in-custody deaths described in Subsection (2)(a);
(c) the department's policy for notifying an inmate's next of kin after the inmate's
in-custody death;
(d) the department policies, procedures, and protocols:
(i) for treatment of an inmate experiencing withdrawal from alcohol or substance use,
including use of opiates; [
and
]
(ii) [
relating
] 
that relate
 to the department's provision, or lack of provision, of
medications used to treat, mitigate, or address an inmate's symptoms of withdrawal, including
methadone and all forms of buprenorphine and naltrexone; and
(iii) that relate to screening, assessment, and treatment of an inmate for a substance use
disorder or mental health disorder; and
(e) any report the department provides or is required to provide under federal law or
regulation relating to inmate deaths.
(3) The Commission on Criminal and Juvenile Justice shall:
(a) compile the information from the reports described in Subsection (2);
(b) omit or redact any identifying information of an inmate in the compilation to the
extent omission or redaction is necessary to comply with state and federal law ; and
(c) submit the compilation to the Law Enforcement and Criminal Justice Interim
Committee and the Utah Substance Use and Mental Health Advisory Council before November
1 of each year.
(4) The Commission on Criminal and Juvenile Justice may not provide access to or use
the department's policies, procedures, or protocols submitted under this section in a manner or
for a purpose not described in this section.