Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 155 Third Substitute (2021GS)

Sponsor

Sen. Thatcher, D.

Final action

Governor Signed 3/11/2021

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• creates the Statewide Behavioral Health Crisis Response Account;
• describes the purposes for which the Statewide Behavioral Health Crisis Response Account may be used;
• amends the membership of the Behavioral Health Crisis Response Commission; and
• amends the duties of the Behavioral Health Crisis Response Commission.

Every vote on this bill

Bill text

MENTAL HEALTH CRISIS ASSISTANCE
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Daniel W. Thatcher
House Sponsor: 
Steve Eliason
LONG TITLE
General Description:
This bill creates the Statewide Behavioral Health Crisis Response Account and amends
provisions related to the membership and duties of the Behavioral Health Crisis
Response Commission.
Highlighted Provisions:
This bill:
▸ creates the Statewide Behavioral Health Crisis Response Account;
▸ describes the purposes for which the Statewide Behavioral Health Crisis Response
Account may be used;
▸ amends the membership of the Behavioral Health Crisis Response Commission; and
▸ amends the duties of the Behavioral Health Crisis Response Commission.
Money Appropriated in this Bill:
This bill appropriates in fiscal year 2021:
▸ to the Legislature - Senate, as a one-time appropriation:
• from the General Fund, $1,600;
▸ to the Legislature - House of Representatives, as a one-time appropriation:
• from the General Fund, $1,600;
▸ to the Attorney General - Attorney General, as a one-time appropriation:
• from the General Fund, $1,000;
▸ to Department of Human Services - Division of Substance Abuse and Mental
Health, as a one-time appropriation:
• from the General Fund, $2,451,800; and
▸ to University of Utah - School of Medicine, as a one-time appropriation:
• from Education Fund, ($600,000).
This bill appropriates in fiscal year 2022:
▸ to the Legislature - Senate, as a one-time appropriation:
• from the General Fund, $6,400;
▸ to the Legislature - House of Representatives, as a one-time appropriation:
• from the General Fund, $6,400;
▸ to the Attorney General - Attorney General, as a one-time appropriation:
• from the General Fund, $3,000; and
▸ to Department of Human Services - Division of Substance Abuse and Mental
Health, as an ongoing appropriation:
• from the General Fund, $1,851,800.
Other Special Clauses:
This bill provides a special effective date.
Utah Code Sections Affected:
AMENDS:
63C-18-202
, as last amended by Laws of Utah 2020, Chapter 303
63C-18-203
, as last amended by Laws of Utah 2020, Chapter 303
ENACTS:
26-18-424
, Utah Code Annotated 1953
62A-15-120
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
26-18-424
 is enacted to read:
 26-18-424.
Crisis services -- Reimbursement.
The Department shall submit a waiver or state plan amendment to allow for
reimbursement for 988 services provided to an individual who is eligible and enrolled in
Medicaid at the time this service is provided.
Section 2. Section 
62A-15-120
 is enacted to read:
 62A-15-120.
 Statewide Behavioral Health Crisis Response Account -- Creation --
Administration -- Permitted uses.
(1) There is created a restricted account within the General Fund known as the
"Statewide Behavioral Health Crisis Response Account," consisting of:
(a) money appropriated or otherwise made available by the Legislature; and
(b) contributions of money, property, or equipment from federal agencies, political
subdivisions of the state, or other persons.
(2) (a) Subject to appropriations by the Legislature and any contributions to the account
described in Subsection (1)(b), the division shall disburse funds in the account only for the
purpose of support or implementation of services or enhancements of those services in order to
rapidly, efficiently, and effectively deliver 988 services in the state.
(b) Funds distributed from the account to county local mental health and substance
abuse authorities for the provision of crisis services are not subject to the 20% county match
described in Sections 
17-43-201
 and 
17-43-301
.
(c) The division shall prioritize expending funds from the account as follows:
(i) the Statewide Mental Health Crisis Line, as defined in Section 
62A-15-1301
,
including coordination with 911 emergency service, as defined in Section 
69-2-102
, and
coordination with local substance abuse authorities as described in Section 
17-43-201
, and
local mental health authorities, described in Section 
17-43-301
;
(ii) mitigation of any negative impacts on 911 emergency service from 988 services;
(iii) mobile crisis outreach teams as defined in Section 
62A-15-1401
, distributed in
accordance with rules made by the division in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act;
(iv) behavioral health receiving centers as defined in Section 
62A-15-118
;
(v) stabilization services as described in Section 
62A-1-104
; and
(vi) mental health crisis services provided by local substance abuse authorities as
described in Section 
17-43-201
 and local mental health authorities described in Section
17-43-301
 to provide prolonged mental health services for up to 90 days after the day on which
an individual experiences a mental health crisis.
(3) Subject to appropriations by the Legislature and any contributions to the account
described in Subsection (1)(b), the division may expend funds in the account for administrative
costs that the division incurs related to administering the account.
(4) The division director shall submit and make available to the public a report before
December of each year to the Behavioral Health Crisis Response Commission as defined in
Section 
63C-18-202
, the Social Services Appropriations Subcommittee, and the Legislative
Management Committee that includes:
(a) the amount of each disbursement from the restricted account described in Section
62A-15-120
;
(b) the recipient of each disbursement, the goods and services received, and a
description of the project funded by the disbursement;
(c) any conditions placed by the division on the disbursements from the restricted
account;
(d) the anticipated expenditures from the restricted account described in this chapter
for the next fiscal year;
(e) the amount of any unexpended funds carried forward;
(f) the number of Statewide Mental Health Crisis Line calls received;
(g) the progress towards accomplishing the goals of providing statewide mental health
crisis service; and
(h) other relevant justification for ongoing support from the restricted account.
Section 3. Section 
63C-18-202
 is amended to read:
63C-18-202.
Commission established -- Members.
(1) There is created the Behavioral Health Crisis Response Commission, composed of
the following [
] members:
(a) the executive director of the University Neuropsychiatric Institute;
(b) the governor or the governor's designee;
(c) the director of the Division of Substance Abuse and Mental Health;
(d) one representative of the Office of the Attorney General, appointed by the attorney
general;
(e) one member of the public, appointed by the chair of the commission and approved
by the commission;
(f) two individuals who are mental or behavioral health clinicians licensed to practice
in the state, appointed by the chair of the commission and approved by the commission, at least
one of whom is an individual who:
(i) is licensed as a physician under:
(A) Title 58, Chapter 67, Utah Medical Practice Act;
(B) Title 58, Chapter 67b, Interstate Medical Licensure Compact; or
(C) Title 58, Chapter 68, Utah Osteopathic Medical Practice Act; and
(ii) 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;
(g) one individual who represents a county of the first or second class, appointed by the
Utah Association of Counties;
(h) one individual who represents a county of the third, fourth, or fifth class, appointed
by the Utah Association of Counties;
(i) one individual who represents the Utah Hospital Association, appointed by the chair
of the commission;
(j) one individual who represents law enforcement, appointed by the chair of the
commission;
(k) one individual who has lived with a mental health disorder, appointed by the chair
of the commission;
(l) one individual who represents an integrated health care system that:
(i) is not affiliated with the chair of the commission; and
(ii) provides inpatient behavioral health services and emergency room services to
individuals in the state;
(m) one individual who represents an accountable care organization, as defined in
Section 
26-18-423
, with a statewide membership base;
(n) [
one member
] 
three members
 of the House of Representatives, appointed by the
speaker of the House of Representatives
, no more than two of whom may be from the same
political party
; [
and
]
(o) [
one member
] 
three members
 of the Senate, appointed by the president of the
Senate[
.
]
, no more than two of whom may be from the same political party;
(p) one individual who represents 911 call centers and public safety answering points,
appointed by the chair of the commission;
(q) one individual who represents Emergency Medical Services, appointed by the chair
of the commission;
(r) one individual who represents the mobile wireless service provider industry,
appointed by the chair of the commission;
(s) one individual who represents rural telecommunications providers, appointed by the
chair of the commission;
(t) one individual who represents voice over internet protocol and land line providers,
appointed by the chair of the commission; and
(u) one individual who represents the Utah League of Cities and Towns, appointed by
the chair of the commission.
(2) On December 31, 2022:
(a) the number of members described in Subsection (1)(n) and the number of members
described in Subsection (1)(o) is reduced to one, with no restriction relating to party
membership; and
(b) the members described in Subsections (1)(p) through (u) are removed from the
commission.
[
(2)
] 
(3)
 (a) The executive director of the University Neuropsychiatric Institute is the
chair of the commission.
(b) The chair of the commission shall appoint a member of the commission to serve as
the vice chair of the commission, with the approval of the commission.
(c) The chair of the commission shall set the agenda for each commission meeting.
[
(3)
] 
(4)
 (a) A majority of the members of the commission constitutes a quorum.
(b) The action of a majority of a quorum constitutes the action of the commission.
[
(4)
] 
(5)
 (a) Except as provided in Subsection [
(4)
] 
(5)
(b), a member may not receive
compensation, benefits, per diem, or travel expenses for the member's service on the
commission.
(b) Compensation and expenses of a member who is a legislator are governed by
Section 
36-2-2
 and Legislative Joint Rules, Title 5, Legislative Compensation and Expenses.
[
(5)
] 
(6)
 The Office of the Attorney General shall provide staff support to the
commission.
Section 4. Section 
63C-18-203
 is amended to read:
63C-18-203.
Commission duties -- Reporting requirements.
(1) The commission shall:
(a) identify a method to integrate existing local mental health crisis lines to ensure each
individual who accesses a local mental health crisis line is connected to a qualified mental or
behavioral health professional, regardless of the time, date, or number of individuals trying to
simultaneously access the local mental health crisis line;
(b) study how to establish and implement a statewide mental health crisis line and a
statewide warm line, including identifying:
(i) a statewide phone number or other means for an individual to easily access the
statewide mental health crisis line, including a short code for text messaging and a three-digit
number for calls;
(ii) a statewide phone number or other means for an individual to easily access the
statewide warm line, including a short code for text messaging and a three-digit number for
calls;
(iii) a supply of:
(A) qualified mental or behavioral health professionals to staff the statewide mental
health crisis line; and
(B) qualified mental or behavioral health professionals or certified peer support
specialists to staff the statewide warm line; and
(iv) a funding mechanism to operate and maintain the statewide mental health crisis
line and the statewide warm line;
(c) coordinate with local mental health authorities in fulfilling the commission's duties
described in Subsections (1)(a) and (b); and
(d) recommend standards for the certifications described in Section 
62A-15-1302
.
(2) In preparation for the implementation of the statewide 988 hotline, the commission
shall study and make recommendations regarding:
(a) crisis line practices and needs, including:
(i) quality and timeliness of service;
(ii) service volume projections;
(iii) a statewide assessment of crisis line staffing needs, including required
certifications; and
(iv) a statewide assessment of technology needs;
(b) primary duties performed by crisis line workers;
(c) coordination or redistribution of secondary duties performed by crisis line workers,
including responding to non-emergency calls;
(d) establishing a statewide 988 hotline:
(i) in accordance with federal law;
(ii) that ensures the efficient and effective routing of calls to an appropriate crisis
center; and
(iii) that includes directly responding to calls with trained personnel and the provision
of acute mental health, crisis outreach, and stabilization services;
(e) opportunities to increase operational and technological efficiencies and
effectiveness between 988 and 911, utilizing current technology;
(f) needs for interoperability partnerships and policies related to 911 call transfers and
public safety responses;
(g) standards for statewide mobile crisis outreach teams, including:
(i) current models and projected needs;
(ii) quality and timeliness of service;
(iii) hospital and jail diversions; and
(iv) staffing and certification;
(h) resource centers, including:
(i) current models and projected needs; and
(ii) quality and timeliness of service;
(i) policy considerations related to whether the state should:
(i) manage, operate, and pay for a complete behavioral health system; or
(ii) create partnerships with private industry; and
(j) sustainable funding source alternatives, including:
(i) charging a 988 fee, including a recommendation on the fee amount;
(ii) General Fund appropriations;
(iii) other government funding options;
(iv) private funding sources;
(v) grants;
(vi) insurance partnerships, including coverage for support and treatment after initial
call and triage; and
(vii) other funding resources.
(3) The commission shall:
(a) before December 31, 2021, present an initial report on the matters described in
Subsection (2), including any proposed legislation, to the Executive Appropriations
Committee; and
(b) before December 31, 2022, present a final report on the items described in
Subsection (2), including any proposed legislation, to the Executive Appropriations
Committee.
(4) The duties described in Subsection (2) are removed on December 31, 2022.
[
(2)
] 
(5)
 The commission may conduct other business related to the commission's
duties described in [
Subsection (1)
] 
this section
.
[
(3)
] 
(6)
 The commission shall consult with the Division of Substance Abuse and
Mental Health regarding the standards and operation of the statewide mental health crisis line
and the statewide warm line, in accordance with Title 62A, Chapter 15, Part 13, Statewide
Mental Health Crisis Line and Statewide Warm Line.
Section 5. 
Appropriation.
The following sums of money are appropriated for the fiscal year beginning July 1,
2020, and ending June 30, 2021. These are additions to amounts previously appropriated for
fiscal year 2021. 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 Legislature - Senate
From General Fund, One-time
$1,600
Schedule of Programs:
Administration $1,600
ITEM 2 To Legislature - House of Representatives
From General Fund, One-time
$1,600
Schedule of Programs:
Administration $1,600
ITEM 3 To Attorney General - Attorney General
From General Fund, One-time
$1,000
Schedule of Programs:
Administration $1,000
ITEM 4 To Department of Human Services - Division of Substance Abuse and Mental Health
From General Fund, One-time
$2,451,800
Schedule of Programs:
Community Mental Health Services $2,451,800
ITEM 5 To University of Utah - School of Medicine
From Education Fund, One-time
($600,000)
Schedule of Programs:
School of Medicine ($600,000)
(1) The Legislature intends that appropriations in Items 1, 2, and 3 be used for
expenses relating to the Behavioral Health Crisis Response Commission created in Section
63C-18-202
.
(2) The Legislature intends that the appropriations in Item 4 be used for expenses
related to:
(a) the statewide behavioral health crisis line and warm line, described in Title 62A,
Chapter 15, Part 13, Statewide Mental Health Crisis Line and Statewide Warm Line; and
(b) SafeUT, described in Title 53B, Chapter 17, Part 12, SafeUT Crisis Line.
(3) Under Section 
63J-1-603
, the Legislature intends that the above appropriations not
lapse at the close of fiscal year 2021. The use of any nonlapsing funds is limited to the
purposes described in Subsections (1) and (2).
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 6 To Legislature - Senate
From General Fund, One-time
$6,400
Schedule of Programs:
Administration $6,400
ITEM 7 To Legislature - House of Representatives
From General Fund, One-time
$6,400
Schedule of Programs:
Administration $6,400
ITEM 8 To Attorney General - Attorney General
From General Fund, One-time
$3,000
Schedule of Programs:
Administration $3,000
ITEM 9 To Department of Human Services - Division of Substance Abuse and Mental Health
From General Fund
$1,851,800
Schedule of Programs:
Community Mental Health Services $1,851,800
(1) The Legislature intends that the appropriations in Items 6, 7, and 8 be used for
expenses relating to the Behavioral Health Crisis Response Commission created in Section
63C-18-202
.
(2) The Legislature intends that the appropriations in Item 9 be used for expenses
related to:
(a) the statewide behavioral health crisis line and warm line, described in Title 62A,
Chapter 15, Part 13, Statewide Mental Health Crisis Line and Statewide Warm Line; and
(b) SafeUT, described in Title 53B, Chapter 17, Part 12, SafeUT Crisis Line.
(3) Under Section 
63J-1-603
, the Legislature intends that the above appropriations not
lapse at the close of fiscal year 2022. The use of any nonlapsing funds is limited to the
purposes described in Subsections (1) and (2).
Section 6. 
Effective date.
If approved by two-thirds of all the members elected to each house, this bill takes effect
upon approval by the governor, or the day following the constitutional time limit of Utah
Constitution, Article VII, Section 8, without the governor's signature, or in the case of a veto,
the date of veto override.