Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 337 (2021GS)

Sponsor

Rep. Eliason, S.

Final action

Governor Signed 3/17/2021

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• defines terms;
• requires the Office of Child Care to:
• collaborate with the Division of Substance Abuse and Mental Health to deliver early childhood programs and child care throughout the state; and
• coordinate services for training and education regarding child behavioral health;
• requires the Division of Substance Abuse and Mental Health to administer a grant program for the purpose of providing education regarding best practices for early childhood mental health support and interventions;
• changes the name of the "Psychiatric Consultation Program Account" to the "Psychiatric and Psychotherapeutic Consultation Program Account";
• amends the purposes for which the Psychiatric and Psychotherapeutic Consultation Program Account may be used to include early childhood mental health support and interventions; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

CHILD MENTAL HEALTH AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Steve Eliason
Senate Sponsor: 
Ann Millner
Cosponsors:
Jennifer Dailey-Provost
Suzanne Harrison
Karen Kwan
Mike Winder
LONG TITLE
General Description:
This bill relates to mental health services provided to a child.
Highlighted Provisions:
This bill:
▸ defines terms;
▸ requires the Office of Child Care to:
• collaborate with the Division of Substance Abuse and Mental Health to deliver
early childhood programs and child care throughout the state; and
• coordinate services for training and education regarding child behavioral health;
▸ requires the Division of Substance Abuse and Mental Health to administer a grant
program for the purpose of providing education regarding best practices for early
childhood mental health support and interventions;
▸ changes the name of the "Psychiatric Consultation Program Account" to the
"Psychiatric and Psychotherapeutic Consultation Program Account";
▸ amends the purposes for which the Psychiatric and Psychotherapeutic Consultation
Program Account may be used to include early childhood mental health support and
interventions; and
▸ makes technical and conforming changes.
Money Appropriated in this Bill:
This bill appropriates in fiscal year 2022:
▸ to Department of Human Services -- Division of Substance Abuse and Mental
Health, Community Mental Health Services, as a one-time appropriation:
• From General Fund, One-time, $500,000.
▸ to Department of Human Services -- Division of Substance Abuse and Mental
Health, Community Mental Health Services, as an ongoing appropriation:
• From General Fund, $500,000.
▸ to Department of Human Services -- Executive Director Operations, Executive
Director's Office, as an ongoing appropriation:
• From General Fund, $1,000,000.
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
35A-3-203
, as last amended by Laws of Utah 2020, Chapter 354
62A-15-1601
, as enacted by Laws of Utah 2019, Chapter 447
62A-15-1602
, as enacted by Laws of Utah 2019, Chapter 447
63I-2-262
, as last amended by Laws of Utah 2020, Chapter 212
ENACTS:
62A-15-120
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
35A-3-203
 is amended to read:
35A-3-203.
Functions and duties of office -- Annual report.
The office shall:
(1) assess critical child care needs throughout the state on an ongoing basis and focus
its activities on helping to meet the most critical needs;
(2) provide child care subsidy services for income-eligible children through age 12 and
for income-eligible children with disabilities through age 18;
(3) provide information:
(a) to employers for the development of options for child care in the work place; and
(b) for educating the public in obtaining quality child care;
(4) coordinate services for quality
:
(a)
 child care training [
and
]
;
(b)
 child care resource and referral core services; 
and
(c) training and education regarding child behavioral health interventions and
competencies;
(5) apply for, accept, or expend gifts or donations from public or private sources;
(6) provide administrative support services to the committee;
(7) work collaboratively with the following for the delivery of quality child care, early
childhood programs, and school age programs throughout the state:
(a) the State Board of Education; [
and
]
(b) the Department of Health; 
and
(c) the Division of Substance Abuse and Mental Health within the Department of
Human Services;
(8) research child care programs and public policy to improve the quality and
accessibility of child care, early childhood programs, and school age programs in the state;
(9) provide planning and technical assistance for the development and implementation
of programs in communities that lack child care, early childhood programs, and school age
programs;
(10) provide organizational support for the establishment of nonprofit organizations
approved by the Child Care Advisory Committee, created in Section 
35A-3-205
;
(11) coordinate with the department to include in the annual written report described in
Section 
35A-1-109
 information regarding the status of child care in Utah; and
(12) make rules, in accordance with Title 63G, Chapter 3, Utah Administrative
Rulemaking Act, and consistent with state and federal law, establishing the eligibility
requirements for a child care provider to receive a grant or subsidy, including for the following:
(a) providing child care for an income-eligible child [
age 12
] 
who is 12 years old
 or
younger; and
(b) providing child care for an income-eligible child with disabilities [
age 18
] 
who is
years old
 or younger.
Section 2. Section 
62A-15-120
 is enacted to read:
 62A-15-120.
Early childhood mental health support grant program.
(1) As used in this section:
(a) "Child care" means the child care services defined in Section 
35A-3-102
 for a child
during early childhood.
(b) "Child care provider" means a person who provides child care or mental health
support or interventions to a child during early childhood.
(c) "Early childhood" means the time during which a child is zero to six years old.
(d) "Project" means a project to provide education and training to child care providers
regarding evidence-based best practices for delivery of mental health support and interventions
during early childhood.
(2) On or before July 1, 2021, the division shall issue a request for proposals in
accordance with this section to award a grant to a public or nonprofit entity to implement a
project.
(3) The purpose of a project is to facilitate education about early childhood mental
health support and interventions.
(4) An application for a grant under this section shall provide details regarding:
(a) the education and training regarding early childhood mental health support and
interventions that the proposed project will provide to child care providers;
(b) how the proposed project plans to provide the education and training to child care
providers;
(c) the number of child care providers served by the proposed project;
(d) how the proposed project will ensure the education and training is effectively
provided to child care providers;
(e) the cost of the proposed project; and
(f) the sustainability of the proposed project.
(5) In evaluating a project proposal for a grant under this section, the division shall
consider:
(a) the extent to which the proposed project will fulfill the purpose described in
Subsection (3);
(b) the extent to which child care providers that will be served by the proposed project
are likely to benefit from the proposed project;
(c) the cost of the proposed project; and
(d) the viability of the proposed project.
(6) Before June 30, 2022, the division shall report to the Health and Human Services
Interim Committee regarding:
(a) each entity awarded a grant under this section; and
(b) the details of each project.
(7) Before June 30, 2024, the division shall report to the Health and Human Services
Interim Committee regarding:
(a) any knowledge gained from providing the education and training regarding early
childhood mental health support to child care providers;
(b) data gathered in relation to each project;
(c) recommendations for the future use of the education and training provided to child
care providers; and
(d) obstacles encountered in providing the education and training to child care
providers.
Section 3. Section 
62A-15-1601
 is amended to read:
Part 16. Psychiatric and Psychotherapeutic Consultation Program Account
62A-15-1601.
Definitions.
As used in this part:
(1) "Account" means the Psychiatric 
and Psychotherapeutic
 Consultation Program
Account created in Section 
62A-15-1602
.
(2) "Child care" means the child care services defined in Section 
35A-3-102
 for a child
during early childhood.
(3) "Child care provider" means a person who provides child care or mental health
support or interventions to a child during early childhood.
(4) "Child mental health therapist" means a mental health therapist who:
(a) is knowledgeable and trained in early childhood mental health; and
(b) provides mental health services to children during early childhood.
(5) "Child mental health care facility" means a facility that provides licensed mental
health care programs and services to children and families and employs a child mental health
therapist.
(6) "Early childhood" means the time during which a child is zero to six years old.
(7) "Early childhood psychotherapeutic telehealth consultation" means a consultation
regarding a child's mental health care during the child's early childhood between a child care
provider or a mental health therapist and a child mental health therapist that is focused on
psychotherapeutic and psychosocial interventions and is completed through the use of
electronic or telephonic communication.
[
(2)
] 
(8)
 "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.
(9) "Mental health therapist" means the same as that term is defined in Section
58-60-102
.
[
(3)
] 
(10)
 "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)
] 
(11)
 "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)
] 
(12)
 "Physician assistant" means an individual who is licensed to practice as a
physician assistant under Title 58, Chapter 70a, Utah Physician Assistant Act.
[
(6)
] 
(13)
 "Primary care provider" means a nurse practitioner, physician, or physician
assistant.
[
(7)
] 
(14)
 "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)
] 
(15)
 "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 4. Section 
62A-15-1602
 is amended to read:
62A-15-1602.
Psychiatric and Psychotherapeutic Consultation Program Account.
(1) There is created a restricted account within the General Fund known as the
"Psychiatric 
and Psychotherapeutic
 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
]
:
(a) at least one health care facility
 to implement a program that provides a primary care
provider access to a telehealth psychiatric consultation when 
the primary care provider is
evaluating a patient for or providing a patient mental health treatment[
.
]
; and
(b) at least one child mental health care facility to implement a program that provides
access to an early childhood psychotherapeutic telehealth consultation to:
(i) a mental health therapist when the mental health therapist is evaluating a child for or
providing a child mental health treatment; or
(ii) a child care provider when the child care provider is providing child care to a child.
(5) The division may award and distribute grant money to a health care facility 
or child
mental health care facility
 only if the health care facility 
or child mental 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 
or the number of
child mental health therapists employed by the child mental health care facility
;
(b) the health care facility's 
or child mental health care facility's
 plan to implement the
telehealth psychiatric consultation program 
or the early childhood psychotherapeutic telehealth
consultation program
 described in Subsection (4);
(c) the estimated cost to implement the telehealth psychiatric consultation program 
or
the early childhood psychotherapeutic telehealth 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 
or the early childhood
psychotherapeutic telehealth consultation program
 described in Subsection (4);
(e) the amount of grant money requested to fund the telehealth psychiatric consultation
program 
or the early childhood psychotherapeutic telehealth 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 
or the early
childhood psychotherapeutic telehealth consultation program
 described in Subsection (4).
(7) A health care facility 
or child mental 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 
or the early childhood psychotherapeutic telehealth consultation program
;
(b) the utilization of the telehealth psychiatric program 
or the early childhood
psychotherapeutic telehealth consultation 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 5. Section 
63I-2-262
 is amended to read:
63I-2-262.
Repeal dates -- Title 62A.
(1) Subsection 
62A-5-103.1
(6) is repealed January 1, 2023.
[
(2) Section 
62A-5-111
 is repealed January 1, 2021.
]
(2) Section 
62A-15-120
 is repealed January 2, 2025.
Section 6. 
Appropriation.
The following sums of money are appropriated for the fiscal year beginning July 1,
2021, and ending June 30, 2022. These are additions to amounts previously appropriated for
fiscal year 2022. 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 1
To Department of Human Services -- Division of Substance Abuse and Mental Health
From General Fund, One-time
$500,000
From General Fund
$500,000
Schedule of Programs:
Community Mental Health Services $1,000,000
The Legislature intends that:
(1) the one-time appropriation under this item be used to create a public education
campaign for early childhood mental health intervention in the state;
(2) the ongoing appropriations under this item be used to award grants for the early
childhood mental health support grant program under Section 
62A-15-120
; and
(3) under Section 
63J-1-603
, the one-time appropriation under this item not lapse at the
close of fiscal year 2022 and the use of any nonlapsing funds is limited to the purpose
described in Subsection (1) of this item.
ITEM 2
To Department of Human Services - Executive Director Operations
From General Fund
$1,000,000
Schedule of Programs:
Executive Director's Office $1,000,000
The Legislature intends that the appropriations under this item be used to support
stabilization services for children and families in the state.