Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 285 (2020GS)

Sponsor

Rep. Daw, B.

Final action

Governor Signed 3/24/2020

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• defines terms;
• establishes the Utah Professionals Health Program;
• establishes advisory committees to advise the division;
• establishes requirements for a program contract;
• explains the effect that entering into a program contract has on other disciplinary proceedings;
• sets a procedure to follow if a licensee violates a program contract;
• enables the Division of Occupational and Professional Licensing to set fines and fees to run the program;
• establishes a reporting requirement; and
• makes technical changes.

Every vote on this bill

Bill text

 UTAH PROFESSIONALS HEALTH PROGRAM
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Brad M. Daw
Senate Sponsor: 
Keith Grover
LONG TITLE
General Description:
This bill enacts a health program for health care professionals to provide an alternative
to public disciplinary action for licensees who have substance use disorders.
Highlighted Provisions:
This bill:
▸ defines terms;
▸ establishes the Utah Professionals Health Program;
▸ establishes advisory committees to advise the division;
▸ establishes requirements for a program contract;
▸ explains the effect that entering into a program contract has on other disciplinary
proceedings;
▸ sets a procedure to follow if a licensee violates a program contract;
▸ enables the Division of Occupational and Professional Licensing to set fines and
fees to run the program;
▸ establishes a reporting requirement; and
▸ makes technical changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
58-37f-301
, as last amended by Laws of Utah 2018, Chapter 123
ENACTS:
58-4a-101
, Utah Code Annotated 1953
58-4a-102
, Utah Code Annotated 1953
58-4a-103
, Utah Code Annotated 1953
58-4a-104
, Utah Code Annotated 1953
58-4a-105
, Utah Code Annotated 1953
58-4a-106
, Utah Code Annotated 1953
58-4a-107
, Utah Code Annotated 1953
58-4a-108
, Utah Code Annotated 1953
58-4a-109
, Utah Code Annotated 1953
58-4a-110
, Utah Code Annotated 1953
58-4a-111
, Utah Code Annotated 1953
REPEALS:
58-1-404
, as last amended by Laws of Utah 2013, Chapter 262
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
58-4a-101
 is enacted to read:
CHAPTER 4a. UTAH PROFESSIONALS HEALTH PROGRAM
 58-4a-101.
Title.
This chapter is known as the "Utah Professionals Health Program."
Section 2. Section 
58-4a-102
 is enacted to read:
 58-4a-102.
Definitions.
As used in this chapter:
(1) "Diversion agreement" means a written agreement entered into by a licensee and
the division that describes the requirements of the licensee's monitoring regimen and that was
entered into before May 12, 2020.
(2) "Licensee" means an individual licensed to practice under:
(a) Title 58, Chapter 5a, Podiatric Physician Licensing Act;
(b) Title 58, Chapter 17b, Pharmacy Practice Act;
(c) Title 58, Chapter 28, Veterinary Practice Act;
(d) Title 58, Chapter 31b, Nurse Practice Act;
(e) Title 58, Chapter 67, Utah Medical Practice Act;
(f) Title 58, Chapter 68, Utah Osteopathic Medical Practice Act;
(g) Title 58, Chapter 69, Dentist and Dental Hygienist Practice Act; or
(h) Title 58, Chapter 70a, Utah Physician Assistant Act.
(3) "Program" means the Utah Professionals Health Program.
(4) "Program contract" means a written agreement entered into by a licensee and the
division that allows the licensee to participate in the program.
(5) "Substance use disorder" means the same as that term is defined in Section
62A-15-1202
.
Section 3. Section 
58-4a-103
 is enacted to read:
 58-4a-103.
Program established.
(1) The division, in accordance with Title 63G, Chapter 3, Utah Administrative
Rulemaking Act, shall establish the Utah Professionals Health Program to provide an
alternative to public disciplinary action for licensees who have substance use disorders.
(2) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
division shall make rules governing the criteria for:
(a) entry into and participation of licensees in the program;
(b) successful completion of the program;
(c) expulsion from the program; and
(d) disqualifying a licensee from participation in the program.
(3) The division shall promote the program by:
(a) engaging in wellness education and outreach to licensees, students, and the
community in order to make them aware of the existence and purpose of the program;
(b) partnering with health care organizations, universities, trade associations, and other
stakeholder groups to promote professional awareness and wellness; and
(c) providing guidance to employers, colleagues, and family members on initiating
conversations with licensees about substance use.
Section 4. Section 
58-4a-104
 is enacted to read:
 58-4a-104.
Committees.
(1) In accordance with Section 
58-1-203
, the division shall establish an executive
advisory committee consisting of nine members as follows:
(a) the executive director of the Department of Commerce, or the designee of the
executive director of the Department of Commerce, who shall serve as chair;
(b) the director of the Division of Substance Abuse and Mental Health or the director's
designee; and
(c) the following members appointed by the director of the division:
(i) one member of the public; and
(ii) six licensees.
(2) The executive advisory committee shall:
(a) advise the division and make recommendations to the division on policy;
(b) serve without compensation, travel costs, or per diem for their services; and
(c) perform other duties as directed by the division.
(3) Members of the executive advisory committee are immune from civil liability for
any actions or judgments made in the execution of duties performed in service of the executive
committee.
(4) In accordance with Section 
58-1-203
, the director shall establish and appoint
members of a clinical advisory committee consisting of community members who have expert
knowledge in the diagnosis and treatment of substance use disorders.
(5) The clinical advisory committee shall:
(a) advise the division and make recommendations to the division on actions regarding
specific program contracts;
(b) perform duties as assigned by the division; and
(c) serve without compensation, travel costs, or per diem for their services.
(6) The committees described in Subsections (1) and (4) and the division may seek
input from other licensing boards.
Section 5. Section 
58-4a-105
 is enacted to read:
 58-4a-105.
Program contract.
(1) A licensee may enter into a program contract:
(a) any time before the conclusion of a hearing under Section 
63G-4-206
; and
(b) if the licensee who enters into the program contract has a substance use disorder.
(2) A licensee may enter into a program contract to replace a diversion agreement the
licensee previously entered into with the department.
(3) A licensee who does not have a substance use disorder may not enter into a
program contract with the division.
(4) The committees described in Section 
58-4a-104
 may assist the division in
evaluating or verifying documentation showing completion of or compliance with a program
contract.
(5) A decision by the program not to permit a licensee to participate in the program is
not subject to appeal, agency review, or judicial review.
Section 6. Section 
58-4a-106
 is enacted to read:
 58-4a-106.
Effect on other disciplinary proceedings.
(1) Findings of fact stipulated to in a program contract are binding admissions on the
licensee in any proceeding to terminate the program contract or any other division disciplinary
administrative proceeding.
(2) If the program contract is entered into after an adjudicative proceeding has
commenced, the adjudicative proceeding shall be stayed pending successful completion of the
program contract.
(3) Acceptance of a licensee into the program does not preclude the division from
investigating or taking disciplinary action against the licensee for other misconduct that:
(a) is not included in the program contract; or
(b) was committed at any time before or after the licensee entered into the program
contract.
(4) The period described in Subsection 
58-1-401
(6) is tolled during any period during
which a licensee applies to participate in the program or is operating under a program contract.
(5) In any proceedings to determine disciplinary sanctions under Title 58, Chapter 1,
Part 4, License Denial, the division may consider:
(a) successful completion of the program;
(b) failure to complete the program; or
(c) the contents of the program contract.
(6) A licensee terminated from the program may have disciplinary action taken against
the licensee for misconduct committed before, during, or after the licensee's participation in the
program.
Section 7. Section 
58-4a-107
 is enacted to read:
 58-4a-107.
Violation of a program contract -- Adjudicative proceedings --
Penalties.
(1) The division shall serve an order to show cause on the licensee if the licensee:
(a) violates any term or condition of the program contract or diversion agreement;
(b) makes an intentional, material misrepresentation of fact in the program contract or
diversion agreement; or
(c) violates any rule or law governing the licensee's profession.
(2) The order to show cause described in Subsection (1) shall:
(a) describe the alleged misconduct;
(b) set a time and place for a hearing before an administrative law judge to determine
whether the licensee's program contract should be terminated; and
(c) contain all of the information required by a notice of agency action in Subsection
63G-4-201
(2).
(3) Proceedings to terminate a program contract shall comply with the rules for a
formal proceeding described in Title 63G, Chapter 4, Administrative Procedures Act, except
the notice of agency action shall be in the form of the order to show cause in Subsection (2).
(4) In accordance with Subsection 
63G-4-205
(1), the division shall make rules for
discovery adequate to permit all parties to obtain all relevant information necessary to support
their claims or defenses.
(5) During a proceeding to terminate a program contract, the licensee, the licensee's
legal representative, and the division shall have access to information contained in the
division's program file as permitted by law.
(6) The director shall terminate the program contract and place the licensee on
probation for a period of five years, with probationary terms matching the terms of the program
contract, if, during the administrative proceedings described in Subsection (3), the
administrative law judge finds that the licensee has:
(a) violated the program contract;
(b) made an intentional material misrepresentation of fact in the program contract; or
(c) violated a law or rule governing the licensee's profession.
(7) If, during the proceedings described in Subsection (3), the administrative law judge
finds that the licensee has engaged in especially egregious misconduct, the director may revoke
the licensee's license.
(8) A licensee who is terminated from the program may have disciplinary action taken
under Title 58, Chapter 1, Part 4, License Denial, for misconduct committed before, during, or
after the licensee's participation in the program.
Section 8. Section 
58-4a-108
 is enacted to read:
 58-4a-108.
Emergency order.
Nothing in this chapter precludes the division from issuing an emergency order
pursuant to Section 
63G-4-502
 regarding a licensee's participation in the program.
Section 9. Section 
58-4a-109
 is enacted to read:
 58-4a-109.
Public meetings.
Program meetings and hearings are not subject to Title 52, Chapter 4, Open and Public
Meetings Act.
Section 10. Section 
58-4a-110
 is enacted to read:
 58-4a-110.
Fees -- Fines.
(1) The division, in accordance with Section 
63J-1-504
, shall establish fees in an
amount to pay the costs to the division of operating the program.
(2) The division may, for a licensee who has entered into a program contract, assess a
fine for a violation of a program contract, in accordance with a fine schedule the division
establishes by rule made in accordance with Title 63G, Chapter 3, Utah Administrative
Rulemaking Act.
Section 11. Section 
58-4a-111
 is enacted to read:
 58-4a-111.
Reporting.
(1) Program contracts shall allow the division to report regularly to the licensee's Utah
professional licensing board regarding the licensee's progress in the program to the extent that
reporting does not violate HIPAA.
(2) The executive advisory committee and the clinical advisory committee described in
Section 
58-4a-104
 may assist Utah professional licensing boards and division staff in
monitoring the compliance of a licensee who has entered into a program contract.
Section 12. Section 
58-37f-301
 is amended to read:
58-37f-301.
Access to database.
(1) The division shall make rules, in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act, to:
(a) effectively enforce the limitations on access to the database as described in this
part; and
(b) establish standards and procedures to ensure accurate identification of individuals
requesting information or receiving information without request from the database.
(2) The division shall make information in the database and information obtained from
other state or federal prescription monitoring programs by means of the database available only
to the following individuals, in accordance with the requirements of this chapter and division
rules:
(a) (i) personnel of the division specifically assigned to conduct investigations related
to controlled substance laws under the jurisdiction of the division; and
(ii) the following law enforcement officers, but the division may only provide
nonidentifying information, limited to gender, year of birth, and postal ZIP code, regarding
individuals for whom a controlled substance has been prescribed or to whom a controlled
substance has been dispensed:
(A) a law enforcement agency officer who is engaged in a joint investigation with the
division; and
(B) a law enforcement agency officer to whom the division has referred a suspected
criminal violation of controlled substance laws;
(b) authorized division personnel engaged in analysis of controlled substance
prescription information as a part of the assigned duties and responsibilities of their
employment;
(c) a board member if:
(i) the board member is assigned to monitor a licensee on probation; and
(ii) the board member is limited to obtaining information from the database regarding
the specific licensee on probation;
[
(d) a member of a diversion committee established in accordance with Subsection
58-1-404
(2) if:
]
(d) a person the division authorizes to obtain that information on behalf of the Utah
Professionals Health Program established in Subsection 
58-4a-103
(1) if:
(i) the [
diversion committee member
] 
person the division authorizes
 is limited to
obtaining information from the database regarding the person whose conduct is the subject of
the [
committee's
] 
division's
 consideration; and
(ii) the conduct that is the subject of the [
committee's
] 
division's
 consideration includes
a violation or a potential violation of Chapter 37, Utah Controlled Substances Act, or another
relevant violation or potential violation under this title;
(e) in accordance with a written agreement entered into with the department,
employees of the Department of Health:
(i) whom the director of the Department of Health assigns to conduct scientific studies
regarding the use or abuse of controlled substances, if the identity of the individuals and
pharmacies in the database are confidential and are not disclosed in any manner to any
individual who is not directly involved in the scientific studies;
(ii) when the information is requested by the Department of Health in relation to a
person or provider whom the Department of Health suspects may be improperly obtaining or
providing a controlled substance; or
(iii) in the medical examiner's office;
(f) in accordance with a written agreement entered into with the department, a designee
of the director of the Department of Health, who is not an employee of the Department of
Health, whom the director of the Department of Health assigns to conduct scientific studies
regarding the use or abuse of controlled substances pursuant to an application process
established in rule by the Department of Health, if:
(i) the designee provides explicit information to the Department of Health regarding
the purpose of the scientific studies;
(ii) the scientific studies to be conducted by the designee:
(A) fit within the responsibilities of the Department of Health for health and welfare;
(B) are reviewed and approved by an Institutional Review Board that is approved for
human subject research by the United States Department of Health and Human Services; [
and
]
(C) are not conducted for profit or commercial gain; and
(D) are conducted in a research facility, as defined by division rule, that is associated
with a university or college accredited by one or more regional or national accrediting agencies
recognized by the United States Department of Education;
(iii) the designee protects the information as a business associate of the Department of
Health; and
(iv) the identity of the prescribers, patients, and pharmacies in the database are
de-identified, confidential, not disclosed in any manner to the designee or to any individual
who is not directly involved in the scientific studies;
(g) in accordance with the written agreement entered into with the department and the
Department of Health, authorized employees of a managed care organization, as defined in 42
C.F.R. Sec. 438, if:
(i) the managed care organization contracts with the Department of Health under the
provisions of Section 
26-18-405
 and the contract includes provisions that:
(A) require a managed care organization employee who will have access to information
from the database to submit to a criminal background check; and
(B) limit the authorized employee of the managed care organization to requesting
either the division or the Department of Health to conduct a search of the database regarding a
specific Medicaid enrollee and to report the results of the search to the authorized employee;
and
(ii) the information is requested by an authorized employee of the managed care
organization in relation to a person who is enrolled in the Medicaid program with the managed
care organization, and the managed care organization suspects the person may be improperly
obtaining or providing a controlled substance;
(h) a licensed practitioner having authority to prescribe controlled substances, to the
extent the information:
(i) (A) relates specifically to a current or prospective patient of the practitioner; and
(B) is provided to or sought by the practitioner for the purpose of:
(I) prescribing or considering prescribing any controlled substance to the current or
prospective patient;
(II) diagnosing the current or prospective patient;
(III) providing medical treatment or medical advice to the current or prospective
patient; or
(IV) determining whether the current or prospective patient:
(Aa) is attempting to fraudulently obtain a controlled substance from the practitioner;
or
(Bb) has fraudulently obtained, or attempted to fraudulently obtain, a controlled
substance from the practitioner;
(ii) (A) relates specifically to a former patient of the practitioner; and
(B) is provided to or sought by the practitioner for the purpose of determining whether
the former patient has fraudulently obtained, or has attempted to fraudulently obtain, a
controlled substance from the practitioner;
(iii) relates specifically to an individual who has access to the practitioner's Drug
Enforcement Administration identification number, and the practitioner suspects that the
individual may have used the practitioner's Drug Enforcement Administration identification
number to fraudulently acquire or prescribe a controlled substance;
(iv) relates to the practitioner's own prescribing practices, except when specifically
prohibited by the division by administrative rule;
(v) relates to the use of the controlled substance database by an employee of the
practitioner, described in Subsection (2)(i); or
(vi) relates to any use of the practitioner's Drug Enforcement Administration
identification number to obtain, attempt to obtain, prescribe, or attempt to prescribe, a
controlled substance;
(i) in accordance with Subsection (3)(a), an employee of a practitioner described in
Subsection (2)(h), for a purpose described in Subsection (2)(h)(i) or (ii), if:
(i) the employee is designated by the practitioner as an individual authorized to access
the information on behalf of the practitioner;
(ii) the practitioner provides written notice to the division of the identity of the
employee; and
(iii) the division:
(A) grants the employee access to the database; and
(B) provides the employee with a password that is unique to that employee to access
the database in order to permit the division to comply with the requirements of Subsection
58-37f-203
(5) with respect to the employee;
(j) an employee of the same business that employs a licensed practitioner under
Subsection (2)(h) if:
(i) the employee is designated by the practitioner as an individual authorized to access
the information on behalf of the practitioner;
(ii) the practitioner and the employing business provide written notice to the division of
the identity of the designated employee; and
(iii) the division:
(A) grants the employee access to the database; and
(B) provides the employee with a password that is unique to that employee to access
the database in order to permit the division to comply with the requirements of Subsection
58-37f-203
(5) with respect to the employee;
(k) a licensed pharmacist having authority to dispense a controlled substance to the
extent the information is provided or sought for the purpose of:
(i) dispensing or considering dispensing any controlled substance; or
(ii) determining whether a person:
(A) is attempting to fraudulently obtain a controlled substance from the pharmacist; or
(B) has fraudulently obtained, or attempted to fraudulently obtain, a controlled
substance from the pharmacist;
(l) in accordance with Subsection (3)(a), a licensed pharmacy technician and pharmacy
intern who is an employee of a pharmacy as defined in Section 
58-17b-102
, for the purposes
described in Subsection (2)(j)(i) or (ii), if:
(i) the employee is designated by the pharmacist-in-charge as an individual authorized
to access the information on behalf of a licensed pharmacist employed by the pharmacy;
(ii) the pharmacist-in-charge provides written notice to the division of the identity of
the employee; and
(iii) the division:
(A) grants the employee access to the database; and
(B) provides the employee with a password that is unique to that employee to access
the database in order to permit the division to comply with the requirements of Subsection
58-37f-203
(5) with respect to the employee;
(m) pursuant to a valid search warrant, federal, state, and local law enforcement
officers and state and local prosecutors who are engaged in an investigation related to:
(i) one or more controlled substances; and
(ii) a specific person who is a subject of the investigation;
(n) subject to Subsection (7), a probation or parole officer, employed by the
Department of Corrections or by a political subdivision, to gain access to database information
necessary for the officer's supervision of a specific probationer or parolee who is under the
officer's direct supervision;
(o) employees of the Office of Internal Audit and Program Integrity within the
Department of Health who are engaged in their specified duty of ensuring Medicaid program
integrity under Section 
26-18-2.3
;
(p) a mental health therapist, if:
(i) the information relates to a patient who is:
(A) enrolled in a licensed substance abuse treatment program; and
(B) receiving treatment from, or under the direction of, the mental health therapist as
part of the patient's participation in the licensed substance abuse treatment program described
in Subsection (2)(p)(i)(A);
(ii) the information is sought for the purpose of determining whether the patient is
using a controlled substance while the patient is enrolled in the licensed substance abuse
treatment program described in Subsection (2)(p)(i)(A); and
(iii) the licensed substance abuse treatment program described in Subsection
(2)(p)(i)(A) is associated with a practitioner who:
(A) is a physician, a physician assistant, an advance practice registered nurse, or a
pharmacist; and
(B) is available to consult with the mental health therapist regarding the information
obtained by the mental health therapist, under this Subsection (2)(p), from the database;
(q) an individual who is the recipient of a controlled substance prescription entered into
the database, upon providing evidence satisfactory to the division that the individual requesting
the information is in fact the individual about whom the data entry was made;
(r) an individual under Subsection (2)(q) for the purpose of obtaining a list of the
persons and entities that have requested or received any information from the database
regarding the individual, except if the individual's record is subject to a pending or current
investigation as authorized under this Subsection (2);
(s) the inspector general, or a designee of the inspector general, of the Office of
Inspector General of Medicaid Services, for the purpose of fulfilling the duties described in
Title 63A, Chapter 13, Part 2, Office and Powers;
(t) the following licensed physicians for the purpose of reviewing and offering an
opinion on an individual's request for workers' compensation benefits under Title 34A, Chapter
2, Workers' Compensation Act, or Title 34A, Chapter 3, Utah Occupational Disease Act:
(i) a member of the medical panel described in Section 
34A-2-601
;
(ii) a physician employed as medical director for a licensed workers' compensation
insurer or an approved self-insured employer; or
(iii) a physician offering a second opinion regarding treatment; and
(u) members of Utah's Opioid Fatality Review Committee, for the purpose of
reviewing a specific fatality due to opioid use and recommending policies to reduce the
frequency of opioid use fatalities.
(3) (a) (i) A practitioner described in Subsection (2)(h) may designate one or more
employees to access information from the database under Subsection (2)(i), (2)(j), or (4)(c).
(ii) A pharmacist described in Subsection (2)(k) who is a pharmacist-in-charge may
designate up to five employees to access information from the database under Subsection (2)(l).
(b) The division shall make rules, in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act, to:
(i) establish background check procedures to determine whether an employee
designated under Subsection (2)(i), (2)(j), or (4)(c) should be granted access to the database;
[
and
]
(ii) establish the information to be provided by an emergency department employee
under Subsection (4); and
(iii) facilitate providing controlled substance prescription information to a third party
under Subsection (5).
(c) The division shall grant an employee designated under Subsection (2)(i), (2)(j), or
(4)(c) access to the database, unless the division determines, based on a background check, that
the employee poses a security risk to the information contained in the database.
(4) (a) An individual who is employed in the emergency department of a hospital may
exercise access to the database under this Subsection (4) on behalf of a licensed practitioner if
the individual is designated under Subsection (4)(c) and the licensed practitioner:
(i) is employed in the emergency department;
(ii) is treating an emergency department patient for an emergency medical condition;
and
(iii) requests that an individual employed in the emergency department and designated
under Subsection (4)(c) obtain information regarding the patient from the database as needed in
the course of treatment.
(b) The emergency department employee obtaining information from the database
shall, when gaining access to the database, provide to the database the name and any additional
identifiers regarding the requesting practitioner as required by division administrative rule
established under Subsection (3)(b).
(c) An individual employed in the emergency department under this Subsection (4)
may obtain information from the database as provided in Subsection (4)(a) if:
(i) the employee is designated by the practitioner as an individual authorized to access
the information on behalf of the practitioner;
(ii) the practitioner and the hospital operating the emergency department provide
written notice to the division of the identity of the designated employee; and
(iii) the division:
(A) grants the employee access to the database; and
(B) provides the employee with a password that is unique to that employee to access
the database in order to permit the division to comply with the requirements of Subsection
58-37f-203
(5) with respect to the employee.
(d) The division may impose a fee, in accordance with Section 
63J-1-504
, on a
practitioner who designates an employee under Subsection (2)(i), (2)(j), or (4)(c) to pay for the
costs incurred by the division to conduct the background check and make the determination
described in Subsection (3)(b).
(5) (a) (i) An individual may request that the division provide the information under
Subsection (5)(b) to a third party who is designated by the individual each time a controlled
substance prescription for the individual is dispensed.
(ii) The division shall upon receipt of the request under this Subsection (5)(a) advise
the individual in writing that the individual may direct the division to discontinue providing the
information to a third party and that notice of the individual's direction to discontinue will be
provided to the third party. 
(b) The information the division shall provide under Subsection (5)(a) is:
(i) the fact a controlled substance has been dispensed to the individual, but without
identifying the controlled substance; and
(ii) the date the controlled substance was dispensed.
(c) (i) An individual who has made a request under Subsection (5)(a) may direct that
the division discontinue providing information to the third party.
(ii) The division shall:
(A) notify the third party that the individual has directed the division to no longer
provide information to the third party; and
(B) discontinue providing information to the third party.
(6) (a) An individual who is granted access to the database based on the fact that the
individual is a licensed practitioner or a mental health therapist shall be denied access to the
database when the individual is no longer licensed.
(b) An individual who is granted access to the database based on the fact that the
individual is a designated employee of a licensed practitioner shall be denied access to the
database when the practitioner is no longer licensed.
(7) A probation or parole officer is not required to obtain a search warrant to access the
database in accordance with Subsection (2)(n).
(8) The division shall review and adjust the database programming which
automatically logs off an individual who is granted access to the database under Subsections
(2)(h), (2)(i), (2)(j), and (4)(c) to maximize the following objectives:
(a) to protect patient privacy;
(b) to reduce inappropriate access; and
(c) to make the database more useful and helpful to a person accessing the database
under Subsections (2)(h), (2)(i), (2)(j), and (4)(c), especially in high usage locations such as an
emergency department.
Section 13. 
Repealer.
This bill repeals:
Section 
58-1-404
,
Diversion -- Procedure.