Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 40 (2019GS)

Sponsor

Sen. Christensen, A.

Final action

Governor Signed 3/25/2019

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• extends the sunset date for the psychotropic medication oversight pilot program until July 1, 2024;
• requires the division to report to the Child Welfare Legislative Oversight Panel every other year on the work of the psychotropic medication oversight pilot program; and
• extends the sunset date for the child protection unit pilot program until December 31, 2021.

Every vote on this bill

Bill text

CHILD WELFARE SUNSET PROVISIONS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Allen M. Christensen
House Sponsor: 
Christine F. Watkins
LONG TITLE
General Description:
This bill amends child welfare provisions that are scheduled to sunset in 2019.
Highlighted Provisions:
This bill:
▸ extends the sunset date for the psychotropic medication oversight pilot program
until July 1, 2024;
▸ requires the division to report to the Child Welfare Legislative Oversight Panel
every other year on the work of the psychotropic medication oversight pilot
program; and
▸ extends the sunset date for the child protection unit pilot program until December
31, 2021.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
62A-4a-213
, as enacted by Laws of Utah 2016, Chapter 231
63I-1-262
, as last amended by Laws of Utah 2018, Chapters 74, 220, 281, and 347
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
62A-4a-213
 is amended to read:
62A-4a-213.
Psychotropic medication oversight pilot program.
(1) As used in this section, "psychotropic medication" means medication prescribed to
affect or alter thought processes, mood, or behavior, including antipsychotic, antidepressant,
anxiolytic, or behavior medication.
(2) The division shall, through contract with the Department of Health, establish and
operate a psychotropic medication oversight pilot program for children in foster care to ensure
that foster children are being prescribed psychotropic medication consistent with their needs.
(3) The division shall establish an oversight team to manage the psychotropic
medication oversight program, composed of at least the following individuals:
(a) an "advanced practice registered nurse," as defined in Subsection 
58-31b-102
(14),
employed by the Department of Health; and
(b) a child psychiatrist.
(4) The oversight team shall monitor foster children:
(a) six years old or younger who are being prescribed one or more psychotropic
medications; and
(b) seven years old or older who are being prescribed two or more psychotropic
medications.
(5) The oversight team shall, upon request, be given information or records related to
the foster child's health care history, including psychotropic medication history and mental and
behavioral health history, from:
(a) the foster child's current or past caseworker;
(b) the foster child; or
(c) the foster child's:
(i) current or past health care provider;
(ii) natural parents; or
(iii) foster parents.
(6) The oversight team may review and monitor the following information about a
foster child:
(a) the foster child's history;
(b) the foster child's health care, including psychotropic medication history and mental
or behavioral health history;
(c) whether there are less invasive treatment options available to meet the foster child's
needs;
(d) the dosage or dosage range and appropriateness of the foster child's psychotropic
medication;
(e) the short-term or long-term risks associated with the use of the foster child's
psychotropic medication; or
(f) the reported benefits of the foster child's psychotropic medication.
(7) (a) The oversight team may make recommendations to the foster child's health care
providers concerning the foster child's psychotropic medication or the foster child's mental or
behavioral health.
(b) The oversight team shall provide the recommendations made in Subsection (7)(a)
to the foster child's parent or guardian after discussing the recommendations with the foster
child's current health care providers.
(8) The division may adopt administrative rules in accordance with Title 63G, Chapter
3, Utah Administrative Rulemaking Act, necessary to administer this section.
(9) The division shall report to the Child Welfare Legislative Oversight Panel
regarding the psychotropic medication oversight pilot program by October 1 of each even
numbered year.
Section 2. Section 
63I-1-262
 is amended to read:
63I-1-262.
Repeal dates, Title 62A.
(1) Subsections 
62A-1-120
(8)(g), (h), and (i) are repealed July 1, 2023.
(2) Section 
62A-3-209
 is repealed July 1, 2023.
(3) Section 
62A-4a-202.9
 is repealed December 31, [
] 
.
(4) Section 
62A-4a-213
 is repealed July 1, [
] 
.
(5) Section 
62A-15-114
 is repealed December 31, 2021.
(6) Subsection 
62A-15-1101
(7) is repealed July 1, 2018.