Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 45 Third Substitute (2022GS)

Sponsor

Sen. Anderegg, J.

Final action

Governor Signed 3/23/2022

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• implements the reorganization of the Department of Health and Human Services;
• specifies the duties and responsibilities of the newly combined agency;
• harmonizes conflicting provisions of the Utah Health Code and the Utah Human Services Code;
• amends the responsibilities of the Department of Workforce Services;
• updates cross references throughout the Utah Code; and
• makes technical and corresponding changes.

Every vote on this bill

Bill text

DEPARTMENT OF HEALTH AND HUMAN SERVICES
AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Jacob L. Anderegg
House Sponsor: 
Norman K. Thurston
LONG TITLE
General Description:
This bill implements the reorganization of the Department of Health and Human
Services.
Highlighted Provisions:
This bill:
▸ implements the reorganization of the Department of Health and Human Services;
▸ specifies the duties and responsibilities of the newly combined agency;
▸ harmonizes conflicting provisions of the Utah Health Code and the Utah Human
Services Code;
▸ amends the responsibilities of the Department of Workforce Services;
▸ updates cross references throughout the Utah Code; and
▸ makes technical and corresponding changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides a special effective date.
This bill provides revisor instructions.
Utah Code Sections Affected:
AMENDS:
10-8-41.6
, as last amended by Laws of Utah 2021, Chapter 348
17-43-102
, as last amended by Laws of Utah 2009, Chapter 75
17-43-201
, as last amended by Laws of Utah 2018, Chapter 68
17-43-301
, as last amended by Laws of Utah 2020, Chapter 303
17-50-333
, as last amended by Laws of Utah 2021, Chapter 348
26-1-2
, as last amended by Laws of Utah 2012, Chapter 391
26-1-10
, as last amended by Laws of Utah 2021, Chapter 437
26-1-11
, as last amended by Laws of Utah 2011, Chapter 297
26-2-12.5
, as last amended by Laws of Utah 2010, Chapter 278
26-2-12.6
, as last amended by Laws of Utah 2021, Chapter 284
26-4-17
, as last amended by Laws of Utah 2020, Chapter 201
26-7-10
, as enacted by Laws of Utah 2020, Chapter 347
26-8a-102
, as last amended by Laws of Utah 2021, Chapters 208, 237, and 265
26-8a-103
, as last amended by Laws of Utah 2021, Chapters 208 and 237
26-8a-107
, as last amended by Laws of Utah 2019, Chapter 262
26-8a-208
, as last amended by Laws of Utah 2017, Chapter 326
26-8a-302
, as last amended by Laws of Utah 2021, Chapters 208 and 237
26-8a-310
, as last amended by Laws of Utah 2021, Chapters 237 and 262
26-9f-103
, as last amended by Laws of Utah 2020, Chapter 352
26-10-6
, as last amended by Laws of Utah 2018, Chapter 415
26-10b-101
, as last amended by Laws of Utah 2014, Chapter 384
26-10b-106
, as last amended by Laws of Utah 2016, Chapter 74
26-18-2.4
, as last amended by Laws of Utah 2016, Chapters 168 and 279
26-21-2
, as last amended by Laws of Utah 2020, Chapter 222
26-21-3
, as last amended by Laws of Utah 2021, Chapter 64
26-23b-102
, as last amended by Laws of Utah 2021, Chapter 437
26-25-1
, as last amended by Laws of Utah 2008, Chapter 3
26-33a-102
, as last amended by Laws of Utah 2019, Chapter 349
26-33a-103
, as last amended by Laws of Utah 2020, Chapters 352 and 373
26-39-102
, as last amended by Laws of Utah 2015, Chapter 220
26-39-200
, as last amended by Laws of Utah 2020, Chapters 154 and 352
26-39-201
, as last amended by Laws of Utah 2020, Chapter 154
26-39-301
, as last amended by Laws of Utah 2018, Chapter 58
26-39-402
, as last amended by Laws of Utah 2018, Chapter 415
26-49-102
, as last amended by Laws of Utah 2021, Chapter 188
26-54-103
, as last amended by Laws of Utah 2019, Chapter 405
26-60-104
, as enacted by Laws of Utah 2017, Chapter 241
26-67-102
, as last amended by Laws of Utah 2020, Fifth Special Session, Chapter 4
26-67-202
, as enacted by Laws of Utah 2020, Chapter 169
26A-1-102
, as last amended by Laws of Utah 2021, Chapter 437
26A-1-121
, as last amended by Laws of Utah 2021, Chapter 437
26B-1-102
, as enacted by Laws of Utah 2021, Chapter 422
26B-1-103
, as enacted by Laws of Utah 2021, Chapter 422
26B-1-201
, as enacted by Laws of Utah 2021, Chapter 422
26B-1-201.1
, as enacted by Laws of Utah 2021, Chapter 422
32B-2-308
, as enacted by Laws of Utah 2020, Chapter 186
32B-2-402
, as last amended by Laws of Utah 2018, Chapter 330
35A-3-103
 (Effective 07/01/22)
, as last amended by Laws of Utah 2021, Chapter 422
41-1a-422
, as last amended by Laws of Utah 2021, Chapters 219, 280, and 378
53-3-106
, as last amended by Laws of Utah 2018, Chapter 417
53-5-707.6
, as enacted by Laws of Utah 2019, Chapter 440
53-10-108
, as last amended by Laws of Utah 2021, Chapters 344 and 357
53G-9-301
, as last amended by Laws of Utah 2019, Chapter 293
53G-9-309
, as renumbered and amended by Laws of Utah 2018, Chapter 3
58-1-601
, as enacted by Laws of Utah 2019, Chapter 447
58-17b-620
, as last amended by Laws of Utah 2012, Chapter 150
58-17b-627
, as enacted by Laws of Utah 2021, Chapter 127
58-17b-902
, as last amended by Laws of Utah 2021, Chapter 397
58-17b-907
, as last amended by Laws of Utah 2021, Chapter 397
62A-1-104
, as last amended by Laws of Utah 2020, Chapter 303
62A-1-107
, as last amended by Laws of Utah 2020, Chapters 352 and 373
62A-2-121
, as last amended by Laws of Utah 2021, Chapter 262
62A-4a-412
, as last amended by Laws of Utah 2021, Chapters 29, 231, 262, and 419
62A-14-108
, as last amended by Laws of Utah 2008, Chapter 382
62A-15-102
, as last amended by Laws of Utah 2020, Chapter 303
62A-15-103
, as last amended by Laws of Utah 2021, Chapters 231 and 277
62A-15-104
, as last amended by Laws of Utah 2009, Chapter 75
63A-13-102
, as last amended by Laws of Utah 2019, Chapters 286 and 393
63I-1-226
, as last amended by Laws of Utah 2021, Chapters 13, 50, 64, 163, 182, 234,
and 417
63I-2-226
, as last amended by Laws of Utah 2021, Chapters 277, 422, and 433
63J-1-315
, as last amended by Laws of Utah 2019, Chapter 393
63J-1-602.1
, as last amended by Laws of Utah 2021, Chapters 280, 382, 401, and 438
63M-7-301
, as last amended by Laws of Utah 2020, Chapter 304
67-3-11
, as last amended by Laws of Utah 2021, Chapter 337
76-5-413
, as last amended by Laws of Utah 2021, Chapter 262
76-5-501
, as last amended by Laws of Utah 2015, Chapter 39
78B-5-902
, as last amended by Laws of Utah 2021, Chapter 208
78B-5-903
, as enacted by Laws of Utah 2018, Chapter 109
80-1-102
, as last amended by Laws of Utah 2021, First Special Session, Chapter 2
80-3-404
, as renumbered and amended by Laws of Utah 2021, Chapter 261
80-5-102
, as enacted by Laws of Utah 2021, Chapter 261
ENACTS:
26B-1-305
, Utah Code Annotated 1953
26B-2-101
, Utah Code Annotated 1953
26B-3-101
, Utah Code Annotated 1953
26B-4-101
, Utah Code Annotated 1953
26B-5-101
, Utah Code Annotated 1953
26B-6-101
, Utah Code Annotated 1953
26B-7-101
, Utah Code Annotated 1953
26B-8-101
, Utah Code Annotated 1953
26B-9-101
, Utah Code Annotated 1953
RENUMBERS AND AMENDS:
26B-1-104
, (Renumbered from 26-1-32, as last amended by Laws of Utah 2011,
Chapter 297)
26B-1-105
, (Renumbered from 26-1-33, as enacted by Laws of Utah 1981, Chapter
126)
26B-1-202
, (Renumbered from 62A-1-111, as last amended by Laws of Utah 2021,
Chapters 22 and 262)
26B-1-203
, (Renumbered from 62A-1-108, as last amended by Laws of Utah 2020,
Chapter 352)
26B-1-204
, (Renumbered from 62A-1-105, as last amended by Laws of Utah 2019,
Chapters 139 and 246)
26B-1-205
, (Renumbered from 62A-1-109, as last amended by Laws of Utah 2021,
Chapter 345)
26B-1-206
, (Renumbered from 62A-1-107.5, as enacted by Laws of Utah 2003,
Chapter 246)
26B-1-207
, (Renumbered from 26-1-4, as last amended by Laws of Utah 2013, Chapter
167)
26B-1-208
, (Renumbered from 62A-1-112, as last amended by Laws of Utah 2008,
Chapter 382)
26B-1-209
, (Renumbered from 26-1-6, as last amended by Laws of Utah 2018, Chapter
469)
26B-1-210
, (Renumbered from 62A-1-113, as enacted by Laws of Utah 1988, Chapter
1)
26B-1-211
, (Renumbered from 26-1-17.1, as enacted by Laws of Utah 2018, Chapter
427)
26B-1-212
, (Renumbered from 26-1-17.5, as last amended by Laws of Utah 2018,
Chapter 415)
26B-1-213
, (Renumbered from 26-1-5, as last amended by Laws of Utah 2016, Chapter
74)
26B-1-301
, (Renumbered from 26-1-16, as enacted by Laws of Utah 1981, Chapter
126)
26B-1-302
, (Renumbered from 62A-1-202, as last amended by Laws of Utah 2021,
Chapter 356)
26B-1-303
, (Renumbered from 62A-1-119, as last amended by Laws of Utah 2016,
Chapter 168)
26B-1-304
, (Renumbered from 26-1-34, as enacted by Laws of Utah 1998, Chapter
247)
REPEALS:
26-1-1
, as enacted by Laws of Utah 1981, Chapter 126
26-1-3
, as last amended by Laws of Utah 1991, Chapter 112
26-1-4.1
, as last amended by Laws of Utah 2008, Chapter 382
26-1-7
, as last amended by Laws of Utah 2020, Chapters 169 and 347
26-1-7.1
, as last amended by Laws of Utah 2008, Chapter 382
26-1-8
, as last amended by Laws of Utah 2020, Chapter 352
26-1-9
, as last amended by Laws of Utah 2020, Sixth Special Session, Chapter 16
26-1-13
, as enacted by Laws of Utah 1981, Chapter 126
26-1-14
, as last amended by Laws of Utah 1988, Chapter 169
26-1-15
, as enacted by Laws of Utah 1981, Chapter 126
26-1-17
, as enacted by Laws of Utah 1981, Chapter 126
26-1-18
, as last amended by Laws of Utah 2011, Chapter 366
26-1-20
, as enacted by Laws of Utah 1981, Chapter 126
26-1-21
, as last amended by Laws of Utah 2011, Chapter 207
26-1-22
, as enacted by Laws of Utah 1981, Chapter 126
26-1-23
, as last amended by Laws of Utah 2012, Chapter 307
26-1-24
, as enacted by Laws of Utah 1981, Chapter 126
26-1-25
, as last amended by Laws of Utah 2011, Chapter 297
26-1-30
, as last amended by Laws of Utah 2021, Chapters 378 and 437
26B-1-101
, as enacted by Laws of Utah 2021, Chapter 422
62A-1-101
, as last amended by Laws of Utah 1992, Chapter 30
62A-1-102
, as last amended by Laws of Utah 1990, Chapter 183
62A-1-106
, as last amended by Laws of Utah 2008, Chapter 382
62A-1-110
, as last amended by Laws of Utah 1991, Chapter 292
62A-1-114
, as last amended by Laws of Utah 1997, Chapter 375
62A-1-118
, as last amended by Laws of Utah 2019, Chapter 335
62A-5-304
, as last amended by Laws of Utah 2011, Chapter 366
Utah Code Sections Affected by Revisor Instructions:
26B-1-103
, as enacted by Laws of Utah 2021, Chapter 422
26B-1-201
, as enacted by Laws of Utah 2021, Chapter 422
26B-1-201.1
, as enacted by Laws of Utah 2021, Chapter 422
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
10-8-41.6
 is amended to read:
10-8-41.6.
Regulation of retail tobacco specialty business.
(1) As used in this section:
(a) "Community location" means:
(i) a public or private kindergarten, elementary, middle, junior high, or high school;
(ii) a licensed child-care facility or preschool;
(iii) a trade or technical school;
(iv) a church;
(v) a public library;
(vi) a public playground;
(vii) a public park;
(viii) a youth center or other space used primarily for youth oriented activities;
(ix) a public recreational facility;
(x) a public arcade; or
(xi) for a new license issued on or after July 1, 2018, a homeless shelter.
(b) "Department" means the Department of Health[
,
] 
and Human Services
 created in
Section [
26-1-4
] 
26B-1-201
.
(c) "Electronic cigarette product" means the same as that term is defined in Section
76-10-101
.
(d) "Flavored electronic cigarette product" means the same as that term is defined in
Section 
76-10-101
.
(e) "Licensee" means a person licensed under this section to conduct business as a
retail tobacco specialty business.
(f) "Local health department" means the same as that term is defined in Section
26A-1-102
.
(g) "Nicotine product" means the same as that term is defined in Section 
76-10-101
.
(h) "Retail tobacco specialty business" means a commercial establishment in which:
(i) sales of tobacco products, electronic cigarette products, and nicotine products
account for more than 35% of the total quarterly gross receipts for the establishment;
(ii) 20% or more of the public retail floor space is allocated to the offer, display, or
storage of tobacco products, electronic cigarette products, or nicotine products;
(iii) 20% or more of the total shelf space is allocated to the offer, display, or storage of
tobacco products, electronic cigarette products, or nicotine products;
(iv) the commercial establishment:
(A) holds itself out as a retail tobacco specialty business; and
(B) causes a reasonable person to believe the commercial establishment is a retail
tobacco specialty business;
(v) any flavored electronic cigarette product is sold; or
(vi) the retail space features a self-service display for tobacco products, electronic
cigarette products, or nicotine products.
(i) "Self-service display" means the same as that term is defined in Section
76-10-105.1
.
(j) "Tobacco product" means:
(i) a tobacco product as defined in Section 
76-10-101
; or
(ii) tobacco paraphernalia as defined in Section 
76-10-101
.
(2) The regulation of a retail tobacco specialty business is an exercise of the police
powers of the state by the state or by delegation of the state's police powers to other
governmental entities.
(3) (a) A person may not operate a retail tobacco specialty business in a municipality
unless the person obtains a license from the municipality in which the retail tobacco specialty
business is located.
(b) A municipality may only issue a retail tobacco specialty business license to a
person if the person complies with the provisions of Subsections (4) and (5).
(4) (a) Except as provided in Subsection (7), a municipality may not issue a license for
a person to conduct business as a retail tobacco specialty business if the retail tobacco specialty
business is located within:
(i) 1,000 feet of a community location;
(ii) 600 feet of another retail tobacco specialty business; or
(iii) 600 feet from property used or zoned for:
(A) agriculture use; or
(B) residential use.
(b) For purposes of Subsection (4)(a), the proximity requirements shall be measured in
a straight line from the nearest entrance of the retail tobacco specialty business to the nearest
property boundary of a location described in Subsections (4)(a)(i) through (iii), without regard
to intervening structures or zoning districts.
(5) A municipality may not issue or renew a license for a person to conduct business as
a retail tobacco specialty business until the person provides the municipality with proof that the
retail tobacco specialty business has:
(a) a valid permit for a retail tobacco specialty business issued under Title 26, Chapter
62, Tobacco, Electronic Cigarette, and Nicotine Product Retail Permit, by the local health
department having jurisdiction over the area in which the retail tobacco specialty business is
located; and
(b) (i) for a retailer that sells a tobacco product, a valid license issued by the State Tax
Commission in accordance with Section 
59-14-201
 or 
59-14-301
 to sell a tobacco product; and
(ii) for a retailer that sells an electronic cigarette product or a nicotine product, a valid
license issued by the State Tax Commission in accordance with Section 
59-14-803
 to sell an
electronic cigarette product or a nicotine product.
(6) (a) Nothing in this section:
(i) requires a municipality to issue a retail tobacco specialty business license; or
(ii) prohibits a municipality from adopting more restrictive requirements on a person
seeking a license or renewal of a license to conduct business as a retail tobacco specialty
business.
(b) A municipality may suspend or revoke a retail tobacco specialty business license
issued under this section:
(i) if a licensee engages in a pattern of unlawful activity under Title 76, Chapter 10,
Part 16, Pattern of Unlawful Activity Act;
(ii) if a licensee violates federal law or federal regulations restricting the sale and
distribution of tobacco products or electronic cigarette products to protect children and
adolescents;
(iii) upon the recommendation of the department or a local health department under
Title 26, Chapter 62, Tobacco, Electronic Cigarette, and Nicotine Product Retail Permit; or
(iv) under any other provision of state law or local ordinance.
(7) (a) A retail tobacco specialty business is exempt from Subsection (4) if:
(i) on or before December 31, 2018, the retail tobacco specialty business was issued a
license to conduct business as a retail tobacco specialty business;
(ii) the retail tobacco specialty business is operating in a municipality in accordance
with all applicable laws except for the requirement in Subsection (4); and
(iii) beginning July 1, 2022, the retail tobacco specialty business is not located within
1,000 feet of a public or private kindergarten, elementary, middle, junior high, or high school.
(b) A retail tobacco specialty business may maintain an exemption under Subsection
(7)(a) if:
(i) the license described in Subsection (7)(a)(i) is renewed continuously without lapse
or permanent revocation;
(ii) the retail tobacco specialty business does not close for business or otherwise
suspend the sale of tobacco products, electronic cigarette products, or nicotine products for
more than 60 consecutive days;
(iii) the retail tobacco specialty business does not substantially change the business
premises or business operation; and
(iv) the retail tobacco specialty business maintains the right to operate under the terms
of other applicable laws, including:
(A) Title 26, Chapter 38, Utah Indoor Clean Air Act;
(B) zoning ordinances;
(C) building codes; and
(D) the requirements of the license described in Subsection (7)(a)(i).
(c) A retail tobacco specialty business that does not qualify for an exemption under
Subsection (7)(a) is exempt from Subsection (4) if:
(i) on or before December 31, 2018, the retail tobacco specialty business was issued a
general tobacco retailer permit or a retail tobacco specialty business permit under Title 26,
Chapter 62, Tobacco, Electronic Cigarette, and Nicotine Product Retail Permit, by the local
health department having jurisdiction over the area in which the retail tobacco specialty
business is located;
(ii) the retail tobacco specialty business is operating in the municipality in accordance
with all applicable laws except for the requirement in Subsection (4); and
(iii) beginning July 1, 2022, the retail tobacco specialty business is not located within
1,000 feet of a public or private kindergarten, elementary, middle, junior high, or high school.
(d) Except as provided in Subsection (7)(e), a retail tobacco specialty business may
maintain an exemption under Subsection (7)(c) if:
(i) on or before December 31, 2020, the retail tobacco specialty business receives a
retail tobacco specialty business permit from the local health department having jurisdiction
over the area in which the retail tobacco specialty business is located;
(ii) the permit described in Subsection (7)(d)(i) is renewed continuously without lapse
or permanent revocation;
(iii) the retail tobacco specialty business does not close for business or otherwise
suspend the sale of tobacco products, electronic cigarette products, or nicotine products for
more than 60 consecutive days;
(iv) the retail tobacco specialty business does not substantially change the business
premises or business operation as the business existed when the retail tobacco specialty
business received a permit under Subsection (7)(d)(i); and
(v) the retail tobacco specialty business maintains the right to operate under the terms
of other applicable laws, including:
(A) Title 26, Chapter 38, Utah Indoor Clean Air Act;
(B) zoning ordinances;
(C) building codes; and
(D) the requirements of the retail tobacco permit described in Subsection (7)(d)(i).
(e) A retail tobacco specialty business described in Subsection (7)(a) or (b) that is
located within 1,000 feet of a public or private kindergarten, elementary, middle, junior high,
or high school before July 1, 2022, is exempt from Subsection (4)(a)(iii)(B) if the retail tobacco
specialty business:
(i) relocates, before July 1, 2022, to a property that is used or zoned for commercial use
and located within a group of architecturally unified commercial establishments built on a site
that is planned, developed, owned, and managed as an operating unit; and
(ii) continues to meet the requirements described in Subsection (7)(b) that are not
directly related to the relocation described in this Subsection (7)(e).
Section 2. Section 
17-43-102
 is amended to read:
17-43-102.
Definitions.
As used in this chapter:
(1) "Department" means the Department of 
Health and
 Human Services created in
Section [
62A-1-102
] 
26B-1-201
.
(2) "Division" means the Division of [
Substance Abuse and Mental Health created
]
Integrated Healthcare
 within the [
Department of Human Services in Section 
62A-1-105
]
department
.
Section 3. Section 
17-43-201
 is amended to read:
17-43-201.
Local substance abuse authorities -- Responsibilities.
(1) (a) (i) In each county operating under a county executive-council form of
government under Section 
17-52a-203
, the county legislative body is the local substance abuse
authority, provided however that any contract for plan services shall be administered by the
county executive.
(ii) In each county operating under a council-manager form of government under
Section 
17-52a-204
, the county manager is the local substance abuse authority.
(iii) In each county other than a county described in Subsection (1)(a)(i) or (ii), the
county legislative body is the local substance abuse authority.
(b) Within legislative appropriations and county matching funds required by this
section, and under the direction of the division, each local substance abuse authority shall:
(i) develop substance abuse prevention and treatment services plans;
(ii) provide substance abuse services to residents of the county; and
(iii) cooperate with efforts of the [
Division of Substance Abuse and Mental Health
]
division
 to promote integrated programs that address an individual's substance abuse, mental
health, and physical healthcare needs, as described in Section 
62A-15-103
.
(c) Within legislative appropriations and county matching funds required by this
section, each local substance abuse authority shall cooperate with the efforts of the
[
Department of Human Services
] 
department
 to promote a system of care, as defined in Section
[
62A-1-104
] 
26B-1-102
, for minors with or at risk for complex emotional and behavioral
needs, as described in Section [
62A-1-111
] 
26B-1-202
.
(2) (a) By executing an interlocal agreement under Title 11, Chapter 13, Interlocal
Cooperation Act, two or more counties may join to:
(i) provide substance abuse prevention and treatment services; or
(ii) create a united local health department that provides substance abuse treatment
services, mental health services, and local health department services in accordance with
Subsection (3).
(b) The legislative bodies of counties joining to provide services may establish
acceptable ways of apportioning the cost of substance abuse services.
(c) Each agreement for joint substance abuse services shall:
(i) (A) designate the treasurer of one of the participating counties or another person as
the treasurer for the combined substance abuse authorities and as the custodian of money
available for the joint services; and
(B) provide that the designated treasurer, or other disbursing officer authorized by the
treasurer, may make payments from the money for the joint services upon audit of the
appropriate auditing officer or officers representing the participating counties;
(ii) provide for the appointment of an independent auditor or a county auditor of one of
the participating counties as the designated auditing officer for the combined substance abuse
authorities;
(iii) (A) provide for the appointment of the county or district attorney of one of the
participating counties as the designated legal officer for the combined substance abuse
authorities; and
(B) authorize the designated legal officer to request and receive the assistance of the
county or district attorneys of the other participating counties in defending or prosecuting
actions within their counties relating to the combined substance abuse authorities; and
(iv) provide for the adoption of management, clinical, financial, procurement,
personnel, and administrative policies as already established by one of the participating
counties or as approved by the legislative body of each participating county or interlocal board.
(d) An agreement for joint substance abuse services may provide for joint operation of
services and facilities or for operation of services and facilities under contract by one
participating local substance abuse authority for other participating local substance abuse
authorities.
(3) A county governing body may elect to combine the local substance abuse authority
with the local mental health authority created in Part 3, Local Mental Health Authorities, and
the local health department created in Title 26A, Chapter 1, Part 1, Local Health Department
Act, to create a united local health department under Section 
26A-1-105.5
. A local substance
abuse authority that joins a united local health department shall comply with this part.
(4) (a) Each local substance abuse authority is accountable to the department[
, the
Department of Health,
] and the state with regard to the use of state and federal funds received
from those departments for substance abuse services, regardless of whether the services are
provided by a private contract provider.
(b) Each local substance abuse authority shall comply, and require compliance by its
contract provider, with all directives issued by the department [
and the Department of Health
]
regarding the use and expenditure of state and federal funds received from those departments
for the purpose of providing substance abuse programs and services. The department [
and
Department of Health
] shall ensure that those directives are not duplicative or conflicting, and
shall consult and coordinate with local substance abuse authorities with regard to programs and
services.
(5) Each local substance abuse authority shall:
(a) review and evaluate substance abuse prevention and treatment needs and services,
including substance abuse needs and services for individuals incarcerated in a county jail or
other county correctional facility;
(b) annually prepare and submit to the division a plan approved by the county
legislative body for funding and service delivery that includes:
(i) provisions for services, either directly by the substance abuse authority or by
contract, for adults, youth, and children, including those incarcerated in a county jail or other
county correctional facility; and
(ii) primary prevention, targeted prevention, early intervention, and treatment services;
(c) establish and maintain, either directly or by contract, programs licensed under Title
62A, Chapter 2, Licensure of Programs and Facilities;
(d) appoint directly or by contract a full or part time director for substance abuse
programs, and prescribe the director's duties;
(e) provide input and comment on new and revised rules established by the division;
(f) establish and require contract providers to establish administrative, clinical,
procurement, personnel, financial, and management policies regarding substance abuse services
and facilities, in accordance with the rules of the division, and state and federal law;
(g) establish mechanisms allowing for direct citizen input;
(h) annually contract with the division to provide substance abuse programs and
services in accordance with the provisions of Title 62A, Chapter 15, Substance Abuse and
Mental Health Act;
(i) comply with all applicable state and federal statutes, policies, audit requirements,
contract requirements, and any directives resulting from those audits and contract requirements;
(j) promote or establish programs for the prevention of substance abuse within the
community setting through community-based prevention programs;
(k) provide funding equal to at least 20% of the state funds that it receives to fund
services described in the plan;
(l) comply with the requirements and procedures of Title 11, Chapter 13, Interlocal
Cooperation Act, Title 17B, Chapter 1, Part 6, Fiscal Procedures for Local Districts, and Title
51, Chapter 2a, Accounting Reports from Political Subdivisions, Interlocal Organizations, and
Other Local Entities Act;
(m) for persons convicted of driving under the influence in violation of Section
41-6a-502
 or 
41-6a-517
, conduct the following as defined in Section 
41-6a-501
:
(i) a screening;
(ii) an assessment;
(iii) an educational series; and
(iv) substance abuse treatment; and
(n) utilize proceeds of the accounts described in Subsection 
62A-15-503
(1) to
supplement the cost of providing the services described in Subsection (5)(m).
(6) Before disbursing any public funds, each local substance abuse authority shall
require that each entity that receives any public funds from the local substance abuse authority
agrees in writing that:
(a) the entity's financial records and other records relevant to the entity's performance
of the services provided to the local substance abuse authority shall be subject to examination
by:
(i) the division;
(ii) the local substance abuse authority director;
(iii) (A) the county treasurer and county or district attorney; or
(B) if two or more counties jointly provide substance abuse services under an
agreement under Subsection (2), the designated treasurer and the designated legal officer;
(iv) the county legislative body; and
(v) in a county with a county executive that is separate from the county legislative
body, the county executive;
(b) the county auditor may examine and audit the entity's financial and other records
relevant to the entity's performance of the services provided to the local substance abuse
authority; and
(c) the entity will comply with the provisions of Subsection (4)(b).
(7) A local substance abuse authority may receive property, grants, gifts, supplies,
materials, contributions, and any benefit derived therefrom, for substance abuse services. If
those gifts are conditioned upon their use for a specified service or program, they shall be so
used.
(8) (a) As used in this section, "public funds" means the same as that term is defined in
Section 
17-43-203
.
(b) Public funds received for the provision of services pursuant to the local substance
abuse plan may not be used for any other purpose except those authorized in the contract
between the local substance abuse authority and the provider for the provision of plan services.
(9) Subject to the requirements of the federal Substance Abuse Prevention and
Treatment Block Grant, Pub. L. No. 102-321, a local substance abuse authority shall ensure
that all substance abuse treatment programs that receive public funds:
(a) accept and provide priority for admission to a pregnant woman or a pregnant minor;
and
(b) if admission of a pregnant woman or a pregnant minor is not possible within 24
hours of the time that a request for admission is made, provide a comprehensive referral for
interim services that:
(i) are accessible to the pregnant woman or pregnant minor;
(ii) are best suited to provide services to the pregnant woman or pregnant minor;
(iii) may include:
(A) counseling;
(B) case management; or
(C) a support group; and
(iv) shall include a referral for:
(A) prenatal care; and
(B) counseling on the effects of alcohol and drug use during pregnancy.
(10) If a substance abuse treatment program described in Subsection (9) is not able to
accept and admit a pregnant woman or pregnant minor under Subsection (9) within 48 hours of
the time that request for admission is made, the local substance abuse authority shall contact
the Division of [
Substance Abuse and Mental Health
] 
Integrated Healthcare
 for assistance in
providing services to the pregnant woman or pregnant minor.
Section 4. Section 
17-43-301
 is amended to read:
17-43-301.
Local mental health authorities -- Responsibilities.
(1) As used in this section:
(a) "Assisted outpatient treatment" means the same as that term is defined in Section
62A-15-602
.
(b) "Crisis worker" means the same as that term is defined in Section 
62A-15-1301
.
(c) "Local mental health crisis line" means the same as that term is defined in Section
62A-15-1301
.
(d) "Mental health therapist" means the same as that term is defined in Section
58-60-102
.
(e) "Public funds" means the same as that term is defined in Section 
17-43-303
.
(f) "Statewide mental health crisis line" means the same as that term is defined in
Section 
62A-15-1301
.
(2) (a) (i) In each county operating under a county executive-council form of
government under Section 
17-52a-203
, the county legislative body is the local mental health
authority, provided however that any contract for plan services shall be administered by the
county executive.
(ii) In each county operating under a council-manager form of government under
Section 
17-52a-204
, the county manager is the local mental health authority.
(iii) In each county other than a county described in Subsection (2)(a)(i) or (ii), the
county legislative body is the local mental health authority.
(b) Within legislative appropriations and county matching funds required by this
section, under the direction of the division, each local mental health authority shall:
(i) provide mental health services to individuals within the county; and
(ii) cooperate with efforts of the [
Division of Substance Abuse and Mental Health
]
division
 to promote integrated programs that address an individual's substance abuse, mental
health, and physical healthcare needs, as described in Section 
62A-15-103
.
(c) Within legislative appropriations and county matching funds required by this
section, each local mental health authority shall cooperate with the efforts of the [
Department
of Human Services
] 
department
 to promote a system of care, as defined in Section [
62A-1-104
]
26B-1-102
, for minors with or at risk for complex emotional and behavioral needs, as
described in Section [
62A-1-111
] 
26B-1-202
.
(3) (a) By executing an interlocal agreement under Title 11, Chapter 13, Interlocal
Cooperation Act, two or more counties may join to:
(i) provide mental health prevention and treatment services; or
(ii) create a united local health department that combines substance abuse treatment
services, mental health services, and local health department services in accordance with
Subsection (4).
(b) The legislative bodies of counties joining to provide services may establish
acceptable ways of apportioning the cost of mental health services.
(c) Each agreement for joint mental health services shall:
(i) (A) designate the treasurer of one of the participating counties or another person as
the treasurer for the combined mental health authorities and as the custodian of money
available for the joint services; and
(B) provide that the designated treasurer, or other disbursing officer authorized by the
treasurer, may make payments from the money available for the joint services upon audit of the
appropriate auditing officer or officers representing the participating counties;
(ii) provide for the appointment of an independent auditor or a county auditor of one of
the participating counties as the designated auditing officer for the combined mental health
authorities;
(iii) (A) provide for the appointment of the county or district attorney of one of the
participating counties as the designated legal officer for the combined mental health
authorities; and
(B) authorize the designated legal officer to request and receive the assistance of the
county or district attorneys of the other participating counties in defending or prosecuting
actions within their counties relating to the combined mental health authorities; and
(iv) provide for the adoption of management, clinical, financial, procurement,
personnel, and administrative policies as already established by one of the participating
counties or as approved by the legislative body of each participating county or interlocal board.
(d) An agreement for joint mental health services may provide for:
(i) joint operation of services and facilities or for operation of services and facilities
under contract by one participating local mental health authority for other participating local
mental health authorities; and
(ii) allocation of appointments of members of the mental health advisory council
between or among participating counties.
(4) A county governing body may elect to combine the local mental health authority
with the local substance abuse authority created in Part 2, Local Substance Abuse Authorities,
and the local health department created in Title 26A, Chapter 1, Part 1, Local Health
Department Act, to create a united local health department under Section 
26A-1-105.5
. A local
mental health authority that joins with a united local health department shall comply with this
part.
(5) (a) Each local mental health authority is accountable to the department[
, the
Department of Health,
] and the state with regard to the use of state and federal funds received
from those departments for mental health services, regardless of whether the services are
provided by a private contract provider.
(b) Each local mental health authority shall comply, and require compliance by its
contract provider, with all directives issued by the department [
and the Department of Health
]
regarding the use and expenditure of state and federal funds received from those departments
for the purpose of providing mental health programs and services. The department [
and
Department of Health
] shall ensure that those directives are not duplicative or conflicting, and
shall consult and coordinate with local mental health authorities with regard to programs and
services.
(6) (a) Each local mental health authority shall:
(i) review and evaluate mental health needs and services, including mental health needs
and services for:
(A) an individual incarcerated in a county jail or other county correctional facility; and
(B) an individual who is a resident of the county and who is court ordered to receive
assisted outpatient treatment under Section 
62A-15-630.5
;
(ii) in accordance with Subsection (6)(b), annually prepare and submit to the division a
plan approved by the county legislative body for mental health funding and service delivery,
either directly by the local mental health authority or by contract;
(iii) establish and maintain, either directly or by contract, programs licensed under Title
62A, Chapter 2, Licensure of Programs and Facilities;
(iv) appoint, directly or by contract, a full-time or part-time director for mental health
programs and prescribe the director's duties;
(v) provide input and comment on new and revised rules established by the division;
(vi) establish and require contract providers to establish administrative, clinical,
personnel, financial, procurement, and management policies regarding mental health services
and facilities, in accordance with the rules of the division, and state and federal law;
(vii) establish mechanisms allowing for direct citizen input;
(viii) annually contract with the division to provide mental health programs and
services in accordance with the provisions of Title 62A, Chapter 15, Substance Abuse and
Mental Health Act;
(ix) comply with all applicable state and federal statutes, policies, audit requirements,
contract requirements, and any directives resulting from those audits and contract requirements;
(x) provide funding equal to at least 20% of the state funds that it receives to fund
services described in the plan;
(xi) comply with the requirements and procedures of Title 11, Chapter 13, Interlocal
Cooperation Act, Title 17B, Chapter 1, Part 6, Fiscal Procedures for Local Districts, and Title
51, Chapter 2a, Accounting Reports from Political Subdivisions, Interlocal Organizations, and
Other Local Entities Act; and
(xii) take and retain physical custody of minors committed to the physical custody of
local mental health authorities by a judicial proceeding under Title 62A, Chapter 15, Part 7,
Commitment of Persons Under Age 18 [
to Division of Substance Abuse and Mental Health
].
(b) Each plan under Subsection (6)(a)(ii) shall include services for adults, youth, and
children, which shall include:
(i) inpatient care and services;
(ii) residential care and services;
(iii) outpatient care and services;
(iv) 24-hour crisis care and services;
(v) psychotropic medication management;
(vi) psychosocial rehabilitation, including vocational training and skills development;
(vii) case management;
(viii) community supports, including in-home services, housing, family support
services, and respite services;
(ix) consultation and education services, including case consultation, collaboration
with other county service agencies, public education, and public information; and
(x) services to persons incarcerated in a county jail or other county correctional facility.
(7) (a) If a local mental health authority provides for a local mental health crisis line
under the plan for 24-hour crisis care and services described in Subsection (6)(b)(iv), the local
mental health authority shall:
(i) collaborate with the statewide mental health crisis line described in Section
62A-15-1302
;
(ii) ensure that each individual who answers calls to the local mental health crisis line:
(A) is a mental health therapist or a crisis worker; and
(B) meets the standards of care and practice established by the Division of [
Substance
Abuse and Mental Health
] 
Integrated Healthcare
, in accordance with Section 
62A-15-1302
;
and
(iii) ensure that when necessary, based on the local mental health crisis line's capacity,
calls are immediately routed to the statewide mental health crisis line to ensure that when an
individual calls the local mental health crisis line, regardless of the time, date, or number of
individuals trying to simultaneously access the local mental health crisis line, a mental health
therapist or a crisis worker answers the call without the caller first:
(A) waiting on hold; or
(B) being screened by an individual other than a mental health therapist or crisis
worker.
(b) If a local mental health authority does not provide for a local mental health crisis
line under the plan for 24-hour crisis care and services described in Subsection (6)(b)(iv), the
local mental health authority shall use the statewide mental health crisis line as a local crisis
line resource.
(8) Before disbursing any public funds, each local mental health authority shall require
that each entity that receives any public funds from a local mental health authority agrees in
writing that:
(a) the entity's financial records and other records relevant to the entity's performance
of the services provided to the mental health authority shall be subject to examination by:
(i) the division;
(ii) the local mental health authority director;
(iii) (A) the county treasurer and county or district attorney; or
(B) if two or more counties jointly provide mental health services under an agreement
under Subsection (3), the designated treasurer and the designated legal officer;
(iv) the county legislative body; and
(v) in a county with a county executive that is separate from the county legislative
body, the county executive;
(b) the county auditor may examine and audit the entity's financial and other records
relevant to the entity's performance of the services provided to the local mental health
authority; and
(c) the entity will comply with the provisions of Subsection (5)(b).
(9) A local mental health authority may receive property, grants, gifts, supplies,
materials, contributions, and any benefit derived therefrom, for mental health services. If those
gifts are conditioned upon their use for a specified service or program, they shall be so used.
(10) Public funds received for the provision of services pursuant to the local mental
health plan may not be used for any other purpose except those authorized in the contract
between the local mental health authority and the provider for the provision of plan services.
(11) A local mental health authority shall provide assisted outpatient treatment
services, as described in Section 
62A-15-630.4
, to a resident of the county who has been
ordered under Section 
62A-15-630.5
 to receive assisted outpatient treatment.
Section 5. Section 
17-50-333
 is amended to read:
17-50-333.
Regulation of retail tobacco specialty business.
(1) As used in this section:
(a) "Community location" means:
(i) a public or private kindergarten, elementary, middle, junior high, or high school;
(ii) a licensed child-care facility or preschool;
(iii) a trade or technical school;
(iv) a church;
(v) a public library;
(vi) a public playground;
(vii) a public park;
(viii) a youth center or other space used primarily for youth oriented activities;
(ix) a public recreational facility;
(x) a public arcade; or
(xi) for a new license issued on or after July 1, 2018, a homeless shelter.
(b) "Department" means the Department of Health[
,
] 
and Human Services
 created in
Section [
26-1-4
] 
26B-1-201
.
(c) "Electronic cigarette product" means the same as that term is defined in Section
76-10-101
.
(d) "Flavored electronic cigarette product" means the same as that term is defined in
Section 
76-10-101
.
(e) "Licensee" means a person licensed under this section to conduct business as a
retail tobacco specialty business.
(f) "Local health department" means the same as that term is defined in Section
26A-1-102
.
(g) "Nicotine product" means the same as that term is defined in Section 
76-10-101
.
(h) "Retail tobacco specialty business" means a commercial establishment in which:
(i) sales of tobacco products, electronic cigarette products, and nicotine products
account for more than 35% of the total quarterly gross receipts for the establishment;
(ii) 20% or more of the public retail floor space is allocated to the offer, display, or
storage of tobacco products, electronic cigarette products, or nicotine products;
(iii) 20% or more of the total shelf space is allocated to the offer, display, or storage of
tobacco products, electronic cigarette products, or nicotine products;
(iv) the commercial establishment:
(A) holds itself out as a retail tobacco specialty business; and
(B) causes a reasonable person to believe the commercial establishment is a retail
tobacco specialty business;
(v) any flavored electronic cigarette product is sold; or
(vi) the retail space features a self-service display for tobacco products, electronic
cigarette products, or nicotine products.
(i) "Self-service display" means the same as that term is defined in Section
76-10-105.1
.
(j) "Tobacco product" means:
(i) the same as that term is defined in Section 
76-10-101
; or
(ii) tobacco paraphernalia as defined in Section 
76-10-101
.
(2) The regulation of a retail tobacco specialty business is an exercise of the police
powers of the state by the state or by the delegation of the state's police power to other
governmental entities.
(3) (a) A person may not operate a retail tobacco specialty business in a county unless
the person obtains a license from the county in which the retail tobacco specialty business is
located.
(b) A county may only issue a retail tobacco specialty business license to a person if
the person complies with the provisions of Subsections (4) and (5).
(4) (a) Except as provided in Subsection (7), a county may not issue a license for a
person to conduct business as a retail tobacco specialty business if the retail tobacco specialty
business is located within:
(i) 1,000 feet of a community location;
(ii) 600 feet of another retail tobacco specialty business; or
(iii) 600 feet from property used or zoned for:
(A) agriculture use; or
(B) residential use.
(b) For purposes of Subsection (4)(a), the proximity requirements shall be measured in
a straight line from the nearest entrance of the retail tobacco specialty business to the nearest
property boundary of a location described in Subsections (4)(a)(i) through (iii), without regard
to intervening structures or zoning districts.
(5) A county may not issue or renew a license for a person to conduct business as a
retail tobacco specialty business until the person provides the county with proof that the retail
tobacco specialty business has:
(a) a valid permit for a retail tobacco specialty business issued under Title 26, Chapter
62, Tobacco, Electronic Cigarette, and Nicotine Product Retail Permit, by the local health
department having jurisdiction over the area in which the retail tobacco specialty business is
located; and
(b) (i) for a retailer that sells a tobacco product, a valid license issued by the State Tax
Commission in accordance with Section 
59-14-201
 or 
59-14-301
 to sell a tobacco product; or
(ii) for a retailer that sells an electronic cigarette product or a nicotine product, a valid
license issued by the State Tax Commission in accordance with Section 
59-14-803
 to sell an
electronic cigarette product or a nicotine product.
(6) (a) Nothing in this section:
(i) requires a county to issue a retail tobacco specialty business license; or
(ii) prohibits a county from adopting more restrictive requirements on a person seeking
a license or renewal of a license to conduct business as a retail tobacco specialty business.
(b) A county may suspend or revoke a retail tobacco specialty business license issued
under this section:
(i) if a licensee engages in a pattern of unlawful activity under Title 76, Chapter 10,
Part 16, Pattern of Unlawful Activity Act;
(ii) if a licensee violates federal law or federal regulations restricting the sale and
distribution of tobacco products or electronic cigarette products to protect children and
adolescents;
(iii) upon the recommendation of the department or a local health department under
Title 26, Chapter 62, Tobacco, Electronic Cigarette, and Nicotine Product Retail Permit; or
(iv) under any other provision of state law or local ordinance.
(7) (a) Except as provided in Subsection (7)(e), a retail tobacco specialty business is
exempt from Subsection (4) if:
(i) on or before December 31, 2018, the retail tobacco specialty business was issued a
license to conduct business as a retail tobacco specialty business;
(ii) the retail tobacco specialty business is operating in a county in accordance with all
applicable laws except for the requirement in Subsection (4); and
(iii) beginning July 1, 2022, the retail tobacco specialty business is not located within
1,000 feet of a public or private kindergarten, elementary, middle, junior high, or high school.
(b) A retail tobacco specialty business may maintain an exemption under Subsection
(7)(a) if:
(i) the license described in Subsection (7)(a)(i) is renewed continuously without lapse
or permanent revocation;
(ii) the retail tobacco specialty business does not close for business or otherwise
suspend the sale of tobacco products, electronic cigarette products, or nicotine products for
more than 60 consecutive days;
(iii) the retail tobacco specialty business does not substantially change the business
premises or business operation; and
(iv) the retail tobacco specialty business maintains the right to operate under the terms
of other applicable laws, including:
(A) Title 26, Chapter 38, Utah Indoor Clean Air Act;
(B) zoning ordinances;
(C) building codes; and
(D) the requirements of the license described in Subsection (7)(a)(i).
(c) A retail tobacco specialty business that does not qualify for an exemption under
Subsection (7)(a) is exempt from Subsection (4) if:
(i) on or before December 31, 2018, the retail tobacco specialty business was issued a
general tobacco retailer permit or a retail tobacco specialty business permit under Title 26,
Chapter 62, Tobacco, Electronic Cigarette, and Nicotine Product Retail Permit, by the local
health department having jurisdiction over the area in which the retail tobacco specialty
business is located;
(ii) the retail tobacco specialty business is operating in the county in accordance with
all applicable laws except for the requirement in Subsection (4); and
(iii) beginning July 1, 2022, the retail tobacco specialty business is not located within
1,000 feet of a public or private kindergarten, elementary, middle, junior high, or high school.
(d) A retail tobacco specialty business may maintain an exemption under Subsection
(7)(c) if:
(i) on or before December 31, 2020, the retail tobacco specialty business receives a
retail tobacco specialty business permit from the local health department having jurisdiction
over the area in which the retail tobacco specialty business is located;
(ii) the permit described in Subsection (7)(d)(i) is renewed continuously without lapse
or permanent revocation;
(iii) the retail tobacco specialty business does not close for business or otherwise
suspend the sale of tobacco products, electronic cigarette products, or nicotine products for
more than 60 consecutive days;
(iv) the retail tobacco specialty business does not substantially change the business
premises or business operation as the business existed when the retail tobacco specialty
business received a permit under Subsection (7)(d)(i); and
(v) the retail tobacco specialty business maintains the right to operate under the terms
of other applicable laws, including:
(A) Title 26, Chapter 38, Utah Indoor Clean Air Act;
(B) zoning ordinances;
(C) building codes; and
(D) the requirements of the retail tobacco permit described in Subsection (7)(d)(i).
(e) A retail tobacco specialty business described in Subsection (7)(a) or (b) that is
located within 1,000 feet of a public or private kindergarten, elementary, middle, junior high,
or high school before July 1, 2022, is exempt from Subsection (4)(a)(iii)(B) if the retail tobacco
specialty business:
(i) relocates, before July 1, 2022, to a property that is used or zoned for commercial use
and located within a group of architecturally unified commercial establishments built on a site
that is planned, developed, owned, and managed as an operating unit; and
(ii) continues to meet the requirements described in Subsection (7)(b) that are not
directly related to the relocation described in this Subsection (7)(e).
Section 6. Section 
26-1-2
 is amended to read:
26-1-2.
Definitions.
[
Subject to additional definitions contained in the chapters of this title which are
applicable to specific chapters, as
] 
As
 used in this title:
(1) "Council" means the Utah Health Advisory Council.
(2) "Department" means the Department of Health 
and Human Services
 created in
Section [
26-1-4
] 
26B-1-201
.
(3) "Executive director" means the executive director of the department appointed
[
pursuant to Section 
26-1-8
] 
under Section 
26B-1-203
.
(4) "Public health authority" means an agency or authority of the United States, a state,
a territory, a political subdivision of a state or territory, an Indian tribe, or a person acting under
a grant of authority from or contract with such an agency, that is responsible for public health
matters as part of its official mandate.
Section 7. Section 
26-1-10
 is amended to read:
26-1-10.
Executive director -- Enforcement powers.
Subject to the restrictions in this title 
and to the extent permitted by state law
, the
executive director is empowered to issue orders to enforce state laws and rules established by
the department except where the enforcement power is given to a committee created [
pursuant
to Section 
26-1-7
] 
under Section 
26B-1-204
.
Section 8. Section 
26-1-11
 is amended to read:
26-1-11.
Executive director -- Power to amend, modify, or rescind committee
rules.
The executive director pursuant to the requirements of the Administrative Rulemaking
Act may amend, modify, or rescind any rule of any committee created [
pursuant to Section
26-1-7
] 
under Section 
26B-1-204
 if the rule creates a clear present hazard or clear potential
hazard to the public health except that the executive director may not act until after discussion
with the appropriate committee.
Section 9. Section 
26-2-12.5
 is amended to read:
26-2-12.5.
Certified copies of birth certificates -- Fees credited to Children's
Account.
(1) In addition to the fees provided for in Section [
26-1-6
] 
26B-1-209
, the department
and local registrars authorized to issue certified copies shall charge an additional $3 fee for
each certified copy of a birth certificate, including certified copies of supplementary and
amended birth certificates, under Sections 
26-2-8
 through 
26-2-11
. This additional fee may be
charged only for the first copy requested at any one time.
(2) The fee shall be transmitted monthly to the state treasurer and credited to the
Children's Account established in Section 
62A-4a-309
.
Section 10. Section 
26-2-12.6
 is amended to read:
26-2-12.6.
Fee waived for certified copy of birth certificate.
(1) Notwithstanding Section [
26-1-6
] 
26B-1-209
 and Section 
26-2-12.5
, the
department shall waive a fee that would otherwise be charged for a certified copy of a birth
certificate, if the individual whose birth is confirmed by the birth certificate is:
(a) the individual requesting the certified copy of the birth certificate; and
(b) (i) homeless, as defined in Section 
26-18-411
;
(ii) a person who is homeless, as defined in Section 
35A-5-302
;
(iii) an individual whose primary nighttime residence is a location that is not designed
for or ordinarily used as a sleeping accommodation for an individual;
(iv) a homeless service provider as verified by the Department of Workforce Services;
or
(v) a homeless child or youth, as defined in 42 U.S.C. Sec. 11434a.
(2) To satisfy the requirement in Subsection (1)(b), the department shall accept written
verification that the individual is homeless or a person, child, or youth who is homeless from:
(a) a homeless shelter, as defined in Section 
10-9a-526
;
(b) a permanent housing, permanent, supportive, or transitional facility, as defined in
Section 
35A-5-302
;
(c) the Department of Workforce Services;
(d) a homeless service provider as verified by the Department of Workforce Services;
or
(e) a local educational agency liaison for homeless children and youth designated under
42 U.S.C. Sec. 11432(g)(1)(J)(ii).
Section 11. Section 
26-4-17
 is amended to read:
26-4-17.
Records of medical examiner -- Confidentiality.
(1) The medical examiner shall maintain complete, original records for the medical
examiner record, which shall:
(a) be properly indexed, giving the name, if known, or otherwise identifying every
individual whose death is investigated;
(b) indicate the place where the body was found;
(c) indicate the date of death;
(d) indicate the cause and manner of death;
(e) indicate the occupation of the decedent, if available;
(f) include all other relevant information concerning the death; and
(g) include a full report and detailed findings of the autopsy or report of the
investigation.
(2) (a) Upon written request from an individual described in Subsections (2)(a)(i)
through (iv), the medical examiner shall provide a copy of the medical examiner's final report
of examination for the decedent, including the autopsy report, toxicology report, lab reports,
and investigative reports to any of the following:
(i) a decedent's immediate relative;
(ii) a decedent's legal representative;
(iii) a physician or physician assistant who attended the decedent during the year before
the decedent's death; or
(iv) a county attorney, a district attorney, a criminal defense attorney, or other law
enforcement official with jurisdiction, as necessary for the performance of the attorney or
official's professional duties.
(b) Upon written request from the director or a designee of the director of an entity
described in Subsections (2)(b)(i) through (iv), the medical examiner may provide a copy of the
of the medical examiner's final report of examination for the decedent, including any other
reports described in Subsection (2)(a), to any of the following entities as necessary for
performance of the entity's official purposes:
(i) a local health department;
(ii) a local mental health authority;
(iii) a public health authority; or
(iv) another state or federal governmental agency.
(c) The medical examiner may provide a copy of the medical examiner's final report of
examination, including any other reports described in Subsection (2)(a), if the final report
relates to an issue of public health or safety, as further defined by rule made by the department
in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
(3) Reports provided under Subsection (2) may not include records that the medical
examiner obtains from a third party in the course of investigating the decedent's death.
(4) The medical examiner may provide a medical examiner record to a researcher who:
(a) has an advanced degree;
(b) (i) is affiliated with an accredited college or university, a hospital, or another
system of care, including an emergency medical response or a local health agency; or
(ii) is part of a research firm contracted with an accredited college or university, a
hospital, or another system of care;
(c) requests a medical examiner record for a research project or a quality improvement
initiative that will have a public health benefit, as determined by the [
Department of Health
]
department
; and
(d) provides to the medical examiner an approval from:
(i) the researcher's sponsoring organization; and
(ii) the Utah Department of Health 
and Human Services
 Institutional Review Board.
(5) Records provided under Subsection (4) may not include a third party record, unless:
(a) a court has ordered disclosure of the third party record; and
(b) disclosure is conducted in compliance with state and federal law.
(6) A person who obtains a medical examiner record under Subsection (4) shall:
(a) maintain the confidentiality of the medical examiner record by removing personally
identifying information about a decedent or the decedent's family and any other information
that may be used to identify a decedent before using the medical examiner record in research;
(b) conduct any research within and under the supervision of the Office of the Medical
Examiner, if the medical examiner record contains a third party record with personally
identifiable information;
(c) limit the use of a medical examiner record to the purpose for which the person
requested the medical examiner record;
(d) destroy a medical examiner record and the data abstracted from the medical
examiner record at the conclusion of the research for which the person requested the medical
examiner record;
(e) reimburse the medical examiner, as provided in Section [
26-1-6
] 
26B-1-209
, for
any costs incurred by the medical examiner in providing a medical examiner record;
(f) allow the medical examiner to review, before public release, a publication in which
data from a medical examiner record is referenced or analyzed; and
(g) provide the medical examiner access to the researcher's database containing data
from a medical examiner record, until the day on which the researcher permanently destroys
the medical examiner record and all data obtained from the medical examiner record.
(7) The department may make rules, in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act, and in consideration of applicable state and federal law, to
establish permissible uses and disclosures of a medical examiner record or other record
obtained under this section.
(8) Except as provided in this chapter or ordered by a court, the medical examiner may
not disclose any part of a medical examiner record.
(9) A person who obtains a medical examiner record under Subsection (4) is guilty of a
class B misdemeanor, if the person fails to comply with the requirements of Subsections (6)(a)
through (d).
Section 12. Section 
26-7-10
 is amended to read:
26-7-10.
Youth Electronic Cigarette, Marijuana, and Other Drug Prevention
Program.
(1) As used in this section:
(a) "Committee" means the Youth Electronic Cigarette, Marijuana, and Other Drug
Prevention Committee created in Section [
26-1-7
] 
26B-1-204
.
(b) "Program" means the Youth Electronic Cigarette, Marijuana, and Other Drug
Prevention Program created in this section.
(2) (a) There is created within the department the Youth Electronic Cigarette,
Marijuana, and Other Drug Prevention Program.
(b) In consultation with the committee, the department shall:
(i) establish guidelines for the use of funds appropriated to the program;
(ii) ensure that guidelines developed under Subsection (2)(b)(i) are evidence-based and
appropriate for the population targeted by the program; and
(iii) subject to appropriations from the Legislature, fund statewide initiatives to prevent
use of electronic cigarettes, nicotine products, marijuana, and other drugs by youth.
(3) (a) The committee shall advise the department on:
(i) preventing use of electronic cigarettes, marijuana, and other drugs by youth in the
state;
(ii) developing the guidelines described in Subsection (2)(b)(i); and
(iii) implementing the provisions of the program.
(b) The executive director shall:
(i) appoint members of the committee; and
(ii) consult with the Utah Substance Use and Mental Health Advisory Council created
in Section 
63M-7-301
 when making the appointments under Subsection (3)(b)(i).
(c) The committee shall include, at a minimum:
(i) the executive director of a local health department as defined in Section 
26A-1-102
,
or the local health department executive director's designee;
(ii) one designee from the department;
(iii) one representative from the Department of Public Safety;
(iv) one representative from the behavioral health community; and
(v) one representative from the education community.
(d) A member of the committee may not receive compensation or benefits for the
member's service on the committee, but may receive per diem and travel expenses in
accordance with:
(i) Section 
63A-3-106
;
(ii) Section 
63A-3-107
; and
(iii) rules made by the Division of Finance under Sections 
63A-3-106
 and 
63A-3-107
.
(e) The department shall provide staff support to the committee.
(4) On or before October 31 of each year, the department shall report to:
(a) the Health and Human Services Interim Committee regarding:
(i) the use of funds appropriated to the program;
(ii) the impact and results of the program, including the effectiveness of each program
funded under Subsection (2)(b)(iii), during the previous fiscal year;
(iii) a summary of the impacts and results on reducing youth use of electronic cigarettes
and nicotine products by entities represented by members of the committee, including those
entities who receive funding through the Electronic Cigarette Substance and Nicotine Product
Tax Restricted Account created in Section 
59-14-807
; and
(iv) any recommendations for legislation; and
(b) the Utah Substance Use and Mental Health Advisory Council created in Section
63M-7-301
, regarding:
(i) the effectiveness of each program funded under Subsection (2)(b)(iii) in preventing
youth use of electronic cigarettes, nicotine products, marijuana, and other drugs; and
(ii) any collaborative efforts and partnerships established by the program with public
and private entities to prevent youth use of electronic cigarettes, marijuana, and other drugs.
Section 13. Section 
26-8a-102
 is amended to read:
26-8a-102.
Definitions.
As used in this chapter:
(1) (a) "911 ambulance or paramedic services" means:
(i) either:
(A) 911 ambulance service;
(B) 911 paramedic service; or
(C) both 911 ambulance and paramedic service; and
(ii) a response to a 911 call received by a designated dispatch center that receives 911
or E911 calls.
(b) "911 ambulance or paramedic services" does not mean a seven or [
ten
] 
 digit
telephone call received directly by an ambulance provider licensed under this chapter.
(2) "Ambulance" means a ground, air, or water vehicle that:
(a) transports patients and is used to provide emergency medical services; and
(b) is required to obtain a permit under Section 
26-8a-304
 to operate in the state.
(3) "Ambulance provider" means an emergency medical service provider that:
(a) transports and provides emergency medical care to patients; and
(b) is required to obtain a license under Part 4, Ambulance and Paramedic Providers.
(4) (a) "Behavioral emergency services" means delivering a behavioral health
intervention to a patient in an emergency context within a scope and in accordance with
guidelines established by the department.
(b) "Behavioral emergency services" does not include engaging in the:
(i) practice of mental health therapy as defined in Section 
58-60-102
;
(ii) practice of psychology as defined in Section 
58-61-102
;
(iii) practice of clinical social work as defined in Section 
58-60-202
;
(iv) practice of certified social work as defined in Section 
58-60-202
;
(v) practice of marriage and family therapy as defined in Section 
58-60-302
; [
or
]
(vi) practice of clinical mental health counseling as defined in Section 
58-60-402
;
[
and
] 
or
(vii) practice as a substance use disorder counselor as defined in Section 
58-60-502
.
(5) "Committee" means the State Emergency Medical Services Committee created by
Section [
26-1-7
] 
26B-1-204
.
(6) "Direct medical observation" means in-person observation of a patient by a
physician, registered nurse, physician's assistant, or individual licensed under Section
26-8a-302
.
(7) "Emergency medical condition" means:
(a) a medical condition that manifests itself by symptoms of sufficient severity,
including severe pain, that a prudent layperson, who possesses an average knowledge of health
and medicine, could reasonably expect the absence of immediate medical attention to result in:
(i) placing the individual's health in serious jeopardy;
(ii) serious impairment to bodily functions; or
(iii) serious dysfunction of any bodily organ or part; or
(b) a medical condition that in the opinion of a physician or the physician's designee
requires direct medical observation during transport or may require the intervention of an
individual licensed under Section 
26-8a-302
 during transport.
(8) (a) "Emergency medical service personnel" means an individual who provides
emergency medical services or behavioral emergency services to a patient and is required to be
licensed or certified under Section 
26-8a-302
.
(b) "Emergency medical service personnel" includes a paramedic, medical director of a
licensed emergency medical service provider, emergency medical service instructor, behavioral
emergency services technician, other categories established by the committee, and a certified
emergency medical dispatcher.
(9) "Emergency medical service providers" means:
(a) licensed ambulance providers and paramedic providers;
(b) a facility or provider that is required to be designated under Subsection
26-8a-303
(1)(a); and
(c) emergency medical service personnel.
(10) "Emergency medical services" means:
(a) medical services;
(b) transportation services;
(c) behavioral emergency services; or
(d) any combination of the services described in Subsections (10)(a) through (c).
(11) "Emergency medical service vehicle" means a land, air, or water vehicle that is:
(a) maintained and used for the transportation of emergency medical personnel,
equipment, and supplies to the scene of a medical emergency; and
(b) required to be permitted under Section 
26-8a-304
.
(12) "Governing body":
(a) means the same as that term is defined in Section 
11-42-102
; and
(b) for purposes of a "special service district" under Section 
11-42-102
, means a
special service district that has been delegated the authority to select a provider under this
chapter by the special service district's legislative body or administrative control board.
(13) "Interested party" means:
(a) a licensed or designated emergency medical services provider that provides
emergency medical services within or in an area that abuts an exclusive geographic service area
that is the subject of an application submitted pursuant to Part 4, Ambulance and Paramedic
Providers;
(b) any municipality, county, or fire district that lies within or abuts a geographic
service area that is the subject of an application submitted pursuant to Part 4, Ambulance and
Paramedic Providers; or
(c) the department when acting in the interest of the public.
(14) "Medical control" means a person who provides medical supervision to an
emergency medical service provider.
(15) "Non-911 service" means transport of a patient that is not 911 transport under
Subsection (1).
(16) "Nonemergency secured behavioral health transport" means an entity that:
(a) provides nonemergency secure transportation services for an individual who:
(i) is not required to be transported by an ambulance under Section 
26-8a-305
; and
(ii) requires behavioral health observation during transport between any of the
following facilities:
(A) a licensed acute care hospital;
(B) an emergency patient receiving facility;
(C) a licensed mental health facility; and
(D) the office of a licensed health care provider; and
(b) is required to be designated under Section 
26-8a-303
.
(17) "Paramedic provider" means an entity that:
(a) employs emergency medical service personnel; and
(b) is required to obtain a license under Part 4, Ambulance and Paramedic Providers.
(18) "Patient" means an individual who, as the result of illness, injury, or a behavioral
emergency condition, meets any of the criteria in Section 
26-8a-305
.
(19) "Political subdivision" means:
(a) a city, town, or metro township;
(b) a county;
(c) a special service district created under Title 17D, Chapter 1, Special Service
District Act, for the purpose of providing fire protection services under Subsection
17D-1-201
(9);
(d) a local district created under Title 17B, Limited Purpose Local Government Entities
- Local Districts, for the purpose of providing fire protection, paramedic, and emergency
services;
(e) areas coming together as described in Subsection 
26-8a-405.2
(2)(b)(ii); or
(f) an interlocal entity under Title 11, Chapter 13, Interlocal Cooperation Act.
(20) "Trauma" means an injury requiring immediate medical or surgical intervention.
(21) "Trauma system" means a single, statewide system that:
(a) organizes and coordinates the delivery of trauma care within defined geographic
areas from the time of injury through transport and rehabilitative care; and
(b) is inclusive of all prehospital providers, hospitals, and rehabilitative facilities in
delivering care for trauma patients, regardless of severity.
(22) "Triage" means the sorting of patients in terms of disposition, destination, or
priority. For prehospital trauma victims, triage requires a determination of injury severity to
assess the appropriate level of care according to established patient care protocols.
(23) "Triage, treatment, transportation, and transfer guidelines" means written
procedures that:
(a) direct the care of patients; and
(b) are adopted by the medical staff of an emergency patient receiving facility, trauma
center, or an emergency medical service provider.
Section 14. Section 
26-8a-103
 is amended to read:
26-8a-103.
State Emergency Medical Services Committee -- Membership --
Expenses.
(1) The State Emergency Medical Services Committee created by Section [
26-1-7
]
26B-1-204
 shall be composed of the following 19 members appointed by the governor, at least
six of whom shall reside in a county of the third, fourth, fifth, or sixth class:
(a) five physicians licensed under Title 58, Chapter 67, Utah Medical Practice Act, or
Title 58, Chapter 68, Utah Osteopathic Medical Practice Act, as follows:
(i) one surgeon who actively provides trauma care at a hospital;
(ii) one rural physician involved in emergency medical care;
(iii) two physicians who practice in the emergency department of a general acute
hospital; and
(iv) one pediatrician who practices in the emergency department or critical care unit of
a general acute hospital or a children's specialty hospital;
(b) two representatives from private ambulance providers;
(c) one representative from an ambulance provider that is neither privately owned nor
operated by a fire department;
(d) two chief officers from fire agencies operated by the following classes of licensed
or designated emergency medical services providers: municipality, county, and fire district,
provided that no class of medical services providers may have more than one representative
under this Subsection (1)(d);
(e) one director of a law enforcement agency that provides emergency medical
services;
(f) one hospital administrator;
(g) one emergency care nurse;
(h) one paramedic in active field practice;
(i) one emergency medical technician in active field practice;
(j) one certified emergency medical dispatcher affiliated with an emergency medical
dispatch center;
(k) one licensed mental health professional with experience as a first responder;
(l) one licensed behavioral emergency services technician; and
(m) one consumer.
(2) (a) Except as provided in Subsection (2)(b), members shall be appointed to a
four-year term beginning July 1.
(b) Notwithstanding Subsection (2)(a), the governor:
(i) shall, at the time of appointment or reappointment, adjust the length of terms to
ensure that the terms of committee members are staggered so that approximately half of the
committee is appointed every two years;
(ii) may not reappoint a member for more than two consecutive terms; and
(iii) shall:
(A) initially appoint the second member under Subsection (1)(b) from a different
private provider than the private provider currently serving under Subsection (1)(b); and
(B) thereafter stagger each replacement of a member in Subsection (1)(b) so that the
member positions under Subsection (1)(b) are not held by representatives of the same private
provider.
(c) When a vacancy occurs in the membership for any reason, the replacement shall be
appointed by the governor for the unexpired term.
(3) (a) (i) Each January, the committee shall organize and select one of the committee's
members as chair and one member as vice chair.
(ii) The committee may organize standing or ad hoc subcommittees, which shall
operate in accordance with guidelines established by the committee.
(b) (i) The chair shall convene a minimum of four meetings per year.
(ii) The chair may call special meetings.
(iii) The chair shall call a meeting upon request of five or more members of the
committee.
(c) (i) Nine members of the committee constitute a quorum for the transaction of
business.
(ii) The action of a majority of the members present is the action of the committee.
(4) A member may not receive compensation or benefits for the member's service, but
may receive per diem and travel expenses in accordance with:
(a) Section 
63A-3-106
;
(b) Section 
63A-3-107
; and
(c) rules made by the Division of Finance pursuant to Sections 
63A-3-106
 and
63A-3-107
.
(5) Administrative services for the committee shall be provided by the department.
Section 15. Section 
26-8a-107
 is amended to read:
26-8a-107.
Air Ambulance Committee -- Membership -- Duties.
(1) The Air Ambulance Committee created by Section [
26-1-7
] 
26B-1-204
 shall be
composed of the following members:
(a) the state emergency medical services medical director;
(b) one physician who:
(i) is licensed 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;
(ii) actively provides trauma or emergency care at a Utah hospital; and
(iii) has experience and is actively involved in state and national air medical transport
issues;
(c) one member from each level 1 and level 2 trauma center in the state of Utah,
selected by the trauma center the member represents;
(d) one registered nurse who:
(i) is licensed under Title 58, Chapter 31b, Nurse Practice Act; and
(ii) currently works as a flight nurse for an air medical transport provider in the state of
Utah;
(e) one paramedic who:
(i) is licensed under [
Title 26, Chapter 8a, Utah Emergency Medical Services System
Act
] 
this chapter
; and
(ii) currently works for an air medical transport provider in the state of Utah; and
(f) two members, each from a different for-profit air medical transport company
operating in the state of Utah.
(2) The state emergency medical services medical director shall appoint the physician
member under Subsection (1)(b), and the physician shall serve as the chair of the Air
Ambulance Committee.
(3) The chair of the Air Ambulance Committee shall:
(a) appoint the Air Ambulance Committee members under Subsections (1)(c) through
(f);
(b) designate the member of the Air Ambulance Committee to serve as the vice chair
of the committee; and
(c) set the agenda for Air Ambulance Committee meetings.
(4) (a) Except as provided in Subsection (4)(b), members shall be appointed to a
two-year term.
(b) Notwithstanding Subsection (4)(a), the Air Ambulance Committee chair shall, at
the time of appointment or reappointment, adjust the length of the terms of committee
members to ensure that the terms of the committee members are staggered so that
approximately half of the committee is reappointed every two years.
(5) (a) A majority of the members of the Air Ambulance Committee constitutes a
quorum.
(b) The action of a majority of a quorum constitutes the action of the Air Ambulance
Committee.
(6) The Air Ambulance Committee shall, before November 30, 2019, and before
November 30 of every odd-numbered year thereafter, provide recommendations to the Health
and Human Services Interim Committee regarding the development of state standards and
requirements related to:
(a) air medical transport provider licensure and accreditation;
(b) air medical transport medical personnel qualifications and training; and
(c) other standards and requirements to ensure patients receive appropriate and
high-quality medical attention and care by air medical transport providers operating in the state
of Utah.
(7) (a) The committee shall prepare an annual report, using any data available to the
department and in consultation with the Insurance Department, that includes the following
information for each air medical transport provider that operates in the state:
(i) which health insurers in the state the air medical transport provider contracts with;
(ii) if sufficient data is available to the committee, the average charge for air medical
transport services for a patient who is uninsured or out of network; and
(iii) whether the air medical transport provider balance bills a patient for any charge
not paid by the patient's health insurer.
(b) When calculating the average charge under Subsection (7)(a)(ii), the committee
shall distinguish between:
(i) a rotary wing provider and a fixed wing provider; and
(ii) any other differences between air medical transport service providers that may
substantially affect the cost of the air medical transport service, as determined by the
committee.
(c) The department shall:
(i) post the committee's findings under Subsection (7)(a) on the department's website;
and
(ii) send the committee's findings under Subsection (7)(a) to each emergency medical
service provider, health care facility, and other entity that has regular contact with patients in
need of air medical transport provider services.
(8) An Air Ambulance Committee member may not receive compensation, benefits,
per diem, or travel expenses for the member's service on the committee.
(9) The Office of the Attorney General shall provide staff support to the Air
Ambulance Committee.
(10) The Air Ambulance Committee shall report to the Health and Human Services
Interim Committee before November 30, 2023, regarding the sunset of this section in
accordance with Section 
63I-2-226
.
Section 16. Section 
26-8a-208
 is amended to read:
26-8a-208.
Fees for training equipment rental, testing, and quality assurance
reviews.
(1) The department may charge fees, established pursuant to Section [
26-1-6
]
26B-1-209
:
(a) for the use of department-owned training equipment;
(b) to administer tests and conduct quality assurance reviews; and
(c) to process an application for a designation, permit, or license.
(2) (a) Fees collected under Subsections (1)(a) and (b) shall be separate dedicated
credits.
(b) Fees under Subsection (1)(a) may be used to purchase training equipment.
(c) Fees under Subsection (1)(b) may be used to administer tests and conduct quality
assurance reviews.
Section 17. Section 
26-8a-302
 is amended to read:
26-8a-302.
Licensure of emergency medical service personnel.
(1) To promote the availability of comprehensive emergency medical services
throughout the state, the committee shall establish:
(a) initial and ongoing licensure and training requirements for emergency medical
service personnel in the following categories:
(i) paramedic;
(ii) medical director;
(iii) emergency medical service instructor;
(iv) behavioral emergency services technician;
(v) advanced behavioral emergency services technician; and
(vi) except emergency medical dispatchers, other types of emergency medical service
personnel as the committee considers necessary;
(b) a method to monitor the certification status and continuing medical education hours
for emergency medical dispatchers; and
(c) guidelines for giving credit for out-of-state training and experience.
(2) The department shall, based on the requirements established in Subsection (1):
(a) develop, conduct, and authorize training and testing for emergency medical service
personnel;
(b) issue a license and license renewals to emergency medical service personnel other
than emergency medical dispatchers; and
(c) verify the certification of emergency medical dispatchers.
(3) The department shall coordinate with [
the Department of Human Services
established in Section 
62A-1-102
, and
] local mental health authorities described in Section
17-43-301
[
,
] to develop and authorize initial and ongoing licensure and training requirements
for licensure as a:
(a) behavioral emergency services technician; and
(b) advanced behavioral emergency services technician.
(4) As provided in Section 
26-8a-502
, an individual issued a license or certified under
this section may only provide emergency medical services to the extent allowed by the license
or certification.
(5) An individual may not be issued or retain a license under this section unless the
individual obtains and retains background clearance under Section 
26-8a-310
.
(6) An individual may not be issued or retain a certification under this section unless
the individual obtains and retains background clearance in accordance with Section
26-8a-310.5
.
Section 18. Section 
26-8a-310
 is amended to read:
26-8a-310.
Background clearance for emergency medical service personnel.
(1) Subject to Section 
26-8a-310.5
, the department shall determine whether to grant
background clearance for an individual seeking licensure or certification under Section
26-8a-302
 from whom the department receives:
(a) the individual's social security number, fingerprints, and other personal
identification information specified by the department under Subsection (4); and
(b) any fees established by the department under Subsection (10).
(2) The department shall determine whether to deny or revoke background clearance
for individuals for whom the department has previously granted background clearance.
(3) The department shall determine whether to grant, deny, or revoke background
clearance for an individual based on an initial and ongoing evaluation of information the
department obtains under Subsections (5) and (11), which, at a minimum, shall include an
initial criminal background check of state, regional, and national databases using the
individual's fingerprints.
(4) The department shall make rules, in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act, that specify:
(a) the criteria the department will use under Subsection (3) to determine whether to
grant, deny, or revoke background clearance; and
(b) the other personal identification information an individual seeking licensure or
certification under Section 
26-8a-302
 must submit under Subsection (1).
(5) To determine whether to grant, deny, or revoke background clearance, the
department may access and evaluate any of the following:
(a) Department of Public Safety arrest, conviction, and disposition records described in
Title 53, Chapter 10, Criminal Investigations and Technical Services Act, including
information in state, regional, and national records files;
(b) adjudications by a juvenile court of committing an act that if committed by an adult
would be a felony or misdemeanor, if:
(i) the applicant is under 28 years old; or
(ii) the applicant:
(A) is over 28 years old; and
(B) has been convicted of, has pleaded no contest to, or is currently subject to a plea in
abeyance or diversion agreement for a felony or misdemeanor;
(c) juvenile court arrest, adjudication, and disposition records, other than those under
Subsection (5)(b), as allowed under Section 
78A-6-209
;
(d) child abuse or neglect findings described in Section 
80-3-404
;
(e) the [
Department of Human Services' Division of Child and Family Services
]
department's
 Licensing Information System described in Section 
62A-4a-1006
;
(f) the [
Department of Human Services' Division of Aging and Adult Services
]
department's
 database of reports of vulnerable adult abuse, neglect, or exploitation, described
in Section 
62A-3-311.1
;
(g) Division of Occupational and Professional Licensing records of licensing and
certification under Title 58, Occupations and Professions;
(h) records in other federal criminal background databases available to the state; and
(i) any other records of arrests, warrants for arrest, convictions, pleas in abeyance,
pending diversion agreements, or dispositions.
(6) Except for the Department of Public Safety, an agency may not charge the
department for information accessed under Subsection (5).
(7) When evaluating information under Subsection (3), the department shall classify a
crime committed in another state according to the closest matching crime under Utah law,
regardless of how the crime is classified in the state where the crime was committed.
(8) The department shall adopt measures to protect the security of information the
department accesses under Subsection (5), which shall include limiting access by department
employees to those responsible for acquiring, evaluating, or otherwise processing the
information.
(9) The department may disclose personal identification information the department
receives under Subsection (1) to the [
Department of Human Services
] 
department
 to verify that
the subject of the information is not identified as a perpetrator or offender in the information
sources described in Subsections (5)(d) through (f).
(10) The department may charge fees, in accordance with Section 
63J-1-504
, to pay
for:
(a) the cost of obtaining, storing, and evaluating information needed under Subsection
(3), both initially and on an ongoing basis, to determine whether to grant, deny, or revoke
background clearance; and
(b) other department costs related to granting, denying, or revoking background
clearance.
(11) The Criminal Investigations and Technical Services Division within the
Department of Public Safety shall:
(a) retain, separate from other division records, personal information under Subsection
(1), including any fingerprints sent to it by the [
Department of Health
] 
department
; and
(b) notify the [
Department of Health
] 
department
 upon receiving notice that an
individual for whom personal information has been retained is the subject of:
(i) a warrant for arrest;
(ii) an arrest;
(iii) a conviction, including a plea in abeyance; or
(iv) a pending diversion agreement.
(12) The department shall use the Direct Access Clearance System database created
under Section 
26-21-209
 to manage information about the background clearance status of each
individual for whom the department is required to make a determination under Subsection (1).
(13) Clearance granted for an individual licensed or certified under Section 
26-8a-302
is valid until two years after the day on which the individual is no longer licensed or certified in
Utah as emergency medical service personnel.
Section 19. Section 
26-9f-103
 is amended to read:
26-9f-103.
Utah Digital Health Service Commission.
(1) There is created within the department the Utah Digital Health Service
Commission.
(2) The governor shall appoint 13 members to the commission with the advice and
consent of the Senate, as follows:
(a) a physician who is involved in digital health service;
(b) a representative of a health care system or a licensed health care facility as that term
is defined in Section 
26-21-2
;
(c) a representative of rural Utah, which may be a person nominated by an advisory
committee on rural health issues [
created pursuant to Section 
26-1-20
];
(d) a member of the public who is not involved with digital health service;
(e) a nurse who is involved in digital health service; and
(f) eight members who fall into one or more of the following categories:
(i) individuals who use digital health service in a public or private institution;
(ii) individuals who use digital health service in serving medically underserved
populations;
(iii) nonphysician health care providers involved in digital health service;
(iv) information technology professionals involved in digital health service;
(v) representatives of the health insurance industry;
(vi) telehealth digital health service consumer advocates; and
(vii) individuals who use digital health service in serving mental or behavioral health
populations.
(3) (a) The commission shall annually elect a chairperson from its membership. The
chairperson shall report to the executive director of the department.
(b) The commission shall hold meetings at least once every three months. Meetings
may be held from time to time on the call of the chair or a majority of the board members.
(c) Seven commission members are necessary to constitute a quorum at any meeting
and, if a quorum exists, the action of a majority of members present shall be the action of the
commission.
(4) (a) Except as provided in Subsection (4)(b), a commission member shall be
appointed for a three-year term and eligible for two reappointments.
(b) Notwithstanding Subsection (4)(a), the governor shall, at the time of appointment
or reappointment, adjust the length of terms to ensure that the terms of commission members
are staggered so that approximately 1/3 of the commission is appointed each year.
(c) A commission member shall continue in office until the expiration of the member's
term and until a successor is appointed, which may not exceed 90 days after the formal
expiration of the term.
(d) Notwithstanding Subsection (4)(c), a commission member who fails to attend 75%
of the scheduled meetings in a calendar year shall be disqualified from serving.
(e) When a vacancy occurs in membership for any reason, the replacement shall be
appointed for the unexpired term.
(5) A member may not receive compensation or benefits for the member's service, but,
at the executive director's discretion, may receive per diem and travel expenses in accordance
with:
(a) Section 
63A-3-106
;
(b) Section 
63A-3-107
; and
(c) rules made by the Division of Finance pursuant to Sections 
63A-3-106
 and
63A-3-107
.
(6) The department shall provide informatics staff support to the commission.
(7) The funding of the commission shall be a separate line item to the department in
the annual appropriations act.
Section 20. Section 
26-10-6
 is amended to read:
26-10-6.
Testing of newborn infants.
(1) Except in the case where parents object on the grounds that they are members of a
specified, well-recognized religious organization whose teachings are contrary to the tests
required by this section, a newborn infant shall be tested for:
(a) phenylketonuria (PKU);
(b) other heritable disorders which may result in an intellectual or physical disability or
death and for which:
(i) a preventive measure or treatment is available; and
(ii) there exists a reliable laboratory diagnostic test method;
(c) (i) an infant born in a hospital with 100 or more live births annually, hearing loss;
and
(ii) an infant born in a setting other than a hospital with 100 or more live births
annually, hearing loss; and
(d) critical congenital heart defects using pulse oximetry.
(2) In accordance with Section [
26-1-6
] 
26B-1-209
, the department may charge fees
for:
(a) materials supplied by the department to conduct tests required under Subsection (1);
(b) tests required under Subsection (1) conducted by the department;
(c) laboratory analyses by the department of tests conducted under Subsection (1); and
(d) the administrative cost of follow-up contacts with the parents or guardians of tested
infants.
(3) Tests for hearing loss described in Subsection (1) shall be based on one or more
methods approved by the Newborn Hearing Screening Committee, including:
(a) auditory brainstem response;
(b) automated auditory brainstem response; and
(c) evoked otoacoustic emissions.
(4) Results of tests for hearing loss described in Subsection (1) shall be reported to:
(a) the department; and
(b) when results of tests for hearing loss under Subsection (1) suggest that additional
diagnostic procedures or medical interventions are necessary:
(i) a parent or guardian of the infant;
(ii) an early intervention program administered by the department in accordance with
Part C of the Individuals with Disabilities Education Act, 20 U.S.C. Sec. 1431 et seq.; and
(iii) the Utah Schools for the Deaf and the Blind, created in Section 
53E-8-201
.
(5) (a) There is established the Newborn Hearing Screening Committee.
(b) The committee shall advise the department on:
(i) the validity and cost of newborn infant hearing loss testing procedures; and
(ii) rules promulgated by the department to implement this section.
(c) The committee shall be composed of at least 11 members appointed by the
executive director, including:
(i) one representative of the health insurance industry;
(ii) one pediatrician;
(iii) one family practitioner;
(iv) one ear, nose, and throat specialist nominated by the Utah Medical Association;
(v) two audiologists nominated by the Utah Speech-Language-Hearing Association;
(vi) one representative of hospital neonatal nurseries;
(vii) one representative of the Early Intervention Baby Watch Program administered by
the department;
(viii) one public health nurse;
(ix) one consumer; and
(x) the executive director or the executive director's designee.
(d) Of the initial members of the committee, the executive director shall appoint as
nearly as possible half to two-year terms and half to four-year terms. Thereafter, appointments
shall be for four-year terms except:
(i) for those members who have been appointed to complete an unexpired term; and
(ii) as necessary to ensure that as nearly as possible the terms of half the appointments
expire every two years.
(e) A majority of the members constitute a quorum, and a vote of the majority of the
members present constitutes an action of the committee.
(f) The committee shall appoint a chairman from the committee's membership.
(g) The committee shall meet at least quarterly.
(h) A member may not receive compensation or benefits for the member's service, but
may receive per diem and travel expenses in accordance with:
(i) Section 
63A-3-106
;
(ii) Section 
63A-3-107
; and
(iii) rules made by the Division of Finance pursuant to Sections 
63A-3-106
 and
63A-3-107
.
(i) The department shall provide staff for the committee.
(6) Before implementing the test required by Subsection (1)(d), the department shall
conduct a pilot program for testing newborns for critical congenital heart defects using pulse
oximetry. The pilot program shall include the development of:
(a) appropriate oxygen saturation levels that would indicate a need for further medical
follow-up; and
(b) the best methods for implementing the pulse oximetry screening in newborn care
units.
Section 21. Section 
26-10b-101
 is amended to read:
26-10b-101.
Definitions.
As used in this chapter:
(1) "Committee" means the Primary Care Grant Committee [
created in Section 
26-1-7
and
] described in Section 
26-10b-106
.
(2) "Community based organization":
(a) means a private entity; and
(b) includes for profit and not for profit entities.
(3) "Cultural competence" means a set of congruent behaviors, attitudes, and policies
that come together in a system, agency, or profession and enables that system, agency, or
profession to work effectively in cross-cultural situations.
(4) "Executive director" means the executive director of the department.
(5) "Health literacy" means the degree to which an individual has the capacity to
obtain, process, and understand health information and services needed to make appropriate
health decisions.
(6) "Institutional capacity" means the ability of a community based organization to
implement public and private contracts.
(7) "Medically underserved population" means the population of an urban or rural area
or a population group that the committee determines has a shortage of primary health care.
(8) "Primary care grant" means a grant awarded by the department under Subsection
26-10b-102
(1).
(9) (a) "Primary health care" means:
(i) basic and general health care services given when a person seeks assistance to
screen for or to prevent illness and disease, or for simple and common illnesses and injuries;
and
(ii) care given for the management of chronic diseases.
(b) "Primary health care" includes:
(i) services of physicians, nurses, physician's assistants, and dentists licensed to
practice in this state under Title 58, Occupations and Professions;
(ii) diagnostic and radiologic services;
(iii) preventive health services including perinatal services, well-child services, and
other services that seek to prevent disease or its consequences;
(iv) emergency medical services;
(v) preventive dental services; and
(vi) pharmaceutical services.
(10) "Program" means the primary care grant program created under this chapter.
Section 22. Section 
26-10b-106
 is amended to read:
26-10b-106.
Primary Care Grant Committee.
(1) The [
Primary Care Grant Committee created in Section 
26-1-7
] 
committee
 shall:
(a) review grant applications forwarded to the committee by the department under
Subsection 
26-10b-104
(1);
(b) recommend, to the executive director, grant applications to award under Subsection
26-10b-102
(1);
(c) evaluate:
(i) the need for primary health care in different areas of the state;
(ii) how the program is addressing those needs; and
(iii) the overall effectiveness and efficiency of the program;
(d) review annual reports from primary care grant recipients;
(e) meet as necessary to carry out its duties, or upon a call by the committee chair or by
a majority of committee members; and
(f) make rules, with the concurrence of the department, in accordance with Title 63G,
Chapter 3, Utah Administrative Rulemaking Act, that govern the committee, including the
committee's grant selection criteria.
(2) The committee shall consist of:
(a) as chair, the executive director or an individual designated by the executive
director; and
(b) six members appointed by the governor to serve up to two consecutive, two-year
terms of office, including:
(i) four licensed health care professionals; and
(ii) two community advocates who are familiar with a medically underserved
population and with health care systems, where at least one is familiar with a rural medically
underserved population.
(3) The executive director may remove a committee member:
(a) if the member is unable or unwilling to carry out the member's assigned
responsibilities; or
(b) for a rational reason.
(4) A committee member may not receive compensation or benefits for the member's
service, except a committee member who is not an employee of the department may receive per
diem and travel expenses in accordance with:
(a) Section 
63A-3-106
;
(b) Section 
63A-3-107
; and
(c) rules made by the Division of Finance in accordance with Sections 
63A-3-106
 and
63A-3-107
. 
Section 23. Section 
26-18-2.4
 is amended to read:
26-18-2.4.
Medicaid drug program -- Preferred drug list.
(1) A Medicaid drug program developed by the department under Subsection
26-18-2.3
(2)(f):
(a) shall, notwithstanding Subsection 
26-18-2.3
(1)(b), be based on clinical and
cost-related factors which include medical necessity as determined by a provider in accordance
with administrative rules established by the Drug Utilization Review Board;
(b) may include therapeutic categories of drugs that may be exempted from the drug
program;
(c) may include placing some drugs, except the drugs described in Subsection (2), on a
preferred drug list:
(i) to the extent determined appropriate by the department; and
(ii) in the manner described in Subsection (3) for psychotropic drugs; 
(d) notwithstanding the requirements of Part 2, Drug Utilization Review Board, and
except as provided in Subsection (3), shall immediately implement the prior authorization
requirements for a nonpreferred drug that is in the same therapeutic class as a drug that is:
(i) on the preferred drug list on the date that this act takes effect; or
(ii) added to the preferred drug list after this act takes effect; and
(e) except as prohibited by Subsections 
58-17b-606
(4) and (5), shall establish the prior
authorization requirements established under Subsections (1)(c) and (d) which shall permit a
health care provider or the health care provider's agent to obtain a prior authorization override
of the preferred drug list through the department's pharmacy prior authorization review process,
and which shall:
(i) provide either telephone or fax approval or denial of the request within 24 hours of
the receipt of a request that is submitted during normal business hours of Monday through
Friday from 8 a.m. to 5 p.m.;
(ii) provide for the dispensing of a limited supply of a requested drug as determined
appropriate by the department in an emergency situation, if the request for an override is
received outside of the department's normal business hours; and
(iii) require the health care provider to provide the department with documentation of
the medical need for the preferred drug list override in accordance with criteria established by
the department in consultation with the Pharmacy and Therapeutics Committee.
(2) (a) For purposes of this Subsection (2):
(i) "Immunosuppressive drug":
(A) means a drug that is used in immunosuppressive therapy to inhibit or prevent
activity of the immune system to aid the body in preventing the rejection of transplanted organs
and tissue; and
(B) does not include drugs used for the treatment of autoimmune disease or diseases
that are most likely of autoimmune origin.
(ii) "Stabilized" means a health care provider has documented in the patient's medical
chart that a patient has achieved a stable or steadfast medical state within the past 90 days using
a particular psychotropic drug.
(b) A preferred drug list developed under the provisions of this section may not include
an immunosuppressive drug.
(c) The state Medicaid program shall reimburse for a prescription for an
immunosuppressive drug as written by the health care provider for a patient who has undergone
an organ transplant. For purposes of Subsection 
58-17b-606
(4), and with respect to patients
who have undergone an organ transplant, the prescription for a particular immunosuppressive
drug as written by a health care provider meets the criteria of demonstrating to the [
Department
of Health
] 
department
 a medical necessity for dispensing the prescribed immunosuppressive
drug.
(d) Notwithstanding the requirements of Part 2, Drug Utilization Review Board, the
state Medicaid drug program may not require the use of step therapy for immunosuppressive
drugs without the written or oral consent of the health care provider and the patient.
(e) The department may include a sedative hypnotic on a preferred drug list in
accordance with Subsection (2)(f).
(f) The department shall grant a prior authorization for a sedative hypnotic that is not
on the preferred drug list under Subsection (2)(e), if the health care provider has documentation
related to one of the following conditions for the Medicaid client:
(i) a trial and failure of at least one preferred agent in the drug class, including the
name of the preferred drug that was tried, the length of therapy, and the reason for the
discontinuation;
(ii) detailed evidence of a potential drug interaction between current medication and
the preferred drug;
(iii) detailed evidence of a condition or contraindication that prevents the use of the
preferred drug;
(iv) objective clinical evidence that a patient is at high risk of adverse events due to a
therapeutic interchange with a preferred drug;
(v) the patient is a new or previous Medicaid client with an existing diagnosis
previously stabilized with a nonpreferred drug; or
(vi) other valid reasons as determined by the department.
(g) A prior authorization granted under Subsection (2)(f) is valid for one year from the
date the department grants the prior authorization and shall be renewed in accordance with
Subsection (2)(f).
(3) (a) For purposes of this Subsection (3), "psychotropic drug" means the following
classes of drugs:
(i) atypical anti-psychotic;
(ii) anti-depressant;
(iii) anti-convulsant/mood stabilizer;
(iv) anti-anxiety; and
(v) attention deficit hyperactivity disorder stimulant.
(b) The department shall develop a preferred drug list for psychotropic drugs. Except
as provided in Subsection (3)(d), a preferred drug list for psychotropic drugs developed under
this section shall allow a health care provider to override the preferred drug list by writing
"dispense as written" on the prescription for the psychotropic drug. A health care provider may
not override Section 
58-17b-606
 by writing "dispense as written" on a prescription.
(c) The department, and a Medicaid accountable care organization that is responsible
for providing behavioral health, shall:
(i) establish a system to:
(A) track health care provider prescribing patterns for psychotropic drugs;
(B) educate health care providers who are not complying with the preferred drug list;
and
(C) implement peer to peer education for health care providers whose prescribing
practices continue to not comply with the preferred drug list; and
(ii) determine whether health care provider compliance with the preferred drug list is at
least:
(A) 55% of prescriptions by July 1, 2017;
(B) 65% of prescriptions by July 1, 2018; and
(C) 75% of prescriptions by July 1, 2019.
(d) Beginning October 1, 2019, the department shall eliminate the dispense as written
override for the preferred drug list, and shall implement a prior authorization system for
psychotropic drugs, in accordance with Subsection (2)(f), if by July 1, 2019, the department has
not realized annual savings from implementing the preferred drug list for psychotropic drugs of
at least $750,000 General Fund savings.
[
(e) The department shall report to the Health and Human Services Interim Committee
and the Social Services Appropriations Subcommittee before November 30, 2016, and before
each November 30 thereafter regarding compliance with and savings from implementation of
this Subsection (3).
]
Section 24. Section 
26-21-2
 is amended to read:
26-21-2.
Definitions.
As used in this chapter:
(1) "Abortion clinic" means a type I abortion clinic or a type II abortion clinic.
(2) "Activities of daily living" means essential activities including:
(a) dressing;
(b) eating;
(c) grooming;
(d) bathing;
(e) toileting;
(f) ambulation;
(g) transferring; and
(h) self-administration of medication.
(3) "Ambulatory surgical facility" means a freestanding facility, which provides
surgical services to patients not requiring hospitalization.
(4) "Assistance with activities of daily living" means providing of or arranging for the
provision of assistance with activities of daily living.
(5) (a) "Assisted living facility" means:
(i) a type I assisted living facility, which is a residential facility that provides assistance
with activities of daily living and social care to two or more residents who:
(A) require protected living arrangements; and
(B) are capable of achieving mobility sufficient to exit the facility without the
assistance of another person; and
(ii) a type II assisted living facility, which is a residential facility with a home-like
setting that provides an array of coordinated supportive personal and health care services
available 24 hours per day to residents who have been assessed under department rule to need
any of these services.
(b) Each resident in a type I or type II assisted living facility shall have a service plan
based on the assessment, which may include:
(i) specified services of intermittent nursing care;
(ii) administration of medication; and
(iii) support services promoting residents' independence and self sufficiency.
(6) "Birthing center" means a facility that:
(a) receives maternal clients and provides care during pregnancy, delivery, and
immediately after delivery; and
(b) (i) is freestanding; or
(ii) is not freestanding, but meets the requirements for an alongside midwifery unit
described in Subsection 
26-21-29
(7).
(7) "Committee" means the Health Facility Committee created in Section [
26-1-7
]
26B-1-204
.
(8) "Consumer" means any person not primarily engaged in the provision of health care
to individuals or in the administration of facilities or institutions in which such care is provided
and who does not hold a fiduciary position, or have a fiduciary interest in any entity involved in
the provision of health care, and does not receive, either directly or through his spouse, more
than 1/10 of his gross income from any entity or activity relating to health care.
(9) "End stage renal disease facility" means a facility which furnishes staff-assisted
kidney dialysis services, self-dialysis services, or home-dialysis services on an outpatient basis.
(10) "Freestanding" means existing independently or physically separated from another
health care facility by fire walls and doors and administrated by separate staff with separate
records.
(11) "General acute hospital" means a facility which provides diagnostic, therapeutic,
and rehabilitative services to both inpatients and outpatients by or under the supervision of
physicians.
(12) "Governmental unit" means the state, or any county, municipality, or other
political subdivision or any department, division, board, or agency of the state, a county,
municipality, or other political subdivision.
(13) (a) "Health care facility" means general acute hospitals, specialty hospitals, home
health agencies, hospices, nursing care facilities, residential-assisted living facilities, birthing
centers, ambulatory surgical facilities, small health care facilities, abortion clinics, facilities
owned or operated by health maintenance organizations, end stage renal disease facilities, and
any other health care facility which the committee designates by rule.
(b) "Health care facility" does not include the offices of private physicians or dentists,
whether for individual or group practice, except that it does include an abortion clinic.
(14) "Health maintenance organization" means an organization, organized under the
laws of any state which:
(a) is a qualified health maintenance organization under 42 U.S.C. Sec. 300e-9; or
(b) (i) provides or otherwise makes available to enrolled participants at least the
following basic health care services: usual physician services, hospitalization, laboratory, x-ray,
emergency, and preventive services and out-of-area coverage;
(ii) is compensated, except for copayments, for the provision of the basic health
services listed in Subsection (14)(b)(i) to enrolled participants by a payment which is paid on a
periodic basis without regard to the date the health services are provided and which is fixed
without regard to the frequency, extent, or kind of health services actually provided; and
(iii) provides physicians' services primarily directly through physicians who are either
employees or partners of such organizations, or through arrangements with individual
physicians or one or more groups of physicians organized on a group practice or individual
practice basis.
(15) (a) "Home health agency" means an agency, organization, or facility or a
subdivision of an agency, organization, or facility which employs two or more direct care staff
persons who provide licensed nursing services, therapeutic services of physical therapy, speech
therapy, occupational therapy, medical social services, or home health aide services on a
visiting basis.
(b) "Home health agency" does not mean an individual who provides services under
the authority of a private license.
(16) "Hospice" means a program of care for the terminally ill and their families which
occurs in a home or in a health care facility and which provides medical, palliative,
psychological, spiritual, and supportive care and treatment.
(17) "Nursing care facility" means a health care facility, other than a general acute or
specialty hospital, constructed, licensed, and operated to provide patient living
accommodations, 24-hour staff availability, and at least two of the following patient services:
(a) a selection of patient care services, under the direction and supervision of a
registered nurse, ranging from continuous medical, skilled nursing, psychological, or other
professional therapies to intermittent health-related or paraprofessional personal care services;
(b) a structured, supportive social living environment based on a professionally
designed and supervised treatment plan, oriented to the individual's habilitation or
rehabilitation needs; or
(c) a supervised living environment that provides support, training, or assistance with
individual activities of daily living.
(18) "Person" means any individual, firm, partnership, corporation, company,
association, or joint stock association, and the legal successor thereof.
(19) "Resident" means a person 21 years [
of age
] 
old
 or older who:
(a) as a result of physical or mental limitations or age requires or requests services
provided in an assisted living facility; and
(b) does not require intensive medical or nursing services as provided in a hospital or
nursing care facility.
(20) "Small health care facility" means a four to 16 bed facility that provides licensed
health care programs and services to residents.
(21) "Specialty hospital" means a facility which provides specialized diagnostic,
therapeutic, or rehabilitative services in the recognized specialty or specialties for which the
hospital is licensed.
(22) "Substantial compliance" means in a department survey of a licensee, the
department determines there is an absence of deficiencies which would harm the physical
health, mental health, safety, or welfare of patients or residents of a licensee.
(23) "Type I abortion clinic" means a facility, including a physician's office, but not
including a general acute or specialty hospital, that:
(a) performs abortions, as defined in Section 
76-7-301
, during the first trimester of
pregnancy; and
(b) does not perform abortions, as defined in Section 
76-7-301
, after the first trimester
of pregnancy.
(24) "Type II abortion clinic" means a facility, including a physician's office, but not
including a general acute or specialty hospital, that:
(a) performs abortions, as defined in Section 
76-7-301
, after the first trimester of
pregnancy; or
(b) performs abortions, as defined in Section 
76-7-301
, during the first trimester of
pregnancy and after the first trimester of pregnancy.
Section 25. Section 
26-21-3
 is amended to read:
26-21-3.
Health Facility Committee -- Members -- Terms -- Organization --
Meetings.
(1) (a) The [
Health Facility Committee created by Section 
26-1-7
 consists
] 
committee
shall consist
 of 12 members appointed by the governor in consultation with the executive
director.
(b) The appointed members shall be knowledgeable about health care facilities and
issues.
(2) The membership of the committee is:
(a) one physician, licensed to practice medicine and surgery under Title 58, Chapter 67,
Utah Medical Practice Act, or Title 58, Chapter 68, Utah Osteopathic Medical Practice Act,
who is a graduate of a regularly chartered medical school;
(b) one hospital administrator;
(c) one hospital trustee;
(d) one representative of a freestanding ambulatory surgical facility;
(e) one representative of an ambulatory surgical facility that is affiliated with a
hospital;
(f) one representative of the nursing care facility industry;
(g) one registered nurse, licensed to practice under Title 58, Chapter 31b, Nurse
Practice Act;
(h) one licensed architect or engineer with expertise in health care facilities;
(i) one representative of assisted living facilities licensed under this chapter;
(j) two consumers, one of whom has an interest in or expertise in geriatric care; and
(k) one representative from either a home health care provider or a hospice provider.
(3) (a) Except as required by Subsection (3)(b), members shall be appointed for a term
of four years.
(b) Notwithstanding the requirements of Subsection (3)(a), the governor shall, at the
time of appointment or reappointment, adjust the length of terms to ensure that the terms of
committee members are staggered so that approximately half of the committee is appointed
every two years.
(c) When a vacancy occurs in the membership for any reason, the replacement shall be
appointed for the unexpired term by the governor, giving consideration to recommendations
made by the committee, with the consent of the Senate.
(d) A member may not serve more than two consecutive full terms or 10 consecutive
years, whichever is less. However, a member may continue to serve as a member until the
member is replaced.
(e) The committee shall annually elect from its membership a chair and vice chair.
(f) The committee shall meet at least quarterly, or more frequently as determined by the
chair or five members of the committee.
(g) Six members constitute a quorum. A vote of the majority of the members present
constitutes action of the committee.
Section 26. Section 
26-23b-102
 is amended to read:
26-23b-102.
Definitions.
As used in this chapter:
(1) "Bioterrorism" means:
(a) the intentional use of any microorganism, virus, infectious substance, or biological
product to cause death, disease, or other biological malfunction in a human, an animal, a plant,
or another living organism in order to influence, intimidate, or coerce the conduct of
government or a civilian population; and
(b) includes anthrax, botulism, small pox, plague, tularemia, and viral hemorrhagic
fevers.
[
(2) "Department" means the Department of Health created in Section 
26-1-4
 and a
local health department as defined in Section 
26A-1-102
.
]
[
(3)
] 
(2)
 "Diagnostic information" means a clinical facility's record of individuals who
present for treatment, including the reason for the visit, chief complaint, presenting diagnosis,
final diagnosis, and any pertinent lab results.
[
(4)
] 
(3)
 "Epidemic or pandemic disease":
(a) means the occurrence in a community or region of cases of an illness clearly in
excess of normal expectancy; and
(b) includes diseases designated by the [
Department of Health
] 
department
 which have
the potential to cause serious illness or death.
[
(5)
] 
(4)
 "Exigent circumstances" means a significant change in circumstances
following the expiration of a public health emergency declared in accordance with this title
that:
(a) substantially increases the threat to public safety or health relative to the
circumstances in existence when the public health emergency expired;
(b) poses an imminent threat to public safety or health; and
(c) was not known or foreseen and could not have been known or foreseen at the time
the public health emergency expired.
[
(6)
] 
(5)
 "Health care provider" means the same as that term is defined in Section
78B-3-403
.
[
(7)
] 
(6)
 "Legislative emergency response committee" means the same as that term is
defined in Section 
53-2a-203
.
[
(8)
] 
(7)
 (a) "Order of constraint" means an order, rule, or regulation issued in response
to a declared public health emergency under this chapter, that:
(i) applies to all or substantially all:
(A) individuals or a certain group of individuals; or
(B) public places or certain types of public places; and
(ii) for the protection of the public health and in response to the declared public health
emergency:
(A) establishes, maintains, or enforces isolation or quarantine;
(B) establishes, maintains, or enforces a stay-at-home order;
(C) exercises physical control over property or individuals;
(D) requires an individual to perform a certain action or engage in certain behavior; or
(E) closes theaters, schools, or other public places or prohibits gatherings of people to
protect the public health.
(b) "Order of constraint" includes a stay-at-home order.
[
(9)
] 
(8)
 "Public health emergency" means an occurrence or imminent credible threat of
an illness or health condition, caused by bioterrorism, epidemic or pandemic disease, or novel
and highly fatal infectious agent or biological toxin, that poses a substantial risk of a significant
number of human fatalities or incidents of permanent or long-term disability. Such illness or
health condition includes an illness or health condition resulting from a natural disaster.
[
(10)
] 
(9)
 "Reportable emergency illness and health condition" includes the diseases,
conditions, or syndromes designated by the [
Department of Health
] 
department
.
[
(11)
] 
(10)
 "Stay-at-home order" means an order of constraint that:
(a) restricts movement of the general population to suppress or mitigate an epidemic or
pandemic disease by directing individuals within a defined geographic area to remain in their
respective residences; and
(b) may include exceptions for certain essential tasks.
Section 27. Section 
26-25-1
 is amended to read:
26-25-1.
Authority to provide data on treatment and condition of persons to
designated agencies -- Immunity from liability.
(1) Any person, health facility, or other organization may, without incurring liability,
provide the following information to the persons and entities described in Subsection (2):
(a) information as determined by the state registrar of vital records appointed under
Title 26, Chapter 2, Utah Vital Statistics Act;
(b) interviews;
(c) reports;
(d) statements;
(e) memoranda;
(f) familial information; and
(g) other data relating to the condition and treatment of any person.
(2) The information described in Subsection (1) may be provided to:
(a) the department and local health departments;
(b) the Division of [
Substance Abuse and Mental Health
] 
Integrated Healthcare
 within
the Department of 
Health and
 Human Services;
(c) scientific and health care research organizations affiliated with institutions of higher
education;
(d) the Utah Medical Association or any of its allied medical societies;
(e) peer review committees;
(f) professional review organizations;
(g) professional societies and associations; and
(h) any health facility's in-house staff committee for the uses described in Subsection
(3).
(3) The information described in Subsection (1) may be provided for the following
purposes:
(a) study and advancing medical research, with the purpose of reducing the incidence
of disease, morbidity, or mortality; or
(b) the evaluation and improvement of hospital and health care rendered by hospitals,
health facilities, or health care providers.
(4) Any person may, without incurring liability, provide information, interviews,
reports, statements, memoranda, or other information relating to the ethical conduct of any
health care provider to peer review committees, professional societies and associations, or any
in-hospital staff committee to be used for purposes of intraprofessional society or association
discipline.
(5) No liability may arise against any person or organization as a result of:
(a) providing information or material authorized in this section;
(b) releasing or publishing findings and conclusions of groups referred to in this
section to advance health research and health education; or
(c) releasing or publishing a summary of these studies in accordance with this chapter.
(6) As used in this chapter:
(a) "health care provider" has the meaning set forth in Section 
78B-3-403
; and
(b) "health care facility" has the meaning set forth in Section 
26-21-2
.
Section 28. Section 
26-33a-102
 is amended to read:
26-33a-102.
Definitions.
As used in this chapter:
(1) "Committee" means the Health Data Committee created by Section [
26-1-7
]
26B-1-204
.
(2) "Control number" means a number assigned by the committee to an individual's
health data as an identifier so that the health data can be disclosed or used in research and
statistical analysis without readily identifying the individual.
(3) "Data supplier" means a health care facility, health care provider, self-funded
employer, third-party payor, health maintenance organization, or government department which
could reasonably be expected to provide health data under this chapter.
(4) "Disclosure" or "disclose" means the communication of health care data to any
individual or organization outside the committee, its staff, and contracting agencies.
[
(5) "Executive director" means the director of the department.
]
[
(6)
] 
(5)
 (a) "Health care facility" means a facility that is licensed by the department
under Title 26, Chapter 21, Health Care Facility Licensing and Inspection Act.
(b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
committee, with the concurrence of the department, may by rule add, delete, or modify the list
of facilities that come within this definition for purposes of this chapter.
[
(7)
] 
(6)
 "Health care provider" means any person, partnership, association,
corporation, or other facility or institution that renders or causes to be rendered health care or
professional services as a physician, physician assistant, registered nurse, licensed practical
nurse, nurse-midwife, dentist, dental hygienist, optometrist, clinical laboratory technologist,
pharmacist, physical therapist, podiatric physician, psychologist, chiropractic physician,
naturopathic physician, osteopathic physician, osteopathic physician and surgeon, audiologist,
speech pathologist, certified social worker, social service worker, social service aide, marriage
and family counselor, or practitioner of obstetrics, and others rendering similar care and
services relating to or arising out of the health needs of persons or groups of persons, and
officers, employees, or agents of any of the above acting in the course and scope of their
employment.
[
(8)
] 
(7)
 "Health data" means information relating to the health status of individuals,
health services delivered, the availability of health manpower and facilities, and the use and
costs of resources and services to the consumer, except vital records as defined in Section
26-2-2
 shall be excluded.
[
(9)
] 
(8)
 "Health maintenance organization" has the meaning set forth in Section
31A-8-101
.
[
(10)
] 
(9)
 "Identifiable health data" means any item, collection, or grouping of health
data that makes the individual supplying or described in the health data identifiable.
[
(11) "Individual" means a natural person.
]
[
(12)
] 
(10)
 "Organization" means any corporation, association, partnership, agency,
department, unit, or other legally constituted institution or entity, or part thereof.
[
(13)
] 
(11)
 "Research and statistical analysis" means activities using health data
analysis including:
(a) describing the group characteristics of individuals or organizations;
(b) analyzing the noncompliance among the various characteristics of individuals or
organizations;
(c) conducting statistical procedures or studies to improve the quality of health data;
(d) designing sample surveys and selecting samples of individuals or organizations;
and
(e) preparing and publishing reports describing these matters.
[
(14)
] 
(12)
 "Self-funded employer" means an employer who provides for the payment
of health care services for employees directly from the employer's funds, thereby assuming the
financial risks rather than passing them on to an outside insurer through premium payments.
[
(15)
] 
(13)
 "Plan" means the plan developed and adopted by the Health Data
Committee under Section 
26-33a-104
.
[
(16)
] 
(14)
 "Third party payor" means:
(a) an insurer offering a health benefit plan, as defined by Section 
31A-1-301
, to at
least 2,500 enrollees in the state;
(b) a nonprofit health service insurance corporation licensed under Title 31A, Chapter
7, Nonprofit Health Service Insurance Corporations;
(c) a program funded or administered by Utah for the provision of health care services,
including the Medicaid and medical assistance programs described in Chapter 18, Medical
Assistance Act; and
(d) a corporation, organization, association, entity, or person:
(i) which administers or offers a health benefit plan to at least 2,500 enrollees in the
state; and
(ii) which is required by administrative rule adopted by the department in accordance
with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to supply health data to the
committee.
Section 29. Section 
26-33a-103
 is amended to read:
26-33a-103.
Committee membership -- Terms -- Chair -- Compensation.
(1) The [
Health Data Committee created by Section 
26-1-7
] 
committee
 shall be
composed of 15 members.
(2) (a) One member shall be:
(i) the commissioner of the Utah Insurance Department; or
(ii) the commissioner's designee who shall have knowledge regarding the health care
system and characteristics and use of health data.
(b) Fourteen members shall be appointed by the governor with the advice and consent
of the Senate in accordance with Subsection (3) and in accordance with Title 63G, Chapter 24,
Part 2, Vacancies. No more than seven members of the committee appointed by the governor
may be members of the same political party.
(3) The members of the committee appointed under Subsection (2)(b) shall:
(a) be knowledgeable regarding the health care system and the characteristics and use
of health data;
(b) be selected so that the committee at all times includes individuals who provide
care;
(c) include one person employed by or otherwise associated with a general acute
hospital as defined by Section 
26-21-2
, who is knowledgeable about the collection, analysis,
and use of health care data;
(d) include two physicians, as defined in Section 
58-67-102
:
(i) who are licensed to practice in this state;
(ii) who actively practice medicine in this state;
(iii) who are trained in or have experience with the collection, analysis, and use of
health care data; and
(iv) one of whom is selected by the Utah Medical Association;
(e) include three persons:
(i) who are:
(A) employed by or otherwise associated with a business that supplies health care
insurance to its employees; and
(B) knowledgeable about the collection and use of health care data; and
(ii) at least one of whom represents an employer employing 50 or fewer employees;
(f) include three persons representing health insurers:
(i) at least one of whom is employed by or associated with a third-party payor that is
not licensed under Title 31A, Chapter 8, Health Maintenance Organizations and Limited
Health Plans;
(ii) at least one of whom is employed by or associated with a third party payer that is
licensed under Title 31A, Chapter 8, Health Maintenance Organizations and Limited Health
Plans; and
(iii) who are trained in, or experienced with the collection, analysis, and use of health
care data;
(g) include two consumer representatives:
(i) from organized consumer or employee associations; and
(ii) knowledgeable about the collection and use of health care data;
(h) include one person:
(i) representative of a neutral, non-biased entity that can demonstrate that it has the
broad support of health care payers and health care providers; and
(ii) who is knowledgeable about the collection, analysis, and use of health care data;
and
(i) include two persons representing public health who are trained in, or experienced
with the collection, use, and analysis of health care data.
(4) (a) Except as required by Subsection (4)(b), as terms of current committee members
expire, the governor shall appoint each new member or reappointed member to a four-year
term.
(b) Notwithstanding the requirements of Subsection (4)(a), the governor shall, at the
time of appointment or reappointment, adjust the length of terms to ensure that the terms of
committee members are staggered so that approximately half of the committee is appointed
every two years.
(c) Members may serve after their terms expire until replaced.
(5) When a vacancy occurs in the membership for any reason, the replacement shall be
appointed for the unexpired term.
(6) Committee members shall annually elect a chair of the committee from among their
membership. The chair shall report to the executive director.
(7) The committee shall meet at least once during each calendar quarter. Meeting dates
shall be set by the chair upon 10 working days notice to the other members, or upon written
request by at least four committee members with at least 10 working days notice to other
committee members.
(8) Eight committee members constitute a quorum for the transaction of business. 
Action may not be taken except upon the affirmative vote of a majority of a quorum of the
committee.
(9) A member may not receive compensation or benefits for the member's service, but
may receive per diem and travel expenses in accordance with:
(a) Section 
63A-3-106
;
(b) Section 
63A-3-107
; and
(c) rules made by the Division of Finance pursuant to Sections 
63A-3-106
 and
63A-3-107
.
(10) All meetings of the committee shall be open to the public, except that the
committee may hold a closed meeting if the requirements of Sections 
52-4-204
, 
52-4-205
, and
52-4-206
 are met.
(11) A member shall comply with the conflict of interest provisions described in Title
63G, Chapter 24, Part 3, Conflicts of Interest.
Section 30. Section 
26-39-102
 is amended to read:
26-39-102.
Definitions.
As used in this chapter:
(1) "Advisory committee" means the Residential Child Care Licensing Advisory
Committee[
,
] created in Section [
26-1-7
] 
26B-1-204
.
(2) (a) "Center based child care" means, except as provided in Subsection (2)(b), a
child care program licensed under this chapter.
(b) "Center based child care" does not include:
(i) a residential child care provider certified under Section 
26-39-402
; or
(ii) a facility or program exempt under Section 
26-39-403
.
(3) "Child care" means continuous care and supervision of five or more qualifying
children, that is:
(a) in lieu of care ordinarily provided by a parent in the parent's home;
(b) for less than 24 hours a day; and
(c) for direct or indirect compensation.
(4) "Child care program" means a child care facility or program operated by a person
who holds a license or certificate issued in accordance with this chapter.
(5) "Exempt provider" means a person who provides care described in Subsection
26-39-403
(2).
(6) "Licensing committee" means the Child Care Center Licensing Committee created
in Section [
26-1-7
] 
26B-1-204
.
(7) "Public school" means:
(a) a school, including a charter school, that:
(i) is directly funded at public expense; and
(ii) provides education to qualifying children for any grade from first grade through
twelfth grade; or
(b) a school, including a charter school, that provides:
(i) preschool or kindergarten to qualifying children, regardless of whether the preschool
or kindergarten is funded at public expense; and
(ii) education to qualifying children for any grade from first grade through twelfth
grade, if each grade, from first grade to twelfth grade, that is provided at the school, is directly
funded at public expense.
(8) "Qualifying child" means an individual who is:
(a) (i) under the age of 13 
years old
; or
(ii) under the age of 18 
years old
, if the person has a disability; and
(b) a child of:
(i) a person other than the person providing care to the child;
(ii) a licensed or certified residential child care provider, if the child is under the age of
four; or
(iii) an employee or owner of a licensed child care center, if the child is under the age
of four.
(9) "Residential child care" means child care provided in the home of a provider.
Section 31. Section 
26-39-200
 is amended to read:
26-39-200.
Child Care Center Licensing Committee.
(1) (a) The [
Child Care Center Licensing Committee created in Section 
26-1-7
]
licensing committee
 shall be comprised of seven members appointed by the governor and
approved by the Senate in accordance with this subsection.
(b) The governor shall appoint three members who:
(i) have at least five years of experience as an owner in or director of a for profit or
not-for-profit center based child care; and
(ii) hold an active license as a child care center from the department to provide center
based child care.
(c) (i) The governor shall appoint one member to represent each of the following:
(A) a parent with a child in center based child care;
(B) a child development expert from the state system of higher education;
(C) except as provided in Subsection (1)(e), a pediatrician licensed in the state; and
(D) an architect licensed in the state.
(ii) Except as provided in Subsection (1)(c)(i)(B), a member appointed under
Subsection (1)(c)(i) may not be an employee of the state or a political subdivision of the state.
(d) At least one member described in Subsection (1)(b) shall at the time of appointment
reside in a county that is not a county of the first class.
(e) For the appointment described in Subsection (1)(c)(i)(C), the governor may appoint
a health care professional who specializes in pediatric health if:
(i) the health care professional is licensed under:
(A) Title 58, Chapter 31b, Nurse Practice Act, as an advanced practice nurse
practitioner; or
(B) Title 58, Chapter 70a, Utah Physician Assistant Act; and
(ii) before appointing a health care professional under this Subsection (1)(e), the
governor:
(A) sends a notice to a professional physician organization in the state regarding the
opening for the appointment described in Subsection (1)(c)(i)(C); and
(B) receives no applications from a pediatrician who is licensed in the state for the
appointment described in Subsection (1)(c)(i)(C) within 90 days after the day on which the
governor sends the notice described in Subsection (1)(e)(ii)(A).
(2) (a) Except as required by Subsection (2)(b), as terms of current members expire, the
governor shall appoint each new member or reappointed member to a four-year term ending
June 30.
(b) Notwithstanding the requirements of Subsection (2)(a), the governor shall, at the
time of appointment or reappointment, adjust the length of terms to ensure that the terms of
members are staggered so that approximately half of the licensing committee is appointed
every two years.
(c) Upon the expiration of the term of a member of the licensing committee, the
member shall continue to hold office until a successor is appointed and qualified.
(d) A member may not serve more than two consecutive terms.
(e) Members of the licensing committee shall annually select one member to serve as
chair who shall establish the agenda for licensing committee meetings.
(3) When a vacancy occurs in the membership for any reason, the governor, with the
advice and consent of the Senate, shall appoint a replacement for the unexpired term.
(4) (a) The licensing committee shall meet at least every two months.
(b) The director may call additional meetings:
(i) at the director's discretion;
(ii) upon the request of the chair; or
(iii) upon the written request of three or more members.
(5) Three members of the licensing committee constitute a quorum for the transaction
of business.
(6) A member of the licensing committee may not receive compensation or benefits for
the member's service, but may receive per diem and travel expenses as allowed in:
(a) Section 
63A-3-106
;
(b) Section 
63A-3-107
; and
(c) rules made by the Division of Finance in accordance with Sections 
63A-3-106
 and
63A-3-107
.
Section 32. Section 
26-39-201
 is amended to read:
26-39-201.
Residential Child Care Licensing Advisory Committee.
(1) (a) The [
Residential Child Care Licensing Advisory Committee created in Section
26-1-7
] 
advisory committee
 shall advise the department on rules made by the department under
this chapter for residential child care.
(b) The advisory committee shall be composed of the following nine members who
shall be appointed by the executive director:
(i) two child care consumers;
(ii) three licensed residential child care providers;
(iii) one certified residential child care provider;
(iv) one individual with expertise in early childhood development; and
(v) two health care providers.
(2) (a) Members of the advisory committee shall be appointed for four-year terms,
except for those members who have been appointed to complete an unexpired term.
(b) Appointments and reappointments may be staggered so that 1/4 of the advisory
committee changes each year.
(c) The advisory committee shall annually elect a chair from its membership.
(3) The advisory committee shall meet at least quarterly, or more frequently as
determined by the executive director, the chair, or three or more members of the committee.
(4) Five members constitute a quorum and a vote of the majority of the members
present constitutes an action of the advisory committee.
(5) A member of the advisory committee may not receive compensation or benefits for
the member's service, but may receive per diem and travel expenses as allowed in:
(a) Section 
63A-3-106
;
(b) Section 
63A-3-107
; and
(c) rules made by the Division of Finance in accordance with Sections 
63A-3-106
 and
63A-3-107
.
Section 33. Section 
26-39-301
 is amended to read:
26-39-301.
Duties of the department -- Enforcement of chapter -- Licensing
committee requirements.
(1) With regard to residential child care licensed or certified under this chapter, the
department may:
(a) make and enforce rules to implement this chapter and, as necessary to protect
qualifying children's common needs for a safe and healthy environment, to provide for:
(i) adequate facilities and equipment; and
(ii) competent caregivers, considering the age of the children and the type of program
offered by the licensee; and
(b) make and enforce rules necessary to carry out the purposes of this chapter, in the
following areas:
(i) requirements for applications, the application process, and compliance with other
applicable statutes and rules;
(ii) documentation and policies and procedures that providers shall have in place in
order to be licensed, in accordance with Subsection (1)(a);
(iii) categories, classifications, and duration of initial and ongoing licenses;
(iv) changes of ownership or name, changes in licensure status, and changes in
operational status;
(v) license expiration and renewal, contents, and posting requirements;
(vi) procedures for inspections, complaint resolution, disciplinary actions, and other
procedural measures to encourage and assure compliance with statute and rule; and
(vii) guidelines necessary to assure consistency and appropriateness in the regulation
and discipline of licensees.
(2) The department shall enforce the rules established by the licensing committee, with
the concurrence of the department, for center based child care.
(3) Rules made under this chapter by the department, or the licensing committee with
the concurrence of the department, shall be made in accordance with Title 63G, Chapter 3,
Utah Administrative Rulemaking Act.
(4) (a) The licensing committee and the department may not regulate educational
curricula, academic methods, or the educational philosophy or approach of the provider.
(b) The licensing committee and the department shall allow for a broad range of
educational training and academic background in certification or qualification of child day care
directors.
(5) In licensing and regulating child care programs, the licensing committee and the
department shall reasonably balance the benefits and burdens of each regulation and, by rule,
provide for a range of licensure, depending upon the needs and different levels and types of
child care provided.
(6) Notwithstanding the definition of "qualifying child" in Section 
26-39-102
, the
licensing committee and the department shall count children through age 12 and children with
disabilities through age 18 toward the minimum square footage requirement for indoor and
outdoor areas, including the child of:
(a) a licensed residential child care provider; or
(b) an owner or employee of a licensed child care center.
(7) Notwithstanding Subsection (1)(a)(i), the licensing committee and the department
may not exclude floor space used for furniture, fixtures, or equipment from the minimum
square footage requirement for indoor and outdoor areas if the furniture, fixture, or equipment
is used:
(a) by qualifying children;
(b) for the care of qualifying children; or
(c) to store classroom materials.
(8) (a) A child care center constructed prior to January 1, 2004, and licensed and
operated as a child care center continuously since January 1, 2004, is exempt from the licensing
committee's and the department's group size restrictions, if the child to caregiver ratios are
maintained, and adequate square footage is maintained for specific classrooms.
(b) An exemption granted under Subsection (7)(a) is transferrable to subsequent
licensed operators at the center if a licensed child care center is continuously maintained at the
center.
(9) The licensing committee , with the concurrence of the department, shall develop, by
rule, a five-year phased-in compliance schedule for playground equipment safety standards.
(10) The department shall set and collect licensing and other fees in accordance with
Section [
26-1-6
] 
26-1-209
.
(11) Nothing in this chapter may be interpreted to grant a municipality or county the
authority to license or certify a child care program.
Section 34. Section 
26-39-402
 is amended to read:
26-39-402.
Residential child care certificate.
(1) A residential child care provider of five to eight qualifying children shall obtain a
Residential Child Care Certificate from the department, unless Section 
26-39-403
 applies.
(2) The minimum qualifications for a Residential Child Care Certificate are:
(a) the submission of:
(i) an application in the form prescribed by the department;
(ii) a certification and criminal background fee established in accordance with Section
[
26-1-6
] 
26B-1-209
; and
(iii) in accordance with Section 
26-39-404
, identifying information for each adult
person and each juvenile age 12 through 17 years [
of age
] 
old
 who resides in the provider's
home:
(A) for processing by the Department of Public Safety to determine whether any such
person has been convicted of a crime;
(B) to screen for a substantiated finding of child abuse or neglect by a juvenile court;
and
(C) to discover whether the person is listed in the Licensing Information System
described in Section 
62A-4a-1006
;
(b) an initial and annual inspection of the provider's home within 90 days of sending an
intent to inspect notice to:
(i) check the immunization record, as defined in Section 
53G-9-301
, of each qualifying
child who receives child care in the provider's home;
(ii) identify serious sanitation, fire, and health hazards to qualifying children; and
(iii) make appropriate recommendations; and
(c) annual training consisting of 10 hours of department-approved training as specified
by the department by administrative rule, including a current department-approved CPR and
first aid course.
(3) If a serious sanitation, fire, or health hazard has been found during an inspection
conducted pursuant to Subsection (2)(b), the department shall require corrective action for the
serious hazards found and make an unannounced follow up inspection to determine
compliance.
(4) In addition to an inspection conducted pursuant to Subsection (2)(b), the
department may inspect the home of a residential care provider of five to eight qualifying
children in response to a complaint of:
(a) child abuse or neglect;
(b) serious health hazards in or around the provider's home; or
(c) providing residential child care without the appropriate certificate or license.
(5) Notwithstanding this section:
(a) a license under Section 
26-39-401
 is required of a residential child care provider
who cares for nine or more qualifying children;
(b) a certified residential child care provider may not provide care to more than two
qualifying children under the age of two; and
(c) an inspection may be required of a residential child care provider in connection
with a federal child care program.
(6) With respect to residential child care, the department may only make and enforce
rules necessary to implement this section.
Section 35. Section 
26-49-102
 is amended to read:
26-49-102.
Definitions.
As used in this chapter:
[
(1) "Department of Health" shall have the meaning provided for in Section 
26-1-4
.
]
[
(2)
] 
(1)
 "Disaster relief organization" means an entity that:
(a) provides emergency or disaster relief services that include health or veterinary
services provided by volunteer health practitioners;
(b) is designated or recognized as a provider of the services described in Subsection
[
(2)
] 
(1)
(a) under a disaster response and recovery plan adopted by:
(i) an agency of the federal government;
[
(ii) the state Department of Health; or
]
(ii) the department; or
(iii) a local health department; and
(c) regularly plans and conducts its activities in coordination with:
(i) an agency of the federal government;
[
(ii) the Department of Health; or
]
(ii) the department; or
(iii) a local health department.
[
(3)
] 
(2)
 "Emergency" means:
(a) a state of emergency declared by:
(i) the president of the United States;
(ii) the governor in accordance with Title 53, Chapter 2a, Part 2, Disaster Response and
Recovery Act; and
(iii) the chief executive officer of a political subdivision in accordance with Title 53,
Chapter 2a, Part 2, Disaster Response and Recovery Act, for a local emergency; or
(b) a public health emergency declared by:
(i) the executive director through a public health order in accordance with Title 26,
Utah Health Code; or
(ii) a local health department for a location under the local health department's
jurisdiction.
[
(4)
] 
(3)
 "Emergency Management Assistance Compact" means the interstate compact
approved by Congress by Public Law No. 104-321, 110 Stat. 3877 and adopted by Utah in Title
53, Chapter 2a, Part 4, Emergency Management Assistance Compact.
[
(5)
] 
(4)
 "Entity" means a person other than an individual.
[
(6)
] 
(5)
 "Health facility" means an entity licensed under the laws of this or another
state to provide health or veterinary services.
[
(7)
] 
(6)
 "Health practitioner" means an individual licensed under Utah law or another
state to provide health or veterinary services.
[
(8)
] 
(7)
 "Health services" means the provision of treatment, care, advice, guidance,
other services, or supplies related to the health or death of individuals or human populations, to
the extent necessary to respond to an emergency, including:
(a) the following, concerning the physical or mental condition or functional status of an
individual or affecting the structure or function of the body:
(i) preventive, diagnostic, therapeutic, rehabilitative, maintenance, or palliative care; or
(ii) counseling, assessment, procedures, or other services;
(b) selling or dispensing a drug, a device, equipment, or another item to an individual
in accordance with a prescription; and
(c) funeral, cremation, cemetery, or other mortuary services.
[
(9)
] 
(8)
 "Host entity":
(a) means an entity operating in Utah that:
(i) uses volunteer health practitioners to respond to an emergency; and
(ii) is responsible during an emergency, for actually delivering health services to
individuals or human populations, or veterinary services to animals or animal populations; and
(b) may include disaster relief organizations, hospitals, clinics, emergency shelters,
health care provider offices, or any other place where volunteer health practitioners may
provide health or veterinary services.
[
(10)
] 
(9)
 (a) "License" means authorization by a state to engage in health or veterinary
services that are unlawful without authorization.
(b) "License" includes authorization under this title to an individual to provide health
or veterinary services based upon a national or state certification issued by a public or private
entity.
[
(11)
] 
(10)
 "Local emergency" means the same as that term is defined in Section
53-2a-203
.
[
(12)
] 
(11)
 "Local health department" means the same as that term is defined in Section
26A-1-102
.
[
(13) "Person" means an individual, corporation, business trust, trust, partnership,
limited liability company, association, joint venture, public corporation, government or
governmental subdivision, agency, or instrumentality, or any other legal or commercial entity.
]
[
(14)
] 
(12)
 "Public health emergency" means the same as that term is defined in
Section 
26-23b-102
.
[
(15)
] 
(13)
 "Scope of practice" means the extent of the authorization to provide health
or veterinary services granted to a health practitioner by a license issued to the practitioner in
the state in which the principal part of the practitioner's services are rendered, including any
conditions imposed by the licensing authority.
[
(16)
] 
(14)
 "State" means:
(a) a state of the United States;
(b) the District of Columbia;
(c) Puerto Rico;
(d) the United States Virgin Islands; or
(e) any territory or insular possession subject to the jurisdiction of the United States.
[
(17)
] 
(15)
 "Veterinary services" shall have the meaning provided for in Subsection
58-28-102
(11).
[
(18)
] 
(16)
 (a) "Volunteer health practitioner" means a health practitioner who provides
health or veterinary services, whether or not the practitioner receives compensation for those
services.
(b) "Volunteer health practitioner" does not include a practitioner who receives
compensation under a preexisting employment relationship with a host entity or affiliate that
requires the practitioner to provide health services in Utah, unless the practitioner is:
(i) not a Utah resident; and
(ii) employed by a disaster relief organization providing services in Utah during an
emergency.
Section 36. Section 
26-54-103
 is amended to read:
26-54-103.
Spinal Cord and Brain Injury Rehabilitation Fund and Pediatric
Neuro-Rehabilitation Fund Advisory Committee -- Creation -- Membership -- Terms --
Duties.
(1) There is created a Spinal Cord and Brain Injury Rehabilitation Fund and Pediatric
Neuro-Rehabilitation Fund Advisory Committee.
(2) The advisory committee shall be composed of 11 members as follows:
(a) the executive director, or the executive director's designee;
(b) two survivors, or family members of a survivor, of a traumatic brain injury
appointed by the governor;
(c) two survivors, or family members of a survivor, of a traumatic spinal cord injury
appointed by the governor;
(d) one traumatic brain injury or spinal cord injury professional appointed by the
governor who, at the time of appointment and throughout the professional's term on the
committee, does not receive a financial benefit from the fund;
(e) two parents of a child with a nonprogressive neurological condition appointed by
the governor;
(f) (i) a physical therapist licensed under Title 58, Chapter 24b, Physical Therapy
Practice Act, with experience treating brain and spinal cord injuries, appointed by the governor;
or
(ii) an occupational therapist licensed under Title 58, Chapter 42a, Occupational
Therapy Practice Act, with experience treating brain and spinal cord injuries, appointed by the
governor;
(g) a member of the House of Representatives appointed by the speaker of the House of
Representatives; and
(h) a member of the Senate appointed by the president of the Senate.
(3) (a) The term of advisory committee members shall be four years. If a vacancy
occurs in the committee membership for any reason, a replacement shall be appointed for the
unexpired term in the same manner as the original appointment.
(b) The committee shall elect a chairperson from the membership.
(c) A majority of the committee constitutes a quorum at any meeting, and, if a quorum
is present at an open meeting, the action of the majority of members shall be the action of the
advisory committee.
(d) The terms of the advisory committee shall be staggered so that members appointed
under Subsections (2)(b), (d), and (f) shall serve an initial two-year term and members
appointed under Subsections (2)(c), (e), and (g) shall serve four-year terms. Thereafter,
members appointed to the advisory committee shall serve four-year terms.
(4) The advisory committee shall comply with the procedures and requirements of:
(a) Title 52, Chapter 4, Open and Public Meetings Act;
(b) Title 63G, Chapter 2, Government Records Access and Management Act; and
(c) Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
(5) (a) A member who is not a legislator may not receive compensation or benefits for
the member's service, but, at the executive director's discretion, may receive per diem and
travel expenses as allowed in:
(i) Section 
63A-3-106
;
(ii) Section 
63A-3-107
; and
(iii) rules adopted by the Division of Finance according to Sections 
63A-3-106
 and
63A-3-107
.
(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.
(6) The advisory committee shall:
(a) adopt rules and procedures in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act, that establish priorities and criteria for the advisory committee
to follow in recommending distribution of money from the fund to assist qualified IRC
501(c)(3) charitable clinics, as defined in Sections 
26-54-102
 and 
26-54-102.5
;
(b) identify, evaluate, and review the quality of care available to:
(i) individuals with spinal cord and brain injuries through qualified IRC 501(c)(3)
charitable clinics, as defined in Section 
26-54-102
; or
(ii) children with nonprogressive neurological conditions through qualified IRC
501(c)(3) charitable clinics, as defined in Section 
26-54-102.5
; 
and
(c) explore, evaluate, and review other possible funding sources and make a
recommendation to the Legislature regarding sources that would provide adequate funding for
the advisory committee to accomplish its responsibilities under this section[
; and
]
.
[
(d) submit an annual report, not later than November 30 of each year, summarizing the
activities of the advisory committee and making recommendations regarding the ongoing needs
of individuals with spinal cord or brain injuries and children with nonprogressive neurological
conditions to:
]
[
(i) the governor;
]
[
(ii) the Health and Human Services Interim Committee; and
]
[
(iii) the Social Services Appropriations Subcommittee.
]
(7) Operating expenses for the advisory committee, including the committee's staff,
shall be paid for only with money from:
(a) the Spinal Cord and Brain Injury Rehabilitation Fund;
(b) the Pediatric Neuro-Rehabilitation Fund; or
(c) both funds.
Section 37. Section 
26-60-104
 is amended to read:
26-60-104.
Enforcement.
(1) The Division of Occupational and Professional Licensing created in Section
58-1-103
 is authorized to enforce the provisions of Section 
26-60-103
 as it relates to providers
licensed under Title 58, Occupations and Professions.
(2) The department is authorized to enforce the provisions of
:
(a)
 Section 
26-60-103
 as it relates to providers licensed under this title[
.
]
; and
[
(3) The Department of Human Services created in Section 
62A-1-102
 is authorized to
enforce the provisions of
]
(b)
 Section 
26-60-103
 as it relates to providers licensed under Title 62A, Chapter 2,
Licensure of Programs and Facilities.
Section 38. Section 
26-67-102
 is amended to read:
26-67-102.
Definitions.
As used in this chapter:
(1) "Adult Autism Treatment Account" means the Adult Autism Treatment Account
created in Section 
26-67-205
.
(2) "Advisory committee" means the Adult Autism Treatment Program Advisory
Committee created in Section [
26-1-7
] 
26B-1-204
.
(3) "Applied behavior analysis" means the same as that term is defined in Section
31A-22-642
.
(4) "Autism spectrum disorder" means the same as that term is defined in Section
31A-22-642
.
(5) "Program" means the Adult Autism Treatment Program created in Section
26-67-201
.
(6) "Qualified individual" means an individual who:
(a) is at least 22 years old;
(b) is a resident of the state;
(c) has been diagnosed by a qualified professional as having:
(i) an autism spectrum disorder; or
(ii) another neurodevelopmental disorder requiring significant supports through
treatment using applied behavior analysis; and
(d) needs significant supports for a condition described in Subsection (6)(c), as
demonstrated by formal assessments of the individual's:
(i) cognitive ability;
(ii) adaptive ability;
(iii) behavior; and
(iv) communication ability.
(7) "Qualified provider" means a provider that is qualified under Section 
26-67-202
 to
provide services for the program.
Section 39. Section 
26-67-202
 is amended to read:
26-67-202.
Adult Autism Treatment Program Advisory Committee --
Membership -- Procedures -- Compensation -- Duties -- Expenses.
(1) The Adult Autism Treatment Advisory Committee created in Section [
26-1-7
]
26B-1-204
 shall consist of six members appointed by the governor to two-year terms as
follows:
(a) one individual who:
(i) has a doctorate degree in psychology;
(ii) is a licensed behavior analyst practicing in the state; and
(iii) has treated adults with an autism spectrum disorder for at least three years;
(b) one individual who is:
(i) employed by the department; and
(ii) has professional experience with the treatment of autism spectrum disorder;
(c) three individuals who have firsthand experience with autism spectrum disorders and
the effects, diagnosis, treatment, and rehabilitation of autism spectrum disorders, including:
(i) family members of an adult with an autism spectrum disorder;
(ii) representatives of an association that advocates for adults with an autism spectrum
disorder; and
(iii) specialists or professionals who work with adults with an autism spectrum
disorder; and
(d) one individual who is:
(i) a health insurance professional;
(ii) holds a Doctor of Medicine or Doctor of Philosophy degree, with professional
experience relating to the treatment of autism spectrum disorder; and
(iii) has a knowledge of autism benefits and therapy that are typically covered by the
health insurance industry.
(2) (a) Notwithstanding Subsection (1), the governor shall, at the time of appointment
or reappointment, adjust the length of terms to ensure the terms of members are staggered so
that approximately half of the advisory committee is appointed every year.
(b) If a vacancy occurs in the membership of the advisory committee, the governor may
appoint a replacement for the unexpired term.
(3) (a) The advisory committee shall annually elect a chair from its membership.
(b) A majority of the advisory committee constitutes a quorum at any meeting and, if a
quorum exists, the action of the majority of members present is the action of the advisory
committee.
(4) The advisory committee shall meet as necessary to:
(a) advise the department regarding implementation of the program;
(b) make recommendations to the department and the Legislature for improving the
program; and
(c) before October 1 each year, provide a written report of the advisory committee's
activities and recommendations to:
(i) the executive director;
(ii) the Health and Human Services Interim Committee; and
(iii) the Social Services Appropriations Subcommittee.
(5) The advisory committee shall comply with the procedures and requirements of:
(a) Title 52, Chapter 4, Open and Public Meetings Act; and
(b) Title 63G, Chapter 2, Government Records Access and Management Act.
(6) A member may not receive compensation or benefits for the member's service, but
may receive per diem and travel expenses in accordance with:
(a) Section 
63A-3-106
;
(b) Section 
63A-3-107
; and
(c) rules made by the Division of Finance pursuant to Sections 
63A-3-106
 and
63A-3-107
.
(7) (a) The department shall staff the advisory committee.
(b) Expenses of the advisory committee, including the cost of advisory committee staff
if approved by the executive director, may be paid only with funds from the Adult Autism
Treatment Account.
Section 40. Section 
26A-1-102
 is amended to read:
26A-1-102.
Definitions.
As used in this part:
(1) "Board" means a local board of health established under Section 
26A-1-109
.
(2) "County governing body" means one of the types of county government provided
for in Title 17, Chapter 52a, Part 2, Forms of County Government.
(3) "County health department" means a local health department that serves a county
and municipalities located within that county.
(4) "Department" means the Department of Health 
and Human Services
 created in
[
Title 26, Chapter 1, Department of Health Organization
] 
Section 
26B-1-201
.
(5) "Local health department" means:
(a) a single county local health department;
(b) a multicounty local health department;
(c) a united local health department; or
(d) a multicounty united local health department.
(6) "Mental health authority" means a local mental health authority created in Section
17-43-301
.
(7) "Multicounty local health department" means a local health department that is
formed under Section 
26A-1-105
 and that serves two or more contiguous counties and
municipalities within those counties.
(8) "Multicounty united local health department" means a united local health
department that is formed under Section 
26A-1-105.5
 and that serves two or more contiguous
counties and municipalities within those counties.
(9) (a) "Order of constraint" means an order, rule, or regulation issued by a local health
department in response to a declared public health emergency under this chapter that:
(i) applies to all or substantially all:
(A) individuals or a certain group of individuals; or
(B) public places or certain types of public places; and
(ii) for the protection of the public health and in response to the declared public health
emergency:
(A) establishes, maintains, or enforces isolation or quarantine;
(B) establishes, maintains, or enforces a stay-at-home order;
(C) exercises physical control over property or individuals;
(D) requires an individual to perform a certain action or engage in a certain behavior;
or
(E) closes theaters, schools, or other public places or prohibits gatherings of people to
protect the public health.
(b) "Order of constraint" includes a stay-at-home order.
(10) "Public health emergency" means the same as that term is defined in Section
26-23b-102
.
(11) "Single county local health department" means a local health department that is
created by the governing body of one county to provide services to the county and the
municipalities within that county.
(12) "Stay-at-home order" means an order of constraint that:
(a) restricts movement of the general population to suppress or mitigate an epidemic or
pandemic disease by directing individuals within a defined geographic area to remain in their
respective residences; and
(b) may include exceptions for certain essential tasks.
(13) "Substance abuse authority" means a local substance abuse authority created in
Section 
17-43-201
.
(14) "United local health department":
(a) means a substance abuse authority, a mental health authority, and a local health
department that join together under Section 
26A-1-105.5
; and
(b) includes a multicounty united local health department.
Section 41. Section 
26A-1-121
 is amended to read:
26A-1-121.
Standards and regulations adopted by local board -- Local standards
not more stringent than federal or state standards -- Administrative and judicial review
of actions.
(1) (a) Subject to Subsection (1)(g), the board may make standards and regulations:
(i) not in conflict with rules of the [
Departments of Health and
] 
department or the
Department of
 Environmental Quality; and
(ii) necessary for the promotion of public health, environmental health quality, injury
control, and the prevention of outbreaks and spread of communicable and infectious diseases.
(b) The standards and regulations under Subsection (1)(a):
(i) supersede existing local standards, regulations, and ordinances pertaining to similar
subject matter; [
and
]
(ii) [
except as provided under Subsection (1)(c) and
] except where specifically allowed
by federal law or state statute, may not be more stringent than those established by federal law,
state statute, or administrative rules adopted by the [
Department of Health
] 
department
 in
accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act[
.
]
; and
[
(c) (i) The board may make standards and regulations more stringent than
corresponding federal law, state statute, or state administrative rules for the purposes described
in Subsection (1)(a), only if the board makes a written finding after public comment and
hearing and based on evidence in the record, that corresponding federal laws, state statutes, or
state administrative rules are not adequate to protect public health and the environment of the
state.
]
[
(ii) The findings shall address the public health information and studies contained in
the record, which form the basis for the board's conclusion.
]
(iii) notwithstanding Subsection (1)(b)(ii), may be more stringent than those
established by federal law, state statute, or administrative rule adopted by the department if the
standard or regulation is:
(A) in effect on February 1, 2022; and
(B) not modified or amended after February 1, 2022.
[
(d)
] 
(c)
 The board shall provide public hearings prior to the adoption of any regulation
or standard.
(d)
 Notice of any public hearing shall be published at least twice throughout the county
or counties served by the local health department. The publication may be in one or more
newspapers, if the notice is provided in accordance with this Subsection (1)(d).
(e) The hearings may be conducted by the board at a regular or special meeting, or the
board may appoint hearing officers who may conduct hearings in the name of the board at a
designated time and place.
(f) A record or summary of the proceedings of a hearing shall be taken and filed with
the board.
(g) (i) During a declared public health emergency declared under this chapter or under
Title 26, Chapter 23b, Detection of Public Health Emergencies Act:
(A) except as provided in Subsection (1)(h), a local health department may not issue an
order of constraint without approval of the chief executive officer of the relevant county;
(B) the Legislature may at any time terminate by joint resolution an order of constraint
issued by a local health department in response to a declared public health emergency that has
been in effect for more than 30 days; and
(C) a county governing body may at any time terminate, by majority vote of the
governing body, an order of constraint issued by a local health department in response to a
declared public health emergency.
(ii) (A) For a local health department that serves more than one county, the approval
described in Subsection (1)(g)(i)(A) is required for the chief executive officer for which the
order of constraint is applicable.
(B) For a local health department that serves more than one county, a county governing
body may only terminate an order of constraint as described in Subsection (1)(g)(i)(C) for the
county served by the county governing body.
(h) (i) Notwithstanding Subsection (1)(g)(i)(A), a local health department may issue an
order of constraint without approval of the chief executive officer of the relevant county if the
passage of time necessary to obtain approval of the chief executive officer of the relevant
county as required in Subsection (1)(g)(i)(A) would substantially increase the likelihood of loss
of life due to an imminent threat.
(ii) If a local health department issues an order of constraint as described in Subsection
(1)(h)(i), the local health department shall notify the chief executive officer of the relevant
county before issuing the order of constraint.
(iii) The chief executive officer of the relevant county may terminate an order of
constraint issued as described in Subsection (1)(h)(i) within 72 hours of issuance of the order
of constraint.
(i) (i) During a public health emergency declared as described in this title:
(A) a local health department may not impose an order of constraint on a public
gathering that applies to a religious gathering differently than the order of constraint applies to
any other relevantly similar gathering; and
(B) an individual, while acting or purporting to act within the course and scope of the
individual's official local health department capacity, may not prevent a religious gathering that
is held in a manner consistent with any order of constraint issued pursuant to this title, or
impose a penalty for a previous religious gathering that was held in a manner consistent with
any order of constraint issued pursuant to this title.
(ii) Upon proper grounds, a court of competent jurisdiction may grant an injunction to
prevent the violation of this Subsection (1)(i).
(iii) During a public health emergency declared as described in this title, the
department or a local health department shall not issue a public health order or impose or
implement a regulation that substantially burdens an individual's exercise of religion unless the
department or local health department demonstrates that the application of the burden to the
individual:
(A) is in furtherance of a compelling government interest; and
(B) is the least restrictive means of furthering that compelling government interest.
(iv) Notwithstanding Subsections (1)(i)(i) and (ii), the department or a local health
department shall allow reasonable accommodations for an individual to perform or participate
in a religious practice or rite.
(j) If a local health department declares a public health emergency as described in this
chapter, and the local health department finds that the public health emergency conditions
warrant an extension of the public health emergency beyond the 30-day term or another date
designated by the local legislative body, the local health department shall provide written
notice to the local legislative body at least 10 days before the expiration of the public health
emergency.
(2) (a) A person aggrieved by an action or inaction of the local health department
relating to the public health shall have an opportunity for a hearing with the local health officer
or a designated representative of the local health department. The board shall grant a
subsequent hearing to the person upon the person's written request.
(b) In an adjudicative hearing, a member of the board or the hearing officer may
administer oaths, examine witnesses, and issue notice of the hearings or subpoenas in the name
of the board requiring the testimony of witnesses and the production of evidence relevant to a
matter in the hearing. The local health department shall make a written record of the hearing,
including findings of facts and conclusions of law.
(c) Judicial review of a final determination of the local board may be secured by a
person adversely affected by the final determination, or by the [
Departments of Health or
]
department or the Department of
 Environmental Quality, by filing a petition in the district court
within 30 days after receipt of notice of the board's final determination.
(d) The petition shall be served upon the secretary of the board and shall state the
grounds upon which review is sought.
(e) The board's answer shall certify and file with the court all documents and papers
and a transcript of all testimony taken in the matter together with the board's findings of fact,
conclusions of law, and order.
(f) The appellant and the board are parties to the appeal.
(g) The [
Departments of Health
] 
department
 and 
the Department of
 Environmental
Quality may become a party by intervention as in a civil action upon showing cause.
(h) A further appeal may be taken to the Court of Appeals under Section 
78A-4-103
.
(3) Nothing in the provisions of Subsection (1)(b)(ii) or (c), shall limit the ability of a
local health department board to make standards and regulations in accordance with Subsection
(1)(a) for:
(a) emergency rules made in accordance with Section 
63G-3-304
; or
(b) items not regulated under federal law, state statute, or state administrative rule.
Section 42. Section 
26B-1-102
 is amended to read:
TITLE 26B. UTAH HEALTH AND HUMAN SERVICES CODE
CHAPTER 1. DEPARTMENT OF HEALTH AND HUMAN SERVICES
Part 1. General Provisions
26B-1-102.
Definitions.
As used in this title:
(1) "Department" means the Department of Health and Human Services created in
Section 
26B-1-201
.
[
(2) "Department of Health" means the Department of Health created in Section
26-1-4
.
]
[
(3) "Department of Human Services" means the Department of Human Services
created in Section 
62A-1-102
.
]
(2) "Stabilization services" means in-home services provided to a child with, or who is
at risk for, complex emotional and behavioral needs, including teaching the child's parent or
guardian skills to improve family functioning.
(3) "Public health authority" means an agency or authority of the United States, a state,
a territory, a political subdivision of a state or territory, an Indian tribe, or a person acting under
a grant of authority from or a contract with such an agency, that is responsible for public health
matters as part of the agency or authority's official mandate.
(4) "System of care" means a broad, flexible array of services and supports that:
(a) serve a child with or who is at risk for complex emotional and behavioral needs;
(b) are community based;
(c) are informed about trauma;
(d) build meaningful partnerships with families and children;
(e) integrate service planning, service coordination, and management across state and
local entities;
(f) include individualized case planning;
(g) provide management and policy infrastructure that supports a coordinated network
of interdepartmental service providers, contractors, and service providers who are outside of
the department; and
(h) are guided by the type and variety of services needed by a child with or who is at
risk for complex emotional and behavioral needs and by the child's family.
Section 43. Section 
26B-1-103
 is amended to read:
26B-1-103.
Purpose of title -- Consolidation of functions into single state agency.
The purpose of this title is to consolidate into a single agency of state government all of
the functions 
previously
 exercised by[
:
] 
the Department of Health and the Department of
Human Services to more efficiently and effectively carry out the responsibilities delegated to
the department by state law.
[
(1) the Department of Health, including all of the powers and duties described in Title
26, Utah Health Code; and
]
[
(2) the Department of Human Services, including all of the powers and duties
described in Title 62A, Utah Human Services Code.
]
Section 44. Section 
26B-1-104
, which is renumbered from Section 26-1-32 is
renumbered and amended to read:
[
26-1-32
].
 26B-1-104.
Severability of code provisions.
If [
any
] 
a
 provision of this [
code
] 
title or Title 26, Utah Health Code,
 or the application
of any such provision to any person or circumstance is held invalid, the invalidity does not
affect other provisions or applications of this [
code
] 
title or Title 26, Utah Health Code,
 which
can be given effect without the invalid provision or application, and to this end the provisions
of this [
code
] 
title or Title 26, Utah Health Code,
 are declared to be severable.
Section 45. Section 
26B-1-105
, which is renumbered from Section 26-1-33 is
renumbered and amended to read:
[
26-1-33
].
 26B-1-105.
Individual rights protected.
Nothing in this title [
shall prohibit
] 
prohibits
 an individual from choosing the diet,
therapy, or mode of treatment to be administered to an individual or an individual's family.
Section 46. Section 
26B-1-201
 is amended to read:
Part 2. General Organization and Duties
26B-1-201.
Department of Health and Human Services -- Creation -- Duties.
(1) There is created within state government the Department of Health and Human
Services, which has all of the policymaking functions, regulatory and enforcement powers,
rights, duties, and responsibilities outlined in this title 
and previously vested in the Department
of Health and the Department of Human Services
.
(2) Subject to the limitation and grants of authority in state law, the department shall
serve as the health, health planning, medical assistance, and social services authority of the
state, and for administration of federally assisted state programs or plans is designated as the
sole state agency for:
(a) social service block grants;
(b) alcohol, drug, and mental health programs, including block grants;
(c) child welfare;
(d) state programs supported under the Older Americans Act, 42 U.S.C. Sec. 3001, et
seq.;
(e) public health;
(f) health planning;
(g) maternal and child health;
(h) services for individuals with a disability; and
(i) medical assistance.
(3) A state plan or program administered by the department:
(a) shall be developed in the appropriate divisions or offices of the department in
accordance with applicable requirements of state and federal law; and
(b) may be amended by the executive director to achieve coordination, efficiency, or
economy.
[
(2)
] 
(4)
 In addition to Subsection (1), [
during the transition period described in
Section 
26B-1-201.1
,
] 
from July 1, 2022, through June 30, 2023,
 the Department of Health and
Human Services [
may exercise any of
] 
shall exercise
 the policymaking functions, regulatory
and enforcement powers, rights, duties, and responsibilities of the Department of Health and
the Department of Human Services under [
the joint direction of
]:
[
(a) the executive director of the Department of Health; and
]
[
(b) the executive director of the Department of Human Services.
]
(a) Title 26, Utah Health Code; and
(b) Title 62A, Utah Human Services Code.
Section 47. Section 
26B-1-201.1
 is amended to read:
26B-1-201.1.
Transition to single state agency -- Transition plan.
(1) As used in this section:
(a) "Transition agencies" means the:
(i) Department of Health; and
(ii) Department of Human Services.
(b) "Transition period" means the period of time:
(i) during which the transition of the department to the Department of Health and
Human Services takes place; and
(ii) beginning on [
the effective date of the bill,
] 
March 23, 2021,
 and ending on July 1,
2022.
[
(2) On or before December 1, 2021, the transition agencies shall develop a written
transition plan for merging the functions of the transition agencies into the Department of
Health and Human Services on July 1, 2022, in order to:
]
[
(a) more efficiently and effectively manage health and human services programs that
are the responsibility of the state;
]
[
(b) establish a health and human services policy for the state; and
]
[
(c) promote health and the quality of life in the health and human services field.
]
[
(3) The written transition plan described in Subsection (2) shall describe:
]
[
(a) the tasks that need to be completed before the move on July 1, 2022, including a
description of:
]
[
(i) how the transition agencies solicited comment from stakeholders, including:
]
[
(A) employees of the transition agencies;
]
[
(B) clients and partners of the transition agencies;
]
[
(C) members of the public;
]
[
(D) the Legislature; and
]
[
(E) the executive office of the governor;
]
[
(ii) the proposed organizational structure of the department, including the transition of
responsibilities of employees, by job title and classification, under the newly proposed
organizational structure and a plan for these transitions;
]
[
(iii) office space and infrastructure requirements related to the transition;
]
[
(iv) any work site location changes for transitioning employees;
]
[
(v) the transition of service delivery sites;
]
[
(vi) amendments needed to existing contracts, including grants;
]
[
(vii) legislative changes needed to implement the transition described in this section;
]
[
(viii) how the transition agencies will coordinate agency rules;
]
[
(ix) procedures for the transfer and reconciliation of budgeting and funding of the
department as the transition agencies transition into the department; and
]
[
(x) the transition of technology services to the department;
]
[
(b) the tasks that may need to be completed after the transition on July 1, 2022; and
]
[
(c) how the transition to the department will be funded, including details of:
]
[
(i) how expenses associated with the transition will be managed;
]
[
(ii) how funding for services provided by the transition agencies will be managed to
ensure services will be provided by the transition agencies and the department without
interruption; and
]
[
(iii) how federal funds will be used by or transferred between the transition agencies
and the department to ensure services will be provided by the transition agencies and the
department without interruption.
]
[
(4) The written transition plan described in Subsection (2) shall:
]
[
(a) include a detailed timeline for the completion of the tasks described in Subsection
(3)(a);
]
[
(b) be updated at least one time in every two week period until the transition is
complete;
]
[
(c) describe how information will be provided to clients of the transition agencies and
the department regarding any changes to where services will be provided and the hours services
will be provided;
]
[
(d) be provided to the:
]
[
(i) Health and Human Services Interim Committee;
]
[
(ii) Social Services Appropriations Subcommittee;
]
[
(iii) the executive office of the governor;
]
[
(iv) Division of Finance; and
]
[
(v) Division of Technology Services; and
]
[
(e) be made available to employees that are transitioning or may potentially be
transitioned.
]
[
(5)
] 
(2)
 The transition agencies shall publish information that provides a full overview
of [
the written transition plan and
] how the move may affect client services offered by the
transition agencies on the transition agencies' respective websites, including regular updates
regarding:
(a) how the move may affect client services offered by the transition agencies;
(b) information regarding the location where services are provided and the hours
services are provided; and
(c) contact information so that clients of the transition agencies can contact
transitioning employees and obtain information regarding client services.
[
(6)
] 
(3)
 The transition agencies may, separately or collectively, enter into a
memorandum of understanding regarding how costs and responsibilities will be shared to:
(a) ensure that services provided under agreements with the federal government,
including new and ongoing grant programs, are fulfilled;
(b) ensure that commitments made by the transition agencies are met;
(c) provide ongoing or shared services as needed, including the provision of payments
to the department from the transition agencies; and
(d) ensure that money from the Department of Health and Human Services Transition
Restricted Account created in[
 Subsection (8)
] 
Section 
26B-1-305
 is used appropriately by the
transition agencies and the department.
[
(7)
] 
(4)
 In implementing the written transition plan described in this section, the
transition agencies and the department shall protect existing services, programs, and access to
services provided by the transition agencies.
[
(8) (a) There is created a restricted account within the General Fund known as the
"Department of Health and Human Services Transition Restricted Account."
]
[
(b) The restricted account shall consist of appropriations made by the Legislature.
]
[
(c) Subject to appropriation, the transition agencies and the department may spend
money from the restricted account to pay for expenses related to moving the transition agencies
into the department, including staff and legal services.
]
(5) (a) The department shall provide a written update to the entities described in
Subsection (5)(b):
(i) at least one time after September 1, 2022, but before November 1, 2022;
(ii) if the executive director adjusts the organizational structure of the department
under Subsection 
26B-1-204
(5) in a manner that conflicts with the organizational structure
described in statute; or
(iii) at the request of one or more of the entities described in Subsection (5)(b).
(b) The update described in Subsection (5)(a) shall be provided to:
(i) the Health and Human Services Interim Committee;
(ii) the Social Services Appropriations Subcommittee; and
(iii) the executive office of the governor.
(6) Before November 30 of each year from 2022 through 2025, the department shall
report to the Social Services Appropriations Subcommittee:
(a) efficiencies and savings identified by the department as a result of the merger of the
transition agencies; and
(b) programs to which the department recommends reinvesting savings identified under
Subsection (6)(a).
Section 48. Section 
26B-1-202
, which is renumbered from Section 62A-1-111 is
renumbered and amended to read:
[
62A-1-111
].
 26B-1-202.
Department authority and duties.
The department may, 
subject to applicable restrictions in state law and
 in addition to all
other authority and responsibility granted to the department by law:
(1) adopt rules, 
in accordance with Title 63G, Chapter 3, Utah Administrative
Rulemaking Act, and
 not inconsistent with law, as the department may consider necessary or
desirable for providing 
health and
 social services to the people of this state;
(2) establish and manage client trust accounts in the department's institutions and
community programs, at the request of the client or the client's legal guardian or representative,
or in accordance with federal law;
(3) purchase, as authorized or required by law, services that the department is
responsible to provide for legally eligible persons;
(4) conduct adjudicative proceedings for clients and providers in accordance with the
procedures of Title 63G, Chapter 4, Administrative Procedures Act;
(5) establish eligibility standards for [
its
] 
the department's
 programs, not inconsistent
with state or federal law or regulations;
(6) take necessary steps, including legal action, to recover money or the monetary value
of services provided to a recipient who was not eligible;
(7) set and collect fees for the department's services;
(8) license agencies, facilities, and programs, except as otherwise allowed, prohibited,
or limited by law;
(9) acquire, manage, and dispose of any real or personal property needed or owned by
the department, not inconsistent with state law;
(10) receive gifts, grants, devises, and donations; gifts, grants, devises, donations, or
the proceeds thereof, may be credited to the program designated by the donor, and may be used
for the purposes requested by the donor, as long as the request conforms to state and federal
policy; all donated funds shall be considered private, nonlapsing funds and may be invested
under guidelines established by the state treasurer;
(11) accept and employ volunteer labor or services; the department is authorized to
reimburse volunteers for necessary expenses, when the department considers that
reimbursement to be appropriate;
(12) carry out the responsibility assigned in the workforce services plan by the State
Workforce Development Board;
[
(13) carry out the responsibility assigned by Section 
35A-8-602
 with respect to
coordination of services for the homeless;
]
[
(14)
] 
(13)
 carry out the responsibility assigned by Section 
62A-5a-105
 with respect to
coordination of services for students with a disability;
[
(15)
] 
(14)
 provide training and educational opportunities for the department's staff;
[
(16)
] 
(15)
 collect child support payments and any other money due to the department;
[
(17)
] 
(16)
 apply the provisions of Title 78B, Chapter 12, Utah Child Support Act, to
parents whose child lives out of the home in a department licensed or certified setting;
[
(18)
] 
(17)
 establish policy and procedures, within appropriations authorized by the
Legislature, in cases where the Division of Child and Family Services or the Division of
Juvenile Justice Services is given custody of a minor by the juvenile court under Title 80, Utah
Juvenile Code, or the department is ordered to prepare an attainment plan for a minor found not
competent to proceed under Section 
80-6-403
[
; any policy and procedures shall include
]
,
including
:
(a) designation of interagency teams for each juvenile court district in the state;
(b) delineation of assessment criteria and procedures;
(c) minimum requirements, and timeframes, for the development and implementation
of a collaborative service plan for each minor placed in department custody; and
(d) provisions for submittal of the plan and periodic progress reports to the court;
[
(19)
] 
(18)
 carry out the responsibilities assigned to the department by statute;
[
(20)
] 
(19)
 examine and audit the expenditures of any public funds provided to 
a
 local
substance abuse [
authorities,
] 
authority, a
 local mental health [
authorities,
] 
authority, a
 local
area [
agencies
] 
agency
 on aging, and any person, agency, or organization that contracts with or
receives funds from those authorities or agencies. Those local authorities, area agencies, and
any person or entity that contracts with or receives funds from those authorities or area
agencies, shall provide the department with any information the department considers
necessary. The department is further authorized to issue directives resulting from any
examination or audit to 
a
 local [
authorities, area agencies
] 
authority, an area agency
, and
persons or entities that contract with or receive funds from those authorities with regard to any
public funds. If the department determines that it is necessary to withhold funds from a local
mental health authority or local substance abuse authority based on failure to comply with state
or federal law, policy, or contract provisions, [
it
] 
the department
 may take steps necessary to
ensure continuity of services. For purposes of this Subsection [
(20)
] 
(19)
 "public funds" means
the same as that term is defined in Section 
62A-15-102
;
[
(21)
] 
(20)
 [
pursuant to
] 
in accordance with
 Subsection 
62A-2-106
(1)(d), accredit one
or more agencies and persons to provide intercountry adoption services;
[
(22)
] 
(21)
 within 
legislative
 appropriations [
authorized by the Legislature
], promote
and develop a system of care and stabilization services:
(a) in compliance with Title 63G, Chapter 6a, Utah Procurement Code; and
(b) that encompasses the department, department contractors, and the divisions,
offices, or institutions within the department, to:
(i) navigate services, funding resources, and relationships to the benefit of the children
and families whom the department serves;
(ii) centralize department operations, including procurement and contracting;
(iii) develop policies that govern business operations and that facilitate a system of care
approach to service delivery;
(iv) allocate resources that may be used for the children and families served by the
department or the divisions, offices, or institutions within the department, subject to the
restrictions in Section 
63J-1-206
;
(v) create performance-based measures for the provision of services; and
(vi) centralize other business operations, including data matching and sharing among
the department's divisions, offices, and institutions;
[
(23)
] 
(22)
 ensure that any training or certification required of a public official or
public employee, as those terms are defined in Section 
63G-22-102
, complies with Title 63G,
Chapter 22, State Training and Certification Requirements, if the training or certification is
required:
(a) under this title;
(b) by the department; or
(c) by an agency or division within the department; [
and
]
[
(24) reallocate unexpended funds as provided in Section 
62A-1-111.6
.
]
(23) enter into cooperative agreements with the Department of Environmental Quality
to delineate specific responsibilities to assure that assessment and management of risk to
human health from the environment are properly administered;
(24) consult with the Department of Environmental Quality and enter into cooperative
agreements, as needed, to ensure efficient use of resources and effective response to potential
health and safety threats from the environment, and to prevent gaps in protection from potential
risks from the environment to specific individuals or population groups;
(25) to the extent authorized under state law or required by federal law, promote and
protect the health and wellness of the people within the state;
(26) establish, maintain, and enforce rules authorized under state law or required by
federal law to promote and protect the public health or to prevent disease and illness;
(27) investigate the causes of epidemic, infectious, communicable, and other diseases
affecting the public health;
(28) provide for the detection and reporting of communicable, infectious, acute,
chronic, or any other disease or health hazard which the department considers to be dangerous,
important, or likely to affect the public health;
(29) collect and report information on causes of injury, sickness, death, and disability
and the risk factors that contribute to the causes of injury, sickness, death, and disability within
the state;
(30) collect, prepare, publish, and disseminate information to inform the public
concerning the health and wellness of the population, specific hazards, and risks that may affect
the health and wellness of the population and specific activities which may promote and protect
the health and wellness of the population;
(31) abate nuisances when necessary to eliminate sources of filth and infectious and
communicable diseases affecting the public health;
(32) make necessary sanitary and health investigations and inspections in cooperation
with local health departments as to any matters affecting the public health;
(33) establish laboratory services necessary to support public health programs and
medical services in the state;
(34) establish and enforce standards for laboratory services which are provided by any
laboratory in the state when the purpose of the services is to protect the public health;
(35) cooperate with the Labor Commission to conduct studies of occupational health
hazards and occupational diseases arising in and out of employment in industry, and make
recommendations for elimination or reduction of the hazards;
(36) cooperate with the local health departments, the Department of Corrections, the
Administrative Office of the Courts, the Division of Juvenile Justice Services, and the Crime
Victim Reparations and Assistance Board to conduct testing for HIV infection of alleged
sexual offenders, convicted sexual offenders, and any victims of a sexual offense;
(37) investigate the causes of maternal and infant mortality;
(38) establish, maintain, and enforce a procedure requiring the blood of adult
pedestrians and drivers of motor vehicles killed in highway accidents be examined for the
presence and concentration of alcohol, and provide the Commissioner of Public Safety with
monthly statistics reflecting the results of these examinations, with necessary safeguards so that
information derived from the examinations is not used for a purpose other than the compilation
of these statistics;
(39) establish qualifications for individuals permitted to draw blood under Subsection
41-6a-523
(1)(a)(vi), 
53-10-405
(2)(a)(vi), 
72-10-502
(5)(a)(vi), or 
77-23-213
(3)(a)(vi), and to
issue permits to individuals the department finds qualified, which permits may be terminated or
revoked by the department;
(40) establish a uniform public health program throughout the state which includes
continuous service, employment of qualified employees, and a basic program of disease
control, vital and health statistics, sanitation, public health nursing, and other preventive health
programs necessary or desirable for the protection of public health;
(41) conduct health planning for the state;
(42) monitor the costs of health care in the state and foster price competition in the
health care delivery system;
(43) establish methods or measures for health care providers, public health entities, and
health care insurers to coordinate among themselves to verify the identity of the individuals the
providers serve;
(44) designate Alzheimer's disease and related dementia as a public health issue and,
within budgetary limitations, implement a state plan for Alzheimer's disease and related
dementia by incorporating the plan into the department's strategic planning and budgetary
process;
(45) coordinate with other state agencies and other organizations to implement the state
plan for Alzheimer's disease and related dementia;
(46) ensure that any training or certification required of a public official or public
employee, as those terms are defined in Section 
63G-22-102
, complies with Title 63G, Chapter
22, State Training and Certification Requirements, if the training or certification is required by
the agency or under this title, Title 26, Utah Health Code, or Title 62A, Utah Human Services
Code; and
(47) oversee public education vision screening as described in Section 
53G-9-404
.
Section 49. Section 
26B-1-203
, which is renumbered from Section 62A-1-108 is
renumbered and amended to read:
[
62A-1-108
].
 26B-1-203.
Executive director -- Appointment --
Compensation -- Qualifications -- Deputy directors required -- Responsibilities.
(1) 
(a)
 The chief administrative officer of the department is the executive director, who
shall be appointed by the governor with the advice and consent of the Senate.
(b)
 The executive director may be removed at the will of the governor.
(c)
 The executive director shall receive a salary established by the governor within the
salary range fixed by the Legislature in Title 67, Chapter 22, State Officer Compensation.
(2)
 The executive director shall be experienced in administration, management, and
coordination of complex organizations.
(3) If the executive director is not a physician, the executive director or a deputy
director shall:
(a) be informed and experienced in public health;
(b) have successfully completed at least a master's degree of public health or public
administration from an accredited school of public health or from an accredited program of
public health or public administration; and
(c) (i) have at least five years of professional full-time experience, of which at least two
years have been in public health in a senior level administrative capacity; or
(ii) have at least five years of professional full-time experience in public health
programs, of which at least three years have been in a senior level administrative capacity.
(4) The executive director shall appoint a deputy director of the department who:
(a) shall have successfully completed at least one year's graduate work in an accredited
school of public health or an accredited program of public health;
(b) shall have at least five years of professional full-time experience in public health
programs; and
(c) is a physician licensed to practice medicine in the state with experience in public
health.
[
(2)
] 
(5)
 The executive director is responsible for:
(a) administration and supervision of the department;
(b) coordination of policies and program activities conducted through the boards,
divisions, and offices of the department;
(c) approval of the proposed budget of each board, division, and office within the
department; and
(d) [
such
] other duties as the Legislature or governor shall assign to [
him
] 
the
executive director
.
[
(3)
] 
(6)
 The executive director may appoint deputy or assistant directors to assist
[
him
] 
the executive director
 in carrying out the department's responsibilities.
Section 50. Section 
26B-1-204
, which is renumbered from Section 62A-1-105 is
renumbered and amended to read:
[
62A-1-105
].
 26B-1-204.
Creation of boards, divisions, and offices --
Power to organize department.
(1) The executive director shall make rules in accordance with Title 63G, Chapter 3,
Utah Administrative Rulemaking Act, and not inconsistent with law for:
(a) the administration and government of the department;
(b) the conduct of the department's employees; and
(c) the custody, use, and preservation of the records, papers, books, documents, and
property of the department.
[
(1)
] 
(2)
 The following policymaking boards
, councils, and committees
 are created
within the Department of 
Health and
 Human Services:
(a) [
the
] Board of Aging and Adult Services; [
and
]
(b) [
the
] Utah State Developmental Center Board[
.
]
;
(c) Health Advisory Council;
(d) Health Facility Committee;
(e) State Emergency Medical Services Committee;
(f) Air Ambulance Committee;
(g) Health Data Committee;
(h) Utah Health Care Workforce Financial Assistance Program Advisory Committee;
(i) Residential Child Care Licensing Advisory Committee;
(j) Child Care Center Licensing Committee;
(k) Primary Care Grant Committee;
(l) Adult Autism Treatment Program Advisory Committee;
(m) Youth Electronic Cigarette, Marijuana, and Other Drug Prevention Committee;
and
(n) any boards, councils, or committees that are created by statute in:
(i) this title;
(ii) Title 26, Utah Health Code; or
(iii) Title 62A, Utah Human Services Code.
[
(2)
] 
(3)
 The following divisions are created within the Department of 
Health and
Human Services:
(a) relating to operations:
(i) the Division of Finance and Administration;
(ii) the Division of Licensing and Background Checks;
(iii) the Division of Customer Experience;
(iv) the Division of Data, Systems, and Evaluation; and
(v) the Division of Continuous Quality Improvement;
(b) relating to healthcare administration:
(i) the Division of Integrated Healthcare, which shall include responsibility for:
(A) the state's medical assistance programs; and
(B) behavioral health programs described in Title 62A, Chapter 15, Substance Abuse
and Mental Health Act;
(ii) the Division of Aging and Adult Services; and
(iii) the Division of Services for People with Disabilities; and
(c) relating to community health and well-being:
(i) the Division of Child and Family Services;
(ii) the Division of Family Health;
(iii) the Division of Population Health;
(iv) the Division of Juvenile Justice and Youth Services; and
(v) the Office of Recovery Services.
(4) The executive director may establish offices and bureaus to facilitate management
of the department as required by, and in accordance with:
(a) this title;
(b) Title 26, Utah Health Code; and
(c) Title 62A, Utah Human Services Code.
(5) From July 1, 2022, through June 30, 2023, the executive director may adjust the
organizational structure relating to the department, including the organization of the
department's divisions and offices, notwithstanding the organizational structure described in:
(a) this title;
(b) Title 26, Utah Health Code; or
(c) Title 62A, Utah Human Services Code.
[
(a) the Division of Aging and Adult Services;
]
[
(b) the Division of Child and Family Services;
]
[
(c) the Division of Services for People with Disabilities;
]
[
(d) the Division of Substance Abuse and Mental Health; and
]
[
(e) the Division of Juvenile Justice Services.
]
[
(3) The following offices are created within the Department of Human Services:
]
[
(a) the Office of Licensing;
]
[
(b) the Office of Public Guardian;
]
[
(c) the Office of Recovery Services; and
]
[
(d) the Office of Quality and Design.
]
Section 51. Section 
26B-1-205
, which is renumbered from Section 62A-1-109 is
renumbered and amended to read:
[
62A-1-109
].
 26B-1-205.
Division directors -- Appointment --
Compensation -- Qualifications.
(1) (a) The executive director of the department has administrative jurisdiction over
each division and office director.
(b) The executive director may make changes in personnel and service functions in the
divisions and offices under the executive director's administrative jurisdiction, and authorize
designees to perform appropriate responsibilities, to effectuate greater efficiency and economy
in the operations of the department.
(c) The executive director may establish offices and bureaus to perform functions such
as budgeting, planning, data processing, and personnel administration, to facilitate management
of the department.
[
(1)
] 
(2)
 The chief officer of each division and office enumerated in Section
[
62A-1-105
] 
26B-1-204
 shall be a director who shall serve as the executive and administrative
head of the division or office.
[
(2)
] 
(3)
 [
Each division director shall be appointed by the
] 
The
 executive director 
shall
appoint each division director
 with the concurrence of the division's board, if the division has a
board.
[
(3)
] 
(4)
 The director of any division may be removed from that position at the will of
the executive director after consultation with that division's board, if the division has a board.
[
(4) Each office director shall be appointed by the executive director.
]
(5) Directors of divisions and offices shall receive compensation as provided by Title
63A, Chapter 17, Utah State Personnel Management Act.
(6) The director of each division and office shall be experienced in administration and
possess such additional qualifications as determined by the executive director, and as provided
by law.
Section 52. Section 
26B-1-206
, which is renumbered from Section 62A-1-107.5 is
renumbered and amended to read:
[
62A-1-107.5
].
 26B-1-206.
Limitation on establishment of advisory bodies.
[
(1) Department divisions and boards:
]
(1) A department division or board:
(a) may not establish permanent, ongoing advisory groups unless otherwise specifically
created in federal or state statute; and
(b) shall comply with the provisions of this section [
with regard to any advisory groups
created prior to or after July 1, 2003
].
(2) 
(a)
 [
Divisions and boards
] 
A division or board
 may establish subject-limited and
time-limited ad hoc advisory groups to provide input necessary to carry out [
their
] 
the
division's or board's
 assigned responsibilities.
(b)
 When establishing such an advisory group, the board [
must
] 
shall
 establish in
writing a specific charge and time limit.
(3) The department shall consolidate an advisory group or committee with another
committee or advisory group as appropriate to create greater efficiencies and budgetary savings
for the department.
[
(3)
] 
(4)
 [
Members
] 
A member
 of any ad hoc advisory group shall receive no
compensation or benefits for their service.
[
(4)
] 
(5)
 The provision of staffing and support to any ad hoc advisory group [
will be
] 
is
contingent on availability of human and financial resources.
Section 53. Section 
26B-1-207
, which is renumbered from Section 26-1-4 is
renumbered and amended to read:
[
26-1-4
].
 26B-1-207.
Policymaking responsibilities -- Regulations for local
health departments prescribed by department -- Local standards not more stringent than
federal or state standards -- Consultation with local health departments -- Committee to
evaluate health policies and to review federal grants.
[
(1) There is created the Department of Health, which has all of the policymaking
functions, regulatory and enforcement powers, rights, duties, and responsibilities of the
Division of Health, the Board of Health, the State Health Planning Development Agency, and
the Office of Health Care Financing. Unless otherwise specifically provided, when reference is
made in any statute of this state to the Board of Health, the Division of Health, the State Health
Planning Development Agency, or the Office of Health Care Financing, it refers to the
department. The department shall assume all of the policymaking functions, powers, rights,
duties, and responsibilities over the division, agency, and office previously vested in the
Department of Human Services and its executive director.
]
[
(2)
] 
(1)
 In establishing public health policy, the department shall consult with the local
health departments established under Title 26A, Chapter 1, Local Health Departments.
(2) (a) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
the department may prescribe by administrative rule made in accordance with Title 63G,
Chapter 3, Utah Administrative Rulemaking Act, reasonable requirements not inconsistent
with law for a local health department as defined in Section 
26A-1-102
.
(b) Except where specifically allowed by federal law or state statute, a local health
department, as defined in Section 
26A-1-102
, may not establish standards or regulations that
are more stringent than those established by federal law, state statute, or administrative rule
adopted in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
(c) Nothing in this Subsection (2), limits the ability of a local health department to
make standards and regulations in accordance with Subsection 
26A-1-121
(1)(a) for:
(i) emergency rules made in accordance with Section 
63G-3-304
; or
(ii) items not regulated under federal law, state statute, or state administrative rule.
(3) (a) As used in this Subsection (3):
(i) "Committee" means the committee established under Subsection (3)(b).
(ii) "Exempt application" means an application for a federal grant that meets the
criteria established under Subsection (3)(c)(iii).
(iii) "Expedited application" means an application for a federal grant that meets the
criteria established under Subsection (3)(c)(iv).
(iv) "Federal grant" means a grant from the federal government that could provide
funds for local health departments to help them fulfill their duties and responsibilities.
(v) "Reviewable application" means an application for a federal grant that is not an
exempt application.
(b) The department shall establish a committee consisting of:
(i) the executive director, or the executive director's designee;
(ii) two representatives of the department, appointed by the executive director; and
(iii) three representatives of local health departments, appointed by all local health
departments.
(c) The committee shall:
(i) evaluate:
(A) the allocation of public health resources between the department and local health
departments; and
(B) policies that affect local health departments;
(ii) consider policy changes proposed by the department or local health departments;
(iii) establish criteria by which an application for a federal grant may be judged to
determine whether it should be exempt from the requirements under Subsection (3)(d); and
(iv) establish criteria by which an application for a federal grant may be judged to
determine whether committee review under Subsection (3)(d)(i) should be delayed until after
the application is submitted because the application is required to be submitted under a
timetable that makes committee review before it is submitted impracticable if the submission
deadline is to be met.
(d) (i) The committee shall review the goals and budget for each reviewable
application:
(A) before the application is submitted, except for an expedited application; and
(B) for an expedited application, after the application is submitted but before funds
from the federal grant for which the application was submitted are disbursed or encumbered.
(ii) Funds from a federal grant [
pursuant to
] 
under
 a reviewable application may not be
disbursed or encumbered before the goals and budget for the federal grant are established by:
(A) a two-thirds vote of the committee, following the committee review under
Subsection (3)(d)(i); or
(B) if two-thirds of the committee cannot agree on the goals and budget, the chair of
the health advisory council, after consultation with the committee in a manner that the
committee determines.
(e) An exempt application is exempt from the requirements of Subsection (3)(d).
(f) The department may use money from a federal grant to pay administrative costs
incurred in implementing this Subsection (3).
Section 54. Section 
26B-1-208
, which is renumbered from Section 62A-1-112 is
renumbered and amended to read:
[
62A-1-112
].
 26B-1-208.
Participation in federal programs -- Federal
grants -- Authority of executive director.
(1) The executive director may, by following the procedures and requirements of Title
63J, Chapter 5, Federal Funds Procedures Act, seek federal grants, loans, or participation in
federal programs.
(2) Wherever state law authorizes a board, director, division, or office of the
department to accept any grant, fund, or service which is to be advanced or contributed in
whole or in part by the federal government, that acceptance shall be subject to the approval or
disapproval of the executive director.
(3)
 All applications for federal grants or other federal financial assistance for the
support of any department program is subject to the approval of the executive director.
[
(3)
] 
(4)
 If any executive or legislative provision of the federal government so requires,
as a condition to participation by this state in any fund, property, or service, the executive
director, with the governor's approval, shall expend whatever funds are necessary out of the
money provided by the Legislature for use and disbursement by that department.
Section 55. Section 
26B-1-209
, which is renumbered from Section 26-1-6 is
renumbered and amended to read:
[
26-1-6
].
 26B-1-209.
Fee schedule adopted by department.
(1) The department may adopt a schedule of fees that may be assessed for services
rendered by the department, provided that the fees are:
(a) reasonable and fair; and
(b) submitted to the Legislature as part of the department's annual appropriations
request.
(2) When the department submits a fee schedule to the Legislature, the Legislature, in
accordance with Section 
63J-1-504
, may:
(a) approve the fee;
(b) increase or decrease and approve the fee; or
(c) reject any fee submitted to it.
(3) Fees approved by the Legislature [
pursuant to
] 
under
 this section shall be paid into
the state treasury.
Section 56. Section 
26B-1-210
, which is renumbered from Section 62A-1-113 is
renumbered and amended to read:
[
62A-1-113
].
 26B-1-210.
Department budget -- Reports from divisions.
(1)
 The department shall prepare and submit to the governor, for inclusion in [
his
] 
the
governor's
 budget to be submitted to the Legislature, a budget of the department's financial
requirements needed to carry out [
its
] 
the department's
 responsibilities, as provided by law
during the fiscal year following the Legislature's next Annual General Session.
(2)
 The executive director shall require a report from each of the divisions and offices
of the department, to aid in preparation of the departmental budget.
Section 57. Section 
26B-1-211
, which is renumbered from Section 26-1-17.1 is
renumbered and amended to read:
[
26-1-17.1
].
 26B-1-211.
Background checks for employees -- Access to abuse
and neglect information to screen employees and volunteers.
(1) As used in this section, "bureau" means the Bureau of Criminal Identification
created in Section 
53-10-201
.
(2) Beginning July 1, 2018, the department may require a fingerprint-based local,
regional, and national criminal history background check and ongoing monitoring of:
(a) all staff, contracted employees, and volunteers who:
(i) have access to protected health information or personal identifying information;
(ii) have direct [
contact with
] 
access to
 patients, children, or vulnerable adults as
defined in Section [
62A-2-120
] 
62A-2-101
;
(iii) work in areas of privacy and data security;
(iv) handle financial information, including receipt of funds, reviewing invoices,
making payments, and other types of financial information; and
(v) perform audit functions, whether internal or external, on behalf of the department;
and
(b) job applicants who have been offered a position with the department and the job
requirements include those described in Subsection (2)(a).
(3) Beginning July 1, 2022, for the purposes described in Subsection (2), the
department may also access:
(a) the department's Management Information System created in Section 
62A-4a-1003
;
(b) the department's Licensing Information System created in Section 
62A-4a-1006
;
(c) the statewide database of the Division of Aging and Adult Services created by
Section 
62A-3-311.1
; and
(d) juvenile court records under Subsection 
80-3-404
(6).
[
(3)
] 
(4)
 Each individual in a position listed in Subsection (2) shall provide a
completed fingerprint card to the department upon request.
[
(4)
] 
(5)
 The department shall require that an individual required to submit to a
background check under Subsection [
(3)
] 
(4)
 provide a signed waiver on a form provided by
the department that meets the requirements of Subsection 
53-10-108
(4).
[
(5)
] 
(6)
 For a noncriminal justice background search and registration in accordance
with Subsection 
53-10-108
(13), the department shall submit to the bureau:
(a) the applicant's personal identifying information and fingerprints for a criminal
history search of applicable local, regional, and national databases; and
(b) a request for all information received as a result of the local, regional, and
nationwide background check.
[
(6)
] 
(7)
 The department is responsible for the payment of all fees required by
Subsection 
53-10-108
(15) and any fees required to be submitted to the Federal Bureau of
Investigation by the bureau.
[
(7)
] 
(8)
 The department may make rules in accordance with Title 63G, Chapter 3,
Utah Administrative Rulemaking Act, that:
(a) determine how the department will assess the employment status of an individual
upon receipt of background information;
(b) determine [
the type of crimes and the severity that would disqualify
] 
when
 an
individual 
would be disqualified
 from holding a position[
; and
] 
based on:
(i) the type of crimes and the severity of those crimes; or
(ii) one or more substantiated or supported findings of abuse, neglect, or exploitation;
and
(c) identify the appropriate privacy risk mitigation strategy to be used in accordance
with Subsection 
53-10-108
(13)(b).
Section 58. Section 
26B-1-212
, which is renumbered from Section 26-1-17.5 is
renumbered and amended to read:
[
26-1-17.5
].
 26B-1-212.
Confidential records.
(1) A record classified as confidential under this title shall remain confidential, and be
released according to the provisions of this title, notwithstanding Section 
63G-2-310
.
(2) In addition to [
those persons
] 
a person
 granted access to a private record described
in Subsection 
63G-2-302
(1)(b), [
schools, school districts, and local and state health
departments and the state Department of Human Services
] 
a school, school district, local health
department, and the department
 may share an immunization record as defined in Section
53G-9-301
 or any other record relating to a vaccination or immunization as necessary to ensure
compliance with Title 53G, Chapter 8, Part 3, Physical Restraint of Students, and to prevent,
investigate, and control the causes of epidemic, infectious, communicable, and other diseases
affecting the public health.
Section 59. Section 
26B-1-213
, which is renumbered from Section 26-1-5 is
renumbered and amended to read:
[
26-1-5
].
 26B-1-213.
Department and committee rules and proceedings.
(1) (a) Except in areas subject to concurrence between the department and a committee
created under this title , 
Title 26, Utah Health Code, or Title 62A, Utah Human Services Code,
the department shall have the power to adopt, amend, or rescind rules necessary to carry out the
provisions of this title.
(b) If the adoption of rules under a provision of this title is subject to concurrence
between the department and a committee created under this title and no concurrence can be
reached, the department has final authority to adopt, amend, or rescind rules necessary to carry
out the provisions of this title. 
(c) When the provisions of this title require concurrence between the department and a
committee created under this title:
(i) the department shall report to and update the committee on a regular basis related to
matters requiring concurrence; and 
(ii) the committee shall review the report submitted by the department under this
Subsection (1)(c) and shall:
(A) concur with the report; or 
(B) provide a reason for not concurring with the report and provide an alternative
recommendation to the department. 
(2) Rules shall have the force and effect of law and may deal with matters which
materially affect the security of health or the preservation and improvement of public health in
the state, and any matters as to which jurisdiction is conferred upon the department by this title.
(3) Every rule adopted by the department, or by the concurrence of the department and 
a committee established under Section 
[
26-1-7
 or 
26-1-7.5
, shall be
] 
26B-1-204
, is
 subject to
Title 63G, Chapter 3, Utah Administrative Rulemaking Act
,
 and [
shall become
] 
is
 effective at
the time and in the manner provided in that act.
(4) If, at the next general session of the Legislature following the filing of a rule with
the legislative research director, the Legislature passes a bill disapproving such rule, the rule
shall be null and void.
(5) The department
,
 or the department in concurrence with a committee created under
Section [
26-1-7
 or 
26-1-7.5
] 
26B-1-204
, may not adopt a rule identical to a rule disapproved
under Subsection (4) of this section before the beginning of the next general session of the
Legislature following the general session at which the rule was disapproved.
(6) The department and all committees, boards, divisions, and offices created under
this title, Title 26, Utah Health Code, or Title 62A, Utah Human Services Code, shall comply
with the procedures and requirements of Title 63G, Chapter 4, Administrative Procedures Act,
in any adjudicative proceedings.
(7) (a) The department may hold hearings, administer oaths, subpoena witnesses, and
take testimony in matters relating to the exercise and performance of the powers and duties
vested in or imposed upon the department.
(b) The department may, at the department's sole discretion, contract with any other
agency or department of the state to conduct hearings in the name of the department.
Section 60. Section 
26B-1-301
, which is renumbered from Section 26-1-16 is
renumbered and amended to read:
Part 3. Funds and Accounts
[
26-1-16
].
 26B-1-301.
Executive director -- Power to accept funds and gifts.
The executive director may accept and receive such other funds and gifts as may be
made available from private and public groups for the purposes of promoting and protecting
the public health or for the provision of health services to the people of the state and shall
expend the same as appropriated by the [
legislature
] 
Legislature
.
Section 61. Section 
26B-1-302
, which is renumbered from Section 62A-1-202 is
renumbered and amended to read:
[
62A-1-202
].
 26B-1-302.
National Professional Men's Basketball Team
Support of Women and Children Issues Restricted Account.
(1) There is created in the General Fund a restricted account known as the "National
Professional Men's Basketball Team Support of Women and Children Issues Restricted
Account."
(2) The account shall be funded by:
(a) contributions deposited into the account in accordance with Section 
41-1a-422
;
(b) private contributions; and
(c) donations or grants from public or private entities.
(3) Upon appropriation by the Legislature, the department shall distribute funds in the
account to one or more charitable organizations that:
(a) qualify as being tax exempt under Section 501(c)(3) of the Internal Revenue Code;
(b) are selected by the owners that, either on an individual or joint basis, own a
controlling interest in a legal entity that is a franchised member of the internationally
recognized national governing body for professional men's basketball in the United States;
(c) are headquartered within the state;
(d) create or support programs that focus on issues affecting women and children
within the state, with an emphasis on health and education; and
(e) have a board of directors that disperses all funds of the organization.
(4) (a) An organization described in Subsection (3) may apply to the department to
receive a distribution in accordance with Subsection (3).
(b) An organization that receives a distribution from the department in accordance with
Subsection (3) shall expend the distribution only to:
(i) create or support programs that focus on issues affecting women and children, with
an emphasis on health and education;
(ii) create or sponsor programs that will benefit residents within the state; and
(iii) pay the costs of issuing or reordering National Professional Men's Basketball
Team Support of Women and Children Issues support special group license plate decals.
(c) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
department may make rules providing procedures for an organization to apply to the
department to receive a distribution under this Subsection (4).
(5) In accordance with Section 
63J-1-602.1
, appropriations from the account are
nonlapsing.
Section 62. Section 
26B-1-303
, which is renumbered from Section 62A-1-119 is
renumbered and amended to read:
[
62A-1-119
].
 26B-1-303.
Respite Care Assistance Fund -- Use of money --
Restrictions.
(1) There is created an expendable special revenue fund known as the Respite Care
Assistance Fund.
(2) The fund shall consist of:
(a) gifts, grants, devises, donations, and bequests of real property, personal property, or
services, from any source, made to the fund; and
(b) any additional amounts as appropriated by the Legislature.
(3) The fund shall be administered by the director of the Utah Developmental
Disabilities Council.
(4) The fund money shall be used for the following activities:
(a) to support a respite care information and referral system;
(b) to educate and train caregivers and respite care providers; and
(c) to provide grants to caregivers.
(5) An individual who receives services paid for from the fund shall:
(a) be a resident of Utah; and
(b) be a primary care giver for:
(i) an aging individual; or
(ii) an individual with a cognitive, mental, or physical disability.
(6) The fund money may not be used for:
(a) administrative expenses that are normally provided for by legislative appropriation;
or
(b) direct services or support mechanisms that are available from or provided by
another government or private agency.
(7) All interest and other earnings derived from the fund money shall be deposited into
the fund.
(8) The state treasurer shall invest the money in the fund under Title 51, Chapter 7,
State Money Management Act.
Section 63. Section 
26B-1-304
, which is renumbered from Section 26-1-34 is
renumbered and amended to read:
[
26-1-34
].
 26B-1-304.
Restricted account created to fund drug testing for law
enforcement agencies.
(1) There is created within the General Fund a restricted account known as the State
Laboratory Drug Testing Account.
(2) The account consists of a specified portion of fees generated under Subsection
53-3-106
(5) from the reinstatement of certain licenses, which shall be deposited in this
account.
(3) The [
Department of Health
] 
department
 shall use funds in this account solely for
the costs of performing drug and alcohol analysis tests for state and local law enforcement
agencies, and may not assess any charge or fee to the law enforcement agencies for whom the
analysis tests are performed.
Section 64. Section 
26B-1-305
 is enacted to read:
 26B-1-305.
Department of Health and Human Services Transition Restricted
Account.
(1) There is created a restricted account within the General Fund known as the
"Department of Health and Human Services Transition Restricted Account."
(2) The restricted account shall consist of appropriations made by the Legislature.
(3) Subject to appropriation, the transition agencies and the department may spend
money from the restricted account to pay for expenses related to moving the transition agencies
into the department, including staff and legal services.
Section 65. Section 
26B-2-101
 is enacted to read:
 26B-2-101.
Clinical services -- Reserved.
Reserved
Section 66. Section 
26B-3-101
 is enacted to read:
 26B-3-101.
Licensing and oversight -- Reserved.
Reserved
Section 67. Section 
26B-4-101
 is enacted to read:
 26B-4-101.
Health care administration -- Reserved.
Reserved
Section 68. Section 
26B-5-101
 is enacted to read:
 26B-5-101.
Health care services -- Reserved.
Reserved
Section 69. Section 
26B-6-101
 is enacted to read:
 26B-6-101.
Long-term services and supports -- Reserved.
Reserved
Section 70. Section 
26B-7-101
 is enacted to read:
 26B-7-101.
Public health, prevention, and epidemiology -- Reserved.
Reserved
Section 71. Section 
26B-8-101
 is enacted to read:
 26B-8-101.
Children, youth, and families -- Reserved.
Reserved
Section 72. Section 
26B-9-101
 is enacted to read:
 26B-9-101.
Miscellaneous provisions -- Reserved.
Reserved
Section 73. Section 
32B-2-308
 is amended to read:
32B-2-308.
Drinking while pregnant prevention media and education campaign
restricted account.
[
(1) As used in this section:
]
[
(a) "Department of Health" means the Department of Health created in Section
26-1-4
.
]
[
(b) "Restricted account" means the Drinking While Pregnant Prevention Media and
Education Campaign Restricted Account created in this section.
]
[
(2) (a)
] There is created a restricted account within the General Fund known as the
"Drinking While Pregnant Prevention Media and Education Campaign Restricted Account[
.
]
,
"
which shall consist of:
[
(b) The restricted account consists of:
]
[
(i)
] 
(1)
 money the Legislature appropriates to the restricted account; and
[
(ii)
] 
(2)
 interest earned on the restricted account.
Section 74. Section 
32B-2-402
 is amended to read:
32B-2-402.
Definitions -- Calculations.
(1) As used in this part:
(a) "Account" means the Alcoholic Beverage and Substance Abuse Enforcement and
Treatment Restricted Account created in Section 
32B-2-403
.
(b) "Advisory council" means the Utah Substance Use and Mental Health Advisory
Council created in Section 
63M-7-301
.
(c) "Alcohol-related offense" means:
(i) a violation of:
(A) Section 
41-6a-502
; or
(B) an ordinance that complies with the requirements of:
(I) Subsection 
41-6a-510
(1); or
(II) Section 
76-5-207
; or
(ii) an offense involving the illegal:
(A) sale of an alcoholic product;
(B) consumption of an alcoholic product;
(C) distribution of an alcoholic product;
(D) transportation of an alcoholic product; or
(E) possession of an alcoholic product.
(d) "Annual conviction time period" means the time period that:
(i) begins on July 1 and ends on June 30; and
(ii) immediately precedes the fiscal year for which an appropriation under this part is
made.
(e) "Municipality" means:
(i) a city;
(ii) a town; or
(iii) a metro township.
(f) (i) "Prevention" is as defined by rule, in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act, by the Division of [
Substance Abuse and Mental Health
]
Integrated Healthcare
 within the Department of 
Health and
 Human Services.
(ii) In defining the term "prevention," the Division of Substance Abuse and Mental
Health shall:
(A) include only evidence-based or evidence-informed programs; and
(B) provide for coordination with local substance abuse authorities designated to
provide substance abuse services in accordance with Section 
17-43-201
.
(2) For purposes of Subsection 
32B-2-404
(1)(b)(iii), the number of premises located
within the limits of a municipality or county:
(a) is the number determined by the department to be so located;
(b) includes the aggregate number of premises of the following:
(i) a state store;
(ii) a package agency; and
(iii) a retail licensee; and
(c) for a county, consists only of the number located within an unincorporated area of
the county.
(3) The department shall determine:
(a) a population figure according to the most current population estimate prepared by
the Utah Population Committee;
(b) a county's population for the 25% distribution to municipalities and counties under
Subsection 
32B-2-404
(1)(b)(i) only with reference to the population in the unincorporated
areas of the county; and
(c) a county's population for the 25% distribution to counties under Subsection
32B-2-404
(1)(b)(iv) only with reference to the total population in the county, including that of
a municipality.
(4) (a) A conviction occurs in the municipality or county that actually prosecutes the
offense to judgment.
(b) If a conviction is based upon a guilty plea, the conviction is considered to occur in
the municipality or county that, except for the guilty plea, would have prosecuted the offense.
Section 75. Section 
35A-3-103 (Effective 07/01/22)
 is amended to read:
35A-3-103 (Effective 07/01/22).
Department responsibilities.
The department shall:
(1) administer public assistance programs assigned by the Legislature and the
governor;
(2) determine eligibility for public assistance programs in accordance with the
requirements of this chapter;
(3) cooperate with the federal government in the administration of public assistance
programs;
(4) administer state employment services;
(5) provide for the compilation of necessary or desirable information, statistics, and
reports;
(6) perform other duties and functions required by law;
(7) monitor the application of eligibility policy;
(8) develop personnel training programs for effective and efficient operation of the
programs administered by the department;
(9) provide refugee resettlement services in accordance with Section 
35A-3-701
;
(10) provide child care assistance for children in accordance with Part 2, Office of
Child Care;
(11) provide services that enable an applicant or recipient to qualify for affordable
housing in cooperation with:
(a) the Utah Housing Corporation;
(b) the Housing and Community Development Division; and
(c) local housing authorities;
[
(12) in accordance with 42 C.F.R. Sec. 431.10, develop non-clinical eligibility policy
and procedures to implement the eligibility state plan, waivers, and administrative rules
developed and issued by the Department of Health and Human Services for medical assistance
under:
]
[
(a) Title 26, Chapter 18, Medical Assistance Act; and
]
[
(b) Title 26, Chapter 40, Utah Children's Health Insurance Act;
]
[
(13)
] 
(12)
 administer the Medicaid Eligibility Quality Control function in accordance
with 42 C.F.R. Sec. 431.812; and
[
(14)
] 
(13)
 conduct 
non-clinical
 eligibility hearings and issue final decisions in
adjudicative proceedings, including expedited appeals as defined in 42 C.F.R. Sec. 431.224, for
medical assistance eligibility under:
(a) Title 26, Chapter 18, Medical Assistance Act; or
(b) Title 26, Chapter 40, Utah Children's Health Insurance Act.
Section 76. Section 
41-1a-422
 is amended to read:
41-1a-422.
Support special group license plates -- Contributor -- Voluntary
contribution collection procedures.
(1) As used in this section:
(a) (i) except as provided in Subsection (1)(a)(ii), "contributor" means a person who has
donated or in whose name at least $25 has been donated to:
(A) a scholastic scholarship fund of a single named institution;
(B) the Department of Veterans and Military Affairs for veterans programs;
(C) the Division of Wildlife Resources for the Wildlife Resources Account created in
Section 
23-14-13
, for conservation of wildlife and the enhancement, preservation, protection,
access, and management of wildlife habitat;
(D) the Department of Agriculture and Food for the benefit of conservation districts;
(E) the Division of Recreation for the benefit of snowmobile programs;
(F) the Guardian Ad Litem Services Account and the Children's Museum of Utah, with
the donation evenly divided between the two;
(G) the Boy Scouts of America for the benefit of a Utah Boy Scouts of America
council as specified by the contributor;
(H) No More Homeless Pets in Utah for distribution to organizations or individuals
that provide spay and neuter programs that subsidize the sterilization of domestic animals;
(I) the Utah Alliance of Boys and Girls Clubs, Inc. to provide and enhance youth
development programs;
(J) the Utah Association of Public School Foundations to support public education;
(K) the Utah Housing Opportunity Restricted Account created in Section 
61-2-204
 to
assist people who have severe housing needs;
(L) the Public Safety Honoring Heroes Restricted Account created in Section 
53-1-118
to support the families of fallen Utah Highway Patrol troopers and other Department of Public
Safety employees;
(M) the Division of State Parks for distribution to organizations that provide support
for Zion National Park;
(N) the Firefighter Support Restricted Account created in Section 
53-7-109
 to support
firefighter organizations;
(O) the Share the Road Bicycle Support Restricted Account created in Section
72-2-127
 to support bicycle operation and safety awareness programs;
(P) the Cancer Research Restricted Account created in Section 
26-21a-302
 to support
cancer research programs;
(Q) Autism Awareness Restricted Account created in Section 
53F-9-401
 to support
autism awareness programs;
(R) Humanitarian Service and Educational and Cultural Exchange Restricted Account
created in Section 
9-17-102
 to support humanitarian service and educational and cultural
programs;
(S) Upon renewal of a prostate cancer support special group license plate, to the Cancer
Research Restricted Account created in Section 
26-21a-302
 to support cancer research
programs;
(T) the Choose Life Adoption Support Restricted Account created in Section
62A-4a-608
 to support programs that promote adoption;
(U) the National Professional Men's Basketball Team Support of Women and Children
Issues Restricted Account created in Section [
62A-1-202
] 
26B-1-302
;
(V) the Utah Law Enforcement Memorial Support Restricted Account created in
Section 
53-1-120
;
(W) the Children with Cancer Support Restricted Account created in Section
26-21a-304
 for programs that provide assistance to children with cancer;
(X) the National Professional Men's Soccer Team Support of Building Communities
Restricted Account created in Section 
9-19-102
;
(Y) the Children with Heart Disease Support Restricted Account created in Section
26-58-102
;
(Z) the Utah Intracurricular Student Organization Support for Agricultural Education
and Leadership Restricted Account created in Section 
4-42-102
;
(AA) the Division of Wildlife Resources for the Support for State-Owned Shooting
Ranges Restricted Account created in Section 
23-14-13.5
, for the creation of new, and
operation and maintenance of existing, state-owned firearm shooting ranges;
(BB) the Utah State Historical Society to further the mission and purpose of the Utah
State Historical Society;
(CC) the Motorcycle Safety Awareness Support Restricted Account created in Section
72-2-130
;
(DD) the Transportation of Veterans to Memorials Support Restricted Account created
in Section 
71-14-102
;
(EE) clean air support causes, with half of the donation deposited into the Clean Air
Support Restricted Account created in Section 
19-1-109
, and half of the donation deposited
into the Clean Air Fund created in Section 
59-10-1319
;
(FF) the Latino Community Support Restricted Account created in Section 
13-1-16
;
(GG) the Allyson Gamble Organ Donation Contribution Fund created in Section
26-18b-101
; or
(HH) public education on behalf of the Kiwanis International clubs, with the amount of
the donation required to cover the costs of issuing, ordering, or reordering Kiwanis support
special group plates, as determined by the State Tax Commission, deposited into the Kiwanis
Education Support Fund created in Section 
53F-9-403
, and all remaining donation amounts
deposited into the Education Fund.
(ii) (A) For a veterans special group license plate described in Subsection
41-1a-421
(1)(a)(v) or 
41-1a-422
(4), "contributor" means a person who has donated or in whose
name at least a $25 donation at the time of application and $10 annual donation thereafter has
been made.
(B) For a Utah Housing Opportunity special group license plate, "contributor" means a
person who:
(I) has donated or in whose name at least $30 has been donated at the time of
application and annually after the time of application; and
(II) is a member of a trade organization for real estate licensees that has more than
15,000 Utah members.
(C) For an Honoring Heroes special group license plate, "contributor" means a person
who has donated or in whose name at least $35 has been donated at the time of application and
annually thereafter.
(D) For a firefighter support special group license plate, "contributor" means a person
who:
(I) has donated or in whose name at least $15 has been donated at the time of
application and annually after the time of application; and
(II) is a currently employed, volunteer, or retired firefighter.
(E) For a cancer research special group license plate, "contributor" means a person who
has donated or in whose name at least $35 has been donated at the time of application and
annually after the time of application.
(F) For a Utah Law Enforcement Memorial Support special group license plate,
"contributor" means a person who has donated or in whose name at least $35 has been donated
at the time of application and annually thereafter.
(b) "Institution" means a state institution of higher education as defined under Section
53B-3-102
 or a private institution of higher education in the state accredited by a regional or
national accrediting agency recognized by the United States Department of Education.
(2) (a) An applicant for original or renewal collegiate special group license plates under
Subsection (1)(a)(i) must be a contributor to the institution named in the application and
present the original contribution verification form under Subsection (2)(b) or make a
contribution to the division at the time of application under Subsection (3).
(b) An institution with a support special group license plate shall issue to a contributor
a verification form designed by the commission containing:
(i) the name of the contributor;
(ii) the institution to which a donation was made;
(iii) the date of the donation; and
(iv) an attestation that the donation was for a scholastic scholarship.
(c) The state auditor may audit each institution to verify that the money collected by the
institutions from contributors is used for scholastic scholarships.
(d) After an applicant has been issued collegiate license plates or renewal decals, the
commission shall charge the institution whose plate was issued, a fee determined in accordance
with Section 
63J-1-504
 for management and administrative expenses incurred in issuing and
renewing the collegiate license plates.
(e) If the contribution is made at the time of application, the contribution shall be
collected, treated, and deposited as provided under Subsection (3).
(3) (a) An applicant for original or renewal support special group license plates under
this section must be a contributor to the sponsoring organization associated with the license
plate.
(b) This contribution shall be:
(i) unless collected by the named institution under Subsection (2), collected by the
division;
(ii) considered a voluntary contribution for the funding of the activities specified under
this section and not a motor vehicle registration fee;
(iii) deposited into the appropriate account less actual administrative costs associated
with issuing the license plates; and
(iv) for a firefighter special group license plate, deposited into the appropriate account
less:
(A) the costs of reordering firefighter special group license plate decals; and
(B) the costs of replacing recognition special group license plates with new license
plates under Subsection 
41-1a-1211
(13).
(c) The donation described in Subsection (1)(a) must be made in the 12 months prior to
registration or renewal of registration.
(d) The donation described in Subsection (1)(a) shall be a one-time donation made to
the division when issuing original:
(i) snowmobile license plates; or
(ii) conservation license plates.
(4) Veterans license plates shall display one of the symbols representing the Army,
Navy, Air Force, Marines, Coast Guard, or American Legion.
Section 77. Section 
53-3-106
 is amended to read:
53-3-106.
Disposition of revenues under this chapter -- Restricted account created
-- Uses as provided by appropriation -- Nonlapsing.
(1) There is created within the Transportation Fund a restricted account known as the
"Department of Public Safety Restricted Account."
(2) The account consists of money generated from the following revenue sources:
(a) all money received under this chapter;
(b) administrative fees received according to the fee schedule authorized under this
chapter and Section 
63J-1-504
;
(c) beginning on January 1, 2013, money received in accordance with Section
41-1a-1201
; and
(d) any appropriations made to the account by the Legislature.
(3) (a) The account shall earn interest.
(b) All interest earned on account money shall be deposited in the account.
(4) The expenses of the department in carrying out this chapter shall be provided for by
legislative appropriation from this account.
(5) The amount in excess of $45 of the fees collected under Subsection 
53-3-105
(25)
shall be appropriated by the Legislature from this account to the department to implement the
provisions of Section 
53-1-117
, except that of the amount in excess of $45, $100 shall be
deposited in the State Laboratory Drug Testing Account created in Section [
26-1-34
]
26B-1-304
.
(6) All money received under Subsection 
41-6a-1406
(6)(b)(ii) shall be appropriated by
the Legislature from this account to the department to implement the provisions of Section
53-1-117
.
(7) Beginning in fiscal year 2009-10, the Legislature shall appropriate $100,000
annually from the account to the state medical examiner appointed under Section 
26-4-4
 for
use in carrying out duties related to highway crash deaths under Subsection 
26-4-7
(1).
(8) The division shall remit the fees collected under Subsection 
53-3-105
(31) to the
Bureau of Criminal Identification to cover the costs for the services the Bureau of Criminal
Identification provides under Section 
53-3-205.5
.
(9) (a) Beginning on January 1, 2013, the Legislature shall appropriate all money
received in the account under Section 
41-1a-1201
 to the Utah Highway Patrol Division for
field operations.
(b) The Legislature may appropriate additional money from the account to the Utah
Highway Patrol Division for law enforcement purposes.
(10) Appropriations to the department from the account are nonlapsing.
(11) The department shall report to the Department of Health 
and Human Services
, on
or before December 31, the amount the department expects to collect under Subsection
53-3-105
(25) in the next fiscal year.
Section 78. Section 
53-5-707.6
 is amended to read:
53-5-707.6.
Concealed firearm permit renewal -- Firearm safety and suicide
prevention video.
(1) The bureau, in conjunction with the Division of [
Substance Abuse and Mental
Health created in Section 
62A-15-103
] 
Integrated Healthcare created in Section 
26B-1-204
,
shall create a firearm safety and suicide prevention video that:
(a) is web-accessible;
(b) is no longer than 10 minutes in length; and
(c) includes information about:
(i) safe handling, storage, and use of firearms in a home environment;
(ii) at-risk individuals and individuals who are legally prohibited from possessing
firearms; and
(iii) suicide prevention awareness.
(2) Before renewing a firearm permit, an individual shall view the firearm safety and
suicide prevention video and submit proof in the form required by the bureau.
(3) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
bureau shall make rules that establish procedures for:
(a) producing and distributing the firearm safety and suicide prevention video; and
(b) providing access to the video to an applicant seeking renewal of a firearm permit.
Section 79. Section 
53-10-108
 is amended to read:
53-10-108.
Restrictions on access, use, and contents of division records -- Limited
use of records for employment purposes -- Challenging accuracy of records -- Usage fees
-- Missing children records -- Penalty for misuse of records.
(1) As used in this section:
(a) "FBI Rap Back System" means the rap back system maintained by the Federal
Bureau of Investigation.
(b) "Qualifying child care entity" means:
(i) the Office of Licensing within the Department of 
Health and
 Human Services,
created in Section 
62A-2-103
;
(ii) the State Board of Education described in Section 
53E-3-201
; or
(iii) the Department of Health 
and Human Services
 created in Section [
26-1-4
]
26B-1-201
.
(c) "Rap back system" means a system that enables authorized entities to receive
ongoing status notifications of any criminal history reported on individuals whose fingerprints
are registered in the system.
(d) "WIN Database" means the Western Identification Network Database that consists
of eight western states sharing one electronic fingerprint database.
(2) Except as provided in Subsection (17), dissemination of information from a criminal
history record, including information obtained from a fingerprint background check, name
check, warrant of arrest information, or information from division files, is limited to:
(a) criminal justice agencies for purposes of administration of criminal justice and for
employment screening by criminal justice agencies;
(b) (i) agencies or individuals pursuant to a specific agreement with a criminal justice
agency to provide services required for the administration of criminal justice;
(ii) the agreement shall specifically authorize access to data, limit the use of the data to
purposes for which given, and ensure the security and confidentiality of the data;
(c) a qualifying entity for employment background checks for their own employees and
persons who have applied for employment with the qualifying entity;
(d) noncriminal justice agencies or individuals for any purpose authorized by statute,
executive order, court rule, court order, or local ordinance;
(e) agencies or individuals for the purpose of obtaining required clearances connected
with foreign travel or obtaining citizenship;
(f) agencies or individuals for the purpose of a preplacement adoptive study, in
accordance with the requirements of Sections 
78B-6-128
 and 
78B-6-130
;
(g) private security agencies through guidelines established by the commissioner for
employment background checks for their own employees and prospective employees;
(h) state agencies for the purpose of conducting a background check for the following
individuals:
(i) employees;
(ii) applicants for employment;
(iii) volunteers; and
(iv) contract employees;
(i) governor's office for the purpose of conducting a background check on the
following individuals:
(i) cabinet members;
(ii) judicial applicants; and
(iii) members of boards, committees, and commissions appointed by the governor;
(j) the office of the lieutenant governor for the purpose of conducting a background
check on an individual applying to be a notary public under Section 
46-1-3
;
(k) agencies and individuals as the commissioner authorizes for the express purpose of
research, evaluative, or statistical activities pursuant to an agreement with a criminal justice
agency; and
(l) other agencies and individuals as the commissioner authorizes and finds necessary
for protection of life and property and for offender identification, apprehension, and
prosecution pursuant to an agreement.
(3) An agreement under Subsection (2)(k) shall specifically authorize access to data,
limit the use of data to research, evaluative, or statistical purposes, preserve the anonymity of
individuals to whom the information relates, and ensure the confidentiality and security of the
data.
(4) (a) Before requesting information, a qualifying entity under Subsection (2)(c), state
agency, or other agency or individual described in Subsections (2)(d) through (j) shall obtain a
signed waiver from the person whose information is requested.
(b) The waiver shall notify the signee:
(i) that a criminal history background check will be conducted;
(ii) who will see the information; and
(iii) how the information will be used.
(c) A qualifying entity under Subsection (2)(c), state agency, or other agency or
individual described in Subsections (2)(d) through (g) that submits a request for a noncriminal
justice name based background check of local databases to the bureau shall provide to the
bureau:
(i) personal identifying information for the subject of the background check; and
(ii) the fee required by Subsection (15).
(d) A qualifying entity under Subsection (2)(c), state agency, or other agency or
individual described in Subsections (2)(d) through (g) that submits a request for a WIN
database check and a nationwide background check shall provide to the bureau:
(i) personal identifying information for the subject of the background check;
(ii) a fingerprint card for the subject of the background check; and
(iii) the fee required by Subsection (15).
(e) Information received by a qualifying entity under Subsection (2)(c), state agency, or
other agency or individual described in Subsections (2)(d) through (j) may only be:
(i) available to individuals involved in the hiring or background investigation of the job
applicant, employee, or notary applicant;
(ii) used for the purpose of assisting in making an employment appointment, selection,
or promotion decision or for considering a notary applicant under Section 
46-1-3
; and
(iii) used for the purposes disclosed in the waiver signed in accordance with Subsection
(4)(b).
(f) An individual who disseminates or uses information obtained from the division
under Subsections (2)(c) through (j) for purposes other than those specified under Subsection
(4)(e), in addition to any penalties provided under this section, is subject to civil liability.
(g) A qualifying entity under Subsection (2)(c), state agency, or other agency or
individual described in Subsections (2)(d) through (j) that obtains background check
information shall provide the subject of the background check an opportunity to:
(i) review the information received as provided under Subsection (9); and
(ii) respond to any information received.
(h) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
division may make rules to implement this Subsection (4).
(i) The division or its employees are not liable for defamation, invasion of privacy,
negligence, or any other claim in connection with the contents of information disseminated
under Subsections (2)(c) through (j).
(5) (a) Any criminal history record information obtained from division files may be
used only for the purposes for which it was provided and may not be further disseminated,
except under Subsection (5)(b), (c), or (d).
(b) A criminal history provided to an agency pursuant to Subsection (2)(f) may be
provided by the agency to the individual who is the subject of the history, another licensed
child-placing agency, or the attorney for the adoptive parents for the purpose of facilitating an
adoption.
(c) A criminal history of a defendant provided to a criminal justice agency under
Subsection (2)(a) may also be provided by the prosecutor to a defendant's defense counsel,
upon request during the discovery process, for the purpose of establishing a defense in a
criminal case.
(d) A public transit district, as described in Title 17B, Chapter 2a, Part 8, Public
Transit District Act, that is under contract with a state agency to provide services may, for the
purposes of complying with Subsection 
62A-5-103.5
(5), provide a criminal history record to
the state agency or the agency's designee.
(6) The division may not disseminate criminal history record information to qualifying
entities under Subsection (2)(c) regarding employment background checks if the information is
related to charges:
(a) that have been declined for prosecution;
(b) that have been dismissed; or
(c) regarding which a person has been acquitted.
(7) (a) This section does not preclude the use of the division's central computing
facilities for the storage and retrieval of criminal history record information.
(b) This information shall be stored so it cannot be modified, destroyed, or accessed by
unauthorized agencies or individuals.
(8) Direct access through remote computer terminals to criminal history record
information in the division's files is limited to those agencies authorized by the commissioner
under procedures designed to prevent unauthorized access to this information.
(9) (a) The commissioner shall establish procedures to allow an individual right of
access to review and receive a copy of the individual's criminal history report.
(b) A processing fee for the right of access service, including obtaining a copy of the
individual's criminal history report under Subsection (9)(a) shall be set in accordance with
Section 
63J-1-504
.
(c) (i) The commissioner shall establish procedures for an individual to challenge the
completeness and accuracy of criminal history record information contained in the division's
computerized criminal history files regarding that individual.
(ii) These procedures shall include provisions for amending any information found to
be inaccurate or incomplete.
(10) The private security agencies as provided in Subsection (2)(g):
(a) shall be charged for access; and
(b) shall be registered with the division according to rules made by the division under
Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
(11) Before providing information requested under this section, the division shall give
priority to criminal justice agencies needs.
(12) (a) It is a class B misdemeanor for a person to knowingly or intentionally access,
use, disclose, or disseminate a record created, maintained, or to which access is granted by the
division or any information contained in a record created, maintained, or to which access is
granted by the division for a purpose prohibited or not permitted by statute, rule, regulation, or
policy of a governmental entity.
(b) A person who discovers or becomes aware of any unauthorized use of records
created or maintained, or to which access is granted by the division shall inform the
commissioner and the director of the Utah Bureau of Criminal Identification of the
unauthorized use.
(13) (a) Subject to Subsection (13)(b), a qualifying entity or an entity described in
Subsection (2) may request that the division register fingerprints taken for the purpose of
conducting current and future criminal background checks under this section with:
(i) the WIN Database rap back system, or any successor system;
(ii) the FBI Rap Back System; or
(iii) a system maintained by the division.
(b) A qualifying entity or an entity described in Subsection (2) may only make a
request under Subsection (13)(a) if the entity:
(i) has the authority through state or federal statute or federal executive order;
(ii) obtains a signed waiver from the individual whose fingerprints are being registered;
and
(iii) establishes a privacy risk mitigation strategy to ensure that the entity only receives
notifications for individuals with whom the entity maintains an authorizing relationship.
(14) The division is authorized to submit fingerprints to the FBI Rap Back System to
be retained in the FBI Rap Back System for the purpose of being searched by future
submissions to the FBI Rap Back System, including latent fingerprint searches.
(15) (a) The division shall impose fees set in accordance with Section 
63J-1-504
 for
the applicant fingerprint card, name check, and to register fingerprints under Subsection
(13)(a).
(b) Funds generated under this Subsection (15) shall be deposited into the General
Fund as a dedicated credit by the department to cover the costs incurred in providing the
information.
(c) The division may collect fees charged by an outside agency for services required
under this section.
(16) For the purposes of conducting a criminal background check authorized under
Subsection (2)(h), (i), or (j), the Division of Human Resource Management, in accordance with
Title 63A, Chapter 17, Utah State Personnel Management Act, and the governor's office shall
have direct access to criminal background information maintained under Title 53, Chapter 10,
Part 2, Bureau of Criminal Identification.
(17) (a) Except as provided in Subsection (18), if an individual has an active FBI Rap
Back System subscription with a qualifying child care entity, the division may, upon request
from another qualifying child care entity, transfer the subscription to the requesting qualifying
child care entity if:
(i) the requesting qualifying child care entity requests the transfer for the purpose of
evaluating whether the individual should be permitted to obtain or retain a license for, or serve
as an employee or volunteer in a position where the individual is responsible for, the care,
custody, or control of children;
(ii) the requesting qualifying child care entity is expressly authorized by statute to
obtain criminal history record information for the individual who is the subject of the request;
(iii) before requesting the transfer, the requesting qualifying child care entity obtains a
signed waiver, containing the information described in Subsection (4)(b), from the individual
who is the subject of the request;
(iv) the requesting qualifying child care entity or the individual pays any applicable
fees set by the division in accordance with Section 
63J-1-504
; and
(v) the requesting qualifying child care entity complies with the requirements described
in Subsection (4)(g).
(b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
division may make rules regulating the process described in this Subsection (17).
(18) (a) Subsection (17) does not apply unless the Federal Bureau of Investigation
approves the use of the FBI Rap Back System for the purpose described in Subsection
(17)(a)(i) under the conditions described in Subsection (17).
(b) Subsection (17) does not apply to the extent that implementation of the provisions
of Subsection (17) are contrary to the requirements of the Child Care and Development Block
Grant, 42 U.S.C. Secs. 9857-9858r or any other federal grant.
(19) (a) Information received by a qualifying child care entity under Subsection (17)
may only be disclosed and used as described in Subsection (4)(e).
(b) A person who disseminates or uses information received under Subsection (17) for
a purpose other than those described in Subsection (4)(e) is subject to the penalties described in
this section and is also subject to civil liability.
(c) A qualifying child care entity is not liable for defamation, invasion of privacy,
negligence, or any other claim in connection with the contents of information disseminated
under Subsection (17).
Section 80. Section 
53G-9-301
 is amended to read:
53G-9-301.
Definitions.
As used in this part:
(1) "Department" means the Department of Health[
,
] 
and Human Services
 created in
Section [
26-1-4
] 
26B-1-201
.
(2) "Health official" means an individual designated by a local health department from
within the local health department to consult and counsel parents and licensed health care
providers, in accordance with Subsection 
53G-9-304
(2)(a).
(3) "Health official designee" means a licensed health care provider designated by a
local health department, in accordance with Subsection 
53G-9-304
(2)(b), to consult with
parents, licensed health care professionals, and school officials.
(4) "Immunization" or "immunize" means a process through which an individual
develops an immunity to a disease, through vaccination or natural exposure to the disease.
(5) "Immunization record" means a record relating to a student that includes:
(a) information regarding each required vaccination that the student has received,
including the date each vaccine was administered, verified by:
(i) a licensed health care provider;
(ii) an authorized representative of a local health department;
(iii) an authorized representative of the department;
(iv) a registered nurse; or
(v) a pharmacist;
(b) information regarding each disease against which the student has been immunized
by previously contracting the disease; and
(c) an exemption form identifying each required vaccination from which the student is
exempt, including all required supporting documentation described in Section 
53G-9-303
.
(6) "Legally responsible individual" means:
(a) a student's parent;
(b) the student's legal guardian;
(c) an adult brother or sister of a student who has no legal guardian; or
(d) the student, if the student:
(i) is an adult; or
(ii) is a minor who may consent to treatment under Section 
26-10-9
.
(7) "Licensed health care provider" means a health care provider who is licensed under
Title 58, Occupations and Professions, as:
(a) a medical doctor;
(b) an osteopathic doctor;
(c) a physician assistant; or
(d) an advanced practice registered nurse.
(8) "Local health department" means the same as that term is defined in Section
26A-1-102
.
(9) "Required vaccines" means vaccines required by department rule described in
Section 
53G-9-305
.
(10) "School" means any public or private:
(a) elementary or secondary school through grade 12;
(b) preschool;
(c) child care program, as that term is defined in Section 
26-39-102
;
(d) nursery school; or
(e) kindergarten.
(11) "Student" means an individual who attends a school.
(12) "Vaccinating" or "vaccination" means the administration of a vaccine.
(13) "Vaccination exemption form" means a form, described in Section 
53G-9-304
,
that documents and verifies that a student is exempt from the requirement to receive one or
more required vaccines.
(14) "Vaccine" means the substance licensed for use by the United States Food and
Drug Administration that is injected into or otherwise administered to an individual to
immunize the individual against a communicable disease.
Section 81. Section 
53G-9-309
 is amended to read:
53G-9-309.
School record of students' immunization status -- Confidentiality.
(1) Each school shall maintain a current list of all enrolled students, noting each
student:
(a) for whom the school has received a valid and complete immunization record;
(b) who is exempt from receiving a required vaccine; and
(c) who is allowed to attend school under Section 
53G-9-308
.
(2) Each school shall ensure that the list described in Subsection (1) specifically
identifies each disease against which a student is not immunized.
(3) Upon the request of an official from a local health department in the case of a
disease outbreak, a school principal or administrator shall:
(a) notify the legally responsible individual of any student who is not immune to the
outbreak disease, providing information regarding steps the legally responsible individual may
take to protect students;
(b) identify each student who is not immune to the outbreak disease; and
(c) for a period determined by the local health department not to exceed the duration of
the disease outbreak, do one of the following at the discretion of the school principal or
administrator after obtaining approval from the local health department:
(i) provide a separate educational environment for the students described in Subsection
(3)(b) that ensures the protection of the students described in Subsection (3)(b) as well as the
protection of the remainder of the student body; or
(ii) prevent each student described in Subsection (3)(b) from attending school.
(4) A name appearing on the list described in Subsection (1) is subject to
confidentiality requirements described in Section [
26-1-17.5
] 
26B-1-212
 and Section
53E-9-202
.
Section 82. Section 
58-1-601
 is amended to read:
58-1-601.
Suicide prevention video -- Primary care providers.
(1) As used in this section:
(a) "Nurse practitioner" means an individual who is licensed to practice as an advanced
practice registered nurse under Chapter 31b, Nurse Practice Act.
(b) "Physician" means an individual licensed to practice as a physician or osteopath
under Chapter 67, Utah Medical Practice Act, or Chapter 68, Utah Osteopathic Medical
Practice Act.
(c) "Physician assistant" means an individual who is licensed to practice as a physician
assistant under Chapter 70a, Utah Physician Assistant Act.
(d) "Primary care provider" means a nurse practitioner, physician, or physician
assistant.
(2) The division, in conjunction with the Division of [
Substance Abuse and Mental
Health created in Section 
62A-15-103
] 
Integrated Healthcare created in Section 
26B-1-204
,
shall:
(a) create a series of suicide prevention videos that:
(i) are web-accessible;
(ii) are each no longer than 20 minutes in length; and
(iii) include information about:
(A) individuals at-risk for suicide; and
(B) suicide prevention and intervention; and
(b) provide, on the division's website, educational materials or courses that relate to
suicide prevention that a primary care provider may complete at no cost and apply toward
continuing competency requirements required by division rule.
(3) The division shall, in accordance with Title 63G, Chapter 3, Utah Administrative
Rulemaking Act, make rules that establish procedures for:
(a) producing the suicide prevention videos described in Subsection (2); and
(b) providing access to the videos to each primary care provider.
Section 83. Section 
58-17b-620
 is amended to read:
58-17b-620.
Prescriptions issued within the public health system.
(1) As used in this section:
(a) "Department of Health 
and Human Services
" means the [
state
] Department of
Health 
and Human Services
 created in Section [
26-1-4
] 
26B-1-201
.
(b) "Health department" means either the Department of Health 
and Human Services
 or
a local health department.
(c) "Local health departments" mean the local health departments created in Title 26A,
Chapter 1, Local Health Departments.
(2) When it is necessary to treat a reportable disease or non-emergency condition that
has a direct impact on public health, a health department may implement the prescription
procedure described in Subsection (3) for a prescription drug that is not a controlled substance
for use in:
(a) a clinic; or
(b) a remote or temporary off-site location, including a triage facility established in the
community, that provides:
(i) treatment for sexually transmitted infections;
(ii) fluoride treatment;
(iii) travel immunization;
(iv) preventative treatment for an individual with latent tuberculosis infection;
(v) preventative treatment for an individual at risk for an infectious disease that has a
direct impact on public health when the treatment is indicated to prevent the spread of disease
or to mitigate the seriousness of infection in the exposed individual; or
(vi) other treatment as defined by the Department of Health [
rule
] 
and Human Services
by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act
.
(3) In a circumstance described in Subsection (2), an individual with prescriptive
authority may write a prescription for each contact, as defined in Section 
26-6-2
, of a patient of
the individual with prescriptive authority without a face-to-face exam, if:
(a) the individual with prescriptive authority is treating the patient for a reportable
disease or non-emergency condition having a direct impact on public health; and
(b) the contact's condition is the same as the patient of the individual with prescriptive
authority.
(4) The following prescription procedure shall be carried out in accordance with the
requirements of Subsection (5) and may be used only in the circumstances described under
Subsections (2) and (3):
(a) a physician writes and signs a prescription for a prescription drug, other than a
controlled substance, without the name and address of the patient and without the date the
prescription is provided to the patient; and
(b) the physician authorizes a registered nurse employed by the health department to
complete the prescription written under this Subsection (4) by inserting the patient's name and
address, and the date the prescription is provided to the patient, in accordance with the
physician's standing written orders and a written health department protocol approved by the
physician and the medical director of the state Department of Health 
and Human Services
.
(5) A physician assumes responsibility for all prescriptions issued under this section in
the physician's name.
(6) (a) All prescription forms to be used by a physician and health department in
accordance with this section shall be serially numbered according to a numbering system
assigned to that health department.
(b) All prescriptions issued shall contain all information required under this chapter
and rules adopted under this chapter.
Section 84. Section 
58-17b-627
 is amended to read:
58-17b-627.
Prescription of drugs or devices by a pharmacist.
(1) Beginning January 1, 2022, a pharmacist may prescribe a prescription drug or
device if:
(a) prescribing the prescription drug or device is within the scope of the pharmacist's
training and experience;
(b) the prescription drug or device is designated by the division by rule under
Subsection (3)(a); and
(c) the prescription drug or device is not a controlled substance that is included in
Schedules I, II, III, or IV of:
(i) Section 
58-37-4
; or
(ii) the federal Controlled Substances Act, Title II, P.L. 91-513.
(2) Nothing in this section requires a pharmacist to issue a prescription for a
prescription drug or device.
(3) The division shall make rules in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act, to:
(a) designate the prescription drugs or devices that may be prescribed by a pharmacist
under this section, beginning with prescription drugs or devices that address a public health
concern that is designated by the Department of Health 
and Human Services
, including:
(i) post-exposure HIV prophylaxis;
(ii) pre-exposure HIV prophylaxis;
(iii) self-administered hormonal contraceptives;
(iv) smoking cessation; and
(v) naloxone;
(b) create guidelines that a pharmacist must follow when prescribing a prescription
drug or device, including guidelines:
(i) for notifying the patient's primary care or other health care provider about the
prescription; and
(ii) to prevent the over-prescription of drugs or devices including but not limited to
antibiotics;
(c) address when a pharmacist should refer the patient to an appropriate health care
provider or otherwise encourage the patient to seek further medical care; and
(d) implement the provisions of this section.
(4) The division shall make rules under Subsection (3) in collaboration with:
(a) individuals representing pharmacies and pharmacists;
(b) individuals representing physicians and advanced practice clinicians; and
(c) (i) if the executive director of the Department of Health 
and Human Services
 is a
physician, the executive director of the Department of Health 
and Human Services
;
(ii) if the executive director of the Department of Health 
and Human Services
 is not a
physician, a deputy director who is a physician in accordance with Subsection [
26-1-9
(4)
]
26B-1-203
(4)
; or
(iii) a designee of the individual described in [
Subsection (4)(c)(i) or (ii)
] 
Section
26B-1-203
.
(5) Before November 1 of each year, the division, in consultation with the individuals
described in Subsection (4), shall:
(a) develop recommendations for statutory changes to improve patient access to
prescribed drugs in the state; and
(b) report the recommendations developed under Subsection (5)(a) to the Health and
Human Services Interim Committee.
Section 85. Section 
58-17b-902
 is amended to read:
58-17b-902.
Definitions.
As used in this part:
(1) "Assisted living facility" means the same as that term is defined in Section 
26-21-2
.
(2) "Cancer drug" means a drug that controls or kills neoplastic cells and includes a
drug used in chemotherapy to destroy cancer cells.
(3) "Charitable clinic" means a charitable nonprofit corporation that:
(a) holds a valid exemption from federal income taxation issued under Section 501(a),
Internal Revenue Code;
(b) is exempt from federal income taxation under Section 501(c)(3), Internal Revenue
Code;
(c) provides, on an outpatient basis, for a period of less than 24 consecutive hours, to
an individual not residing or confined at a facility owned or operated by the charitable
nonprofit corporation:
(i) advice;
(ii) counseling;
(iii) diagnosis;
(iv) treatment;
(v) surgery; or
(vi) care or services relating to the preservation or maintenance of health; and
(d) has a licensed outpatient pharmacy.
(4) "Charitable pharmacy" means an eligible pharmacy that is operated by a charitable
clinic.
(5) "County health department" means the same as that term is defined in Section
26A-1-102
.
(6) "Donated prescription drug" means a prescription drug that an eligible donor or
individual donates to an eligible pharmacy under the program.
(7) "Eligible donor" means a donor that donates a prescription drug from within the
state and is:
(a) a nursing care facility;
(b) an assisted living facility;
(c) a licensed intermediate care facility for people with an intellectual disability;
(d) a manufacturer;
(e) a pharmaceutical wholesale distributor;
(f) an eligible pharmacy; or
(g) a physician's office.
(8) "Eligible pharmacy" means a pharmacy that:
(a) is registered by the division as eligible to participate in the program; and
(b) (i) is licensed in the state as a Class A retail pharmacy; or
(ii) is operated by:
(A) a county;
(B) a county health department;
(C) a pharmacy under contract with a county health department;
(D) the Department of Health[
,
] 
and Human Services
 created in Section [
26-1-4
]
26B-1-201
; 
or
[
(E) the Division of Substance Abuse and Mental Health, created in Section
62A-15-103
; or
]
[
(F)
] 
(E)
 a charitable clinic.
(9) "Eligible prescription drug" means a prescription drug, described in Section
58-17b-904
, that is not:
(a) a controlled substance; or
(b) a drug that can only be dispensed to a patient registered with the drug's
manufacturer in accordance with federal Food and Drug Administration requirements.
(10) "Licensed intermediate care facility for people with an intellectual disability"
means the same as that term is defined in Section 
58-17b-503
.
(11) "Medically indigent individual" means an individual who:
(a) (i) does not have health insurance; and
(ii) lacks reasonable means to purchase prescribed medications; or
(b) (i) has health insurance; and
(ii) lacks reasonable means to pay the insured's portion of the cost of the prescribed
medications. 
(12) "Nursing care facility" means the same as that term is defined in Section
26-18-501
.
(13) "Physician's office" means a fixed medical facility that:
(a) is staffed by a physician, physician's assistant, nurse practitioner, or registered
nurse, licensed under Title 58, Occupations and Professions; and
(b) treats an individual who presents at, or is transported to, the facility.
(14) "Program" means the Charitable Prescription Drug Recycling Program created in
Section 
58-17b-903
.
(15) "Unit pack" means the same as that term is defined in Section 
58-17b-503
.
(16) "Unlawful conduct" means the same as that term is defined in Sections 
58-1-501
and 
58-17b-501
.
(17) "Unprofessional conduct" means the same as that term is defined in Sections
58-1-501
 and 
58-17b-502
.
Section 86. Section 
58-17b-907
 is amended to read:
58-17b-907.
Rules made by the division.
The rules made by the division under Subsection 
58-17b-903
(2)(b) shall include:
(1) registration requirements to establish the eligibility of a pharmacy to participate in
the program;
(2) a formulary that includes all eligible prescription drugs approved by the federal
Food and Drug Administration;
(3) standards and procedures for:
(a) verifying whether a pharmacy or pharmacist participating in the program is licensed
and in good standing with the board;
(b) handling of an eligible prescription drug transferred in accordance with Subsection
58-17b-903
(2) to an eligible pharmacy or a physician's office, including:
(i) acceptance;
(ii) identification, including redundant criteria for verification;
(iii) documentation, under 21 U.S.C. Sec. 360eee-1, of transaction information, history,
and statements;
(iv) safe storage;
(v) security;
(vi) inspection;
(vii) transfer; and
(viii) dispensing;
(c) a pharmacist, pharmacy intern, or licensed pharmacy technician:
(i) working in or consulting with a participating eligible donor; or
(ii) assisting an individual donating the eligible prescription drug;
(d) disposition of a donated prescription drug that is a controlled substance;
(e) record keeping regarding:
(i) the individual or eligible donor that transferred an eligible prescription drug under
Subsection 
58-17b-903
(2)(a);
(ii) the identification and evaluation of a donated prescription drug by a pharmacist or
licensed pharmacy technician; and
(iii) the dispensing or disposition of a prescription drug;
(f) determining the status of a medically indigent individual;
(g) labeling requirements to:
(i) ensure compliance with patient privacy laws relating to:
(A) an individual who receives an eligible prescription drug; and
(B) patient information that may appear on a donated prescription drug;
(ii) clearly identify an eligible prescription drug dispensed under the program; and
(iii) communicate necessary information regarding the manufacturer's recommended
expiration date or the beyond use date; and
(h) ensuring compliance with the requirements of this part;
(4) a process for seeking input from[
: (a)
] the Department of Health[
,
] 
and Human
Services
 created in Section [
26-1-4
, to
] 
26B-1-201
 to:
(a)
 establish program standards and procedures for assisted living facilities and nursing
care facilities; and
(b) [
the Division of Substance Abuse and Mental Health, created in Section
62A-15-103
, to
] establish program standards and procedures for mental health and substance
abuse clients; and
(5) the creation of a special training program that a pharmacist and a licensed pharmacy
technician at an eligible pharmacy must complete before participating in the program.
Section 87. Section 
62A-1-104
 is amended to read:
62A-1-104.
Definitions.
(1) As used in this title:
(a) "Competency evaluation" means the same as that term is defined in Section
77-15-2
.
(b) "Concurrence of the board" means agreement by a majority of the members of a
board.
(c) "Department" means the Department of 
Health and
 Human Services [
established in
Section 
62A-1-102
] 
created in Section 
26B-1-201
.
(d) "Executive director" means the executive director of the department, appointed
under Section [
62A-1-108
] 
26B-1-203
.
(e) "Forensic evaluator" means the same as that term is defined in Section 
77-15-2
.
(f) "Stabilization services" means in-home services provided to a child with, or who is
at risk for, complex emotional and behavioral needs, including teaching the child's parent or
guardian skills to improve family functioning.
(g) "System of care" means a broad, flexible array of services and supports that:
(i) serves a child with or who is at risk for complex emotional and behavioral needs;
(ii) is community based;
(iii) is informed about trauma;
(iv) builds meaningful partnerships with families and children;
(v) integrates service planning, service coordination, and management across state and
local entities;
(vi) includes individualized case planning;
(vii) provides management and policy infrastructure that supports a coordinated
network of interdepartmental service providers, contractors, and service providers who are
outside of the department; and
(viii) is guided by the type and variety of services needed by a child with or who is at
risk for complex emotional and behavioral needs and by the child's family.
(2) The definitions provided in Subsection (1) are to be applied in addition to
definitions contained throughout this title that are applicable to specified chapters or parts.
Section 88. Section 
62A-1-107
 is amended to read:
62A-1-107.
Board of Aging and Adult Services -- Members, appointment, terms,
vacancies, chairperson, compensation, meetings, quorum.
(1) The Board of Aging and Adult Services [
described in Subsection 
62A-1-105
(1)(a)
]
created in Section 
26B-1-204
 shall have seven members who are appointed by the governor
with the advice and consent of the Senate in accordance with Title 63G, Chapter 24, Part 2,
Vacancies.
(2) (a) Except as required by Subsection (2)(b), each member shall be appointed for a
term of four years, and is eligible for one reappointment.
(b) Notwithstanding the requirements of Subsection (2)(a), the governor shall, at the
time of appointment or reappointment, adjust the length of terms to ensure that the terms of
board members are staggered so that approximately half of the board is appointed every two
years.
(c) Board members shall continue in office until the expiration of their terms and until
their successors are appointed, which may not exceed 90 days after the formal expiration of a
term.
(d) When a vacancy occurs in the membership for any reason, the replacement shall be
appointed for the unexpired term.
(3) No more than four members of the board may be from the same political party. 
The board shall have diversity of gender, ethnicity, and culture; and members shall be chosen
on the basis of their active interest, experience, and demonstrated ability to deal with issues
related to the Board of Aging and Adult Services .
(4) The board shall annually elect a chairperson from the board's membership. The
board shall hold meetings at least once every three months. Within budgetary constraints,
meetings may be held from time to time on the call of the chairperson or of the majority of the
members of the board. Four members of the board are necessary to constitute a quorum at any
meeting, and, if a quorum exists, the action of the majority of members present shall be the
action of the board.
(5) A member may not receive compensation or benefits for the member's service, but,
at the executive director's discretion, may receive per diem and travel expenses in accordance
with:
(a) Section 
63A-3-106
;
(b) Section 
63A-3-107
; and
(c) rules made by the Division of Finance pursuant to Sections 
63A-3-106
 and
63A-3-107
.
(6) The board shall adopt bylaws governing its activities. Bylaws shall include
procedures for removal of a board member who is unable or unwilling to fulfill the
requirements of the board member's appointment.
(7) The board has program policymaking authority for the division over which the
board presides.
(8) A member of the board shall comply with the conflict of interest provisions
described in Title 63G, Chapter 24, Part 3, Conflicts of Interest.
Section 89. Section 
62A-2-121
 is amended to read:
62A-2-121.
Access to abuse and neglect information.
(1) As used in this section:
(a) "Direct service worker" means the same as that term is defined in Section
62A-5-101
.
(b) "Personal care attendant" means the same as that term is defined in Section
62A-3-101
.
(2) With respect to a licensee, a direct service worker, or a personal care attendant, the
department may access only the Licensing Information System of the Division of Child and
Family Services created by Section 
62A-4a-1006
 and juvenile court records under Subsection
80-3-404
(6), for the purpose of:
(a) (i) determining whether a person associated with a licensee, with direct access to
children:
(A) is listed in the Licensing Information System; or
(B) has a substantiated finding by a juvenile court of a severe type of child abuse or
neglect under Subsections 
80-3-404
(1) and (2); and
(ii) informing a licensee that a person associated with the licensee:
(A) is listed in the Licensing Information System; or
(B) has a substantiated finding by a juvenile court of a severe type of child abuse or
neglect under Subsections 
80-3-404
(1) and (2);
(b) (i) determining whether a direct service worker:
(A) is listed in the Licensing Information System; or
(B) has a substantiated finding by a juvenile court of a severe type of child abuse or
neglect under Subsections 
80-3-404
(1) and (2); and
(ii) informing a direct service worker or the direct service worker's employer that the
direct service worker:
(A) is listed in the Licensing Information System; or
(B) has a substantiated finding by a juvenile court of a severe type of child abuse or
neglect under Subsections 
80-3-404
(1) and (2); or
(c) (i) determining whether a personal care attendant:
(A) is listed in the Licensing Information System; or
(B) has a substantiated finding by a juvenile court of a severe type of child abuse or
neglect under Subsections 
80-3-404
(1) and (2); and
(ii) informing a person described in Subsections 
62A-3-101
(9)(a)(i) through (iv) that a
personal care attendant:
(A) is listed in the Licensing Information System; or
(B) has a substantiated finding by a juvenile court of a severe type of child abuse or
neglect under Subsections 
80-3-404
(1) and (2).
(3) Notwithstanding Subsection (2), the department may access the Division of Child
and Family Services' Management Information System under Section 
62A-4a-1003
:
(a) for the purpose of licensing and monitoring foster parents;
(b) for the purposes described in Subsection 
62A-4a-1003
(1)(d); and
(c) for the purpose described in Section [
62A-1-118
] 
26B-1-211
.
(4) The department shall receive and process personal identifying information under
Subsection 
62A-2-120
(1) for the purposes described in Subsection (2).
(5) The department shall adopt rules under Title 63G, Chapter 3, Utah Administrative
Rulemaking Act, consistent with this chapter, defining the circumstances under which a person
may have direct access or provide services to children when:
(a) the person is listed in the Licensing Information System of the Division of Child
and Family Services created by Section 
62A-4a-1006
; or
(b) juvenile court records show that a court made a substantiated finding under Section
80-3-404
, that the person committed a severe type of child abuse or neglect.
Section 90. Section 
62A-4a-412
 is amended to read:
62A-4a-412.
Reports, information, and referrals confidential.
(1) Except as otherwise provided in this chapter, reports made under this part, as well
as any other information in the possession of the division obtained as the result of a report are
private, protected, or controlled records under Title 63G, Chapter 2, Government Records
Access and Management Act, and may only be made available to:
(a) a police or law enforcement agency investigating a report of known or suspected
abuse or neglect, including members of a child protection team;
(b) a physician who reasonably believes that a child may be the subject of abuse or
neglect;
(c) an agency that has responsibility or authority to care for, treat, or supervise a minor
who is the subject of a report;
(d) a contract provider that has a written contract with the division to render services to
a minor who is the subject of a report;
(e) a subject of the report, the natural parents of the child, and the guardian ad litem;
(f) a court, upon a finding that access to the records may be necessary for the
determination of an issue before the court, provided that in a divorce, custody, or related
proceeding between private parties, the record alone is:
(i) limited to objective or undisputed facts that were verified at the time of the
investigation; and
(ii) devoid of conclusions drawn by the division or any of the division's workers on the
ultimate issue of whether or not an individual's acts or omissions constituted any level of abuse
or neglect of another individual;
(g) an office of the public prosecutor or its deputies in performing an official duty;
(h) a person authorized by a Children's Justice Center, for the purposes described in
Section 
67-5b-102
;
(i) a person engaged in bona fide research, when approved by the director of the
division, if the information does not include names and addresses;
(j) the State Board of Education, acting on behalf of itself or on behalf of a local
education agency, as defined in Section 
63J-5-102
, for the purpose of evaluating whether an
individual should be permitted to obtain or retain a license as an educator or serve as an
employee or volunteer in a school, limited to information with substantiated or supported
findings involving an alleged sexual offense, an alleged felony or class A misdemeanor drug
offense, or any alleged offense against the person under Title 76, Chapter 5, Offenses Against
the Person, and with the understanding that the office must provide the subject of a report
received under Subsection (1)(k) with an opportunity to respond to the report before making a
decision concerning licensure or employment;
(k) any individual identified in the report as a perpetrator or possible perpetrator of
abuse or neglect, after being advised of the screening prohibition in Subsection (2);
(l) a person filing a petition for a child protective order on behalf of a child who is the
subject of the report;
(m) a licensed child-placing agency or person who is performing a preplacement
adoptive evaluation in accordance with the requirements of Sections 
78B-6-128
 and
78B-6-130
;
(n) an Indian tribe to:
(i) certify or license a foster home;
(ii) render services to a subject of a report; or
(iii) investigate an allegation of abuse, neglect, or dependency; or
(o) the [
Division of Substance Abuse and Mental Health, the Department of Health,
]
department
 or a local substance abuse authority, described in Section 
17-43-201
, for the
purpose of providing substance abuse treatment to a pregnant woman or a parent of a newborn
child, or the services described in Subsection 
62A-15-103
(2)(o).
(2) (a) A person, unless listed in Subsection (1), may not request another person to
obtain or release a report or any other information in the possession of the division obtained as
a result of the report that is available under Subsection (1)(k) to screen for potential
perpetrators of abuse or neglect.
(b) A person who requests information knowing that the request is a violation of
Subsection (2)(a) is subject to the criminal penalty in Subsection (4).
(3) (a) Except as provided in Section 
62A-4a-1007
, the division and law enforcement
officials shall ensure the anonymity of the person or persons making the initial report and any
others involved in the division's or law enforcement officials' subsequent investigation.
(b) Notwithstanding any other provision of law, excluding Section 
80-3-107
, but
including this chapter and Title 63G, Chapter 2, Government Records Access and Management
Act, when the division makes a report or other information in the division's possession
available under Subsection (1)(e) to a subject of the report or a parent of a child, the division
shall remove from the report or other information only the names, addresses, and telephone
numbers of individuals or specific information that could:
(i) identify the referent;
(ii) impede a criminal investigation; or
(iii) endanger an individual's safety.
(4) Any person who willfully permits, or aides and abets the release of data or
information obtained as a result of this part, in the possession of the division or contained on
any part of the Management Information System, in violation of this part or Sections
62A-4a-1003
 through 
62A-4a-1007
, is guilty of a class C misdemeanor.
(5) (a) As used in this Subsection (5), "physician" means an individual licensed to
practice as a physician or osteopath in this state under Title 58, Chapter 67, Utah Medical
Practice Act, or Title 58, Chapter 68, Utah Osteopathic Medical Practice Act.
(b) The physician-patient privilege does not:
(i) excuse a physician from reporting suspected abuse, neglect, fetal alcohol syndrome,
or fetal drug dependency under this part; and
(ii) constitute grounds for excluding evidence regarding a child's injuries, or the cause
of the child's injuries, in any judicial or administrative proceeding resulting from a report under
this part.
(6) A child-placing agency or person who receives a report in connection with a
preplacement adoptive evaluation under Sections 
78B-6-128
 and 
78B-6-130
:
(a) may provide this report to the person who is the subject of the report; and
(b) may provide this report to a person who is performing a preplacement adoptive
evaluation in accordance with the requirement of Sections 
78B-6-128
 and 
78B-6-130
, or to a
licensed child-placing agency or to an attorney seeking to facilitate an adoption.
(7) A member of a child protection team may, before the day on which the child is
removed, share case-specific information obtained from the division under this section with
other members of the child protection team.
(8) (a) Except as provided in Subsection (8)(b), in a divorce, custody, or related
proceeding between private parties, a court may not receive into evidence a report that:
(i) is provided to the court:
(A) under Subsection (1)(f); or
(B) by a parent of the child after the record is made available to the parent under
Subsection (1)(e);
(ii) describes a parent of the child as the alleged perpetrator; and
(iii) is found to be unsubstantiated, unsupported, or without merit.
(b) (i) After a motion to admit the report described in Subsection (8)(a) is made, the
court shall allow sufficient time for all subjects of the record to respond before making a
finding on the motion.
(ii) After considering the motion described in Subsection (8)(b), the court may receive
the report into evidence upon a finding on the record of good cause.
Section 91. Section 
62A-14-108
 is amended to read:
62A-14-108.
Office volunteers.
(1) A person who desires to be an office volunteer shall:
(a) possess demonstrated personal characteristics of honesty, integrity, compassion,
and concern for incapacitated persons; and
(b) upon request, submit information for a background check pursuant to Section
[
62A-1-118
] 
26B-1-211
.
(2) An office volunteer may not receive compensation or benefits, but may be
reimbursed by the office for expenses actually and reasonably incurred, consistent with Title
67, Chapter 20, Volunteer Government Workers Act.
(3) An office volunteer is immune from civil liability pursuant to Title 63G, Chapter 8,
Immunity for Persons Performing Voluntary Services Act.
Section 92. Section 
62A-15-102
 is amended to read:
62A-15-102.
Definitions.
As used in this chapter:
(1) "Criminal risk factors" means a person's characteristics and behaviors that:
(a) affect the person's risk of engaging in criminal behavior; and
(b) are diminished when addressed by effective treatment, supervision, and other
support resources, resulting in reduced risk of criminal behavior.
(2) "Director" means the director [
of the Division of Substance Abuse and Mental
Health
] 
appointed under Section 
62A-15-104
.
(3) "Division" means the Division of [
Substance Abuse and Mental Health established
in Section 
62A-15-103
] 
Integrated Healthcare created in Section 
26B-1-202
.
(4) "Local mental health authority" means a county legislative body.
(5) "Local substance abuse authority" means a county legislative body.
(6) "Mental health crisis" means:
(a) a mental health condition that manifests in an individual by symptoms of sufficient
severity that a prudent layperson who possesses an average knowledge of mental health issues
could reasonably expect the absence of immediate attention or intervention to result in:
(i) serious danger to the individual's health or well-being; or
(ii) a danger to the health or well-being of others; or
(b) a mental health condition that, in the opinion of a mental health therapist or the
therapist's designee, requires direct professional observation or intervention.
(7) "Mental health crisis response training" means community-based training that
educates laypersons and professionals on the warning signs of a mental health crisis and how to
respond.
(8) "Mental health crisis services" means an array of services provided to an individual
who experiences a mental health crisis, which may include:
(a) direct mental health services;
(b) on-site intervention provided by a mobile crisis outreach team;
(c) the provision of safety and care plans;
(d) prolonged mental health services for up to 90 days after the day on which an
individual experiences a mental health crisis;
(e) referrals to other community resources;
(f) local mental health crisis lines; and
(g) the statewide mental health crisis line.
(9) "Mental health therapist" means the same as that term is defined in Section
58-60-102
.
(10) "Mobile crisis outreach team" or "MCOT" means a mobile team of medical and
mental health professionals that, in coordination with local law enforcement and emergency
medical service personnel, provides mental health crisis services.
(11) (a) "Public funds" means federal money received from the [
Department of Human
Services or the Department of Health
] 
department
, and state money appropriated by the
Legislature to the [
Department of Human Services, the Department of Health
] 
department
, a
county governing body, or a local substance abuse authority, or a local mental health authority
for the purposes of providing substance abuse or mental health programs or services.
(b) "Public funds" include federal and state money that has been transferred by a local
substance abuse authority or a local mental health authority to a private provider under an
annual or otherwise ongoing contract to provide comprehensive substance abuse or mental
health programs or services for the local substance abuse authority or local mental health
authority. The money maintains the nature of "public funds" while in the possession of the
private entity that has an annual or otherwise ongoing contract with a local substance abuse
authority or a local mental health authority to provide comprehensive substance abuse or
mental health programs or services for the local substance abuse authority or local mental
health authority.
(c) Public funds received for the provision of services [
pursuant to
] 
under
 substance
abuse or mental health service plans may not be used for any other purpose except those
authorized in the contract between the local mental health or substance abuse authority and
provider for the provision of plan services.
(12) "Severe mental disorder" means schizophrenia, major depression, bipolar
disorders, delusional disorders, psychotic disorders, and other mental disorders as defined by
the division.
(13) "Statewide mental health crisis line" means the same as that term is defined in
Section 
62A-15-1301
.
Section 93. Section 
62A-15-103
 is amended to read:
62A-15-103.
Division -- Responsibilities.
(1) (a) [
There is created
] 
The division shall exercise responsibility over the
policymaking functions, regulatory and enforcement powers, rights, duties, and responsibilities
outlined in state law that were previously vested in
 the Division of Substance Abuse and
Mental Health within the department, under the administration and general supervision of the
executive director.
(b) The division is the substance abuse authority and the mental health authority for
this state.
(2) The division shall:
(a) (i) educate the general public regarding the nature and consequences of substance
abuse by promoting school and community-based prevention programs;
(ii) render support and assistance to public schools through approved school-based
substance abuse education programs aimed at prevention of substance abuse;
(iii) promote or establish programs for the prevention of substance abuse within the
community setting through community-based prevention programs;
(iv) cooperate with and assist treatment centers, recovery residences, and other
organizations that provide services to individuals recovering from a substance abuse disorder,
by identifying and disseminating information about effective practices and programs;
(v) except as provided in Section 
62A-15-103.5
, make rules in accordance with Title
63G, Chapter 3, Utah Administrative Rulemaking Act, to develop, in collaboration with public
and private programs, minimum standards for public and private providers of substance abuse
and mental health programs licensed by the department under [
Title 62A,
] Chapter 2, Licensure
of Programs and Facilities;
(vi) promote integrated programs that address an individual's substance abuse, mental
health, physical health, and criminal risk factors;
(vii) establish and promote an evidence-based continuum of screening, assessment,
prevention, treatment, and recovery support services in the community for individuals with
substance use disorder and mental illness that addresses criminal risk factors;
(viii) evaluate the effectiveness of programs described in this Subsection (2);
(ix) consider the impact of the programs described in this Subsection (2) on:
(A) emergency department utilization;
(B) jail and prison populations;
(C) the homeless population; and
(D) the child welfare system; and
(x) promote or establish programs for education and certification of instructors to
educate individuals convicted of driving under the influence of alcohol or drugs or driving with
any measurable controlled substance in the body;
(b) (i) collect and disseminate information pertaining to mental health;
(ii) provide direction over the state hospital including approval of the state hospital's
budget, administrative policy, and coordination of services with local service plans;
(iii) make rules in accordance with Title 63G, Chapter 3, Utah Administrative
Rulemaking Act, to educate families concerning mental illness and promote family
involvement, when appropriate, and with patient consent, in the treatment program of a family
member; and
(iv) make rules in accordance with Title 63G, Chapter 3, Utah Administrative
Rulemaking Act, to direct that an individual receiving services through a local mental health
authority or the Utah State Hospital be informed about and, if desired by the individual,
provided assistance in the completion of a declaration for mental health treatment in
accordance with Section 
62A-15-1002
;
(c) (i) consult and coordinate with local substance abuse authorities and local mental
health authorities regarding programs and services;
(ii) provide consultation and other assistance to public and private agencies and groups
working on substance abuse and mental health issues;
(iii) promote and establish cooperative relationships with courts, hospitals, clinics,
medical and social agencies, public health authorities, law enforcement agencies, education and
research organizations, and other related groups;
(iv) promote or conduct research on substance abuse and mental health issues, and
submit to the governor and the Legislature recommendations for changes in policy and
legislation;
(v) receive, distribute, and provide direction over public funds for substance abuse and
mental health services;
(vi) monitor and evaluate programs provided by local substance abuse authorities and
local mental health authorities;
(vii) examine expenditures of local, state, and federal funds;
(viii) monitor the expenditure of public funds by:
(A) local substance abuse authorities;
(B) local mental health authorities; and
(C) in counties where they exist, a private contract provider that has an annual or
otherwise ongoing contract to provide comprehensive substance abuse or mental health
programs or services for the local substance abuse authority or local mental health authority;
(ix) contract with local substance abuse authorities and local mental health authorities
to provide a comprehensive continuum of services that include community-based services for
individuals involved in the criminal justice system, in accordance with division policy, contract
provisions, and the local plan;
(x) contract with private and public entities for special statewide or nonclinical
services, or services for individuals involved in the criminal justice system, according to
division rules;
(xi) review and approve each local substance abuse authority's plan and each local
mental health authority's plan in order to ensure:
(A) a statewide comprehensive continuum of substance abuse services;
(B) a statewide comprehensive continuum of mental health services;
(C) services result in improved overall health and functioning;
(D) a statewide comprehensive continuum of community-based services designed to
reduce criminal risk factors for individuals who are determined to have substance abuse or
mental illness conditions or both, and who are involved in the criminal justice system;
(E) compliance, where appropriate, with the certification requirements in Subsection
(2)(j); and
(F) appropriate expenditure of public funds;
(xii) review and make recommendations regarding each local substance abuse
authority's contract with the local substance abuse authority's provider of substance abuse
programs and services and each local mental health authority's contract with the local mental
health authority's provider of mental health programs and services to ensure compliance with
state and federal law and policy;
(xiii) monitor and ensure compliance with division rules and contract requirements;
and
(xiv) withhold funds from local substance abuse authorities, local mental health
authorities, and public and private providers for contract noncompliance, failure to comply
with division directives regarding the use of public funds, or for misuse of public funds or
money;
(d) ensure that the requirements of this part are met and applied uniformly by local
substance abuse authorities and local mental health authorities across the state;
(e) require each local substance abuse authority and each local mental health authority,
in accordance with Subsections 
17-43-201
(5)(b) and 
17-43-301
(6)(a)(ii), to submit a plan to
the division on or before May 15 of each year;
(f) conduct an annual program audit and review of each local substance abuse authority
and each local substance abuse authority's contract provider, and each local mental health
authority and each local mental health authority's contract provider, including:
(i) a review and determination regarding whether:
(A) public funds allocated to the local substance abuse authority or the local mental
health authorities are consistent with services rendered by the authority or the authority's
contract provider, and with outcomes reported by the authority's contract provider; and
(B) each local substance abuse authority and each local mental health authority is
exercising sufficient oversight and control over public funds allocated for substance use
disorder and mental health programs and services; and
(ii) items determined by the division to be necessary and appropriate;
(g) define "prevention" by rule as required under Title 32B, Chapter 2, Part 4,
Alcoholic Beverage and Substance Abuse Enforcement and Treatment Restricted Account Act;
(h) (i) train and certify an adult as a peer support specialist, qualified to provide peer
supports services to an individual with:
(A) a substance use disorder;
(B) a mental health disorder; or
(C) a substance use disorder and a mental health disorder;
(ii) certify a person to carry out, as needed, the division's duty to train and certify an
adult as a peer support specialist;
(iii) make rules in accordance with Title 63G, Chapter 3, Utah Administrative
Rulemaking Act, that:
(A) establish training and certification requirements for a peer support specialist;
(B) specify the types of services a peer support specialist is qualified to provide;
(C) specify the type of supervision under which a peer support specialist is required to
operate; and
(D) specify continuing education and other requirements for maintaining or renewing
certification as a peer support specialist; and
(iv) make rules in accordance with Title 63G, Chapter 3, Utah Administrative
Rulemaking Act, that:
(A) establish the requirements for a person to be certified to carry out, as needed, the
division's duty to train and certify an adult as a peer support specialist; and
(B) specify how the division shall provide oversight of a person certified to train and
certify a peer support specialist;
(i) except as provided in Section 
62A-15-103.5
, establish by rule, in accordance with
Title 63G, Chapter 3, Utah Administrative Rulemaking Act, minimum standards and
requirements for the provision of substance use disorder and mental health treatment to an
individual who is incarcerated or who is required to participate in treatment by a court or by the
Board of Pardons and Parole, including:
(i) collaboration with the Department of Corrections and the Utah Substance Use and
Mental Health Advisory Council to develop and coordinate the standards, including standards
for county and state programs serving individuals convicted of class A and class B
misdemeanors;
(ii) determining that the standards ensure available treatment, including the most
current practices and procedures demonstrated by recognized scientific research to reduce
recidivism, including focus on the individual's criminal risk factors; and
(iii) requiring that all public and private treatment programs meet the standards
established under this Subsection (2)(i) in order to receive public funds allocated to the
division, the Department of Corrections, or the 
State
 Commission on Criminal and Juvenile
Justice for the costs of providing screening, assessment, prevention, treatment, and recovery
support;
(j) except as provided in Section 
62A-15-103.5
, establish by rule, in accordance with
Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the requirements and procedures
for the certification of licensed public and private providers, including individuals licensed by
the Division of Occupational and Professional Licensing, programs licensed by the department,
and health care facilities licensed by the [
Department of Health
] 
department
, who provide, as
part of their practice, substance use disorder and mental health treatment to an individual
involved in the criminal justice system, including:
(i) collaboration with the Department of Corrections, the Utah Substance Use and
Mental Health Advisory Council, and the Utah Association of Counties to develop, coordinate,
and implement the certification process;
(ii) basing the certification process on the standards developed under Subsection (2)(i)
for the treatment of an individual involved in the criminal justice system; and
(iii) the requirement that a public or private provider of treatment to an individual
involved in the criminal justice system shall obtain certification on or before July 1, 2016, and
shall renew the certification every two years, in order to qualify for funds allocated to the
division, the Department of Corrections, or the 
State
 Commission on Criminal and Juvenile
Justice on or after July 1, 2016;
(k) collaborate with the 
State
 Commission on Criminal and Juvenile Justice to analyze
and provide recommendations to the Legislature regarding:
(i) pretrial services and the resources needed to reduce recidivism;
(ii) county jail and county behavioral health early-assessment resources needed for an
offender convicted of a class A or class B misdemeanor; and
(iii) the replacement of federal dollars associated with drug interdiction law
enforcement task forces that are reduced;
(l) (i) establish performance goals and outcome measurements for all treatment
programs for which minimum standards are established under Subsection (2)(i), including
recidivism data and data regarding cost savings associated with recidivism reduction and the
reduction in the number of inmates, that are obtained in collaboration with the Administrative
Office of the Courts and the Department of Corrections; and
(ii) collect data to track and determine whether the goals and measurements are being
attained and make this information available to the public;
(m) in the division's discretion, use the data to make decisions regarding the use of
funds allocated to the division, the Administrative Office of the Courts, and the Department of
Corrections to provide treatment for which standards are established under Subsection (2)(i);
(n) annually, on or before August 31, submit the data collected under Subsection (2)(k)
to the Commission on Criminal and Juvenile Justice, which shall compile a report of findings
based on the data and provide the report to the Judiciary Interim Committee, the Health and
Human Services Interim Committee, the Law Enforcement and Criminal Justice Interim
Committee, and the related appropriations subcommittees; and
(o) consult and coordinate with [
the Department of Health and
] the Division of Child
and Family Services to develop and manage the operation of a program designed to reduce
substance abuse during pregnancy and by parents of a newborn child that includes:
(i) providing education and resources to health care providers and individuals in the
state regarding prevention of substance abuse during pregnancy;
(ii) providing training to health care providers in the state regarding screening of a
pregnant woman or pregnant minor to identify a substance abuse disorder; and
(iii) providing referrals to pregnant women, pregnant minors, or parents of a newborn
child in need of substance abuse treatment services to a facility that has the capacity to provide
the treatment services.
(3) In addition to the responsibilities described in Subsection (2), the division shall,
within funds appropriated by the Legislature for this purpose, implement and manage the
operation of a firearm safety and suicide prevention program, in consultation with the Bureau
of Criminal Identification created in Section 
53-10-201
, including:
(a) coordinating with [
the Department of Health,
] local mental health and substance
abuse authorities, a nonprofit behavioral health advocacy group, and a representative from a
Utah-based nonprofit organization with expertise in the field of firearm use and safety that
represents firearm owners, to:
(i) produce and periodically review and update a firearm safety brochure and other
educational materials with information about the safe handling and use of firearms that
includes:
(A) information on safe handling, storage, and use of firearms in a home environment;
(B) information about at-risk individuals and individuals who are legally prohibited
from possessing firearms;
(C) information about suicide prevention awareness; and
(D) information about the availability of firearm safety packets;
(ii) procure cable-style gun locks for distribution under this section;
(iii) produce a firearm safety packet that includes the firearm safety brochure and the
cable-style gun lock described in this Subsection (3); and
(iv) create a suicide prevention education course that:
(A) provides information for distribution regarding firearm safety education;
(B) incorporates current information on how to recognize suicidal behaviors and
identify individuals who may be suicidal; and
(C) provides information regarding crisis intervention resources;
(b) distributing, free of charge, the firearm safety packet to the following persons, who
shall make the firearm safety packet available free of charge:
(i) health care providers, including emergency rooms;
(ii) mobile crisis outreach teams;
(iii) mental health practitioners;
(iv) other public health suicide prevention organizations;
(v) entities that teach firearm safety courses;
(vi) school districts for use in the seminar, described in Section 
53G-9-702
, for parents
of students in the school district; and
(vii) firearm dealers to be distributed in accordance with Section 
76-10-526
;
(c) creating and administering a rebate program that includes a rebate that offers
between $10 and $200 off the purchase price of a firearm safe from a participating firearms
dealer or a person engaged in the business of selling firearm safes in Utah, by a Utah resident;
(d) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
making rules that establish procedures for:
(i) producing and distributing the suicide prevention education course and the firearm
safety brochures and packets;
(ii) procuring the cable-style gun locks for distribution; and
(iii) administering the rebate program; and
(e) reporting to the Health and Human Services Interim Committee regarding
implementation and success of the firearm safety program and suicide prevention education
course at or before the November meeting each year.
(4) (a) The division may refuse to contract with and may pursue legal remedies against
any local substance abuse authority or local mental health authority that fails, or has failed, to
expend public funds in accordance with state law, division policy, contract provisions, or
directives issued in accordance with state law.
(b) The division may withhold funds from a local substance abuse authority or local
mental health authority if the authority's contract provider of substance abuse or mental health
programs or services fails to comply with state and federal law or policy.
(5) (a) Before reissuing or renewing a contract with any local substance abuse authority
or local mental health authority, the division shall review and determine whether the local
substance abuse authority or local mental health authority is complying with the oversight and
management responsibilities described in Sections 
17-43-201
, 
17-43-203
, 
17-43-303
, and
17-43-309
.
(b) Nothing in this Subsection (5) may be used as a defense to the responsibility and
liability described in Section 
17-43-303
 and to the responsibility and liability described in
Section 
17-43-203
.
(6) In carrying out the division's duties and responsibilities, the division may not
duplicate treatment or educational facilities that exist in other divisions or departments of the
state, but shall work in conjunction with those divisions and departments in rendering the
treatment or educational services that those divisions and departments are competent and able
to provide.
(7) The division may accept in the name of and on behalf of the state donations, gifts,
devises, or bequests of real or personal property or services to be used as specified by the
donor.
(8) The division shall annually review with each local substance abuse authority and
each local mental health authority the authority's statutory and contract responsibilities
regarding:
(a) use of public funds;
(b) oversight of public funds; and
(c) governance of substance use disorder and mental health programs and services.
(9) The Legislature may refuse to appropriate funds to the division upon the division's
failure to comply with the provisions of this part.
(10) If a local substance abuse authority contacts the division under Subsection
17-43-201
(10) for assistance in providing treatment services to a pregnant woman or pregnant
minor, the division shall:
(a) refer the pregnant woman or pregnant minor to a treatment facility that has the
capacity to provide the treatment services; or
(b) otherwise ensure that treatment services are made available to the pregnant woman
or pregnant minor.
(11) The division shall employ a school-based mental health specialist to be housed at
the State Board of Education who shall work with the State Board of Education to:
(a) provide coordination between a local education agency and local mental health
authority;
(b) recommend evidence-based and evidence informed mental health screenings and
intervention assessments for a local education agency; and
(c) coordinate with the local community, including local departments of health, to
enhance and expand mental health related resources for a local education agency.
Section 94. Section 
62A-15-104
 is amended to read:
62A-15-104.
Director -- Qualifications.
(1) The [
director of the division shall be appointed by the
] executive director 
shall
appoint a director within the division to carry out all or part of the duties and responsibilities
described in this part
.
(2) The director 
appointed under Subsection (1)
 shall have a bachelor's degree from an
accredited university or college, be experienced in administration, and be knowledgeable in
matters concerning substance abuse and mental health.
[
(3) The director is the administrative head of the division.
]
Section 95. Section 
63A-13-102
 is amended to read:
63A-13-102.
Definitions.
As used in this chapter:
(1) "Abuse" means:
(a) an action or practice that:
(i) is inconsistent with sound fiscal, business, or medical practices; and
(ii) results, or may result, in unnecessary Medicaid related costs; or
(b) reckless or negligent upcoding.
(2) "Claimant" means a person that:
(a) provides a service; and
(b) submits a claim for Medicaid reimbursement for the service.
(3) "Department" means the Department of Health[
,
] 
and Human Services
 created in
Section [
26-1-4
] 
26B-1-201
.
(4) "Division" means the Division of Medicaid and Health Financing, created in
Section 
26-18-2.1
.
(5) "Extrapolation" means a method of using a mathematical formula that takes the
audit results from a small sample of Medicaid claims and projects those results over a much
larger group of Medicaid claims.
(6) "Fraud" means intentional or knowing:
(a) deception, misrepresentation, or upcoding in relation to Medicaid funds, costs, a
claim, reimbursement, or services; or
(b) a violation of a provision of Sections 
26-20-3
 through 
26-20-7
.
(7) "Fraud unit" means the Medicaid Fraud Control Unit of the attorney general's
office.
(8) "Health care professional" means a person licensed under:
(a) Title 58, Chapter 5a, Podiatric Physician Licensing Act;
(b) Title 58, Chapter 16a, Utah Optometry Practice Act;
(c) Title 58, Chapter 17b, Pharmacy Practice Act;
(d) Title 58, Chapter 24b, Physical Therapy Practice Act;
(e) Title 58, Chapter 31b, Nurse Practice Act;
(f) Title 58, Chapter 40, Recreational Therapy Practice Act;
(g) Title 58, Chapter 41, Speech-Language Pathology and Audiology Licensing Act;
(h) Title 58, Chapter 42a, Occupational Therapy Practice Act;
(i) Title 58, Chapter 44a, Nurse Midwife Practice Act;
(j) Title 58, Chapter 49, Dietitian Certification Act;
(k) Title 58, Chapter 60, Mental Health Professional Practice Act;
(l) Title 58, Chapter 67, Utah Medical Practice Act;
(m) Title 58, Chapter 68, Utah Osteopathic Medical Practice Act;
(n) Title 58, Chapter 69, Dentist and Dental Hygienist Practice Act;
(o) Title 58, Chapter 70a, Utah Physician Assistant Act; and
(p) Title 58, Chapter 73, Chiropractic Physician Practice Act.
(9) "Inspector general" means the inspector general of the office, appointed under
Section 
63A-13-201
.
(10) "Office" means the Office of Inspector General of Medicaid Services, created in
Section 
63A-13-201
.
(11) "Provider" means a person that provides:
(a) medical assistance, including supplies or services, in exchange, directly or
indirectly, for Medicaid funds; or
(b) billing or recordkeeping services relating to Medicaid funds.
(12) "Upcoding" means assigning an inaccurate billing code for a service that is
payable or reimbursable by Medicaid funds, if the correct billing code for the service, taking
into account reasonable opinions derived from official published coding definitions, would
result in a lower Medicaid payment or reimbursement.
(13) (a) "Waste" means the act of using or expending a resource carelessly,
extravagantly, or to no purpose.
(b) "Waste" includes an activity that:
(i) does not constitute abuse or necessarily involve a violation of law; and
(ii) relates primarily to mismanagement, an inappropriate action, or inadequate
oversight.
Section 96. Section 
63I-1-226
 is amended to read:
63I-1-226.
Repeal dates, Title 26.
[
(1) Subsection 
26-1-7
(1)(f), related to the Residential Child Care Licensing Advisory
Committee, is repealed July 1, 2024.
]
[
(2) Subsection 
26-1-7
(1)(h), related to the Primary Care Grant Committee, is repealed
July 1, 2025.
]
[
(3)
] 
(1)
 Section 
26-1-7.5
, which creates the Utah Health Advisory Council, is repealed
July 1, 2025.
[
(4)
] 
(2)
 Section 
26-1-40
 is repealed July 1, 2022.
[
(5)
] 
(3)
 Section 
26-1-41
 is repealed July 1, 2026.
[
(6)
] 
(4)
 Section 
26-7-10
 is repealed July 1, 2025.
[
(7)
] 
(5)
 Subsection 
26-7-11
(5), regarding reports to the Legislature, is repealed July 1,
2028.
[
(8)
] 
(6)
 Section 
26-7-14
 is repealed December 31, 2027.
[
(9)
] 
(7)
 Title 26, Chapter 9f, Utah Digital Health Service Commission Act, is repealed
July 1, 2025.
[
(10)
] 
(8)
 Subsection 
26-10-6
(5), which creates the Newborn Hearing Screening
Committee, is repealed July 1, 2026.
[
(11)
] 
(9)
 Section 
26-10b-106
, which creates the Primary Care Grant Committee, is
repealed July 1, 2025.
[
(12)
] 
(10)
 Subsection 
26-15c-104
(3), relating to a limitation on the number of
microenterprise home kitchen permits that may be issued, is repealed on July 1, 2022.
[
(13)
] 
(11)
 Subsection 
26-18-2.6
(9), which addresses reimbursement for dental
hygienists, is repealed July 1, 2028.
[
(14)
] 
(12)
 Section 
26-18-27
 is repealed July 1, 2025.
[
(15)
] 
(13)
 Title 26, Chapter 18, Part 2, Drug Utilization Review Board, is repealed
July 1, 2027.
[
(16)
] 
(14)
 Subsection 
26-18-418
(2), the language that states "and the Behavioral
Health Crisis Response Commission created in Section 
63C-18-202
" is repealed July 1, 2023.
[
(17)
] 
(15)
 Section 
26-33a-117
 is repealed on December 31, 2023.
[
(18)
] 
(16)
 Title 26, Chapter 33a, Utah Health Data Authority Act, is repealed July 1,
2024.
[
(19)
] 
(17)
 Title 26, Chapter 36b, Inpatient Hospital Assessment Act, is repealed July
1, 2024.
[
(20)
] 
(18)
 Title 26, Chapter 36c, Medicaid Expansion Hospital Assessment Act, is
repealed July 1, 2024.
[
(21)
] 
(19)
 Title 26, Chapter 36d, Hospital Provider Assessment Act, is repealed July
1, 2024.
[
(22)
] 
(20)
 Section 
26-39-201
, which creates the Residential Child Care Licensing
Advisory Committee, is repealed July 1, 2024.
[
(23)
] 
(21)
 Section 
26-40-104
, which creates the Utah Children's Health Insurance
Program Advisory Council, is repealed July 1, 2025.
[
(24)
] 
(22)
 Section 
26-50-202
, which creates the Traumatic Brain Injury Advisory
Committee, is repealed July 1, 2025.
[
(25)
] 
(23)
 Title 26, Chapter 54, Spinal Cord and Brain Injury Rehabilitation Fund and
Pediatric Neuro-Rehabilitation Fund, is repealed January 1, 2025.
[
(26)
] 
(24)
 Title 26, Chapter 63, Nurse Home Visiting Pay-for-Success Program, is
repealed July 1, 2026.
[
(27)
] 
(25)
 Title 26, Chapter 66, Early Childhood Utah Advisory Council, is repealed
July 1, 2026.
[
(28)
] 
(26)
 Title 26, Chapter 68, COVID-19 Vaccine Restrictions Act, is repealed July
1, 2024.
(27) Subsection 
26B-1-204
(2)(i), related to the Residential Child Care Licensing
Advisory Committee, is repealed July 1, 2024.
(28) Subsection 
26B-1-204
(2)(k), related to the Primary Care Grant Committee, is
repealed July 1, 2025.
Section 97. Section 
63I-2-226
 is amended to read:
63I-2-226.
Repeal dates -- Titles 26 through 26B.
[
(1) Subsection 
26-1-7
(1)(c), in relation to the Air Ambulance Committee, is repealed
July 1, 2024.
]
[
(2) Section 
26-4-6.1
 is repealed January 1, 2022.
]
[
(3) Section 
26-6-41
, in relation to termination of public health emergency powers
pertaining to COVID-19, is repealed on July 1, 2021.
]
[
(4)
] 
(1)
 Subsection 
26-7-8
(3) is repealed January 1, 2027.
[
(5)
] 
(2)
 Section 
26-8a-107
 is repealed July 1, 2024.
[
(6)
] 
(3)
 Subsection 
26-8a-203
(3)(a)(i) is repealed January 1, 2023.
[
(7)
] 
(4)
 Section 
26-8a-211
 is repealed July 1, 2023.
[
(8)
] 
(5)
 In relation to the Air Ambulance Committee, on July 1, 2024, Subsection
26-8a-602
(1)(a) is amended to read:
"(a) provide the patient or the patient's representative with the following information
before contacting an air medical transport provider:
(i) which health insurers in the state the air medical transport provider contracts with;
(ii) if sufficient data is available, the average charge for air medical transport services
for a patient who is uninsured or out of network; and
(iii) whether the air medical transport provider balance bills a patient for any charge
not paid by the patient's health insurer; and".
[
(9)
] 
(6)
 Subsection 
26-18-2.4
(3)(e) is repealed January 1, 2023.
[
(10)
] 
(7)
 Subsection 
26-18-411
(8), related to reporting on the health coverage
improvement program, is repealed January 1, 2023.
[
(11)
] 
(8)
 Subsection 
26-18-420
(5), related to reporting on coverage for in vitro
fertilization and genetic testing, is repealed July 1, 2030.
[
(12)
] 
(9)
 In relation to the Air Ambulance Committee, July 1, 2024, Subsection
26-21-32
(1)(a) is amended to read:
"(a) provide the patient or the patient's representative with the following information
before contacting an air medical transport provider:
(i) which health insurers in the state the air medical transport provider contracts with;
(ii) if sufficient data is available, the average charge for air medical transport services
for a patient who is uninsured or out of network; and
(iii) whether the air medical transport provider balance bills a patient for any charge
not paid by the patient's health insurer; and".
[
(13)
] 
(10)
 Subsection 
26-33a-106.1
(2)(a) is repealed January 1, 2023.
[
(14)
] 
(11)
 Title 26, Chapter 46, Utah Health Care Workforce Financial Assistance
Program, is repealed July 1, 2027.
[
(15)
] 
(12)
 Subsection 
26-61-202
(4)(b) is repealed January 1, 2022.
[
(16)
] 
(13)
 Subsection 
26-61-202
(5) is repealed January 1, 2022.
[
(17) Section 
26A-1-130
, in relation to termination of public health emergency powers
pertaining to COVID-19, is repealed on July 1, 2021.
]
[
(18) Section 
26B-1-201.1
 is repealed July 1, 2022.
]
(14) Subsection 
26B-1-204
(2)(f), relating to the Air Ambulance Committee, is
repealed July 1, 2024.
Section 98. Section 
63J-1-315
 is amended to read:
63J-1-315.
Medicaid Growth Reduction and Budget Stabilization Account --
Transfers of Medicaid growth savings -- Base budget adjustments.
(1) As used in this section:
(a) "Department" means the Department of Health 
and Human Services
 created in
Section [
26-1-4
] 
26B-1-201
.
(b) "Division" means the Division of Medicaid and Health Financing created in Section
26-18-2.1
.
(c) "General Fund revenue surplus" means a situation where actual General Fund
revenues collected in a completed fiscal year exceed the estimated revenues for the General
Fund for that fiscal year that were adopted by the Executive Appropriations Committee of the
Legislature.
(d) "Medicaid growth savings" means the Medicaid growth target minus Medicaid
program expenditures, if Medicaid program expenditures are less than the Medicaid growth
target.
(e) "Medicaid growth target" means Medicaid program expenditures for the previous
year multiplied by 1.08.
(f) "Medicaid program" is as defined in Section 
26-18-2
.
(g) "Medicaid program expenditures" means total state revenue expended for the
Medicaid program from the General Fund, including restricted accounts within the General
Fund, during a fiscal year.
(h) "Medicaid program expenditures for the previous year" means total state revenue
expended for the Medicaid program from the General Fund, including restricted accounts
within the General Fund, during the fiscal year immediately preceding a fiscal year for which
Medicaid program expenditures are calculated.
(i) "Operating deficit" means that, at the end of the fiscal year, the unassigned fund
balance in the General Fund is less than zero.
(j) "State revenue" means revenue other than federal revenue.
(k) "State revenue expended for the Medicaid program" includes money transferred or
appropriated to the Medicaid Growth Reduction and Budget Stabilization Account only to the
extent the money is appropriated for the Medicaid program by the Legislature.
(2) There is created within the General Fund a restricted account to be known as the
Medicaid Growth Reduction and Budget Stabilization Account.
(3) (a) (i) Except as provided in Subsection (6), if, at the end of a fiscal year, there is a
General Fund revenue surplus, the Division of Finance shall transfer an amount equal to
Medicaid growth savings from the General Fund to the Medicaid Growth Reduction and
Budget Stabilization Account.
(ii) If the amount transferred is reduced to prevent an operating deficit, as provided in
Subsection (6), the Legislature shall include, to the extent revenue is available, an amount
equal to the reduction as an appropriation from the General Fund to the account in the base
budget for the second fiscal year following the fiscal year for which the reduction was made.
(b) If, at the end of a fiscal year, there is not a General Fund revenue surplus, the
Legislature shall include, to the extent revenue is available, an amount equal to Medicaid
growth savings as an appropriation from the General Fund to the account in the base budget for
the second fiscal year following the fiscal year for which the reduction was made.
(c) Subsections (3)(a) and (3)(b) apply only to the fiscal year in which the department
implements the proposal developed under Section 
26-18-405
 to reduce the long-term growth in
state expenditures for the Medicaid program, and to each fiscal year after that year.
(4) The Division of Finance shall calculate the amount to be transferred under
Subsection (3):
(a) before transferring revenue from the General Fund revenue surplus to:
(i) the General Fund Budget Reserve Account under Section 
63J-1-312
;
(ii) the Wildland Fire Suppression Fund created in Section 
65A-8-204
, as described in
Section 
63J-1-314
; and 
(iii) the State Disaster Recovery Restricted Account under Section 
63J-1-314
;
(b) before earmarking revenue from the General Fund revenue surplus to the Industrial
Assistance Account under Section 
63N-3-106
; and
(c) before making any other year-end contingency appropriations, year-end set-asides,
or other year-end transfers required by law.
(5) (a) If, at the close of any fiscal year, there appears to be insufficient money to pay
additional debt service for any bonded debt authorized by the Legislature, the Division of
Finance may hold back from any General Fund revenue surplus money sufficient to pay the
additional debt service requirements resulting from issuance of bonded debt that was
authorized by the Legislature.
(b) The Division of Finance may not spend the hold back amount for debt service
under Subsection (5)(a) unless and until it is appropriated by the Legislature.
(c) If, after calculating the amount for transfer under Subsection (3), the remaining
General Fund revenue surplus is insufficient to cover the hold back for debt service required by
Subsection (5)(a), the Division of Finance shall reduce the transfer to the Medicaid Growth
Reduction and Budget Stabilization Account by the amount necessary to cover the debt service
hold back.
(d) Notwithstanding Subsections (3) and (4), the Division of Finance shall hold back
the General Fund balance for debt service authorized by this Subsection (5) before making any
transfers to the Medicaid Growth Reduction and Budget Stabilization Account or any other
designation or allocation of General Fund revenue surplus.
(6) Notwithstanding Subsections (3) and (4), if, at the end of a fiscal year, the Division
of Finance determines that an operating deficit exists and that holding back earmarks to the
Industrial Assistance Account under Section 
63N-3-106
, transfers to the Wildland Fire
Suppression Fund and State Disaster Recovery Restricted Account under Section 
63J-1-314
,
transfers to the General Fund Budget Reserve Account under Section 
63J-1-312
, or earmarks
and transfers to more than one of those accounts, in that order, does not eliminate the operating
deficit, the Division of Finance may reduce the transfer to the Medicaid Growth Reduction and
Budget Stabilization Account by the amount necessary to eliminate the operating deficit.
(7) The Legislature may appropriate money from the Medicaid Growth Reduction and
Budget Stabilization Account only:
(a) if Medicaid program expenditures for the fiscal year for which the appropriation is
made are estimated to be 108% or more of Medicaid program expenditures for the previous
year; and
(b) for the Medicaid program.
(8) The Division of Finance shall deposit interest or other earnings derived from
investment of Medicaid Growth Reduction and Budget Stabilization Account money into the
General Fund.
Section 99. Section 
63J-1-602.1
 is amended to read:
63J-1-602.1.
List of nonlapsing appropriations from accounts and funds.
Appropriations made from the following accounts or funds are nonlapsing:
(1) The Utah Intracurricular Student Organization Support for Agricultural Education
and Leadership Restricted Account created in Section 
4-42-102
.
(2) The Native American Repatriation Restricted Account created in Section 
9-9-407
.
(3) The Martin Luther King, Jr. Civil Rights Support Restricted Account created in
Section 
9-18-102
.
(4) The National Professional Men's Soccer Team Support of Building Communities
Restricted Account created in Section 
9-19-102
.
(5) Funds collected for directing and administering the C-PACE district created in
Section 
11-42a-106
.
(6) Money received by the Utah Inland Port Authority, as provided in Section
11-58-105
.
(7) The "Latino Community Support Restricted Account" created in Section 
13-1-16
.
(8) The Clean Air Support Restricted Account created in Section 
19-1-109
.
(9) The Division of Air Quality Oil, Gas, and Mining Restricted Account created in
Section 
19-2a-106
.
(10) The Division of Water Quality Oil, Gas, and Mining Restricted Account created in
Section 
19-5-126
.
(11) The "Support for State-Owned Shooting Ranges Restricted Account" created in
Section 
23-14-13.5
.
(12) Award money under the State Asset Forfeiture Grant Program, as provided under
Section 
24-4-117
.
(13) Funds collected from the program fund for local health department expenses
incurred in responding to a local health emergency under Section 
26-1-38
.
(14) The Children with Cancer Support Restricted Account created in Section
26-21a-304
.
(15) State funds for matching federal funds in the Children's Health Insurance Program
as provided in Section 
26-40-108
.
(16) The Children with Heart Disease Support Restricted Account created in Section
26-58-102
.
(17) The Nurse Home Visiting Restricted Account created in Section 
26-63-601
.
(18) The Technology Development Restricted Account created in Section 
31A-3-104
.
(19) The Criminal Background Check Restricted Account created in Section
31A-3-105
.
(20) The Captive Insurance Restricted Account created in Section 
31A-3-304
, except
to the extent that Section 
31A-3-304
 makes the money received under that section free revenue.
(21) The Title Licensee Enforcement Restricted Account created in Section
31A-23a-415
.
(22) The Health Insurance Actuarial Review Restricted Account created in Section
31A-30-115
.
(23) The Insurance Fraud Investigation Restricted Account created in Section
31A-31-108
.
(24) The Underage Drinking Prevention Media and Education Campaign Restricted
Account created in Section 
32B-2-306
.
(25) The School Readiness Restricted Account created in Section 
35A-15-203
.
(26) Money received by the Utah State Office of Rehabilitation for the sale of certain
products or services, as provided in Section 
35A-13-202
.
(27) The Oil and Gas Administrative Penalties Account created in Section 
40-6-11
.
(28) The Oil and Gas Conservation Account created in Section 
40-6-14.5
.
(29) The Division of Oil, Gas, and Mining Restricted account created in Section
40-6-23
.
(30) The Electronic Payment Fee Restricted Account created by Section 
41-1a-121
 to
the Motor Vehicle Division.
(31) The Motor Vehicle Enforcement Division Temporary Permit Restricted Account
created by Section 
41-3-110
 to the State Tax Commission.
(32) The Utah Law Enforcement Memorial Support Restricted Account created in
Section 
53-1-120
.
(33) The State Disaster Recovery Restricted Account to the Division of Emergency
Management, as provided in Section 
53-2a-603
.
(34) The Department of Public Safety Restricted Account to the Department of Public
Safety, as provided in Section 
53-3-106
.
(35) The Utah Highway Patrol Aero Bureau Restricted Account created in Section
53-8-303
.
(36) The DNA Specimen Restricted Account created in Section 
53-10-407
.
(37) The Canine Body Armor Restricted Account created in Section 
53-16-201
.
(38) The Technical Colleges Capital Projects Fund created in Section 
53B-2a-118
.
(39) The Higher Education Capital Projects Fund created in Section 
53B-22-202
.
(40) A certain portion of money collected for administrative costs under the School
Institutional Trust Lands Management Act, as provided under Section 
53C-3-202
.
(41) The Public Utility Regulatory Restricted Account created in Section 
54-5-1.5
,
subject to Subsection 
54-5-1.5
(4)(d).
(42) Funds collected from a surcharge fee to provide certain licensees with access to an
electronic reference library, as provided in Section 
58-3a-105
.
(43) Certain fines collected by the Division of Occupational and Professional Licensing
for violation of unlawful or unprofessional conduct that are used for education and enforcement
purposes, as provided in Section 
58-17b-505
.
(44) Funds collected from a surcharge fee to provide certain licensees with access to an
electronic reference library, as provided in Section 
58-22-104
.
(45) Funds collected from a surcharge fee to provide certain licensees with access to an
electronic reference library, as provided in Section 
58-55-106
.
(46) Funds collected from a surcharge fee to provide certain licensees with access to an
electronic reference library, as provided in Section 
58-56-3.5
.
(47) Certain fines collected by the Division of Occupational and Professional Licensing
for use in education and enforcement of the Security Personnel Licensing Act, as provided in
Section 
58-63-103
.
(48) The Relative Value Study Restricted Account created in Section 
59-9-105
.
(49) The Cigarette Tax Restricted Account created in Section 
59-14-204
.
(50) Funds paid to the Division of Real Estate for the cost of a criminal background
check for a mortgage loan license, as provided in Section 
61-2c-202
.
(51) Funds paid to the Division of Real Estate for the cost of a criminal background
check for principal broker, associate broker, and sales agent licenses, as provided in Section
61-2f-204
.
(52) Certain funds donated to the Department of 
Health and
 Human Services, as
provided in Section [
62A-1-111
] 
26B-1-202
.
(53) The National Professional Men's Basketball Team Support of Women and
Children Issues Restricted Account created in Section [
62A-1-202
] 
26B-1-302
.
(54) Certain funds donated to the Division of Child and Family Services, as provided
in Section 
62A-4a-110
.
(55) The Choose Life Adoption Support Restricted Account created in Section
62A-4a-608
.
(56) Funds collected by the Office of Administrative Rules for publishing, as provided
in Section 
63G-3-402
.
(57) The Immigration Act Restricted Account created in Section 
63G-12-103
.
(58) Money received by the military installation development authority, as provided in
Section 
63H-1-504
.
(59) The Computer Aided Dispatch Restricted Account created in Section 
63H-7a-303
.
(60) The Unified Statewide 911 Emergency Service Account created in Section
63H-7a-304
.
(61) The Utah Statewide Radio System Restricted Account created in Section
63H-7a-403
.
(62) The Utah Capital Investment Restricted Account created in Section 
63N-6-204
.
(63) The Motion Picture Incentive Account created in Section 
63N-8-103
.
(64) Certain money payable for expenses of the Pete Suazo Utah Athletic Commission,
as provided under Section 
63N-10-301
.
(65) Funds collected by the housing of state probationary inmates or state parole
inmates, as provided in Subsection 
64-13e-104
(2).
(66) Certain forestry and fire control funds utilized by the Division of Forestry, Fire,
and State Lands, as provided in Section 
65A-8-103
.
(67) The Transportation of Veterans to Memorials Support Restricted Account created
in Section 
71-14-102
.
(68) The Amusement Ride Safety Restricted Account, as provided in Section
72-16-204
.
(69) Certain funds received by the Office of the State Engineer for well drilling fines or
bonds, as provided in Section 
73-3-25
.
(70) The Water Resources Conservation and Development Fund, as provided in
Section 
73-23-2
.
(71) Funds donated or paid to a juvenile court by private sources, as provided in
Subsection 
78A-6-203
(1)(c).
(72) Fees for certificate of admission created under Section 
78A-9-102
.
(73) Funds collected for adoption document access as provided in Sections 
78B-6-141
,
78B-6-144
, and 
78B-6-144.5
.
(74) Funds collected for indigent defense as provided in Title 78B, Chapter 22, Part 4,
Utah Indigent Defense Commission.
(75) The Utah Geological Survey Oil, Gas, and Mining Restricted Account created in
Section 
79-3-403
.
(76) Revenue for golf user fees at the Wasatch Mountain State Park, Palisades State
Park, and Green River State Park, as provided under Section 
79-4-403
.
(77) Certain funds received by the Division of State Parks from the sale or disposal of
buffalo, as provided under Section 
79-4-1001
.
(78) The Drinking While Pregnant Prevention Media and Education Campaign
Restricted Account created in Section 
32B-2-308
.
Section 100. Section 
63M-7-301
 is amended to read:
63M-7-301.
Definitions -- Creation of council -- Membership -- Terms.
(1) (a) As used in this part, "council" means the Utah Substance Use and Mental Health
Advisory Council created in this section.
(b) There is created within the governor's office the Utah Substance Use and Mental
Health Advisory Council.
(2) The council shall be comprised of the following voting members:
(a) the attorney general or the attorney general's designee;
(b) one elected county official appointed by the Utah Association of Counties;
(c) the commissioner of public safety or the commissioner's designee;
(d) the director of the Division of [
Substance Abuse and Mental Health
] 
Integrated
Healthcare
 or the director's designee;
(e) the state superintendent of public instruction or the superintendent's designee;
(f) the executive director of the Department of Health 
and Human Services
 or the
executive director's designee;
(g) the executive director of the Commission on Criminal and Juvenile Justice or the
executive director's designee;
(h) the executive director of the Department of Corrections or the executive director's
designee;
(i) the director of the Division of Juvenile Justice Services or the director's designee;
(j) the director of the Division of Child and Family Services or the director's designee;
(k) the chair of the Board of Pardons and Parole or the chair's designee;
(l) the director of the Office of Multicultural Affairs or the director's designee;
(m) the director of the Division of Indian Affairs or the director's designee;
(n) the state court administrator or the state court administrator's designee;
(o) one district court judge who presides over a drug court and who is appointed by the
chief justice of the Utah Supreme Court;
(p) one district court judge who presides over a mental health court and who is
appointed by the chief justice of the Utah Supreme Court;
(q) one juvenile court judge who presides over a drug court and who is appointed by the
chief justice of the Utah Supreme Court;
(r) one prosecutor appointed by the Statewide Association of Prosecutors;
(s) the chair or co-chair of each committee established by the council;
(t) the chair or co-chair of the Statewide Suicide Prevention Coalition created under
Subsection 
62A-15-1101
(2);
(u) one representative appointed by the Utah League of Cities and Towns to serve a
four-year term;
(v) the following members appointed by the governor to serve four-year terms:
(i) one resident of the state who has been personally affected by a substance use or
mental health disorder; and
(ii) one citizen representative; and
(w) in addition to the voting members described in Subsections (2)(a) through (v), the
following voting members appointed by a majority of the members described in Subsections
(2)(a) through (v) to serve four-year terms:
(i) one resident of the state who represents a statewide advocacy organization for
recovery from substance use disorders;
(ii) one resident of the state who represents a statewide advocacy organization for
recovery from mental illness;
(iii) one resident of the state who represents a statewide advocacy organization for
protection of rights of individuals with a disability;
(iv) one resident of the state who represents prevention professionals;
(v) one resident of the state who represents treatment professionals;
(vi) one resident of the state who represents the physical health care field;
(vii) one resident of the state who is a criminal defense attorney;
(viii) one resident of the state who is a military servicemember or military veteran
under Section 
53B-8-102
; 
(ix) one resident of the state who represents local law enforcement agencies;
(x) one representative of private service providers that serve youth with substance use
disorders or mental health disorders; and
(xi) one resident of the state who is certified by the Division of [
Substance Abuse and
Mental Health
] 
Integrated Healthcare
 as a peer support specialist as described in Subsection
62A-15-103
(2)(h).
(3) An individual other than an individual described in Subsection (2) may not be
appointed as a voting member of the council.
Section 101. Section 
67-3-11
 is amended to read:
67-3-11.
Health care price transparency tool -- Transparency tool requirements.
(1) The state auditor shall create a health care price transparency tool:
(a) subject to appropriations from the Legislature and any available funding from
third-party sources;
(b) with technical support from the Public Employees' Benefit and Insurance Program
created in Section 
49-20-103
, the Department of Health 
and Human Services
, and the
Insurance Department; and
(c) in accordance with the requirements in Subsection (2).
(2) A health care price transparency tool created by the state auditor under this section
shall:
(a) present health care price information for consumers in a manner that is clear and
accurate;
(b) be available to the public in a user-friendly manner;
(c) incorporate existing data collected under Section 
26-33a-106.1
;
(d) incorporate data collected under Section 
26-61a-106
, regarding fees for qualified
medical providers recommending medical cannabis, as those terms are defined in Section
26-61a-102
;
(e) group billing codes for common health care procedures;
(f) be updated on a regular basis; and
(g) be created and operated in accordance with all applicable state and federal laws.
(3) The state auditor may make the health care pricing data from the health care price
transparency tool available to the public through an application program interface format if the
data meets state and federal data privacy requirements.
(4) (a) Before making a health care price transparency tool available to the public, the
state auditor shall:
(i) seek input from the Health Data Committee created in Section [
26-1-7
] 
26B-1-204
on the overall accuracy and effectiveness of the reports provided by the health care price
transparency tool; and
(ii) establish procedures to give data providers a 30-day period to review pricing
information before the state auditor publishes the information on the health care price
transparency tool.
(b) If the state auditor complies with the requirements of Subsection (4)(a), the health
care price transparency tool is not subject to the requirements of Section 
26-33a-107
.
(5) Each year in which a health care price transparency tool is operational, the state
auditor shall report to the Health and Human Services Interim Committee before November 1
of that year:
(a) the utilization of the health care price transparency tool; and
(b) policy options for improving access to health care price transparency data.
Section 102. Section 
76-5-413
 is amended to read:
76-5-413.
Custodial sexual relations or misconduct with youth receiving state
services -- Definitions -- Penalties -- Defenses.
(1) As used in this section:
(a) "Actor" means:
(i) an individual employed by the Department of 
Health and
 Human Services[
, as
]
created in Section [
62A-1-102
] 
26B-1-201
, or an employee of a private provider or contractor;
or
(ii) an individual employed by the juvenile court of the state, or an employee of a
private provider or contractor.
(b) "Department" means the Department of 
Health and
 Human Services created in
Section [
62A-1-102
] 
26B-1-201
.
(c) "Juvenile court" means the juvenile court of the state created in Section 
78A-6-102
.
(d) "Private provider or contractor" means any individual or entity that contracts with
the:
(i) department to provide services or functions that are part of the operation of the
department; or
(ii) juvenile court to provide services or functions that are part of the operation of the
juvenile court.
(e) "Youth receiving state services" means an individual:
(i) younger than 18 years old, except as provided under Subsection (1)(e)(ii), who is:
(A) in the custody of the department under Section 
80-6-703
; or
(B) receiving services from any division of the department if any portion of the costs of
these services is covered by public money; or
(ii) younger than 21 years old:
(A) who is in the custody of the Division of Juvenile Justice Services, or the Division
of Child and Family Services; or
(B) whose case is under the jurisdiction of the juvenile court.
(2) (a) An actor commits custodial sexual relations with a youth receiving state
services if the actor commits any of the acts under Subsection (3):
(i) under circumstances not amounting to commission of, or an attempt to commit, an
offense under Subsection (6); and
(ii) (A) the actor knows that the individual is a youth receiving state services; or
(B) a reasonable person in the actor's position should have known under the
circumstances that the individual was a youth receiving state services.
(b) A violation of Subsection (2)(a) is a third degree felony, but if the youth receiving
state services is younger than 18 years old, a violation of Subsection (2)(a) is a second degree
felony.
(c) If the act committed under this Subsection (2) amounts to an offense subject to a
greater penalty under another provision of state law than is provided under this Subsection (2),
this Subsection (2) does not prohibit prosecution and sentencing for the more serious offense.
(3) Acts referred to in Subsection (2)(a) are:
(a) having sexual intercourse with a youth receiving state services;
(b) engaging in any sexual act with a youth receiving state services involving the
genitals of one individual and the mouth or anus of another individual, regardless of the sex of
either participant; or
(c) causing the penetration, however slight, of the genital or anal opening of a youth
receiving state services by any foreign object, substance, instrument, or device, including a part
of the human body, with the intent to cause substantial emotional or bodily pain to any
individual, regardless of the sex of any participant or with the intent to arouse or gratify the
sexual desire of any individual, regardless of the sex of any participant.
(4) (a) An actor commits custodial sexual misconduct with a youth receiving state
services if the actor commits any of the acts under Subsection (5):
(i) under circumstances not amounting to commission of, or an attempt to commit, an
offense under Subsection (6); and
(ii) (A) the actor knows that the individual is a youth receiving state services; or
(B) a reasonable person in the actor's position should have known under the
circumstances that the individual was a youth receiving state services.
(b) A violation of Subsection (4)(a) is a class A misdemeanor, but if the youth
receiving state services is younger than 18 years old, a violation of Subsection (4)(a) is a third
degree felony.
(c) If the act committed under this Subsection (4) amounts to an offense subject to a
greater penalty under another provision of state law than is provided under this Subsection (4),
this Subsection (4) does not prohibit prosecution and sentencing for the more serious offense.
(5) Acts referred to in Subsection (4)(a) are the following acts when committed with
the intent to cause substantial emotional or bodily pain to any individual or with the intent to
arouse or gratify the sexual desire of any individual, regardless of the sex of any participant:
(a) touching the anus, buttocks, pubic area, or any part of the genitals of a youth
receiving state services;
(b) touching the breast of a female youth receiving state services; or
(c) otherwise taking indecent liberties with a youth receiving state services.
(6) The offenses referred to in Subsections (2)(a)(i) and (4)(a)(i) are:
(a) Section 
76-5-401
, unlawful sexual activity with a minor;
(b) Section 
76-5-402
, rape;
(c) Section 
76-5-402.1
, rape of a child;
(d) Section 
76-5-402.2
, object rape;
(e) Section 
76-5-402.3
, object rape of a child;
(f) Section 
76-5-403
, forcible sodomy;
(g) Section 
76-5-403.1
, sodomy on a child;
(h) Section 
76-5-404
, forcible sexual abuse;
(i) Section 
76-5-404.1
, sexual abuse of a child or aggravated sexual abuse of a child; or
(j) Section 
76-5-405
, aggravated sexual assault.
(7) (a) It is not a defense to the commission of the offense of custodial sexual relations
with a youth receiving state services under Subsection (2) or custodial sexual misconduct with
a youth receiving state services under Subsection (4), or an attempt to commit either of these
offenses, if the youth receiving state services is younger than 18 years old, that the actor:
(i) mistakenly believed the youth receiving state services to be 18 years old or older at
the time of the alleged offense; or
(ii) was unaware of the true age of the youth receiving state services.
(b) Consent of the youth receiving state services is not a defense to any violation or
attempted violation of Subsection (2) or (4).
(8) It is a defense that the commission by the actor of an act under Subsection (2) or (4)
is the result of compulsion, as the defense is described in Subsection 
76-2-302
(1).
Section 103. Section 
76-5-501
 is amended to read:
76-5-501.
Definitions.
For purposes of this part:
(1) "Alleged sexual offender" means a person or a minor regarding whom an
indictment, petition, or an information has been filed or an arrest has been made alleging the
commission of a sexual offense or an attempted sexual offense under Title 76, Chapter 5, Part
4, Sexual Offenses, and regarding which:
(a) a judge has signed an accompanying arrest warrant, pickup order, or any other order
based upon probable cause regarding the alleged offense; and
(b) the judge has found probable cause to believe that the alleged victim has been
exposed to conduct or activities that may result in an HIV infection as a result of the alleged
offense.
(2) "Department of Health 
and Human Services
" means the [
state
] Department of
Health [
as defined in Section 
26-1-2
] 
and Human Services created in Section 
26B-1-201
.
(3) "HIV infection" means an indication of Human Immunodeficiency Virus (HIV)
infection determined by current medical standards and detected by any of the following:
(a) presence of antibodies to HIV, verified by a positive "confirmatory" test, such as
Western blot or other method approved by the Utah State Health Laboratory. Western blot
interpretation will be based on criteria currently recommended by the Association of State and
Territorial Public Health Laboratory Directors;
(b) presence of HIV antigen;
(c) isolation of HIV; or
(d) demonstration of HIV proviral DNA.
(4) "HIV positive individual" means a person who is HIV positive as determined by the
State Health Laboratory.
(5) "Local department of health" means [
the
] 
a local health
 department as defined in
[
Subsection 
26A-1-102
(5)
] 
Section 
26A-1-102
.
(6) "Minor" means a person younger than 18 years [
of age
] 
old
.
(7) "Positive" means an indication of the HIV infection as defined in Subsection (3).
(8) "Sexual offense" means a violation of state law prohibiting a sexual offense under
Title 76, Chapter 5, Part 4, Sexual Offenses.
(9) "Test" or "testing" means a test or tests for HIV infection conducted by and in
accordance with standards recommended by the Department of Health 
and Human Services
.
Section 104. Section 
78B-5-902
 is amended to read:
78B-5-902.
Definitions.
As used in this part:
(1) "Communication" means an oral statement, written statement, note, record, report,
or document made during, or arising out of, a meeting between a law enforcement officer,
firefighter, emergency medical service provider, or rescue provider and a peer support team
member.
(2) "Behavioral emergency services technician" means an individual who is licensed
under Section 
26-8a-302
 as:
(a) a behavioral emergency services technician; or
(b) an advanced behavioral emergency services technician.
(3) "Emergency medical service provider or rescue unit peer support team member"
means a person who is:
(a) an emergency medical service provider as defined in Section 
26-8a-102
, a regular
or volunteer member of a rescue unit acting as an emergency responder as defined in Section
53-2a-502
, or another person who has been trained in peer support skills; and
(b) designated by the chief executive of an emergency medical service agency or the
chief of a rescue unit as a member of an emergency medical service provider's peer support
team or as a member of a rescue unit's peer support team.
(4) "Law enforcement or firefighter peer support team member" means a person who
is:
(a) a peace officer, law enforcement dispatcher, civilian employee, or volunteer
member of a law enforcement agency, a regular or volunteer member of a fire department, or
another person who has been trained in peer support skills; and
(b) designated by the commissioner of the Department of Public Safety, the executive
director of the Department of Corrections, a sheriff, a police chief, or a fire chief as a member
of a law enforcement agency's peer support team or a fire department's peer support team.
(5) "Trained" means a person who has successfully completed a peer support training
program approved by the Peace Officer Standards and Training Division, the State Fire
Marshal's Office, or the [
Health
] Department 
of Health and Human Services
, as applicable.
Section 105. Section 
78B-5-903
 is amended to read:
78B-5-903.
Creation -- Training -- Communications -- Exclusions.
(1) A law enforcement agency, fire department, emergency medical service agency, or
rescue unit:
(a) may create a peer support team; and
(b) if a peer support team is created, shall develop guidelines for the peer support team
and its members.
(2) A peer support team member shall complete a peer support training program
approved by the Peace Officer Standards and Training Division, the State Fire Marshal's
Office, or the [
Health
] Department 
of Health and Human Services
, as applicable.
(3) In accordance with the Utah Rules of Evidence, a peer support team member may
refuse to disclose communications made by a person participating in peer support services,
including group therapy sessions.
(4) Subsection (3) applies only to communications made during individual interactions
conducted by a peer support team member who is:
(a) acting in the member's capacity as a law enforcement or firefighter peer support
team member or an emergency medical service provider or rescue unit peer support team
member; and
(b) functioning within the written peer support guidelines that are in effect for the
member's respective law enforcement agency, fire department, emergency medical service
agency, or rescue unit.
(5) This part does not apply if:
(a) a law enforcement or firefighter peer support team member or emergency medical
service provider or rescue unit peer support team member was a witness or a party to the
incident that prompted the delivery of peer support services;
(b) information received by a peer support team member is indicative of actual or
suspected child abuse, or actual or suspected child neglect;
(c) the person receiving peer support is a clear and immediate danger to the person's
self or others;
(d) communication to a peer support team member establishes reasonable cause for the
peer support team member to believe that the person receiving peer support services is mentally
or emotionally unfit for duty; or
(e) communication to the peer support team member provides evidence that the person
who is receiving the peer support services has committed a crime, plans to commit a crime, or
intends to conceal a crime.
Section 106. Section 
80-1-102
 is amended to read:
80-1-102.
Juvenile code definitions.
As used in this title:
(1) (a) "Abuse" means:
(i) (A) nonaccidental harm of a child;
(B) threatened harm of a child;
(C) sexual exploitation;
(D) sexual abuse; or
(E) human trafficking of a child in violation of Section 
76-5-308.5
; or
(ii) that a child's natural parent:
(A) intentionally, knowingly, or recklessly causes the death of another parent of the
child;
(B) is identified by a law enforcement agency as the primary suspect in an investigation
for intentionally, knowingly, or recklessly causing the death of another parent of the child; or
(C) is being prosecuted for or has been convicted of intentionally, knowingly, or
recklessly causing the death of another parent of the child.
(b) "Abuse" does not include:
(i) reasonable discipline or management of a child, including withholding privileges;
(ii) conduct described in Section 
76-2-401
; or
(iii) the use of reasonable and necessary physical restraint or force on a child:
(A) in self-defense;
(B) in defense of others;
(C) to protect the child; or
(D) to remove a weapon in the possession of a child for any of the reasons described in
Subsections (1)(b)(iii)(A) through (C).
(2) "Abused child" means a child who has been subjected to abuse.
(3) (a) "Adjudication" means a finding by the court, incorporated in a decree, that the
facts alleged in the petition have been proved.
(b) "Adjudication" does not mean a finding of not competent to proceed in accordance
with Section 
80-6-402
.
(4) (a) "Adult" means an individual who is 18 years old or older.
(b) "Adult" does not include an individual:
(i) who is 18 years old or older; and
(ii) who is a minor.
(5) "Attorney guardian ad litem" means the same as that term is defined in Section
78A-2-801
.
(6) "Board" means the Board of Juvenile Court Judges.
(7) "Child" means an individual who is under 18 years old.
(8) "Child and family plan" means a written agreement between a child's parents or
guardian and the Division of Child and Family Services as described in Section 
62A-4a-205
.
(9) "Child placement agency" means:
(a) a private agency licensed to receive a child for placement or adoption under this
code; or
(b) a private agency that receives a child for placement or adoption in another state,
which is licensed or approved where such license or approval is required by law.
(10) "Clandestine laboratory operation" means the same as that term is defined in
Section 
58-37d-3
.
(11) "Commit" or "committed" means, unless specified otherwise:
(a) with respect to a child, to transfer legal custody; and
(b) with respect to a minor who is at least 18 years old, to transfer custody.
(12) "Community-based program" means a nonsecure residential or nonresidential
program, designated to supervise and rehabilitate juvenile offenders, that prioritizes the least
restrictive setting, consistent with public safety, and operated by or under contract with the
Division of Juvenile Justice Services.
(13) "Community placement" means placement of a minor in a community-based
program described in Section 
80-5-402
.
(14) "Correctional facility" means:
(a) a county jail; or
(b) a secure correctional facility as defined in Section 
64-13-1
.
(15) "Criminogenic risk factors" means evidence-based factors that are associated with
a minor's likelihood of reoffending.
(16) "Department" means the Department of 
Health and
 Human Services created in
Section [
62A-1-102
] 
26B-1-201
.
(17) "Dependent child" or "dependency" means a child who is without proper care
through no fault of the child's parent, guardian, or custodian.
(18) "Deprivation of custody" means transfer of legal custody by the juvenile court
from a parent or a previous custodian to another person, agency, or institution.
(19) "Detention" means home detention or secure detention.
(20) "Detention risk assessment tool" means an evidence-based tool established under
Section 
80-5-203
 that:
(a) assesses a minor's risk of failing to appear in court or reoffending before
adjudication; and
(b) is designed to assist in making a determination of whether a minor shall be held in
detention.
(21) "Developmental immaturity" means incomplete development in one or more
domains that manifests as a functional limitation in the minor's present ability to:
(a) consult with counsel with a reasonable degree of rational understanding; and
(b) have a rational as well as factual understanding of the proceedings.
(22) "Disposition" means an order by a juvenile court, after the adjudication of a
minor, under Section 
80-3-405
 or 
80-4-305
 or Chapter 6, Part 7, Adjudication and Disposition.
(23) "Educational neglect" means that, after receiving a notice of compulsory education
violation under Section 
53G-6-202
, the parent or guardian fails to make a good faith effort to
ensure that the child receives an appropriate education.
(24) "Educational series" means an evidence-based instructional series:
(a) obtained at a substance abuse program that is approved by the Division of
[
Substance Abuse and Mental Health
] 
Integrated Healthcare
 in accordance with Section
62A-15-105
; and
(b) designed to prevent substance use or the onset of a mental health disorder.
(25) "Emancipated" means the same as that term is defined in Section 
80-7-102
.
(26) "Evidence-based" means a program or practice that has had multiple randomized
control studies or a meta-analysis demonstrating that the program or practice is effective for a
specific population or has been rated as effective by a standardized program evaluation tool. 
(27) "Forensic evaluator" means the same as that term is defined in Section 
77-15-2
.
(28) "Formal probation" means a minor is:
(a) supervised in the community by, and reports to, a juvenile probation officer or an
agency designated by the juvenile court; and
(b) subject to return to the juvenile court in accordance with Section 
80-6-607
.
(29) "Group rehabilitation therapy" means psychological and social counseling of one
or more individuals in the group, depending upon the recommendation of the therapist.
(30) "Guardian" means a person appointed by a court to make decisions regarding a
minor, including the authority to consent to:
(a) marriage;
(b) enlistment in the armed forces;
(c) major medical, surgical, or psychiatric treatment; or
(d) legal custody, if legal custody is not vested in another individual, agency, or
institution.
(31) "Guardian ad litem" means the same as that term is defined in Section 
78A-2-801
.
(32) "Harm" means:
(a) physical or developmental injury or damage;
(b) emotional damage that results in a serious impairment in the child's growth,
development, behavior, or psychological functioning;
(c) sexual abuse; or
(d) sexual exploitation.
(33) "Home detention" means placement of a minor:
(a) if prior to a disposition, in the minor's home, or in a surrogate home with the
consent of the minor's parent, guardian, or custodian, under terms and conditions established by
the Division of Juvenile Justice Services or the juvenile court; or
(b) if after a disposition, and in accordance with Section 
78A-6-353
 or 
80-6-704
, in the
minor's home, or in a surrogate home with the consent of the minor's parent, guardian, or
custodian, under terms and conditions established by the Division of Juvenile Justice Services
or the juvenile court.
(34) (a) "Incest" means engaging in sexual intercourse with an individual whom the
perpetrator knows to be the perpetrator's ancestor, descendant, brother, sister, uncle, aunt,
nephew, niece, or first cousin.
(b) "Incest" includes:
(i) blood relationships of the whole or half blood, without regard to legitimacy;
(ii) relationships of parent and child by adoption; and
(iii) relationships of stepparent and stepchild while the marriage creating the
relationship of a stepparent and stepchild exists.
(35) "Indian child" means the same as that term is defined in 25 U.S.C. Sec. 1903.
(36) "Indian tribe" means the same as that term is defined in 25 U.S.C. Sec. 1903.
(37) "Indigent defense service provider" means the same as that term is defined in
Section 
78B-22-102
.
(38) "Indigent defense services" means the same as that term is defined in Section
78B-22-102
.
(39) "Indigent individual" means the same as that term is defined in Section
78B-22-102
.
(40) (a) "Intake probation" means a minor is:
(i) monitored by a juvenile probation officer; and
(ii) subject to return to the juvenile court in accordance with Section 
80-6-607
.
(b) "Intake probation" does not include formal probation.
(41) "Intellectual disability" means a significant subaverage general intellectual
functioning existing concurrently with deficits in adaptive behavior that constitutes a
substantial limitation to the individual's ability to function in society.
(42) "Juvenile offender" means:
(a) a serious youth offender; or
(b) a youth offender.
(43) "Juvenile probation officer" means a probation officer appointed under Section
78A-6-205
.
(44) "Juvenile receiving center" means a nonsecure, nonresidential program established
by the Division of Juvenile Justice Services, or under contract with the Division of Juvenile
Justice Services, that is responsible for minors taken into temporary custody under Section
80-6-201
.
(45) "Legal custody" means a relationship embodying:
(a) the right to physical custody of the minor;
(b) the right and duty to protect, train, and discipline the minor;
(c) the duty to provide the minor with food, clothing, shelter, education, and ordinary
medical care;
(d) the right to determine where and with whom the minor shall live; and
(e) the right, in an emergency, to authorize surgery or other extraordinary care.
(46) "Mental illness" means:
(a) a psychiatric disorder that substantially impairs an individual's mental, emotional,
behavioral, or related functioning; or
(b) the same as that term is defined in:
(i) the current edition of the Diagnostic and Statistical Manual of Mental Disorders
published by the American Psychiatric Association; or
(ii) the current edition of the International Statistical Classification of Diseases and
Related Health Problems.
(47) "Minor" means, except as provided in Sections 
80-6-501
, 
80-6-901
, and 
80-7-102
:
(a) a child; or
(b) an individual:
(i) (A) who is at least 18 years old and younger than 21 years old; and
(B) for whom the Division of Child and Family Services has been specifically ordered
by the juvenile court to provide services because the individual was an abused, neglected, or
dependent child or because the individual was adjudicated for an offense; or
(ii) (A) who is at least 18 years old and younger than 25 years old; and
(B) whose case is under the continuing jurisdiction of the juvenile court under Chapter
6, Juvenile Justice.
(48) "Mobile crisis outreach team" means the same as that term is defined in Section
62A-15-102
.
(49) "Molestation" means that an individual, with the intent to arouse or gratify the
sexual desire of any individual, touches the anus, buttocks, pubic area, or genitalia of any child,
or the breast of a female child, or takes indecent liberties with a child as defined in Section
76-5-416
.
(50) (a) "Natural parent" means a minor's biological or adoptive parent.
(b) "Natural parent" includes the minor's noncustodial parent.
(51) (a) "Neglect" means action or inaction causing:
(i) abandonment of a child, except as provided in Title 62A, Chapter 4a, Part 8, Safe
Relinquishment of a Newborn Child;
(ii) lack of proper parental care of a child by reason of the fault or habits of the parent,
guardian, or custodian;
(iii) failure or refusal of a parent, guardian, or custodian to provide proper or necessary
subsistence or medical care, or any other care necessary for the child's health, safety, morals, or
well-being;
(iv) a child to be at risk of being neglected or abused because another child in the same
home is neglected or abused;
(v) abandonment of a child through an unregulated custody transfer; or
(vi) educational neglect.
(b) "Neglect" does not include:
(i) a parent or guardian legitimately practicing religious beliefs and who, for that
reason, does not provide specified medical treatment for a child;
(ii) a health care decision made for a child by the child's parent or guardian, unless the
state or other party to a proceeding shows, by clear and convincing evidence, that the health
care decision is not reasonable and informed;
(iii) a parent or guardian exercising the right described in Section 
80-3-304
; or
(iv) permitting a child, whose basic needs are met and who is of sufficient age and
maturity to avoid harm or unreasonable risk of harm, to engage in independent activities,
including:
(A) traveling to and from school, including by walking, running, or bicycling;
(B) traveling to and from nearby commercial or recreational facilities;
(C) engaging in outdoor play;
(D) remaining in a vehicle unattended, except under the conditions described in
Subsection 
76-10-2202
(2);
(E) remaining at home unattended; or
(F) engaging in a similar independent activity.
(52) "Neglected child" means a child who has been subjected to neglect.
(53) "Nonjudicial adjustment" means closure of the case by the assigned juvenile
probation officer, without an adjudication of the minor's case under Section 
80-6-701
, upon the
consent in writing of:
(a) the assigned juvenile probation officer; and
(b) (i) the minor; or
(ii) the minor and the minor's parent, legal guardian, or custodian.
(54) "Not competent to proceed" means that a minor, due to a mental illness,
intellectual disability or related condition, or developmental immaturity, lacks the ability to:
(a) understand the nature of the proceedings against the minor or of the potential
disposition for the offense charged; or
(b) consult with counsel and participate in the proceedings against the minor with a
reasonable degree of rational understanding.
(55) "Parole" means a conditional release of a juvenile offender from residency in
secure care to live outside of secure care under the supervision of the Division of Juvenile
Justice Services, or another person designated by the Division of Juvenile Justice Services.
(56) "Physical abuse" means abuse that results in physical injury or damage to a child.
(57) (a) "Probation" means a legal status created by court order, following an
adjudication under Section 
80-6-701
, whereby the minor is permitted to remain in the minor's
home under prescribed conditions.
(b) "Probation" includes intake probation or formal probation.
(58) "Prosecuting attorney" means:
(a) the attorney general and any assistant attorney general;
(b) any district attorney or deputy district attorney;
(c) any county attorney or assistant county attorney; and
(d) any other attorney authorized to commence an action on behalf of the state.
(59) "Protective custody" means the shelter of a child by the Division of Child and
Family Services from the time the child is removed from the home until the earlier of:
(a) the day on which the shelter hearing is held under Section 
80-3-301
; or
(b) the day on which the child is returned home.
(60) "Protective supervision" means a legal status created by court order, following an
adjudication on the ground of abuse, neglect, or dependency, whereby:
(a) the minor is permitted to remain in the minor's home; and
(b) supervision and assistance to correct the abuse, neglect, or dependency is provided
by an agency designated by the juvenile court.
(61) (a) "Related condition" means a condition that:
(i) is found to be closely related to intellectual disability;
(ii) results in impairment of general intellectual functioning or adaptive behavior
similar to that of an intellectually disabled individual;
(iii) is likely to continue indefinitely; and
(iv) constitutes a substantial limitation to the individual's ability to function in society.
(b) "Related condition" does not include mental illness, psychiatric impairment, or
serious emotional or behavioral disturbance.
(62) (a) "Residual parental rights and duties" means the rights and duties remaining
with a parent after legal custody or guardianship, or both, have been vested in another person or
agency, including:
(i) the responsibility for support;
(ii) the right to consent to adoption;
(iii) the right to determine the child's religious affiliation; and
(iv) the right to reasonable parent-time unless restricted by the court.
(b) If no guardian has been appointed, "residual parental rights and duties" includes the
right to consent to:
(i) marriage;
(ii) enlistment; and
(iii) major medical, surgical, or psychiatric treatment.
(63) "Runaway" means a child, other than an emancipated child, who willfully leaves
the home of the child's parent or guardian, or the lawfully prescribed residence of the child,
without permission.
(64) "Secure care" means placement of a minor, who is committed to the Division of
Juvenile Justice Services for rehabilitation, in a facility operated by, or under contract with, the
Division of Juvenile Justice Services, that provides 24-hour supervision and confinement of the
minor.
(65) "Secure care facility" means a facility, established in accordance with Section
80-5-503
, for juvenile offenders in secure care.
(66) "Secure detention" means temporary care of a minor who requires secure custody
in a physically restricting facility operated by, or under contract with, the Division of Juvenile
Justice Services:
(a) before disposition of an offense that is alleged to have been committed by the
minor; or
(b) under Section 
80-6-704
.
(67) "Serious youth offender" means an individual who:
(a) is at least 14 years old, but under 25 years old;
(b) committed a felony listed in Subsection 
80-6-503
(1) and the continuing jurisdiction
of the juvenile court was extended over the individual's case until the individual was 25 years
old in accordance with Section 
80-6-605
; and
(c) is committed by the juvenile court to the Division of Juvenile Justice Services for
secure care under Sections 
80-6-703
 and 
80-6-705
.
(68) "Severe abuse" means abuse that causes or threatens to cause serious harm to a
child.
(69) "Severe neglect" means neglect that causes or threatens to cause serious harm to a
child.
(70) "Sexual abuse" means:
(a) an act or attempted act of sexual intercourse, sodomy, incest, or molestation by an
adult directed towards a child;
(b) an act or attempted act of sexual intercourse, sodomy, incest, or molestation
committed by a child towards another child if:
(i) there is an indication of force or coercion;
(ii) the children are related, as described in Subsection (34), including siblings by
marriage while the marriage exists or by adoption;
(iii) there have been repeated incidents of sexual contact between the two children,
unless the children are 14 years old or older; or
(iv) there is a disparity in chronological age of four or more years between the two
children;
(c) engaging in any conduct with a child that would constitute an offense under any of
the following, regardless of whether the individual who engages in the conduct is actually
charged with, or convicted of, the offense:
(i) Title 76, Chapter 5, Part 4, Sexual Offenses, except for Section 
76-5-401
, if the
alleged perpetrator of an offense described in Section 
76-5-401
 is a minor;
(ii) child bigamy, Section 
76-7-101.5
;
(iii) incest, Section 
76-7-102
;
(iv) lewdness, Section 
76-9-702
;
(v) sexual battery, Section 
76-9-702.1
;
(vi) lewdness involving a child, Section 
76-9-702.5
; or
(vii) voyeurism, Section 
76-9-702.7
; or
(d) subjecting a child to participate in or threatening to subject a child to participate in
a sexual relationship, regardless of whether that sexual relationship is part of a legal or cultural
marriage.
(71) "Sexual exploitation" means knowingly:
(a) employing, using, persuading, inducing, enticing, or coercing any child to:
(i) pose in the nude for the purpose of sexual arousal of any individual; or
(ii) engage in any sexual or simulated sexual conduct for the purpose of photographing,
filming, recording, or displaying in any way the sexual or simulated sexual conduct;
(b) displaying, distributing, possessing for the purpose of distribution, or selling
material depicting a child:
(i) in the nude, for the purpose of sexual arousal of any individual; or
(ii) engaging in sexual or simulated sexual conduct; or
(c) engaging in any conduct that would constitute an offense under Section 
76-5b-201
,
sexual exploitation of a minor, regardless of whether the individual who engages in the conduct
is actually charged with, or convicted of, the offense.
(72) "Shelter" means the temporary care of a child in a physically unrestricted facility
pending a disposition or transfer to another jurisdiction.
(73) "Shelter facility" means the same as that term is defined in Section 
62A-4a-101
.
(74) "Single criminal episode" means the same as that term is defined in Section
76-1-401
.
(75) "Status offense" means an offense that would not be an offense but for the age of
the offender.
(76) "Substance abuse" means the misuse or excessive use of alcohol or other drugs or
substances.
(77) "Substantiated" means the same as that term is defined in Section 
62A-4a-101
.
(78) "Supported" means the same as that term is defined in Section 
62A-4a-101
.
(79) "Termination of parental rights" means the permanent elimination of all parental
rights and duties, including residual parental rights and duties, by court order.
(80) "Therapist" means:
(a) an individual employed by a state division or agency for the purpose of conducting
psychological treatment and counseling of a minor in the division's or agency's custody; or
(b) any other individual licensed or approved by the state for the purpose of conducting
psychological treatment and counseling.
(81) "Threatened harm" means actions, inactions, or credible verbal threats, indicating
that the child is at an unreasonable risk of harm or neglect.
(82) "Ungovernable" means a child in conflict with a parent or guardian, and the
conflict:
(a) results in behavior that is beyond the control or ability of the child, or the parent or
guardian, to manage effectively;
(b) poses a threat to the safety or well-being of the child, the child's family, or others;
or
(c) results in the situations described in Subsections (82)(a) and (b).
(83) "Unregulated custody transfer" means the placement of a child:
(a) with an individual who is not the child's parent, step-parent, grandparent, adult
sibling, adult uncle or aunt, or legal guardian, or a friend of the family who is an adult and with
whom the child is familiar, or a member of the child's federally recognized tribe;
(b) with the intent of severing the child's existing parent-child or guardian-child
relationship; and
(c) without taking:
(i) reasonable steps to ensure the safety of the child and permanency of the placement;
and
(ii) the necessary steps to transfer the legal rights and responsibilities of parenthood or
guardianship to the individual taking custody of the child.
(84) "Unsupported" means the same as that term is defined in Section 
62A-4a-101
.
(85) "Unsubstantiated" means the same as that term is defined in Section 
62A-4a-101
.
(86) "Validated risk and needs assessment" means an evidence-based tool that assesses
a minor's risk of reoffending and a minor's criminogenic needs.
(87) "Without merit" means the same as that term is defined in Section 
62A-4a-101
.
(88) "Youth offender" means an individual who is:
(a) at least 12 years old, but under 21 years old; and
(b) committed by the juvenile court to the Division of Juvenile Justice Services for
secure care under Sections 
80-6-703
 and 
80-6-705
.
Section 107. Section 
80-3-404
 is amended to read:
80-3-404.
Finding of severe child abuse or neglect -- Petition for removal from
Licensing Information System -- Court records.
(1) Upon the filing with the juvenile court of an abuse, neglect, or dependency petition
that informs the juvenile court that the division has made a supported finding that an individual
committed a severe type of child abuse or neglect as defined in Section 
62A-4a-1002
, the
juvenile court shall:
(a) make a finding of substantiated, unsubstantiated, or without merit;
(b) include the finding described in Subsection (1)(a) in a written order; and
(c) deliver a certified copy of the order described in Subsection (1)(b) to the division.
(2) The juvenile court shall make the finding described in Subsection (1):
(a) as part of the adjudication hearing;
(b) at the conclusion of the adjudication hearing; or
(c) as part of a court order entered pursuant to a written stipulation of the parties.
(3) (a) An individual described in Subsection 
62A-4a-1010
(1) may at any time file with
the juvenile court a petition for removal of the individual's name from the Licensing
Information System.
(b) At the conclusion of the hearing on the petition described in Subsection (3), the
juvenile court shall:
(i) make a finding of substantiated, unsubstantiated, or without merit;
(ii) include the finding described in Subsection (1)(a) in a written order; and
(iii) deliver a certified copy of the order described in Subsection (1)(b) to the division.
(4) A proceeding for adjudication of a supported finding under this section of a type of
abuse or neglect that does not constitute a severe type of child abuse or neglect may be joined
in the juvenile court with an adjudication of a severe type of child abuse or neglect.
(5) If an individual whose name appears on the Licensing Information System before
May 6, 2002, files a petition under Subsection (3) during the time that an alleged perpetrator's
application for clearance to work with children or vulnerable adults is pending, the juvenile
court shall hear the matter and enter a final decision no later than 60 days after the day on
which the petition is filed.
(6) For the purposes of licensing under Sections 
26-39-402
, [
62A-1-118
] 
26B-1-211
,
and 
62A-2-120
, and for the purposes described in Sections 
26-8a-310
 and 
62A-2-121
 and Title
26, Chapter 21, Part 2, Clearance for Direct Patient Access:
(a) the juvenile court shall make available records of the juvenile court's findings under
Subsections (1) and (2):
(i) for those purposes; and
(ii) only to a person with statutory authority to access the Licensing Information
System created under Section 
62A-4a-1006
; and
(b) any appellate court shall make available court records of appeals from juvenile
court decisions under Subsections (1), (2), (3), and (4):
(i) for those purposes; and
(ii) only to a person with statutory authority to also access the Licensing Information
System.
Section 108. Section 
80-5-102
 is amended to read:
80-5-102.
Definitions.
As used in this chapter:
(1) "Account" means the Juvenile Justice Reinvestment Restricted Account created in
Section 
80-5-302
.
(2) (a) "Adult" means an individual who is 18 years old or older.
(b) "Adult" does not include a juvenile offender.
(3) "Aftercare services" means the same as the term "aftercare" is defined in 45 C.F.R.
1351.1.
(4) "Authority" means the Youth Parole Authority created in Section 
80-5-701
.
(5) "Control" means the authority to detain, restrict, and supervise a juvenile offender
in a manner consistent with public safety and the well-being of the juvenile offender and
division employees.
(6) "Director" means the director of the Division of Juvenile Justice Services.
(7) "Discharge" means the same as that term is defined in Section 
80-6-102
.
(8) "Division" means the Division of Juvenile Justice Services created in Section
80-5-103
.
(9) "Homeless youth" means a child, other than an emancipated minor:
(a) who is a runaway; or
(b) who is:
(i) not accompanied by the child's parent or guardian; and
(ii) without care, as defined in Section 
80-5-602
.
(10) "Observation and assessment program" means a nonresidential service program
operated or purchased by the division that is responsible only for diagnostic assessment of
minors, including for substance use disorder, mental health, psychological, and sexual behavior
risk assessments.
(11) "Performance based contracting" means a system of contracting with service
providers for the provision of residential or nonresidential services that:
(a) provides incentives for the implementation of evidence-based juvenile justice
programs or programs rated as effective for reducing recidivism by a standardized tool in
accordance with Section 
63M-7-208
; and
(b) provides a premium rate allocation for a minor who receives the evidence-based
dosage of treatment and successfully completes the program within three months.
(12) "Rescission" means the same as that term is defined in Section 
80-6-102
.
(13) "Restitution" means the same as that term is defined in Section 
80-6-102
.
(14) "Revocation" means the same as that term is defined in Section 
80-6-102
.
(15) "Temporary custody" means the same as that term is defined in Section 
80-6-102
.
(16) "Temporary homeless youth shelter" means a facility that:
(a) provides temporary shelter to homeless youth; and
(b) is licensed by the [
Office of Licensing, created under Section 
62A-1-105
,
]
Department of Health and Human Services, created in Section 
26B-1-201
,
 as a residential
support program.
(17) "Termination" means the same as that term is defined in Section 
80-6-102
.
(18) "Victim" means the same as that term is defined in Section 
80-6-102
.
(19) "Work program" means a nonresidential public or private service work project
established and administered by the division for juvenile offenders for the purpose of
rehabilitation, education, and restitution to victims.
(20) (a) "Youth services" means services provided in an effort to resolve family
conflict:
(i) for families in crisis when a minor is ungovernable or a runaway; or
(ii) involving a minor and the minor's parent or guardian.
(b) "Youth services" include efforts to:
(i) resolve family conflict;
(ii) maintain or reunite minors with the minors' families; and
(iii) divert minors from entering or escalating in the juvenile justice system.
(c) "Youth services" may provide:
(i) crisis intervention;
(ii) short-term shelter;
(iii) time-out placement; and
(iv) family counseling.
(21) "Youth services center" means a center established by, or under contract with, the
division to provide youth services.
Section 109. 
Repealer.
This bill repeals:
Section 
26-1-1
,
Title cited as "Utah Health Code."
Section 
26-1-3
,
Purpose of title -- Consolidation of health functions into single state
agency.
Section 
26-1-4.1
,
Department procedures -- Adjudicative proceedings.
Section 
26-1-7
,
Committees within department.
Section 
26-1-7.1
,
Committee procedures -- Adjudicative proceedings.
Section 
26-1-8
,
Executive director -- Appointment -- Compensation.
Section 
26-1-9
,
Executive director -- Qualifications.
Section 
26-1-13
,
Executive director -- Power to organize department.
Section 
26-1-14
,
Executive director -- Appointment, removal, and compensation of
division directors.
Section 
26-1-15
,
Executive director -- Power to accept federal aid.
Section 
26-1-17
,
Executive director -- Power to prescribe rules for administration
and government of department.
Section 
26-1-18
,
Authority of department generally.
Section 
26-1-20
,
Advisory committees created by department.
Section 
26-1-21
,
Disposal of property by department.
Section 
26-1-22
,
Budget preparation and submission to governor.
Section 
26-1-23
,
Regulations for local health departments prescribed by
department -- Local standards not more stringent than federal or state standards --
Exceptions for written findings.
Section 
26-1-24
,
Hearings conducted by department.
Section 
26-1-25
,
Principal and branch offices of department.
Section 
26-1-30
,
Powers and duties of department.
Section 
26B-1-101
,
Title.
Section 
62A-1-101
,
Short title.
Section 
62A-1-102
,
Department of Human Services -- Creation.
Section 
62A-1-106
,
Adjudicative proceedings.
Section 
62A-1-110
,
Executive director -- Jurisdiction over division and office
directors -- Authority.
Section 
62A-1-114
,
Department is state agency for specified federal programs --
Development of state plans and programs.
Section 
62A-1-118
,
Access to abuse and neglect information to screen employees
and volunteers.
Section 
62A-5-304
,
Limited admission of persons convicted of felony offenses.
Section 110. 
Effective date.
This bill takes effect on July 1, 2022.
Section 111. 
Revisor instructions.
The Legislature intends that the Office of Legislative Research and General Counsel, in
preparing the Utah Code database for publication, on July 1, 2022:
(1) replace "Department of Health" or "Department of Human Services" with
"Department of Health and Human Services" in any new language added to the Utah Code by
legislation passed during the 2022 General Session, except for the references to "Department of
Health" and "Department of Human Services" in:
(a) Section 
26B-1-103
;
(b) Section 
26B-1-201
; and
(c) Section 
26B-1-201.1
; and
(2) replace "Division of Substance Abuse and Mental Health" with "Division of
Integrated Healthcare."