Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 207 First Substitute (2023GS)

Sponsor

Sen. Anderegg, J.

Final action

Governor Signed 3/15/2023

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• makes technical updates in Titles 31A through 58 to cross references to the Utah Health and Human Services Code that are renumbered and amended in:
• S.B. 38, Health and Human Services Recodification - Administration, Licensing, and Recovery Services;
• S.B. 39, Health and Human Services Recodification - Health Care Assistance and Data;
• S.B. 40, Health and Human Services Recodification - Health Care Delivery and Repeals; and
• S.B. 41, Health and Human Services Recodification - Prevention, Supports, Substance Use and Mental Health; and
• makes technical and corresponding changes.

Every vote on this bill

Bill text

HEALTH AND HUMAN SERVICES RECODIFICATION -
CROSS REFERENCES, TITLES 31A-58
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Jacob L. Anderegg
House Sponsor: 
Raymond P. Ward
LONG TITLE
General Description:
This bill updates cross references to the Utah Health and Human Services Code in
Titles 31A through 58.
Highlighted Provisions:
This bill:
▸ makes technical updates in Titles 31A through 58 to cross references to the Utah
Health and Human Services Code that are renumbered and amended in:
• S.B. 38, Health and Human Services Recodification - Administration,
Licensing, and Recovery Services;
• S.B. 39, Health and Human Services Recodification - Health Care Assistance
and Data;
• S.B. 40, Health and Human Services Recodification - Health Care Delivery and
Repeals; and
• S.B. 41, Health and Human Services Recodification - Prevention, Supports,
Substance Use and Mental Health; and
▸ makes technical and corresponding changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides a coordination clause.
This bill provides revisor instructions.
Utah Code Sections Affected:
AMENDS:
31A-22-614.5
, as last amended by Laws of Utah 2017, Chapter 168
31A-22-625
, as last amended by Laws of Utah 2014, Chapters 290, 300
31A-22-633
, as last amended by Laws of Utah 2013, Chapter 167
31A-22-636
, as last amended by Laws of Utah 2022, Chapter 198
31A-22-645
, as enacted by Laws of Utah 2017, Chapter 168
31A-22-649
, as enacted by Laws of Utah 2018, Chapter 119
31A-22-649.5
, as last amended by Laws of Utah 2021, Chapters 19, 404 and last
amended by Coordination Clause, Laws of Utah 2021, Chapter 404
31A-22-651
, as enacted by Laws of Utah 2019, Chapter 256
31A-22-1016
, as enacted by Laws of Utah 2019, Chapter 341
31A-22-1602
, as last amended by Laws of Utah 2009, Chapter 349
31A-23a-402
, as last amended by Laws of Utah 2019, Chapter 193
31A-23b-102
, as last amended by Laws of Utah 2018, Chapter 319
31A-23b-211
, as last amended by Laws of Utah 2014, Chapter 425
31A-26-301.6
, as last amended by Laws of Utah 2020, Chapter 32
31A-45-402
, as enacted by Laws of Utah 2017, Chapter 292
31A-45-501
, as last amended by Laws of Utah 2021, Chapter 252
32B-1-102
, as last amended by Laws of Utah 2022, Chapter 447
32B-1-703
, as renumbered and amended by Laws of Utah 2019, Chapter 403
32B-2-208
, as enacted by Laws of Utah 2010, Chapter 276
32B-10-702
, as enacted by Laws of Utah 2010, Chapter 276
34-55-102
, as enacted by Laws of Utah 2019, Chapter 126
34A-2-102
, as last amended by Laws of Utah 2019, Chapter 121
34A-2-111
, as last amended by Laws of Utah 2015, Chapter 258
34A-2-417
, as last amended by Laws of Utah 2018, Chapter 443
34A-2-418
, as last amended by Laws of Utah 2018, Third Special Session, Chapter 1
34A-2-422
, as last amended by Laws of Utah 2018, Chapter 443
34A-3-201
, as renumbered and amended by Laws of Utah 2020, Fifth Special Session,
Chapter 5
34A-11-102
, as enacted by Laws of Utah 2002, Chapter 120
35A-1-102
, as last amended by Laws of Utah 2018, Chapters 415, 427
35A-3-103
, as last amended by Laws of Utah 2022, Chapter 255
35A-3-207
, as last amended by Laws of Utah 2015, Chapter 221
35A-3-212
, as enacted by Laws of Utah 2022, Chapter 21
35A-3-308
, as last amended by Laws of Utah 2015, Chapter 221
35A-3-401
, as last amended by Laws of Utah 2015, Chapters 72, 189 and 221
35A-3-603
, as last amended by Laws of Utah 2020, Chapter 29
35A-9-202
, as enacted by Laws of Utah 2022, Chapter 36
35A-15-102
, as last amended by Laws of Utah 2022, Chapters 316, 348
39-1-64
, as enacted by Laws of Utah 2004, Chapter 82
41-1a-230.5
, as last amended by Laws of Utah 2021, Chapter 378
41-1a-230.7
, as enacted by Laws of Utah 2021, Chapter 395
41-1a-422
, as last amended by Laws of Utah 2022, Chapters 19, 48, 68, 255, 259, 335,
451, and 456
41-6a-404
, as last amended by Laws of Utah 2021, Chapters 211, 216
41-6a-501
, as last amended by Laws of Utah 2022, Chapter 116
41-6a-502.5
, as last amended by Laws of Utah 2022, Chapters 134, 415
41-6a-505
, as last amended by Laws of Utah 2022, Chapters 116, 134 and 137
41-6a-517
, as last amended by Laws of Utah 2022, Chapter 116
41-6a-523
, as last amended by Laws of Utah 2019, Chapter 349
41-6a-1717
, as enacted by Laws of Utah 2013, Chapter 251
41-22-8
, as last amended by Laws of Utah 2022, Chapter 68
49-11-1401
, as last amended by Laws of Utah 2021, Chapter 193
49-12-202
, as last amended by Laws of Utah 2021, Chapter 193
49-13-202
, as last amended by Laws of Utah 2021, Chapter 193
49-20-201
, as last amended by Laws of Utah 2022, Chapter 347
49-20-401
, as last amended by Laws of Utah 2022, Chapter 302
49-20-414
, as last amended by Laws of Utah 2019, Chapter 249
49-20-421
, as last amended by Laws of Utah 2021, Chapter 255
51-2a-102
, as last amended by Laws of Utah 2017, Chapter 441
51-7-2
, as last amended by Laws of Utah 2022, Chapters 186, 298
51-9-201
, as last amended by Laws of Utah 2020, Fifth Special Session, Chapter 20
51-9-203
, as last amended by Laws of Utah 2020, Chapters 302, 347
52-4-205
, as last amended by Laws of Utah 2022, Chapters 237, 290, 332, 335, 422,
and 478
53-1-106
, as last amended by Laws of Utah 2021, Chapters 344, 360
53-2a-218
, as enacted by Laws of Utah 2021, Chapter 437
53-2c-102
, as enacted by Laws of Utah 2020, Third Special Session, Chapter 1
53-3-102
, as last amended by Laws of Utah 2022, Chapter 162
53-3-105
, as last amended by Laws of Utah 2022, Chapters 146, 259
53-3-106
, as last amended by Laws of Utah 2022, Chapters 92, 255
53-3-205
, as last amended by Laws of Utah 2022, Chapter 46
53-3-207
, as last amended by Laws of Utah 2022, Chapter 158
53-3-214.7
, as last amended by Laws of Utah 2021, Chapter 378
53-3-214.8
, as last amended by Laws of Utah 2003, Chapter 30
53-3-804
, as last amended by Laws of Utah 2021, Chapter 191
53-3-805
, as last amended by Laws of Utah 2022, Chapter 158
53-5-707
, as last amended by Laws of Utah 2021, Chapters 12, 277
53-10-102
, as last amended by Laws of Utah 2022, Chapters 192, 447
53-10-104
, as last amended by Laws of Utah 2018, Chapter 169
53-10-108
, as last amended by Laws of Utah 2022, Chapters 192, 255
53-10-202
, as last amended by Laws of Utah 2021, Chapter 103
53-10-208.1
, as last amended by Laws of Utah 2021, Chapter 159
53-10-403
, as last amended by Laws of Utah 2022, Chapters 116, 430
53-10-405
, as last amended by Laws of Utah 2019, Chapter 349
53-10-802
, as renumbered and amended by Laws of Utah 2022, Chapter 430
53-10-804
, as renumbered and amended by Laws of Utah 2022, Chapter 430
53-13-105
, as last amended by Laws of Utah 2022, Chapter 10
53-13-110
, as last amended by Laws of Utah 2022, Chapter 335
53-21-101
, as enacted by Laws of Utah 2022, Chapter 114
53B-1-111
, as enacted by Laws of Utah 2016, Chapter 45
53B-17-301
, as last amended by Laws of Utah 2015, Chapter 72
53B-17-903
, as enacted by Laws of Utah 2022, Chapter 452
53B-17-1203
, as last amended by Laws of Utah 2020, Chapter 365
53B-26-202
, as last amended by Laws of Utah 2022, Chapter 224
53B-28-202
, as last amended by Laws of Utah 2022, Chapter 335
53B-28-303
, as last amended by Laws of Utah 2022, Chapter 335
53E-1-201
, as last amended by Laws of Utah 2022, Chapters 147, 229, 274, 285, 291,
354, and 461
53E-3-503
, as last amended by Laws of Utah 2020, Chapters 330, 408
53E-8-405
, as renumbered and amended by Laws of Utah 2018, Chapter 1
53E-8-408
, as last amended by Laws of Utah 2019, Chapter 186
53E-9-301
, as last amended by Laws of Utah 2020, Chapter 408
53E-9-307
, as last amended by Laws of Utah 2020, Chapter 408
53E-9-308
, as last amended by Laws of Utah 2022, Chapter 335
53F-2-415
, as last amended by Laws of Utah 2022, Chapter 409
53F-2-522
, as enacted by Laws of Utah 2020, Chapter 202
53F-4-401
, as last amended by Laws of Utah 2022, Chapter 316
53F-5-207
, as last amended by Laws of Utah 2022, Chapter 36
53G-6-302
, as last amended by Laws of Utah 2022, Chapter 335
53G-6-601
, as renumbered and amended by Laws of Utah 2018, Chapter 3
53G-8-802
, as last amended by Laws of Utah 2022, Chapter 399
53G-9-211
, as enacted by Laws of Utah 2021, Chapter 309
53G-9-301
, as last amended by Laws of Utah 2022, Chapter 255
53G-9-303
, as last amended by Laws of Utah 2021, Chapter 258
53G-9-304
, as renumbered and amended by Laws of Utah 2018, Chapter 3
53G-9-402
, as last amended by Laws of Utah 2019, Chapter 293
53G-9-404
, as repealed and reenacted by Laws of Utah 2019, Chapter 87
53G-9-502
, as last amended by Laws of Utah 2019, Chapter 293
53G-9-702
, as last amended by Laws of Utah 2021, Chapter 105
58-1-112
, as enacted by Laws of Utah 2022, Chapter 224
58-1-307
, as last amended by Laws of Utah 2020, Chapter 339
58-1-312
, as enacted by Laws of Utah 2020, Chapter 93
58-1-405
, as enacted by Laws of Utah 2008, Chapter 242
58-1-501.5
, as last amended by Laws of Utah 2008, Chapter 250
58-1-501.7
, as last amended by Laws of Utah 2020, Chapter 354
58-1-509
, as enacted by Laws of Utah 2019, Chapter 346
58-4a-102
, as enacted by Laws of Utah 2020, Chapter 107
58-5a-102
, as last amended by Laws of Utah 2022, Chapter 290
58-5a-103
, as last amended by Laws of Utah 2018, Chapter 247
58-9-610
, as last amended by Laws of Utah 2009, Chapters 68, 223
58-9-616
, as enacted by Laws of Utah 2018, Chapter 326
58-11a-501
, as last amended by Laws of Utah 2016, Chapters 238, 274
58-13-2
, as last amended by Laws of Utah 2022, Chapter 241
58-13-2.6
, as last amended by Laws of Utah 2008, Chapter 76
58-13-3
, as last amended by Laws of Utah 2022, Chapter 241
58-13-5
, as last amended by Laws of Utah 2013, Chapter 278
58-15-303
, as renumbered and amended by Laws of Utah 2022, Chapter 415
58-17b-102
, as last amended by Laws of Utah 2021, Chapters 127, 340
58-17b-302
, as last amended by Laws of Utah 2022, Chapter 353
58-17b-309
, as last amended by Laws of Utah 2022, Chapter 353
58-17b-309.7
, as last amended by Laws of Utah 2021, Chapter 340
58-17b-501
, as last amended by Laws of Utah 2018, Chapter 295
58-17b-502
, as last amended by Laws of Utah 2022, Chapter 465
58-17b-503
, as last amended by Laws of Utah 2022, Chapter 465
58-17b-507
, as last amended by Laws of Utah 2016, Chapters 202, 207 and 208 and
last amended by Coordination Clause, Laws of Utah 2016, Chapter 202
58-17b-602
, as last amended by Laws of Utah 2017, Chapter 384
58-17b-606
, as last amended by Laws of Utah 2010, Chapter 101
58-17b-620
, as last amended by Laws of Utah 2022, Chapters 255, 465
Utah Code Sections Affected by Coordination Clause:
58-17b-302
, as last amended by Laws of Utah 2022, Chapter 353
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
31A-22-614.5
 is amended to read:
31A-22-614.5.
Uniform claims processing -- Electronic exchange of health
information.
(1) (a) Except as provided in Subsection (1)(c), an insurer offering health insurance
shall use a uniform claim form and uniform billing and claim codes.
(b) Beginning January 1, 2011, all health benefit plans, and dental and vision plans,
shall provide for the electronic exchange of uniform:
(i) eligibility and coverage information; and
(ii) coordination of benefits information.
(c) For purposes of Subsection (1)(a), "health insurance" does not include a policy or
certificate that provides benefits solely for:
(i) income replacement; or
(ii) long-term care.
(2) (a) The uniform electronic standards and information required in Subsection (1)
shall be adopted and approved by the commissioner in accordance with Title 63G, Chapter 3,
Utah Administrative Rulemaking Act.
(b) When adopting rules under this section the commissioner:
(i) shall:
(A) consult with national and state organizations involved with the standardized
exchange of health data, and the electronic exchange of health data, to develop the standards
for the use and electronic exchange of uniform:
(I) claim forms;
(II) billing and claim codes;
(III) insurance eligibility and coverage information; and
(IV) coordination of benefits information; and
(B) meet federal mandatory minimum standards following the adoption of national
requirements for transaction and data elements in the federal Health Insurance Portability and
Accountability Act;
(ii) may not require an insurer or administrator to use a specific software product or
vendor; and
(iii) may require an insurer who participates in the all payer database created under
Section [
26-33a-106.1
] 
26B-8-504
 to allow data regarding demographic and insurance
coverage information to be electronically shared with the state's designated secure health
information master person index to be used:
(A) in compliance with data security standards established by:
(I) the federal Health Insurance Portability and Accountability Act; and
(II) the electronic commerce agreements established in a business associate agreement;
and
(B) for the purpose of coordination of health benefit plans.
(3) (a) The commissioner shall coordinate the administrative rules adopted under the
provisions of this section with the administrative rules adopted by the Department of Health
and Human Services
 for the implementation of the standards for the electronic exchange of
clinical health information under Section [
26-1-37
] 
26B-8-411
. The department shall establish
procedures for developing the rules adopted under this section, which ensure that the
Department of Health 
and Human Services
 is given the opportunity to comment on proposed
rules.
(b) (i) The commissioner may provide information to health care providers regarding
resources available to a health care provider to verify whether a health care provider's practice
management software system meets the uniform electronic standards for data exchange
required by this section.
(ii) The commissioner may provide the information described in Subsection (3)(b)(i)
by partnering with:
(A) a not-for-profit, broad based coalition of state health care insurers and health care
providers who are involved in the electronic exchange of the data required by this section; or
(B) some other person that the commissioner determines is appropriate to provide the
information described in Subsection (3)(b)(i).
(c) The commissioner shall regulate any fees charged by insurers to the providers for:
(i) uniform claim forms;
(ii) electronic billing; or
(iii) the electronic exchange of clinical health information permitted by Section
[
26-1-37
] 
26B-8-411
.
(4) This section does not require a person to provide information concerning an
employer self-insured employee welfare benefit plan as defined in 29 U.S.C. Sec. 1002(1).
Section 2. Section 
31A-22-625
 is amended to read:
31A-22-625.
Catastrophic coverage of mental health conditions.
(1) As used in this section:
(a) (i) "Catastrophic mental health coverage" means coverage in a health benefit plan
that does not impose a lifetime limit, annual payment limit, episodic limit, inpatient or
outpatient service limit, or maximum out-of-pocket limit that places a greater financial burden
on an insured for the evaluation and treatment of a mental health condition than for the
evaluation and treatment of a physical health condition.
(ii) "Catastrophic mental health coverage" may include a restriction on cost sharing
factors, such as deductibles, copayments, or coinsurance, before reaching a maximum
out-of-pocket limit.
(iii) "Catastrophic mental health coverage" may include one maximum out-of-pocket
limit for physical health conditions and another maximum out-of-pocket limit for mental health
conditions, except that if separate out-of-pocket limits are established, the out-of-pocket limit
for mental health conditions may not exceed the out-of-pocket limit for physical health
conditions.
(b) (i) "50/50 mental health coverage" means coverage in a health benefit plan that
pays for at least 50% of covered services for the diagnosis and treatment of mental health
conditions.
(ii) "50/50 mental health coverage" may include a restriction on:
(A) episodic limits;
(B) inpatient or outpatient service limits; or
(C) maximum out-of-pocket limits.
(c) "Large employer" is as defined in 42 U.S.C. Sec. 300gg-91.
(d) (i) "Mental health condition" means a condition or disorder involving mental illness
that falls under a diagnostic category listed in the Diagnostic and Statistical Manual, as
periodically revised.
(ii) "Mental health condition" does not include the following when diagnosed as the
primary or substantial reason or need for treatment:
(A) a marital or family problem;
(B) a social, occupational, religious, or other social maladjustment;
(C) a conduct disorder;
(D) a chronic adjustment disorder;
(E) a psychosexual disorder;
(F) a chronic organic brain syndrome;
(G) a personality disorder;
(H) a specific developmental disorder or learning disability; or
(I) an intellectual disability.
(e) "Small employer" is as defined in 42 U.S.C. Sec. 300gg-91.
(2) (a) At the time of purchase and renewal, an insurer shall offer to a small employer
that it insures or seeks to insure a choice between:
(i) (A) catastrophic mental health coverage; or
(B) federally qualified mental health coverage as described in Subsection (3); and
(ii) 50/50 mental health coverage.
(b) In addition to complying with Subsection (2)(a), an insurer may offer to provide:
(i) catastrophic mental health coverage, 50/50 mental health coverage, or both at levels
that exceed the minimum requirements of this section; or
(ii) coverage that excludes benefits for mental health conditions.
(c) A small employer may, at its option, regardless of the employer's previous coverage
for mental health conditions, choose either:
(i) coverage offered under Subsection (2)(a)(i);
(ii) 50/50 mental health coverage; or
(iii) coverage offered under Subsection (2)(b).
(d) An insurer is exempt from the 30% index rating restriction in Section
31A-30-106.1
 and, for the first year only that the employer chooses coverage that meets or
exceeds catastrophic mental health coverage, the 15% annual adjustment restriction in Section
31A-30-106.1
, for a small employer with 20 or less enrolled employees who chooses coverage
that meets or exceeds catastrophic mental health coverage.
(3) (a) An insurer shall offer a large employer mental health and substance use disorder
benefit in compliance with Section 2705 of the Public Health Service Act, 42 U.S.C. Sec.
300gg-26, and federal regulations adopted pursuant to that act.
(b) An insurer shall provide in an individual or small employer health benefit plan,
mental health and substance use disorder benefits in compliance with Sections 2705 and 2711
of the Public Health Service Act, 42 U.S.C. Sec. 300gg-26, and federal regulations adopted
pursuant to that act.
(4) (a) An insurer may provide catastrophic mental health coverage to a small employer
through a managed care organization or system in a manner consistent with Chapter 8, Health
Maintenance Organizations and Limited Health Plans, regardless of whether the insurance
policy uses a managed care organization or system for the treatment of physical health
conditions.
(b) (i) Notwithstanding any other provision of this title, an insurer may:
(A) establish a closed panel of providers for catastrophic mental health coverage; and
(B) refuse to provide a benefit to be paid for services rendered by a nonpanel provider
unless:
(I) the insured is referred to a nonpanel provider with the prior authorization of the
insurer; and
(II) the nonpanel provider agrees to follow the insurer's protocols and treatment
guidelines.
(ii) If an insured receives services from a nonpanel provider in the manner permitted by
Subsection (4)(b)(i)(B), the insurer shall reimburse the insured for not less than 75% of the
average amount paid by the insurer for comparable services of panel providers under a
noncapitated arrangement who are members of the same class of health care providers.
(iii) This Subsection (4)(b) may not be construed as requiring an insurer to authorize a
referral to a nonpanel provider.
(c) To be eligible for catastrophic mental health coverage, a diagnosis or treatment of a
mental health condition shall be rendered:
(i) by a mental health therapist as defined in Section 
58-60-102
; or
(ii) in a health care facility:
(A) licensed or otherwise authorized to provide mental health services pursuant to:
(I) [
Title 26, Chapter 21, Health Care Facility Licensing and Inspection Act
] 
Title 26B,
Chapter 2, Part 2, Health Care Facility Licensing and Inspection
; or
(II) [
Title 62A, Chapter 2, Licensure of Programs and Facilities
] 
Title 26B, Chapter 2,
Part 1, Human Services Programs and Facilities
; and
(B) that provides a program for the treatment of a mental health condition pursuant to a
written plan.
(5) The commissioner may prohibit an insurance policy that provides mental health
coverage in a manner that is inconsistent with this section.
(6) The commissioner may adopt rules, in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act, as necessary to ensure compliance with this section.
Section 3. Section 
31A-22-633
 is amended to read:
31A-22-633.
Exemptions from standards.
Notwithstanding the provisions of [
Title 31A, Insurance Code
] 
this title
, any accident
and health insurer or health maintenance organization may offer a choice of coverage that is
less or different than is otherwise required by applicable state law if:
(1) the Department of Health 
and Human Services
 offers a choice of coverage as part
of a Medicaid waiver under [
Title 26, Chapter 18, Medical Assistance Act
] 
Title 26B, Chapter
3, Health Care - Administration and Assistance
, which includes:
(a) less or different coverage than the basic coverage;
(b) less or different coverage than is otherwise required in an insurance policy or health
maintenance organization contract under applicable state law; or
(c) less or different coverage than required by Subsection 
31A-22-605
(4)(b); and
(2) the choice of coverage offered by the carrier:
(a) is the same or similar coverage as the coverage offered by the Department of Health
and Human Services
 under Subsection (1);
(b) is offered to the same or similar population as the coverage offered by the
Department of Health 
and Human Services
 under Subsection (1); and
(c) contains an explanation for each insured of coverage exclusions and limitations.
Section 4. Section 
31A-22-636
 is amended to read:
31A-22-636.
Standardized health insurance information cards.
(1) As used in this section, "insurer" means:
(a) an insurer governed by this part as described in Section 
31A-22-600
;
(b) a health maintenance organization governed by Chapter 8, Health Maintenance
Organizations and Limited Health Plans;
(c) a third party administrator; and
(d) notwithstanding Subsection 
31A-1-103
(3)(f) and Section 
31A-22-600
, a health,
medical, or conversion policy offered under Title 49, Chapter 20, Public Employees' Benefit
and Insurance Program Act.
(2) In accordance with Subsection (3), an insurer shall use and issue a health benefit
plan information card for the insurer's enrollees upon the purchase or renewal of, or enrollment
in, a health benefit plan.
(3) The health benefit plan information card shall include:
(a) the covered person's name;
(b) the name of the carrier and the carrier network name;
(c) the contact information for the carrier or health benefit plan administrator;
(d) general information regarding copayments and deductibles; and
(e) an indication of whether the health benefit plan is regulated by the state.
(4) (a) The commissioner shall work with the Department of Health 
and Human
Services
, the Health Data Authority, health care providers groups, and with state and national
organizations that develop uniform standards for the electronic exchange of health insurance
claims or uniform standards for the electronic exchange of clinical health records.
(b) The commissioner may make rules in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act, to adopt standardized electronic interchange technology.
(c) After rules are adopted under Subsection (4)(a), health care providers and their
licensing boards under Title 58, Occupations and Professions, and health facilities licensed
under [
Title 26, Chapter 21, Health Care Facility Licensing and Inspection Act
] 
Title 26B,
Chapter 2, Part 2, Health Care Facility Licensing and Inspection
, shall work together to
implement the adoption of card swipe technology.
Section 5. Section 
31A-22-645
 is amended to read:
31A-22-645.
Alcohol and drug dependency treatment.
(1) An insurer offering a health benefit plan providing coverage for alcohol or drug
dependency treatment may require an inpatient facility to be licensed by:
(a) (i) the Department of 
Health and
 Human Services, under [
Title 62A, Chapter 2,
Licensure of Programs and Facilities
] 
Title 26B, Chapter 2, Part 1, Human Services Programs
and Facilities
; or
(ii) the Department of Health 
and Human Services
; or
(b) for an inpatient facility located outside the state, a state agency similar to one
described in Subsection (1)(a).
(2) For inpatient coverage provided pursuant to Subsection (1), an insurer may require
an inpatient facility to be accredited by the following:
(a) the Joint Commission; and
(b) one other nationally recognized accrediting agency.
Section 6. Section 
31A-22-649
 is amended to read:
31A-22-649.
Coverage of telepsychiatric consultations.
(1) As used in this section:
(a) "Telehealth services" means the same as that term is defined in Section [
26-60-102
]
26B-4-704
.
(b) "Telepsychiatric consultation" means a consultation between a physician and a
board certified psychiatrist, both of whom are licensed to engage in the practice of medicine in
the state, that utilizes:
(i) the health records of the patient, provided from the patient or the referring
physician;
(ii) a written, evidence-based patient questionnaire; and
(iii) telehealth services that meet industry security and privacy standards, including
compliance with the:
(A) Health Insurance Portability and Accountability Act; and
(B) Health Information Technology for Economic and Clinical Health Act, Pub. L. No.
111-5, 123 Stat. 226, 467, as amended.
(2) Beginning January 1, 2019, a health benefit plan that offers coverage for mental
health services shall:
(a) provide coverage for a telepsychiatric consultation during or after an initial visit
between the patient and a referring in-network physician;
(b) provide coverage for a telepsychiatric consultation from an out-of-network board
certified psychiatrist if a telepsychiatric consultation is not made available to a physician within
seven business days after the initial request is made by the physician to an in-network provider
of telepsychiatric consultations; and
(c) reimburse for the services described in Subsections (2)(a) and (b) at the equivalent
in-network or out-of-network rate set by the health benefit plan after taking into account
cost-sharing that may be required under the health benefit plan.
(3) A single telepsychiatric consultation includes all contacts, services, discussion, and
information review required to complete an individual request from a referring physician for a
patient.
(4) An insurer may satisfy the requirement to cover a telepsychiatric consultation
described in Subsection (2)(a) for a patient by:
(a) providing coverage for behavioral health treatment, as defined in Section
31A-22-642
, in person or using telehealth services; and
(b) ensuring that the patient receives an appointment for the behavioral health
treatment in person or using telehealth services on a date that is within seven business days
after the initial request is made by the in-network referring physician.
(5) A referring physician who uses a telepsychiatric consultation for a patient shall, at
the time that the questionnaire described in Subsection (1)(b)(ii) is completed, notify the
patient that:
(a) the referring physician plans to request a telepsychiatric consultation; and
(b) additional charges to the patient may apply.
(6) (a) An insurer may receive a temporary waiver from the department from the
requirements in this section if the insurer demonstrates to the department that the insurer is
unable to provide the benefits described in this section due to logistical reasons.
(b) An insurer that receives a waiver from the department under Subsection (6)(a) is
subject to the requirements of this section beginning July 1, 2019.
(7) This section does not limit an insurer from engaging in activities that ensure
payment integrity or facilitate review and investigation of improper practices by health care
providers.
Section 7. Section 
31A-22-649.5
 is amended to read:
31A-22-649.5.
Insurance parity for telemedicine services -- Method of technology
used.
(1) As used in this section:
(a) "Mental health condition" means a mental disorder or a substance-related disorder
that falls under a diagnostic category listed in the Diagnostic and Statistical Manual, as
periodically revised.
(b) "Telemedicine services" means the same as that term is defined in Section
[
26-60-102
] 
26B-4-704
.
(2) Notwithstanding the provisions of Section 
31A-22-618.5
, a health benefit plan
offered in the individual market, the small group market, or the large group market shall:
(a) provide coverage for:
(i) telemedicine services that are covered by Medicare; and
(ii) treatment of a mental health condition through telemedicine services if:
(A) the health benefit plan provides coverage for the treatment of the mental health
condition through in-person services; and
(B) the health benefit plan determines treatment of the mental health condition through
telemedicine services meets the appropriate standard of care; and
(b) reimburse a network provider that provides the telemedicine services described in
Subsection (2)(a) at a negotiated commercially reasonable rate.
(3) (a) Notwithstanding Section 
31A-45-303
, a health benefit plan providing coverage
under Subsection (2)(a) may not impose originating site restrictions, geographic restrictions, or
distance-based restrictions.
(b) A network provider that provides the telemedicine services described in Subsection
(2)(a) may utilize any synchronous audiovisual technology for the telemedicine services that is
compliant with the federal Health Insurance Portability and Accountability Act of 1996.
Section 8. Section 
31A-22-651
 is amended to read:
31A-22-651.
Insurance coverage for assisted outpatient treatment.
(1) As used in this section, "assisted outpatient treatment" means the same as that term
is defined in Section [
62A-15-602
] 
26B-5-301
.
(2) A health insurance provider may not deny an insured the benefits of the insured's
policy solely because the health care that the insured receives is provided under a court order
for assisted outpatient treatment, as provided in Section [
62A-15-630.5
] 
26B-5-351
.
Section 9. Section 
31A-22-1016
 is amended to read:
31A-22-1016.
Workers' compensation coverage for medical cannabis operations.
A licensed and admitted workers' compensation insurer may issue coverage to:
(1) a cannabis production establishment as defined in Section 
4-41a-102
; or
(2) a medical cannabis pharmacy as defined in Section [
26-61a-102
] 
26B-4-201
.
Section 10. Section 
31A-22-1602
 is amended to read:
31A-22-1602.
Genetic testing restrictions.
Except as provided under Section 
31A-22-620
, with respect to a matter related to
genetic testing and private genetic information, an insurer shall comply with the applicable
provisions of [
Title 26, Chapter 45
] 
Title 13, Chapter 60, Part 2
, Genetic Testing and Procedure
Privacy Act, including Section [
26-45-104
] 
13-60-205
.
Section 11. Section 
31A-23a-402
 is amended to read:
31A-23a-402.
Unfair marketing practices -- Communication -- Unfair
discrimination -- Coercion or intimidation -- Restriction on choice.
(1) (a) (i) Any of the following may not make or cause to be made any communication
that contains false or misleading information, relating to an insurance product or contract, any
insurer, or any licensee under this title, including information that is false or misleading
because it is incomplete:
(A) a person who is or should be licensed under this title;
(B) an employee or producer of a person described in Subsection (1)(a)(i)(A);
(C) a person whose primary interest is as a competitor of a person licensed under this
title; and
(D) a person on behalf of any of the persons listed in this Subsection (1)(a)(i).
(ii) As used in this Subsection (1), "false or misleading information" includes:
(A) assuring the nonobligatory payment of future dividends or refunds of unused
premiums in any specific or approximate amounts, but reporting fully and accurately past
experience is not false or misleading information; and
(B) with intent to deceive a person examining it:
(I) filing a report;
(II) making a false entry in a record; or
(III) wilfully refraining from making a proper entry in a record.
(iii) A licensee under this title may not:
(A) use any business name, slogan, emblem, or related device that is misleading or
likely to cause the insurer or other licensee to be mistaken for another insurer or other licensee
already in business; or
(B) use any name, advertisement, or other insurance promotional material that would
cause a reasonable person to mistakenly believe that a state or federal government agency and
the Children's Health Insurance Program created in [
Title 26, Chapter 40, Utah Children's
Health Insurance Act
] 
Title 26B, Chapter 3, Part 9, Utah Children's Health Insurance Program
:
(I) is responsible for the insurance sales activities of the person;
(II) stands behind the credit of the person;
(III) guarantees any returns on insurance products of or sold by the person; or
(IV) is a source of payment of any insurance obligation of or sold by the person.
(iv) A person who is not an insurer may not assume or use any name that deceptively
implies or suggests that person is an insurer.
(v) A person other than persons licensed as health maintenance organizations under
Chapter 8, Health Maintenance Organizations and Limited Health Plans, may not use the term
"Health Maintenance Organization" or "HMO" in referring to itself.
(b) A licensee's violation creates a rebuttable presumption that the violation was also
committed by the insurer if:
(i) the licensee under this title distributes cards or documents, exhibits a sign, or
publishes an advertisement that violates Subsection (1)(a), with reference to a particular
insurer:
(A) that the licensee represents; or
(B) for whom the licensee processes claims; and
(ii) the cards, documents, signs, or advertisements are supplied or approved by that
insurer.
(2) (a) A title insurer, individual title insurance producer, or agency title insurance
producer or any officer or employee of the title insurer, individual title insurance producer, or
agency title insurance producer may not pay, allow, give, or offer to pay, allow, or give,
directly or indirectly, as an inducement to obtaining any title insurance business:
(i) any rebate, reduction, or abatement of any rate or charge made incident to the
issuance of the title insurance;
(ii) any special favor or advantage not generally available to others;
(iii) any money or other consideration, except if approved under Section 
31A-2-405
; or
(iv) material inducement.
(b) "Charge made incident to the issuance of the title insurance" includes escrow
charges, and any other services that are prescribed in rule by the Title and Escrow Commission
after consultation with the commissioner and subject to Section 
31A-2-404
.
(c) An insured or any other person connected, directly or indirectly, with the
transaction may not knowingly receive or accept, directly or indirectly, any benefit referred to
in Subsection (2)(a), including:
(i) a person licensed under Title 61, Chapter 2c, Utah Residential Mortgage Practices
and Licensing Act;
(ii) a person licensed under Title 61, Chapter 2f, Real Estate Licensing and Practices
Act;
(iii) a builder;
(iv) an attorney; or
(v) an officer, employee, or agent of a person listed in this Subsection (2)(c)(iii).
(3) (a) An insurer may not unfairly discriminate among policyholders by charging
different premiums or by offering different terms of coverage, except on the basis of
classifications related to the nature and the degree of the risk covered or the expenses involved.
(b) Rates are not unfairly discriminatory if they are averaged broadly among persons
insured under a group, blanket, or franchise policy, and the terms of those policies are not
unfairly discriminatory merely because they are more favorable than in similar individual
policies.
(4) (a) This Subsection (4) applies to:
(i) a person who is or should be licensed under this title;
(ii) an employee of that licensee or person who should be licensed;
(iii) a person whose primary interest is as a competitor of a person licensed under this
title; and
(iv) one acting on behalf of any person described in Subsections (4)(a)(i) through (iii).
(b) A person described in Subsection (4)(a) may not commit or enter into any
agreement to participate in any act of boycott, coercion, or intimidation that:
(i) tends to produce:
(A) an unreasonable restraint of the business of insurance; or
(B) a monopoly in that business; or
(ii) results in an applicant purchasing or replacing an insurance contract.
(5) (a) (i) Subject to Subsection (5)(a)(ii), a person may not restrict in the choice of an
insurer or licensee under this chapter, another person who is required to pay for insurance as a
condition for the conclusion of a contract or other transaction or for the exercise of any right
under a contract.
(ii) A person requiring coverage may reserve the right to disapprove the insurer or the
coverage selected on reasonable grounds.
(b) The form of corporate organization of an insurer authorized to do business in this
state is not a reasonable ground for disapproval, and the commissioner may by rule specify
additional grounds that are not reasonable. This Subsection (5) does not bar an insurer from
declining an application for insurance.
(6) A person may not make any charge other than insurance premiums and premium
financing charges for the protection of property or of a security interest in property, as a
condition for obtaining, renewing, or continuing the financing of a purchase of the property or
the lending of money on the security of an interest in the property.
(7) (a) A licensee under this title may not refuse or fail to return promptly all indicia of
agency to the principal on demand.
(b) A licensee whose license is suspended, limited, or revoked under Section
31A-2-308
, 
31A-23a-111
, or 
31A-23a-112
 may not refuse or fail to return the license to the
commissioner on demand.
(8) (a) A person may not engage in an unfair method of competition or any other unfair
or deceptive act or practice in the business of insurance, as defined by the commissioner by
rule, after a finding that the method of competition, the act, or the practice:
(i) is misleading;
(ii) is deceptive;
(iii) is unfairly discriminatory;
(iv) provides an unfair inducement; or
(v) unreasonably restrains competition.
(b) Notwithstanding Subsection (8)(a), for purpose of the title insurance industry, the
Title and Escrow Commission shall make rules, subject to Section 
31A-2-404
, that define an
unfair method of competition or unfair or deceptive act or practice after a finding that the
method of competition, the act, or the practice:
(i) is misleading;
(ii) is deceptive;
(iii) is unfairly discriminatory;
(iv) provides an unfair inducement; or
(v) unreasonably restrains competition.
Section 12. Section 
31A-23b-102
 is amended to read:
31A-23b-102.
Definitions.
As used in this chapter:
(1) "Enroll" and "enrollment" mean to:
(a) (i) obtain personally identifiable information about an individual; and
(ii) inform an individual about accident and health insurance plans or public programs
offered on an exchange;
(b) solicit insurance; or
(c) submit to the exchange:
(i) personally identifiable information about an individual; and
(ii) an individual's selection of a particular accident and health insurance plan or public
program offered on the exchange.
(2) "Navigator":
(a) means a person who facilitates enrollment in an exchange by offering to assist, or
who advertises any services to assist, with:
(i) the selection of and enrollment in a qualified health plan or a public program
offered on an exchange; or
(ii) applying for premium subsidies through an exchange; and
(b) includes a person who is an in-person assister or a certified application counselor as
described in federal regulations or guidance issued under PPACA.
(3) "Personally identifiable information" is as defined in 45 C.F.R. Sec. 155.260.
(4) "Public programs" means the state Medicaid program in [
Title 26, Chapter 18,
Medical Assistance Act
] 
Title 26B, Chapter 3, Health Care - Administration and Assistance
,
and [
Title 26, Chapter 40, Utah Children's Health Insurance Act
] 
Title 26B, Chapter 3, Part 9,
Utah Children's Health Insurance Program
.
(5) "Resident" is as defined by rule made by the commissioner in accordance with Title
63G, Chapter 3, Utah Administrative Rulemaking Act.
(6) "Solicit" means the same as that term is defined in Section 
31A-23a-102
.
Section 13. Section 
31A-23b-211
 is amended to read:
31A-23b-211.
Exceptions to navigator licensing.
(1) For purposes of this section:
(a) "Negotiate" is as defined in Section 
31A-23a-102
.
(b) "Sell" is as defined in Section 
31A-23a-102
.
(c) "Solicit" is as defined in Section 
31A-23a-102
.
(2) The commissioner may not require a license as a navigator of:
(a) a person who is employed by or contracts with:
(i) a health care facility that is licensed under [
Title 26, Chapter 21, Health Care
Facility Licensing and Inspection Act
] 
Title 26B, Chapter 2, Part 2, Health Care Facility
Licensing and Inspection
, to assist an individual with enrollment in a public program or an
application for premium subsidy; or
(ii) the state, a political subdivision of the state, an entity of a political subdivision of
the state, or a public school district to assist an individual with enrollment in a public program
or an application for premium subsidy;
(b) a federally qualified health center as defined by Section 1905(1)(2)(B) of the Social
Security Act which assists an individual with enrollment in a public program or an application
for premium subsidy;
(c) a person licensed under Chapter 23a, Insurance Marketing - Licensing Producers,
Consultants, and Reinsurance Intermediaries, if the person is licensed in the appropriate line of
authority to sell, solicit, or negotiate accident and health insurance plans;
(d) an officer, director, or employee of a navigator:
(i) who does not receive compensation or commission from an insurer issuing an
insurance contract, an agency administering a public program, an individual who enrolled in a
public program or insurance product, or an exchange; and
(ii) whose activities:
(A) are executive, administrative, managerial, clerical, or a combination thereof;
(B) only indirectly relate to the sale, solicitation, or negotiation of insurance, or the
enrollment in a public program offered through the exchange;
(C) are in the capacity of a special agent or agency supervisor assisting an insurance
producer or navigator;
(D) are limited to providing technical advice and assistance to a licensed insurance
producer or navigator; or
(E) do not include the sale, solicitation, or negotiation of insurance, or the enrollment
in a public program;
(e) a person who does not sell, solicit, or negotiate insurance and is not directly or
indirectly compensated by an insurer issuing an insurance contract, an agency administering a
public program, an individual who enrolled in a public program or insurance product, or an
exchange, including:
(i) an employer, association, officer, director, employee, or trustee of an employee trust
plan who is engaged in the administration or operation of a program:
(A) of employee benefits for the employer's or association's own employees or the
employees of a subsidiary or affiliate of an employer or association; and
(B) that involves the use of insurance issued by an insurer or enrollment in a public
health plan on an exchange;
(ii) an employee of an insurer or organization employed by an insurer who is engaging
in the inspection, rating, or classification of risk, or the supervision of training of insurance
producers; or
(iii) an employee who counsels or advises the employee's employer with regard to the
insurance interests of the employer, or a subsidiary or business affiliate of the employer; and
(f) an Indian health clinic or Urban Indian Health Center, as defined in Title V of the
Indian Health Care Improvement Act, which assists a person with enrollment in a public
program or an application for a premium subsidy.
(3) The exemption from licensure under Subsections (2)(a), (b), and (f) does not apply
if a person described in Subsections (2)(a), (b), and (f) enrolls a person in a private insurance
plan.
(4) The commissioner may by rule exempt a class of persons from the license
requirement of Subsection 
31A-23b-201
(1) if:
(a) the functions performed by the class of persons do not require:
(i) special competence;
(ii) special trustworthiness; or
(iii) regulatory surveillance made possible by licensing; or
(b) other existing safeguards make regulation unnecessary.
Section 14. Section 
31A-26-301.6
 is amended to read:
31A-26-301.6.
Health care claims practices.
(1) As used in this section:
(a) "Health care provider" means a person licensed to provide health care under:
(i) [
Title 26, Chapter 21, Health Care Facility Licensing and Inspection Act
] 
Title 26B,
Chapter 2, Part 2, Health Care Facility Licensing and Inspection
; or
(ii) Title 58, Occupations and Professions.
(b) "Insurer" means an admitted or authorized insurer, as defined in Section
31A-1-301
, and includes:
(i) a health maintenance organization; and
(ii) a third party administrator that is subject to this title, provided that nothing in this
section may be construed as requiring a third party administrator to use its own funds to pay
claims that have not been funded by the entity for which the third party administrator is paying
claims.
(c) "Provider" means a health care provider to whom an insurer is obligated to pay
directly in connection with a claim by virtue of:
(i) an agreement between the insurer and the provider;
(ii) a health insurance policy or contract of the insurer; or
(iii) state or federal law.
(2) An insurer shall timely pay every valid insurance claim submitted by a provider in
accordance with this section.
(3) (a) Except as provided in Subsection (4), within 30 days of the day on which the
insurer receives a written claim, an insurer shall:
(i) pay the claim; or
(ii) deny the claim and provide a written explanation for the denial.
(b) (i) Subject to Subsection (3)(b)(ii), the time period described in Subsection (3)(a)
may be extended by 15 days if the insurer:
(A) determines that the extension is necessary due to matters beyond the control of the
insurer; and
(B) before the end of the 30-day period described in Subsection (3)(a), notifies the
provider and insured in writing of:
(I) the circumstances requiring the extension of time; and
(II) the date by which the insurer expects to pay the claim or deny the claim with a
written explanation for the denial.
(ii) If an extension is necessary due to a failure of the provider or insured to submit the
information necessary to decide the claim:
(A) the notice of extension required by this Subsection (3)(b) shall specifically describe
the required information; and
(B) the insurer shall give the provider or insured at least 45 days from the day on which
the provider or insured receives the notice before the insurer denies the claim for failure to
provide the information requested in Subsection (3)(b)(ii)(A).
(4) (a) In the case of a claim for income replacement benefits, within 45 days of the day
on which the insurer receives a written claim, an insurer shall:
(i) pay the claim; or
(ii) deny the claim and provide a written explanation of the denial.
(b) Subject to Subsections (4)(d) and (e), the time period described in Subsection (4)(a)
may be extended for 30 days if the insurer:
(i) determines that the extension is necessary due to matters beyond the control of the
insurer; and
(ii) before the expiration of the 45-day period described in Subsection (4)(a), notifies
the insured of:
(A) the circumstances requiring the extension of time; and
(B) the date by which the insurer expects to pay the claim or deny the claim with a
written explanation for the denial.
(c) Subject to Subsections (4)(d) and (e), the time period for complying with
Subsection (4)(a) may be extended for up to an additional 30 days from the day on which the
30-day extension period provided in Subsection (4)(b) ends if before the day on which the
30-day extension period ends, the insurer:
(i) determines that due to matters beyond the control of the insurer a decision cannot be
rendered within the 30-day extension period; and
(ii) notifies the insured of:
(A) the circumstances requiring the extension; and
(B) the date as of which the insurer expects to pay the claim or deny the claim with a
written explanation for the denial.
(d) A notice of extension under this Subsection (4) shall specifically explain:
(i) the standards on which entitlement to a benefit is based; and
(ii) the unresolved issues that prevent a decision on the claim.
(e) If an extension allowed by Subsection (4)(b) or (c) is necessary due to a failure of
the insured to submit the information necessary to decide the claim:
(i) the notice of extension required by Subsection (4)(b) or (c) shall specifically
describe the necessary information; and
(ii) the insurer shall give the insured at least 45 days from the day on which the insured
receives the notice before the insurer denies the claim for failure to provide the information
requested in Subsection (4)(b) or (c).
(5) If a period of time is extended as permitted under Subsection (3)(b), (4)(b), or
(4)(c), due to an insured or provider failing to submit information necessary to decide a claim,
the period for making the benefit determination shall be tolled from the date on which the
notification of the extension is sent to the insured or provider until the date on which the
insured or provider responds to the request for additional information.
(6) An insurer shall pay all sums to the provider or insured that the insurer is obligated
to pay on the claim, and provide a written explanation of the insurer's decision regarding any
part of the claim that is denied within 20 days of receiving the information requested under
Subsection (3)(b), (4)(b), or (4)(c).
(7) (a) Whenever an insurer makes a payment to a provider on any part of a claim
under this section, the insurer shall also send to the insured an explanation of benefits paid.
(b) Whenever an insurer denies any part of a claim under this section, the insurer shall
also send to the insured:
(i) a written explanation of the part of the claim that was denied; and
(ii) notice of the adverse benefit determination review process established under
Section 
31A-22-629
.
(c) This Subsection (7) does not apply to a person receiving benefits under the state
Medicaid program as defined in Section [
26-18-2
] 
26B-3-101
, unless required by the
Department of Health 
and Human Services
 or federal law.
(8) (a) A late fee shall be imposed on:
(i) an insurer that fails to timely pay a claim in accordance with this section; and
(ii) a provider that fails to timely provide information on a claim in accordance with
this section.
(b) The late fee described in Subsection (8)(a) shall be determined by multiplying
together:
(i) the total amount of the claim the insurer is obliged to pay;
(ii) the total number of days the response or the payment is late; and
(iii) 0.033% daily interest rate.
(c) Any late fee paid or collected under this Subsection (8) shall be separately
identified on the documentation used by the insurer to pay the claim.
(d) For purposes of this Subsection (8), "late fee" does not include an amount that is
less than $1.
(9) Each insurer shall establish a review process to resolve claims-related disputes
between the insurer and providers.
(10) An insurer or person representing an insurer may not engage in any unfair claim
settlement practice with respect to a provider. Unfair claim settlement practices include:
(a) knowingly misrepresenting a material fact or the contents of an insurance policy in
connection with a claim;
(b) failing to acknowledge and substantively respond within 15 days to any written
communication from a provider relating to a pending claim;
(c) denying or threatening to deny the payment of a claim for any reason that is not
clearly described in the insured's policy;
(d) failing to maintain a payment process sufficient to comply with this section;
(e) failing to maintain claims documentation sufficient to demonstrate compliance with
this section;
(f) failing, upon request, to give to the provider written information regarding the
specific rate and terms under which the provider will be paid for health care services;
(g) failing to timely pay a valid claim in accordance with this section as a means of
influencing, intimidating, retaliating, or gaining an advantage over the provider with respect to
an unrelated claim, an undisputed part of a pending claim, or some other aspect of the
contractual relationship;
(h) failing to pay the sum when required and as required under Subsection (8) when a
violation has occurred;
(i) threatening to retaliate or actual retaliation against a provider for the provider
applying this section;
(j) any material violation of this section; and
(k) any other unfair claim settlement practice established in rule or law.
(11) (a) The provisions of this section shall apply to each contract between an insurer
and a provider for the duration of the contract.
(b) Notwithstanding Subsection (11)(a), this section may not be the basis for a bad
faith insurance claim.
(c) Nothing in Subsection (11)(a) may be construed as limiting the ability of an insurer
and a provider from including provisions in their contract that are more stringent than the
provisions of this section.
(12) (a) Pursuant to Chapter 2, Part 2, Duties and Powers of Commissioner, the
commissioner may conduct examinations to determine an insurer's level of compliance with
this section and impose sanctions for each violation.
(b) The commissioner may adopt rules only as necessary to implement this section.
(c) The commissioner may establish rules to facilitate the exchange of electronic
confirmations when claims-related information has been received.
(d) Notwithstanding Subsection (12)(b), the commissioner may not adopt rules
regarding the review process required by Subsection (9).
(13) Nothing in this section may be construed as limiting the collection rights of a
provider under Section 
31A-26-301.5
.
(14) Nothing in this section may be construed as limiting the ability of an insurer to:
(a) recover any amount improperly paid to a provider or an insured:
(i) in accordance with Section 
31A-31-103
 or any other provision of state or federal
law;
(ii) within 24 months of the amount improperly paid for a coordination of benefits
error;
(iii) within 12 months of the amount improperly paid for any other reason not
identified in Subsection (14)(a)(i) or (ii); or
(iv) within 36 months of the amount improperly paid when the improper payment was
due to a recovery by Medicaid, Medicare, the Children's Health Insurance Program, or any
other state or federal health care program;
(b) take any action against a provider that is permitted under the terms of the provider
contract and not prohibited by this section;
(c) report the provider to a state or federal agency with regulatory authority over the
provider for unprofessional, unlawful, or fraudulent conduct; or
(d) enter into a mutual agreement with a provider to resolve alleged violations of this
section through mediation or binding arbitration.
(15) A health care provider may only seek recovery from the insurer for an amount
improperly paid by the insurer within the same time frames as Subsections (14)(a) and (b).
(16) (a) An insurer may offer the remittance of payment through a credit card or other
similar arrangement.
(b) (i) A health care provider may elect not to receive remittance through a credit card
or other similar arrangement.
(ii) An insurer:
(A) shall permit a health care provider's election described in Subsection (16)(b)(i) to
apply to the health care provider's entire practice; and
(B) may not require a health care provider's election described in Subsection (16)(b)(i)
to be made on a patient-by-patient basis.
(c) An insurer may not require a health care provider or insured to accept remittance
through a credit card or other similar arrangement.
Section 15. Section 
31A-45-402
 is amended to read:
31A-45-402.
Alcohol and drug dependency treatment.
(1) A managed care organization offering a health benefit plan providing coverage for
alcohol or drug dependency treatment may require an inpatient facility to be licensed by:
(a) (i) the Department of 
Health and
 Human Services, under [
Title 62A, Chapter 2,
Licensure of Programs and Facilities
] 
Title 26B, Chapter 2, Part 1, Human Services Programs
and Facilities
; or
(ii) the Department of Health 
and Human Services
; or
(b) for an inpatient facility located outside the state, a state agency similar to one
described in Subsection (1)(a).
(2) For inpatient coverage provided pursuant to Subsection (1), a managed care
organization may require an inpatient facility to be accredited by the following:
(a) the Joint Commission; and
(b) one other nationally recognized accrediting agency.
Section 16. Section 
31A-45-501
 is amended to read:
31A-45-501.
Access to health care providers.
(1) As used in this section:
(a) "Class of health care provider" means a health care provider or a health care facility
regulated by the state within the same professional, trade, occupational, or certification
category established under Title 58, Occupations and Professions, or within the same facility
licensure category established under [
Title 26, Chapter 21, Health Care Facility Licensing and
Inspection Act
] 
Title 26B, Chapter 2, Part 2, Health Care Facility Licensing and Inspection
.
(b) "Covered health care services" or "covered services" means health care services for
which an enrollee is entitled to receive under the terms of a managed care organization
contract.
(c) "Credentialed staff member" means a health care provider with active staff
privileges at an independent hospital or federally qualified health center.
(d) "Federally qualified health center" means as defined in the Social Security Act, 42
U.S.C. Sec. 1395x.
(e) "Independent hospital" means a general acute hospital or a critical access hospital
that:
(i) is either:
(A) located 20 miles or more from any other general acute hospital or critical access
hospital; or
(B) licensed as of January 1, 2004;
(ii) is licensed pursuant to [
Title 26, Chapter 21, Health Care Facility Licensing and
Inspection Act
] 
Title 26B, Chapter 2, Part 2, Health Care Facility Licensing and Inspection
;
(iii) is controlled by a board of directors of which 51% or more reside in the county
where the hospital is located; and
(iv) (A) the hospital's board of directors is ultimately responsible for the policy and
financial decisions of the hospital; or
(B) the hospital is licensed for 60 or fewer beds and is not owned, in whole or in part,
by an entity that owns or controls a health maintenance organization if the hospital is a
contracting facility of the organization.
(f) "Noncontracting provider" means an independent hospital, federally qualified health
center, or credentialed staff member that has not contracted with a managed care organization
to provide health care services to enrollees of the managed care organization.
(2) Except for a managed care organization that is under the common ownership or
control of an entity with a hospital located within 10 paved road miles of an independent
hospital, a managed care organization shall pay for covered health care services rendered to an
enrollee by an independent hospital, a credentialed staff member at an independent hospital, or
a credentialed staff member at his local practice location if:
(a) the enrollee:
(i) lives or resides within 30 paved road miles of the independent hospital; or
(ii) if Subsection (2)(a)(i) does not apply, lives or resides in closer proximity to the
independent hospital than a contracting hospital;
(b) the independent hospital is located prior to December 31, 2000 in a county with a
population density of less than 100 people per square mile, or the independent hospital is
located in a county with a population density of less than 30 people per square mile; and
(c) the enrollee has complied with the prior authorization and utilization review
requirements otherwise required by the managed care organization contract.
(3) A managed care organization shall pay for covered health care services rendered to
an enrollee at a federally qualified health center if:
(a) the enrollee:
(i) lives or resides within 30 paved road miles of the federally qualified health center;
or
(ii) if Subsection (3)(a)(i) does not apply, lives or resides in closer proximity to the
federally qualified health center than a contracting provider;
(b) the federally qualified health center is located in a county with a population density
of less than 30 people per square mile; and
(c) the enrollee has complied with the prior authorization and utilization review
requirements otherwise required by the managed care organization contract.
(4) (a) A managed care organization shall reimburse a noncontracting provider or the
enrollee for covered services rendered pursuant to Subsection (2) a like dollar amount as the
managed care organization pays to contracting providers under a noncapitated arrangement for
comparable services.
(b) A managed care organization shall reimburse a federally qualified health center or
the enrollee for covered services rendered pursuant to Subsection (3) a like amount as paid by
the managed care organization under a noncapitated arrangement for comparable services to a
contracting provider in the same class of health care providers as the provider who rendered the
service.
(5) (a) A noncontracting independent hospital may not balance bill a patient when the
managed care organization reimburses a noncontracting independent hospital or an enrollee in
accordance with Subsection (4)(a).
(b) A noncontracting federally qualified health center may not balance bill a patient
when the federally qualified health center or the enrollee receives reimbursement in accordance
with Subsection (4)(b).
(6) A noncontracting provider may only refer an enrollee to another noncontracting
provider so as to obligate the enrollee's managed care organization to pay for the resulting
services if:
(a) the noncontracting provider making the referral or the enrollee has received prior
authorization from the organization for the referral; or
(b) the practice location of the noncontracting provider to whom the referral is made:
(i) is located in a county with a population density of less than 25 people per square
mile; and
(ii) is within 30 paved road miles of:
(A) the place where the enrollee lives or resides; or
(B) the independent hospital or federally qualified health center at which the enrollee
may receive covered services pursuant to Subsection (2) or (3).
(7) Notwithstanding this section, a managed care organization may contract directly
with an independent hospital, federally qualified health center, or credentialed staff member.
(8) (a) A managed care organization that violates any provision of this section is
subject to sanctions as determined by the commissioner in accordance with Section 
31A-2-308
.
(b) Violations of this section include:
(i) failing to provide the notice required by Subsection (8)(d) by placing the notice in
any managed care organization's provider list that is supplied to enrollees, including any
website maintained by the managed care organization;
(ii) failing to provide notice of an enrollee's rights under this section when:
(A) an enrollee makes personal contact with the managed care organization by
telephone, electronic transaction, or in person; and
(B) the enrollee inquires about the enrollee's rights to access an independent hospital or
federally qualified health center; and
(iii) refusing to reprocess or reconsider a claim, initially denied by the managed care
organization, when the provisions of this section apply to the claim.
(c) The commissioner shall, pursuant to Chapter 2, Part 2, Duties and Powers of
Commissioner:
(i) adopt rules as necessary to implement this section;
(ii) identify in rule:
(A) the counties with a population density of less than 100 people per square mile;
(B) independent hospitals as defined in Subsection (1)(e); and
(C) federally qualified health centers as defined in Subsection (1)(d).
(d) (i) A managed care organization shall:
(A) use the information developed by the commissioner under Subsection (8)(c) to
identify the rural counties, independent hospitals, and federally qualified health centers that are
located in the managed care organization's service area; and
(B) include the providers identified under Subsection (8)(d)(i)(A) in the notice required
in Subsection (8)(d)(ii).
(ii) The managed care organization shall provide the following notice, in bold type, to
enrollees as specified under Subsection (8)(b)(i), and shall keep the notice current:
"You may be entitled to coverage for health care services from the following
noncontracted providers if you live or reside within 30 paved road miles of the listed providers,
or if you live or reside in closer proximity to the listed providers than to your contracted
providers:
This list may change periodically, please check on our website or call for verification. 
Please be advised that if you choose a noncontracted provider you will be responsible for any
charges not covered by your health insurance plan.
If you have questions concerning your rights to see a provider on this list you may
contact your managed care organization at ________. If the managed care organization does
not resolve your problem, you may contact the Office of Consumer Health Assistance in the
Insurance Department, toll free."
(e) A person whose interests are affected by an alleged violation of this section may
contact the Office of Consumer Health Assistance and request assistance, or file a complaint as
provided in Section 
31A-2-216
.
Section 17. Section 
32B-1-102
 is amended to read:
32B-1-102.
Definitions.
As used in this title:
(1) "Airport lounge" means a business location:
(a) at which an alcoholic product is sold at retail for consumption on the premises; and
(b) that is located at an international airport.
(2) "Airport lounge license" means a license issued in accordance with Chapter 5,
Retail License Act, and Chapter 6, Part 5, Airport Lounge License.
(3) "Alcoholic beverage" means the following:
(a) beer; or
(b) liquor.
(4) (a) "Alcoholic product" means a product that:
(i) contains at least .5% of alcohol by volume; and
(ii) is obtained by fermentation, infusion, decoction, brewing, distillation, or other
process that uses liquid or combinations of liquids, whether drinkable or not, to create alcohol
in an amount equal to or greater than .5% of alcohol by volume.
(b) "Alcoholic product" includes an alcoholic beverage.
(c) "Alcoholic product" does not include any of the following common items that
otherwise come within the definition of an alcoholic product:
(i) except as provided in Subsection (4)(d), an extract;
(ii) vinegar;
(iii) preserved nonintoxicating cider;
(iv) essence;
(v) tincture;
(vi) food preparation; or
(vii) an over-the-counter medicine.
(d) "Alcoholic product" includes an extract containing alcohol obtained by distillation
when it is used as a flavoring in the manufacturing of an alcoholic product.
(5) "Alcohol training and education seminar" means a seminar that is:
(a) required by Chapter 1, Part 7, Alcohol Training and Education Act; and
(b) described in Section [
62A-15-401
] 
26B-5-205
.
(6) "Arena" means an enclosed building:
(a) that is managed by:
(i) the same person who owns the enclosed building;
(ii) a person who has a majority interest in each person who owns or manages a space
in the enclosed building; or
(iii) a person who has authority to direct or exercise control over the management or
policy of each person who owns or manages a space in the enclosed building;
(b) that operates as a venue; and
(c) that has an occupancy capacity of at least 12,500.
(7) "Arena license" means a license issued in accordance with Chapter 5, Retail
License Act, and Chapter 8c, Arena License Act.
(8) "Banquet" means an event:
(a) that is a private event or a privately sponsored event;
(b) that is held at one or more designated locations approved by the commission in or
on the premises of:
(i) a hotel;
(ii) a resort facility;
(iii) a sports center;
(iv) a convention center;
(v) a performing arts facility; or
(vi) an arena;
(c) for which there is a contract:
(i) between a person operating a facility listed in Subsection (8)(b) and another person
that has common ownership of less than 20% with the person operating the facility; and
(ii) under which the person operating a facility listed in Subsection (8)(b) is required to
provide an alcoholic product at the event; and
(d) at which food and alcoholic products may be sold, offered for sale, or furnished.
(9) (a) "Bar establishment license" means a license issued in accordance with Chapter
5, Retail License Act, and Chapter 6, Part 4, Bar Establishment License.
(b) "Bar establishment license" includes:
(i) a dining club license;
(ii) an equity license;
(iii) a fraternal license; or
(iv) a bar license.
(10) "Bar license" means a license issued in accordance with Chapter 5, Retail License
Act, and Chapter 6, Part 4, Bar Establishment License.
(11) (a) "Beer" means a product that:
(i) contains:
(A) at least .5% of alcohol by volume; and
(B) no more than 5% of alcohol by volume or 4% by weight;
(ii) is obtained by fermentation, infusion, or decoction of:
(A) malt; or
(B) a malt substitute; and
(iii) is clearly marketed, labeled, and identified as:
(A) beer;
(B) ale;
(C) porter;
(D) stout;
(E) lager;
(F) a malt;
(G) a malted beverage; or
(H) seltzer.
(b) "Beer" may contain:
(i) hops extract; or
(ii) caffeine, if the caffeine is a natural constituent of an added ingredient.
(c) "Beer" does not include:
(i) a flavored malt beverage;
(ii) a product that contains alcohol derived from:
(A) spirituous liquor; or
(B) wine; or
(iii) a product that contains an additive masking or altering a physiological effect of
alcohol, including kratom, kava, cannabidiol, or natural or synthetic tetrahydrocannabinol.
(12) "Beer-only restaurant license" means a license issued in accordance with Chapter
5, Retail License Act, and Chapter 6, Part 9, Beer-Only Restaurant License.
(13) "Beer retailer" means a business that:
(a) is engaged, primarily or incidentally, in the retail sale of beer to a patron, whether
for consumption on or off the business premises; and
(b) is licensed as:
(i) an off-premise beer retailer, in accordance with Chapter 7, Part 2, Off-Premise Beer
Retailer Local Authority; or
(ii) an on-premise beer retailer, in accordance with Chapter 5, Retail License Act, and
Chapter 6, Part 7, On-Premise Beer Retailer License.
(14) "Beer wholesaling license" means a license:
(a) issued in accordance with Chapter 13, Beer Wholesaling License Act; and
(b) to import for sale, or sell beer in wholesale or jobbing quantities to one or more
retail licensees or off-premise beer retailers.
(15) "Billboard" means a public display used to advertise, including:
(a) a light device;
(b) a painting;
(c) a drawing;
(d) a poster;
(e) a sign;
(f) a signboard; or
(g) a scoreboard.
(16) "Brewer" means a person engaged in manufacturing:
(a) beer;
(b) heavy beer; or
(c) a flavored malt beverage.
(17) "Brewery manufacturing license" means a license issued in accordance with
Chapter 11, Part 5, Brewery Manufacturing License.
(18) "Certificate of approval" means a certificate of approval obtained from the
department under Section 
32B-11-201
.
(19) "Chartered bus" means a passenger bus, coach, or other motor vehicle provided by
a bus company to a group of persons pursuant to a common purpose:
(a) under a single contract;
(b) at a fixed charge in accordance with the bus company's tariff; and
(c) to give the group of persons the exclusive use of the passenger bus, coach, or other
motor vehicle, and a driver to travel together to one or more specified destinations.
(20) "Church" means a building:
(a) set apart for worship;
(b) in which religious services are held;
(c) with which clergy is associated; and
(d) that is tax exempt under the laws of this state.
(21) "Commission" means the Alcoholic Beverage Services Commission created in
Section 
32B-2-201
.
(22) "Commissioner" means a member of the commission.
(23) "Community location" means:
(a) a public or private school;
(b) a church;
(c) a public library;
(d) a public playground; or
(e) a public park.
(24) "Community location governing authority" means:
(a) the governing body of the community location; or
(b) if the commission does not know who is the governing body of a community
location, a person who appears to the commission to have been given on behalf of the
community location the authority to prohibit an activity at the community location.
(25) "Container" means a receptacle that contains an alcoholic product, including:
(a) a bottle;
(b) a vessel; or
(c) a similar item.
(26) "Controlled group of manufacturers" means as the commission defines by rule
made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
(27) "Convention center" means a facility that is:
(a) in total at least 30,000 square feet; and
(b) otherwise defined as a "convention center" by the commission by rule.
(28) (a) "Counter" means a surface or structure in a dining area of a licensed premises
where seating is provided to a patron for service of food.
(b) "Counter" does not include a dispensing structure.
(29) "Crime involving moral turpitude" is as defined by the commission by rule.
(30) "Department" means the Department of Alcoholic Beverage Services created in
Section 
32B-2-203
.
(31) "Department compliance officer" means an individual who is:
(a) an auditor or inspector; and
(b) employed by the department.
(32) "Department sample" means liquor that is placed in the possession of the
department for testing, analysis, and sampling.
(33) "Dining club license" means a license issued in accordance with Chapter 5, Retail
License Act, and Chapter 6, Part 4, Bar Establishment License, that is designated by the
commission as a dining club license.
(34) "Director," unless the context requires otherwise, means the director of the
department.
(35) "Disciplinary proceeding" means an adjudicative proceeding permitted under this
title:
(a) against a person subject to administrative action; and
(b) that is brought on the basis of a violation of this title.
(36) (a) Subject to Subsection (36)(b), "dispense" means:
(i) drawing an alcoholic product; and
(ii) using the alcoholic product at the location from which it was drawn to mix or
prepare an alcoholic product to be furnished to a patron of the retail licensee.
(b) The definition of "dispense" in this Subsection (36) applies only to:
(i) a full-service restaurant license;
(ii) a limited-service restaurant license;
(iii) a reception center license;
(iv) a beer-only restaurant license;
(v) a bar license;
(vi) an on-premise beer retailer;
(vii) an airport lounge license;
(viii) an on-premise banquet license; and
(ix) a hospitality amenity license.
(37) "Dispensing structure" means a surface or structure on a licensed premises:
(a) where an alcoholic product is dispensed; or
(b) from which an alcoholic product is served.
(38) "Distillery manufacturing license" means a license issued in accordance with
Chapter 11, Part 4, Distillery Manufacturing License.
(39) "Distressed merchandise" means an alcoholic product in the possession of the
department that is saleable, but for some reason is unappealing to the public.
(40) "Equity license" means a license issued in accordance with Chapter 5, Retail
License Act, and Chapter 6, Part 4, Bar Establishment License, that is designated by the
commission as an equity license.
(41) "Event permit" means:
(a) a single event permit; or
(b) a temporary beer event permit.
(42) "Exempt license" means a license exempt under Section 
32B-1-201
 from being
considered in determining the total number of retail licenses that the commission may issue at
any time.
(43) (a) "Flavored malt beverage" means a beverage:
(i) that contains at least .5% alcohol by volume;
(ii) for which the producer is required to file a formula for approval with the federal
Alcohol and Tobacco Tax and Trade Bureau under 27 C.F.R. Sec. 25.55 because the beverage
is treated by processing, filtration, or another method of manufacture that is not generally
recognized as a traditional process in the production of a beer, ale, porter, stout, lager, or malt
liquor; and
(iii) for which the producer is required to file a formula for approval with the federal
Alcohol and Tobacco Tax and Trade Bureau under 27 C.F.R. Sec. 25.55 because the beverage
includes an ingredient containing alcohol.
(b) "Flavored malt beverage" is considered liquor for purposes of this title.
(44) "Fraternal license" means a license issued in accordance with Chapter 5, Retail
License Act, and Chapter 6, Part 4, Bar Establishment License, that is designated by the
commission as a fraternal license.
(45) "Full-service restaurant license" means a license issued in accordance with
Chapter 5, Retail License Act, and Chapter 6, Part 2, Full-Service Restaurant License.
(46) (a) "Furnish" means by any means to provide with, supply, or give an individual
an alcoholic product, by sale or otherwise.
(b) "Furnish" includes to:
(i) serve;
(ii) deliver; or
(iii) otherwise make available.
(47) "Guest" means an individual who meets the requirements of Subsection
32B-6-407
(9).
(48) "Hard cider" means the same as that term is defined in 26 U.S.C. Sec. 5041.
(49) "Health care practitioner" means:
(a) a podiatrist licensed under Title 58, Chapter 5a, Podiatric Physician Licensing Act;
(b) an optometrist licensed under Title 58, Chapter 16a, Utah Optometry Practice Act;
(c) a pharmacist licensed under Title 58, Chapter 17b, Pharmacy Practice Act;
(d) a physical therapist licensed under Title 58, Chapter 24b, Physical Therapy Practice
Act;
(e) a nurse or advanced practice registered nurse licensed under Title 58, Chapter 31b,
Nurse Practice Act;
(f) a recreational therapist licensed under Title 58, Chapter 40, Recreational Therapy
Practice Act;
(g) an occupational therapist licensed under Title 58, Chapter 42a, Occupational
Therapy Practice Act;
(h) a nurse midwife licensed under Title 58, Chapter 44a, Nurse Midwife Practice Act;
(i) a mental health professional licensed under Title 58, Chapter 60, Mental Health
Professional Practice Act;
(j) a physician licensed under Title 58, Chapter 67, Utah Medical Practice Act;
(k) an osteopath licensed under Title 58, Chapter 68, Utah Osteopathic Medical
Practice Act;
(l) a dentist or dental hygienist licensed under Title 58, Chapter 69, Dentist and Dental
Hygienist Practice Act; and
(m) a physician assistant licensed under Title 58, Chapter 70a, Utah Physician
Assistant Act.
(50) (a) "Heavy beer" means a product that:
(i) contains more than 5% alcohol by volume; and
(ii) is obtained by fermentation, infusion, or decoction of:
(A) malt; or
(B) a malt substitute.
(b) "Heavy beer" is considered liquor for the purposes of this title.
(51) "Hospitality amenity license" means a license issued in accordance with Chapter
5, Retail License Act, and Chapter 6, Part 10, Hospitality Amenity License.
(52) (a) "Hotel" means a commercial lodging establishment that:
(i) offers at least 40 rooms as temporary sleeping accommodations for compensation;
(ii) is capable of hosting conventions, conferences, and food and beverage functions
under a banquet contract; and
(iii) (A) has adequate kitchen or culinary facilities on the premises to provide complete
meals;
(B) has at least 1,000 square feet of function space consisting of meeting or dining
rooms that can be reserved for a banquet and can accommodate at least 75 individuals; or
(C) if the establishment is located in a small or unincorporated locality, has an
appropriate amount of function space consisting of meeting or dining rooms that can be
reserved for private use under a banquet contract, as determined by the commission.
(b) "Hotel" includes a commercial lodging establishment that:
(i) meets the requirements under Subsection (52)(a); and
(ii) has one or more privately owned dwelling units.
(53) "Hotel license" means a license issued in accordance with Chapter 5, Retail
License Act, and Chapter 8b, Hotel License Act.
(54) "Identification card" means an identification card issued under Title 53, Chapter 3,
Part 8, Identification Card Act.
(55) "Industry representative" means an individual who is compensated by salary,
commission, or other means for representing and selling an alcoholic product of a
manufacturer, supplier, or importer of liquor.
(56) "Industry representative sample" means liquor that is placed in the possession of
the department for testing, analysis, and sampling by a local industry representative on the
premises of the department to educate the local industry representative of the quality and
characteristics of the product.
(57) "Interdicted person" means a person to whom the sale, offer for sale, or furnishing
of an alcoholic product is prohibited by:
(a) law; or
(b) court order.
(58) "International airport" means an airport:
(a) with a United States Customs and Border Protection office on the premises of the
airport; and
(b) at which international flights may enter and depart.
(59) "Intoxicated" means that a person:
(a) is significantly impaired as to the person's mental or physical functions as a result of
the use of:
(i) an alcoholic product;
(ii) a controlled substance;
(iii) a substance having the property of releasing toxic vapors; or
(iv) a combination of Subsections (59)(a)(i) through (iii); and
(b) exhibits plain and easily observed outward manifestations of behavior or physical
signs produced by the overconsumption of an alcoholic product.
(60) "Investigator" means an individual who is:
(a) a department compliance officer; or
(b) a nondepartment enforcement officer.
(61) "License" means:
(a) a retail license;
(b) a sublicense;
(c) a license issued in accordance with Chapter 7, Part 4, Off-Premise Beer Retailer
State License;
(d) a license issued in accordance with Chapter 11, Manufacturing and Related
Licenses Act;
(e) a license issued in accordance with Chapter 12, Liquor Warehousing License Act;
(f) a license issued in accordance with Chapter 13, Beer Wholesaling License Act; or
(g) a license issued in accordance with Chapter 17, Liquor Transport License Act.
(62) "Licensee" means a person who holds a license.
(63) "Limited-service restaurant license" means a license issued in accordance with
Chapter 5, Retail License Act, and Chapter 6, Part 3, Limited-Service Restaurant License.
(64) "Limousine" means a motor vehicle licensed by the state or a local authority, other
than a bus or taxicab:
(a) in which the driver and a passenger are separated by a partition, glass, or other
barrier;
(b) that is provided by a business entity to one or more individuals at a fixed charge in
accordance with the business entity's tariff; and
(c) to give the one or more individuals the exclusive use of the limousine and a driver
to travel to one or more specified destinations.
(65) (a) (i) "Liquor" means a liquid that:
(A) is:
(I) alcohol;
(II) an alcoholic, spirituous, vinous, fermented, malt, or other liquid;
(III) a combination of liquids a part of which is spirituous, vinous, or fermented; or
(IV) other drink or drinkable liquid; and
(B) (I) contains at least .5% alcohol by volume; and
(II) is suitable to use for beverage purposes.
(ii) "Liquor" includes:
(A) heavy beer;
(B) wine; and
(C) a flavored malt beverage.
(b) "Liquor" does not include beer.
(66) "Liquor Control Fund" means the enterprise fund created by Section 
32B-2-301
.
(67) "Liquor transport license" means a license issued in accordance with Chapter 17,
Liquor Transport License Act.
(68) "Liquor warehousing license" means a license that is issued:
(a) in accordance with Chapter 12, Liquor Warehousing License Act; and
(b) to a person, other than a licensed manufacturer, who engages in the importation for
storage, sale, or distribution of liquor regardless of amount.
(69) "Local authority" means:
(a) for premises that are located in an unincorporated area of a county, the governing
body of a county;
(b) for premises that are located in an incorporated city, town, or metro township, the
governing body of the city, town, or metro township; or
(c) for premises that are located in a project area as defined in Section 
63H-1-102
 and
in a project area plan adopted by the Military Installation Development Authority under Title
63H, Chapter 1, Military Installation Development Authority Act, the Military Installation
Development Authority.
(70) "Lounge or bar area" is as defined by rule made by the commission.
(71) "Malt substitute" means:
(a) rice;
(b) grain;
(c) bran;
(d) glucose;
(e) sugar; or
(f) molasses.
(72) "Manufacture" means to distill, brew, rectify, mix, compound, process, ferment, or
otherwise make an alcoholic product for personal use or for sale or distribution to others.
(73) "Member" means an individual who, after paying regular dues, has full privileges
in an equity licensee or fraternal licensee.
(74) (a) "Military installation" means a base, air field, camp, post, station, yard, center,
or homeport facility for a ship:
(i) (A) under the control of the United States Department of Defense; or
(B) of the National Guard;
(ii) that is located within the state; and
(iii) including a leased facility.
(b) "Military installation" does not include a facility used primarily for:
(i) civil works;
(ii) a rivers and harbors project; or
(iii) a flood control project.
(75) "Minibar" means an area of a hotel guest room where one or more alcoholic
products are kept and offered for self-service sale or consumption.
(76) "Minor" means an individual under 21 years old.
(77) "Nondepartment enforcement agency" means an agency that:
(a) (i) is a state agency other than the department; or
(ii) is an agency of a county, city, town, or metro township; and
(b) has a responsibility to enforce one or more provisions of this title.
(78) "Nondepartment enforcement officer" means an individual who is:
(a) a peace officer, examiner, or investigator; and
(b) employed by a nondepartment enforcement agency.
(79) (a) "Off-premise beer retailer" means a beer retailer who is:
(i) licensed in accordance with Chapter 7, Off-Premise Beer Retailer Act; and
(ii) engaged in the retail sale of beer to a patron for consumption off the beer retailer's
premises.
(b) "Off-premise beer retailer" does not include an on-premise beer retailer.
(80) "Off-premise beer retailer state license" means a state license issued in accordance
with Chapter 7, Part 4, Off-Premise Beer Retailer State License.
(81) "On-premise banquet license" means a license issued in accordance with Chapter
5, Retail License Act, and Chapter 6, Part 6, On-Premise Banquet License.
(82) "On-premise beer retailer" means a beer retailer who is:
(a) authorized to sell, offer for sale, or furnish beer under a license issued in
accordance with Chapter 5, Retail License Act, and Chapter 6, Part 7, On-Premise Beer
Retailer License; and
(b) engaged in the sale of beer to a patron for consumption on the beer retailer's
premises:
(i) regardless of whether the beer retailer sells beer for consumption off the licensed
premises; and
(ii) on and after March 1, 2012, operating:
(A) as a tavern; or
(B) in a manner that meets the requirements of Subsection 
32B-6-703
(2)(e)(i).
(83) "Opaque" means impenetrable to sight.
(84) "Package agency" means a retail liquor location operated:
(a) under an agreement with the department; and
(b) by a person:
(i) other than the state; and
(ii) who is authorized by the commission in accordance with Chapter 2, Part 6, Package
Agency, to sell packaged liquor for consumption off the premises of the package agency.
(85) "Package agent" means a person who holds a package agency.
(86) "Patron" means an individual to whom food, beverages, or services are sold,
offered for sale, or furnished, or who consumes an alcoholic product including:
(a) a customer;
(b) a member;
(c) a guest;
(d) an attendee of a banquet or event;
(e) an individual who receives room service;
(f) a resident of a resort; or
(g) a hospitality guest, as defined in Section 
32B-6-1002
, under a hospitality amenity
license.
(87) (a) "Performing arts facility" means a multi-use performance space that:
(i) is primarily used to present various types of performing arts, including dance,
music, and theater;
(ii) contains over 2,500 seats;
(iii) is owned and operated by a governmental entity; and
(iv) is located in a city of the first class.
(b) "Performing arts facility" does not include a space that is used to present sporting
events or sporting competitions.
(88) "Permittee" means a person issued a permit under:
(a) Chapter 9, Event Permit Act; or
(b) Chapter 10, Special Use Permit Act.
(89) "Person subject to administrative action" means:
(a) a licensee;
(b) a permittee;
(c) a manufacturer;
(d) a supplier;
(e) an importer;
(f) one of the following holding a certificate of approval:
(i) an out-of-state brewer;
(ii) an out-of-state importer of beer, heavy beer, or flavored malt beverages; or
(iii) an out-of-state supplier of beer, heavy beer, or flavored malt beverages; or
(g) staff of:
(i) a person listed in Subsections (89)(a) through (f); or
(ii) a package agent.
(90) "Premises" means a building, enclosure, or room used in connection with the
storage, sale, furnishing, consumption, manufacture, or distribution, of an alcoholic product,
unless otherwise defined in this title or rules made by the commission.
(91) "Prescription" means an order issued by a health care practitioner when:
(a) the health care practitioner is licensed under Title 58, Occupations and Professions,
to prescribe a controlled substance, other drug, or device for medicinal purposes;
(b) the order is made in the course of that health care practitioner's professional
practice; and
(c) the order is made for obtaining an alcoholic product for medicinal purposes only.
(92) (a) "Primary spirituous liquor" means the main distilled spirit in a beverage.
(b) "Primary spirituous liquor" does not include a secondary flavoring ingredient.
(93) "Principal license" means:
(a) a resort license;
(b) a hotel license; or
(c) an arena license.
(94) (a) "Private event" means a specific social, business, or recreational event:
(i) for which an entire room, area, or hall is leased or rented in advance by an identified
group; and
(ii) that is limited in attendance to people who are specifically designated and their
guests.
(b) "Private event" does not include an event to which the general public is invited,
whether for an admission fee or not.
(95) "Privately sponsored event" means a specific social, business, or recreational
event:
(a) that is held in or on the premises of an on-premise banquet licensee; and
(b) to which entry is restricted by an admission fee.
(96) (a) "Proof of age" means:
(i) an identification card;
(ii) an identification that:
(A) is substantially similar to an identification card;
(B) is issued in accordance with the laws of a state other than Utah in which the
identification is issued;
(C) includes date of birth; and
(D) has a picture affixed;
(iii) a valid driver license certificate that:
(A) includes date of birth;
(B) has a picture affixed; and
(C) is issued:
(I) under Title 53, Chapter 3, Uniform Driver License Act;
(II) in accordance with the laws of the state in which it is issued; or
(III) in accordance with federal law by the United States Department of State;
(iv) a military identification card that:
(A) includes date of birth; and
(B) has a picture affixed; or
(v) a valid passport.
(b) "Proof of age" does not include a driving privilege card issued in accordance with
Section 
53-3-207
.
(97) "Provisions applicable to a sublicense" means:
(a) for a full-service restaurant sublicense, the provisions applicable to a full-service
restaurant license under Chapter 6, Part 2, Full-Service Restaurant License;
(b) for a limited-service restaurant sublicense, the provisions applicable to a
limited-service restaurant license under Chapter 6, Part 3, Limited-Service Restaurant License;
(c) for a bar establishment sublicense, the provisions applicable to a bar establishment
license under Chapter 6, Part 4, Bar Establishment License;
(d) for an on-premise banquet sublicense, the provisions applicable to an on-premise
banquet license under Chapter 6, Part 6, On-Premise Banquet License;
(e) for an on-premise beer retailer sublicense, the provisions applicable to an
on-premise beer retailer license under Chapter 6, Part 7, On-Premise Beer Retailer License;
(f) for a beer-only restaurant sublicense, the provisions applicable to a beer-only
restaurant license under Chapter 6, Part 9, Beer-Only Restaurant License;
(g) for a hospitality amenity license, the provisions applicable to a hospitality amenity
license under Chapter 6, Part 10, Hospitality Amenity License; and
(h) for a spa sublicense, the provisions applicable to the sublicense under Chapter 8d,
Part 2, Spa Sublicense.
(98) (a) "Public building" means a building or permanent structure that is:
(i) owned or leased by:
(A) the state; or
(B) a local government entity; and
(ii) used for:
(A) public education;
(B) transacting public business; or
(C) regularly conducting government activities.
(b) "Public building" does not include a building owned by the state or a local
government entity when the building is used by a person, in whole or in part, for a proprietary
function.
(99) "Public conveyance" means a conveyance that the public or a portion of the public
has access to and a right to use for transportation, including an airline, railroad, bus, boat, or
other public conveyance.
(100) "Reception center" means a business that:
(a) operates facilities that are at least 5,000 square feet; and
(b) has as its primary purpose the leasing of the facilities described in Subsection
(100)(a) to a third party for the third party's event.
(101) "Reception center license" means a license issued in accordance with Chapter 5,
Retail License Act, and Chapter 6, Part 8, Reception Center License.
(102) (a) "Record" means information that is:
(i) inscribed on a tangible medium; or
(ii) stored in an electronic or other medium and is retrievable in a perceivable form.
(b) "Record" includes:
(i) a book;
(ii) a book of account;
(iii) a paper;
(iv) a contract;
(v) an agreement;
(vi) a document; or
(vii) a recording in any medium.
(103) "Residence" means a person's principal place of abode within Utah.
(104) "Resident," in relation to a resort, means the same as that term is defined in
Section 
32B-8-102
.
(105) "Resort" means the same as that term is defined in Section 
32B-8-102
.
(106) "Resort facility" is as defined by the commission by rule.
(107) "Resort license" means a license issued in accordance with Chapter 5, Retail
License Act, and Chapter 8, Resort License Act.
(108) "Responsible alcohol service plan" means a written set of policies and
procedures that outlines measures to prevent employees from:
(a) over-serving alcoholic beverages to customers;
(b) serving alcoholic beverages to customers who are actually, apparently, or obviously
intoxicated; and
(c) serving alcoholic beverages to minors.
(109) "Restaurant" means a business location:
(a) at which a variety of foods are prepared;
(b) at which complete meals are served; and
(c) that is engaged primarily in serving meals.
(110) "Restaurant license" means one of the following licenses issued under this title:
(a) a full-service restaurant license;
(b) a limited-service restaurant license; or
(c) a beer-only restaurant license.
(111) "Retail license" means one of the following licenses issued under this title:
(a) a full-service restaurant license;
(b) a master full-service restaurant license;
(c) a limited-service restaurant license;
(d) a master limited-service restaurant license;
(e) a bar establishment license;
(f) an airport lounge license;
(g) an on-premise banquet license;
(h) an on-premise beer license;
(i) a reception center license;
(j) a beer-only restaurant license;
(k) a hospitality amenity license;
(l) a resort license;
(m) a hotel license; or
(n) an arena license.
(112) "Room service" means furnishing an alcoholic product to a person in a guest
room or privately owned dwelling unit of a:
(a) hotel; or
(b) resort facility.
(113) (a) "School" means a building in which any part is used for more than three
hours each weekday during a school year as a public or private:
(i) elementary school;
(ii) secondary school; or
(iii) kindergarten.
(b) "School" does not include:
(i) a nursery school;
(ii) a day care center;
(iii) a trade and technical school;
(iv) a preschool; or
(v) a home school.
(114) "Secondary flavoring ingredient" means any spirituous liquor added to a
beverage for additional flavoring that is different in type, flavor, or brand from the primary
spirituous liquor in the beverage.
(115) "Sell" or "offer for sale" means a transaction, exchange, or barter whereby, for
consideration, an alcoholic product is either directly or indirectly transferred, solicited, ordered,
delivered for value, or by a means or under a pretext is promised or obtained, whether done by
a person as a principal, proprietor, or as staff, unless otherwise defined in this title or the rules
made by the commission.
(116) "Serve" means to place an alcoholic product before an individual.
(117) "Sexually oriented entertainer" means a person who while in a state of
seminudity appears at or performs:
(a) for the entertainment of one or more patrons;
(b) on the premises of:
(i) a bar licensee; or
(ii) a tavern;
(c) on behalf of or at the request of the licensee described in Subsection (117)(b);
(d) on a contractual or voluntary basis; and
(e) whether or not the person is designated as:
(i) an employee;
(ii) an independent contractor;
(iii) an agent of the licensee; or
(iv) a different type of classification.
(118) "Shared seating area" means the licensed premises of two or more restaurant
licensees that the restaurant licensees share as an area for alcoholic beverage consumption in
accordance with Subsection 
32B-5-207
(3).
(119) "Single event permit" means a permit issued in accordance with Chapter 9, Part
3, Single Event Permit.
(120) "Small brewer" means a brewer who manufactures less than 60,000 barrels of
beer, heavy beer, and flavored malt beverage per year, as the department calculates by:
(a) if the brewer is part of a controlled group of manufacturers, including the combined
volume totals of production for all breweries that constitute the controlled group of
manufacturers; and
(b) excluding beer, heavy beer, or flavored malt beverage the brewer:
(i) manufactures that is unfit for consumption as, or in, a beverage, as the commission
determines by rule made in accordance with Title 63G, Chapter 3, Utah Administrative
Rulemaking Act; and
(ii) does not sell for consumption as, or in, a beverage.
(121) "Small or unincorporated locality" means:
(a) a city of the third, fourth, or fifth class, as classified under Section 
10-2-301
;
(b) a town, as classified under Section 
10-2-301
; or
(c) an unincorporated area in a county of the third, fourth, or fifth class, as classified
under Section 
17-50-501
.
(122) "Spa sublicense" means a sublicense:
(a) to a resort license or hotel license; and
(b) that the commission issues in accordance with Chapter 8d, Part 2, Spa Sublicense.
(123) "Special use permit" means a permit issued in accordance with Chapter 10,
Special Use Permit Act.
(124) (a) "Spirituous liquor" means liquor that is distilled.
(b) "Spirituous liquor" includes an alcoholic product defined as a "distilled spirit" by
27 U.S.C. Sec. 211 and 27 C.F.R. Sec. 5.11 through 5.23.
(125) "Sports center" is as defined by the commission by rule.
(126) (a) "Staff" means an individual who engages in activity governed by this title:
(i) on behalf of a business, including a package agent, licensee, permittee, or certificate
holder;
(ii) at the request of the business, including a package agent, licensee, permittee, or
certificate holder; or
(iii) under the authority of the business, including a package agent, licensee, permittee,
or certificate holder.
(b) "Staff" includes:
(i) an officer;
(ii) a director;
(iii) an employee;
(iv) personnel management;
(v) an agent of the licensee, including a managing agent;
(vi) an operator; or
(vii) a representative.
(127) "State of nudity" means:
(a) the appearance of:
(i) the nipple or areola of a female human breast;
(ii) a human genital;
(iii) a human pubic area; or
(iv) a human anus; or
(b) a state of dress that fails to opaquely cover:
(i) the nipple or areola of a female human breast;
(ii) a human genital;
(iii) a human pubic area; or
(iv) a human anus.
(128) "State of seminudity" means a state of dress in which opaque clothing covers no
more than:
(a) the nipple and areola of the female human breast in a shape and color other than the
natural shape and color of the nipple and areola; and
(b) the human genitals, pubic area, and anus:
(i) with no less than the following at its widest point:
(A) four inches coverage width in the front of the human body; and
(B) five inches coverage width in the back of the human body; and
(ii) with coverage that does not taper to less than one inch wide at the narrowest point.
(129) (a) "State store" means a facility for the sale of packaged liquor:
(i) located on premises owned or leased by the state; and
(ii) operated by a state employee.
(b) "State store" does not include:
(i) a package agency;
(ii) a licensee; or
(iii) a permittee.
(130) (a) "Storage area" means an area on licensed premises where the licensee stores
an alcoholic product.
(b) "Store" means to place or maintain in a location an alcoholic product.
(131) "Sublicense" means:
(a) any of the following licenses issued as a subordinate license to, and contingent on
the issuance of, a principal license:
(i) a full-service restaurant license;
(ii) a limited-service restaurant license;
(iii) a bar establishment license;
(iv) an on-premise banquet license;
(v) an on-premise beer retailer license;
(vi) a beer-only restaurant license; or
(vii) a hospitality amenity license; or
(b) a spa sublicense.
(132) "Supplier" means a person who sells an alcoholic product to the department.
(133) "Tavern" means an on-premise beer retailer who is:
(a) issued a license by the commission in accordance with Chapter 5, Retail License
Act, and Chapter 6, Part 7, On-Premise Beer Retailer License; and
(b) designated by the commission as a tavern in accordance with Chapter 6, Part 7,
On-Premise Beer Retailer License.
(134) "Temporary beer event permit" means a permit issued in accordance with
Chapter 9, Part 4, Temporary Beer Event Permit.
(135) "Temporary domicile" means the principal place of abode within Utah of a
person who does not have a present intention to continue residency within Utah permanently or
indefinitely.
(136) "Translucent" means a substance that allows light to pass through, but does not
allow an object or person to be seen through the substance.
(137) "Unsaleable liquor merchandise" means a container that:
(a) is unsaleable because the container is:
(i) unlabeled;
(ii) leaky;
(iii) damaged;
(iv) difficult to open; or
(v) partly filled;
(b) (i) has faded labels or defective caps or corks;
(ii) has contents that are:
(A) cloudy;
(B) spoiled; or
(C) chemically determined to be impure; or
(iii) contains:
(A) sediment; or
(B) a foreign substance; or
(c) is otherwise considered by the department as unfit for sale.
(138) (a) "Wine" means an alcoholic product obtained by the fermentation of the
natural sugar content of fruits, plants, honey, or milk, or other like substance, whether or not
another ingredient is added.
(b) "Wine" includes:
(i) an alcoholic beverage defined as wine under 27 U.S.C. Sec. 211 and 27 C.F.R. Sec.
4.10; and
(ii) hard cider.
(c) "Wine" is considered liquor for purposes of this title, except as otherwise provided
in this title.
(139) "Winery manufacturing license" means a license issued in accordance with
Chapter 11, Part 3, Winery Manufacturing License.
Section 18. Section 
32B-1-703
 is amended to read:
32B-1-703.
Alcohol training and education for off-premise consumption.
(1) (a) A local authority that issues an off-premise beer retailer license to a business to
sell beer at retail for off-premise consumption shall require the following to have a valid record
that the individual completed an alcohol training and education seminar in the time periods
required by Subsection (1)(b):
(i) an off-premise retail manager; or
(ii) off-premise retail staff.
(b) If an individual on the date the individual becomes staff to an off-premise beer
retailer does not have a valid record that the individual has completed an alcohol training and
education seminar for purposes of this part, the individual shall complete an alcohol training
and education seminar within 30 days of the day on which the individual becomes staff of an
off-premise beer retailer.
(c) Section [
62A-15-401
] 
26B-5-205
 governs the validity of a record that an individual
has completed an alcohol training and education seminar required by this part.
(2) In accordance with Section 
32B-1-702
, a local authority may immediately suspend
the license of an off-premise beer retailer that allows an individual to work as an off-premise
retail manager without having a valid record that the individual completed an alcohol training
and education seminar in accordance with Subsection (1).
Section 19. Section 
32B-2-208
 is amended to read:
32B-2-208.
Services of State Health Laboratory.
The State Health Laboratory shall make its services available to the department when
necessary. The department shall pay for the services from the Liquor Control Fund to the
Department of Health 
and Human Services
.
Section 20. Section 
32B-10-702
 is amended to read:
32B-10-702.
Definitions.
As used in this part, "health care facility" means a facility that is licensed by the
Department of Health 
and Human Services
 under [
Title 26, Chapter 21, Health Care Facility
Licensing and Inspection Act
] 
Title 26B, Chapter 2, Part 2, Health Care Facility Licensing and
Inspection
.
Section 21. Section 
34-55-102
 is amended to read:
34-55-102.
Definitions.
(1) "Emergency" means a condition in any part of this state that requires state
government emergency assistance to supplement the local efforts of the affected political
subdivision to save lives and to protect property, public health, welfare, or safety in the event
of a disaster, or to avoid or reduce the threat of a disaster.
(2) "Emergency services volunteer" means:
(a) a volunteer firefighter as defined in Section 
49-16-102
;
(b) an individual licensed under Section [
26-8a-302
] 
26B-4-116
; or
(c) an individual mobilized as part of a posse comitatus.
(3) "Employer" means a person, including the state or a political subdivision of the
state, that has one or more workers employed in the same business, or in or about the same
establishment, under any contract of hire, express or implied, oral or written.
(4) "Public safety agency" means a governmental entity that provides fire protection,
law enforcement, ambulance, medical, or other emergency services.
Section 22. Section 
34A-2-102
 is amended to read:
34A-2-102.
Definitions.
(1) As used in this chapter:
(a) "Average weekly wages" means the average weekly wages as determined under
Section 
34A-2-409
.
(b) "Award" means a final order of the commission as to the amount of compensation
due:
(i) an injured employee; or
(ii) a dependent of a deceased employee.
(c) "Compensation" means the payments and benefits provided for in this chapter or
Chapter 3, Utah Occupational Disease Act.
(d) (i) "Decision" means a ruling of:
(A) an administrative law judge; or
(B) in accordance with Section 
34A-2-801
:
(I) the commissioner; or
(II) the Appeals Board.
(ii) "Decision" includes:
(A) an award or denial of a medical, disability, death, or other related benefit under this
chapter or Chapter 3, Utah Occupational Disease Act; or
(B) another adjudicative ruling in accordance with this chapter or Chapter 3, Utah
Occupational Disease Act.
(e) "Director" means the director of the division, unless the context requires otherwise.
(f) "Disability" means an administrative determination that may result in an entitlement
to compensation as a consequence of becoming medically impaired as to function. Disability
can be total or partial, temporary or permanent, industrial or nonindustrial.
(g) "Division" means the Division of Industrial Accidents.
(h) "First responder" means:
(i) a law enforcement officer, as defined in Section 
53-13-103
;
(ii) an emergency medical technician, as defined in Section [
26-8c-102
] 
26B-4-137
;
(iii) an advanced emergency medical technician, as defined in Section [
26-8c-102
]
26B-4-137
;
(iv) a paramedic, as defined in Section [
26-8c-102
] 
26B-4-137
;
(v) a firefighter, as defined in Section 
34A-3-113
;
(vi) a dispatcher, as defined in Section 
53-6-102
; or
(vii) a correctional officer, as defined in Section 
53-13-104
.
(i) "Impairment" is a purely medical condition reflecting an anatomical or functional
abnormality or loss. Impairment may be either temporary or permanent, industrial or
nonindustrial.
(j) "Order" means an action of the commission that determines the legal rights, duties,
privileges, immunities, or other interests of one or more specific persons, but not a class of
persons.
(k) (i) "Personal injury by accident arising out of and in the course of employment"
includes an injury caused by the willful act of a third person directed against an employee
because of the employee's employment.
(ii) "Personal injury by accident arising out of and in the course of employment" does
not include a disease, except as the disease results from the injury.
(l) "Safe" and "safety," as applied to employment or a place of employment, means the
freedom from danger to the life or health of employees reasonably permitted by the nature of
the employment.
(2) As used in this chapter and Chapter 3, Utah Occupational Disease Act:
(a) "Brother or sister" includes a half brother or sister.
(b) "Child" includes:
(i) a posthumous child; or
(ii) a child legally adopted prior to an injury.
Section 23. Section 
34A-2-111
 is amended to read:
34A-2-111.
Managed health care programs -- Other safety programs.
(1) As used in this section:
(a) (i) "Health care provider" means a person who furnishes treatment or care to
persons who have suffered bodily injury.
(ii) "Health care provider" includes:
(A) a hospital;
(B) a clinic;
(C) an emergency care center;
(D) a physician;
(E) a nurse;
(F) a nurse practitioner;
(G) a physician's assistant;
(H) a paramedic; or
(I) an emergency medical technician.
(b) "Physician" means any health care provider licensed under:
(i) Title 58, Chapter 5a, Podiatric Physician Licensing Act;
(ii) Title 58, Chapter 24b, Physical Therapy Practice Act;
(iii) Title 58, Chapter 67, Utah Medical Practice Act;
(iv) Title 58, Chapter 68, Utah Osteopathic Medical Practice Act;
(v) Title 58, Chapter 69, Dentist and Dental Hygienist Practice Act;
(vi) Title 58, Chapter 70a, Utah Physician Assistant Act;
(vii) Title 58, Chapter 71, Naturopathic Physician Practice Act;
(viii) Title 58, Chapter 72, Acupuncture Licensing Act;
(ix) Title 58, Chapter 73, Chiropractic Physician Practice Act; and
(x) Title 58, Chapter 31b, Nurse Practice Act, as an advanced practice registered nurse.
(c) "Preferred health care facility" means a facility:
(i) that is a health care facility as defined in Section [
26-21-2
] 
26B-2-201
; and
(ii) designated under a managed health care program.
(d) "Preferred provider physician" means a physician designated under a managed
health care program.
(e) "Self-insured employer" is as defined in Section 
34A-2-201.5
.
(2) (a) A self-insured employer and insurance carrier may adopt a managed health care
program to provide employees the benefits of this chapter or Chapter 3, Utah Occupational
Disease Act, beginning January 1, 1993. The plan shall comply with this Subsection (2).
(b) (i) A preferred provider program may be developed if the preferred provider
program allows a selection by the employee of more than one physician in the health care
specialty required for treating the specific problem of an industrial patient.
(ii) (A) Subject to the requirements of this section, if a preferred provider program is
developed by an insurance carrier or self-insured employer, an employee is required to use:
(I) preferred provider physicians; and
(II) preferred health care facilities.
(B) If a preferred provider program is not developed, an employee may have free
choice of health care providers.
(iii) The failure to do the following may, if the employee has been notified of the
preferred provider program, result in the employee being obligated for any charges in excess of
the preferred provider allowances:
(A) use a preferred health care facility; or
(B) initially receive treatment from a preferred provider physician.
(iv) Notwithstanding the requirements of Subsections (2)(b)(i) through (iii), a
self-insured employer or other employer may:
(A) (I) (Aa) have its own health care facility on or near its worksite or premises; and
(Bb) continue to contract with other health care providers; or
(II) operate a health care facility; and
(B) require employees to first seek treatment at the provided health care or contracted
facility.
(v) An employee subject to a preferred provider program or employed by an employer
having its own health care facility may procure the services of any qualified health care
provider:
(A) for emergency treatment, if a physician employed in the preferred provider
program or at the health care facility is not available for any reason;
(B) for conditions the employee in good faith believes are nonindustrial; or
(C) when an employee living in a rural area would be unduly burdened by traveling to:
(I) a preferred provider physician; or
(II) a preferred health care facility.
(c) (i) (A) An employer, insurance carrier, or self-insured employer may enter into
contracts with the following for the purposes listed in Subsection (2)(c)(i)(B):
(I) health care providers;
(II) medical review organizations; or
(III) vendors of medical goods, services, and supplies including medicines.
(B) A contract described in Subsection (2)(c)(i)(A) may be made for the following
purposes:
(I) insurance carriers or self-insured employers may form groups in contracting for
managed health care services with health care providers;
(II) peer review;
(III) methods of utilization review;
(IV) use of case management;
(V) bill audit;
(VI) discounted purchasing; and
(VII) the establishment of a reasonable health care treatment protocol program
including the implementation of medical treatment and quality care guidelines that are:
(Aa) scientifically based;
(Bb) peer reviewed; and
(Cc) consistent with standards for health care treatment protocol programs that the
commission shall establish by rules made in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act, including the authority of the commission to approve a health
care treatment protocol program before it is used or disapprove a health care treatment protocol
program that does not comply with this Subsection (2)(c)(i)(B)(VII).
(ii) An insurance carrier may make any or all of the factors in Subsection (2)(c)(i) a
condition of insuring an entity in its insurance contract.
(3) (a) In addition to a managed health care program, an insurance carrier may require
an employer to establish a work place safety program if the employer:
(i) has an experience modification factor of 1.00 or higher, as determined by the
National Council on Compensation Insurance; or
(ii) is determined by the insurance carrier to have a three-year loss ratio of 100% or
higher.
(b) A workplace safety program may include:
(i) a written workplace accident and injury reduction program that:
(A) promotes safe and healthful working conditions; and
(B) is based on clearly stated goals and objectives for meeting those goals; and
(ii) a documented review of the workplace accident and injury reduction program each
calendar year delineating how procedures set forth in the program are met.
(c) A written workplace accident and injury reduction program permitted under
Subsection (3)(b)(i) should describe:
(i) how managers, supervisors, and employees are responsible for implementing the
program;
(ii) how continued participation of management will be established, measured, and
maintained;
(iii) the methods used to identify, analyze, and control new or existing hazards,
conditions, and operations;
(iv) how the program will be communicated to all employees so that the employees are
informed of work-related hazards and controls;
(v) how workplace accidents will be investigated and corrective action implemented;
and
(vi) how safe work practices and rules will be enforced.
(d) For the purposes of a workplace accident and injury reduction program of an
eligible employer described in Subsection 
34A-2-103
(7)(f), the workplace accident and injury
reduction program shall:
(i) include the provisions described in Subsections (3)(b) and (c), except that the
employer shall conduct a documented review of the workplace accident and injury reduction
program at least semiannually delineating how procedures set forth in the workplace accident
and injury reduction program are met; and
(ii) require a written agreement between the employer and all contractors and
subcontractors on a project that states that:
(A) the employer has the right to control the manner or method by which the work is
executed;
(B) if a contractor, subcontractor, or any employee of a contractor or subcontractor
violates the workplace accident and injury reduction program, the employer maintains the right
to:
(I) terminate the contract with the contractor or subcontractor;
(II) remove the contractor or subcontractor from the work site; or
(III) require that the contractor or subcontractor not permit an employee that violates
the workplace accident and injury reduction program to work on the project for which the
employer is procuring work; and
(C) the contractor or subcontractor shall provide safe and appropriate equipment
subject to the right of the employer to:
(I) inspect on a regular basis the equipment of a contractor or subcontractor; and
(II) require that the contractor or subcontractor repair, replace, or remove equipment
the employer determines not to be safe or appropriate.
(4) The premiums charged to any employer who fails or refuses to establish a
workplace safety program pursuant to Subsection (3)(b)(i) or (ii) may be increased by 5% over
any existing current rates and premium modifications charged that employer.
Section 24. Section 
34A-2-417
 is amended to read:
34A-2-417.
Claims and benefits -- Time limits for filing -- Burden of proof.
(1) (a) Except with respect to prosthetic devices or in a permanent total disability case,
an employee is entitled to be compensated for a medical expense if:
(i) the medical expense is:
(A) reasonable in amount; and
(B) necessary to treat the industrial accident; and
(ii) the employee submits or makes a reasonable attempt to submit the medical
expense:
(A) to the employee's employer or insurance carrier for payment; and
(B) within one year from the later of:
(I) the day on which the medical expense is incurred; or
(II) the day on which the employee knows or in the exercise of reasonable diligence
should have known that the medical expense is related to the industrial accident.
(b) For an industrial accident that occurs on or after July 1, 1988, and is the basis of a
claim for a medical expense, an employee is entitled to be compensated for the medical
expense if the employee meets the requirements of Subsection (1)(a).
(2) (a) A claim described in Subsection (2)(b) is barred, unless the employee:
(i) files an application for hearing with the Division of Adjudication no later than six
years from the date of the accident; and
(ii) by no later than 12 years from the date of the accident, is able to meet the
employee's burden of proving that the employee is due the compensation claimed under this
chapter.
(b) Subsection (2)(a) applies to a claim for compensation for:
(i) temporary total disability benefits;
(ii) temporary partial disability benefits;
(iii) permanent partial disability benefits; or
(iv) permanent total disability benefits.
(c) The commission may enter an order awarding or denying an employee's claim for
compensation under this chapter within a reasonable time period beyond 12 years from the date
of the accident, if:
(i) the employee complies with Subsection (2)(a); and
(ii) 12 years from the date of the accident:
(A) (I) the employee is fully cooperating in a commission approved reemployment
plan; and
(II) the results of that commission approved reemployment plan are not known; or
(B) the employee is actively adjudicating issues of compensability before the
commission.
(3) A claim for death benefits is barred unless an application for hearing is filed within
one year of the date of death of the employee.
(4) (a) (i) Subject to Subsections (2)(c) and (4)(b), after an employee files an
application for hearing within six years from the date of the accident, the Division of
Adjudication may enter an order to show cause why the employee's claim should not be
dismissed because the employee has failed to meet the employee's burden of proof to establish
an entitlement to compensation claimed in the application for hearing.
(ii) The order described in Subsection (4)(a)(i) may be entered on the motion of the:
(A) Division of Adjudication;
(B) employee's employer; or
(C) employer's insurance carrier.
(b) Under Subsection (4)(a), the Division of Adjudication may dismiss a claim:
(i) without prejudice; or
(ii) with prejudice only if:
(A) the Division of Adjudication adjudicates the merits of the employee's entitlement
to the compensation claimed in the application for hearing; or
(B) the employee fails to comply with Subsection (2)(a)(ii).
(c) If a claim is dismissed without prejudice under Subsection (4)(b), the employee is
subject to the time limits under Subsection (2)(a) to claim compensation under this chapter.
(5) A claim for compensation under this chapter is subject to a claim or lien for
recovery under Section [
26-19-401
] 
26B-3-1009
.
Section 25. Section 
34A-2-418
 is amended to read:
34A-2-418.
Awards -- Medical, nursing, hospital, and burial expenses -- Artificial
means and appliances.
(1) In addition to the compensation provided in this chapter or Chapter 3, Utah
Occupational Disease Act, and subject to Subsection 
34A-2-407
(11), the employer or the
insurance carrier shall pay reasonable sums for medical, nurse, and hospital services, for
medicines, and for artificial means, appliances, and prostheses necessary to treat the injured
employee.
(2) The employer and the insurance carrier are not required to pay or reimburse for
cannabis, a cannabis product, or a medical cannabis device, as those terms are defined in
Section [
26-61a-102
] 
26B-4-201
.
(3) If death results from the injury, the employer or the insurance carrier shall pay the
burial expenses in ordinary cases as established by rule.
(4) If a compensable accident results in the breaking of or loss of an employee's
artificial means or appliance including eyeglasses, the employer or insurance carrier shall
provide a replacement of the artificial means or appliance.
(5) An administrative law judge may require the employer or insurance carrier to
maintain the artificial means or appliances or provide the employee with a replacement of any
artificial means or appliance for the reason of breakage, wear and tear, deterioration, or
obsolescence.
(6) An administrative law judge may, in unusual cases, order, as the administrative law
judge considers just and proper, the payment of additional sums:
(a) for burial expenses; or
(b) to provide for artificial means or appliances.
Section 26. Section 
34A-2-422
 is amended to read:
34A-2-422.
Compensation exempt from execution -- Transfer of payment rights.
(1) For purposes of this section:
(a) "Payment rights under workers' compensation" means the right to receive
compensation under this chapter or Chapter 3, Utah Occupational Disease Act, including the
payment of a workers' compensation claim, award, benefit, or settlement.
(b) (i) Subject to Subsection (1)(b)(ii), "transfer" means:
(A) a sale;
(B) an assignment;
(C) a pledge;
(D) an hypothecation; or
(E) other form of encumbrance or alienation for consideration.
(ii) "Transfer" does not include the creation or perfection of a security interest in a right
to receive a payment under a blanket security agreement entered into with an insured
depository institution, in the absence of any action to:
(A) redirect the payments to:
(I) the insured depository institution; or
(II) an agent or successor in interest to the insured depository institution; or
(B) otherwise enforce a blanket security interest against the payment rights.
(2) Compensation before payment:
(a) is exempt from:
(i) all claims of creditors; and
(ii) attachment or execution; and
(b) shall be paid only to employees or their dependents, except as provided in Sections
[
26-19-401
] 
26B-3-1009
 and 
34A-2-417
.
(3) (a) Subject to Subsection (3)(b), beginning April 30, 2007, a person may not:
(i) transfer payment rights under workers' compensation; or
(ii) accept or take any action to provide for a transfer of payment rights under workers'
compensation.
(b) A person may take an action prohibited under Subsection (3)(a) if the commission
approves the transfer of payment rights under workers' compensation:
(i) before the transfer of payment rights under workers' compensation takes effect; and
(ii) upon a determination by the commission that:
(A) the person transferring the payment rights under workers' compensation received
before executing an agreement to transfer those payment rights:
(I) adequate notice that the transaction involving the transfer of payment rights under
workers' compensation involves the transfer of those payment rights; and
(II) an explanation of the financial consequences of and alternatives to the transfer of
payment rights under workers' compensation in sufficient detail that the person transferring the
payment rights under workers' compensation made an informed decision to transfer those
payment rights; and
(B) the transfer of payment rights under workers' compensation is in the best interest of
the person transferring the payment rights under workers' compensation taking into account the
welfare and support of that person's dependents.
(c) The approval by the commission of the transfer of a person's payment rights under
workers' compensation is a full and final resolution of the person's payment rights under
workers' compensation that are transferred:
(i) if the commission approves the transfer of the payment rights under workers'
compensation in accordance with Subsection (3)(b); and
(ii) once the person no longer has a right to appeal the decision in accordance with this
title.
Section 27. Section 
34A-3-201
 is amended to read:
34A-3-201.
Definitions.
(1) As used in this part:
(a) "COVID-19" means the disease caused by severe acute respiratory syndrome
coronavirus 2.
(b) "First responder" means:
(i) a first responder as defined in Section 
34A-2-102
;
(ii) an individual employed by:
(A) a health care facility as defined in Section [
26-21-2
] 
26B-2-201
;
(B) an office of a physician, chiropractor, or dentist;
(C) a nursing home;
(D) a retirement facility;
(E) a home health care provider;
(F) a pharmacy;
(G) a facility that performs laboratory or medical testing on human specimens; or
(H) an entity similar to the entities listed in Subsections (1)(b)(ii)(A) through (G);
(iii) an individual employed by, working with, or working at the direction of a local
health department; or
(iv) a volunteer, as defined in Section 
67-20-2
, providing services to a local health
department in accordance with Title 67, Chapter 20, Volunteer Government Workers Act.
(c) "Physician" means an individual licensed under:
(i) Title 58, Chapter 67, Utah Medical Practice Act;
(ii) Title 58, Chapter 68, Utah Osteopathic Medical Practice Act;
(iii) Title 58, Chapter 70a, Utah Physician Assistant Act; or
(iv) Title 58, Chapter 31b, Nurse Practice Act, as an advanced practice registered
nurse.
(d) "Utah minimum wage" means the highest wage designated as Utah's minimum
wage under Title 34, Chapter 40, Utah Minimum Wage Act.
(2) For purposes of this part, an individual is diagnosed with COVID-19 if the
individual:
(a) through laboratory testing of a specimen the individual provides, tests positive for
the virus that causes COVID-19; and
(b) is diagnosed with COVID-19 by a physician.
Section 28. Section 
34A-11-102
 is amended to read:
34A-11-102.
Restrictions on employers.
With respect to matters related to genetic testing and private genetic information, an
employer shall comply with Section [
26-45-103
] 
13-60-204
 and the other applicable provisions
of [
Title 26, Chapter 45
] 
Title 13, Chapter 60, Part 2
, Genetic Testing and Procedure Privacy
Act.
Section 29. Section 
35A-1-102
 is amended to read:
35A-1-102.
Definitions.
Unless otherwise specified, as used in this title:
(1) "Client" means an individual who the department has determined to be eligible for
services or benefits under:
(a) Chapter 3, Employment Support Act; and
(b) Chapter 5, Training and Workforce Improvement Act.
(2) "Department" means the Department of Workforce Services created in Section
35A-1-103
.
(3) "Economic service area" means an economic service area established in accordance
with Chapter 2, Economic Service Areas.
(4) "Employment assistance" means services or benefits provided by the department
under:
(a) Chapter 3, Employment Support Act; and
(b) Chapter 5, Training and Workforce Improvement Act.
(5) "Employment center" is a location in an economic service area where the services
provided by an economic service area under Section 
35A-2-201
 may be accessed by a client.
(6) "Employment counselor" means an individual responsible for developing an
employment plan and coordinating the services and benefits under this title in accordance with
Chapter 2, Economic Service Areas.
(7) "Employment plan" means a written agreement between the department and a client
that describes:
(a) the relationship between the department and the client;
(b) the obligations of the department and the client; and
(c) the result if an obligation is not fulfilled by the department or the client.
(8) "Executive director" means the executive director of the department appointed
under Section 
35A-1-201
.
(9) "Government entity" means the state or any county, municipality, local district,
special service district, or other political subdivision or administrative unit of the state, a state
institution of higher education as defined in Section 
53B-2-101
, or a local education agency as
defined in Section 
53G-7-401
.
(10) "Public assistance" means:
(a) services or benefits provided under Chapter 3, Employment Support Act;
(b) medical assistance provided under [
Title 26, Chapter 18, Medical Assistance Act
]
Title 26B, Chapter 3, Health Care - Administration and Assistance
;
(c) foster care maintenance payments provided from the General Fund or under Title
IV-E of the Social Security Act;
(d) SNAP benefits; and
(e) any other public funds expended for the benefit of a person in need of financial,
medical, food, housing, or related assistance.
(11) "SNAP" means the federal "Supplemental Nutrition Assistance Program" under
Title 7, U.S.C. Chapter 51, Supplemental Nutrition Assistance Program, formerly known as the
federal Food Stamp Program.
(12) "SNAP benefit" or "SNAP benefits" means a financial benefit, coupon, or
privilege available under SNAP.
(13) "Stabilization" means addressing the basic living, family care, and social or
psychological needs of the client so that the client may take advantage of training or
employment opportunities provided under this title or through other agencies or institutions.
(14) "Vulnerable populations" means children or adults with a life situation that
substantially affects that individual's ability to:
(a) provide personal protection;
(b) provide necessities such as food, shelter, clothing, or mental or other health care;
(c) obtain services necessary for health, safety, or welfare;
(d) carry out the activities of daily living;
(e) manage the adult's own financial resources; or
(f) comprehend the nature and consequences of remaining in a situation of abuse,
neglect, or exploitation.
Section 30. Section 
35A-3-103
 is amended to read:
35A-3-103.
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) administer the Medicaid Eligibility Quality Control function in accordance with
42 C.F.R. Sec. 431.812; and
(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
] 
Title 26B, Chapter 3, Health Care -
Administration and Assistance
; or
(b) [
Title 26, Chapter 40, Utah Children's Health Insurance Act
] 
Title 26B, Chapter 3,
Part 9, Utah Children's Health Insurance Program
.
Section 31. Section 
35A-3-207
 is amended to read:
35A-3-207.
Community-based prevention programs.
(1) As used in this section:
(a) "political subdivision" means a town, city, county, or school district;
(b) "qualified sponsor" means a:
(i) political subdivision;
(ii) community nonprofit, religious, or charitable organization;
(iii) regional or statewide nonprofit organization; or
(iv) private for profit or nonprofit child care organization with experience and expertise
in operating community-based prevention programs described in Subsection (2) and that are
licensed under [
Title 62A, Chapter 2, Licensure of Programs and Facilities
] 
Title 26B, Chapter
2, Part 1, Human Services Programs and Facilities
.
(2) Within appropriations from the Legislature, the department may provide grants to
qualified sponsors for community-based prevention programs that:
(a) support parents in their primary care giving role to children;
(b) provide positive alternatives to idleness for school-aged children when school is not
in session; and
(c) support other community-based prevention programs.
(3) In awarding a grant under this section, the department shall:
(a) request proposals for funding from potential qualified sponsors; and
(b) ensure that each dollar of funds from political subdivisions or private funds is
matched for each dollar received from the department.
(4) In meeting the matching requirements under Subsection (3), the department may
consider the value of in-kind contributions, including materials, supplies, paid labor, volunteer
labor, and the incremental increase in building maintenance and operation expenses incurred
attributable to the prevention program.
(5) In awarding a grant under this section, the department shall consider:
(a) the cash portion of the proposed match in relation to the financial resources of the
qualified sponsor; and
(b) the extent to which the qualified sponsor has:
(i) consulted and collaborated with parents of children who are likely to participate,
local parent-teacher organizations, and other parent organizations;
(ii) identified at-risk factors that will be addressed through the proposed prevention
program;
(iii) identified protective factors and developmental assets that will be supported and
strengthened through the proposed prevention program; and
(iv) encouraged the financial support of parents and the organizations described in
Subsection (5)(b)(i).
(6) The department shall award at least 50% of the grants under this section to
organizations described in Subsection (1)(b)(iv).
(7) The department may not allow the use of federal funds as matching funds under
this act.
Section 32. Section 
35A-3-212
 is amended to read:
35A-3-212.
Use of COVID-19 relief funds -- Grants to child care providers --
Reporting requirements.
(1) As used in this section:
(a) "COVID-19 relief funds" means federal funds provided to the office under:
(i) the American Rescue Plan Act, Pub. L. No. 117-2;
(ii) the Coronavirus Aid, Relief, and Economic Security Act, Pub. L. No. 116-136; or
(iii) the Coronavirus Response and Relief Supplemental Appropriations Act, Pub. L.
No. 116-260.
(b) "Eligible child care provider" means:
(i) a child care provider that enters into a contract with an employer to provide child
care for the employer's employees, either on-site or off-site of the employer's place of business;
or
(ii) a regulated residential child care provider.
(c) (i) "Employer" means:
(A) a public employer;
(B) a private employer; or
(C) a cooperative organized for the purpose of providing child care for members'
employees.
(ii) "Employer" includes a local education agency, as defined in Section 
53E-1-102
.
(d) "Regulated residential child care provider" means a person who holds a license or
certificate from the Department of Health and Human Services to provide residential child care
in accordance with [
Title 26, Chapter 39, Utah Child Care Licensing Act
] 
Title 26B, Chapter 2,
Part 4, Child Care Licensing
.
(2) (a) Subject to availability of funds and requirements under applicable federal law,
the office shall use COVID-19 relief funds to provide grants to eligible child care providers to
assist in paying start-up costs associated with the provision of child care.
(b) The office shall make rules, in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act, to establish criteria and procedures for applying for and
awarding grants under this Subsection (2).
(3) In fiscal years 2022 through 2024, the office shall submit to the department, for
inclusion in the department's annual written report described in Section 
35A-1-109
, an annual
report that provides:
(a) a complete accounting of the COVID-19 relief funds expended by the office during
the previous fiscal year;
(b) a description of the services, projects, and programs funded by the office with
COVID-19 relief funds during the previous fiscal year, including the amount of COVID-19
relief funds allocated to each service, project, or program; and
(c) information regarding the outcomes and effectiveness of the services, projects, and
programs funded by the office with COVID-19 relief funds during the previous fiscal year.
Section 33. Section 
35A-3-308
 is amended to read:
35A-3-308.
Adoption services -- Printed information -- Supports provided.
(1) The department may provide assistance under this section to an applicant who is
pregnant and is not receiving cash assistance at the beginning of the third trimester of
pregnancy.
(2) For a pregnant applicant, the department shall:
(a) refer the applicant for appropriate prenatal medical care, including maternal health
services provided under [
Title 26, Chapter 10, Family Health Services
] 
Title 26B, Chapter 7,
Part 1, Health Promotion and Risk Reduction
;
(b) inform the applicant of free counseling about adoption from licensed child
placement agencies and licensed attorneys; and
(c) offer the applicant the adoption information packet described in Subsection (3).
(3) The department shall publish an adoption information packet that:
(a) is easy to understand;
(b) contains geographically indexed materials on the public and private organizations
that provide adoption assistance;
(c) lists the names, addresses, and telephone numbers of licensed child placement
agencies and licensed attorneys who place children for adoption;
(d) explains that private adoption is legal and that the law permits adoptive parents to
reimburse the costs of prenatal care, childbirth, neonatal care, and other expenses related to
pregnancy; and
(e) describes the services available to the applicant under this section.
(4) (a) A recipient remains eligible for assistance under this section, even though the
recipient relinquishes a child for adoption, if the adoption is in accordance with Sections
78B-6-120
 through 
78B-6-122
.
(b) The assistance provided under this section may include:
(i) reimbursement for expenses associated with care and confinement during pregnancy
as provided in Subsection (5); and
(ii) for a maximum of 12 months from the date of relinquishment, coordination of
services to assist the recipient in:
(A) receiving appropriate educational and occupational assessment and planning;
(B) enrolling in appropriate education or training programs, including high school
completion and adult education programs;
(C) enrolling in programs that provide assistance with job readiness, employment
counseling, finding employment, and work skills;
(D) finding suitable housing;
(E) receiving medical assistance, under [
Title 26, Chapter 18, Medical Assistance Act
]
Title 26B, Chapter 3, Health Care - Administration and Assistance
, if the recipient is otherwise
eligible; and
(F) receiving counseling and other mental health services.
(5) (a) Except as provided in Subsection (5)(b), a recipient under this section is eligible
to receive an amount equal to the maximum monthly amount of cash assistance paid under this
part to one person for up to 12 consecutive months from the date of relinquishment.
(b) If a recipient is otherwise eligible to receive cash assistance under this part, the
recipient is eligible to receive an amount equal to the increase in cash assistance the recipient
would have received but for the relinquishment for up to 12 consecutive months from the date
of relinquishment.
(6) (a) To remain eligible for assistance under this section, a recipient shall:
(i) with the cooperation of the department, develop and implement an employment plan
that includes goals for achieving self-sufficiency and that describes the action the recipient will
take concerning education and training to achieve full-time employment;
(ii) if the recipient does not have a high school diploma, enroll in high school or an
alternative to high school and demonstrate progress toward graduation; and
(iii) make a good faith effort to meet the goals of the employment plan as described in
Section 
35A-3-304
.
(b) Cash assistance provided to a recipient before the recipient relinquishes a child for
adoption is part of the state plan.
(c) Assistance provided under Subsection (5):
(i) shall be provided for with state funds; and
(ii) may not be counted when determining subsequent eligibility for cash assistance
under this chapter.
(d) The time limit provisions of Section 
35A-3-306
 apply to cash assistance provided
under the state plan.
(e) The department shall monitor a recipient's compliance with this section.
(f) Except for Subsection (6)(b), Subsections (2) through (6) are excluded from the
state plan.
Section 34. Section 
35A-3-401
 is amended to read:
35A-3-401.
General Assistance.
(1) (a) The department may provide General Assistance to individuals who are:
(i) not receiving cash assistance under Part 3, Family Employment Program, or
Supplemental Security Income; and
(ii) unemployable according to standards established by the department.
(b) (i) General Assistance described in Subsection (1)(a) may include payment in cash
or in kind.
(ii) The department may provide General Assistance up to an amount that is no more
than the existing payment level for an otherwise similarly situated recipient receiving cash
assistance under Part 3, Family Employment Program.
(iii) Funding for General Assistance is nonlapsing.
(c) The department shall establish asset limitations for a General Assistance applicant.
(d) (i) General Assistance may be granted to meet special nonrecurrent needs of an
applicant for the federal Supplemental Security Income for the Aged, Blind, and Disabled
program provided under 20 C.F.R. Sec. 416, if the applicant agrees to reimburse the
department for assistance advanced to the applicant while awaiting the determination of
eligibility by the Social Security Administration.
(ii) (A) Reimbursements to the department described in Subsection (1)(d)(i) up to and
including $250,000 collected in a fiscal year shall be used by the department to administer the
General Assistance program and provide General Assistance to eligible applicants.
(B) Reimbursements to the department described in Subsection (1)(d)(i) over $250,000
collected in a fiscal year shall be deposited into the General Fund.
(iii) General Assistance payments may not be made to a recipient currently receiving:
(A) cash assistance; or
(B) Supplemental Security Income for the Aged, Blind, and Disabled.
(e) (i) General Assistance may be used for the reasonable cost of burial for a recipient
if heirs or relatives are not financially able to assume this expense.
(ii) Notwithstanding Subsection (1)(e)(i), if the body of a person is unclaimed, Section
[
26-4-25
] 
26B-8-225
 applies.
(iii) The department shall fix the cost of a reasonable burial and conditions under
which burial expenditures may be made.
(2) The department may cooperate with any governmental unit or agency, or any
private nonprofit agency, in establishing work projects to provide employment for employable
persons.
Section 35. Section 
35A-3-603
 is amended to read:
35A-3-603.
Civil liability for overpayment.
(1) A provider, recipient, or other person who receives an overpayment shall,
regardless of fault, return the overpayment or repay its value to the department immediately:
(a) upon receiving written notice of the overpayment from the department; or
(b) upon discovering the overpayment, if that occurs before receiving notice.
(2) (a) Except as provided under Subsection (2)(b), interest on the unreturned balance
of the overpayment shall accrue at the rate of 1% a month.
(b) If the overpayment was not the fault of the person receiving it, that person is not
liable for interest on the unreturned balance.
(c) In accordance with federal law and rules made by the department in accordance
with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, an overpayment may be
recovered through deductions from cash assistance, General Assistance, SNAP benefits, other
cash-related assistance provided to a recipient under this chapter, or other means provided by
federal law.
(3) A person who knowingly assists a recipient, provider, or other person in obtaining
an overpayment is jointly and severally liable for the overpayment.
(4) (a) In proving civil liability for overpayment under this section, or Section
35A-3-605
, when fault is alleged, the department shall prove by clear and convincing evidence
that the overpayment was obtained intentionally, knowingly, recklessly as "intentionally,
knowingly, and recklessly" are defined in Section 
76-2-103
, by false statement,
misrepresentation, impersonation, or other fraudulent means, including committing any of the
acts or omissions described in Sections 
76-8-1203
, 
76-8-1204
, or 
76-8-1205
.
(b) If fault is established under Subsection (4)(a), Section 
35A-3-605
, or Title 76,
Chapter 8, Part 12, Public Assistance Fraud, a person who obtained or helped another obtain an
overpayment is subject to:
(i) a civil penalty of 10% of the amount of the overpayment, except for overpayments
related to assistance for child care services;
(ii) a civil penalty of 50% of the amount of the overpayment for overpayments related
to assistance for child care services;
(iii) disqualification from receiving cash assistance from the Family Employment
Program created in Section 
35A-3-302
 and the General Assistance program under Section
35A-3-401
, if the overpayment was obtained from either of those programs, for the period
described in Subsection (4)(c); and
(iv) disqualification from SNAP, if the overpayment was received from SNAP, for the
period described in Subsection (4)(c).
(c) Unless otherwise provided by federal law, the period of a disqualification under
[
Subsection
] 
Subsections
 (4)(b)(iii) and (iv) is for:
(i) 12 months for a first offense;
(ii) 24 months for a second offense; and
(iii) permanently for a third offense.
(5) (a) Except as provided under Subsection (5)(b), if an action is filed, the department
may recover, in addition to the principal sum plus interest, reasonable attorney fees and costs.
(b) If the repayment obligation arose from an administrative error by the department,
the department may not recover attorney fees and costs.
(6) If a court finds that funds or benefits were secured, in whole or part, by fraud by the
person from whom repayment is sought, the court shall assess an additional sum as considered
appropriate as punitive damages up to the amount of repayment being sought.
(7) A criminal action for public assistance fraud is governed by Title 76, Chapter 8,
Part 12, Public Assistance Fraud.
(8) Jurisdiction over benefits is continuous.
(9) This chapter does not preclude the Department of Health 
and Human Services
 from
carrying out its responsibilities under [
Title 26, Chapter 19, Medical Benefits Recovery Act,
and Chapter 20, Utah False Claims Act
] 
Title 26B, Chapter 3, Part 10, Medical Benefits
Recovery, and Title 26B, Chapter 3, Part 11, Utah False Claims Act
.
Section 36. Section 
35A-9-202
 is amended to read:
35A-9-202.
Intergenerational poverty report.
(1) The department shall annually prepare an intergenerational poverty report for
inclusion in the department's annual written report described in Section 
35A-1-109
.
(2) The intergenerational poverty report shall:
(a) report on the data, findings, and potential uses of the intergenerational poverty
tracking system described in Section 
35A-9-201
;
(b) describe policies, procedures, and programs that the department has implemented
or modified to help break the cycle of poverty and end welfare dependency for children in the
state affected by intergenerational poverty;
(c) contain recommendations to the Legislature on how to address issues relating to
breaking the cycle of poverty and ending welfare dependency for children in the state affected
by intergenerational poverty; and
(d) include the following reports:
(i) the report described in Section 
9-1-210
 by the Department of Cultural and
Community Engagement;
(ii) the report described in Section [
26-1-44
] 
26B-1-218
 by the Department of Health
and Human Services; 
and
(iii) the report described in Section 
53E-1-206
 by the State Board of Education[
;
]
.
[
and
]
[
(iv) the report described in Section 
62A-1-123
 by the Department of Health and
Human Services.
]
Section 37. Section 
35A-15-102
 is amended to read:
35A-15-102.
Definitions.
As used in this chapter:
(1) "Board" means the School Readiness Board, created in Section 
35A-15-201
.
(2) "Economically disadvantaged" means to be eligible to receive free or reduced price
lunch.
(3) "Eligible home-based educational technology provider" means a provider that
offers a home-based educational technology program to develop the school readiness skills of
an eligible student.
(4) (a) "Eligible LEA" means an LEA that has a data system capacity to collect
longitudinal academic outcome data, including special education use by student, by identifying
each student with a statewide unique student identifier.
(b) "Eligible LEA" includes a program exempt from licensure under Subsection
[
26-39-403
(2)(c)
] 
26B-2-405
(2)(e)
.
(5) (a) "Eligible private provider" means a child care program that:
(i) is licensed under [
Title 26, Chapter 39, Utah Child Care Licensing Act
] 
Title 26B,
Chapter 2, Part 4, Child Care Licensing
; or
(ii) except as provided in Subsection (5)(b)(ii), is exempt from licensure under Section
[
26-39-403
] 
26B-2-405
.
(b) "Eligible private provider" does not include:
(i) residential child care, as defined in Section [
26-39-102
] 
26B-2-401
; or
(ii) a program exempt from licensure under Subsection [
26-39-403
(2)(c)
]
26B-2-405
(2)(e)
.
(6) "Eligible student" means a student:
(a) (i) who is age three, four, or five; and
(ii) is not eligible for enrollment under Subsection 
53G-4-402
(6); and
(b) (i) (A) who is economically disadvantaged; and
(B) whose parent or legal guardian reports that the student has experienced at least one
risk factor;
(ii) is an English learner; or
(iii) is in foster care.
(7) "Evaluation" means an evaluation conducted in accordance with Section
35A-15-303
.
(8) "High quality school readiness program" means a preschool program that:
(a) is provided by an eligible LEA, eligible private provider, or eligible home-based
educational technology provider; and
(b) meets the elements of a high quality school readiness program described in Section
35A-15-202
.
(9) "Investor" means a person that enters into a results-based contract to provide
funding to a high quality school readiness program on the condition that the person will receive
payment in accordance with Section 
35A-15-402
 if the high quality school readiness program
meets the performance outcome measures included in the results-based contract.
(10) "Kindergarten assessment" means the kindergarten entry assessment described in
Section 
53G-7-203
.
(11) "Kindergarten transition plan" means a plan that supports the smooth transition of
a preschool student to kindergarten and includes communication and alignment among the
preschool, program, parents, and K-12 personnel.
(12) "Local Education Agency" or "LEA" means a school district or charter school.
(13) "Performance outcome measure" means:
(a) indicators, as determined by the board, on the school readiness assessment and the
kindergarten assessment; or
(b) for a results-based contract, the indicators included in the contract.
(14) "Results-based contract" means a contract that:
(a) is entered into in accordance with Section 
35A-15-402
;
(b) includes a performance outcome measure; and
(c) is between the board, a provider of a high quality school readiness program, and an
investor.
(15) "Risk factor" means:
(a) having a mother who was 18 years old or younger when the child was born;
(b) a member of a child's household is incarcerated;
(c) living in a neighborhood with high violence or crime;
(d) having one or both parents with a low reading ability;
(e) moving at least once in the past year;
(f) having ever been in foster care;
(g) living with multiple families in the same household;
(h) having exposure in a child's home to:
(i) physical abuse or domestic violence;
(ii) substance abuse;
(iii) the death or chronic illness of a parent or sibling; or
(iv) mental illness;
(i) the primary language spoken in a child's home is a language other than English; or
(j) having at least one parent who has not completed high school.
(16) "School readiness assessment" means the same as that term is defined in Section
53E-4-314
.
(17) "Tool" means the tool developed in accordance with Section 
35A-15-303
.
Section 38. Section 
39-1-64
 is amended to read:
39-1-64.
Extension of licenses for members of National Guard and reservists.
(1) As used in this section, "license" means any license issued under:
(a) Title 58, Occupations and Professions; and
(b) Section [
26-8a-302
] 
26B-4-116
.
(2) Any license held by a member of the National Guard or reserve component of the
armed forces that expires while the member is on active duty shall be extended until 90 days
after the member is discharged from active duty status.
(3) The licensing agency shall renew a license extended under Subsection (2) until the
next date that the license expires or for the period that the license is normally issued, at no cost
to the member of the National Guard or reserve component of the armed forces if all of the
following conditions are met:
(a) the National Guard member or reservist requests renewal of the license within 90
days after being discharged;
(b) the National Guard member or reservist provides the licensing agency with a copy
of the member's or reservist's official orders calling the member or reservist to active duty, and
official orders discharging the member or reservist from active duty; and
(c) the National Guard member or reservist meets all the requirements necessary for the
renewal of the license, except the member or reservist need not meet the requirements, if any,
that relate to continuing education or training.
(4) The provisions of this section do not apply to regularly scheduled annual training.
Section 39. Section 
41-1a-230.5
 is amended to read:
41-1a-230.5.
Registration checkoff for promoting and supporting organ donation.
(1) A person who applies for a motor vehicle registration or registration renewal may
designate a voluntary contribution of $2 for the purpose of promoting and supporting organ
donation.
(2) This contribution shall be:
(a) collected by the division;
(b) treated as a voluntary contribution to the Allyson Gamble Organ Donation
Contribution Fund created in Section [
26-18b-101
] 
26B-1-312
 and not as a motor vehicle
registration fee; and
(c) transferred to the Allyson Gamble Organ Donation Contribution Fund created in
Section [
26-18b-101
] 
26B-1-312
 at least monthly, less actual administrative costs associated
with collecting and transferring the contributions.
Section 40. Section 
41-1a-230.7
 is amended to read:
41-1a-230.7.
Registration checkoff for supporting emergency medical services
and search and rescue operations.
(1) A person who applies for a motor vehicle registration or registration renewal may
designate a voluntary contribution of $3 for the purpose of supporting:
(a) the Emergency Medical Services Grant Program; and
(b) the Search and Rescue Financial Assistance Program.
(2) This contribution shall be:
(a) collected by the division;
(b) treated as a voluntary contribution and not as a motor vehicle or off-highway
vehicle registration fee; and
(c) distributed equally to the Emergency Medical Services System Account created in
Section [
26-8a-108
] 
26B-1-306
 and the Search and Rescue Financial Assistance Program
created in Section 
53-2a-1102
 at least monthly, less actual administrative costs associated with
collecting and transferring the contributions.
(3) In addition to the administrative costs deducted under Subsection (2)(c), the
division may deduct the first $1,000 collected to cover costs incurred to change the registration
form.
Section 41. 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 Outdoor 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 Outdoor Recreation 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
]
26B-1-313
 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
] 
upon
 renewal of a prostate cancer support special group license plate, to the
Cancer Research Restricted Account created in Section [
26-21a-302
] 
26B-1-313
 to support
cancer research programs;
(T) the Choose Life Adoption Support Restricted Account created in Section 
80-2-502
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 
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
] 
26B-1-314
 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
] 
26B-1-321
;
(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) 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
;
(EE) the Latino Community Support Restricted Account created in Section 
13-1-16
;
(FF) the Allyson Gamble Organ Donation Contribution Fund created in Section
[
26-18b-101
] 
26B-1-312
;
(GG) 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 Uniform School Fund;
(HH) the Governor's Suicide Prevention Fund created in Section [
62A-15-1103
]
26B-1-325
 to support the Live On suicide prevention campaign administered by the Division of
Integrated Healthcare; or
(II) the State Park Fees Restricted Account created in Section 
79-4-402
 to support the
Division of State Parks' dark sky initiative.
(ii) (A) For a veterans special group license plate described in Subsection (4) or
41-1a-421
(1)(a)(v), "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) (i) Except as provided in Subsection (3)(a)(ii), 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.
(ii) An applicant for a historical special group license plate is not required to make a
donation to the Utah State Historical Society if the historical special group license plate is for a
vintage vehicle that has a model year of 1980 or older.
(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 before
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 42. Section 
41-6a-404
 is amended to read:
41-6a-404.
Accident reports -- When confidential -- Insurance policy information
-- Use as evidence -- Penalty for false information.
(1) As used in this section:
(a) "Accompanying data" means all materials gathered by the investigating peace
officer in an accident investigation including:
(i) the identity of witnesses and, if known, contact information;
(ii) witness statements;
(iii) photographs and videotapes;
(iv) diagrams; and
(v) field notes.
(b) "Agent" means:
(i) a person's attorney;
(ii) a person's insurer;
(iii) a general acute hospital, as defined in Section [
26-21-2
] 
26B-2-201
, that:
(A) has an emergency room; and
(B) is providing or has provided emergency services to the person in relation to the
accident; or
(iv) any other individual or entity with signed permission from the person to receive
the person's accident report.
(2) (a) Except as provided in Subsections (3) and (7), all accident reports required in
this part to be filed with the department:
(i) are without prejudice to the reporting individual;
(ii) are protected and for the confidential use of the department or other state, local, or
federal agencies having use for the records for official governmental statistical, investigative,
and accident prevention purposes; and
(iii) may be disclosed only in a statistical form that protects the privacy of any person
involved in the accident.
(b) An investigating peace officer shall include in an accident report an indication as to
whether the accident occurred on a highway designated as a livestock highway in accordance
with Section 
72-3-112
 if the accident resulted in the injury or death of livestock.
(3) (a) Subject to the provisions of this section, the department or the responsible law
enforcement agency employing the peace officer that investigated the accident shall disclose an
accident report to:
(i) a person involved in the accident, excluding a witness to the accident;
(ii) a person suffering loss or injury in the accident;
(iii) an agent, parent, or legal guardian of a person described in Subsections (3)(a)(i)
and (ii);
(iv) subject to Subsection (3)(d), a member of the press or broadcast news media;
(v) a state, local, or federal agency that uses the records for official governmental,
investigative, or accident prevention purposes;
(vi) law enforcement personnel when acting in their official governmental capacity;
and
(vii) a licensed private investigator who:
(A) represents an individual described in Subsections (3)(a)(i) through (iii); and
(B) demonstrates that the representation of the individual described in Subsections
(3)(a)(i) through (iii) is directly related to the accident that is the subject of the accident report.
(b) The responsible law enforcement agency employing the peace officer that
investigated the accident:
(i) shall in compliance with Subsection (3)(a):
(A) disclose an accident report; or
(B) upon written request disclose an accident report and its accompanying data within
10 business days from receipt of a written request for disclosure; or
(ii) may withhold an accident report, and any of its accompanying data if disclosure
would jeopardize an ongoing criminal investigation or criminal prosecution.
(c) In accordance with Subsection (3)(a), the department or the responsible law
enforcement agency employing the investigating peace officer shall disclose whether any
person or vehicle involved in an accident reported under this section was covered by a vehicle
insurance policy, and the name of the insurer.
(d) Information provided to a member of the press or broadcast news media under
Subsection (3)(a)(iv) may only include:
(i) the name, age, sex, and city of residence of each person involved in the accident;
(ii) the make and model year of each vehicle involved in the accident;
(iii) whether or not each person involved in the accident was covered by a vehicle
insurance policy;
(iv) the location of the accident; and
(v) a description of the accident that excludes personal identifying information not
listed in Subsection (3)(d)(i).
(e) The department shall disclose to any requesting person the following vehicle
accident history information, excluding personal identifying information, in bulk electronic
form:
(i) any vehicle identifying information that is electronically available, including the
make, model year, and vehicle identification number of each vehicle involved in an accident;
(ii) the date of the accident; and
(iii) any electronically available data which describes the accident, including a
description of any physical damage to the vehicle.
(f) The department may establish a fee under Section 
63J-1-504
 based on the fair
market value of the information for providing bulk vehicle accident history information under
Subsection (3)(e).
(4) (a) Except as provided in Subsection (4)(b), accident reports filed under this section
may not be used as evidence in any civil or criminal trial arising out of an accident.
(b) (i) Upon demand of any party to the trial or upon demand of any court, the
department shall furnish a certificate showing that a specified accident report has or has not
been made to the department in compliance with law.
(ii) If the report has been made, the certificate furnished by the department shall show:
(A) the date, time, and location of the accident;
(B) the names and addresses of the drivers;
(C) the owners of the vehicles involved; and
(D) the investigating peace officers.
(iii) The reports may be used as evidence when necessary to prosecute charges filed in
connection with a violation of Subsection (5).
(5) A person who gives information in reports as required in this part knowing or
having reason to believe that the information is false is guilty of a class A misdemeanor.
(6) The department and the responsible law enforcement agency employing the
investigating peace officer may charge a reasonable fee determined by the department under
Section 
63J-1-504
 for the cost incurred in disclosing an accident report or an accident report
and any of its accompanying data under Subsections (3)(a) and (b).
(7) (a) The Office of State Debt Collection, the Division of Risk Management, and the
Department of Transportation may, in the performance of the regular duties of each respective
division or department, disclose an accident report to:
(i) a person involved in the accident, excluding a witness to the accident;
(ii) an owner of a vehicle involved in the accident;
(iii) an agent, parent, or legal guardian of a person described in Subsection (7)(a)(i) or
(ii); or
(iv) an insurer that provides motor vehicle insurance to a person described in
Subsection (7)(a)(i) or (iii).
(b) A disclosure under Subsection (7)(a) does not change the classification of the
record as a protected record under Section 
63G-2-305
.
Section 43. Section 
41-6a-501
 is amended to read:
41-6a-501.
Definitions.
(1) As used in this part:
(a) "Actual physical control" is determined by a consideration of the totality of the
circumstances, but does not include a circumstance in which:
(i) the person is asleep inside the vehicle;
(ii) the person is not in the driver's seat of the vehicle;
(iii) the engine of the vehicle is not running;
(iv) the vehicle is lawfully parked; and
(v) under the facts presented, it is evident that the person did not drive the vehicle to
the location while under the influence of alcohol, a drug, or the combined influence of alcohol
and any drug.
(b) "Assessment" means an in-depth clinical interview with a licensed mental health
therapist:
(i) used to determine if a person is in need of:
(A) substance abuse treatment that is obtained at a substance abuse program;
(B) an educational series; or
(C) a combination of Subsections (1)(b)(i)(A) and (B); and
(ii) that is approved by the Division of [
Substance Abuse and Mental Health
]
Integrated Healthcare
 in accordance with Section [
62A-15-105
] 
26B-5-104
.
(c) "Driving under the influence court" means a court that is approved as a driving
under the influence court by the [
Utah
] Judicial Council according to standards established by
the Judicial Council.
(d) "Drug" or "drugs" means:
(i) a controlled substance as defined in Section 
58-37-2
;
(ii) a drug as defined in Section 
58-17b-102
; or
(iii) a substance that, when knowingly, intentionally, or recklessly taken into the human
body, can impair the ability of a person to safely operate a motor vehicle.
(e) "Educational series" means an educational series 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
] 
26B-5-104
.
(f) "Negligence" means simple negligence, the failure to exercise that degree of care
that an ordinarily reasonable and prudent person exercises under like or similar circumstances.
(g) "Novice learner driver" means an individual who:
(i) has applied for a Utah driver license;
(ii) has not previously held a driver license in this state or another state; and
(iii) has not completed the requirements for issuance of a Utah driver license.
(h) "Screening" means a preliminary appraisal of a person:
(i) used to determine if the person is in need of:
(A) an assessment; or
(B) an educational series; and
(ii) that is approved by the Division of [
Substance Abuse and Mental Health
]
Integrated Healthcare
 in accordance with Section [
62A-15-105
] 
26B-5-104
.
(i) "Serious bodily injury" means bodily injury that creates or causes:
(i) serious permanent disfigurement;
(ii) protracted loss or impairment of the function of any bodily member or organ; or
(iii) a substantial risk of death.
(j) "Substance abuse treatment" means treatment 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
] 
26B-5-104
.
(k) "Substance abuse treatment program" means a state licensed substance abuse
program.
(l) (i) "Vehicle" or "motor vehicle" means a vehicle or motor vehicle as defined in
Section 
41-6a-102
; and
(ii) "Vehicle" or "motor vehicle" includes:
(A) an off-highway vehicle as defined under Section 
41-22-2
; and
(B) a motorboat as defined in Section 
73-18-2
.
(2) As used in Section 
41-6a-503
:
(a) "Conviction" means any conviction arising from a separate episode of driving for a
violation of:
(i) driving under the influence under Section 
41-6a-502
;
(ii) (A) for an offense committed before July 1, 2008, alcohol, any drug, or a
combination of both-related reckless driving under:
(I) Section 
41-6a-512
; and
(II) Section 
41-6a-528
; or
(B) for an offense committed on or after July 1, 2008, impaired driving under Section
41-6a-502.5
;
(iii) driving with any measurable controlled substance that is taken illegally in the body
under Section 
41-6a-517
;
(iv) local ordinances similar to Section 
41-6a-502
, alcohol, any drug, or a combination
of both-related reckless driving, or impaired driving under Section 
41-6a-502.5
 adopted in
compliance with Section 
41-6a-510
;
(v) Section 
76-5-207
;
(vi) operating a motor vehicle with any amount of a controlled substance in an
individual's body and causing serious bodily injury or death, as codified before May 4, 2022,
Laws of Utah 2021, Chapter 236, Section 1, Subsection 
58-37-8
(2)(g);
(vii) negligently operating a vehicle resulting in injury under Section 
76-5-102.1
;
(viii) a violation described in Subsections (2)(a)(i) through (vii), which judgment of
conviction is reduced under Section 
76-3-402
;
(ix) refusal of a chemical test under Subsection 
41-6a-520
(7); or
(x) statutes or ordinances previously in effect in this state or in effect in any other state,
the United States, or any district, possession, or territory of the United States which would
constitute a violation of Section 
41-6a-502
 or alcohol, any drug, or a combination of
both-related reckless driving if committed in this state, including punishments administered
under 10 U.S.C. Sec. 815.
(b) A plea of guilty or no contest to a violation described in Subsections (2)(a)(i)
through (x) which plea was held in abeyance under Title 77, Chapter 2a, Pleas in Abeyance,
prior to July 1, 2008, is the equivalent of a conviction, even if the charge has been subsequently
reduced or dismissed in accordance with the plea in abeyance agreement, for purposes of:
(i) enhancement of penalties under this Chapter 6a, Part 5, Driving Under the Influence
and Reckless Driving; and
(ii) expungement under Title 77, Chapter [
] 
40a
, Expungement.
(c) An admission to a violation of Section 
41-6a-502
 in juvenile court is the equivalent
of a conviction even if the charge has been subsequently dismissed in accordance with the Utah
Rules of Juvenile Procedure for the purposes of enhancement of penalties under:
(i) this part;
(ii) negligently operating a vehicle resulting in injury under Section 
76-5-102.1
; and
(iii) negligently operating a vehicle resulting in death under Section 
76-5-207
.
(3) As used in Section 
41-6a-505
, "controlled substance" does not include an inactive
metabolite of a controlled substance.
Section 44. Section 
41-6a-502.5
 is amended to read:
41-6a-502.5.
Impaired driving -- Penalty -- Reporting of convictions -- Sentencing
requirements.
(1) With the agreement of the prosecutor, a plea to a class B misdemeanor violation of
Section 
41-6a-502
 committed on or after July 1, 2008, may be entered as a conviction of
impaired driving under this section if:
(a) the defendant completes court ordered probation requirements; or
(b) (i) the prosecutor agrees as part of a negotiated plea; and
(ii) the court finds the plea to be in the interest of justice.
(2) A conviction entered under this section is a class B misdemeanor.
(3) (a) (i) If the entry of an impaired driving plea is based on successful completion of
probation under Subsection (1)(a), the court shall enter the conviction at the time of the plea.
(ii) If the defendant fails to appear before the court and establish successful completion
of the court ordered probation requirements under Subsection (1)(a), the court shall enter an
amended conviction of Section 
41-6a-502
.
(iii) The date of entry of the amended order under Subsection (3)(a)(ii) is the date of
conviction.
(b) The court may enter a conviction of impaired driving immediately under
Subsection (1)(b).
(4) For purposes of Section 
76-3-402
, the entry of a plea to a class B misdemeanor
violation of Section 
41-6a-502
 as impaired driving under this section is a reduction of one
degree.
(5) (a) The court shall notify the Driver License Division of each conviction entered
under this section.
(b) Beginning on July 1, 2012, a court shall, monthly, send to the Division of
Professional Licensing, created in Section 
58-1-103
, a report containing the name, case
number, and, if known, the date of birth of each person convicted during the preceding month
of a violation of this section for whom there is evidence that the person was driving while
impaired, in whole or in part, by a prescribed controlled substance.
(6) (a) The provisions in Subsections 
41-6a-505
(1), (3), (5), and (7) that require a
sentencing court to order a convicted person to participate in a screening, an assessment, or an
educational series, or obtain substance abuse treatment or do a combination of those things,
apply to a conviction entered under this section.
(b) The court shall render the same order regarding screening, assessment, an
educational series, or substance abuse treatment in connection with a first, second, or
subsequent conviction under this section as the court would render in connection with applying
respectively, the first, second, or subsequent conviction requirements of Subsections
41-6a-505
(1), (3), (5), and (7).
(7) (a) Except as provided in Subsection (7)(b), a report authorized by Section
53-3-104
 may not contain any evidence of a conviction for impaired driving in this state if the
reporting court notifies the Driver License Division that the defendant is participating in or has
successfully completed the program of a driving under the influence court.
(b) The provisions of Subsection (7)(a) do not apply to a report concerning:
(i) a CDL license holder; or
(ii) a violation that occurred in a commercial motor vehicle.
(8) The provisions of this section are not available:
(a) to a person who has a prior conviction as that term is defined in Subsection
41-6a-501
(2); or
(b) where there is admissible evidence that the individual:
(i) had a blood or breath alcohol level of .16 or higher;
(ii) had a blood or breath alcohol level of .05 or higher in addition to any measurable
controlled substance; or
(iii) had a combination of two or more controlled substances in the person's body that
were not:
(A) prescribed by a licensed physician; or
(B) recommended in accordance with [
Title 26, Chapter 61a, Utah Medical Cannabis
Act
] 
Title 26B, Chapter 4, Part 2, Cannabinoid Research and Medical Cannabis
.
Section 45. Section 
41-6a-505
 is amended to read:
41-6a-505.
Sentencing requirements for driving under the influence of alcohol,
drugs, or a combination of both violations.
(1) As part of any sentence for a first conviction of Section 
41-6a-502
 where there is
admissible evidence that the individual had a blood or breath alcohol level of .16 or higher, had
a blood or breath alcohol level of .05 or higher in addition to any measurable controlled
substance, or had a combination of two or more controlled substances in the individual's body
that were not recommended in accordance with [
Title 26, Chapter 61a, Utah Medical Cannabis
Act
] 
Title 26B, Chapter 4, Part 2, Cannabinoid Research and Medical Cannabis,
 or prescribed:
(a) the court shall:
(i) (A) impose a jail sentence of not less than five days; or
(B) impose a jail sentence of not less than two days in addition to home confinement of
not fewer than 30 consecutive days through the use of electronic monitoring that includes a
substance abuse testing instrument in accordance with Section 
41-6a-506
;
(ii) order the individual to participate in a screening;
(iii) order the individual to participate in an assessment, if it is found appropriate by a
screening under Subsection (1)(a)(ii);
(iv) order the individual to participate in an educational series if the court does not
order substance abuse treatment as described under Subsection (1)(b);
(v) impose a fine of not less than $700;
(vi) order probation for the individual in accordance with Section 
41-6a-507
;
(vii) (A) order the individual to pay the administrative impound fee described in
Section 
41-6a-1406
; or
(B) if the administrative impound fee was paid by a party described in Subsection
41-6a-1406
(5)(a), other than the individual sentenced, order the individual sentenced to
reimburse the party;
(viii) (A) order the individual to pay the towing and storage fees described in Section
72-9-603
; or
(B) if the towing and storage fees were paid by a party described in Subsection
41-6a-1406
(5)(a), other than the individual sentenced, order the individual sentenced to
reimburse the party; or
(ix) unless the court determines and states on the record that an ignition interlock
system is not necessary for the safety of the community and in the best interest of justice, order
the installation of an ignition interlock system as described in Section 
41-6a-518
; and
(b) the court may:
(i) order the individual to obtain substance abuse treatment if the substance abuse
treatment program determines that substance abuse treatment is appropriate;
(ii) order the individual to participate in a 24/7 sobriety program as defined in Section
41-6a-515.5
 if the individual is 21 years old or older; or
(iii) order a combination of Subsections (1)(b)(i) and (ii).
(2) (a) If an individual described in Subsection (1) is participating in a 24/7 sobriety
program as defined in Section 
41-6a-515.5
, the court may suspend the jail sentence imposed
under Subsection (1)(a).
(b) If an individual described in Subsection (1) fails to successfully complete all of the
requirements of the 24/7 sobriety program, the court shall impose the suspended jail sentence
described in Subsection (2)(a).
(3) As part of any sentence for any first conviction of Section 
41-6a-502
 not described
in Subsection (1):
(a) the court shall:
(i) (A) impose a jail sentence of not less than two days; or
(B) require the individual to work in a compensatory-service work program for not less
than 48 hours;
(ii) order the individual to participate in a screening;
(iii) order the individual to participate in an assessment, if it is found appropriate by a
screening under Subsection (3)(a)(ii);
(iv) order the individual to participate in an educational series if the court does not
order substance abuse treatment as described under Subsection (3)(b);
(v) impose a fine of not less than $700;
(vi) (A) order the individual to pay the administrative impound fee described in Section
41-6a-1406
; or
(B) if the administrative impound fee was paid by a party described in Subsection
41-6a-1406
(5)(a), other than the individual sentenced, order the individual sentenced to
reimburse the party; or
(vii) (A) order the individual to pay the towing and storage fees described in Section
72-9-603
; or
(B) if the towing and storage fees were paid by a party described in Subsection
41-6a-1406
(5)(a), other than the individual sentenced, order the individual sentenced to
reimburse the party; and
(b) the court may:
(i) order the individual to obtain substance abuse treatment if the substance abuse
treatment program determines that substance abuse treatment is appropriate;
(ii) order probation for the individual in accordance with Section 
41-6a-507
;
(iii) order the individual to participate in a 24/7 sobriety program as defined in Section
41-6a-515.5
 if the individual is 21 years old or older; or
(iv) order a combination of Subsections (3)(b)(i) through (iii).
(4) (a) If an individual described in Subsection (3) is participating in a 24/7 sobriety
program as defined in Section 
41-6a-515.5
, the court may suspend the jail sentence imposed
under Subsection (3)(a).
(b) If an individual described in Subsection (4)(a) fails to successfully complete all of
the requirements of the 24/7 sobriety program, the court shall impose the suspended jail
sentence described in Subsection (4)(a).
(5) If an individual has a prior conviction as defined in Subsection 
41-6a-501
(2) that is
within 10 years of the current conviction under Section 
41-6a-502
 or the commission of the
offense upon which the current conviction is based and where there is admissible evidence that
the individual had a blood or breath alcohol level of .16 or higher, had a blood or breath
alcohol level of .05 or higher in addition to any measurable controlled substance, or had a
combination of two or more controlled substances in the individual's body that were not
recommended in accordance with [
Title 26, Chapter 61a, Utah Medical Cannabis Act
] 
Title
26B, Chapter 4, Part 2, Cannabinoid Research and Medical Cannabis,
 or prescribed:
(a) the court shall:
(i) (A) impose a jail sentence of not less than 20 days;
(B) impose a jail sentence of not less than 10 days in addition to home confinement of
not fewer than 60 consecutive days through the use of electronic monitoring that includes a
substance abuse testing instrument in accordance with Section 
41-6a-506
; or
(C) impose a jail sentence of not less than 10 days in addition to ordering the
individual to obtain substance abuse treatment, if the court finds that substance abuse treatment
is more likely to reduce recidivism and is in the interests of public safety;
(ii) order the individual to participate in a screening;
(iii) order the individual to participate in an assessment, if it is found appropriate by a
screening under Subsection (5)(a)(ii);
(iv) order the individual to participate in an educational series if the court does not
order substance abuse treatment as described under Subsection (5)(b);
(v) impose a fine of not less than $800;
(vi) order probation for the individual in accordance with Section 
41-6a-507
;
(vii) order the installation of an ignition interlock system as described in Section
41-6a-518
;
(viii) (A) order the individual to pay the administrative impound fee described in
Section 
41-6a-1406
; or
(B) if the administrative impound fee was paid by a party described in Subsection
41-6a-1406
(5)(a), other than the individual sentenced, order the individual sentenced to
reimburse the party; or
(ix) (A) order the individual to pay the towing and storage fees described in Section
72-9-603
; or
(B) if the towing and storage fees were paid by a party described in Subsection
41-6a-1406
(5)(a), other than the individual sentenced, order the individual sentenced to
reimburse the party; and
(b) the court may:
(i) order the individual to obtain substance abuse treatment if the substance abuse
treatment program determines that substance abuse treatment is appropriate;
(ii) order the individual to participate in a 24/7 sobriety program as defined in Section
41-6a-515.5
 if the individual is 21 years old or older; or
(iii) order a combination of Subsections (5)(b)(i) and (ii).
(6) (a) If an individual described in Subsection (5) is participating in a 24/7 sobriety
program as defined in Section 
41-6a-515.5
, the court may suspend the jail sentence imposed
under Subsection (5)(a) after the individual has served a minimum of:
(i) five days of the jail sentence for a second offense; or
(ii) 10 days of the jail sentence for a third or subsequent offense.
(b) If an individual described in Subsection (6)(a) fails to successfully complete all of
the requirements of the 24/7 sobriety program, the court shall impose the suspended jail
sentence described in Subsection (6)(a).
(7) If an individual has a prior conviction as defined in Subsection 
41-6a-501
(2) that is
within 10 years of the current conviction under Section 
41-6a-502
 or the commission of the
offense upon which the current conviction is based and that does not qualify under Subsection
(5):
(a) the court shall:
(i) (A) impose a jail sentence of not less than 10 days; or
(B) impose a jail sentence of not less than 5 days in addition to home confinement of
not fewer than 30 consecutive days through the use of electronic monitoring that includes a
substance abuse testing instrument in accordance with Section 
41-6a-506
;
(ii) order the individual to participate in a screening;
(iii) order the individual to participate in an assessment, if it is found appropriate by a
screening under Subsection (7)(a)(ii);
(iv) order the individual to participate in an educational series if the court does not
order substance abuse treatment as described under Subsection (7)(b);
(v) impose a fine of not less than $800;
(vi) order probation for the individual in accordance with Section 
41-6a-507
;
(vii) (A) order the individual to pay the administrative impound fee described in
Section 
41-6a-1406
; or
(B) if the administrative impound fee was paid by a party described in Subsection
41-6a-1406
(5)(a), other than the individual sentenced, order the individual sentenced to
reimburse the party; or
(viii) (A) order the individual to pay the towing and storage fees described in Section
72-9-603
; or
(B) if the towing and storage fees were paid by a party described in Subsection
41-6a-1406
(5)(a), other than the individual sentenced, order the individual sentenced to
reimburse the party; and
(b) the court may:
(i) order the individual to obtain substance abuse treatment if the substance abuse
treatment program determines that substance abuse treatment is appropriate;
(ii) order the individual to participate in a 24/7 sobriety program as defined in Section
41-6a-515.5
 if the individual is 21 years old or older; or
(iii) order a combination of Subsections (7)(b)(i) and (ii).
(8) (a) If an individual described in Subsection (7) is participating in a 24/7 sobriety
program as defined in Section 
41-6a-515.5
, the court may suspend the jail sentence imposed
under Subsection (7)(a) after the individual has served a minimum of:
(i) five days of the jail sentence for a second offense; or
(ii) 10 days of the jail sentence for a third or subsequent offense.
(b) If an individual described in Subsection (8)(a) fails to successfully complete all of
the requirements of the 24/7 sobriety program, the court shall impose the suspended jail
sentence described in Subsection (8)(a).
(9) Under Subsection 
41-6a-503
(3), if the court suspends the execution of a prison
sentence and places the defendant on probation where there is admissible evidence that the
individual had a blood or breath alcohol level of .16 or higher, had a blood or breath alcohol
level of .05 in addition to any measurable controlled substance, or had a combination of two or
more controlled substances in the person's body that were not recommended in accordance with
[
Title 26, Chapter 61a, Utah Medical Cannabis Act
] 
Title 26B, Chapter 4, Part 2, Cannabinoid
Research and Medical Cannabis,
 or prescribed, the court shall impose:
(a) a fine of not less than $1,500;
(b) a jail sentence of not less than 120 days;
(c) home confinement of not fewer than 120 consecutive days through the use of
electronic monitoring that includes a substance abuse testing instrument in accordance with
Section 
41-6a-506
; and
(d) supervised probation.
(10) (a) For Subsection (9) or Subsection 
41-6a-503
(3)(a), the court:
(i) shall impose an order requiring the individual to obtain a screening and assessment
for alcohol and substance abuse, and treatment as appropriate; and
(ii) may impose an order requiring the individual to participate in a 24/7 sobriety
program as defined in Section 
41-6a-515.5
 if the individual is 21 years old or older.
(b) If an individual described in Subsection (10)(a)(ii) fails to successfully complete all
of the requirements of the 24/7 sobriety program, the court shall impose the suspended prison
sentence described in Subsection (9).
(11) Under Subsection 
41-6a-503
(3), if the court suspends the execution of a prison
sentence and places the defendant on probation with a sentence not described in Subsection (9),
the court shall impose:
(a) a fine of not less than $1,500;
(b) a jail sentence of not less than 60 days;
(c) home confinement of not fewer than 60 consecutive days through the use of
electronic monitoring that includes a substance abuse testing instrument in accordance with
Section 
41-6a-506
; and
(d) supervised probation.
(12) (a) (i) Except as described in Subsection (12)(a)(ii), a court may not suspend the
requirements of this section.
(ii) A court may suspend requirements as described in Subsection (2), (4), (6), or (8).
(b) A court, with stipulation of both parties and approval from the judge, may convert a
jail sentence required in this section to electronic home confinement.
(c) A court may order a jail sentence imposed as a condition of misdemeanor probation
under this section to be served in multiple two-day increments at weekly intervals if the court
determines that separate jail increments are necessary to ensure the defendant can serve the
statutorily required jail term and maintain employment.
(13) If an individual is convicted of a violation of Section 
41-6a-502
 and there is
admissible evidence that the individual had a blood or breath alcohol level of .16 or higher, the
court shall order the following, or describe on record why the order or orders are not
appropriate:
(a) treatment as described under Subsection (1)(b), (3)(b), (5)(b), or (7)(b); and
(b) one or more of the following:
(i) the installation of an ignition interlock system as a condition of probation for the
individual in accordance with Section 
41-6a-518
;
(ii) the imposition of an ankle attached continuous transdermal alcohol monitoring
device or remote alcohol monitor as a condition of probation for the individual; or
(iii) the imposition of home confinement through the use of electronic monitoring in
accordance with Section 
41-6a-506
.
Section 46. Section 
41-6a-517
 is amended to read:
41-6a-517.
Definitions -- Driving with any measurable controlled substance in the
body -- Penalties -- Arrest without warrant.
(1) As used in this section:
(a) "Controlled substance" means the same as that term is defined in Section 
58-37-2
.
(b) "Practitioner" means the same as that term is defined in Section 
58-37-2
.
(c) "Prescribe" means the same as that term is defined in Section 
58-37-2
.
(d) "Prescription" means the same as that term is defined in Section 
58-37-2
.
(2) (a) Except as provided in Subsection (2)(b), in cases not amounting to a violation of
Section 
41-6a-502
, 
76-5-102.1
, or 
76-5-207
, a person may not operate or be in actual physical
control of a motor vehicle within this state if the person has any measurable controlled
substance or metabolite of a controlled substance in the person's body.
(b) Subsection (2)(a) does not apply to a person that has
11-nor-9-carboxy-tetrahydrocannabinol as the only controlled substance present in the person's
body.
(3) It is an affirmative defense to prosecution under this section that the controlled
substance was:
(a) involuntarily ingested by the accused;
(b) prescribed by a practitioner for use by the accused;
(c) cannabis in a medicinal dosage form or a cannabis product in a medicinal dosage
form that the accused ingested in accordance with [
Title 26, Chapter 61a, Utah Medical
Cannabis Act
] 
Title 26B, Chapter 4, Part 2, Cannabinoid Research and Medical Cannabis
; or
(d) otherwise legally ingested.
(4) (a) A person convicted of a violation of Subsection (2) is guilty of a class B
misdemeanor.
(b) A person who violates this section is subject to conviction and sentencing under
both this section and any applicable offense under Section 
58-37-8
.
(5) A peace officer may, without a warrant, arrest a person for a violation of this
section when the officer has probable cause to believe the violation has occurred, although not
in the officer's presence, and if the officer has probable cause to believe that the violation was
committed by the person.
(6) The Driver License Division shall, if the person is 21 years old or older on the date
of arrest:
(a) suspend, for a period of 120 days, the driver license of a person convicted under
Subsection (2) of an offense committed on or after July 1, 2009; or
(b) revoke, for a period of two years, the driver license of a person if:
(i) the person has a prior conviction as defined under Subsection 
41-6a-501
(2); and
(ii) the current violation under Subsection (2) is committed on or after July 1, 2009,
and within a period of 10 years after the date of the prior violation.
(7) The Driver License Division shall, if the person is 19 years old or older but under
21 years old on the date of arrest:
(a) suspend, until the person is 21 years old or for a period of one year, whichever is
longer, the driver license of a person convicted under Subsection (2) of an offense committed
on or after July 1, 2011; or
(b) revoke, until the person is 21 years old or for a period of two years, whichever is
longer, the driver license of a person if:
(i) the person has a prior conviction as defined under Subsection 
41-6a-501
(2); and
(ii) the current violation under Subsection (2) is committed on or after July 1, 2009,
and within a period of 10 years after the date of the prior violation.
(8) The Driver License Division shall, if the person is under 19 years old on the date of
arrest:
(a) suspend, until the person is 21 years old, the driver license of a person convicted
under Subsection (2) of an offense committed on or after July 1, 2009; or
(b) revoke, until the person is 21 years old, the driver license of a person if:
(i) the person has a prior conviction as defined under Subsection 
41-6a-501
(2); and
(ii) the current violation under Subsection (2) is committed on or after July 1, 2009,
and within a period of 10 years after the date of the prior violation.
(9) The Driver License Division shall subtract from any suspension or revocation
period the number of days for which a license was previously suspended under Section
53-3-223
 or 
53-3-231
, if the previous suspension was based on the same occurrence upon
which the record of conviction is based.
(10) The Driver License Division shall:
(a) deny, suspend, or revoke a person's license for the denial and suspension periods in
effect prior to July 1, 2009, for a conviction of a violation under Subsection (2) that was
committed prior to July 1, 2009; or
(b) deny, suspend, or revoke the operator's license of a person for the denial,
suspension, or revocation periods in effect from July 1, 2009, through June 30, 2011, if:
(i) the person was 20 years old or older but under 21 years old at the time of arrest; and
(ii) the conviction under Subsection (2) is for an offense that was committed on or after
July 1, 2009, and prior to July 1, 2011.
(11) A court that reported a conviction of a violation of this section for a violation that
occurred on or after July 1, 2009, to the Driver License Division may shorten the suspension
period imposed under Subsection (7)(a) or (8)(a) prior to completion of the suspension period
if the person:
(a) completes at least six months of the license suspension;
(b) completes a screening;
(c) completes an assessment, if it is found appropriate by a screening under Subsection
(11)(b);
(d) completes substance abuse treatment if it is found appropriate by the assessment
under Subsection (11)(c);
(e) completes an educational series if substance abuse treatment is not required by the
assessment under Subsection (11)(c) or the court does not order substance abuse treatment;
(f) has not been convicted of a violation of any motor vehicle law in which the person
was involved as the operator of the vehicle during the suspension period imposed under
Subsection (7)(a) or (8)(a);
(g) has complied with all the terms of the person's probation or all orders of the court if
not ordered to probation; and
(h) (i) is 18 years old or older and provides a sworn statement to the court that the
person has not consumed a controlled substance not prescribed by a practitioner for use by the
person or unlawfully consumed alcohol during the suspension period imposed under
Subsection (7)(a) or (8)(a); or
(ii) is under 18 years old and has the person's parent or legal guardian provide an
affidavit or other sworn statement to the court certifying that to the parent or legal guardian's
knowledge the person has not consumed a controlled substance not prescribed by a practitioner
for use by the person or unlawfully consumed alcohol during the suspension period imposed
under Subsection (7)(a) or (8)(a).
(12) If the court shortens a person's license suspension period in accordance with the
requirements of Subsection (11), the court shall forward the order shortening the person's
license suspension period to the Driver License Division in a manner specified by the division
prior to the completion of the suspension period imposed under Subsection (7)(a) or (8)(a).
(13) (a) The court shall notify the Driver License Division if a person fails to complete
all court ordered screening and assessment, educational series, and substance abuse treatment.
(b) Subject to Subsection 
53-3-218
(3), upon receiving the notification, the division
shall suspend the person's driving privilege in accordance with Subsection 
53-3-221
(2).
(14) The court:
(a) shall order supervised probation in accordance with Section 
41-6a-507
 for a person
convicted under Subsection (2); and
(b) may order a person convicted under Subsection (2) to participate in a 24-7 sobriety
program as defined in Section 
41-6a-515.5
 if the person is 21 years old or older.
(15) (a) A court that reported a conviction of a violation of this section to the Driver
License Division may shorten the suspension period imposed under Subsection (6) before
completion of the suspension period if the person is participating in or has successfully
completed a 24-7 sobriety program as defined in Section 
41-6a-515.5
.
(b) If the court shortens a person's license suspension period in accordance with the
requirements of this Subsection (15), the court shall forward to the Driver License Division, in
a manner specified by the division, the order shortening the person's suspension period.
(c) The court shall notify the Driver License Division, in a manner specified by the
division, if a person fails to complete all requirements of a 24-7 sobriety program.
(d) (i) (A) Upon receiving the notification described in Subsection (15)(c), for a first
offense, the division shall suspend the person's driving privilege for a period of 120 days from
the date of notice.
(B) For a suspension described in Subsection (15)(d)(i)(A), no days shall be subtracted
from the 120-day suspension period for which a driving privilege was suspended under this
section or under Section 
53-3-223
, if the previous suspension was based on the same
occurrence upon which the conviction under this section is based.
(ii) (A) Upon receiving the notification described in Subsection (15)(c), for a second or
subsequent offense, the division shall revoke the person's driving privilege for a period of two
years from the date of notice.
(B) For a revocation described in Subsection (15)(d)(ii)(A), no days shall be subtracted
from the two-year revocation period for which a driving privilege was previously revoked
under this section or under Section 
53-3-223
, if the previous revocation was based on the same
occurrence upon which the conviction under this section is based.
Section 47. Section 
41-6a-523
 is amended to read:
41-6a-523.
Persons authorized to draw blood -- Immunity from liability.
(1) (a) Only the following, acting at the request of a peace officer, may draw blood to
determine its alcohol or drug content:
(i) a physician;
(ii) a physician assistant;
(iii) a registered nurse;
(iv) a licensed practical nurse;
(v) a paramedic;
(vi) as provided in Subsection (1)(b), emergency medical service personnel other than
paramedics; or
(vii) a person with a valid permit issued by the Department of Health 
and Human
Services
 under Section [
26-1-30
] 
26B-1-202
.
(b) The Department of Health 
and Human Services
 may designate by rule, in
accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, which emergency
medical service personnel, as defined in Section [
26-8a-102
] 
26B-4-101
, are authorized to
draw blood under Subsection (1)(a)(vi), based on the type of license under Section [
26-8a-302
]
26B-4-116
.
(c) Subsection (1)(a) does not apply to taking a urine, breath, or oral fluid specimen.
(2) The following are immune from civil or criminal liability arising from drawing a
blood sample from a person whom a peace officer has reason to believe is driving in violation
of this chapter, if the sample is drawn in accordance with standard medical practice:
(a) a person authorized to draw blood under Subsection (1)(a); and
(b) if the blood is drawn at a hospital or other medical facility, the medical facility.
Section 48. Section 
41-6a-1717
 is amended to read:
41-6a-1717.
Smoking in a vehicle prohibited when child is present -- Penalty --
Enforcement.
(1) As used in this section, "smoking" has the same meaning as defined in Section
[
26-38-2
] 
26B-7-501
.
(2) (a) Except as provided in Subsection (2)(b), smoking is prohibited in a motor
vehicle if a child who is 15 years [
of age
] 
old
 or younger is a passenger in the vehicle.
(b) A person may smoke in a motor vehicle while a child who is 15 years [
of age
] 
old
or younger is a passenger in the vehicle if the person:
(i) is operating a convertible or open-body type motor vehicle; and
(ii) the roof on the convertible or open-body type motor vehicle is in the open-air
mode.
(3) A person who violates this section is guilty of an infraction and is subject to a
maximum fine of $45.
(4) Until July 1, 2014, a peace officer may not issue a citation to an individual for a
violation of this section but shall issue the individual a warning informing the individual that
smoking is prohibited in a motor vehicle if a child who is 15 years [
of age
] 
old
 or younger is a
passenger in the vehicle.
(5) The court may suspend the fine for a violation of this section if:
(a) the person has not previously been convicted of a violation of this section; and
(b) the person proves to the court that the person has enrolled in a smoking cessation
program.
(6) Enforcement of this section by a state or local law enforcement officer shall be only
as a secondary action when the vehicle has been detained for a suspected violation by any
person in the vehicle of Title 41, Motor Vehicles, other than this section, or for another offense.
(7) A violation of this section may not be used as a basis for or evidence of child abuse
or neglect.
Section 49. Section 
41-22-8
 is amended to read:
41-22-8.
Registration fees.
(1) The division, after notifying the commission, shall establish the fees that shall be
paid in accordance with this chapter, subject to the following:
(a) (i) Except as provided in Subsection (1)(a)(ii) or (iii), the fee for each off-highway
vehicle registration may not exceed $35.
(ii) The fee for each snowmobile registration may not exceed $26.
(iii) The fee for each street-legal all-terrain vehicle may not exceed $72.
(b) The fee for each duplicate registration card may not exceed $3.
(c) The fee for each duplicate registration sticker may not exceed $5.
(2) A fee may not be charged for an off-highway vehicle that is owned and operated by
the United States Government, this state, or its political subdivisions.
(3) (a) In addition to the fees under this section, Section 
41-22-33
, and Section
41-22-34
, the Motor Vehicle Division shall require a person to pay one dollar to register an
off-highway vehicle under Section 
41-22-3
.
(b) The Motor Vehicle Division shall deposit the fees the Motor Vehicle Division
collects under Subsection (3)(a) into the Spinal Cord and Brain Injury Rehabilitation Fund
described in Section [
26-54-102
] 
26B-1-319
.
Section 50. Section 
49-11-1401
 is amended to read:
49-11-1401.
Forfeiture of retirement benefits for employees for employment
related offense convictions -- Notifications -- Investigations -- Appeals.
(1) As used in this section:
(a) "Convicted" means a conviction by plea or by verdict, including a plea of guilty or a
plea of no contest that is held in abeyance under Title 77, Chapter 2a, Pleas in Abeyance,
regardless of whether the charge was, or is, subsequently reduced in accordance with the plea
agreement or reduced or dismissed in accordance with the plea agreement or the plea in
abeyance agreement.
(b) "Employee" means a member of a system or plan administered by the board.
(c) (i) "Employment related offense" means a felony committed during employment or
the term of an elected or appointed office with a participating employer that is:
(A) during the performance of the employee's duties;
(B) within the scope of the employee's employment; or
(C) under color of the employee's authority.
(ii) "Employment related offense" does not include any federal offense for conduct that
is lawful under [
Title 26, Chapter 61a, Utah Medical Cannabis Act
] 
Title 26B, Chapter 4, Part
2, Cannabinoid Research and Medical Cannabis
.
(2) (a) Notwithstanding any other provision of this title, an employee shall forfeit
accrual of service credit, employer retirement related contributions, including employer
contributions to the employer sponsored defined contribution plans, or other retirement related
benefits from a system or plan under this title in accordance with this section.
(b) The forfeiture of retirement related benefits under Subsection (2)(a) does not
include the employee's contribution to a defined contribution plan.
(3) An employee shall forfeit the benefits described under Subsection (2)(a):
(a) if the employee is convicted of an employment related offense;
(b) beginning on the day on which the employment related offense occurred; and
(c) until the employee is either:
(i) re-elected or reappointed to office; or
(ii) (A) terminated from the position for which the employee was found to have
committed an employment related offense; and
(B) rehired or hired as an employee who is eligible to be a member of a Utah state
retirement system or plan.
(4) The employee's participating employer shall:
(a) immediately notify the office:
(i) if an employee is charged with an offense that is or may be an employment related
offense under this section; and
(ii) if the employee described in Subsection (4)(a)(i) is acquitted of the offense that is
or may be an employment related offense under this section; and
(b) if the employee is convicted of an offense that may be an employment related
offense:
(i) conduct an investigation, which may rely on the conviction, to determine:
(A) whether the conviction is for an employment related offense; and
(B) the date on which the employment related offense was initially committed; and
(ii) after the period of time for an appeal by an employee under Subsection (5),
immediately notify the office of the employer's determination under this Subsection (4)(b).
(5) An employee may appeal the employee's participating employer's determination
under Subsection (4)(b) in accordance with the participating employer's procedures for
appealing agency action, including Title 63G, Chapter 4, Administrative Procedures Act, if
applicable.
(6) (a) Notwithstanding Subsection (4), a district attorney, a county attorney, the
attorney general's office, or the state auditor may notify the office and the employee's
participating employer if an employee is charged with an offense that is or may be an
employment related offense under this section.
(b) If the employee's participating employer receives a notification under Subsection
(6)(a), the participating employer shall immediately report to the entity that provided the
notification under Subsection (6)(a):
(i) if the employee is acquitted of the offense;
(ii) if the employee is convicted of an offense that may be an employment related
offense; and
(iii) when the participating employer has concluded the participating employer's duties
under this section if the employee is convicted, including conducting an investigation, making
a determination under Subsection (4)(b) that the conviction was for an employment related
offense, and notifying the office under Subsection (7).
(c) The notifying entity under Subsection (6)(a) may assist the employee's participating
employer with the investigation and determination described under Subsection (4)(b).
(7) Upon receiving a notification from a participating employer that the participating
employer has made a determination under Subsection (4)(b) that the conviction was for an
employment related offense, the office shall immediately forfeit any service credit, employer
retirement related contributions, including employer contributions to the employer sponsored
contribution plans, or other retirement related benefits accrued by or made for the benefit of the
employee, beginning on the date of the initial employment related offense determined under
Subsection (4)(b).
(8) This section applies to an employee who is convicted on or after the effective date
of this act for an employment related offense.
(9) The board may make rules to implement this section.
(10) If any provision of this section, or the application of any provision to any person
or circumstance, is held invalid, the remainder of this section shall be given effect without the
invalid provision or application.
Section 51. Section 
49-12-202
 is amended to read:
49-12-202.
Participation of employers -- Limitations -- Exclusions -- Admission
requirements -- Exceptions -- Nondiscrimination requirements.
(1) (a) Unless excluded under Subsection (2), an employer is a participating employer
and may not withdraw from participation in this system.
(b) In addition to participation in this system, a participating employer may provide or
participate in public or private retirement, supplemental or defined contribution plan, either
directly or indirectly, for the participating employer's employees.
(2) The following employers may be excluded from participation in this system:
(a) an employer not initially admitted or included as a participating employer in this
system prior to January 1, 1982, if:
(i) the employer elects not to provide or participate in any type of private or public
retirement, supplemental or defined contribution plan, either directly or indirectly, for the
employer's employees, except for Social Security; or
(ii) the employer offers another collectively bargained retirement benefit and has
continued to do so on an uninterrupted basis since that date;
(b) an employer that is a charter school authorized under Title 53G, Chapter 5, Part 3,
Charter School Authorization, and does not elect to participate in accordance with Section
53G-5-407
;
(c) an employer that is a hospital created as a special service district under Title 17D,
Chapter 1, Special Service District Act, that makes an election of nonparticipation in
accordance with Subsection (4); or
(d) an employer that is licensed as a nursing care facility under [
Title 26, Chapter 21,
Health Care Facility Licensing and Inspection Act
] 
Title 26B, Chapter 2, Part 2, Health Care
Facility Licensing and Inspection
, and created as a special service district under Title 17D,
Chapter 1, Special Service District Act, in a rural area of the state that makes an election of
nonparticipation in accordance with Subsection (4).
(3) An employer who did not become a participating employer in this system prior to
July 1, 1986, may not participate in this system.
(4) (a) (i) Until June 30, 2009, a employer that is a hospital created as a special service
district under Title 17D, Chapter 1, Special Service District Act, may make an election of
nonparticipation as an employer for retirement programs under this chapter.
(ii) Until June 30, 2014, an employer that is licensed as a nursing care facility under
[
Title 26, Chapter 21, Health Care Facility Licensing and Inspection Act
] 
Title 26B, Chapter 2,
Part 2, Health Care Facility Licensing and Inspection
, and created as a special service district
under Title 17D, Chapter 1, Special Service District Act, in a rural area of the state may make
an election of nonparticipation as an employer for retirement programs under this chapter.
(b) An election provided under Subsection (4)(a):
(i) is a one-time election made no later than the time specified under Subsection (4)(a);
(ii) shall be documented by a resolution adopted by the governing body of the special
service district;
(iii) is irrevocable; and
(iv) applies to the special service district as the employer and to all employees of the
special service district.
(c) The governing body of the special service district may offer employee benefit plans
for special service district's employees:
(i) under Title 49, Chapter 20, Public Employees' Benefit and Insurance Program Act;
or
(ii) under any other program.
(5) (a) If a participating employer purchases service credit on behalf of a regular
full-time employee for service rendered prior to the participating employer's admission to this
system, the participating employer shall:
(i) purchase service credit in a nondiscriminatory manner on behalf of all current and
former regular full-time employees who were eligible for service credit at the time service was
rendered; and
(ii) comply with the provisions of Section 
49-11-403
, except for the requirement
described in Subsection 
49-11-403
(2)(a).
(b) For a purchase made under this Subsection (5), an employee is not required to:
(i) have at least four years of service credit before the purchase can be made; or
(ii) forfeit service credit or any defined contribution balance based on the employer
contributions under any other retirement system or plan based on the period of employment for
which service credit is being purchased.
Section 52. Section 
49-13-202
 is amended to read:
49-13-202.
Participation of employers -- Limitations -- Exclusions -- Admission
requirements -- Nondiscrimination requirements -- Service credit purchases.
(1) (a) Unless excluded under Subsection (2), an employer is a participating employer
and may not withdraw from participation in this system.
(b) In addition to participation in this system, a participating employer may provide or
participate in any additional public or private retirement, supplemental or defined contribution
plan, either directly or indirectly, for the participating employer's employees.
(2) The following employers may be excluded from participation in this system:
(a) an employer not initially admitted or included as a participating employer in this
system before January 1, 1982, if:
(i) the employer elects not to provide or participate in any type of private or public
retirement, supplemental or defined contribution plan, either directly or indirectly, for the
employer's employees, except for Social Security; or
(ii) the employer offers another collectively bargained retirement benefit and has
continued to do so on an uninterrupted basis since that date;
(b) an employer that is a charter school authorized under Title 53G, Chapter 5, Part 3,
Charter School Authorization, and does not elect to participate in accordance with Section
53G-5-407
;
(c) an employer that is a hospital created as a special service district under Title 17D,
Chapter 1, Special Service District Act, that makes an election of nonparticipation in
accordance with Subsection (5);
(d) an employer that is licensed as a nursing care facility under [
Title 26, Chapter 21,
Health Care Facility Licensing and Inspection Act
] 
Title 26B, Chapter 2, Part 2, Health Care
Facility Licensing and Inspection
, and created as a special service district under Title 17D,
Chapter 1, Special Service District Act, in a rural area of the state that makes an election of
nonparticipation in accordance with Subsection (5); or
(e) an employer that is a risk management association initially created by interlocal
agreement before 1986 for the purpose of implementing a self-insurance joint protection
program for the benefit of member municipalities of the association.
(3) If an employer that may be excluded under Subsection (2)(a)(i) elects at any time to
provide or participate in any type of public or private retirement, supplemental or defined
contribution plan, either directly or indirectly, except for Social Security, the employer shall be
a participating employer in this system regardless of whether the employer has applied for
admission under Subsection (4).
(4) (a) An employer may, by resolution of the employer's governing body, apply for
admission to this system.
(b) Upon approval of the resolution by the board, the employer is a participating
employer in this system and is subject to this title.
(5) (a) (i) Until June 30, 2009, a employer that is a hospital created as a special service
district under Title 17D, Chapter 1, Special Service District Act, may make an election of
nonparticipation as an employer for retirement programs under this chapter.
(ii) Until June 30, 2014, an employer that is licensed as a nursing care facility under
[
Title 26, Chapter 21, Health Care Facility Licensing and Inspection Act
] 
Title 26B, Chapter 2,
Part 2, Health Care Facility Licensing and Inspection
, and created as a special service district
under Title 17D, Chapter 1, Special Service District Act, in a rural area of the state may make
an election of nonparticipation as an employer for retirement programs under this chapter.
(iii) On or before July 1, 2010, an employer described in Subsection (2)(e) may make
an election of nonparticipation as an employer for retirement programs under this chapter.
(b) An election provided under Subsection (5)(a):
(i) is a one-time election made no later than the time specified under Subsection (5)(a);
(ii) shall be documented by a resolution adopted by the governing body of the
employer;
(iii) is irrevocable; and
(iv) applies to the employer as described in Subsection (5)(a)(i), (ii), or (iii) and to all
employees of that employer.
(c) The employer making an election under Subsection (5)(a) may offer employee
benefit plans for the employer's employees:
(i) under Title 49, Chapter 20, Public Employees' Benefit and Insurance Program Act;
or
(ii) under any other program.
(6) (a) If a participating employer purchases service credit on behalf of a regular
full-time employee for service rendered prior to the participating employer's admission to this
system, the participating employer shall:
(i) purchase service credit in a nondiscriminatory manner on behalf of all current and
former regular full-time employees who were eligible for service credit at the time service was
rendered; and
(ii) comply with the provisions of Section 
49-11-403
, except for the requirement
described in Subsection 
49-11-403
(2)(a).
(b) For a purchase made under this Subsection (6), an employee is not required to:
(i) have at least four years of service credit before the purchase can be made; or
(ii) forfeit service credit or any defined contribution balance based on the employer
contributions under any other retirement system or plan based on the period of employment for
which service credit is being purchased.
Section 53. Section 
49-20-201
 is amended to read:
49-20-201.
Program participation -- Eligibility -- Optional for certain groups.
(1) (a) The state shall participate in the program on behalf of the state's employees.
(b) Other employers, including political subdivisions and educational institutions, are
eligible, but are not required, to participate in the program on behalf of their employees.
(2) (a) As provided in Subsection [
26-40-110
(5)
] 
26B-3-908
(5)
, the Department of
Health 
and Human Services
 may participate in the program for the purpose of providing health
and dental benefits to children enrolled in the Utah Children's Health Insurance Program
created in [
Title 26, Chapter 40, Utah Children's Health Insurance Act
] 
Title 26B, Chapter 3,
Part 9, Utah Children's Health Insurance Program
.
(b) If the Department of Health 
and Human Services
 participates in the program under
the provisions of this Subsection (2), all insurance risk associated with the Utah Children's
Health Insurance Program shall be the responsibility of the Department of Health 
and Human
Services
 and not the program or the office.
(3) Volunteer emergency medical service personnel are eligible to participate in the
program in accordance with Section [
26-8a-603
] 
26B-4-136
.
(4) A covered individual shall be eligible for coverage after termination of employment
under rules adopted by the board.
(5) Only the following are eligible for Medicare supplement coverage under this
chapter upon becoming eligible for Medicare Part A and Part B coverage:
(a) retirees;
(b) members;
(c) participants;
(d) employees who have medical employee benefit plan coverage at the time of their
retirement; and
(e) current spouses of those who are eligible under Subsections (5)(a) through (d).
Section 54. Section 
49-20-401
 is amended to read:
49-20-401.
Program -- Powers and duties.
(1) The program shall:
(a) act as a self-insurer of employee benefit plans and administer those plans;
(b) enter into contracts with private insurers or carriers to underwrite employee benefit
plans as considered appropriate by the program;
(c) indemnify employee benefit plans or purchase commercial reinsurance as
considered appropriate by the program;
(d) provide descriptions of all employee benefit plans under this chapter in cooperation
with covered employers;
(e) process claims for all employee benefit plans under this chapter or enter into
contracts, after competitive bids are taken, with other benefit administrators to provide for the
administration of the claims process;
(f) obtain an annual actuarial review of all health and dental benefit plans and a
periodic review of all other employee benefit plans;
(g) consult with the covered employers to evaluate employee benefit plans and develop
recommendations for benefit changes;
(h) annually submit a budget and audited financial statements to the governor and
Legislature that includes total projected benefit costs and administrative costs;
(i) maintain reserves sufficient to liquidate the unrevealed claims liability and other
liabilities of the employee benefit plans as certified by the program's consulting actuary;
(j) submit, in advance, the program's recommended benefit adjustments for state
employees to:
(i) the Legislature; and
(ii) the director of the state Division of Human Resource Management;
(k) determine benefits and rates, upon approval of the board, for multi-employer risk
pools, retiree coverage, and conversion coverage;
(l) determine benefits and rates based on the total estimated costs and the employee
premium share established by the Legislature, upon approval of the board, for state employees;
(m) administer benefits and rates, upon ratification of the board, for single-employer
risk pools;
(n) request proposals for one or more out-of-state provider networks and a dental
health plan administered by a third-party carrier at least once every three years for the purposes
of:
(i) stimulating competition for the benefit of covered individuals;
(ii) establishing better geographical coverage of medical care services; and
(iii) providing coverage for both active and retired covered individuals;
(o) for a proposal that meets the criteria specified in a request for proposals and is
accepted by the program:
(i) offer the proposal to active and retired state-covered individuals; and
(ii) at the option of the covered employer, offer the proposal to active and retired
covered individuals of other covered employers;
(p) perform the same functions established in Subsections (1)(a), (b), (e), and (h) for
the Department of Health 
and Human Services
 if the program provides program benefits to
children enrolled in the Utah Children's Health Insurance Program created in [
Title 26, Chapter
40, Utah Children's Health Insurance Act
] 
Title 26B, Chapter 3, Part 9, Utah Children's Health
Insurance Program
;
(q) establish rules and procedures governing the admission of political subdivisions or
educational institutions and their employees to the program;
(r) (i) contract directly with medical providers to provide services for covered
individuals at commercially competitive rates; and
(ii) (A) discontinue the preferred network, which offers in-network access to all
in-state hospitals, for the state risk pool created in Subsection 
49-20-202
(1)(a) for plan years
starting on or after July 1, 2022; and
(B) for an employee in the state risk pool who fails to elect one of the remaining
networks before July 1, 2022, enroll the employee and the employee's dependents into the
network that best reflects the utilization pattern of that employee and the employee's
dependents;
(s) (i) require state employees and the state employees' dependents to participate in the
electronic exchange of clinical health records in accordance with Section [
26-1-37
] 
26B-8-411
unless the enrollee opts out of participation; and
(ii) prior to enrolling the state employee, each time the state employee logs onto the
program's website, and each time the enrollee receives written enrollment information from the
program, provide notice to the enrollee of the enrollee's participation in the electronic exchange
of clinical health records and the option to opt out of participation at any time;
(t) at the request of a procurement unit, as that term is defined in Section 
63G-6a-103
,
that administers benefits to program recipients who are not covered by [
Title 26, Utah Health
Code
] 
Title 26B, Utah Health and Human Services Code
, provide services for:
(i) drugs;
(ii) medical devices; or
(iii) other types of medical care; and
(u) take additional actions necessary or appropriate to carry out the purposes of this
chapter.
(2) (a) Funds budgeted and expended shall accrue from rates paid by the covered
employers and covered individuals.
(b) The board shall approve administrative costs and report the administrative costs to
the governor and the Legislature.
(3) The Division of Human Resource Management shall include the benefit
adjustments described in Subsection (1)(j) in the total compensation plan recommended to the
governor required under Subsection 
63A-17-307
(5)(a).
(4) The program may establish a partnership with a public entity in a different state to
purchase or share services related to the administration of medical benefits if:
(a) the program receives approval for the partnership from the board; and
(b) the partnership:
(i) creates cost savings for Utah;
(ii) does not commingle state funds with funds of the public entity in the other state;
and
(iii) does not pose a greater actuarial risk to Utah than the program has already
assumed.
Section 55. Section 
49-20-414
 is amended to read:
49-20-414.
Telemedicine services -- Reimbursement -- Reporting.
(1) As used in this section:
(a) "Network provider" means a health care provider who has an agreement with the
program to provide health care services to a patient with an expectation of receiving payment,
other than coinsurance, copayments, or deductibles, directly from the managed care
organization.
(b) "Telemedicine services" means the same as that term is defined in Section
[
26-60-102
] 
26B-4-704
.
(2) This section applies to the risk pool established for the state under Subsection
49-20-201
(1)(a).
(3) The program shall, at the provider's request, reimburse a network provider for
medically appropriate telemedicine services at a commercially reasonable rate.
(4) Before November 1, 2019, the program shall report to the Legislature's Public
Utilities, Energy, and Technology Interim Committee and Health Reform Task Force on:
(a) the result of the reimbursement requirement described in Subsection (3);
(b) existing and potential uses of telehealth and telemedicine services;
(c) issues of reimbursement to a provider offering telehealth and telemedicine services;
(d) potential rules or legislation related to:
(i) providers offering and insurers reimbursing for telehealth and telemedicine services;
and
(ii) increasing access to health care, increasing the efficiency of health care, and
decreasing the costs of health care; and
(e) telemedicine services that the program declined to cover because the telemedicine
services that were requested were not medically appropriate.
Section 56. Section 
49-20-421
 is amended to read:
49-20-421.
Prescription discount program.
(1) As used in this section:
(a) "Diabetes" means:
(i) complete insulin deficiency or type 1 diabetes;
(ii) insulin resistant with partial insulin deficiency or type 2 diabetes; or
(iii) elevated blood glucose levels induced by pregnancy or gestational diabetes.
(b) "Discount program" means a process developed by the program that allows
participants to purchase a qualified prescription at a discounted, post-rebate rate.
(c) "Epinephrine auto-injector" means the same as that term is defined in Section
[
26-41-102
] 
26B-4-401
.
(d) "Individual with diabetes" means an individual who has been diagnosed with
diabetes and who uses insulin to treat diabetes.
(e) "Insulin" means a prescription drug that contains insulin.
(f) "Participant" means a resident of Utah who:
(i) has a qualified condition;
(ii) does not receive health coverage under the program; and
(iii) enrolls in the discount program.
(g) "Prescription drug" means the same as that term is defined in Section 
58-17b-102
.
(h) "Qualified condition" means the individual:
(i) uses insulin to treat diabetes; or
(ii) has a prescription or a standing prescription drug order for an epinephrine
auto-injector issued under Section 
58-17b-1005
.
(i) "Qualified prescription" means:
(i) insulin; or
(ii) epinephrine auto-injector.
(j) "Rebate" means the same as that term is defined in Section 
31A-46-102
.
(2) Notwithstanding Subsection 
49-20-201
(1), and for the purpose of the discount
program only, the program shall offer a discount program that allows participants to purchase a
qualified prescription at a discounted, post-rebate price when a rebate is available.
(3) The discount program described in Subsection (2) shall:
(a) provide a participant with a card or electronic document that identifies the
participant as eligible for the discount on a qualified prescription related to the participant's
qualified condition;
(b) provide a participant with information about pharmacies that will honor the
discount;
(c) allow a participant to purchase a qualified prescription at a discounted, post-rebate
price; and
(d) provide a participant with instructions to pursue a reimbursement of the purchase
price from the participant's health insurer.
(4) The discount program shall charge a price for a qualified prescription that allows
the program to retain only enough of any rebate for the qualified prescription to make the state
risk pool whole for providing a discounted qualified prescription to participants.
Section 57. Section 
51-2a-102
 is amended to read:
51-2a-102.
Definitions.
As used in this chapter:
(1) "Accounting reports" means an audit, a review, a compilation, or a fiscal report.
(2) "Audit" means an examination that:
(a) is performed in accordance with generally accepted government auditing standards,
or for a nonprofit corporation or a governmental nonprofit corporation, in accordance with
generally accepted auditing standards; and
(b) conforms to the uniform classification of accounts established or approved by the
state auditor or any other classification of accounts established by any federal government
agency.
(3) "Audit report" means:
(a) the financial statements presented in conformity with generally accepted accounting
principles;
(b) the auditor's opinion on the financial statements;
(c) a statement by the auditor expressing positive assurance of compliance with state
fiscal laws identified by the state auditor;
(d) a copy of the auditor's letter to management that identifies any material weakness in
internal controls discovered by the auditor and other financial issues related to the expenditure
of funds received from federal, state, or local governments to be considered by management;
and
(e) management's response to the specific recommendations.
(4) "Compilation" means information presented in the form of financial statements
presented in conformity with generally accepted accounting principles that are the
representation of management without the accountant undertaking to express any assurances on
the statements.
(5) "Fiscal report" means providing information detailing revenues and expenditures of
all funds in a format prescribed by the state auditor.
(6) "Governing board" means:
(a) the governing board of each political subdivision;
(b) the governing board of each interlocal organization having the power to tax or to
expend public funds;
(c) the governing board of any local mental health authority established under the
authority of [
Title 62A, Chapter 15, Substance Abuse and Mental Health Act
] 
Title 26B,
Chapter 5, Health Care - Substance Use and Mental Health
;
(d) the governing board of any substance abuse authority established under the
authority of [
Title 62A, Chapter 15, Substance Abuse and Mental Health Act
] 
Title 26B,
Chapter 5, Health Care - Substance Use and Mental Health
;
(e) the governing board of any area agency established under the authority of [
Title
62A, Chapter 3, Aging and Adult Services
] 
Title 26B, Chapter 6, Part 1, Aging and Adult
Services
;
(f) the board of directors of any nonprofit corporation that receives an amount of
money requiring an accounting report under Section 
51-2a-201.5
;
(g) the governing board, as that term is defined in Section 
11-13a-102
, of a
governmental nonprofit corporation;
(h) the governing board of any other entity established by a local governmental unit
that receives tax exempt status for bonding or taxing purposes; and
(i) in municipalities organized under an optional form of municipal government, the
municipal legislative body.
(7) "Governmental nonprofit corporation" means the same as that term is defined in
Section 
11-13a-102
.
(8) "Nonprofit corporation" does not include a governmental nonprofit corporation.
(9) "Review" means performing inquiry and analytical procedures that provide the
accountant with a reasonable basis for expressing limited assurance that there are no material
modifications that should be made to the financial statements for them to be in conformity with
generally accepted accounting principles.
Section 58. Section 
51-7-2
 is amended to read:
51-7-2.
Exemptions from chapter.
The following funds are exempt from this chapter:
(1) funds invested in accordance with the participating employees' designation or
direction pursuant to a public employees' deferred compensation plan established and operated
in compliance with Section 457 of the Internal Revenue Code of 1986, as amended;
(2) funds of the Utah State Retirement Board;
(3) funds of the Utah Housing Corporation;
(4) endowment funds of higher education institutions, including funds of the Higher
Education Student Success Endowment, created in Section 
53B-7-801
;
(5) permanent and other land grant trust funds established pursuant to the Utah
Enabling Act and the Utah Constitution;
(6) the State Post-Retirement Benefits Trust Fund;
(7) the funds of the Utah Educational Savings Plan;
(8) funds of the permanent state trust fund created by and operated under Utah
Constitution, Article XXII, Section 4;
(9) the funds in the Navajo Trust Fund;
(10) the funds in the Radioactive Waste Perpetual Care and Maintenance Account;
(11) the funds in the Employers' Reinsurance Fund;
(12) the funds in the Uninsured Employers' Fund;
(13) the Utah State Developmental Center Long-Term Sustainability Fund, created in
Section [
62A-5-206.7
] 
26B-1-331
;
(14) the funds in the Risk Management Fund created in Section 
63A-4-201
; and
(15) the Utah fund of funds created in Section 
63N-6-401
.
Section 59. Section 
51-9-201
 is amended to read:
51-9-201.
Creation of Tobacco Settlement Restricted Account.
(1) There is created within the General Fund a restricted account known as the
"Tobacco Settlement Restricted Account."
(2) The account shall earn interest.
(3) The account shall consist of:
(a) on and after July 1, 2007, 60% of all funds of every kind that are received by the
state that are related to the settlement agreement that the state entered into with leading tobacco
manufacturers on November 23, 1998; and
(b) interest earned on the account.
(4) To the extent that funds will be available for appropriation in a given fiscal year,
those funds shall be appropriated from the account in the following order:
(a) $66,600 to the Office of the Attorney General for ongoing enforcement and defense
of the Tobacco Settlement Agreement;
(b) $18,500 to the State Tax Commission for ongoing enforcement of business
compliance with the Tobacco Tax Settlement Agreement;
(c) $11,022,900 to the Department of Health 
and Human Services
 for:
(i) children in the Medicaid program created in [
Title 26, Chapter 18, Medical
Assistance Act
] 
Title 26B, Chapter 3, Health Care - Administration and Assistance
, and the
Children's Health Insurance Program created in Section [
26-40-103
] 
26B-3-902
; and
(ii) for restoration of dental benefits in the Children's Health Insurance Program;
(d) $3,277,100 to the Department of Health 
and Human Services
 for alcohol, tobacco,
and other drug prevention, reduction, cessation, and control programs that promote unified
messages and make use of media outlets, including radio, newspaper, billboards, and
television, and with a preference in funding given to tobacco-related programs;
(e) $193,700 to the Administrative Office of the Courts and $2,325,400 to the
Department of 
Health and
 Human Services for the statewide expansion of the drug court
program;
(f) $4,000,000 to the Utah Board of Higher Education for the University of Utah
Health Sciences Center to benefit the health and well-being of Utah citizens through in-state
research, treatment, and educational activities; and
(g) any remaining funds as directed by the Legislature through appropriation.
Section 60. Section 
51-9-203
 is amended to read:
51-9-203.
Requirements for tobacco and electronic cigarette programs.
(1) To be eligible to receive funding under this part for a tobacco prevention, reduction,
cessation, or control program, an organization, whether private, governmental, or
quasi-governmental, shall:
(a) submit a request to the Department of Health 
and Human Services
 containing the
following information:
(i) for media campaigns to prevent or reduce smoking, the request shall demonstrate
sound management and periodic evaluation of the campaign's relevance to the intended
audience, particularly in campaigns directed toward youth, including audience awareness of the
campaign and recollection of the main message;
(ii) for school-based education programs to prevent and reduce youth smoking, the
request shall describe how the program will be effective in preventing and reducing youth
smoking;
(iii) for community-based programs to prevent and reduce smoking, the request shall
demonstrate that the proposed program:
(A) has a comprehensive strategy with a clear mission and goals;
(B) provides for committed, caring, and professional leadership; and
(C) if directed toward youth:
(I) offers youth-centered activities in youth accessible facilities;
(II) is culturally sensitive, inclusive, and diverse;
(III) involves youth in the planning, delivery, and evaluation of services that affect
them; and
(IV) offers a positive focus that is inclusive of all youth; and
(iv) for enforcement, control, and compliance program, the request shall demonstrate
that the proposed program can reasonably be expected to reduce the extent to which tobacco
products and electronic cigarette products, as those terms are defined in Section 
76-10-101
, are
available to individuals under 21 years old;
(b) agree, by contract, to file an annual written report with the Department of Health
and Human Services
 that contains the following:
(i) the amount funded;
(ii) the amount expended;
(iii) a description of the program or campaign and the number of adults and youth who
participated;
(iv) specific elements of the program or campaign meeting the applicable criteria set
forth in Subsection (1)(a); and
(v) a statement concerning the success and effectiveness of the program or campaign;
(c) agree, by contract, to not use any funds received under this part directly or
indirectly, to:
(i) engage in any lobbying or political activity, including the support of, or opposition
to, candidates, ballot questions, referenda, or similar activities; or
(ii) engage in litigation with any tobacco manufacturer, retailer, or distributor, except to
enforce:
(A) the provisions of the Master Settlement Agreement;
(B) [
Title 26, Chapter 38, Utah Indoor Clean Air Act
] 
Title 26B, Chapter 7, Part 6,
Regulation of Smoking, Tobacco Products, and Nicotine Products
;
(C) [
Title 26, Chapter 62, Part 3, Enforcement
] 
Sections 
26B-7-514
 through
26B-7-520
; and
(D) Title 77, Chapter 39, Sale of Tobacco or Alcohol to Under Age Persons; and
(d) agree, by contract, to repay the funds provided under this part if the organization:
(i) fails to file a timely report as required by Subsection (1)(b); or
(ii) uses any portion of the funds in violation of Subsection (1)(c).
(2) The Department of Health 
and Human Services
 shall review and evaluate the
success and effectiveness of any program or campaign that receives funding pursuant to a
request submitted under Subsection (1). The review and evaluation:
(a) shall include a comparison of annual smoking trends;
(b) may be conducted by an independent evaluator; and
(c) may be paid for by funds appropriated from the account for that purpose.
(3) An organization that fails to comply with the contract requirements set forth in
Subsection (1) shall:
(a) repay the state as provided in Subsection (1)(d); and
(b) be disqualified from receiving funds under this part in any subsequent fiscal year.
(4) The attorney general shall be responsible for recovering funds that are required to
be repaid to the state under this section.
(5) Nothing in this section may be construed as applying to funds that are not
appropriated under this part.
Section 61. Section 
52-4-205
 is amended to read:
52-4-205.
Purposes of closed meetings -- Certain issues prohibited in closed
meetings.
(1) A closed meeting described under Section 
52-4-204
 may only be held for:
(a) except as provided in Subsection (3), discussion of the character, professional
competence, or physical or mental health of an individual;
(b) strategy sessions to discuss collective bargaining;
(c) strategy sessions to discuss pending or reasonably imminent litigation;
(d) strategy sessions to discuss the purchase, exchange, or lease of real property,
including any form of a water right or water shares, or to discuss a proposed development
agreement, project proposal, or financing proposal related to the development of land owned by
the state, if public discussion would:
(i) disclose the appraisal or estimated value of the property under consideration; or
(ii) prevent the public body from completing the transaction on the best possible terms;
(e) strategy sessions to discuss the sale of real property, including any form of a water
right or water shares, if:
(i) public discussion of the transaction would:
(A) disclose the appraisal or estimated value of the property under consideration; or
(B) prevent the public body from completing the transaction on the best possible terms;
(ii) the public body previously gave public notice that the property would be offered for
sale; and
(iii) the terms of the sale are publicly disclosed before the public body approves the
sale;
(f) discussion regarding deployment of security personnel, devices, or systems;
(g) investigative proceedings regarding allegations of criminal misconduct;
(h) as relates to the Independent Legislative Ethics Commission, conducting business
relating to the receipt or review of ethics complaints;
(i) as relates to an ethics committee of the Legislature, a purpose permitted under
Subsection 
52-4-204
(1)(a)(iii)(C);
(j) as relates to the Independent Executive Branch Ethics Commission created in
Section 
63A-14-202
, conducting business relating to an ethics complaint;
(k) as relates to a county legislative body, discussing commercial information as
defined in Section 
59-1-404
;
(l) as relates to the Utah Higher Education Assistance Authority and its appointed
board of directors, discussing fiduciary or commercial information as defined in Section
53B-12-102
;
(m) deliberations, not including any information gathering activities, of a public body
acting in the capacity of:
(i) an evaluation committee under Title 63G, Chapter 6a, Utah Procurement Code,
during the process of evaluating responses to a solicitation, as defined in Section 
63G-6a-103
;
(ii) a protest officer, defined in Section 
63G-6a-103
, during the process of making a
decision on a protest under Title 63G, Chapter 6a, Part 16, Protests; or
(iii) a procurement appeals panel under Title 63G, Chapter 6a, Utah Procurement
Code, during the process of deciding an appeal under Title 63G, Chapter 6a, Part 17,
Procurement Appeals Board;
(n) the purpose of considering information that is designated as a trade secret, as
defined in Section 
13-24-2
, if the public body's consideration of the information is necessary to
properly conduct a procurement under Title 63G, Chapter 6a, Utah Procurement Code;
(o) the purpose of discussing information provided to the public body during the
procurement process under Title 63G, Chapter 6a, Utah Procurement Code, if, at the time of
the meeting:
(i) the information may not, under Title 63G, Chapter 6a, Utah Procurement Code, be
disclosed to a member of the public or to a participant in the procurement process; and
(ii) the public body needs to review or discuss the information to properly fulfill its
role and responsibilities in the procurement process;
(p) as relates to the governing board of a governmental nonprofit corporation, as that
term is defined in Section 
11-13a-102
, the purpose of discussing information that is designated
as a trade secret, as that term is defined in Section 
13-24-2
, if:
(i) public knowledge of the discussion would reasonably be expected to result in injury
to the owner of the trade secret; and
(ii) discussion of the information is necessary for the governing board to properly
discharge the board's duties and conduct the board's business;
(q) as it relates to the Cannabis Production Establishment Licensing Advisory Board,
to review confidential information regarding violations and security requirements in relation to
the operation of cannabis production establishments; or
(r) a purpose for which a meeting is required to be closed under Subsection (2).
(2) The following meetings shall be closed:
(a) a meeting of the Health and Human Services Interim Committee to review a report
described in Subsection [
62A-16-301
(1)(a)
] 
26B-1-506
(1)(a)
, and the responses to the report
described in Subsections [
62A-16-301
(2) and (4)
] 
26B-1-506
(2) and (4)
;
(b) a meeting of the Child Welfare Legislative Oversight Panel to:
(i) review a report described in Subsection [
62A-16-301
(1)(a)
] 
26B-1-506
(1)(a)
, and
the responses to the report described in Subsections [
62A-16-301
(2) and (4)
] 
26B-1-506
(2) and
(4)
; or
(ii) review and discuss an individual case, as described in Subsection 
36-33-103
(2);
(c) a meeting of the Opioid and Overdose Fatality Review Committee, created in
Section [
26-7-13
] 
26B-1-403
, to review and discuss an individual case, as described in
Subsection [
26-7-13
(10)
] 
26B-1-403
(10)
;
(d) a meeting of a conservation district as defined in Section 
17D-3-102
 for the
purpose of advising the Natural Resource Conservation Service of the United States
Department of Agriculture on a farm improvement project if the discussed information is
protected information under federal law;
(e) a meeting of the Compassionate Use Board established in Section [
26-61a-105
]
26B-1-421
 for the purpose of reviewing petitions for a medical cannabis card in accordance
with Section [
26-61a-105
] 
26B-1-421
;
(f) a meeting of the Colorado River Authority of Utah if:
(i) the purpose of the meeting is to discuss an interstate claim to the use of the water in
the Colorado River system; and
(ii) failing to close the meeting would:
(A) reveal the contents of a record classified as protected under Subsection
63G-2-305
(82);
(B) reveal a legal strategy relating to the state's claim to the use of the water in the
Colorado River system;
(C) harm the ability of the Colorado River Authority of Utah or river commissioner to
negotiate the best terms and conditions regarding the use of water in the Colorado River
system; or
(D) give an advantage to another state or to the federal government in negotiations
regarding the use of water in the Colorado River system;
(g) a meeting of the General Regulatory Sandbox Program Advisory Committee if:
(i) the purpose of the meeting is to discuss an application for participation in the
regulatory sandbox as defined in Section 
63N-16-102
; and
(ii) failing to close the meeting would reveal the contents of a record classified as
protected under Subsection 
63G-2-305
(83);
(h) a meeting of a project entity if:
(i) the purpose of the meeting is to conduct a strategy session to discuss market
conditions relevant to a business decision regarding the value of a project entity asset if the
terms of the business decision are publicly disclosed before the decision is finalized and a
public discussion would:
(A) disclose the appraisal or estimated value of the project entity asset under
consideration; or
(B) prevent the project entity from completing on the best possible terms a
contemplated transaction concerning the project entity asset;
(ii) the purpose of the meeting is to discuss a record, the disclosure of which could
cause commercial injury to, or confer a competitive advantage upon a potential or actual
competitor of, the project entity;
(iii) the purpose of the meeting is to discuss a business decision, the disclosure of
which could cause commercial injury to, or confer a competitive advantage upon a potential or
actual competitor of, the project entity; or
(iv) failing to close the meeting would prevent the project entity from getting the best
price on the market; and
(i) a meeting of the School Activity Eligibility Commission, described in Section
53G-6-1003
, if the commission is in effect in accordance with Section 
53G-6-1002
, to
consider, discuss, or determine, in accordance with Section 
53G-6-1004
, an individual student's
eligibility to participate in an interscholastic activity, as that term is defined in Section
53G-6-1001
, including the commission's determinative vote on the student's eligibility.
(3) In a closed meeting, a public body may not:
(a) interview a person applying to fill an elected position;
(b) discuss filling a midterm vacancy or temporary absence governed by Title 20A,
Chapter 1, Part 5, Candidate Vacancy and Vacancy and Temporary Absence in Elected Office;
or
(c) discuss the character, professional competence, or physical or mental health of the
person whose name was submitted for consideration to fill a midterm vacancy or temporary
absence governed by Title 20A, Chapter 1, Part 5, Candidate Vacancy and Vacancy and
Temporary Absence in Elected Office.
Section 62. Section 
53-1-106
 is amended to read:
53-1-106.
Department duties -- Powers.
(1) In addition to the responsibilities contained in this title, the department shall:
(a) make rules and perform the functions specified in Title 41, Chapter 6a, Traffic
Code, including:
(i) setting performance standards for towing companies to be used by the department,
as required by Section 
41-6a-1406
; and
(ii) advising the Department of Transportation regarding the safe design and operation
of school buses, as required by Section 
41-6a-1304
;
(b) make rules to establish and clarify standards pertaining to the curriculum and
teaching methods of a motor vehicle accident prevention course under Section 
31A-19a-211
;
(c) aid in enforcement efforts to combat drug trafficking;
(d) meet with the Division of Technology Services to formulate contracts, establish
priorities, and develop funding mechanisms for dispatch and telecommunications operations;
(e) provide assistance to the Crime Victim Reparations Board and the Utah Office for
Victims of Crime in conducting research or monitoring victims' programs, as required by
Section 
63M-7-505
;
(f) develop sexual assault exam protocol standards in conjunction with the Utah
Hospital Association;
(g) engage in emergency planning activities, including preparation of policy and
procedure and rulemaking necessary for implementation of the federal Emergency Planning
and Community Right to Know Act of 1986, as required by Section 
53-2a-702
;
(h) implement the provisions of Section 
53-2a-402
, the Emergency Management
Assistance Compact;
(i) 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:
(i) under this title;
(ii) by the department; or
(iii) by an agency or division within the department;
(j) employ a law enforcement officer as a public safety liaison to be housed at the State
Board of Education who shall work with the State Board of Education to:
(i) support training with relevant state agencies for school resource officers as
described in Section 
53G-8-702
;
(ii) coordinate the creation of model policies and memorandums of understanding for a
local education agency and a local law enforcement agency; and
(iii) ensure cooperation between relevant state agencies, a local education agency, and
a local law enforcement agency to foster compliance with disciplinary related statutory
provisions, including Sections 
53E-3-516
 and 
53G-8-211
; and
(k) provide for the security and protection of public officials, public officials' staff, and
the capitol hill complex in accordance with the provisions of this part.
(2) (a) The department shall establish a schedule of fees as required or allowed in this
title for services provided by the department.
(b) All fees not established in statute shall be established in accordance with Section
63J-1-504
.
(3) The department may establish or contract for the establishment of an Organ
Procurement Donor Registry in accordance with Section [
26-28-120
] 
26B-8-319
.
Section 63. Section 
53-2a-218
 is amended to read:
53-2a-218.
Legislative Emergency Response Committee.
(1) There is created an ad hoc committee known as the Legislative Emergency
Response Committee.
(2) (a) The committee membership includes:
(i) the same membership as the Executive Appropriations Committee as constituted at
the time the committee is convened;
(ii) between four and six additional members designated by the speaker of the House of
Representatives, chosen from the following:
(A) one or more members of the House of Representatives that serve as chair or
vice-chair of a legislative committee with a subject matter focus relevant to the current
emergency;
(B) one or more members of the House of Representatives with relevant expertise or
experience relevant to the current emergency; or
(C) one or more members of the House of Representatives from a minority party that
serves on a relevant legislative committee or that has expertise and experience relevant to the
current emergency; and
(iii) between four and six additional members designated by the president of the
Senate, chosen from the following:
(A) one or more members of the Senate that serve as chair or vice-chair of a legislative
committee with a subject matter focus relevant to the current emergency;
(B) one or more members of the Senate with relevant expertise or experience relevant
to the current emergency; or
(C) one or more members of the Senate from a minority party that serves on a relevant
legislative committee or that has expertise and experience relevant to the current emergency.
(b) The speaker of the House of Representatives and the president of the Senate shall
coordinate to ensure they each appoint the same number of legislators as described under
Subsections (2)(a)(ii) and (iii).
(3) The speaker of the House of Representatives and the president of the Senate shall
serve as chairs of the committee.
(4) The Office of Legislative Research and General Counsel shall provide staff support
to the committee.
(5) (a) If the governor declares a state of emergency as described in this chapter, and
the governor finds that the emergency conditions warrant an extension of the state of
emergency beyond the 30-day term or another date designated by the Legislature as described
in Section 
53-2a-206
, the governor shall provide written notice to the speaker of the House of
Representatives and the president of the Senate at least 10 days before the expiration of the
state of emergency.
(b) If the speaker of the House of Representatives and the president of the Senate
receive notice as described in Subsection (5)(a) for a state of emergency within the first 30 days
from the initial declaration of the state of emergency, or from the Department of Health 
and
Human Services
 as described in Section [
26-23b-104
] 
26B-7-317
, or from a local health
department as described in Section 
26A-1-121
, the speaker of the House of Representatives
and the president of the Senate:
(i) shall poll the members of their respective bodies to determine whether the
Legislature will extend the state of emergency; and
(ii) may jointly convene the committee.
(c) If the speaker of the House of Representatives and the president of the Senate
receive notice as described in Subsection (5)(a) for a state of emergency that has been extended
beyond 30 days from the initial declaration of a state of emergency, the speaker of the House of
Representatives and the president of the Senate shall jointly convene the committee.
(6) If the committee is convened as described in Subsection (5), the committee shall
conduct a public meeting to:
(a) discuss the nature of the emergency and conditions of the emergency;
(b) evaluate options for emergency response;
(c) receive testimony from individuals with expertise relevant to the current
emergency;
(d) receive testimony from members of the public; and
(e) provide a recommendation to the Legislature whether to extend the state of
emergency by joint resolution.
Section 64. Section 
53-2c-102
 is amended to read:
53-2c-102.
Definitions.
(1) "Commission" means the Public Health and Economic Emergency Commission
created in Section 
53-2c-201
.
(2) "COVID-19" means:
(a) severe acute respiratory syndrome coronavirus 2; or
(b) the disease caused by severe acute respiratory syndrome coronavirus 2.
(3) "COVID-19 emergency" means the spread of COVID-19 that the World Health
Organization declared a pandemic on March 11, 2020.
(4) "Elective surgery or procedure" means a surgery or procedure that is not medically
necessary to correct a serious medical condition or preserve the life of a patient.
(5) "Epidemic or pandemic disease" means the same as that term is defined in Section
[
26-23b-102
] 
26B-7-301
.
(6) "Local ordinance or order" means an ordinance, order, or other regulation enacted
or issued by a local government entity.
(7) "Public health emergency" means an occurrence or imminent credible threat of an
illness or health condition:
(a) that is caused by epidemic or pandemic disease;
(b) that poses a substantial risk of a significant number of human fatalities or incidents
of permanent or long-term disability; and
(c) for which the governor has declared a state of emergency under Title 53, Chapter
2a, Part 2, Disaster Response and Recovery Act.
Section 65. Section 
53-3-102
 is amended to read:
53-3-102.
Definitions.
As used in this chapter:
(1) "Autocycle" means a motor vehicle that:
(a) is designed to travel with three or fewer wheels in contact with the ground; and
(b) is equipped with:
(i) a steering mechanism;
(ii) seat belts; and
(iii) seating that does not require the operator to straddle or sit astride the motor
vehicle.
(2) "Cancellation" means the termination by the division of a license issued through
error or fraud or for which consent under Section 
53-3-211
 has been withdrawn.
(3) "Class D license" means the class of license issued to drive motor vehicles not
defined as commercial motor vehicles or motorcycles under this chapter.
(4) "Commercial driver instruction permit" or "CDIP" means a commercial learner
permit:
(a) issued under Section 
53-3-408
; or
(b) issued by a state or other jurisdiction of domicile in compliance with the standards
contained in 49 C.F.R. Part 383.
(5) "Commercial driver license" or "CDL" means a license:
(a) issued substantially in accordance with the requirements of Title XII, Pub. L.
99-570, the Commercial Motor Vehicle Safety Act of 1986, and in accordance with Part 4,
Uniform Commercial Driver License Act, which authorizes the holder to drive a class of
commercial motor vehicle; and
(b) that was obtained by providing evidence of lawful presence in the United States
with one of the document requirements described in Subsection 
53-3-410
(1)(i)(i).
(6) (a) "Commercial driver license motor vehicle record" or "CDL MVR" means a
driving record that:
(i) applies to a person who holds or is required to hold a commercial driver instruction
permit or a CDL license; and
(ii) contains the following:
(A) information contained in the driver history, including convictions, pleas held in
abeyance, disqualifications, and other licensing actions for violations of any state or local law
relating to motor vehicle traffic control, committed in any type of vehicle;
(B) driver self-certification status information under Section 
53-3-410.1
; and
(C) information from medical certification record keeping in accordance with 49
C.F.R. Sec. 383.73(o).
(b) "Commercial driver license motor vehicle record" or "CDL MVR" does not mean a
motor vehicle record described in Subsection (30).
(7) (a) "Commercial motor vehicle" means a motor vehicle or combination of motor
vehicles designed or used to transport passengers or property if the motor vehicle:
(i) has a gross vehicle weight rating of 26,001 or more pounds or a lesser rating as
determined by federal regulation;
(ii) is designed to transport 16 or more passengers, including the driver; or
(iii) is transporting hazardous materials and is required to be placarded in accordance
with 49 C.F.R. Part 172, Subpart F.
(b) The following vehicles are not considered a commercial motor vehicle for purposes
of Part 4, Uniform Commercial Driver License Act:
(i) equipment owned and operated by the United States Department of Defense when
driven by any active duty military personnel and members of the reserves and national guard on
active duty including personnel on full-time national guard duty, personnel on part-time
training, and national guard military technicians and civilians who are required to wear military
uniforms and are subject to the code of military justice;
(ii) vehicles controlled and driven by a farmer to transport agricultural products, farm
machinery, or farm supplies to or from a farm within 150 miles of his farm but not in operation
as a motor carrier for hire;
(iii) firefighting and emergency vehicles;
(iv) recreational vehicles that are not used in commerce and are driven solely as family
or personal conveyances for recreational purposes; and
(v) vehicles used to provide transportation network services, as defined in Section
13-51-102
.
(8) "Conviction" means any of the following:
(a) an unvacated adjudication of guilt or a determination that a person has violated or
failed to comply with the law in a court of original jurisdiction or an administrative proceeding;
(b) an unvacated forfeiture of bail or collateral deposited to secure a person's
appearance in court;
(c) a plea of guilty or nolo contendere accepted by the court;
(d) the payment of a fine or court costs; or
(e) violation of a condition of release without bail, regardless of whether the penalty is
rebated, suspended, or probated.
(9) "Denial" or "denied" means the withdrawal of a driving privilege by the division to
which the provisions of Title 41, Chapter 12a, Part 4, Proof of Owner's or Operator's Security,
do not apply.
(10) "Director" means the division director appointed under Section 
53-3-103
.
(11) "Disqualification" means either:
(a) the suspension, revocation, cancellation, denial, or any other withdrawal by a state
of a person's privileges to drive a commercial motor vehicle;
(b) a determination by the Federal Highway Administration, under 49 C.F.R. Part 386,
that a person is no longer qualified to drive a commercial motor vehicle under 49 C.F.R. Part
391; or
(c) the loss of qualification that automatically follows conviction of an offense listed in
49 C.F.R. Part 383.51.
(12) "Division" means the Driver License Division of the department created in
Section 
53-3-103
.
(13) "Downgrade" means to obtain a lower license class than what was originally
issued during an existing license cycle.
(14) "Drive" means:
(a) to operate or be in physical control of a motor vehicle upon a highway; and
(b) in Subsections 
53-3-414
(1) through (3), Subsection 
53-3-414
(5), and Sections
53-3-417
 and 
53-3-418
, the operation or physical control of a motor vehicle at any place within
the state.
(15) (a) "Driver" means an individual who drives, or is in actual physical control of a
motor vehicle in any location open to the general public for purposes of vehicular traffic.
(b) In Part 4, Uniform Commercial Driver License Act, "driver" includes any person
who is required to hold a CDL under Part 4, Uniform Commercial Driver License Act, or
federal law.
(16) "Driving privilege card" means the evidence of the privilege granted and issued
under this chapter to drive a motor vehicle to a person whose privilege was obtained without
providing evidence of lawful presence in the United States.
(17) "Electronic license certificate" means the evidence, in an electronic format as
described in Section 
53-3-235
, of a privilege granted under this chapter to drive a motor
vehicle.
(18) "Extension" means a renewal completed in a manner specified by the division.
(19) "Farm tractor" means every motor vehicle designed and used primarily as a farm
implement for drawing plows, mowing machines, and other implements of husbandry.
(20) "Highway" means the entire width between property lines of every way or place of
any nature when any part of it is open to the use of the public, as a matter of right, for traffic.
(21) "Human driver" means the same as that term is defined in Section 
41-26-102.1
.
(22) "Identification card" means a card issued under Part 8, Identification Card Act, to
a person for identification purposes.
(23) "Indigent" means that a person's income falls below the federal poverty guideline
issued annually by the [
U.S.
] 
United States
 Department of Health and Human Services in the
Federal Register.
(24) "License" means the privilege to drive a motor vehicle.
(25) (a) "License certificate" means the evidence of the privilege issued under this
chapter to drive a motor vehicle.
(b) "License certificate" evidence includes:
(i) a regular license certificate;
(ii) a limited-term license certificate;
(iii) a driving privilege card;
(iv) a CDL license certificate;
(v) a limited-term CDL license certificate;
(vi) a temporary regular license certificate;
(vii) a temporary limited-term license certificate; and
(viii) an electronic license certificate created in Section 
53-3-235
.
(26) "Limited-term commercial driver license" or "limited-term CDL" means a license:
(a) issued substantially in accordance with the requirements of Title XII, Pub. L. No.
99-570, the Commercial Motor Vehicle Safety Act of 1986, and in accordance with Part 4,
Uniform Commercial Driver License Act, which authorizes the holder to drive a class of
commercial motor vehicle; and
(b) that was obtained by providing evidence of lawful presence in the United States
with one of the document requirements described in Subsection 
53-3-410
(1)(i)(ii).
(27) "Limited-term identification card" means an identification card issued under this
chapter to a person whose card was obtained by providing evidence of lawful presence in the
United States with one of the document requirements described in Subsection
53-3-804
(2)(i)(ii).
(28) "Limited-term license certificate" means the evidence of the privilege granted and
issued under this chapter to drive a motor vehicle to a person whose privilege was obtained
providing evidence of lawful presence in the United States with one of the document
requirements described in Subsection 
53-3-205
(8)(a)(ii)(B).
(29) "Motor vehicle" means the same as that term is defined in Section 
41-1a-102
.
(30) "Motor vehicle record" or "MVR" means a driving record under Subsection
53-3-109
(6)(a).
(31) "Motorboat" means the same as that term is defined in Section 
73-18-2
.
(32) "Motorcycle" means every motor vehicle, other than a tractor, having a seat or
saddle for the use of the rider and designed to travel with not more than three wheels in contact
with the ground.
(33) "Office of Recovery Services" means the Office of Recovery Services, created in
Section [
62A-11-102
] 
26B-9-103
.
(34) "Operate" means the same as that term is defined in Section 
41-1a-102
.
(35) (a) "Owner" means a person other than a lien holder having an interest in the
property or title to a vehicle.
(b) "Owner" includes a person entitled to the use and possession of a vehicle subject to
a security interest in another person but excludes a lessee under a lease not intended as security.
(36) "Penalty accounts receivable" means a fine, restitution, forfeiture, fee, surcharge,
or other financial penalty imposed on an individual by a court or other government entity.
(37) (a) "Private passenger carrier" means any motor vehicle for hire that is:
(i) designed to transport 15 or fewer passengers, including the driver; and
(ii) operated to transport an employee of the person that hires the motor vehicle.
(b) "Private passenger carrier" does not include:
(i) a taxicab;
(ii) a motor vehicle driven by a transportation network driver as defined in Section
13-51-102
;
(iii) a motor vehicle driven for transportation network services as defined in Section
13-51-102
; and
(iv) a motor vehicle driven for a transportation network company as defined in Section
13-51-102
 and registered with the Division of Consumer Protection as described in Section
13-51-104
.
(38) "Regular identification card" means an identification card issued under this
chapter to a person whose card was obtained by providing evidence of lawful presence in the
United States with one of the document requirements described in Subsection 
53-3-804
(2)(i)(i).
(39) "Regular license certificate" means the evidence of the privilege issued under this
chapter to drive a motor vehicle whose privilege was obtained by providing evidence of lawful
presence in the United States with one of the document requirements described in Subsection
53-3-205
(8)(a)(ii)(A).
(40) "Renewal" means to validate a license certificate so that it expires at a later date.
(41) "Reportable violation" means an offense required to be reported to the division as
determined by the division and includes those offenses against which points are assessed under
Section 
53-3-221
.
(42) (a) "Resident" means an individual who:
(i) has established a domicile in this state, as defined in Section 
41-1a-202
, or
regardless of domicile, remains in this state for an aggregate period of six months or more
during any calendar year;
(ii) engages in a trade, profession, or occupation in this state, or who accepts
employment in other than seasonal work in this state, and who does not commute into the state;
(iii) declares himself to be a resident of this state by obtaining a valid Utah driver
license certificate or motor vehicle registration; or
(iv) declares himself a resident of this state to obtain privileges not ordinarily extended
to nonresidents, including going to school, or placing children in school without paying
nonresident tuition or fees.
(b) "Resident" does not include any of the following:
(i) a member of the military, temporarily stationed in this state;
(ii) an out-of-state student, as classified by an institution of higher education,
regardless of whether the student engages in any type of employment in this state;
(iii) a person domiciled in another state or country, who is temporarily assigned in this
state, assigned by or representing an employer, religious or private organization, or a
governmental entity; or
(iv) an immediate family member who resides with or a household member of a person
listed in Subsections (42)(b)(i) through (iii).
(43) "Revocation" means the termination by action of the division of a licensee's
privilege to drive a motor vehicle.
(44) (a) "School bus" means a commercial motor vehicle used to transport pre-primary,
primary, or secondary school students to and from home and school, or to and from school
sponsored events.
(b) "School bus" does not include a bus used as a common carrier as defined in Section
59-12-102
.
(45) "Suspension" means the temporary withdrawal by action of the division of a
licensee's privilege to drive a motor vehicle.
(46) "Taxicab" means any class D motor vehicle transporting any number of
passengers for hire and that is subject to state or federal regulation as a taxi.
Section 66. Section 
53-3-105
 is amended to read:
53-3-105.
Fees for licenses, renewals, extensions, reinstatements, rescheduling,
and identification cards.
The following fees apply under this chapter:
(1) An original class D license application under Section 
53-3-205
 is $52.
(2) An original provisional license application for a class D license under Section
53-3-205
 is $39.
(3) An original limited term license application under Section 
53-3-205
 is $32.
(4) An original application for a motorcycle endorsement under Section 
53-3-205
 is
$18.
(5) An original application for a taxicab endorsement under Section 
53-3-205
 is $14.
(6) A learner permit application under Section 
53-3-210.5
 is $19.
(7) A renewal of a class D license under Section 
53-3-214
 is $52 unless Subsection
(12) applies.
(8) A renewal of a provisional license application for a class D license under Section
53-3-214
 is $52.
(9) A renewal of a limited term license application under Section 
53-3-214
 is $32.
(10) A renewal of a motorcycle endorsement under Section 
53-3-214
 is $18.
(11) A renewal of a taxicab endorsement under Section 
53-3-214
 is $14.
(12) A renewal of a class D license for an individual 65 and older under Section
53-3-214
 is $27.
(13) An extension of a class D license under Section 
53-3-214
 is $42 unless Subsection
(17) applies.
(14) An extension of a provisional license application for a class D license under
Section 
53-3-214
 is $42.
(15) An extension of a motorcycle endorsement under Section 
53-3-214
 is $18.
(16) An extension of a taxicab endorsement under Section 
53-3-214
 is $14.
(17) An extension of a class D license for an individual 65 and older under Section
53-3-214
 is $22.
(18) An original or renewal application for a commercial class A, B, or C license or an
original or renewal of a provisional commercial class A or B license under Part 4, Uniform
Commercial Driver License Act, is $52.
(19) A commercial class A, B, or C license skills test is $78.
(20) Each original CDL endorsement for passengers, hazardous material, double or
triple trailers, or tankers is $9.
(21) An original CDL endorsement for a school bus under Part 4, Uniform Commercial
Driver License Act, is $9.
(22) A renewal of a CDL endorsement under Part 4, Uniform Commercial Driver
License Act, is $9.
(23) (a) A retake of a CDL knowledge test provided for in Section 
53-3-205
 is $26.
(b) A retake of a CDL skills test provided for in Section 
53-3-205
 is $52.
(24) A retake of a CDL endorsement test provided for in Section 
53-3-205
 is $9.
(25) A duplicate class A, B, C, or D license certificate under Section 
53-3-215
 is $23.
(26) (a) A license reinstatement application under Section 
53-3-205
 is $40.
(b) A license reinstatement application under Section 
53-3-205
 for an alcohol, drug, or
combination of alcohol and any drug-related offense is $45 in addition to the fee under
Subsection (26)(a).
(27) (a) An administrative fee for license reinstatement after an alcohol, drug, or
combination of alcohol and any drug-related offense under Section 
41-6a-520
, 
53-3-223
, or
53-3-231
 or an alcohol, drug, or combination of alcohol and any drug-related offense under
Part 4, Uniform Commercial Driver License Act, is $255.
(b) This administrative fee is in addition to the fees under Subsection (26).
(28) (a) An administrative fee for providing the driving record of a driver under
Section 
53-3-104
 or 
53-3-420
 is $8.
(b) The division may not charge for a report furnished under Section 
53-3-104
 to a
municipal, county, state, or federal agency.
(29) A rescheduling fee under Section 
53-3-205
 or 
53-3-407
 is $25.
(30) (a) Except as provided under Subsections (30)(b) and (c), an identification card
application under Section 
53-3-808
 is $23.
(b) An identification card application under Section 
53-3-808
 for a person with a
disability, as defined in 42 U.S.C. Sec. 12102, is $17.
(c) A fee may not be charged for an identification card application if the individual
applying:
(i) (A) has not been issued a Utah driver license;
(B) is indigent; and
(C) is at least 18 years old; or
(ii) submits written verification that the individual is homeless, as defined in Section
[
26-18-411
] 
26B-3-207
, a person who is homeless, as defined in Section 
35A-5-302
, or a child
or youth who is homeless, as defined in 42 U.S.C. Sec. 11434a(2), from:
(A) a homeless shelter, as defined in Section 
35A-16-305
;
(B) a permanent housing, permanent, supportive, or transitional facility, as defined in
Section 
35A-5-302
;
(C) the Department of Workforce Services; or
(D) a local educational agency liaison for homeless children and youth designated
under 42 U.S.C. Sec. 11432(g)(1)(J)(ii).
(31) (a) An extension of a regular identification card under Subsection 
53-3-807
(4) for
a person with a disability, as defined in 42 U.S.C. Sec. 12102, is $17.
(b) The fee described in Subsection (31)(a) is waived if the applicant submits written
verification that the individual is homeless, as defined in Section [
26-18-411
] 
26B-3-207
, or a
person who is homeless, as defined in Section 
35A-5-302
, or a child or youth who is homeless,
as defined in 42 U.S.C. Sec. 11434a(2), from:
(i) a homeless shelter, as defined in Section 
35A-16-305
;
(ii) a permanent housing, permanent, supportive, or transitional facility, as defined in
Section 
35A-5-302
;
(iii) the Department of Workforce Services;
(iv) a homeless service provider as verified by the Department of Workforce Services
as described in Section [
26-2-12.6
] 
26B-8-113
; or
(v) a local educational agency liaison for homeless children and youth designated under
42 U.S.C. Sec. 11432(g)(1)(J)(ii).
(32) (a) An extension of a regular identification card under Subsection 
53-3-807
(5) is
$23.
(b) The fee described in Subsection (32)(a) is waived if the applicant submits written
verification that the individual is homeless, as defined in Section [
26-18-411
] 
26B-3-207
, or a
person who is homeless, as defined in Section 
35A-5-302
, from:
(i) a homeless shelter, as defined in Section 
35A-16-305
;
(ii) a permanent housing, permanent, supportive, or transitional facility, as defined in
Section 
35A-5-302
;
(iii) the Department of Workforce Services; or
(iv) a homeless service provider as verified by the Department of Workforce Services
as described in Section [
26-2-12.6
] 
26B-8-113
.
(33) In addition to any license application fees collected under this chapter, the division
shall impose on individuals submitting fingerprints in accordance with Section 
53-3-205.5
 the
fees that the Bureau of Criminal Identification is authorized to collect for the services the
Bureau of Criminal Identification provides under Section 
53-3-205.5
.
(34) An original mobility vehicle permit application under Section 
41-6a-1118
 is $30.
(35) A renewal of a mobility vehicle permit under Section 
41-6a-1118
 is $30.
(36) A duplicate mobility vehicle permit under Section 
41-6a-1118
 is $12.
(37) An original driving privilege card application under Section 
53-3-207
 is $32.
(38) A renewal of a driving privilege card application under Section 
53-3-207
 is $23.
Section 67. 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
] 
into
 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 into the State Laboratory Drug Testing Account created in Section 
26B-1-304
.
(6) All money received under Subsection 
41-6a-1406
(6)(c)(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
]
26B-8-202
 for use in carrying out duties related to highway crash deaths under Subsection
[
26-4-7
(1)
] 
26B-8-205
(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 68. Section 
53-3-205
 is amended to read:
53-3-205.
Application for license or endorsement -- Fee required -- Tests --
Expiration dates of licenses and endorsements -- Information required -- Previous
licenses surrendered -- Driving record transferred from other states -- Reinstatement --
Fee required -- License agreement.
(1) An application for an original license, provisional license, or endorsement shall be:
(a) made upon a form furnished by the division; and
(b) accompanied by a nonrefundable fee set under Section 
53-3-105
.
(2) An application and fee for an original provisional class D license or an original
class D license entitle the applicant to:
(a) not more than three attempts to pass both the knowledge and the skills tests for a
class D license within six months after the date of the application;
(b) a learner permit if needed pending completion of the application and testing
process; and
(c) an original class D license and license certificate after all tests are passed and
requirements are completed.
(3) An application and fee for a motorcycle or taxicab endorsement entitle the
applicant to:
(a) not more than three attempts to pass both the knowledge and skills tests within six
months after the date of the application;
(b) a motorcycle learner permit after the motorcycle knowledge test is passed; and
(c) a motorcycle or taxicab endorsement when all tests are passed.
(4) An application for a commercial class A, B, or C license entitles the applicant to:
(a) not more than two attempts to pass a knowledge test when accompanied by the fee
provided in Subsection 
53-3-105
(18);
(b) not more than two attempts to pass a skills test when accompanied by a fee in
Subsection 
53-3-105
(19) within six months after the date of application;
(c) both a commercial driver instruction permit and a temporary license permit for the
license class held before the applicant submits the application if needed after the knowledge
test is passed; and
(d) an original commercial class A, B, or C license and license certificate when all
applicable tests are passed.
(5) An application and fee for a CDL endorsement entitle the applicant to:
(a) not more than two attempts to pass a knowledge test and not more than two
attempts to pass a skills test within six months after the date of the application; and
(b) a CDL endorsement when all tests are passed.
(6) (a) If a CDL applicant does not pass a knowledge test, skills test, or an endorsement
test within the number of attempts provided in Subsection (4) or (5), each test may be taken
two additional times within the six months for the fee provided in Section 
53-3-105
.
(b) (i) An out-of-state resident who holds a valid CDIP issued by a state or jurisdiction
that is compliant with 49 C.F.R. Part 383 may take a skills test administered by the division if
the out-of-state resident pays the fee provided in Subsection 
53-3-105
(19).
(ii) The division shall:
(A) electronically transmit skills test results for an out-of-state resident to the licensing
agency in the state or jurisdiction in which the out-of-state resident has obtained a valid CDIP;
and
(B) provide the out-of-state resident with documentary evidence upon successful
completion of the skills test.
(7) (a) (i) Except as provided under Subsections (7)(a)(ii), (f), and (g), an original class
D license expires on the birth date of the applicant in the eighth year after the year the license
certificate was issued.
(ii) An original provisional class D license expires on the birth date of the applicant in
the fifth year following the year the license certificate was issued.
(iii) Except as provided in Subsection (7)(f), a limited term class D license expires on
the birth date of the applicant in the fifth year the license certificate was issued.
(b) Except as provided under Subsections (7)(f) and (g), a renewal or an extension to a
license expires on the birth date of the licensee in the eighth year after the expiration date of the
license certificate renewed or extended.
(c) Except as provided under Subsections (7)(f) and (g), a duplicate license expires on
the same date as the last license certificate issued.
(d) An endorsement to a license expires on the same date as the license certificate
regardless of the date the endorsement was granted.
(e) (i) A regular license certificate and an endorsement to the regular license certificate
held by an individual described in Subsection (7)(e)(ii), that expires during the time period the
individual is stationed outside of the state, is valid until 90 days after the individual's orders are
terminated, the individual is discharged, or the individual's assignment is changed or
terminated, unless:
(A) the license is suspended, disqualified, denied, or has been cancelled or revoked by
the division; or
(B) the licensee updates the information or photograph on the license certificate.
(ii) The provisions in Subsection (7)(e)(i) apply to an individual:
(A) ordered to active duty and stationed outside of Utah in any of the armed forces of
the United States;
(B) who is an immediate family member or dependent of an individual described in
Subsection (7)(e)(ii)(A) and is residing outside of Utah;
(C) who is a civilian employee of the United States State Department or United States
Department of Defense and is stationed outside of the United States; or
(D) who is an immediate family member or dependent of an individual described in
Subsection (7)(e)(ii)(C) and is residing outside of the United States.
(f) (i) Except as provided in Subsection (7)(f)(ii), a limited-term license certificate or a
renewal to a limited-term license certificate expires:
(A) on the expiration date of the period of time of the individual's authorized stay in
the United States or on the date provided under this Subsection (7), whichever is sooner; or
(B) on the date of issuance in the first year following the year that the limited-term
license certificate was issued if there is no definite end to the individual's period of authorized
stay.
(ii) A limited-term license certificate or a renewal to a limited-term license certificate
issued to an approved asylee or a refugee expires on the birth date of the applicant in the fifth
year following the year that the limited-term license certificate was issued.
(g) A driving privilege card issued or renewed under Section 
53-3-207
 expires on the
birth date of the applicant in the first year following the year that the driving privilege card was
issued or renewed.
(8) (a) In addition to the information required by Title 63G, Chapter 4, Administrative
Procedures Act, for requests for agency action, an applicant shall:
(i) provide:
(A) the applicant's full legal name;
(B) the applicant's birth date;
(C) the applicant's sex;
(D) (I) documentary evidence of the applicant's valid social security number;
(II) written proof that the applicant is ineligible to receive a social security number;
(III) the applicant's temporary identification number (ITIN) issued by the Internal
Revenue Service for an individual who:
(Aa) does not qualify for a social security number; and
(Bb) is applying for a driving privilege card; or
(IV) other documentary evidence approved by the division;
(E) the applicant's Utah residence address as documented by a form or forms
acceptable under rules made by the division under Section 
53-3-104
, unless the application is
for a temporary CDL issued under Subsection 
53-3-407
(2)(b); and
(F) fingerprints and a photograph in accordance with Section 
53-3-205.5
 if the
applicant is applying for a driving privilege card;
(ii) provide evidence of the applicant's lawful presence in the United States by
providing documentary evidence:
(A) that the applicant is:
(I) a United States citizen;
(II) a United States national; or
(III) a legal permanent resident alien; or
(B) of the applicant's:
(I) unexpired immigrant or nonimmigrant visa status for admission into the United
States;
(II) pending or approved application for asylum in the United States;
(III) admission into the United States as a refugee;
(IV) pending or approved application for temporary protected status in the United
States;
(V) approved deferred action status;
(VI) pending application for adjustment of status to legal permanent resident or
conditional resident; or
(VII) conditional permanent resident alien status;
(iii) provide a description of the applicant;
(iv) state whether the applicant has previously been licensed to drive a motor vehicle
and, if so, when and by what state or country;
(v) state whether the applicant has ever had a license suspended, cancelled, revoked,
disqualified, or denied in the last 10 years, or whether the applicant has ever had a license
application refused, and if so, the date of and reason for the suspension, cancellation,
revocation, disqualification, denial, or refusal;
(vi) state whether the applicant intends to make an anatomical gift under [
Title 26,
Chapter 28, Revised Uniform Anatomical Gift Act
] 
Title 26B, Chapter 8, Part 3, Revised
Uniform Anatomical Gift Act
, in compliance with Subsection (15);
(vii) state whether the applicant is required to register as a sex offender in accordance
with Title 77, Chapter 41, Sex and Kidnap Offender Registry;
(viii) state whether the applicant is a veteran of the United States military, provide
verification that the applicant was granted an honorable or general discharge from the United
States Armed Forces, and state whether the applicant does or does not authorize sharing the
information with the Department of Veterans and Military Affairs;
(ix) provide all other information the division requires; and
(x) sign the application which signature may include an electronic signature as defined
in Section 
46-4-102
.
(b) Unless the applicant provides acceptable verification of homelessness as described
in rules made by the division, an applicant shall have a Utah residence address, unless the
application is for a temporary CDL issued under Subsection 
53-3-407
(2)(b).
(c) An applicant shall provide evidence of lawful presence in the United States in
accordance with Subsection (8)(a)(ii), unless the application is for a driving privilege card.
(d) The division shall maintain on the division's computerized records an applicant's:
(i) (A) social security number;
(B) temporary identification number (ITIN); or
(C) other number assigned by the division if Subsection (8)(a)(i)(D)(IV) applies; and
(ii) indication whether the applicant is required to register as a sex offender in
accordance with Title 77, Chapter 41, Sex and Kidnap Offender Registry.
(9) The division shall require proof of an applicant's name, birth date, and birthplace by
at least one of the following means:
(a) current license certificate;
(b) birth certificate;
(c) Selective Service registration; or
(d) other proof, including church records, family Bible notations, school records, or
other evidence considered acceptable by the division.
(10) (a) Except as provided in Subsection (10)(c), if an applicant receives a license in a
higher class than what the applicant originally was issued:
(i) the license application is treated as an original application; and
(ii) license and endorsement fees is assessed under Section 
53-3-105
.
(b) An applicant that receives a downgraded license in a lower license class during an
existing license cycle that has not expired:
(i) may be issued a duplicate license with a lower license classification for the
remainder of the existing license cycle; and
(ii) shall be assessed a duplicate license fee under Subsection 
53-3-105
(25) if a
duplicate license is issued under Subsection (10)(b)(i).
(c) An applicant who has received a downgraded license in a lower license class under
Subsection (10)(b):
(i) may, when eligible, receive a duplicate license in the highest class previously issued
during a license cycle that has not expired for the remainder of the existing license cycle; and
(ii) shall be assessed a duplicate license fee under Subsection 
53-3-105
(25) if a
duplicate license is issued under Subsection (10)(c)(i).
(11) (a) When an application is received from an applicant previously licensed in
another state to drive a motor vehicle, the division shall request a copy of the driver's record
from the other state.
(b) When received, the driver's record becomes part of the driver's record in this state
with the same effect as though entered originally on the driver's record in this state.
(12) An application for reinstatement of a license after the suspension, cancellation,
disqualification, denial, or revocation of a previous license is accompanied by the additional
fee or fees specified in Section 
53-3-105
.
(13) An individual who has an appointment with the division for testing and fails to
keep the appointment or to cancel at least 48 hours in advance of the appointment shall pay the
fee under Section 
53-3-105
.
(14) An applicant who applies for an original license or renewal of a license agrees that
the individual's license is subject to a suspension or revocation authorized under this title or
Title 41, Motor Vehicles.
(15) (a) A licensee shall authenticate the indication of intent under Subsection
(8)(a)(vi) in accordance with division rule.
(b) (i) Notwithstanding Title 63G, Chapter 2, Government Records Access and
Management Act, the division may, upon request, release to an organ procurement
organization, as defined in Section [
26-28-102
] 
26B-8-301
, the names and addresses of all
applicants who, under Subsection (8)(a)(vi), indicate that they intend to make an anatomical
gift.
(ii) An organ procurement organization may use released information only to:
(A) obtain additional information for an anatomical gift registry; and
(B) inform licensees of anatomical gift options, procedures, and benefits.
(16) Notwithstanding Title 63G, Chapter 2, Government Records Access and
Management Act, the division may release to the Department of Veterans and Military Affairs
the names and addresses of all applicants who indicate their status as a veteran under
Subsection (8)(a)(viii).
(17) Notwithstanding Title 63G, Chapter 2, Government Records Access and
Management Act, the division shall, upon request, release to the Sex and Kidnap Offender
Registry office in the Department of Corrections, the names and addresses of all applicants
who, under Subsection (8)(a)(vii), indicate they are required to register as a sex offender in
accordance with Title 77, Chapter 41, Sex and Kidnap Offender Registry.
(18) The division and its employees are not liable, as a result of false or inaccurate
information provided under Subsection (8)(a)(vi) or (viii), for direct or indirect:
(a) loss;
(b) detriment; or
(c) injury.
(19) An applicant who knowingly fails to provide the information required under
Subsection (8)(a)(vii) is guilty of a class A misdemeanor.
(20) A person may not hold both an unexpired Utah license certificate and an
unexpired identification card.
(21) (a) An applicant who applies for an original motorcycle endorsement to a regular
license certificate is exempt from the requirement to pass the knowledge and skills test to be
eligible for the motorcycle endorsement if the applicant:
(i) is a resident of the state of Utah;
(ii) (A) is ordered to active duty and stationed outside of Utah in any of the armed
forces of the United States; or
(B) is an immediate family member or dependent of an individual described in
Subsection (21)(a)(ii)(A) and is residing outside of Utah;
(iii) has a digitized driver license photo on file with the division;
(iv) provides proof to the division of the successful completion of a certified
Motorcycle Safety Foundation rider training course; and
(v) provides the necessary information and documentary evidence required under
Subsection (8).
(b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
division shall make rules:
(i) establishing the procedures for an individual to obtain a motorcycle endorsement
under this Subsection (21); and
(ii) identifying the applicable restrictions for a motorcycle endorsement issued under
this Subsection (21).
Section 69. Section 
53-3-207
 is amended to read:
53-3-207.
License certificates or driving privilege cards issued to drivers by class
of motor vehicle -- Contents -- Release of anatomical gift information -- Temporary
licenses or driving privilege cards -- Minors' licenses, cards, and permits -- Violation.
(1) As used in this section:
(a) "Driving privilege" means the privilege granted under this chapter to drive a motor
vehicle.
(b) "Governmental entity" means the state or a political subdivision of the state.
(c) "Health care professional" means:
(i) a licensed physician, physician assistant, nurse practitioner, or mental health
therapist; or
(ii) any other licensed health care professional the division designates by rule made in
accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
(d) "Political subdivision" means any county, city, town, school district, public transit
district, community reinvestment agency, special improvement or taxing district, local district,
special service district, an entity created by an interlocal agreement adopted under Title 11,
Chapter 13, Interlocal Cooperation Act, or other governmental subdivision or public
corporation.
(e) "Invisible condition" means a physical or mental condition that may interfere with
an individual's ability to communicate with a law enforcement officer, including:
(i) a communication impediment;
(ii) hearing loss;
(iii) blindness or a visual impairment;
(iv) autism spectrum disorder;
(v) a drug allergy;
(vi) Alzheimer's disease or dementia;
(vii) post-traumatic stress disorder;
(viii) traumatic brain injury;
(ix) schizophrenia;
(x) epilepsy;
(xi) a developmental disability;
(xii) Down syndrome;
(xiii) diabetes;
(xiv) a heart condition; or
(xv) any other condition approved by the department.
(f) "Invisible condition identification symbol" means a symbol or alphanumeric code
that indicates that an individual is an individual with an invisible condition.
(g) "State" means this state, and includes any office, department, agency, authority,
commission, board, institution, hospital, college, university, children's justice center, or other
instrumentality of the state.
(2) (a) The division shall issue to every individual privileged to drive a motor vehicle, a
regular license certificate, a limited-term license certificate, or a driving privilege card
indicating the type or class of motor vehicle the individual may drive.
(b) An individual may not drive a class of motor vehicle unless granted the privilege in
that class.
(3) (a) Every regular license certificate, limited-term license certificate, or driving
privilege card shall bear:
(i) the distinguishing number assigned to the individual by the division;
(ii) the name, birth date, and Utah residence address of the individual;
(iii) a brief description of the individual for the purpose of identification;
(iv) any restrictions imposed on the license under Section 
53-3-208
;
(v) a photograph of the individual;
(vi) a photograph or other facsimile of the individual's signature;
(vii) an indication whether the individual intends to make an anatomical gift under
[
Title 26, Chapter 28, Revised Uniform Anatomical Gift Act
] 
Title 26B, Chapter 8, Part 3,
Revised Uniform Anatomical Gift Act
, unless the driving privilege is extended under
Subsection 
53-3-214
(3); and
(viii) except as provided in Subsection (3)(b), if the individual states that the individual
is a veteran of the United States military on the application for a driver license in accordance
with Section 
53-3-205
 and provides verification that the individual was granted an honorable
or general discharge from the United States Armed Forces, an indication that the individual is a
United States military veteran for a regular license certificate or limited-term license certificate
issued on or after July 1, 2011.
(b) A regular license certificate or limited-term license certificate issued to an
individual younger than 21 years old on a portrait-style format as required in Subsection (7)(b)
is not required to include an indication that the individual is a United States military veteran
under Subsection (3)(a)(viii).
(c) A new license certificate issued by the division may not bear the individual's social
security number.
(d) (i) The regular license certificate, limited-term license certificate, or driving
privilege card shall be of an impervious material, resistant to wear, damage, and alteration.
(ii) The size, form, and color of the regular license certificate, limited-term license
certificate, or driving privilege card shall be as prescribed by the commissioner.
(iii) The commissioner may also prescribe the issuance of a special type of limited
regular license certificate, limited-term license certificate, or driving privilege card under
Subsection 
53-3-220
(4).
(4) (a) The division shall include or affix an invisible condition identification symbol
on an individual's regular license certificate, limited-term license certificate, or driving
privilege card if the individual, on a form prescribed by the department:
(i) requests the division to include the invisible condition identification symbol;
(ii) provides written verification from a health care professional that the individual is
an individual with an invisible condition; and
(iii) signs a waiver of liability for the release of any medical information to:
(A) the department;
(B) any person who has access to the individual's medical information as recorded on
the individual's driving record or the Utah Criminal Justice Information System under this
chapter; and
(C) any other person who may view or receive notice of the individual's medical
information by seeing the individual's regular license certificate, limited-term license
certificate, or driving privilege card or the individual's information in the Utah Criminal Justice
Information System.
(b) As part of the form described in Subsection (4)(a), the department shall advise the
individual that by submitting the signed waiver, the individual consents to the release of the
individual's medical information to any person described in Subsections (4)(a)(iii)(A) through
(C), even if the person is otherwise ineligible to access the individual's medical information
under state or federal law.
(c) The division may not:
(i) charge a fee to include the invisible condition identification symbol on the
individual's regular license certificate, limited-term license certificate, or driving privilege card;
or
(ii) after including the invisible condition identification symbol on the individual's
previously issued regular license certificate, limited-term license certificate, or driving
privilege card, require the individual to provide subsequent written verification described in
Subsection (4)(a)(ii) to include the invisible condition identification symbol on the individual's
renewed or extended regular license certificate, limited-term license certificate, or driving
privilege card.
(d) The inclusion of an invisible condition identification symbol on an individual's
license certificate, limited-term license certificate, or driving privilege card in accordance with
Subsection (4)(a) does not confer any legal rights or privileges on the individual, including
parking privileges for individuals with disabilities under Section 
41-1a-414
.
(e) For each individual issued a regular license certificate, limited-term license
certificate, or driving privilege card under this section that includes an invisible condition
identification symbol, the division shall include in the division's database a brief description of
the nature of the individual's invisible condition in the individual's record and provide the brief
description to the Utah Criminal Justice Information System.
(f) Except as provided in this section, the division may not release the information
described in Subsection (4)(e).
(g) Within 30 days after the day on which the division receives an individual's written
request, the division shall:
(i) remove from the individual's record in the division's database the invisible condition
identification symbol and the brief description described in Subsection (4)(e); and
(ii) provide the individual's updated record to the Utah Criminal Justice Information
System.
(5) As provided in Section 
63G-2-302
, the information described in Subsection (4)(a)
is a private record for purposes of Title 63G, Chapter 2, Government Records Access and
Management Act.
(6) (a) (i) The division, upon determining after an examination that an applicant is
mentally and physically qualified to be granted a driving privilege, may issue to an applicant a
receipt for the fee if the applicant is eligible for a regular license certificate or limited-term
license certificate.
(ii) (A) The division shall issue a temporary regular license certificate or temporary
limited-term license certificate allowing the individual to drive a motor vehicle while the
division is completing the division's investigation to determine whether the individual is
entitled to be granted a driving privilege.
(B) A temporary regular license certificate or a temporary limited-term license
certificate issued under this Subsection (6) shall be recognized and have the same rights and
privileges as a regular license certificate or a limited-term license certificate.
(b) The temporary regular license certificate or temporary limited-term license
certificate shall be in the individual's immediate possession while driving a motor vehicle, and
the temporary regular license certificate or temporary limited-term license certificate is invalid
when the individual's regular license certificate or limited-term license certificate has been
issued or when, for good cause, the privilege has been refused.
(c) The division shall indicate on the temporary regular license certificate or temporary
limited-term license certificate a date after which the temporary regular license certificate or
temporary limited-term license certificate is not valid as a temporary license.
(d) (i) Except as provided in Subsection (6)(d)(ii), the division may not issue a
temporary driving privilege card or other temporary permit to an applicant for a driving
privilege card.
(ii) The division may issue a learner permit issued in accordance with Section
53-3-210.5
 to an applicant for a driving privilege card.
(7) (a) The division shall distinguish learner permits, temporary permits, regular
license certificates, limited-term license certificates, and driving privilege cards issued to any
individual younger than 21 years old by use of plainly printed information or the use of a color
or other means not used for other regular license certificates, limited-term license certificates,
or driving privilege cards.
(b) The division shall distinguish a regular license certificate, limited-term license
certificate, or driving privilege card issued to an individual younger than 21 years old by use of
a portrait-style format not used for other regular license certificates, limited-term license
certificates, or driving privilege cards and by plainly printing the date the regular license
certificate, limited-term license certificate, or driving privilege card holder is 21 years old.
(8) The division shall distinguish a limited-term license certificate by clearly indicating
on the document:
(a) that the limited-term license certificate is temporary; and
(b) the limited-term license certificate's expiration date.
(9) (a) The division shall only issue a driving privilege card to an individual whose
privilege was obtained without providing evidence of lawful presence in the United States as
required under Subsection 
53-3-205
(8).
(b) The division shall distinguish a driving privilege card from a license certificate by:
(i) use of a format, color, font, or other means; and
(ii) clearly displaying on the front of the driving privilege card a phrase substantially
similar to "FOR DRIVING PRIVILEGES ONLY -- NOT VALID FOR IDENTIFICATION".
(10) The provisions of Subsection (7)(b) do not apply to a learner permit, temporary
permit, temporary regular license certificate, temporary limited-term license certificate, or any
other temporary permit.
(11) The division shall issue temporary license certificates of the same nature, except
as to duration, as the license certificates that they temporarily replace, as are necessary to
implement applicable provisions of this section and Section 
53-3-223
.
(12) (a) A governmental entity may not accept a driving privilege card as proof of
personal identification.
(b) A driving privilege card may not be used as a document providing proof of an
individual's age for any government required purpose.
(13) An individual who violates Subsection (2)(b) is guilty of an infraction.
(14) Unless otherwise provided, the provisions, requirements, classes, endorsements,
fees, restrictions, and sanctions under this code apply to a:
(a) driving privilege in the same way as a license or limited-term license issued under
this chapter; and
(b) limited-term license certificate or driving privilege card in the same way as a
regular license certificate issued under this chapter.
Section 70. Section 
53-3-214.7
 is amended to read:
53-3-214.7.
License or identification card checkoff for promoting and supporting
organ donation.
(1) A person who applies for a license or identification card or a renewal of a license or
identification card may designate a voluntary contribution of $2 for the purpose of promoting
and supporting organ donation.
(2) This contribution shall be:
(a) collected by the division;
(b) treated as a voluntary contribution to the Allyson Gamble Organ Donation
Contribution Fund created in Section [
26-18b-101
] 
26B-1-312
 and not as a license fee; and
(c) transferred to the Allyson Gamble Organ Donation Contribution Fund created in
Section [
26-18b-101
] 
26B-1-312
 at least monthly, less actual administrative costs associated
with collecting and transferring the contributions.
Section 71. Section 
53-3-214.8
 is amended to read:
53-3-214.8.
License or identification card checkoff for public transportation for
seniors or people with disabilities.
(1) A person who applies for a license or identification card or a renewal of a license or
identification card may designate a voluntary contribution of $1 for public transportation
assistance for seniors or people with disabilities.
(2) This contribution shall be:
(a) collected by the division;
(b) treated as a voluntary contribution to the "Out and About" Homebound
Transportation Assistance Fund created in Section [
62A-3-110
] 
26B-1-323
 to provide public
transportation assistance for seniors or people with disabilities and not as a license fee; and
(c) transferred to the "Out and About" Homebound Transportation Assistance Fund
created in Section [
62A-3-110
] 
26B-1-323
 at least monthly, less actual administrative costs
associated with collecting and transferring the contributions.
Section 72. Section 
53-3-804
 is amended to read:
53-3-804.
Application for identification card -- Required information -- Release
of anatomical gift information -- Cancellation of identification card.
(1) To apply for a regular identification card or limited-term identification card, an
applicant shall:
(a) be a Utah resident;
(b) have a Utah residence address; and
(c) appear in person at any license examining station.
(2) An applicant shall provide the following information to the division:
(a) true and full legal name and Utah residence address;
(b) date of birth as set forth in a certified copy of the applicant's birth certificate, or
other satisfactory evidence of birth, which shall be attached to the application;
(c) (i) social security number; or
(ii) written proof that the applicant is ineligible to receive a social security number;
(d) place of birth;
(e) height and weight;
(f) color of eyes and hair;
(g) signature;
(h) photograph;
(i) evidence of the applicant's lawful presence in the United States by providing
documentary evidence:
(i) that the applicant is:
(A) a United States citizen;
(B) a United States national; or
(C) a legal permanent resident alien; or
(ii) of the applicant's:
(A) unexpired immigrant or nonimmigrant visa status for admission into the United
States;
(B) pending or approved application for asylum in the United States;
(C) admission into the United States as a refugee;
(D) pending or approved application for temporary protected status in the United
States;
(E) approved deferred action status;
(F) pending application for adjustment of status to legal permanent resident or
conditional resident; or
(G) conditional permanent resident alien status;
(j) an indication whether the applicant intends to make an anatomical gift under [
Title
26, Chapter 28, Revised Uniform Anatomical Gift Act
] 
Title 26B, Chapter 8, Part 3, Revised
Uniform Anatomical Gift Act
;
(k) an indication whether the applicant is required to register as a sex offender in
accordance with Title 77, Chapter 41, Sex and Kidnap Offender Registry; and
(l) an indication whether the applicant is a veteran of the United States Armed Forces,
verification that the applicant has received an honorable or general discharge from the United
States Armed Forces, and an indication whether the applicant does or does not authorize
sharing the information with the state Department of Veterans and Military Affairs.
(3) (a) The requirements of Section 
53-3-234
 apply to this section for each individual,
age 16 and older, applying for an identification card.
(b) Refusal to consent to the release of information under Section 
53-3-234
 shall result
in the denial of the identification card.
(4) An individual person who knowingly fails to provide the information required
under Subsection (2)(k) is guilty of a class A misdemeanor.
(5) (a) A person may not hold both an unexpired Utah license certificate and an
unexpired identification card.
(b) A person who holds a regular or limited term Utah driver license and chooses to
relinquish the person's driving privilege may apply for an identification card under this chapter,
provided:
(i) the driver:
(A) no longer qualifies for a driver license for failure to meet the requirement in
Section 
53-3-304
; or
(B) makes a personal decision to permanently discontinue driving; and
(ii) the driver:
(A) submits an application to the division on a form approved by the division in
person, through electronic means, or by mail;
(B) affirms their intention to permanently discontinue driving; and
(C) surrenders to the division the driver license certificate; and
(iii) the division possesses a digital photograph of the driver obtained within the
preceding 10 years.
(c) (i) The division shall waive the fee under Section 
53-3-105
 for an identification
card for an original identification card application under this Subsection (5).
(ii) The fee waiver described in Subsection (5)(c)(i) does not apply to a person whose
driving privilege is suspended or revoked.
(6) Notwithstanding Title 63G, Chapter 2, Government Records Access and
Management Act, the division shall, upon request, release to the Sex and Kidnap Offender
Registry office in the Department of Corrections, the names and addresses of all applicants
who, under Subsection (2)(k), indicate they are required to register as a sex offender in
accordance with Title 77, Chapter 41, Sex and Kidnap Offender Registry.
Section 73. Section 
53-3-805
 is amended to read:
53-3-805.
Identification card -- Contents -- Specifications.
(1) As used in this section:
(a) "Health care professional" means the same as that term is defined in Section
53-3-207
.
(b) "Invisible condition" means the same as that term is defined in Section 
53-3-207
.
(c) "Invisible condition identification symbol" means the same as that term is defined
in Section 
53-3-207
.
(2) (a) The division shall issue an identification card that bears:
(i) the distinguishing number assigned to the individual by the division;
(ii) the name, birth date, and Utah residence address of the individual;
(iii) a brief description of the individual for the purpose of identification;
(iv) a photograph of the individual;
(v) a photograph or other facsimile of the individual's signature;
(vi) an indication whether the individual intends to make an anatomical gift under
[
Title 26, Chapter 28, Revised Uniform Anatomical Gift Act
] 
Title 26B, Chapter 8, Part 3,
Revised Uniform Anatomical Gift Act
; and
(vii) if the individual states that the individual is a veteran of the United States military
on the application for an identification card in accordance with Section 
53-3-804
 and provides
verification that the individual received an honorable or general discharge from the United
States Armed Forces, an indication that the individual is a United States military veteran for a
regular identification card or a limited-term identification card issued on or after July 1, 2011.
(b) An identification card issued by the division may not bear the individual's [
Social
Security
] 
social security
 number or place of birth.
(3) (a) The card shall be of an impervious material, resistant to wear, damage, and
alteration.
(b) Except as provided under Section 
53-3-806
, the size, form, and color of the card is
prescribed by the commissioner.
(4) At the applicant's request, the card may include a statement that the applicant has a
special medical problem or allergies to certain drugs, for the purpose of medical treatment.
(5) (a) The division shall include or affix an invisible condition identification symbol
on an individual's identification card if the individual, on a form prescribed by the department:
(i) requests the division to include the invisible condition identification symbol;
(ii) provides written verification from a health care professional that the individual is
an individual with an invisible condition; and
(iii) submits a signed waiver of liability for the release of any medical information to:
(A) the department;
(B) any person who has access to the individual's medical information as recorded on
the individual's driving record or the Utah Criminal Justice Information System under this
chapter; and
(C) any other person who may view or receive notice of the individual's medical
information by seeing the individual's regular license certificate, limited-term license
certificate, or driving privilege card or the individual's information in the Utah Criminal Justice
Information System.
(b) As part of the form described in Subsection (5)(a), the department shall advise the
individual that by submitting the request and signed waiver, the individual consents to the
release of the individual's medical information to any person described in Subsections
(5)(a)(iii)(A) through (C), even if the person is otherwise ineligible to access the individual's
medical information under state or federal law.
(c) The division may not:
(i) charge a fee to include the invisible condition identification symbol on the
individual's identification card; or
(ii) after including the invisible condition identification symbol on the individual's
previously issued identification card, require the individual to provide subsequent written
verification described in Subsection (5)(a)(ii) to include the invisible condition identification
symbol on the individual's extended identification card.
(d) The inclusion of an invisible condition identification symbol on an individual's
identification card in accordance with Subsection (5)(a) does not confer any legal rights or
privileges on the individual, including parking privileges for individuals with disabilities under
Section 
41-1a-414
.
(e) For each individual issued an identification card under this section that includes an
invisible condition identification symbol, the division shall include in the division's database a
brief description of the nature of the individual's invisible condition in the individual's record
and provide the brief description to the Utah Criminal Justice Information System.
(f) Except as provided in this section, the division may not release the information
described in Subsection (5)(e).
(g) Within 30 days after the day on which the division receives an individual's written
request, the division shall:
(i) remove from the individual's record in the division's database the invisible condition
identification symbol and the brief description described in Subsection (5)(e); and
(ii) provide the individual's updated record to the Utah Criminal Justice Information
System.
(6) As provided in Section 
63G-2-302
, the information described in Subsection (5)(a)
is a private record for purposes of Title 63G, Chapter 2, Government Records Access and
Management Act.
(7) (a) The indication of intent under Subsection 
53-3-804
(2)(j) shall be authenticated
by the applicant in accordance with division rule.
(b) (i) Notwithstanding Title 63G, Chapter 2, Government Records Access and
Management Act, the division may, upon request, release to an organ procurement
organization, as defined in Section [
26-28-102
] 
26B-8-301
, the names and addresses of all
individuals who under Subsection 
53-3-804
(2)(j) indicate that they intend to make an
anatomical gift.
(ii) An organ procurement organization may use released information only to:
(A) obtain additional information for an anatomical gift registry; and
(B) inform applicants of anatomical gift options, procedures, and benefits.
(8) Notwithstanding Title 63G, Chapter 2, Government Records Access and
Management Act, the division may release to the Department of Veterans and Military Affairs
the names and addresses of all individuals who indicate their status as a veteran under
Subsection 
53-3-804
(2)(l).
(9) The division and the division's employees are not liable, as a result of false or
inaccurate information provided under Subsection 
53-3-804
(2)(j) or (l), for direct or indirect:
(a) loss;
(b) detriment; or
(c) injury.
(10) (a) The division may issue a temporary regular identification card to an individual
while the individual obtains the required documentation to establish verification of the
information described in Subsections 
53-3-804
(2)(a), (b), (c), (d), and (i)(i).
(b) A temporary regular identification card issued under this Subsection (10) shall be
recognized and grant the individual the same privileges as a regular identification card.
(c) A temporary regular identification card issued under this Subsection (10) is invalid:
(i) when the individual's regular identification card has been issued;
(ii) when, for good cause, an applicant's application for a regular identification card has
been refused; or
(iii) upon expiration of the temporary regular identification card.
Section 74. Section 
53-5-707
 is amended to read:
53-5-707.
Concealed firearm permit -- Fees -- Concealed Weapons Account.
(1) (a) An applicant for a concealed firearm permit shall pay a fee of $25 at the time of
filing an application.
(b) A nonresident applicant shall pay an additional $10 for the additional cost of
processing a nonresident application.
(c) The bureau shall waive the initial fee for an applicant who is a law enforcement
officer under Section 
53-13-103
.
(d) Concealed firearm permit renewal fees for active duty service members and the
spouse of an active duty service member shall be waived.
(2) The renewal fee for the permit is $20. A nonresident shall pay an additional $5 for
the additional cost of processing a nonresidential renewal.
(3) The replacement fee for the permit is $10.
(4) (a) The late fee for the renewal permit is $7.50.
(b) As used in this section, "late fee" means the fee charged by the bureau for a renewal
submitted on a permit that has been expired for more than 30 days but less than one year.
(5) (a) There is created a restricted account within the General Fund known as the
"Concealed Weapons Account."
(b) The account shall be funded from fees collected under this section and Section
53-5-707.5
.
(c) Funds in the account may only be used to cover costs relating to:
(i) the issuance of concealed firearm permits under this part; or
(ii) the programs described in Subsection [
62A-15-103
(3)
] 
26B-5-102
(3)
 and Section
[
62A-15-1101
] 
26B-5-611
.
(d) No later than 90 days after the end of the fiscal year 50% of the fund balance shall
be transferred to the Suicide Prevention and Education Fund, created in Section [
62A-15-1104
]
26B-1-326
.
(6) (a) The bureau may collect any fees charged by an outside agency for additional
services required by statute as a prerequisite for issuance of a permit.
(b) The bureau shall promptly forward any fees collected under Subsection (6)(a) to the
appropriate agency.
(7) The bureau shall make an annual report in writing to the Legislature's Law
Enforcement and Criminal Justice Interim Committee on the amount and use of the fees
collected under this section and Section 
53-5-707.5
.
Section 75. Section 
53-10-102
 is amended to read:
53-10-102.
Definitions.
As used in this chapter:
(1) "Administration of criminal justice" means performance of any of the following:
detection, apprehension, detention, pretrial release, posttrial release, prosecution, adjudication,
correctional supervision, or rehabilitation of accused persons or criminal offenders.
(2) "Alcoholic beverage" means the same as that term is defined in Section 
32B-1-102
.
(3) "Alcoholic product" means the same as that term is defined in Section 
32B-1-102
.
(4) "Bureau" means the Bureau of Criminal Identification within the department,
created in Section 
53-10-201
.
(5) "Commission" means the Alcoholic Beverage Services Commission.
(6) "Communications services" means the technology of reception, relay, and
transmission of information required by a public safety agency in the performance of the public
safety agency's duty.
(7) "Conviction record" means criminal history information indicating a record of a
criminal charge that has led to a declaration of guilt of an offense.
(8) "Criminal history record information" means information on an individual
consisting of identifiable descriptions and notations of:
(a) arrests, detentions, indictments, informations, or other formal criminal charges, and
any disposition arising from any of them; and
(b) sentencing, correctional supervision, and release.
(9) "Criminal justice agency" means a court or a government agency or subdivision of
a government agency that administers criminal justice under a statute, executive order, or local
ordinance and that allocates greater than 50% of its annual budget to the administration of
criminal justice.
(10) "Criminalist" means the scientific discipline directed to the recognition,
identification, individualization, and evaluation of physical evidence by application of the
natural sciences in law-science matters.
(11) "Department" means the Department of Public Safety.
(12) "Director" means the division director appointed under Section 
53-10-103
.
(13) "Division" means the Criminal Investigations and Technical Services Division
created in Section 
53-10-103
.
(14) "Executive order" means an order of the president of the United States or the chief
executive of a state that has the force of law and that is published in a manner permitting
regular public access to the order.
(15) "Forensic" means dealing with the application of scientific knowledge relating to
criminal evidence.
(16) "Mental defective" means an individual who, by a district court, as a result of
marked subnormal intelligence, or mental illness, incompetency, condition, or disease, is
found:
(a) to be a danger to himself or herself or others;
(b) to lack the mental capacity to contract or manage the individual's own affairs;
(c) to be incompetent by a court in a criminal case; or
(d) to be incompetent to stand trial or found not guilty by reason or lack of mental
responsibility.
(17) "Missing child" means an individual under 18 years old who is missing from the
individual's home environment or a temporary placement facility for any reason and whose
location cannot be determined by the person responsible for the individual's care.
(18) "Missing person" means the same as that term is defined in Section [
26-2-27
]
26B-8-130
.
(19) "Pathogens" means disease-causing agents.
(20) "Physical evidence" means something submitted to the bureau to determine the
truth of a matter using scientific methods of analysis.
(21) "Qualifying entity" means a business, organization, or a governmental entity that
employs persons or utilizes volunteers who deal with:
(a) national security interests;
(b) fiduciary trust over money; or
(c) the provision of care, treatment, education, training, instruction, supervision, or
recreation to children, the elderly, or individuals with disabilities.
Section 76. Section 
53-10-104
 is amended to read:
53-10-104.
Division duties.
The division shall:
(1) provide and coordinate the delivery of support services to law enforcement
agencies;
(2) maintain and provide access to criminal records for use by law enforcement
agencies;
(3) publish law enforcement and statistical data;
(4) maintain dispatch and communications services for public safety communications
centers and provide emergency medical, fire suppression, highway maintenance, public works,
and law enforcement communications for municipal, county, state, and federal agencies;
(5) analyze evidence from crime scenes and crime-related incidents for criminal
prosecution;
(6) provide criminalistic laboratory services to federal, state, and local law enforcement
agencies, prosecuting attorneys[
'
] and agencies, and public defenders, with the exception of
those services provided by the state medical examiner in accordance with [
Title 26, Chapter 4,
Utah Medical Examiner Act
] 
Title 26B, Chapter 8, Part 2, Utah Medical Examiner
;
(7) establish satellite laboratories as necessary to provide criminalistic services;
(8) safeguard the public through licensing and regulation of activities that impact
public safety, including concealed weapons, emergency vehicles, and private investigators;
(9) provide investigative assistance to law enforcement and other government agencies;
(10) collect and provide intelligence information to criminal justice agencies;
(11) investigate crimes that jeopardize the safety of the citizens, as well as the interests,
of the state;
(12) regulate and investigate laws pertaining to the sale and distribution of liquor;
(13) make rules to implement this chapter;
(14) perform the functions specified in this chapter;
(15) comply with the requirements of Section 
11-40-103
;
(16) comply with the requirements of Sections 
72-10-602
 and 
72-10-603
; and
(17) develop and maintain a secure database of cold cases within the Utah Criminal
Justice Information System pursuant to Section 
53-10-115
.
Section 77. 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) "Clone" means to copy a subscription or subscription data from a rap back system,
including associated criminal history record information, from a qualified entity to another
qualified entity.
(b) "FBI Rap Back System" means the rap back system maintained by the Federal
Bureau of Investigation.
(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) "Volunteer Employee Criminal History System" or "VECHS" means a system that
allows the bureau and the Federal Bureau of Investigation to provide criminal history record
information to a qualifying entity, including a non-governmental qualifying entity.
(e) "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; and
(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 the qualifying entity's
own employees or volunteers and individuals who have applied for employment with or to
serve as a volunteer for 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, notary applicant, or as authorized under federal or state law;
(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) (i) 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:
(A) request a copy of the information received; and
(B) respond to and challenge the accuracy of any information received.
(ii) An individual who is the subject of a background check and who receives a copy of
the information described in Subsection (4)(g)(i) may use the information only for the purpose
of reviewing, responding to, or challenging the accuracy of the information.
(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 the division's 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) Except as provided in Subsection (5)(b), (c), (d), or (e), or as otherwise
authorized under state law, criminal history record information obtained from division files
may be used only for the purposes for which the information was provided.
(b) A criminal history provided to an agency under 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)
] 
26B-6-410
(5)
, provide a criminal
history record to the state agency or the agency's designee.
(e) Criminal history record information obtained from a national source may be
disseminated if the dissemination is authorized by a policy issued by the Criminal Justice
Information Services Division or other federal law.
(6) (a) A qualifying entity under Subsection (2)(c) may submit fingerprints to the
bureau and the Federal Bureau of Investigation for a local and national background check
under the provisions of the National Child Protection Act of 1993, 42 U.S.C. Sec. 5119 et seq.
(b) A qualifying entity under Subsection (2)(c) that submits fingerprints under
Subsection (6)(a):
(i) shall meet all VECHS requirements for using VECHS; and
(ii) may only submit fingerprints for an employee, volunteer, or applicant who has
resided in Utah for the seven years before the day on which the qualifying entity submits the
employee's, volunteer's, or applicant's fingerprints.
(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 the information 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 a criminal justice agency's 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 bureau 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 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 entity, the division may, upon request from another
qualifying entity, clone the subscription to the requesting qualifying entity if:
(i) the requesting qualifying entity requests the clone:
(A) 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 in which the
individual is responsible for, the care, treatment, training, instruction, supervision, or recreation
of children, the elderly, or individuals with disabilities; or
(B) for the same purpose as the purpose for which the original qualifying entity
requested the criminal history record information;
(ii) the requesting qualifying 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 clone, the requesting qualifying 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 entity or the individual pays any applicable fees set by the
division in accordance with Section 
63J-1-504
; and
(v) the requesting qualifying 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 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 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 78. Section 
53-10-202
 is amended to read:
53-10-202.
Criminal identification -- Duties of bureau.
The bureau shall:
(1) procure and file information relating to identification and activities of persons who:
(a) are fugitives from justice;
(b) are wanted or missing;
(c) have been arrested for or convicted of a crime under the laws of any state or nation;
and
(d) are believed to be involved in racketeering, organized crime, or a dangerous
offense;
(2) establish a statewide uniform crime reporting system that shall include:
(a) statistics concerning general categories of criminal activities;
(b) statistics concerning crimes that exhibit evidence of prejudice based on race,
religion, ancestry, national origin, ethnicity, or other categories that the division finds
appropriate;
(c) statistics concerning the use of force by law enforcement officers in accordance
with the Federal Bureau of Investigation's standards; and
(d) other statistics required by the Federal Bureau of Investigation;
(3) make a complete and systematic record and index of the information obtained
under this part;
(4) subject to the restrictions in this part, establish policy concerning the use and
dissemination of data obtained under this part;
(5) publish an annual report concerning the extent, fluctuation, distribution, and nature
of crime in Utah;
(6) establish a statewide central register for the identification and location of missing
persons, which may include:
(a) identifying data including fingerprints of each missing person;
(b) identifying data of any missing person who is reported as missing to a law
enforcement agency having jurisdiction;
(c) dates and circumstances of any persons requesting or receiving information from
the register; and
(d) any other information, including blood types and photographs found necessary in
furthering the purposes of this part;
(7) publish a quarterly directory of missing persons for distribution to persons or
entities likely to be instrumental in the identification and location of missing persons;
(8) list the name of every missing person with the appropriate nationally maintained
missing persons lists;
(9) establish and operate a 24-hour communication network for reports of missing
persons and reports of sightings of missing persons;
(10) coordinate with the National Center for Missing and Exploited Children and other
agencies to facilitate the identification and location of missing persons and the identification of
unidentified persons and bodies;
(11) receive information regarding missing persons as provided in Sections [
26-2-27
]
26B-8-130
 and 
53G-6-602
, and stolen vehicles, vessels, and outboard motors, as provided in
Section 
41-1a-1401
;
(12) adopt systems of identification, including the fingerprint system, to be used by the
division to facilitate law enforcement;
(13) assign a distinguishing number or mark of identification to any pistol or revolver,
as provided in Section 
76-10-520
;
(14) check certain criminal records databases for information regarding motor vehicle
salesperson applicants, maintain a separate file of fingerprints for motor vehicle salespersons,
and inform the Motor Vehicle Enforcement Division when new entries are made for certain
criminal offenses for motor vehicle salespersons in accordance with the requirements of
Section 
41-3-205.5
;
(15) check certain criminal records databases for information regarding driving
privilege card applicants or cardholders and maintain a separate file of fingerprints for driving
privilege applicants and cardholders and inform the federal Immigration and Customs
Enforcement Agency of the United States Department of Homeland Security when new entries
are made in accordance with the requirements of Section 
53-3-205.5
;
(16) review and approve or disapprove applications for license renewal that meet the
requirements for renewal; and
(17) forward to the board those applications for renewal under Subsection (16) that do
not meet the requirements for renewal.
Section 79. Section 
53-10-208.1
 is amended to read:
53-10-208.1.
Magistrates and court clerks to supply information.
(1) Every magistrate or clerk of a court responsible for court records in this state shall,
within 30 days of the disposition and on forms and in the manner provided by the division,
furnish the division with information pertaining to:
(a) all dispositions of criminal matters, including:
(i) guilty pleas;
(ii) convictions;
(iii) dismissals;
(iv) acquittals;
(v) pleas held in abeyance;
(vi) judgments of not guilty by reason of insanity;
(vii) judgments of guilty with a mental illness;
(viii) finding of mental incompetence to stand trial; and
(ix) probations granted;
(b) orders of civil commitment under the terms of Section [
62A-15-631
] 
26B-5-332
;
(c) the issuance, recall, cancellation, or modification of all warrants of arrest or
commitment as described in Rule 6, Utah Rules of Criminal Procedure and Section 
78B-6-303
,
within one day of the action and in a manner provided by the division; and
(d) protective orders issued after notice and hearing, pursuant to:
(i) Title 77, Chapter 36, Cohabitant Abuse Procedures Act;
(ii) Title 78B, Chapter 7, Part 4, Dating Violence Protective Orders;
(iii) Title 78B, Chapter 7, Part 5, Sexual Violence Protective Orders;
(iv) Title 78B, Chapter 7, Part 6, Cohabitant Abuse Protective Orders; or
(v) Title 78B, Chapter 7, Part 8, Criminal Protective Orders.
(2) The court in the county where a determination or finding was made shall transmit a
record of the determination or finding to the bureau no later than 48 hours after the
determination is made, excluding Saturdays, Sundays, and legal holidays, if an individual is:
(a) adjudicated as a mental defective; or
(b) involuntarily committed to a mental institution in accordance with Subsection
[
62A-15-631
(16)
] 
26B-5-332
(16)
.
(3) The record described in Subsection (2) shall include:
(a) an agency record identifier;
(b) the individual's name, sex, race, and date of birth; and
(c) the individual's social security number, government issued driver license or
identification number, alien registration number, government passport number, state
identification number, or FBI number.
Section 80. Section 
53-10-403
 is amended to read:
53-10-403.
DNA specimen analysis -- Application to offenders, including minors.
(1) Sections 
53-10-403.6
, 
53-10-404
, 
53-10-404.5
, 
53-10-405
, and 
53-10-406
 apply to
any person who:
(a) has pled guilty to or has been convicted of any of the offenses under Subsection
(2)(a) or (b) on or after July 1, 2002;
(b) has pled guilty to or has been convicted by any other state or by the United States
government of an offense which if committed in this state would be punishable as one or more
of the offenses listed in Subsection (2)(a) or (b) on or after July 1, 2003;
(c) has been booked on or after January 1, 2011, through December 31, 2014, for any
offense under Subsection (2)(c);
(d) has been booked:
(i) by a law enforcement agency that is obtaining a DNA specimen on or after May 13,
2014, through December 31, 2014, under Subsection 
53-10-404
(4)(b) for any felony offense; or
(ii) on or after January 1, 2015, for any felony offense; or
(e) is a minor under Subsection (3).
(2) Offenses referred to in Subsection (1) are:
(a) any felony or class A misdemeanor under the Utah Code;
(b) any offense under Subsection (2)(a):
(i) for which the court enters a judgment for conviction to a lower degree of offense
under Section 
76-3-402
; or
(ii) regarding which the court allows the defendant to enter a plea in abeyance as
defined in Section 
77-2a-1
; or
(c) (i) any violent felony as defined in Section 
53-10-403.5
;
(ii) sale or use of body parts, Section [
26-28-116
] 
26B-8-315
;
(iii) failure to stop at an accident that resulted in death, Section 
41-6a-401.5
;
(iv) operating a motor vehicle with any amount of a controlled substance in an
individual's body and causing serious bodily injury or death, as codified before May 4, 2022,
Laws of Utah 2021, Chapter 236, Section 1, Subsection 
58-37-8
(2)(g);
(v) a felony violation of enticing a minor over the Internet, Section 
76-4-401
;
(vi) negligently operating a vehicle resulting in injury, Subsection 
76-5-102.1
(2)(b);
(vii) a felony violation of propelling a substance or object at a correctional officer, a
peace officer, or an employee or a volunteer, including health care providers, Section
76-5-102.6
;
(viii) negligently operating a vehicle resulting in death, Subsection 
76-5-207
(2)(b);
(ix) aggravated human trafficking, Section 
76-5-310
, and aggravated human
smuggling, Section 
76-5-310.1
;
(x) a felony violation of unlawful sexual activity with a minor, Section 
76-5-401
;
(xi) a felony violation of sexual abuse of a minor, Section 
76-5-401.1
;
(xii) unlawful sexual contact with a 16
-
 or 17-year old, Section 
76-5-401.2
;
(xiii) sale of a child, Section 
76-7-203
;
(xiv) aggravated escape, Subsection 
76-8-309
(2);
(xv) a felony violation of assault on an elected official, Section 
76-8-315
;
(xvi) influencing, impeding, or retaliating against a judge or member of the Board of
Pardons and Parole, Section 
76-8-316
;
(xvii) advocating criminal syndicalism or sabotage, Section 
76-8-902
;
(xviii) assembly for advocating criminal syndicalism or sabotage, Section 
76-8-903
;
(xix) a felony violation of sexual battery, Section 
76-9-702.1
;
(xx) a felony violation of lewdness involving a child, Section 
76-9-702.5
;
(xxi) a felony violation of abuse or desecration of a dead human body, Section
76-9-704
;
(xxii) manufacture, possession, sale, or use of a weapon of mass destruction, Section
76-10-402
;
(xxiii) manufacture, possession, sale, or use of a hoax weapon of mass destruction,
Section 
76-10-403
;
(xxiv) possession of a concealed firearm in the commission of a violent felony,
Subsection 
76-10-504
(4);
(xxv) assault with the intent to commit bus hijacking with a dangerous weapon,
Subsection 
76-10-1504
(3);
(xxvi) commercial obstruction, Subsection 
76-10-2402
(2);
(xxvii) a felony violation of failure to register as a sex or kidnap offender, Section
77-41-107
;
(xxviii) repeat violation of a protective order, Subsection 
77-36-1.1
(4); or
(xxix) violation of condition for release after arrest under Section 
78B-7-802
.
(3) A minor under Subsection (1) is a minor 14 years old or older who is adjudicated
by the juvenile court due to the commission of any offense described in Subsection (2), and
who:
(a) committed an offense under Subsection (2) within the jurisdiction of the juvenile
court on or after July 1, 2002; or
(b) is in the legal custody of the Division of Juvenile Justice 
and Youth
 Services on or
after July 1, 2002
,
 for an offense under Subsection (2).
Section 81. Section 
53-10-405
 is amended to read:
53-10-405.
DNA specimen analysis -- Saliva sample to be obtained by agency --
Blood sample to be drawn by professional.
(1) (a) A saliva sample shall be obtained by the responsible agency under Subsection
53-10-404
(5).
(b) The sample shall be obtained in a professionally acceptable manner, using
appropriate procedures to ensure the sample is adequate for DNA analysis.
(2) (a) A blood sample shall be drawn in a medically acceptable manner by any of the
following:
(i) a physician;
(ii) a physician assistant;
(iii) a registered nurse;
(iv) a licensed practical nurse;
(v) a paramedic;
(vi) as provided in Subsection (2)(b), emergency medical service personnel other than
paramedics; or
(vii) a person with a valid permit issued by the Department of Health 
and Human
Services
 under Section [
26-1-30
] 
26B-1-202
.
(b) The Department of Health 
and Human Services
 may designate by rule, in
accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, which emergency
medical service personnel, as defined in Section [
26-8a-102
] 
26B-4-101
, are authorized to
draw blood under Subsection (2)(a)(vi), based on the type of license under Section [
26-8a-302
]
26B-4-116
.
(c) A person authorized by this section to draw a blood sample may not be held civilly
liable for drawing a sample in a medically acceptable manner.
(3) A test result or opinion based upon a test result regarding a DNA specimen may not
be rendered inadmissible as evidence solely because of deviations from procedures adopted by
the department that do not affect the reliability of the opinion or test result.
(4) A DNA specimen is not required to be obtained if:
(a) the court or the responsible agency confirms with the department that the
department has previously received an adequate DNA specimen obtained from the person in
accordance with this section; or
(b) the court determines that obtaining a DNA specimen would create a substantial and
unreasonable risk to the health of the person.
Section 82. Section 
53-10-802
 is amended to read:
53-10-802.
Request for testing -- Mandatory testing -- Liability for costs.
(1) (a) An alleged victim of a sexual offense, the parent or guardian of an alleged
victim who is a minor, or the guardian of an alleged victim who is a vulnerable adult as defined
in Section [
62A-3-301
] 
26B-6-201
 may request that the alleged sexual offender against whom
the indictment, information, or petition is filed or regarding whom the arrest has been made be
tested to determine whether the alleged offender is an HIV positive individual.
(b) If the alleged victim under Subsection (1)(a) has requested that the alleged offender
be tested, the alleged offender shall submit to being tested not later than 48 hours after an
information or indictment is filed or an order requiring a test is signed.
(c) If the alleged victim under Subsection (1)(a) requests that the alleged offender be
tested more than 48 hours after an information or indictment is filed, the offender shall submit
to being tested not later than 24 hours after the request is made.
(d) As soon as practicable, the results of the test conducted pursuant to this section
shall be provided to:
(i) the alleged victim who requested the test;
(ii) the parent or guardian of the alleged victim, if the alleged victim is a minor;
(iii) the legal guardian of the alleged victim if the victim is a vulnerable adult as
defined in Section [
62A-3-301
] 
26B-6-201
;
(iv) the alleged offender; and
(v) the parent or legal guardian of the alleged offender, if the offender is a minor.
(e) If follow-up testing is medically indicated, the results of follow-up testing of the
alleged offender shall be sent as soon as practicable to:
(i) the alleged victim;
(ii) the parent or guardian of the alleged victim if the alleged victim is a minor;
(iii) the legal guardian of the alleged victim, if the victim is a vulnerable adult as
defined in Section [
62A-3-301
] 
26B-6-201
;
(iv) the alleged offender; and
(v) the parent or legal guardian of the alleged offender, if the alleged offender is a
minor.
(2) If the mandatory test has not been conducted, and the alleged offender or alleged
minor offender is already confined in a county jail, state prison, or a secure youth corrections
facility, the alleged offender shall be tested while in confinement.
(3) (a) The secure youth corrections facility or county jail shall cause the blood
specimen of the alleged offender under Subsection (1) confined in that facility to be taken and
shall forward the specimen to:
(i) the Department of Health 
and Human Services
; or
(ii) an alternate testing facility, as determined by the secure youth corrections facility or
county jail, if testing under Subsection (3)(a)(i) is unavailable.
(b) The entity that receives the specimen under Subsection (3)(a) shall provide the
result to the prosecutor as soon as practicable for release to the parties as described in
Subsection (1)(d) or (e).
(4) The Department of Corrections shall cause the blood specimen of the alleged
offender defined in Subsection (1) confined in any state prison to be taken and shall forward
the specimen to the Department of Health 
and Human Services
 as provided in Section
64-13-36
.
(5) The alleged offender who is tested is responsible upon conviction for the costs of
testing, unless the alleged offender is indigent. The costs will then be paid by the Department
of Health 
and Human Services
 from the General Fund.
Section 83. Section 
53-10-804
 is amended to read:
53-10-804.
Victim notification and counseling.
(1) (a) The Department of Health 
of Human Services
 shall provide the victim who
requests testing of the alleged sexual offender's human immunodeficiency virus status
counseling regarding HIV disease and referral for appropriate health care and support services.
(b) If the local health department in whose jurisdiction the victim resides and the
Department of Health 
and Human Services
 agree, the Department of Health 
and Human
Services
 shall forward a report of the alleged sexual offender's human immunodeficiency virus
status to the local health department and the local health department shall provide the victim
who requests the test with the test results, counseling regarding HIV disease, and referral for
appropriate health care and support services.
(2) Notwithstanding the provisions of Section [
26-6-27
] 
26B-7-217
, the Department of
Health 
and Human Services
 and a local health department acting pursuant to an agreement
made under Subsection (1) may disclose to the victim the results of the alleged sexual
offender's human immunodeficiency virus status as provided in this section.
Section 84. Section 
53-13-105
 is amended to read:
53-13-105.
Special function officer.
(1) (a) "Special function officer" means a sworn and certified peace officer performing
specialized investigations, service of legal process, security functions, or specialized ordinance,
rule, or regulatory functions.
(b) "Special function officer" includes:
(i) state military police;
(ii) constables;
(iii) port-of-entry agents as defined in Section 
72-1-102
;
(iv) authorized employees or agents of the Department of Transportation assigned to
administer and enforce the provisions of Title 72, Chapter 9, Motor Carrier Safety Act;
(v) school district security officers;
(vi) Utah State Hospital security officers designated pursuant to Section [
62A-15-603
]
26B-5-303
;
(vii) Utah State Developmental Center security officers designated pursuant to
[
Subsection 
62A-5-206
(8)
] 
Section 
26B-6-506
;
(viii) fire arson investigators for any political subdivision of the state;
(ix) ordinance enforcement officers employed by municipalities or counties may be
special function officers;
(x) employees of the Department of Natural Resources who have been designated to
conduct supplemental enforcement functions as a collateral duty;
(xi) railroad special agents deputized by a county sheriff under Section 
17-30-2
 or
17-30a-104
, or appointed pursuant to Section 
56-1-21.5
;
(xii) auxiliary officers, as described by Section 
53-13-112
;
(xiii) special agents, process servers, and investigators employed by city attorneys;
(xiv) criminal tax investigators designated under Section 
59-1-206
; and
(xv) all other persons designated by statute as having special function officer authority
or limited peace officer authority.
(2) (a) A special function officer may exercise that spectrum of peace officer authority
that has been designated by statute to the employing agency, and only while on duty, and not
for the purpose of general law enforcement.
(b) If the special function officer is charged with security functions respecting facilities
or property, the powers may be exercised only in connection with acts occurring on the
property where the officer is employed or when required for the protection of the employer's
interest, property, or employees.
(c) A special function officer may carry firearms only while on duty, and only if
authorized and under conditions specified by the officer's employer or chief administrator.
(3) (a) A special function officer may not exercise the authority of a special function
officer until:
(i) the officer has satisfactorily completed an approved basic training program for
special function officers as provided under Subsection (4); and
(ii) the chief law enforcement officer or administrator has certified this fact to the
director of the division.
(b) City and county constables and their deputies shall certify their completion of
training to the legislative governing body of the city or county they serve.
(4) (a) The agency that the special function officer serves may establish and maintain a
basic special function course and in-service training programs as approved by the director of
the division with the advice and consent of the council.
(b) The in-service training shall consist of no fewer than 40 hours per year and may be
conducted by the agency's own staff or by other agencies.
(5) (a) An individual shall be 19 years old or older before being certified or employed
as a special function officer.
(b) A special function officer who is under 21 years old may only work as a
correctional officer in accordance with Section 
53-13-104
.
Section 85. Section 
53-13-110
 is amended to read:
53-13-110.
Duties to investigate specified instances of abuse or neglect.
In accordance with the requirements of Section 
80-2-703
, law enforcement officers
shall investigate alleged instances of abuse or neglect of a child that occur while the child is in
the custody of the Division of Child and Family Services, within the Department of 
Health and
Human Services.
Section 86. Section 
53-21-101
 is amended to read:
53-21-101.
Definitions.
As used in this chapter:
(1) "Crime scene investigator technician" means an individual employed by a law
enforcement agency to collect and analyze evidence from crime scenes and crime-related
incidents.
(2) "Department" means the Department of Public Safety.
(3) "First responder" means:
(a) a law enforcement officer, as defined in Section 
53-13-103
;
(b) an emergency medical technician, as defined in Section [
26-8c-102
] 
26B-4-137
;
(c) an advanced emergency medical technician, as defined in Section [
26-8c-102
]
26B-4-137
;
(d) a paramedic, as defined in Section [
26-8c-102
] 
26B-4-137
;
(e) a firefighter, as defined in Section 
34A-3-113
;
(f) a dispatcher, as defined in Section 
53-6-102
;
(g) a correctional officer, as defined in Section 
53-13-104
;
(h) a special function officer, as defined in Section 
53-13-105
, employed by a local
sheriff;
(i) a search and rescue worker under the supervision of a local sheriff;
(j) a credentialed criminal justice system victim advocate as defined in Section
77-38-403
 who responds to incidents with a law enforcement officer;
(k) a crime scene investigator technician; or
(l) a wildland firefighter.
(4) "First responder agency" means a local district, municipality, interlocal entity, or
other political subdivision that employs a first responder to provide fire protection, paramedic,
law enforcement, or emergency services.
(5) "Mental health resources" means:
(a) an assessment to determine appropriate mental health treatment that is performed
by a mental health therapist;
(b) outpatient mental health treatment provided by a mental health therapist; or
(c) peer support services provided by a peer support specialist who is qualified to
provide peer support services under Subsection [
62A-15-103
(2)(h)
] 
26B-5-102
(2)(h)
.
(6) "Mental health therapist" means the same as that term is defined in Section
58-60-102
.
(7) "Plan" means a plan to implement or expand a program that provides mental health
resources to first responders for which the division awards a grant under this chapter.
Section 87. Section 
53B-1-111
 is amended to read:
53B-1-111.
Organ donation notification.
(1) As used in this section:
(a) "Donor" means the same as that term is defined in Section [
26-28-102
] 
26B-4-137
.
(b) "Donor registry" means the same as that term is defined in Section [
26-28-102
]
26B-4-137
.
(c) "Institution of higher education" means an institution as described in Section
53B-3-102
.
(2) (a) An institution of higher education shall distribute, twice each academic year to
each enrolled student:
(i) an electronic message notifying each student of the option to register as a donor by
selecting the Internet link described in Subsection (2)(a)(ii); and
(ii) through the electronic message described in Subsection (2)(a)(i) an Internet link to
a website for a donor registry established under Section [
26-28-120
] 
26B-8-319
.
(b) An institution of higher education may also provide to students information on
donor registry by other electronic, printed, or in-person means.
Section 88. Section 
53B-17-301
 is amended to read:
53B-17-301.
Unclaimed dead bodies -- Notice to school of medicine at the
University of Utah -- Preservation of dead bodies.
(1) A county shall, within 24 hours after assuming custody of an unclaimed body for
which the county is required to provide burial under Section [
26-4-25
] 
26B-8-225
, provide
notice of the county's custody of the body to the dean of the school of medicine at the
University of Utah.
(2) The notice described in Subsection (1) shall specify the body's probable cause of
death.
(3) Subject to Section [
26-4-25
] 
26B-8-225
, the county shall, at the request of the dean
of the school of medicine at the University of Utah, forward the body to the university, at the
university's expense, within 24 hours of receiving the dean's request.
(4) The school of medicine at the University of Utah shall, for a body it receives under
Subsection (3):
(a) properly embalm and preserve the body for at least 60 days; and
(b) upon request, release the body to a person with priority to control the disposition of
the body under Section 
58-9-602
.
Section 89. Section 
53B-17-903
 is amended to read:
53B-17-903.
Education in pain treatment.
The University of Utah School of Medicine shall ensure that any licensed physicians
who oversee fellowship training to specialize in pain treatment are qualified medical providers,
as that term is defined in Section [
26-61a-102
] 
26B-4-201
.
Section 90. Section 
53B-17-1203
 is amended to read:
53B-17-1203.
SafeUT and School Safety Commission established -- Members.
(1) There is created the SafeUT and School Safety Commission composed of the
following members:
(a) one member who represents the Office of the Attorney General, appointed by the
attorney general;
(b) one member who represents the Utah public education system, appointed by the
State Board of Education;
(c) one member who represents the Utah system of higher education, appointed by the
board;
(d) one member who represents the [
Utah
] Department of Health 
and Human Services
,
appointed by the executive director of the Department of Health 
and Human Services
;
(e) one member of the House of Representatives, appointed by the speaker of the
House of Representatives;
(f) one member of the Senate, appointed by the president of the Senate;
(g) one member who represents the University Neuropsychiatric Institute, appointed by
the chair of the commission;
(h) one member who represents law enforcement who has extensive experience in
emergency response, appointed by the chair of the commission;
(i) one member who represents the [
Utah
] Department of 
Health and
 Human Services
who has experience in youth services or treatment services, appointed by the executive director
of the Department of 
Health and
 Human Services; and
(j) two members of the public, appointed by the chair of the commission.
(2) (a) Except as provided in Subsection (2)(b), members of the commission shall be
appointed to four-year terms.
(b) The length of the terms of the members shall be staggered so that approximately
half of the committee is appointed every two years.
(c) When a vacancy occurs in the membership of the commission, the replacement
shall be appointed for the unexpired term.
(3) (a) The attorney general's designee shall serve as chair of the commission.
(b) The chair shall set the agenda for commission meetings.
(4) Attendance of a simple majority of the members constitutes a quorum for the
transaction of official commission business.
(5) Formal action by the commission requires a majority vote of a quorum.
(6) (a) Except as provided in Subsection (6)(b), a member may not receive
compensation, benefits, per diem, or travel expenses for the member's service.
(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.
(7) The Office of the Attorney General shall provide staff support to the commission.
Section 91. Section 
53B-26-202
 is amended to read:
53B-26-202.
Nursing initiative -- Reporting requirements -- Proposals -- Funding.
(1) Every even-numbered year, the Utah Health Workforce Information Center created
in Section [
26-69-301
] 
26B-4-705
 shall:
(a) project the demand, by license classification, for individuals to enter a nursing
profession in each region;
(b) receive input from at least one medical association in developing the projections
described in Subsection (1)(a); and
(c) report the projections described in Subsection (1)(a) to:
(i) the board; and
(ii) the Higher Education Appropriations Subcommittee.
(2) To receive funding under this section, on or before January 5, an eligible program
shall submit to the Higher Education Appropriations Subcommittee, through the budget
process for the board, as applicable, a proposal that describes:
(a) a program of instruction offered by the eligible program that is responsive to a
projection described in Subsection (1)(a);
(b) the following information about the eligible program:
(i) expected student enrollment;
(ii) attainment rates;
(iii) job placement rates; and
(iv) passage rates for exams required for licensure for a nursing profession;
(c) the instructional cost per full-time equivalent student enrolled in the eligible
program;
(d) financial or in-kind contributions to the eligible program from:
(i) the health care industry; or
(ii) an institution; and
(e) a funding request, including justification for the request.
(3) The Higher Education Appropriations Subcommittee shall:
(a) review a proposal submitted under this section using the following criteria:
(i) the proposal:
(A) contains the elements described in Subsection (2);
(B) expands the capacity to meet the projected demand described in Subsection (1)(a);
and
(C) has health care industry or institution support; and
(ii) the program of instruction described in the proposal:
(A) is cost effective;
(B) has support from the health care industry or an institution; and
(C) has high passage rates on exams required for licensure for a nursing profession;
(b) determine the extent to which to fund the proposal; and
(c) make an appropriation recommendation to the Legislature on the amount of money
determined under Subsection (3)(b) to the eligible program's institution.
(4) An institution that receives funding under this section shall use the funding to
increase the number of students enrolled in the eligible program for which the institution
receives funding.
(5) On or before November 1 of each year, the board shall report to the Higher
Education Appropriations Subcommittee on the elements described in Subsection (2) for each
eligible program funded under this section.
Section 92. Section 
53B-28-202
 is amended to read:
53B-28-202.
Confidentiality of information -- Disclosure of confidential
communication.
(1) Except as provided in Subsection (2), and notwithstanding Title 63G, Chapter 2,
Government Records Access and Management Act, a person may not disclose a confidential
communication.
(2) A person may disclose a confidential communication if:
(a) the victim gives written and informed consent to the disclosure;
(b) the person has an obligation to disclose the confidential communication under
Section [
62A-3-305
] 
26B-6-205
, 
80-2-602
, or 
78B-3-502
;
(c) the disclosure is required by federal law; or
(d) a court of competent jurisdiction orders the disclosure.
Section 93. Section 
53B-28-303
 is amended to read:
53B-28-303.
Institution engagement with a law enforcement agency -- Articulable
and significant threat -- Notification to victim.
(1) (a) An institution shall keep confidential from a law enforcement agency a covered
allegation reported to the institution by the victim of the covered allegation.
(b) Notwithstanding Subsection (1)(a), an institution may engage with a law
enforcement agency in response to a covered allegation described in Subsection (1)(a):
(i) if the victim consents to the institution engaging with the law enforcement agency;
or
(ii) in accordance with Subsection (2).
(2) (a) Subject to Subsection (3), an institution that receives a report described in
Subsection (1)(a) may engage with a law enforcement agency in response to the covered
allegation if the institution determines, in accordance with Subsection (2)(b), that the
information in the covered allegation creates an articulable and significant threat to individual
or campus safety at the institution.
(b) To determine whether the information in a covered allegation creates an articulable
and significant threat described in Subsection (2)(a), the institution shall consider, if the
information is known to the institution, at least the following factors:
(i) whether the circumstances of the covered allegation suggest an increased risk that
the alleged perpetrator will commit an additional act of sexual violence or other violence;
(ii) whether the alleged perpetrator has an arrest history that indicates a history of
sexual violence or other violence;
(iii) whether records from the alleged perpetrator's previous postsecondary institution
indicate that the alleged perpetrator has a history of sexual violence or other violence;
(iv) whether the alleged perpetrator is alleged to have threatened further sexual
violence or other violence against the victim or another individual;
(v) whether the act of sexual violence was committed by more than one alleged
perpetrator;
(vi) whether the circumstances of the covered allegation suggest there is an increased
risk of future acts of sexual violence under similar circumstances;
(vii) whether the act of sexual violence was perpetrated with a weapon; and
(viii) the age of the victim.
(3) An institution shall:
(a) before engaging with a law enforcement agency in accordance with Subsection (2),
provide notice to the victim of the following:
(i) the institution's intent to engage with a law enforcement agency;
(ii) the law enforcement agency with which the institution intends to engage; and
(iii) the reason the institution made the determination described in Subsection (2); and
(b) in engaging with a law enforcement agency under Subsection (2):
(i) maintain the confidentiality of the victim; and
(ii) disclose the minimum information required to appropriately address the threat
described in Subsection (2)(a).
(4) Nothing in this section supersedes:
(a) an obligation described in Section [
62A-3-305
] 
26B-6-205
, 
80-2-602
, or
78B-3-502
; or
(b) a requirement described in Part 2, Confidential Communications for Institutional
Advocacy Services Act.
Section 94. Section 
53E-1-201
 is amended to read:
53E-1-201.
Reports to and action required of the Education Interim Committee.
(1) In accordance with applicable provisions and Section 
68-3-14
, the following
recurring reports are due to the Education Interim Committee:
(a) the report described in Section 
9-22-109
 by the STEM Action Center Board,
including the information described in Section 
9-22-113
 on the status of the computer science
initiative and Section 
9-22-114
 on the Computing Partnerships Grants Program;
(b) the prioritized list of data research described in Section 
53B-33-302
 and the report
on research and activities described in Section 
53B-33-304
 by the Utah Data Research Center;
(c) the report described in Section 
35A-15-303
 by the State Board of Education on
preschool programs;
(d) the report described in Section 
53B-1-402
 by the Utah Board of Higher Education
on career and technical education issues and addressing workforce needs;
(e) the annual report of the Utah Board of Higher Education described in Section
53B-1-402
;
(f) the reports described in Section 
53B-28-401
 by the Utah Board of Higher Education
regarding activities related to campus safety;
(g) the State Superintendent's Annual Report by the state board described in Section
53E-1-203
;
(h) the annual report described in Section 
53E-2-202
 by the state board on the strategic
plan to improve student outcomes;
(i) the report described in Section 
53E-8-204
 by the state board on the Utah Schools for
the Deaf and the Blind;
(j) the report described in Section 
53E-10-703
 by the Utah Leading through Effective,
Actionable, and Dynamic Education director on research and other activities;
(k) the report described in Section 
53F-2-522
 regarding mental health screening
programs;
(l) the report described in Section 
53F-4-203
 by the state board and the independent
evaluator on an evaluation of early interactive reading software;
(m) the report described in Section 
53F-4-407
 by the state board on UPSTART;
(n) the reports described in Sections 
53F-5-214
 and 
53F-5-215
 by the state board
related to grants for professional learning and grants for an elementary teacher preparation
assessment;
(o) upon request, the report described in Section 
53F-5-219
 by the state board on the
Local Innovations Civics Education Pilot Program;
(p) the report described in Section 
53F-5-405
 by the State Board of Education
regarding an evaluation of a partnership that receives a grant to improve educational outcomes
for students who are low income;
(q) the report described in Section 
53B-35-202
 regarding the Higher Education and
Corrections Council;
(r) the report described in Section 
53G-7-221
 by the State Board of Education
regarding innovation plans; and
(s) the annual report described in Section 
63A-2-502
 by the Educational Interpretation
and Translation Service Procurement Advisory Council.
(2) In accordance with applicable provisions and Section 
68-3-14
, the following
occasional reports are due to the Education Interim Committee:
(a) the report described in Section 
35A-15-303
 by the School Readiness Board by
November 30, 2020, on benchmarks for certain preschool programs;
(b) the report described in Section 
53B-28-402
 by the Utah Board of Higher Education
on or before the Education Interim Committee's November 2021 meeting;
(c) if required, the report described in Section 
53E-4-309
 by the state board explaining
the reasons for changing the grade level specification for the administration of specific
assessments;
(d) if required, the report described in Section 
53E-5-210
 by the state board of an
adjustment to the minimum level that demonstrates proficiency for each statewide assessment;
(e) in 2022 and in 2023, on or before November 30, the report described in Subsection
53E-10-309
(7) related to the PRIME pilot program;
(f) the report described in Section 
53E-10-702
 by Utah Leading through Effective,
Actionable, and Dynamic Education;
(g) if required, the report described in Section 
53F-2-513
 by the state board evaluating
the effects of salary bonuses on the recruitment and retention of effective teachers in high
poverty schools;
(h) the report described in Section 
53F-5-210
 by the state board on the Educational
Improvement Opportunities Outside of the Regular School Day Grant Program;
(i) upon request, a report described in Section 
53G-7-222
 by an LEA regarding
expenditure of a percentage of state restricted funds to support an innovative education
program;
(j) the report described in Section 
53G-7-503
 by the state board regarding fees that
LEAs charge during the 2020-2021 school year;
(k) the reports described in Section 
53G-11-304
 by the state board regarding proposed
rules and results related to educator exit surveys; and
(l) the report described in Section [
62A-15-117
] 
26B-5-113
 by the [
Division of
Substance Abuse
] 
Office of Substance Use
 and Mental Health, the State Board of Education,
and the Department of Health 
and Human Services
 regarding recommendations related to
Medicaid reimbursement for school-based health services.
Section 95. Section 
53E-3-503
 is amended to read:
53E-3-503.
Education of individuals in custody of or receiving services from
certain state agencies -- Establishment of coordinating council -- Advisory councils.
(1) (a) The state board is directly responsible for the education of all individuals who
are:
(i) (A) younger than 21 years old; or
(B) eligible for special education services as described in Chapter 7, Part 2, Special
Education Program; and
(ii) (A) receiving services from the Department of 
Health and
 Human Services;
(B) in the custody of an equivalent agency of a Native American tribe recognized by
the United States Bureau of Indian Affairs and whose custodial parent resides within the state;
or
(C) being held in a juvenile detention facility.
(b) The state board shall:
(i) make rules in accordance with Title 63G, Chapter 3, Utah Administrative
Rulemaking Act, to provide for the distribution of funds for the education of individuals
described in Subsection (1)(a); and
(ii) expend funds appropriated for the education of youth in custody in the following
order of priority:
(A) for students in a facility described in Subsection (1)(a)(ii) who are not included in
an LEA's average daily membership; and
(B) for students in a facility described in Subsection (1)(a)(ii) who are included in an
LEA's average daily membership and who may benefit from additional educational support
services.
(c) Subject to future budget constraints, the amount appropriated for the education of
youth in custody under this section shall increase annually based on the following:
(i) the percentage of enrollment growth of students in kindergarten through grade 12;
and
(ii) changes to the value of the weighted pupil unit as defined in Section 
53F-4-301
.
(2) Subsection (1)(a)(ii)(B) does not apply to an individual taken into custody for the
primary purpose of obtaining access to education programs provided for youth in custody.
(3) The state board shall, where feasible, contract with school districts or other
appropriate agencies to provide educational, administrative, and supportive services, but the
state board shall retain responsibility for the programs.
(4) The Legislature shall establish and maintain separate education budget categories
for youth in custody or who are under the jurisdiction of the following state agencies:
(a) detention centers and the Divisions of Juvenile Justice 
and Youth
 Services and
Child and Family Services;
(b) the [
Division of Substance Abuse
] 
Office of Substance Use
 and Mental Health; and
(c) the Division of Services for People with Disabilities.
(5) (a) The Department of 
Health and
 Human Services and the state board shall appoint
a coordinating council to plan, coordinate, and recommend budget, policy, and program
guidelines for the education and treatment of persons in the custody of the Division of Juvenile
Justice 
and Youth
 Services and the Division of Child and Family Services.
(b) The Department of 
Health and
 Human Services and the state board may appoint
similar councils for those in the custody of the [
Division of Substance Abuse
] 
Office of
Substance Use
 and Mental Health or the Division of Services for People with Disabilities.
(6) A school district contracting to provide services under Subsection (3) shall
establish an advisory council to plan, coordinate, and review education and treatment programs
for individuals held in custody in the district.
Section 96. Section 
53E-8-405
 is amended to read:
53E-8-405.
Collaboration with Department of Health and Human Services.
The Utah Schools for the Deaf and the Blind shall collaborate with the Department of
Health 
and Human Services
 to provide services to children with disabilities who are younger
than three years [
of age
] 
old
 in accordance with the Individuals with Disabilities Education
Act, 20 U.S.C. Sec. 1400 et seq.
Section 97. Section 
53E-8-408
 is amended to read:
53E-8-408.
Educational services for an individual with a hearing loss.
(1) Subject to Subsection (2), the Utah Schools for the Deaf and the Blind shall provide
educational services to an individual:
(a) who seeks to receive the educational services; and
(b) (i) whose results of a test for hearing loss are reported to the Utah Schools for the
Deaf and the Blind in accordance with Section [
26-10-6
] 
26B-4-319
 or [
26-10-13
] 
26B-4-323
;
or
(ii) who has been diagnosed with a hearing loss by a physician or an audiologist.
(2) If the individual who will receive the services described in Subsection (1) is a
minor, the Utah Schools for the Deaf and the Blind may not provide the services to the
individual until after receiving permission from the individual's parent.
Section 98. Section 
53E-9-301
 is amended to read:
53E-9-301.
Definitions.
As used in this part:
(1) "Adult student" means a student who:
(a) is at least 18 years old;
(b) is an emancipated student; or
(c) qualifies under the McKinney-Vento Homeless Education Assistance
Improvements Act of 2001, 42 U.S.C. Sec. 11431 et seq.
(2) "Aggregate data" means data that:
(a) are totaled and reported at the group, cohort, school, school district, region, or state
level with at least 10 individuals in the level;
(b) do not reveal personally identifiable student data; and
(c) are collected in accordance with state board rule.
(3) (a) "Biometric identifier" means a:
(i) retina or iris scan;
(ii) fingerprint;
(iii) human biological sample used for valid scientific testing or screening; or
(iv) scan of hand or face geometry.
(b) "Biometric identifier" does not include:
(i) a writing sample;
(ii) a written signature;
(iii) a voiceprint;
(iv) a photograph;
(v) demographic data; or
(vi) a physical description, such as height, weight, hair color, or eye color.
(4) "Biometric information" means information, regardless of how the information is
collected, converted, stored, or shared:
(a) based on an individual's biometric identifier; and
(b) used to identify the individual.
(5) "Data breach" means an unauthorized release of or unauthorized access to
personally identifiable student data that is maintained by an education entity.
(6) "Data governance plan" means an education entity's comprehensive plan for
managing education data that:
(a) incorporates reasonable data industry best practices to maintain and protect student
data and other education-related data;
(b) describes the role, responsibility, and authority of an education entity data
governance staff member;
(c) provides for necessary technical assistance, training, support, and auditing;
(d) describes the process for sharing student data between an education entity and
another person;
(e) describes the education entity's data expungement process, including how to
respond to requests for expungement;
(f) describes the data breach response process; and
(g) is published annually and available on the education entity's website.
(7) "Education entity" means:
(a) the state board;
(b) a local school board;
(c) a charter school governing board;
(d) a school district;
(e) a charter school; or
(f) the Utah Schools for the Deaf and the Blind.
(8) "Expunge" means to seal or permanently delete data, as described in state board
rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
under Section 
53E-9-306
.
(9) "General audience application" means an Internet website, online service, online
application, mobile application, or software program that:
(a) is not specifically intended for use by an audience member that attends kindergarten
or a grade from 1 to 12, although an audience member may attend kindergarten or a grade from
1 to 12; and
(b) is not subject to a contract between an education entity and a third-party contractor.
(10) "Local education agency" or "LEA" means:
(a) a school district;
(b) a charter school; or
(c) the Utah Schools for the Deaf and the Blind.
(11) "Metadata dictionary" means a record that:
(a) defines and discloses all personally identifiable student data collected and shared by
the education entity;
(b) comprehensively lists all recipients with whom the education entity has shared
personally identifiable student data, including:
(i) the purpose for sharing the data with the recipient;
(ii) the justification for sharing the data, including whether sharing the data was
required by federal law, state law, or a local directive; and
(iii) how sharing the data is permitted under federal or state law; and
(c) without disclosing personally identifiable student data, is displayed on the
education entity's website.
(12) "Necessary student data" means data required by state statute or federal law to
conduct the regular activities of an education entity, including:
(a) name;
(b) date of birth;
(c) sex;
(d) parent contact information;
(e) custodial parent information;
(f) contact information;
(g) a student identification number;
(h) local, state, and national assessment results or an exception from taking a local,
state, or national assessment;
(i) courses taken and completed, credits earned, and other transcript information;
(j) course grades and grade point average;
(k) grade level and expected graduation date or graduation cohort;
(l) degree, diploma, credential attainment, and other school exit information;
(m) attendance and mobility;
(n) drop-out data;
(o) immunization record or an exception from an immunization record;
(p) race;
(q) ethnicity;
(r) tribal affiliation;
(s) remediation efforts;
(t) an exception from a vision screening required under Section 
53G-9-404
 or
information collected from a vision screening described in Section 
53G-9-404
;
(u) information related to the Utah Registry of Autism and Developmental Disabilities,
described in Section [
26-7-4
] 
26B-7-115
;
(v) student injury information;
(w) a disciplinary record created and maintained as described in Section 
53E-9-306
;
(x) juvenile delinquency records;
(y) English language learner status; and
(z) child find and special education evaluation data related to initiation of an IEP.
(13) (a) "Optional student data" means student data that is not:
(i) necessary student data; or
(ii) student data that an education entity may not collect under Section 
53E-9-305
.
(b) "Optional student data" includes:
(i) information that is:
(A) related to an IEP or needed to provide special needs services; and
(B) not necessary student data;
(ii) biometric information; and
(iii) information that is not necessary student data and that is required for a student to
participate in a federal or other program.
(14) "Parent" means:
(a) a student's parent;
(b) a student's legal guardian; or
(c) an individual who has written authorization from a student's parent or legal
guardian to act as a parent or legal guardian on behalf of the student.
(15) (a) "Personally identifiable student data" means student data that identifies or is
used by the holder to identify a student.
(b) "Personally identifiable student data" includes:
(i) a student's first and last name;
(ii) the first and last name of a student's family member;
(iii) a student's or a student's family's home or physical address;
(iv) a student's email address or other online contact information;
(v) a student's telephone number;
(vi) a student's social security number;
(vii) a student's biometric identifier;
(viii) a student's health or disability data;
(ix) a student's education entity student identification number;
(x) a student's social media user name and password or alias;
(xi) if associated with personally identifiable student data, the student's persistent
identifier, including:
(A) a customer number held in a cookie; or
(B) a processor serial number;
(xii) a combination of a student's last name or photograph with other information that
together permits a person to contact the student online;
(xiii) information about a student or a student's family that a person collects online and
combines with other personally identifiable student data to identify the student; and
(xiv) information that, alone or in combination, is linked or linkable to a specific
student that would allow a reasonable person in the school community, who does not have
personal knowledge of the relevant circumstances, to identify the student with reasonable
certainty.
(16) "School official" means an employee or agent of an education entity, if the
education entity has authorized the employee or agent to request or receive student data on
behalf of the education entity.
(17) (a) "Student data" means information about a student at the individual student
level.
(b) "Student data" does not include aggregate or de-identified data.
(18) "Student data manager" means:
(a) the state student data officer; or
(b) an individual designated as a student data manager by an education entity under
Section 
53E-9-303
, who fulfills the duties described in Section 
53E-9-308
.
(19) (a) "Targeted advertising" means presenting advertisements to a student where the
advertisement is selected based on information obtained or inferred over time from that
student's online behavior, usage of applications, or student data.
(b) "Targeted advertising" does not include advertising to a student:
(i) at an online location based upon that student's current visit to that location; or
(ii) in response to that student's request for information or feedback, without retention
of that student's online activities or requests over time for the purpose of targeting subsequent
ads.
(20) "Third-party contractor" means a person who:
(a) is not an education entity; and
(b) pursuant to a contract with an education entity, collects or receives student data in
order to provide a product or service, as described in the contract, if the product or service is
not related to school photography, yearbooks, graduation announcements, or a similar product
or service.
(21) "Written consent" means written authorization to collect or share a student's
student data, from:
(a) the student's parent, if the student is not an adult student; or
(b) the student, if the student is an adult student.
Section 99. Section 
53E-9-307
 is amended to read:
53E-9-307.
Securing and cataloguing student data.
In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
state board shall make rules that:
(1) using reasonable data industry best practices, prescribe the maintenance and
protection of stored student data by:
(a) an education entity;
(b) the Utah Registry of Autism and Developmental Disabilities, described in Section
[
26-7-4
] 
26B-7-115
, for student data obtained under Section 
53E-9-308
; and
(c) a third-party contractor; and
(2) state requirements for an education entity's metadata dictionary.
Section 100. Section 
53E-9-308
 is amended to read:
53E-9-308.
Sharing student data -- Prohibition -- Requirements for student data
manager -- Authorized student data sharing.
(1) (a) Except as provided in Subsection (1)(b), an education entity, including a student
data manager, may not share personally identifiable student data without written consent.
(b) An education entity, including a student data manager, may share personally
identifiable student data:
(i) in accordance with the Family Education Rights and Privacy Act and related
provisions under 20 U.S.C. Secs. 1232g and 1232h;
(ii) as required by federal law; and
(iii) as described in Subsections (3), (5), and (6).
(2) A student data manager shall:
(a) authorize and manage the sharing, outside of the student data manager's education
entity, of personally identifiable student data for the education entity as described in this
section;
(b) act as the primary local point of contact for the state student data officer described
in Section 
53E-9-302
; and
(c) fulfill other responsibilities described in the data governance plan of the student
data manager's education entity.
(3) A student data manager may share a student's personally identifiable student data
with a caseworker or representative of the Department of 
Health and
 Human Services if:
(a) the Department of 
Health and
 Human Services is:
(i) legally responsible for the care and protection of the student, including the
responsibility to investigate a report of educational neglect, as provided in Subsection
80-2-701
(5); or
(ii) providing services to the student;
(b) the student's personally identifiable student data is not shared with a person who is
not authorized:
(i) to address the student's education needs; or
(ii) by the Department of 
Health and
 Human Services to receive the student's
personally identifiable student data; and
(c) the Department of 
Health and
 Human Services maintains and protects the student's
personally identifiable student data.
(4) The Department of 
Health and
 Human Services, a school official, or the Utah
Juvenile Court may share personally identifiable student data to improve education outcomes
for youth:
(a) in the custody of, or under the guardianship of, the Department of 
Health and
Human Services;
(b) receiving services from the Division of Juvenile Justice 
and Youth
 Services;
(c) in the custody of the Division of Child and Family Services;
(d) receiving services from the Division of Services for People with Disabilities; or
(e) under the jurisdiction of the Utah Juvenile Court.
(5) (a) A student data manager may share personally identifiable student data in
response to a subpoena issued by a court.
(b) A person who receives personally identifiable student data under Subsection (5)(a)
may not use the personally identifiable student data outside of the use described in the
subpoena.
(6) (a) A student data manager may share student data, including personally
identifiable student data, in response to a request to share student data for the purpose of
research or evaluation, if the student data manager:
(i) verifies that the request meets the requirements of 34 C.F.R. Sec. 99.31(a)(6);
(ii) submits the request to the education entity's research review process; and
(iii) fulfills the instructions that result from the review process.
(b) (i) In accordance with state and federal law, and subject to Subsection (6)(b)(ii), the
state board shall share student data, including personally identifiable student data, as requested
by the Utah Registry of Autism and Developmental Disabilities described in Section [
26-7-4
]
26B-7-115
.
(ii) (A) At least 30 days before the state board shares student data in accordance with
Subsection (6)(b)(i), the education entity from which the state board received the student data
shall provide notice to the parent of each student for which the state board intends to share
student data.
(B) The state board may not, for a particular student, share student data as described in
Subsection (6)(b)(i) if the student's parent requests that the state board not share the student
data.
(iii) A person who receives student data under Subsection (6)(b)(i):
(A) shall maintain and protect the student data in accordance with state board rule
described in Section 
53E-9-307
;
(B) may not use the student data for a purpose not described in Section [
26-7-4
]
26B-7-115
; and
(C) is subject to audit by the state student data officer described in Section 
53E-9-302
.
Section 101. Section 
53F-2-415
 is amended to read:
53F-2-415.
Student health and counseling support -- Qualifying personnel --
Distribution formula -- Rulemaking.
(1) As used in this section:
(a) "Qualifying personnel" means a school counselor or other counselor, school
psychologist or other psychologist, school social worker or other social worker, or school nurse
who:
(i) is licensed; and
(ii) collaborates with educators and a student's parent on:
(A) early identification and intervention of the student's academic and mental health
needs; and
(B) removing barriers to learning and developing skills and behaviors critical for the
student's academic achievement.
(b) "Telehealth services" means the same as that term is defined in Section [
26-60-102
]
26B-4-704
.
(2) (a) Subject to legislative appropriations, and in accordance with Subsection (2)(b),
the state board shall distribute money appropriated under this section to LEAs to provide in a
school targeted school-based mental health support, including clinical services and
trauma-informed care, through:
(i) employing qualifying personnel; or
(ii) entering into contracts for services provided by qualifying personnel, including
telehealth services.
(b) (i) The state board shall, after consulting with LEA governing boards, develop a
formula to distribute money appropriated under this section to LEAs.
(ii) The state board shall ensure that the formula described in Subsection (2)(b)(i)
incentivizes an LEA to provide school-based mental health support in collaboration with the
local mental health authority of the county in which the LEA is located.
(3) To qualify for money under this section, an LEA shall submit to the state board a
plan that includes:
(a) measurable goals approved by the LEA governing board on improving student
safety, student engagement, school culture, or academic achievement;
(b) how the LEA intends to meet the goals described in Subsection (3)(a) through the
use of the money;
(c) how the LEA is meeting the requirements related to parent education described in
Section 
53G-9-703
; and
(d) whether the LEA intends to provide school-based mental health support in
collaboration with the local mental health authority of the county in which the LEA is located.
(4) The state board shall distribute money appropriated under this section to an LEA
that qualifies under Subsection (3):
(a) based on the formula described in Subsection (2)(b); and
(b) if the state board approves the LEA's plan before April 1, 2020, in an amount of
money that the LEA equally matches using local money, unrestricted state money, or money
distributed to the LEA under Section 
53G-7-1303
.
(5) An LEA may not use money distributed by the state board under this section to
supplant federal, state, or local money previously allocated to:
(a) employ qualifying personnel; or
(b) enter into contracts for services provided by qualified personnel, including
telehealth services.
(6) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
state board shall make rules that establish:
(a) procedures for submitting a plan for and distributing money under this section;
(b) the formula the state board will use to distribute money to LEAs described in
Subsection (2)(b); and
(c) in accordance with Subsection (7), annual reporting requirements for an LEA that
receives money under this section.
(7) An LEA that receives money under this section shall submit an annual report to the
state board, including:
(a) progress toward achieving the goals submitted under Subsection (3)(a);
(b) if the LEA discontinues a qualifying personnel position, the LEA's reason for
discontinuing the position; and
(c) how the LEA, in providing school-based mental health support, complies with the
provisions of Section 
53E-9-203
.
(8) Beginning on or before July 1, 2019, the state board shall provide training that
instructs school personnel on the impact of childhood trauma on student learning, including
information advising educators against practicing medicine, giving a diagnosis, or providing
treatment.
(9) The state board may use up to:
(a) 2% of an appropriation under this section for costs related to the administration of
the provisions of this section; and
(b) $1,500,000 in nonlapsing balances from fiscal year 2022 for the purposes described
in this section to provide scholarships for up to four years to certain LEA employees, as defined
by the state board, for education and training to become a school social worker, a school
psychologist, or other school-based mental health worker.
(10) Notwithstanding the provisions of this section, money appropriated under this
section may be used, as determined by the state board, for:
(a) the SafeUT Crisis Line described in Section 
53B-17-1202
; or
(b) youth suicide prevention programs described in Section 
53G-9-702
.
Section 102. Section 
53F-2-522
 is amended to read:
53F-2-522.
Public education mental health screening.
(1) As used in this section:
(a) "Division" means the Division of [
Substance Abuse and Mental Health.
] 
Integrated
Healthcare within the Department of Health and Human Services.
(b) "Participating LEA" means an LEA that has an approved screening program
described in this section.
(c) "Participating student" means a student in a participating LEA who participates in a
mental health screening program.
(d) "Qualifying parent" means a parent:
(i) of a participating student who, based on the results of a screening program, would
benefit from resources that cannot be provided to the participating student in the school setting;
and
(ii) who qualifies for financial assistance to pay for the resources under rules made by
the state board.
(e) "Screening program" means a student mental health screening program selected by
a participating LEA and approved by the state board in consultation with the division.
(2) A participating LEA may implement a mental health screening for participating
students using an evidence-based screening program.
(3) The state board shall:
(a) make rules in accordance with Title 63G, Chapter 3, Utah Administrative
Rulemaking Act, to establish:
(i) a process for a participating LEA to submit a selected screening program to the state
board for approval;
(ii) in accordance with Title 53E, Chapter 9, Student Privacy and Data Protection, and
the Family Educational Rights and Privacy Act, 20 U.S.C. 1232g, who may access and use a
participating student's screening data; and
(iii) a requirement and a process for appropriate LEA or school personnel to attend
annual training related to administering the screening program;
(b) in consultation with the division, approve an evidence-based student mental health
screening program selected by a participating LEA that:
(i) is age appropriate for each grade in which the screening program is administered;
(ii) screens for the mental health conditions determined by the state board and division;
and
(iii) is an effective tool for identifying whether a student has a mental health condition
that requires intervention; and
(c) on or before November 30 of each year, submit a report on the screening programs
to:
(i) the State Suicide Prevention Coalition created under Subsection [
62A-15-1101
(2)
]
26B-5-611
(2)
; and
(ii) the Education Interim Committee in accordance with Section 
53E-1-201
.
(4) A participating LEA shall:
(a) in accordance with rules made by the state board under Subsection (3)(a), submit a
selected screening program to the state board for approval;
(b) administer a screening program to participating students in the participating LEA;
(c) obtain prior written consent from a student's parent, that complies with Section
53E-9-203
, and the Family Educational Rights and Privacy Act, 20 U.S.C. Sec. 1232g, before
the participating LEA administers the screening program to a participating student; and
(d) if results of a participating student's screening indicate a potential mental health
condition, notify the parent of the participating student of:
(i) the participating student's results; and
(ii) resources available to the participating student, including any services that can be
provided by the school mental health provider or by a partnering entity.
(5) (a) Within appropriations made by the Legislature for this purpose, the state board
may distribute funds to a participating LEA to use to assist a qualifying parent to pay for
resources described in Subsection (4)(d)(ii) that cannot be provided by a school mental health
professional in the school setting.
(b) The state board shall make rules, in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act, for:
(i) determining whether a parent is eligible to receive the financial support described in
Subsection (5)(a); and
(ii) applying for and distributing the financial support described in Subsection (5)(a).
(6) A school employee trained in accordance with rules made by the state board under
Subsection (3)(a)(iii), who administers an approved mental health screening in accordance with
this section in good faith, is not liable in a civil action for an act taken or not taken under this
section.
Section 103. Section 
53F-4-401
 is amended to read:
53F-4-401.
Definitions.
As used in this part:
(1) "Contractor" means the educational technology provider selected by the state board
under Section 
53F-4-402
.
(2) "Intergenerational poverty" means the same as that term is defined in Section
35A-9-102
.
(3) "Preschool child" means a child who is:
(a) four or five years old; and
(b) not eligible for enrollment under Subsection 
53G-4-402
(6).
(4) (a) "Private preschool provider" means a child care program that:
(i) (A) is licensed under [
Title 26, Chapter 39, Utah Child Care Licensing Act
] 
Title
26B, Chapter 2, Part 4, Child Care Licensing
; or
(B) except as provided in Subsection (4)(b)(ii), is exempt from licensure under Section
[
26-39-403
] 
26B-2-405
; and
(ii) meets other criteria as established by the state board, consistent with Utah
Constitution, Article X, Section 1.
(b) "Private preschool provider" does not include:
(i) a residential certificate provider described in Section [
26-39-402
] 
26B-2-404
; or
(ii) a program exempt from licensure under Subsection [
26-39-403
(2)(c)
]
26B-2-405
(2)(c)
.
(5) "Public preschool" means a preschool program that is provided by a school district
or charter school.
(6) "Qualifying participant" means a preschool child who:
(a) resides within the boundaries of a qualifying school as determined under Section
53G-6-302
; or
(b) is enrolled in a qualifying preschool.
(7) "Qualifying preschool" means a public preschool or private preschool provider that:
(a) serves preschool children covered by child care subsidies funded by the Child Care
and Development Block Grant Program authorized under 42 U.S.C. Secs. 9857-9858r;
(b) participates in a federally assisted meal program that provides funds to licensed
child care centers as authorized under Section 
53E-3-501
; or
(c) is located within the boundaries of a qualifying school.
(8) "Qualifying school" means a school district elementary school that:
(a) has at least 50% of students who were eligible to receive free or reduced lunch the
previous school year;
(b) is a school with a high percentage, as determined by the Department of Workforce
Services through rule and based on the previous school year enrollments, of students
experiencing intergenerational poverty; or
(c) is located in one of the following school districts:
(i) Beaver School District;
(ii) Carbon School District;
(iii) Daggett School District;
(iv) Duchesne School District;
(v) Emery School District;
(vi) Garfield School District;
(vii) Grand School District;
(viii) Iron School District;
(ix) Juab School District;
(x) Kane School District;
(xi) Millard School District;
(xii) Morgan School District;
(xiii) North Sanpete School District;
(xiv) North Summit School District;
(xv) Piute School District;
(xvi) Rich School District;
(xvii) San Juan School District;
(xviii) Sevier School District;
(xix) South Sanpete School District;
(xx) South Summit School District;
(xxi) Tintic School District;
(xxii) Uintah School District; or
(xxiii) Wayne School District.
(9) "UPSTART" means the project established by Section 
53F-4-402
 that uses a
home-based educational technology program to develop school readiness skills of preschool
children.
Section 104. Section 
53F-5-207
 is amended to read:
53F-5-207.
Intergenerational Poverty Interventions Grant Program -- Definitions
-- Grant requirements -- Reporting requirements.
(1) As used in this section:
(a) "Eligible student" means a student who is classified as a child affected by
intergenerational poverty.
(b) "Intergenerational poverty" has the same meaning as in Section 
35A-9-102
.
(c) "LEA governing board" means a local school board or a charter school governing
board.
(d) "Local education agency" or "LEA" means a school district or charter school.
(e) "Program" means the Intergenerational Poverty Interventions Grant Program
created in Subsection (2).
(2) The Intergenerational Poverty Interventions Grant Program is created to provide
grants to eligible LEAs to fund additional educational opportunities at eligible LEAs, for
eligible students, outside of the regular school day offerings.
(3) Subject to future budget constraints, the state board shall distribute to LEAs money
appropriated for the program in accordance with this section.
(4) The state board shall:
(a) solicit proposals from LEA governing boards to receive money under the program;
and
(b) award grants to an LEA governing board on behalf of an LEA based on criteria
described in Subsection (5).
(5) In awarding a grant under Subsection (4), the state board shall consider:
(a) the percentage of an LEA's students that are classified as children affected by
intergenerational poverty;
(b) the level of administrative support and leadership at an eligible LEA to effectively
implement, monitor, and evaluate the program; and
(c) an LEA's commitment and ability to work with the Department of Workforce
Services, the Department of Health 
and Human Services
, [
the Department of Human Services,
]
and the juvenile courts to provide services to the LEA's eligible students.
(6) To receive a grant under the program on behalf of an LEA, an LEA governing
board shall submit a proposal to the state board detailing:
(a) the LEA's strategy to implement the program, including the LEA's strategy to
improve the academic achievement of children affected by intergenerational poverty;
(b) the LEA's strategy for coordinating with and engaging the Department of
Workforce Services to provide services for the LEA's eligible students;
(c) the number of students the LEA plans to serve, categorized by age and
intergenerational poverty status;
(d) the number of students, eligible students, and schools the LEA plans to fund with
the grant money; and
(e) the estimated cost per student.
(7) (a) The state board shall annually prepare, for inclusion in the State
Superintendent's Annual Report described in Section 
53E-1-203
, a report on:
(i) the progress of LEA programs using grant money;
(ii) the progress of LEA programs in improving the academic achievement of children
affected by intergenerational poverty; and
(iii) the LEA's coordination efforts with the Department of Workforce Services, the
Department of Health 
and Human Services
, [
the Department of Human Services,
] and the
juvenile courts.
(b) The state board shall provide the report described in Subsection (7)(a) to the
Education Interim Committee upon request.
(c) An LEA that receives grant money pursuant to this section shall provide to the state
board information that is necessary for the state board's report described in Subsection (7)(a).
(8) The state board may use up to 8.5% of the money appropriated for the program in
accordance with this section for administration and evaluation of the program.
Section 105. Section 
53G-6-302
 is amended to read:
53G-6-302.
Child's school district of residence -- Determination -- Responsibility
for providing educational services.
(1) As used in this section:
(a) "Health care facility" means the same as that term is defined in Section [
26-21-2
]
26B-2-201
.
(b) "Human services program" means the same as that term is defined in Section
[
62A-2-101
] 
26B-2-101
.
(c) "Supervision" means a minor child is:
(i) receiving services from a state agency, local mental health authority, or substance
abuse authority with active involvement or oversight; and
(ii) engaged in a human services program that is properly licensed or certified and has
provided the school district receiving the minor child with an education plan that complies with
the requirements of Section [
62A-2-108.1
] 
26B-2-116
.
(2) The school district of residence of a minor child whose custodial parent resides
within Utah is:
(a) the school district in which the custodial parent resides; or
(b) the school district in which the child resides:
(i) while in the custody or under the supervision of a Utah state agency, local mental
health authority, or substance abuse authority;
(ii) while under the supervision of a private or public agency which is in compliance
with Section [
62A-2-127
] 
26B-2-131
 and is authorized to provide child placement services by
the state;
(iii) while living with a responsible adult resident of the district, if a determination has
been made in accordance with rules made by the state board in accordance with Title 63G,
Chapter 3, Utah Administrative Rulemaking Act, that:
(A) the child's physical, mental, moral, or emotional health will best be served by
considering the child to be a resident for school purposes;
(B) exigent circumstances exist that do not permit the case to be appropriately
addressed under Section 
53G-6-402
; and
(C) considering the child to be a resident of the district under this Subsection (2)(b)(iii)
does not violate any other law or rule of the state board;
(iv) while the child is receiving services from a health care facility or human services
program, if a determination has been made in accordance with rules made by the state board in
accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, that:
(A) the child's physical, mental, moral, or emotional health will best be served by
considering the child to be a resident for school purposes;
(B) exigent circumstances exist that do not permit the case to be appropriately
addressed under Section 
53G-6-402
; and
(C) considering the child to be a resident of the district under this Subsection (2)(b)(iv)
does not violate any other law or rule of the state board; or
(v) if the child is married or has been determined to be an emancipated minor by a
court of law or by a state administrative agency authorized to make that determination.
(3) A minor child whose custodial parent does not reside in the state is considered to be
a resident of the district in which the child lives, unless that designation violates any other law
or rule of the state board, if:
(a) the child is married or an emancipated minor under Subsection (2)(b)(v);
(b) the child lives with a resident of the district who is a responsible adult and whom
the district agrees to designate as the child's legal guardian under Section 
53G-6-303
;
(c) if permissible under policies adopted by a local school board, it is established to the
satisfaction of the local school board that:
(i) the child lives with a responsible adult who is a resident of the district and is the
child's noncustodial parent, grandparent, brother, sister, uncle, or aunt;
(ii) the child's presence in the district is not for the primary purpose of attending the
public schools;
(iii) the child's physical, mental, moral, or emotional health will best be served by
considering the child to be a resident for school purposes; and
(iv) the child is prepared to abide by the policies of the school and school district in
which attendance is sought; or
(d) it is established to the satisfaction of the local school board that:
(i) the child's parent moves from the state;
(ii) the child's parent executes a power of attorney under Section 
75-5-103
 that:
(A) meets the requirements of Subsection (4); and
(B) delegates powers regarding care, custody, or property, including schooling, to a
responsible adult with whom the child resides;
(iii) the responsible adult described in Subsection (3)(d)(ii)(B) is a resident of the
district;
(iv) the child's physical, mental, moral, or emotional health will best be served by
considering the child to be a resident for school purposes;
(v) the child is prepared to abide by the policies of the school and school district in
which attendance is sought; and
(vi) the child's attendance in the school will not be detrimental to the school or school
district.
(4) (a) If admission is sought under Subsection (2)(b)(iii), (3)(c), or (3)(d), then the
district may require the person with whom the child lives to be designated as the child's
custodian in a durable power of attorney, issued by the party who has legal custody of the child,
granting the custodian full authority to take any appropriate action, including authorization for
educational or medical services, in the interests of the child.
(b) Both the party granting and the party empowered by the power of attorney shall
agree to:
(i) assume responsibility for any fees or other charges relating to the child's education
in the district; and
(ii) if eligibility for fee waivers is claimed under Section 
53G-7-504
, provide the
school district with all financial information requested by the district for purposes of
determining eligibility for fee waivers.
(c) Notwithstanding Section 
75-5-103
, a power of attorney meeting the requirements of
this section and accepted by the school district shall remain in force until the earliest of the
following occurs:
(i) the child reaches the age of 18, marries, or becomes emancipated;
(ii) the expiration date stated in the document; or
(iii) the power of attorney is revoked or rendered inoperative by the grantor or grantee,
or by order of a court of competent jurisdiction.
(5) A power of attorney does not confer legal guardianship.
(6) Each school district is responsible for providing educational services for all
children of school age who are residents of the district.
Section 106. Section 
53G-6-601
 is amended to read:
53G-6-601.
Definitions.
As used in this part:
(1) "Division" means the Criminal Investigations and Technical Services Division of
the Department of Public Safety, established in Section 
53-10-103
.
(2) "Missing child" has the same meaning as provided in Section [
26-2-27
] 
26B-8-130
.
(3) "State registrar" means the State Registrar of Vital Statistics within the Department
of Health 
and Human Services
.
Section 107. Section 
53G-8-802
 is amended to read:
53G-8-802.
State Safety and Support Program -- State board duties -- LEA
duties.
(1) There is created the State Safety and Support Program.
(2) The state board shall:
(a) develop in conjunction with the [
Division of Substance Abuse
] 
Office of Substance
Use
 and Mental Health model student safety and support policies for an LEA, including:
(i) evidence-based procedures for the assessment of and intervention with an individual
whose behavior poses a threat to school safety;
(ii) procedures for referrals to law enforcement; and
(iii) procedures for referrals to a community services entity, a family support
organization, or a health care provider for evaluation or treatment;
(b) provide training:
(i) in school safety;
(ii) in evidence-based approaches to improve school climate and address and correct
bullying behavior;
(iii) in evidence-based approaches in identifying an individual who may pose a threat
to the school community;
(iv) in evidence-based approaches in identifying an individual who may be showing
signs or symptoms of mental illness;
(v) on permitted disclosures of student data to law enforcement and other support
services under the Family Education Rights and Privacy Act, 20 U.S.C. Sec. 1232g;
(vi) on permitted collection of student data under 20 U.S.C. Sec. 1232h and Sections
53E-9-203
 and 
53E-9-305
; and
(vii) for administrators on rights and prohibited acts under:
(A) Chapter 9, Part 6, Bullying and Hazing;
(B) Title VI of the Civil Rights Act of 1964, 42 U.S.C. Sec. 2000d et seq.;
(C) Title IX of Education Amendments of 1972, 20 U.S.C. Sec. 1681 et seq.;
(D) Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. Sec. 701 et seq.; and
(E) the Individuals with Disabilities Education Act, 20 U.S.C. Sec. 1400 et seq.;
(c) conduct and disseminate evidence-based research on school safety concerns;
(d) disseminate information on effective school safety initiatives;
(e) encourage partnerships between public and private sectors to promote school safety;
(f) provide technical assistance to an LEA in the development and implementation of
school safety initiatives;
(g) in conjunction with the Department of Public Safety, develop and make available to
an LEA a model critical incident response training program that includes protocols for
conducting a threat assessment, and ensuring building security during an incident;
(h) provide space for the public safety liaison described in Section 
53-1-106
 and the
school-based mental health specialist described in Section [
62A-15-103
] 
26B-5-102
;
(i) create a model school climate survey that may be used by an LEA to assess
stakeholder perception of a school environment and, in accordance with Title 63G, Chapter 3,
Utah Administrative Rulemaking Act, adopt rules:
(i) requiring an LEA to:
(A) create or adopt and disseminate a school climate survey; and
(B) disseminate the school climate survey;
(ii) recommending the distribution method, survey frequency, and sample size of the
survey; and
(iii) specifying the areas of content for the school climate survey; and
(j) collect aggregate data and school climate survey results from each LEA.
(3) Nothing in this section requires an individual to respond to a school climate survey.
(4) The state board shall require an LEA to:
(a) (i) review data from the state board-facilitated surveys containing school climate
data for each school within the LEA; and
(ii) based on the review described in Subsection (4)(a)(i):
(A) revise practices, policies, and training to eliminate harassment and discrimination
in each school within the LEA;
(B) adopt a plan for harassment- and discrimination-free learning; and
(C) host outreach events or assemblies to inform students and parents of the plan
adopted under Subsection (4)(a)(ii)(B);
(b) no later than September 1 of each school year, send a notice to each student, parent,
and LEA staff member stating the LEA's commitment to maintaining a school climate that is
free of harassment and discrimination; and
(c) report to the state board:
(i) no later than August 1, 2023, on the LEA's plan adopted under Subsection
(4)(a)(ii)(B); and
(ii) after August 1, 2023, annually on the LEA's implementation of the plan and
progress.
Section 108. Section 
53G-9-211
 is amended to read:
53G-9-211.
Therapy animal handling -- Policy.
(1) As used in this section:
(a) "Animal-assisted intervention" means an intervention designed to promote
improvement in an individual's physical, social, emotional, or cognitive functioning through
interactions with a specially trained animal.
(b) "Local education agency" means a school district or charter school.
(c) (i) "Therapy animal" means an animal that:
(A) provides affection and comfort to an individual for emotional support;
(B) is accompanied by a therapy animal handler; and
(C) is trained to provide animal-assisted intervention.
(ii) "Therapy animal" does not include a service animal or support animal as those
terms are defined in Section [
62A-5b-102
] 
26B-6-801
.
(d) "Therapy animal handler" means an individual who is trained to handle a therapy
animal for animal-assisted interventions.
(2) (a) If a school within a local education agency provides animal-assisted
interventions through therapy animals, the local education agency shall adopt a policy for
proper handling of a therapy animal on school grounds.
(b) The policy described in Subsection (2)(a) shall include:
(i) local or national certification or registration requirements for a therapy animal and
therapy animal handler;
(ii) guidelines for when a therapy animal and therapy animal handler are allowed on
school grounds;
(iii) notice requirements for parents, students, and school faculty and staff regarding
the use of a therapy animal on school grounds; and
(iv) guidelines to prevent students and staff who have an animal allergy or are
uncomfortable around animals from interacting with a therapy animal on school grounds.
(3) This section does not require a school to allow the use of a therapy animal.
Section 109. 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 
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
] 
26B-4-321
.
(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
] 
26B-2-401
;
(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 110. Section 
53G-9-303
 is amended to read:
53G-9-303.
Grounds for exemption from required vaccines -- Renewal.
(1) A student is exempt from the requirement to receive a vaccine required under
Section 
53G-9-305
 if the student qualifies for a medical or personal exemption from the
vaccination under Subsection (2) or (3).
(2) A student qualifies for a medical exemption from a vaccination required under
Section 
53G-9-305
 if the student's legally responsible individual provides to the student's
school:
(a) a completed vaccination exemption form; and
(b) a written notice signed by a licensed health care provider stating that, due to the
physical condition of the student, administration of the vaccine would endanger the student's
life or health.
(3) A student qualifies for a personal exemption from a vaccination required under
Section 
53G-9-305
 if the student's legally responsible individual provides to the student's
school a completed vaccination exemption form, stating that the student is exempt from the
vaccination because of a personal or religious belief.
(4) (a) A vaccination exemption form submitted under this section is valid for as long
as the student remains at the school to which the form first is presented.
(b) If the student changes schools before the student is old enough to enroll in
kindergarten, the vaccination exemption form accepted as valid at the student's previous school
is valid until the earlier of the day on which:
(i) the student enrolls in kindergarten; or
(ii) the student turns six years old.
(c) If the student changes schools after the student is old enough to enroll in
kindergarten but before the student is eligible to enroll in grade 7, the vaccination exemption
form accepted as valid at the student's previous school is valid until the earlier of the day on
which:
(i) the student enrolls in grade 7; or
(ii) the student turns 12 years old.
(d) If the student changes schools after the student is old enough to enroll in grade 7,
the vaccination exemption form accepted as valid at the student's previous school is valid until
the student completes grade 12.
(e) Notwithstanding Subsections (4)(b) and (c), a vaccination exemption form obtained
through completion of the online education module created in Section [
26-7-9
] 
26B-7-118
 is
valid for at least two years.
(5) An LEA that offers both remote and in-person learning options may not deny a
student who is exempt from a requirement to receive a vaccine under Subsection (1) to
participate in an in-person learning option based upon the student's vaccination status.
(6) Nothing in this section restricts a state or local health department from acting under
applicable law to contain the spread of an infectious disease.
Section 111. Section 
53G-9-304
 is amended to read:
53G-9-304.
Vaccination exemption form.
(1) The department shall:
(a) develop a vaccination exemption form that includes only the following information:
(i) identifying information regarding:
(A) the student to whom an exemption applies; and
(B) the legally responsible individual who claims the exemption for the student and
signs the vaccination exemption form;
(ii) an indication regarding the vaccines to which the exemption relates;
(iii) a statement that the claimed exemption is for:
(A) a medical reason; or
(B) a personal or religious belief; and
(iv) an explanation of the requirements, in the event of an outbreak of a disease for
which a required vaccine exists, for a student who:
(A) has not received the required vaccine; and
(B) is not otherwise immune from the disease; and
(b) provide the vaccination exemption form created in this Subsection (1) to local
health departments.
(2) (a) Each local health department shall designate one or more individuals from
within the local health department as a health official to consult, regarding the requirements of
this part, with:
(i) parents, upon the request of parents;
(ii) school principals and administrators; and
(iii) licensed health care providers.
(b) A local health department may designate a licensed health care provider as a health
official designee to provide the services described in Subsection (2)(a).
(3) (a) To receive a vaccination exemption form described in Subsection (1), a legally
responsible individual shall complete the online education module described in Section
[
26-7-9
] 
26B-7-118
, permitting an individual to:
(i) complete any requirements online; and
(ii) download and print the vaccine exemption form immediately upon completion of
the requirements.
(b) A legally responsible individual may decline to take the online education module
and obtain a vaccination exemption form from a local health department if the individual:
(i) requests and receives an in-person consultation at a local health department from a
health official or a health official designee regarding the requirements of this part; and
(ii) pays any fees established under Subsection (4)(b).
(4) (a) Neither the department nor any other person may charge a fee for the exemption
form offered through the online education module in Subsection (3)(a).
(b) A local health department may establish a fee of up to $25 to cover the costs of
providing an in-person consultation.
Section 112. Section 
53G-9-402
 is amended to read:
53G-9-402.
Rules for examinations prescribed by the Department of Health and
Human Services -- Notification of impairment.
(1) (a) Each local school board shall implement policies as prescribed by the
Department of Health 
and Human Services
 for vision, dental, abnormal spinal curvature, and
hearing examinations of students attending the district's schools.
(b) Under guidelines of the Department of Health 
and Human Services
, qualified
health professionals shall provide instructions, equipment, and materials for conducting the
examinations.
(c) The policies shall include exemption provisions for students whose parents contend
the examinations violate their personal beliefs.
(2) The school shall notify, in writing, a student's parent of any impairment disclosed
by the examinations.
Section 113. Section 
53G-9-404
 is amended to read:
53G-9-404.
Public education vision screening.
(1) As used in this section:
(a) "Health care professional" means an individual licensed under:
(i) Title 58, Chapter 16a, Utah Optometry Practice Act;
(ii) Title 58, Chapter 31b, Nurse Practice Act, if the individual is licensed for the
practice of advance practice registered nursing, as defined in Section 
58-31b-102
;
(iii) Title 58, Chapter 42a, Occupational Therapy Practice Act;
(iv) Title 58, Chapter 67, Utah Medical Practice Act;
(v) Title 58, Chapter 68, Utah Osteopathic Medical Practice Act; or
(vi) Title 58, Chapter 70a, Utah Physician Assistant Act.
(b) "Qualifying child" means a child who:
(i) attends an LEA;
(ii) is at least three years old; and
(iii) is not yet 16 years old.
(c) "Tier one vision screening" means a lower-level evaluation of an individual's
vision, as determined by Department of Health 
and Human Services
 rule.
(d) "Tier two vision screening" means an individual, higher-level evaluation of an
individual's vision, as determined by Department of Health 
and Human Services
 rule.
(2) The Department of Health 
and Human Services
 shall oversee public education
vision screening, as described in this section.
(3) A child who is less than nine years old and has not yet attended public school in the
state shall, before attending a public school in the state, provide:
(a) a completed vision screening form, described in Subsection (5)(a)(i), that is signed
by a health care professional; or
(b) a written statement signed by a parent that the child will not be screened before
attending public school in the state.
(4) The Department of Health 
and Human Services
 shall prepare and provide:
(a) training for a school nurse who supervises an LEA tier one vision screening clinic;
and
(b) an online training module for a potential volunteer for an LEA tier one vision
screening clinic.
(5) (a) The Department of Health 
and Human Services
 shall provide a template for:
(i) a form for use by a health care professional under Subsection (3)(a) to certify that a
child has received an adequate vision screening; and
(ii) a referral form used for the referral and follow up of a qualifying child after a tier
one or tier two vision screening.
(b) A template described in Subsection (5)(a) shall include the following statement: "A
screening is not a substitute for a complete eye exam and vision evaluation by an eye doctor."
(6) The Department of Health 
and Human Services
 shall make rules to:
(a) generally provide for and require the administration of tier one vision screening in
accordance with this section, including an opt-out process;
(b) describe standards and procedures for tier one vision screening, including referral
and follow up protocols and reporting a student's significant vision impairment results to the
Utah Schools for the Deaf and the Blind;
(c) outline the qualifications of and parameters for the use of an outside entity to
supervise an LEA tier one vision screening clinic when an LEA does not have a school nurse to
supervise an LEA tier one vision screening clinic;
(d) determine when a potential volunteer at an LEA tier one vision screening clinic has
a conflict of interest, including if the potential volunteer could profit financially from
volunteering;
(e) determine the regularity of tier one vision screening in order to ensure that a
qualifying child receives tier one vision screening at particular intervals; and
(f) provide for tier two vision screening for a qualifying child, including:
(i) in coordination with the state board, determining mandatory and optional tier two
vision screening for a qualifying child;
(ii) identification of and training for an individual who provides tier two vision
screening;
(iii) (A) the creation of a symptoms questionnaire that includes questions for a
nonprofessionally trained individual to identify an eye focusing or tracking problem as well as
convergence insufficiency of a qualifying child; and
(B) protocol on how to administer the symptoms questionnaire in coordination with
tier two vision screening;
(iv) general standards, procedures, referral, and follow up protocol; and
(v) aggregate reporting requirements.
(7) (a) In accordance with Department of Health 
and Human Services
 oversight and
rule and Subsection (7)(b), an LEA shall conduct free tier one vision screening clinics for all
qualifying children who attend the LEA or a school within the LEA.
(b) If the parent of a qualifying child requests that the qualifying child not participate in
a tier one or tier two vision screening, an LEA may not require the qualifying child to receive
the tier one or tier two vision screening.
(8) (a) Except as provided in Subsection (8)(b), a school nurse shall supervise an LEA
tier one vision screening clinic as well as provide referral and followup services.
(b) If an LEA does not have a school nurse to supervise an LEA tier one vision
screening clinic, an LEA may, in accordance with Department of Health 
and Human Services
rule, use an outside entity to supervise an LEA tier one vision screening clinic.
(9) (a) An LEA shall ensure that a volunteer who assists with an LEA tier one vision
screening clinic:
(i) (A) is trained by a school nurse; or
(B) demonstrates successful completion of the training module described in Subsection
(4)(b);
(ii) complies with the requirements of Subsection (9)(c); and
(iii) is supervised by a school nurse or, in accordance with Subsection (8)(b), an
outside entity.
(b) In accordance with Department of Health 
and Human Services
 rule, an LEA may
exclude a person from volunteering at an LEA tier one vision screening clinic if the person has
a conflict of interest, including if the person could profit financially from volunteering.
(c) A volunteer who assists with an LEA tier one vision screening clinic may not
market, advertise, or promote a business in connection with assisting at the LEA tier one vision
screening clinic.
(d) A volunteer who assists with an LEA tier one vision screening clinic is not liable
for damages that result from an act or omission related to the LEA tier one vision screening
clinic, if the act or omission is not willful or grossly negligent.
Section 114. Section 
53G-9-502
 is amended to read:
53G-9-502.
Administration of medication to students -- Prerequisites -- Immunity
from liability -- Applicability.
(1) A public or private school that holds any classes in grades kindergarten through 12
may provide for the administration of medication to any student during periods when the
student is under the control of the school, subject to the following conditions:
(a) the local school board, charter school governing board, or the private equivalent,
after consultation with the Department of Health 
and Human Services
 and school nurses shall
adopt policies that provide for:
(i) the designation of volunteer employees who may administer medication;
(ii) proper identification and safekeeping of medication;
(iii) the training of designated volunteer employees by the school nurse;
(iv) maintenance of records of administration; and
(v) notification to the school nurse of medication that will be administered to students;
and
(b) medication may only be administered to a student if:
(i) the student's parent has provided a current written and signed request that
medication be administered during regular school hours to the student; and
(ii) the student's licensed health care provider has prescribed the medication and
provides documentation as to the method, amount, and time schedule for administration, and a
statement that administration of medication by school employees during periods when the
student is under the control of the school is medically necessary.
(2) Authorization for administration of medication by school personnel may be
withdrawn by the school at any time following actual notice to the student's parent.
(3) School personnel who provide assistance under Subsection (1) in substantial
compliance with the licensed health care provider's written prescription and the employers of
these school personnel are not liable, civilly or criminally, for:
(a) any adverse reaction suffered by the student as a result of taking the medication;
and
(b) discontinuing the administration of the medication under Subsection (2).
(4) Subsections (1) through (3) do not apply to:
(a) the administration of glucagon in accordance with Section 
53G-9-504
;
(b) the administration of a seizure rescue medication in accordance with Section
53G-9-505
; or
(c) the administration of an opiate antagonist in accordance with [
Title 26, Chapter 55,
Opiate Overdose Response Act
] 
Title 26B, Chapter 4, Part 5, Treatment Access
. 
Section 115. Section 
53G-9-702
 is amended to read:
53G-9-702.
Youth suicide prevention programs -- State board to develop model
programs.
(1) As used in the section:
(a) "Elementary grades" means:
(i) kindergarten through grade 5; and
(ii) if the associated middle or junior high school does not include grade 6, grade 6.
(b) "Intervention" means an effort to prevent a student from attempting suicide.
(c) "Postvention" means mental health intervention after a suicide attempt or death to
prevent or contain contagion.
(d) "Program" means a youth suicide prevention program described in Subsection (2).
(e) "Public education suicide prevention coordinator" means an individual designated
by the state board as described in Subsection (4).
(f) "Secondary grades" means:
(i) grades 7 through 12; and
(ii) if a middle or junior high school includes grade 6, grade 6.
(g) "State suicide prevention coordinator" means the state suicide prevention
coordinator described in Section [
62A-15-1101
] 
26B-5-611
.
(2) In collaboration with the public education suicide prevention coordinator, a school
district or charter school shall implement a youth suicide prevention program, which, in
collaboration with the training, programs, and initiatives described in Section 
53G-9-607
, shall
include programs and training to address:
(a) for elementary grades and secondary grades:
(i) life-affirming education, including on the concepts of resiliency, healthy habits,
self-care, problem solving, and conflict resolution;
(ii) methods of strengthening the family; and
(iii) methods of strengthening a youth's relationships in the school and community; and
(b) for secondary grades:
(i) prevention of youth suicide;
(ii) decreasing the risk of suicide among youth who are:
(A) not accepted by family for any reason, including lesbian, gay, bisexual,
transgender, or questioning youth; or
(B) suffer from bullying;
(iii) youth suicide intervention; and
(iv) postvention for family, students, and faculty.
(3) Each school district and charter school shall ensure that the youth suicide
prevention program described in Subsection (2):
(a) considers appropriate coordination with the following prevention programs:
(i) the prevention of bullying and cyber-bullying, as those terms are defined in Section
53G-9-601
; and
(ii) the prevention of underage drinking of alcohol and substance abuse under Section
53G-10-406
; and
(b) includes provisions to ensure that the school district or charter school promptly
communicates with the parent or guardian of a student in accordance with Section 
53G-9-604
.
(4) The state board shall:
(a) designate a public education suicide prevention coordinator; and
(b) in collaboration with the Department of Health 
and Human Services
 and the state
suicide prevention coordinator, develop model programs to provide to school districts and
charter schools:
(i) program training; and
(ii) resources regarding the required components described in Subsections (2)(a) and
(b).
(5) The public education suicide prevention coordinator shall:
(a) oversee the youth suicide prevention programs of school districts and charter
schools; and
(b) coordinate prevention and postvention programs, services, and efforts with the state
suicide prevention coordinator.
(6) A public school suicide prevention program may allow school personnel to ask a
student questions related to youth suicide prevention, intervention, or postvention.
(7) (a) Subject to legislative appropriation, the state board may distribute money to a
school district or charter school to be used to implement evidence-based practices and
programs, or emerging best practices and programs, for preventing suicide in the school district
or charter school.
(b) The state board shall ensure that an LEA's allocation of funds from the board's
distribution of money under Subsection (7)(a) provides an amount equal to at least $1,000 per
school.
(c) (i) A school shall use money allocated to the school under Subsection (7)(b) to
implement evidence-based practices and programs, or emerging best practices and programs,
for preventing suicide.
(ii) Each school may select the evidence-based practices and programs, or emerging
best practices and programs, for preventing suicide that the school implements.
(8) An LEA may not charge indirect costs to the program.
Section 116. Section 
58-1-112
 is amended to read:
58-1-112.
Data collection.
(1) As used in this section:
(a) "Council" means the Utah Health Workforce Advisory Council created in Section
[
26-69-201
] 
26B-1-425
.
(b) "Information center" means the Utah Health Workforce Information Center created
in Section [
26-69-301
] 
26B-4-705
.
(2) (a) In accordance with Subsection [
26-69-301
(2)(a)
] 
26B-4-705
(2)(a)
, the
department shall work with the information center to identify relevant data pertaining to a
profession described in Subsection (3).
(b) The data should focus on:
(i) identifying workforce shortages;
(ii) identifying labor market indicators;
(iii) determining the educational background of a licensee; and
(iv) determining whether Utah is retaining a stable health workforce.
(c) After the council approves data to be collected, the department shall request the
data from a licensee when a licensee applies for a license or renews the licensee's license.
(d) The department shall send the obtained data to the information center.
(e) A licensee may not be denied a license for failing to provide the data described in
Subsection (2)(c) to the department.
(3) (a) The department shall prioritize data collection for each profession licensed
under:
(i) Chapter 31b, Nurse Practice Act;
(ii) Chapter 60, Mental Health Professional Practice Act;
(iii) Chapter 61, Psychologist Licensing Act;
(iv) Chapter 67, Utah Medical Practice Act;
(v) Chapter 68, Utah Osteopathic Medical Practice Act;
(vi) Chapter 69, Dentist and Dental Hygienist Practice Act; or
(vii) Chapter 70a, Utah Physician Assistant Act.
(b) After the department has collected data for each profession described in Subsection
(3)(a), the department shall collect data for each profession licensed under:
(i) Chapter 5a, Podiatric Physician Licensing Act;
(ii) Chapter 17b, Pharmacy Practice Act;
(iii) Chapter 24b, Physical Therapy Practice Act;
(iv) Chapter 40, Recreational Therapy Practice Act;
(v) Chapter 41, Speech-Language Pathology and Audiology Licensing Act;
(vi) Chapter 42a, Occupational Therapy Practice Act;
(vii) Chapter 44a, Nurse Midwife Practice Act;
(viii) Chapter 54, Radiologic Technologist, Radiologist Assistant, and Radiology
Practical Technician Licensing Act; or
(ix) Chapter 57, Respiratory Care Practices Act.
(c) The department shall collect data in accordance with this section for any
health-related occupation or profession that is regulated by the department and is not described
in Subsection (3)(a) or (b) if:
(i) funding is available;
(ii) the council has identified a need for the data; and
(iii) data has been collected for each profession described in Subsections (3)(a) and
(3)(b).
Section 117. Section 
58-1-307
 is amended to read:
58-1-307.
Exemptions from licensure.
(1) Except as otherwise provided by statute or rule, the following individuals may
engage in the practice of their occupation or profession, subject to the stated circumstances and
limitations, without being licensed under this title:
(a) an individual serving in the armed forces of the United States, the United States
Public Health Service, the United States Department of Veterans Affairs, or other federal
agencies while engaged in activities regulated under this chapter as a part of employment with
that federal agency if the individual holds a valid license to practice a regulated occupation or
profession issued by any other state or jurisdiction recognized by the division;
(b) a student engaged in activities constituting the practice of a regulated occupation or
profession while in training in a recognized school approved by the division to the extent the
activities are supervised by qualified faculty, staff, or designee and the activities are a defined
part of the training program;
(c) an individual engaged in an internship, residency, preceptorship, postceptorship,
fellowship, apprenticeship, or on-the-job training program approved by the division while
under the supervision of qualified individuals;
(d) an individual residing in another state and licensed to practice a regulated
occupation or profession in that state, who is called in for a consultation by an individual
licensed in this state, and the services provided are limited to that consultation;
(e) an individual who is invited by a recognized school, association, society, or other
body approved by the division to conduct a lecture, clinic, or demonstration of the practice of a
regulated occupation or profession if the individual does not establish a place of business or
regularly engage in the practice of the regulated occupation or profession in this state;
(f) an individual licensed under the laws of this state, other than under this title, to
practice or engage in an occupation or profession, while engaged in the lawful, professional,
and competent practice of that occupation or profession;
(g) an individual licensed in a health care profession in another state who performs that
profession while attending to the immediate needs of a patient for a reasonable period during
which the patient is being transported from outside of this state, into this state, or through this
state;
(h) an individual licensed in another state or country who is in this state temporarily to
attend to the needs of an athletic team or group, except that the practitioner may only attend to
the needs of the athletic team or group, including all individuals who travel with the team or
group in any capacity except as a spectator;
(i) an individual licensed and in good standing in another state, who is in this state:
(i) temporarily, under the invitation and control of a sponsoring entity;
(ii) for a reason associated with a special purpose event, based upon needs that may
exceed the ability of this state to address through its licensees, as determined by the division;
and
(iii) for a limited period of time not to exceed the duration of that event, together with
any necessary preparatory and conclusionary periods; and
(j) the spouse of an individual serving in the armed forces of the United States while
the individual is stationed within this state, provided:
(i) the spouse holds a valid license to practice a regulated occupation or profession
issued by any other state or jurisdiction recognized by the division; and
(ii) the license is current and the spouse is in good standing in the state of licensure.
(2) (a) A practitioner temporarily in this state who is exempted from licensure under
Subsection (1) shall comply with each requirement of the licensing jurisdiction from which the
practitioner derives authority to practice.
(b) Violation of a limitation imposed by this section constitutes grounds for removal of
exempt status, denial of license, or other disciplinary proceedings.
(3) An individual who is licensed under a specific chapter of this title to practice or
engage in an occupation or profession may engage in the lawful, professional, and competent
practice of that occupation or profession without additional licensure under other chapters of
this title, except as otherwise provided by this title.
(4) Upon the declaration of a national, state, or local emergency, a public health
emergency as defined in Section [
26-23b-102
] 
26B-7-301
, or a declaration by the president of
the United States or other federal official requesting public health-related activities, the
division in collaboration with the relevant board may:
(a) suspend the requirements for permanent or temporary licensure of individuals who
are licensed in another state for the duration of the emergency while engaged in the scope of
practice for which they are licensed in the other state;
(b) modify, under the circumstances described in this Subsection (4) and Subsection
(5), the scope of practice restrictions under this title for individuals who are licensed under this
title as:
(i) a physician under Chapter 67, Utah Medical Practice Act, or Chapter 68, Utah
Osteopathic Medical Practice Act;
(ii) a nurse under Chapter 31b, Nurse Practice Act, or Chapter 31e, Nurse Licensure
Compact - Revised;
(iii) a certified nurse midwife under Chapter 44a, Nurse Midwife Practice Act;
(iv) a pharmacist, pharmacy technician, or pharmacy intern under Chapter 17b,
Pharmacy Practice Act;
(v) a respiratory therapist under Chapter 57, Respiratory Care Practices Act;
(vi) a dentist and dental hygienist under Chapter 69, Dentist and Dental Hygienist
Practice Act; and
(vii) a physician assistant under Chapter 70a, Utah Physician Assistant Act;
(c) suspend the requirements for licensure under this title and modify the scope of
practice in the circumstances described in this Subsection (4) and Subsection (5) for medical
services personnel or paramedics required to be licensed under Section [
26-8a-302
] 
26B-4-116
;
(d) suspend requirements in Subsections 
58-17b-620
(3) through (6) which require
certain prescriptive procedures;
(e) exempt or modify the requirement for licensure of an individual who is activated as
a member of a medical reserve corps during a time of emergency as provided in Section
26A-1-126
;
(f) exempt or modify the requirement for licensure of an individual who is registered as
a volunteer health practitioner as provided in [
Title 26, Chapter 49, Uniform Emergency
Volunteer Health Practitioners Act
] 
Title 26B, Chapter 4, Part 8, Uniform Emergency
Volunteer Health Practitioners Act
; and
(g) in accordance with rules made by the division in accordance with Title 63G,
Chapter 3, Utah Administrative Rulemaking Act, exempt or modify the requirements for
licensure of an individual engaged in one or more of the construction trades described in
Chapter 55, Utah Construction Trades Licensing Act.
(5) Individuals exempt under Subsection (4)(c) and individuals operating under
modified scope of practice provisions under Subsection (4)(b):
(a) are exempt from licensure or subject to modified scope of practice for the duration
of the emergency;
(b) must be engaged in the distribution of medicines or medical devices in response to
the emergency or declaration; and
(c) must be employed by or volunteering for:
(i) a local or state department of health; or
(ii) a host entity as defined in Section [
26-49-102
] 
26B-4-801
.
(6) In accordance with the protocols established under Subsection (8), upon the
declaration of a national, state, or local emergency, the Department of Health 
and Human
Services
 or a local health department shall coordinate with public safety authorities as defined
in Subsection [
26-23b-110
(1)
] 
26B-7-323
(1)
 and may:
(a) use a vaccine, antiviral, antibiotic, or other prescription medication that is not a
controlled substance to prevent or treat a disease or condition that gave rise to, or was a
consequence of, the emergency; or
(b) distribute a vaccine, antiviral, antibiotic, or other prescription medication that is not
a controlled substance:
(i) if necessary, to replenish a commercial pharmacy in the event that the commercial
pharmacy's normal source of the vaccine, antiviral, antibiotic, or other prescription medication
is exhausted; or
(ii) for dispensing or direct administration to treat the disease or condition that gave
rise to, or was a consequence of, the emergency by:
(A) a pharmacy;
(B) a prescribing practitioner;
(C) a licensed health care facility;
(D) a federally qualified community health clinic; or
(E) a governmental entity for use by a community more than 50 miles from a person
described in Subsections (6)(b)(ii)(A) through (D).
(7) In accordance with protocols established under Subsection (8), upon the declaration
of a national, state, or local emergency, the Department of Health 
and Human Services
 shall
coordinate the distribution of medications:
(a) received from the strategic national stockpile to local health departments; and
(b) from local health departments to emergency personnel within the local health
departments' geographic region.
(8) The Department of Health 
and Human Services
 shall establish by rule, made in
accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, protocols for
administering, dispensing, and distributing a vaccine, an antiviral, an antibiotic, or other
prescription medication that is not a controlled substance in the event of a declaration of a
national, state, or local emergency. The protocol shall establish procedures for the Department
of Health 
and Human Services
 or a local health department to:
(a) coordinate the distribution of:
(i) a vaccine, an antiviral, an antibiotic, or other prescription medication that is not a
controlled substance received by the Department of Health 
and Human Services
 from the
strategic national stockpile to local health departments; and
(ii) a vaccine, an antiviral, an antibiotic, or other non-controlled prescription
medication received by a local health department to emergency personnel within the local
health department's geographic region;
(b) authorize the dispensing, administration, or distribution of a vaccine, an antiviral,
an antibiotic, or other prescription medication that is not a controlled substance to the contact
of a patient without a patient-practitioner relationship, if the contact's condition is the same as
that of the physician's or physician assistant's patient; and
(c) authorize the administration, distribution, or dispensing of a vaccine, an antiviral,
an antibiotic, or other non-controlled prescription medication to an individual who:
(i) is working in a triage situation;
(ii) is receiving preventative or medical treatment in a triage situation;
(iii) does not have coverage for the prescription in the individual's health insurance
plan;
(iv) is involved in the delivery of medical or other emergency services in response to
the declared national, state, or local emergency; or
(v) otherwise has a direct impact on public health.
(9) The Department of Health 
and Human Services
 shall give notice to the division
upon implementation of the protocol established under Subsection (8).
Section 118. Section 
58-1-312
 is amended to read:
58-1-312.
Organ donation notification.
(1) As used in this section:
(a) "Donor" means the same as that term is defined in Section [
26-28-102
] 
26B-8-301
.
(b) "Donor registry" means the same as that term is defined in Section [
26-28-102
]
26B-8-301
.
(2) At the same time the division issues a new license to a licensee in accordance with
Subsection 
58-1-301
(4), and at the same time the division notifies a licensee that the licensee's
license is due for renewal in accordance with Subsection 
58-1-308
(3)(a), the division shall
distribute to the licensee, by email using the most recent email address furnished to the division
by the licensee, a message notifying the licensee of the option to register as a donor and
providing the licensee an Internet link to a website for a donor registry established under
Section [
26-28-120
] 
26B-8-319
.
Section 119. Section 
58-1-405
 is amended to read:
58-1-405.
Provisions of volunteer health or veterinary services -- Division
authority.
In accordance with Section [
26-49-205
] 
26B-4-807
, the division may pursue actions
against a volunteer health practitioner operating under [
Title 26, Chapter 49, Uniform
Emergency Volunteer Health Practitioners Act
] 
Title 26B, Chapter 4, Part 8, Uniform
Emergency Volunteer Health Practitioners Act
.
Section 120. Section 
58-1-501.5
 is amended to read:
58-1-501.5.
Anatomic pathology services -- Billing violations.
(1) As used in this section, the following definitions apply:
(a) (i) "Anatomic pathology services" including "technical or professional component
of anatomic pathology services" means:
(A) histopathology or surgical pathology, meaning the gross examination of, histologic
processing of, or microscopic examination of human organ tissue performed by a physician or
under the supervision of a physician;
(B) cytopathology, meaning the examination of human cells, from fluids, aspirates,
washings, brushings, or smears, including the pap test examination performed by a physician or
under the supervision of a physician;
(C) hematology, meaning the microscopic evaluation of human bone marrow aspirates
and biopsies performed by a physician or under the supervision of a physician and peripheral
human blood smears when the attending or treating physician or other practitioner of the
healing arts or a technologist requests that a blood smear be reviewed by a pathologist;
(D) subcellular pathology and molecular pathology; and
(E) blood bank services performed by a pathologist.
(ii) "Anatomic pathology services" including "technical or professional component of
anatomic pathology services" does not include the initial collection or packaging of a sample
for transport.
(b) "Clinical laboratory" or "laboratory" means a facility for the biological,
microbiological, serological, chemical, immunohematological, hematological, biophysical,
cytological, pathological, or other examination of materials derived from the human body for
the purpose of providing information for the diagnosis, prevention, or treatment of any disease
or impairment of human beings or the assessment of the health of human beings.
(c) "Health care facility" has the meaning provided in Section [
26-21-2
] 
26B-2-201
.
(d) "Health care provider" includes:
(i) an advanced practice registered nurse licensed under Chapter 31b, Nurse Practice
Act;
(ii) a chiropractic physician licensed under Chapter 73, Chiropractic Physician Practice
Act;
(iii) a dentist licensed under Chapter 69, Dentist and Dental Hygienist Practice Act;
(iv) a nurse midwife licensed under Chapter 44a, Nurse Midwife Practice Act;
(v) an optometrist licensed under Chapter 16a, Utah Optometry Practice Act;
(vi) an osteopathic physician and surgeon licensed under Chapter 68, Utah Osteopathic
Medical Practice Act;
(vii) a podiatric physician licensed under Chapter 5a, Podiatric Physician Licensing
Act;
(viii) a physician and surgeon licensed under Chapter 67, Utah Medical Practice Act;
and
(ix) a physician assistant licensed under Chapter 70a, Utah Physician Assistant Act.
(e) "Insurer" includes:
(i) any entity offering accident and health insurance as defined in Section 
31A-1-301
;
(ii) workers' compensation benefits;
(iii) a health maintenance organization; or
(iv) any self-insurance, as defined in Section 
31A-1-301
, that offers health care
insurance or benefits.
(2) (a) A health care provider who orders anatomic pathology services for a patient
from an independent physician or laboratory may not directly or indirectly mark up, charge a
commission, or make a profit on the anatomic pathology service provided by the independent
physician or laboratory.
(b) Nothing in Subsection (2)(a):
(i) restricts the ability of a health care provider, who has not performed or supervised
either the technical or professional component of the anatomic pathology service, to obtain
payment for services related solely to the collection and packaging of a sample and
administrative billing costs; or
(ii) restricts the ability of the lab function in the Department of Health 
and Human
Services
 to bill for services.
(3) A health care provider when billing a patient directly for anatomic pathology
services provided by an independent physician or laboratory shall furnish an itemized bill
which conforms with the billing practices of the American Medical Association that
conspicuously discloses the charge for each anatomic pathology service, physician or
laboratory name, and address for each anatomic pathology service rendered to the patient by the
physician or laboratory that performed the anatomic pathology service.
(4) The disclosure to be made under Subsection (3) shall not be required when the
anatomic pathology service is being ordered by a hospital, a laboratory performing either the
professional or technical component of the service, or a physician performing either the
professional or technical component of the service, a public health clinic, or a state or federal
agency.
(5) Failure to comply with the requirements of this section shall be considered to be
unprofessional conduct.
Section 121. Section 
58-1-501.7
 is amended to read:
58-1-501.7.
Standards of conduct for prescription drug education -- Academic
and commercial detailing.
(1) For purposes of this section:
(a) "Academic detailing":
(i) means a health care provider who is licensed under this title to prescribe or dispense
a prescription drug and employed by someone other than a pharmaceutical manufacturer:
(A) for the purpose of countering information provided in commercial detailing; and
(B) to disseminate educational information about prescription drugs to other health
care providers in an effort to better align clinical practice with scientific research; and
(ii) does not include a health care provider who:
(A) is disseminating educational information about a prescription drug as part of
teaching or supervising students or graduate medical education students at an institution of
higher education or through a medical residency program;
(B) is disseminating educational information about a prescription drug to a patient or a
patient's representative; or
(C) is acting within the scope of practice for the health care provider regarding the
prescribing or dispensing of a prescription drug.
(b) "Commercial detailing" means an educational practice employed by a
pharmaceutical manufacturer in which clinical information and evidence about a prescription
drug is shared with health care professionals.
(c) "Manufacture" is as defined in Section 
58-37-2
.
(d) "Pharmaceutical manufacturer" is a person who manufactures a prescription drug.
(2) (a) Except as provided in Subsection (3), the provisions of this section apply to an
academic detailer beginning July 1, 2013.
(b) An academic detailer and a commercial detailer who educate another health care
provider about prescription drugs through written or oral educational material is subject to
federal regulations regarding:
(i) false and misleading advertising in 21 C.F.R., Part 201 (2007);
(ii) prescription drug advertising in 21 C.F.R., Part 202 (2007); and
(iii) the federal Office of the Inspector General's Compliance Program Guidance for
Pharmaceutical Manufacturers issued in April 2003, as amended.
(c) A person who is injured by a violation of this section has a private right of action
against a person engaged in academic detailing, if:
(i) the actions of the person engaged in academic detailing, that are a violation of this
section, are:
(A) the result of gross negligence by the person; or
(B) willful and wanton behavior by the person; and
(ii) the damages to the person are reasonable, foreseeable, and proximately caused by
the violations of this section.
(3) (a) For purposes of this Subsection, "accident and health insurance":
(i) means the same as that term is defined in Section 
31A-1-301
; and
(ii) includes a self-funded health benefit plan and an administrator for a self-funded
health benefit plan.
(b) This section does not apply to a person who engages in academic detailing if that
person is engaged in academic detailing on behalf of:
(i) a person who provides accident and health insurance, including when the person
who provides accident and health insurance contracts with or offers:
(A) the state Medicaid program, including the Primary Care Network within the state's
Medicaid program;
(B) the Children's Health Insurance Program created in Section [
26-40-103
]
26B-3-902
;
(C) a Medicare plan; or
(D) a Medicare supplement plan;
(ii) a hospital as defined in Section [
26-21-2
] 
26B-2-201
;
(iii) any class of pharmacy as defined in Section 
58-17b-102
, including any affiliated
pharmacies;
(iv) an integrated health system as defined in Section 
13-5b-102
; or
(v) a medical clinic.
(c) This section does not apply to communicating or disseminating information about a
prescription drug for the purpose of conducting research using prescription drugs at a health
care facility as defined in Section [
26-21-2
] 
26B-2-201
, or a medical clinic.
Section 122. Section 
58-1-509
 is amended to read:
58-1-509.
Patient consent for certain medical examinations.
(1) As used in this section:
(a) "Health care provider" means:
(i) an individual who is:
(A) a healthcare provider as defined in Section 
78B-3-403
; and
(B) licensed under this title;
(ii) emergency medical service personnel as defined in Section [
26-8a-102
] 
26B-4-101
;
or
(iii) an individual described in Subsection 
58-1-307
(1)(b) or (c).
(b) "Patient examination" means a medical examination that requires contact with the
patient's sexual organs.
(2) A health care provider may not perform a patient examination on an anesthetized or
unconscious patient unless:
(a) the health care provider obtains consent from the patient or the patient's
representative in accordance with Subsection (3);
(b) a court orders performance of the patient examination for the collection of
evidence;
(c) the performance of the patient examination is within the scope of care for a
procedure or diagnostic examination scheduled to be performed on the patient; or
(d) the patient examination is immediately necessary for diagnosis or treatment of the
patient.
(3) To obtain consent to perform a patient examination on an anesthetized or
unconscious patient, before performing the patient examination, the health care provider shall:
(a) provide the patient or the patient's representative with a written or electronic
document that:
(i) is provided separately from any other notice or agreement;
(ii) contains the following heading at the top of the document in not smaller than
18-point bold face type: "CONSENT FOR EXAMINATION OF PELVIC REGION";
(iii) specifies the nature and purpose of the patient examination;
(iv) names one or more primary health care providers whom the patient or the patient's
representative may authorize to perform the patient examination;
(v) states whether there may be a student or resident that the patient or the patient's
representative authorizes to:
(A) perform an additional patient examination; or
(B) observe or otherwise be present at the patient examination, either in person or
through electronic means; and
(vi) provides the patient or the patient's representative with a series of check boxes that
allow the patient or the patient's representative to:
(A) consent to the patient examination for diagnosis or treatment and an additional
patient examination performed by a student or resident for an educational or training purpose;
(B) consent to the patient examination only for diagnosis or treatment; or
(C) refuse to consent to the patient examination;
(b) obtain the signature of the patient or the patient's representative on the written or
electronic document while witnessed by a third party; and
(c) sign the written or electronic document.
Section 123. Section 
58-4a-102
 is amended to read:
58-4a-102.
Definitions.
As used in this chapter:
(1) "Diversion agreement" means a written agreement entered into by a licensee and
the division that describes the requirements of the licensee's monitoring regimen and that was
entered into before May 12, 2020.
(2) "Licensee" means an individual licensed to practice under:
(a) Title 58, Chapter 5a, Podiatric Physician Licensing Act;
(b) Title 58, Chapter 17b, Pharmacy Practice Act;
(c) Title 58, Chapter 28, Veterinary Practice Act;
(d) Title 58, Chapter 31b, Nurse Practice Act;
(e) Title 58, Chapter 67, Utah Medical Practice Act;
(f) Title 58, Chapter 68, Utah Osteopathic Medical Practice Act;
(g) Title 58, Chapter 69, Dentist and Dental Hygienist Practice Act; or
(h) Title 58, Chapter 70a, Utah Physician Assistant Act.
(3) "Program" means the Utah Professionals Health Program.
(4) "Program contract" means a written agreement entered into by a licensee and the
division that allows the licensee to participate in the program.
(5) "Substance use disorder" means the same as that term is defined in Section
[
62A-15-1202
] 
26B-5-501
.
Section 124. Section 
58-5a-102
 is amended to read:
58-5a-102.
Definitions.
In addition to the definitions under Section 
58-1-102
, as used in this chapter:
(1) "Board" means the Podiatric Physician Board created in Section 
58-5a-201
.
(2) "Indirect supervision" means the same as that term is defined by the division by
rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
(3) "Medical assistant" means an unlicensed individual working under the indirect
supervision of a licensed podiatric physician and engaging in specific tasks assigned by the
licensed podiatric physician in accordance with the standards and ethics of the podiatry
profession.
(4) "Practice of podiatry" means the diagnosis and treatment of conditions affecting the
human foot and ankle and their manifestations of systemic conditions by all appropriate and
lawful means, subject to Section 
58-5a-103
.
(5) "Unlawful conduct" includes:
(a) the conduct that constitutes unlawful conduct under Section 
58-1-501
; and
(b) for an individual who is not licensed under this chapter:
(i) using the title or name podiatric physician, podiatrist, podiatric surgeon, foot doctor,
foot specialist, or D.P.M.; or
(ii) implying or representing that the individual is qualified to practice podiatry.
(6) (a) "Unprofessional conduct" includes, for an individual licensed under this
chapter:
(i) the conduct that constitutes unprofessional conduct under Section 
58-1-501
;
(ii) communicating to a third party, without the consent of the patient, information the
individual acquires in treating the patient, except as necessary for professional consultation
regarding treatment of the patient;
(iii) allowing the individual's name or license to be used by an individual who is not
licensed to practice podiatry under this chapter;
(iv) except as described in Section 
58-5a-306
, employing, directly or indirectly, any
unlicensed individual to practice podiatry;
(v) using alcohol or drugs, to the extent the individual's use of alcohol or drugs impairs
the individual's ability to practice podiatry;
(vi) unlawfully prescribing, selling, or giving away any prescription drug, including
controlled substances, as defined in Section 
58-37-2
;
(vii) gross incompetency in the practice of podiatry;
(viii) willfully and intentionally making a false statement or entry in hospital records,
medical records, or reports;
(ix) willfully making a false statement in reports or claim forms to governmental
agencies or insurance companies with the intent to secure payment not rightfully due;
(x) willfully using false or fraudulent advertising;
(xi) conduct the division defines as unprofessional conduct by rule made in accordance
with Title 63G, Chapter 3, Utah Administrative Rulemaking Act;
(xii) falsely making an entry in, or altering, a medical record with the intent to conceal:
(A) a wrongful or negligent act or omission of an individual licensed under this chapter
or an individual under the direction or control of an individual licensed under this chapter; or
(B) conduct described in Subsections (6)(a)(i) through (xi) or Subsection 
58-1-501
(1);
or
(xiii) violating the requirements of [
Title 26, Chapter 61a, Utah Medical Cannabis Act
]
Title 26B, Chapter 4, Part 2, Cannabinoid Research and Medical Cannabis
.
(b) "Unprofessional conduct" does not include, in accordance with [
Title 26, Chapter
61a, Utah Medical Cannabis Act
] 
Title 26B, Chapter 4, Part 2, Cannabinoid Research and
Medical Cannabis
, when registered as a qualified medical provider or acting as a limited
medical provider, as those terms are defined in Section [
26-61a-102
] 
26B-4-201
,
recommending the use of medical cannabis within the scope of a practice of podiatry.
Section 125. Section 
58-5a-103
 is amended to read:
58-5a-103.
Scope of practice.
(1) Subject to the provisions of this section, an individual licensed as a podiatric
physician under this chapter may perform a surgical procedure on a bone of the foot or ankle.
(2) Except as provided in Subsections (3) and (4), an individual licensed as a podiatric
physician under this chapter may not perform:
(a) an ankle fusion;
(b) a massive ankle reconstruction; or
(c) a reduction of a trimalleolar ankle fracture.
(3) An individual licensed as a podiatric physician under this chapter who meets the
requirements described in Subsection (4) may only:
(a) treat a fracture of the tibia if at least one portion of the fracture line enters the ankle
joint;
(b) treat a foot or ankle condition using hardware, including screws, plates, staples,
pins, and wires, if at least one portion of the hardware system is attached to a bony structure at
or below the ankle mortise; and
(c) place hardware for the treatment of soft tissues in the foot or ankle no more
proximal than the distal 10 centimeters of the tibia.
(4) Subject to Subsection (3), an individual licensed as a podiatric physician under this
chapter may only perform a procedure described in Subsection (2) if the individual:
(a) (i) graduated on or after June 1, 2006, from a three-year residency program in
podiatric medicine and surgery that was accredited, at the time of graduation, by the Council on
Podiatric Medical Education; and
(ii) is board certified in reconstructive rearfoot and ankle surgery by the American
Board of Foot and Ankle Surgery;
(b) (i) graduated on or after June 1, 2006, from a three-year residency program in
podiatric medicine and surgery that was accredited, at the time of graduation, by the Council on
Podiatric Medical Education;
(ii) is board qualified in reconstructive rearfoot ankle surgery by the American Board
of Foot and Ankle Surgery; and
(iii) provides the division documentation that the podiatric physician has completed
training or experience, which the division determines is acceptable, in standard or advanced
rearfoot and ankle procedures; or
(c) (i) graduated before June 1, 2006, from a residency program in podiatric medicine
and surgery that was at least two years in length and that was accredited, at the time of
graduation, by the Council on Podiatric Medical Education;
(ii) (A) is board certified in reconstructive rearfoot ankle surgery by the American
Board of Foot and Ankle Surgery;
(B) if the residency described in Subsection (4)(c)(i) is a PSR-24 24-month podiatric
surgical residency, provides proof that the individual completed the residency, to a hospital that
is accredited by the Joint Commission, and meets the hospital's credentialing criteria for foot
and ankle surgery; or
(C) in addition to the residency described in Subsection (4)(c)(i), has completed a
fellowship in foot and ankle surgery that was accredited by the Council on Podiatric Medical
Education at the time of completion; and
(iii) provides the division documentation that the podiatric physician has completed
training and experience, which the division determines is acceptable, in standard or advanced
rearfoot and ankle procedures.
(5) An individual licensed as a podiatric physician under this chapter may not perform
an amputation proximal to Chopart's joint.
(6) An individual licensed as a podiatric physician under this chapter may not perform
a surgical treatment on an ankle, on a governing structure of the foot or ankle above the ankle,
or on a structure related to the foot or ankle above the ankle, unless the individual performs the
surgical treatment:
(a) in an ambulatory surgical facility, a general acute hospital, or a specialty hospital, as
defined in Section [
26-21-2
] 
26B-2-201
; and
(b) subject to review by a quality care review body that includes qualified, licensed
physicians and surgeons.
Section 126. Section 
58-9-610
 is amended to read:
58-9-610.
Cremation procedures.
(1) A funeral service establishment may not cremate human remains until the funeral
service establishment:
(a) completes and files a death certificate with the office of vital statistics and the
county health department as indicated on the regular medical certificate of death or the
coroner's certificate; and
(b) complies with the provisions of Section [
26-4-29
] 
26B-8-230
.
(2) (a) A funeral service establishment may not cremate human remains with a
pacemaker or other battery-powered, potentially hazardous implant in place.
(b) (i) An authorizing agent for the cremation of human remains is responsible for
informing the funeral service establishment in writing on the cremation authorization form
about the presence of a pacemaker or other battery-powered, potentially hazardous implant in
the human remains to be cremated.
(ii) (A) Except as provided in Subsection (2)(b)(ii)(B), the authorizing agent is
responsible to ensure that a pacemaker or other battery-powered, potentially hazardous implant
is removed prior to cremation.
(B) If the authorizing agent informs the funeral service establishment of the presence of
a pacemaker or other battery-powered, potentially hazardous implant under Subsection
(2)(b)(i), and the funeral service establishment fails to have the pacemaker or other
battery-powered, potentially hazardous implant removed prior to cremation, then the funeral
service establishment is liable for all resulting damages.
(3) Only authorized persons are permitted in the crematory while human remains are in
the crematory area awaiting cremation, being cremated, or being removed from the cremation
chamber.
(4) (a) Simultaneous cremation of the human remains of more than one person within
the same cremation chamber or processor is not allowed, unless the funeral service
establishment has received specific written authorization to do so from the authorizing agent of
each person to be cremated.
(b) The written authorization, described in Subsection (4)(a), exempts the funeral
license establishment from liability for co-mingling of the cremated remains during the
cremation process.
(5) A funeral service establishment shall:
(a) verify the identification of human remains as indicated on a cremation container
immediately before placing the human remains in the cremation chamber;
(b) attach a metal identification tag to the cremation container;
(c) remove the identification tag from the cremation container; and
(d) place the identification tag near the cremation chamber control where the
identification tag shall remain until the cremation process is complete.
(6) Upon completion of a cremation, the funeral service establishment shall:
(a) in so far as is possible, remove all of the recoverable residue of the cremation
process from the cremation chamber;
(b) separate all other residue from the cremation process from remaining bone
fragments, in so far as possible, and process the bone fragments so as to reduce them to
unidentifiable particles; and
(c) remove anything other than the unidentifiable bone particles from the cremated
residuals, as far as is possible, and dispose of that material.
(7) (a) A funeral service establishment shall pack cremated remains, including the
identification tag described in Subsection (5), in a temporary container or urn ordered by the
authorizing agent.
(b) The container or urn shall be packed in clean packing materials and not be
contaminated with any other object, unless otherwise directed by the authorizing agent.
(c) If the cremated remains cannot fit within the designated temporary container or urn,
the funeral service establishment shall:
(i) return the excess to the authorizing agent or the agent's representative in a separate
container; and
(ii) mark both containers or urns on the outside with the name of the deceased person
and an indication that the cremated remains of the named decedent are in both containers or
urns.
(8) (a) If the cremated remains are to be shipped, then the funeral services
establishment shall pack the designated temporary container or urn in a suitable, sturdy
container.
(b) The funeral service establishment shall have the remains shipped only by a method
that:
(i) has an available internal tracing system; and
(ii) provides a receipt signed by the person accepting delivery.
Section 127. Section 
58-9-616
 is amended to read:
58-9-616.
Procedure for alkaline hydrolysis.
(1) A funeral service establishment may not perform alkaline hydrolysis on human
remains until the funeral service establishment:
(a) completes and files a death certificate with the Office of Vital 
Records and
Statistics and the county health department as indicated on the regular medical certificate of
death or the coroner's certificate; and
(b) complies with the provisions of Section [
26-4-29
] 
26B-8-230
.
(2) While human remains are in the area where alkaline hydrolysis takes place, both
before and during the alkaline hydrolysis process and while being removed from the alkaline
hydrolysis chamber, only authorized persons are permitted in the area.
(3) Simultaneous alkaline hydrolysis of the human remains of more than one person
within the same alkaline hydrolysis chamber is not allowed.
(4) A funeral service establishment shall:
(a) verify the identification of human remains as indicated on an alkaline hydrolysis
container immediately before performing alkaline hydrolysis;
(b) attach an identification tag to the alkaline hydrolysis container;
(c) remove the identification tag from the alkaline hydrolysis container; and
(d) place the identification tag near the alkaline hydrolysis chamber where the
identification tag shall remain until the alkaline hydrolysis process is complete.
(5) Upon completion of the alkaline hydrolysis process, the funeral service
establishment shall:
(a) dispose of liquid remains in accordance with state and local requirements;
(b) to the extent possible, remove all of the recoverable residue of the remains of the
alkaline hydrolysis process from the alkaline hydrolysis chamber;
(c) separate all other residue from the alkaline hydrolysis process from remaining bone
fragments, to the extent possible, and process the bone fragments so as to reduce them to
unidentifiable particles; and
(d) remove anything other than the unidentifiable bone particles from the remains of
the alkaline hydrolysis process, to the extent possible, and dispose of that material.
(6) (a) A funeral service establishment shall pack the remains of the alkaline hydrolysis
process, which consist of the unidentifiable bone particles and the identification tag described
in Subsection (4), in an urn or temporary container ordered by the authorizing agent.
(b) The urn or temporary container shall be packed in clean packing materials and not
be contaminated with any other object, unless otherwise directed by the authorizing agent.
(c) If the remains of the alkaline hydrolysis process cannot fit within the designated urn
or temporary container, the funeral service establishment shall:
(i) return the excess remains to the authorizing agent or the agent's representative in a
separate urn or temporary container; and
(ii) mark both urns or temporary containers on the outside with the name of the
decedent and an indication that the remains of the named decedent are in both urns or
temporary containers.
(7) (a) If the remains are to be shipped, the funeral service establishment shall pack the
designated temporary container or urn in a suitable, sturdy container.
(b) The funeral service establishment shall have the remains shipped only by a method
that:
(i) has an available tracking system; and
(ii) provides a receipt signed by the person accepting delivery.
Section 128. Section 
58-11a-501
 is amended to read:
58-11a-501.
Unprofessional conduct.
Unprofessional conduct includes:
(1) failing as a licensed school to obtain or maintain accreditation as required by rule;
(2) failing as a licensed school to comply with the standards of accreditation applicable
to such schools;
(3) failing as a licensed school to provide adequate instruction to enrolled students;
(4) failing as an apprentice supervisor to provide direct supervision to the apprentice;
(5) failing as an instructor to provide direct supervision to students who are providing
services to an individual under the instructor's supervision;
(6) failing as an apprentice supervisor to comply with division rules relating to
apprenticeship programs under this chapter;
(7) keeping a salon or school, its furnishing, tools, utensils, linen, or appliances in an
unsanitary condition;
(8) failing to comply with [
Title 26, Utah Health Code
] 
Title 26B, Utah Health and
Human Services Code
;
(9) failing to display licenses or certificates as required under Section 
58-11a-305
;
(10) failing to comply with physical facility requirements established by rule;
(11) failing to maintain mechanical or electrical equipment in safe operating condition;
(12) failing to adequately monitor patrons using steam rooms, dry heat rooms, baths,
showers, or saunas;
(13) prescribing or administering prescription drugs;
(14) failing to comply with all applicable state and local health or sanitation laws;
(15) engaging in any act or practice in a professional capacity that is outside the
applicable scope of practice;
(16) engaging in any act or practice in a professional capacity which the licensee is not
competent to perform through education or training;
(17) in connection with the use of a chemical exfoliant, unless under the supervision of
a licensed health care practitioner acting within the scope of his or her license:
(a) using any acid, concentration of an acid, or combination of treatments which
violates the standards established by rule;
(b) removing any layer of skin deeper than the stratum corneum of the epidermis; or
(c) using an exfoliant that contains phenol, TCA acid of over 15%, or BCA acid;
(18) in connection with the sanding of the skin, unless under the supervision of a
licensed health care practitioner acting within the scope of his or her license, removing any
layer of skin deeper than the stratum corneum of the epidermis;
(19) using as a barber, cosmetologist/barber, or nail technician any laser procedure or
intense, pulsed light source, except that nothing in this chapter precludes an individual licensed
under this chapter from using a nonprescriptive laser device; or
(20) failing to comply with a judgment order from a court of competent jurisdiction
resulting from the failure to pay outstanding tuition or education costs incurred to comply with
this chapter.
Section 129. Section 
58-13-2
 is amended to read:
58-13-2.
Emergency care rendered by licensee.
(1) A person licensed under Title 58, Occupations and Professions, to practice as any
of the following health care professionals, who is under no legal duty to respond, and who in
good faith renders emergency care at the scene of an emergency gratuitously and in good faith,
is not liable for any civil damages as a result of any acts or omissions by the person in
rendering the emergency care:
(a) osteopathic physician;
(b) physician and surgeon;
(c) naturopathic physician;
(d) dentist or dental hygienist;
(e) chiropractic physician;
(f) physician assistant;
(g) optometrist;
(h) nurse licensed under Section 
58-31b-301
 or 
58-31d-102
;
(i) podiatrist;
(j) certified nurse midwife;
(k) respiratory care practitioner;
(l) pharmacist, pharmacy technician, and pharmacy intern;
(m) direct-entry midwife licensed under Section 
58-77-301
;
(n) veterinarian; or
(o) acupuncturist licensed under Chapter 72, Acupuncture Licensing Act.
(2) This Subsection (2) applies to a health care professional:
(a) (i) described in Subsection (1); and
(ii) who is under no legal duty to respond to the circumstances described in Subsection
(3);
(b) who is:
(i) (A) activated as a member of a medical reserve corps as described in Section
26A-1-126
 during the time of an emergency or declaration for public health related activities as
provided in Subsection 
26A-1-126
(2); or
(B) participating in training to prepare the medical reserve corps to respond to a
declaration of an emergency or request for public health related activities pursuant to
Subsection 
26A-1-126
(2);
(ii) acting within the scope of:
(A) the health care professional's license; or
(B) practice as modified under Subsection 
58-1-307
(4) or Section 
26A-1-126
; and
(iii) acting in good faith without compensation or remuneration as defined in
Subsection 
58-13-3
(2); or
(c) who is acting as a volunteer health practitioner under [
Title 26, Chapter 49,
Uniform Emergency Volunteer Health Practitioners Act
] 
Title 26B, Chapter 4, Part 8, Uniform
Emergency Volunteer Health Practitioners Act
.
(3) A health care professional described in Subsection (2) is not liable for any civil
damages as a result of any acts or omissions by the health care professional in rendering care as
a result of:
(a) implementation of measures to control the causes of epidemic and communicable
diseases and other conditions significantly affecting the public health or necessary to protect
the public health as set out in Title 26A, Chapter 1, Local Health Departments;
(b) investigating and controlling suspected bioterrorism and disease as set out in [
Title
26, Chapter 23b, Detection of Public Health Emergencies Act
] 
Title 26B, Chapter 7, Part 4,
Treatment, Isolation, and Quarantine Procedures for Communicable Diseases
; and
(c) responding to a national, state, or local emergency, a public health emergency as
defined in Section [
26-23b-102
] 
26B-7-301
, or a declaration by the President of the United
States or other federal official requesting public health-related activities.
(4) The immunity in Subsection (3) is in addition to any immunity or protection in state
or federal law that may apply.
(5) For purposes of Subsection (2)(b)(iii) remuneration does not include:
(a) food supplied to the volunteer;
(b) clothing supplied to the volunteer to help identify the volunteer during the time of
the emergency; or
(c) other similar support for the volunteer.
Section 130. Section 
58-13-2.6
 is amended to read:
58-13-2.6.
Emergency care rendered by a person or health care facility.
(1) For purposes of this section:
(a) "Emergency" means an unexpected occurrence involving injury, the threat of injury,
or illness to a person or the public due to:
(i) a natural disaster;
(ii) bioterrorism;
(iii) an act of terrorism;
(iv) a pandemic; or
(v) other event of similar nature.
(b) "Emergency care" includes actual assistance or advice offered to avoid, mitigate, or
attempt to mitigate the effects of an emergency.
(c) "Person" [
is
] 
means the same as that term is
 defined in Subsection [
26-21-2
(18)
]
26B-2-201
(18)
.
(2) (a) A person who, in good faith, assists governmental agencies or political
subdivisions with the activities described in Subsection (2)(b) is not liable for civil damages or
penalties as a result of any act or omission unless the person rendering the assistance:
(i) is grossly negligent;
(ii) caused the emergency; or
(iii) has engaged in criminal conduct.
(b) The following activities are protected from liability in accordance with Subsection
(2)(a):
(i) implementing measures to control the causes of epidemic, pandemic, communicable
diseases, or other conditions significantly affecting public health, as necessary to protect the
public health in accordance with Title 26A, Chapter 1, Local Health Departments;
(ii) investigating, controlling, and treating suspected bioterrorism or disease in
accordance with [
Title 26, Chapter 23b, Detection of Public Health Emergencies Act
] 
Title
26B, Chapter 7, Part 4, Treatment, Isolation, and Quarantine Procedures for Communicable
Diseases
;
(iii) responding to:
(A) a national, state, or local emergency;
(B) a public health emergency as defined in Section [
26-23b-102
] 
26B-7-301
; or
(C) a declaration by the President of the United States or other federal official
requesting public health related activities; and
(iv) providing a facility for use by a governmental agency or political subdivision to
distribute pharmaceuticals or administer vaccines to the public.
(c) Subsection (2)(a) applies to a person even if that person has:
(i) a duty to respond; or
(ii) an expectation of payment or remuneration.
(3) The immunity in Subsection (2) is in addition to any immunity protections that may
apply in state or federal law.
Section 131. Section 
58-13-3
 is amended to read:
58-13-3.
Qualified immunity -- Health professionals -- Charity care.
(1) (a) (i) The Legislature finds many residents of this state do not receive medical care
and preventive health care because they lack health insurance or because of financial
difficulties or cost.
(ii) The Legislature also finds that many physicians, charity health care facilities, and
other health care professionals in this state would be willing to volunteer medical and allied
services without compensation if they were not subject to the high exposure of liability
connected with providing these services.
(b) The Legislature therefore declares that its intention in enacting this section is to
encourage the provision of uncompensated volunteer charity health care in exchange for a
limitation on liability for the health care facilities and health care professionals who provide
those volunteer services.
(2) As used in this section:
(a) "Continuing education requirement" means the requirement for hours of continuing
education, established by the division, with which a health care professional must comply to
renew the health care professional's license under the applicable chapter described in
Subsection (2)(c).
(b) "Health care facility" means any clinic or hospital, church, or organization whose
primary purpose is to sponsor, promote, or organize uncompensated health care services for
people unable to pay for health care services.
(c) "Health care professional" means a person licensed under:
(i) Chapter 5a, Podiatric Physician Licensing Act;
(ii) Chapter 16a, Utah Optometry Practice Act;
(iii) Chapter 17b, Pharmacy Practice Act;
(iv) Chapter 24b, Physical Therapy Practice Act;
(v) Chapter 31b, Nurse Practice Act;
(vi) Chapter 40, Recreational Therapy Practice Act;
(vii) Chapter 41, Speech-Language Pathology and Audiology Licensing Act;
(viii) Chapter 42a, Occupational Therapy Practice Act;
(ix) Chapter 44a, Nurse Midwife Practice Act;
(x) Chapter 49, Dietitian Certification Act;
(xi) Chapter 60, Mental Health Professional Practice Act;
(xii) Chapter 67, Utah Medical Practice Act;
(xiii) Chapter 68, Utah Osteopathic Medical Practice Act;
(xiv) Chapter 69, Dentist and Dental Hygienist Practice Act;
(xv) Chapter 70a, Utah Physician Assistant Act;
(xvi) Chapter 71, Naturopathic Physician Practice Act;
(xvii) Chapter 72, Acupuncture Licensing Act; and
(xviii) Chapter 73, Chiropractic Physician Practice Act.
(d) "Remuneration or compensation":
(i) (A) means direct or indirect receipt of any payment by a health care professional or
health care facility on behalf of the patient, including payment or reimbursement under
Medicare or Medicaid, or under the state program for the medically indigent on behalf of the
patient; and
(B) compensation, salary, or reimbursement to the health care professional from any
source for the health care professional's services or time in volunteering to provide
uncompensated health care; and
(ii) does not mean:
(A) any grant or donation to the health care facility used to offset direct costs
associated with providing the uncompensated health care such as:
(I) medical supplies;
(II) drugs; or
(III) a charitable donation that is restricted for charitable services at the health care
facility; or
(B) incidental reimbursements to the volunteer such as:
(I) food supplied to the volunteer;
(II) clothing supplied to the volunteer to help identify the volunteer during the time of
volunteer services;
(III) mileage reimbursement to the volunteer; or
(IV) other similar support to the volunteer.
(3) A health care professional who provides health care treatment at or on behalf of a
health care facility is not liable in a medical malpractice action if:
(a) the treatment was within the scope of the health care professional's license under
this title;
(b) neither the health care professional nor the health care facility received
compensation or remuneration for the treatment;
(c) the acts or omissions of the health care professional were not grossly negligent or
willful and wanton; and
(d) prior to rendering services:
(i) the health care professional disclosed in writing to the patient, or if a minor, to the
patient's parent or legal guardian, that the health care professional is providing the services
without receiving remuneration or compensation; and
(ii) the patient consented in writing to waive any right to sue for professional
negligence except for acts or omissions which are grossly negligent or are willful and wanton.
(4) A health care facility which sponsors, promotes, or organizes the uncompensated
care is not liable in a medical malpractice action for acts and omissions if:
(a) the health care facility meets the requirements in Subsection (3)(b);
(b) the acts and omissions of the health care facility were not grossly negligent or
willful and wanton; and
(c) the health care facility has posted, in a conspicuous place, a notice that in
accordance with this section the health care facility is not liable for any civil damages for acts
or omissions except for those acts or omissions that are grossly negligent or are willful and
wanton.
(5) A health care professional who provides health care treatment at a federally
qualified health center, as defined in Subsection 1905(1)(2)(b) of the Social Security Act, or an
Indian health clinic or Urban Indian Health Center, as defined in Title V of the Indian Health
Care Improvement Act, is not liable in a medical malpractice action if:
(a) the treatment was within the scope of the health care professional's license under
this title;
(b) the health care professional:
(i) does not receive compensation or remuneration for treatment provided to any
patient that the provider treats at the federally qualified health center, the Indian health clinic,
or the Urban Indian Health Center; and
(ii) is not eligible to be included in coverage under the Federal Tort Claims Act for the
treatment provided at the federally qualified health center, the Indian health clinic, or the Urban
Indian Health Center;
(c) the acts or omissions of the health care professional were not grossly negligent or
willful and wanton; and
(d) prior to rendering services:
(i) the health care professional disclosed in writing to the patient, or if a minor, to the
patient's parent or legal guardian, that the health care professional is providing the services
without receiving remuneration or compensation; and
(ii) the patient consented in writing to waive any right to sue for professional
negligence except for acts or omissions that are grossly negligent or are willful and wanton.
(6) Immunity from liability under this section does not extend to the use of general
anesthesia or care that requires an overnight stay in a general acute or specialty hospital
licensed under [
Title 26, Chapter 21, Health Care Facility Licensing and Inspection Act
] 
Title
26B, Chapter 2, Part 2, Health Care Facility Licensing and Inspection
.
(7) The provisions of Subsection (5) apply to treatment provided by a healthcare
professional on or after May 13, 2014.
(8) A health care professional:
(a) may, in accordance with Subsection (8)(b), fulfill up to 15% of the health care
professional's continuing education requirement with hours the health care professional spends
providing health care treatment described in Subsection (3) or (5); and
(b) subject to Subsection (8)(a), earns one hour of the health care professional's
continuing education requirement for every four documented hours of volunteer health care
treatment.
Section 132. Section 
58-13-5
 is amended to read:
58-13-5.
Information relating to adequacy and quality of medical care --
Immunity from liability.
(1) As used in this section, "health care provider" has the same meaning as defined in
Section 
78B-3-403
.
(2) (a) The division, and the boards within the division that act regarding the health
care providers defined in this section, shall adopt rules to establish procedures to obtain
information concerning the quality and adequacy of health care rendered to patients by those
health care providers.
(b) It is the duty of an individual licensed under Title 58, Occupations and Professions,
as a health care provider to furnish information known to him with respect to health care
rendered to patients by any health care provider licensed under Title 58, Occupations and
Professions, as the division or a board may request during the course of the performance of its
duties.
(3) A health care facility as defined in Section [
26-21-2
] 
26B-2-201
 which employs,
grants privileges to, or otherwise permits a licensed health care provider to engage in licensed
practice within the health care facility, and any professional society of licensed health care
providers, shall report any of the following events in writing to the division within 60 days
after the event occurs regarding the licensed health care provider:
(a) terminating employment of an employee for cause related to the employee's practice
as a licensed health care provider;
(b) terminating or restricting privileges for cause to engage in any act or practice
related to practice as a licensed health care provider;
(c) terminating, suspending, or restricting membership or privileges associated with
membership in a professional association for acts of unprofessional, unlawful, incompetent, or
negligent conduct related to practice as a licensed health care provider;
(d) subjecting a licensed health care provider to disciplinary action for a period of more
than 30 days;
(e) a finding that a licensed health care provider has violated professional standards or
ethics;
(f) a finding of incompetence in practice as a licensed health care provider;
(g) a finding of acts of moral turpitude by a licensed health care provider; or
(h) a finding that a licensed health care provider is engaged in abuse of alcohol or
drugs.
(4) This section does not prohibit any action by a health care facility, or professional
society comprised primarily of licensed health care providers to suspend, restrict, or revoke the
employment, privileges, or membership of a health care provider.
(5) The data and information obtained in accordance with this section is classified as a
"protected" record under Title 63G, Chapter 2, Government Records Access and Management
Act.
(6) (a) Any person or organization furnishing information in accordance with this
section in response to the request of the division or a board, or voluntarily, is immune from
liability with respect to information provided in good faith and without malice, which good
faith and lack of malice is presumed to exist absent clear and convincing evidence to the
contrary.
(b) The members of the board are immune from liability for any decisions made or
actions taken in response to information acquired by the board if those decisions or actions are
made in good faith and without malice, which good faith and lack of malice is presumed to
exist absent clear and convincing evidence to the contrary.
(7) An individual who is a member of a hospital administration, board, committee,
department, medical staff, or professional organization of health care providers, and any
hospital, other health care entity, or professional organization conducting or sponsoring the
review, is immune from liability arising from participation in a review of a health care
provider's professional ethics, medical competence, moral turpitude, or substance abuse.
(8) This section does not exempt a person licensed under Title 58, Occupations and
Professions, from complying with any reporting requirements established under state or federal
law.
Section 133. Section 
58-15-303
 is amended to read:
58-15-303.
Exemptions to chapter.
(1) In addition to the exemptions described in Section 
58-1-307
, this chapter does not
apply to:
(a) a facility of a recognized church or denomination that cares for the sick and
suffering by mental or spiritual means if no drug or material remedy is used in the care
provided; or
(b) the superintendent of the Utah State Developmental Center described in Section
[
62A-5-201
] 
26B-6-502
.
(2) Any facility or person exempted under this section shall comply with each statute
and rule on sanitation and life safety.
Section 134. Section 
58-17b-102
 is amended to read:
58-17b-102.
Definitions.
In addition to the definitions in Section 
58-1-102
, as used in this chapter:
(1) "Administering" means:
(a) the direct application of a prescription drug or device, whether by injection,
inhalation, ingestion, or by any other means, to the body of a human patient or research subject
by another person; or
(b) the placement by a veterinarian with the owner or caretaker of an animal or group
of animals of a prescription drug for the purpose of injection, inhalation, ingestion, or any other
means directed to the body of the animal by the owner or caretaker in accordance with written
or verbal directions of the veterinarian.
(2) "Adulterated drug or device" means a drug or device considered adulterated under
21 U.S.C. Sec. 351 (2003).
(3) (a) "Analytical laboratory" means a facility in possession of prescription drugs for
the purpose of analysis.
(b) "Analytical laboratory" does not include a laboratory possessing prescription drugs
used as standards and controls in performing drug monitoring or drug screening analysis if the
prescription drugs are prediluted in a human or animal body fluid, human or animal body fluid
components, organic solvents, or inorganic buffers at a concentration not exceeding one
milligram per milliliter when labeled or otherwise designated as being for in vitro diagnostic
use.
(4) "Animal euthanasia agency" means an agency performing euthanasia on animals by
the use of prescription drugs.
(5) "Automated pharmacy systems" includes mechanical systems which perform
operations or activities, other than compounding or administration, relative to the storage,
packaging, dispensing, or distribution of medications, and which collect, control, and maintain
all transaction information.
(6) "Beyond use date" means the date determined by a pharmacist and placed on a
prescription label at the time of dispensing that indicates to the patient or caregiver a time
beyond which the contents of the prescription are not recommended to be used.
(7) "Board of pharmacy" or "board" means the Utah State Board of Pharmacy created
in Section 
58-17b-201
.
(8) "Branch pharmacy" means a pharmacy or other facility in a rural or medically
underserved area, used for the storage and dispensing of prescription drugs, which is dependent
upon, stocked by, and supervised by a pharmacist in another licensed pharmacy designated and
approved by the division as the parent pharmacy.
(9) "Centralized prescription processing" means the processing by a pharmacy of a
request from another pharmacy to fill or refill a prescription drug order or to perform
processing functions such as dispensing, drug utilization review, claims adjudication, refill
authorizations, and therapeutic interventions.
(10) "Class A pharmacy" means a pharmacy located in Utah that is authorized as a
retail pharmacy to compound or dispense a drug or dispense a device to the public under a
prescription order.
(11) "Class B pharmacy":
(a) means a pharmacy located in Utah:
(i) that is authorized to provide pharmaceutical care for patients in an institutional
setting; and
(ii) whose primary purpose is to provide a physical environment for patients to obtain
health care services; and
(b) (i) includes closed-door, hospital, clinic, nuclear, and branch pharmacies; and
(ii) pharmaceutical administration and sterile product preparation facilities.
(12) "Class C pharmacy" means a pharmacy that engages in the manufacture,
production, wholesale, or distribution of drugs or devices in Utah.
(13) "Class D pharmacy" means a nonresident pharmacy.
(14) "Class E pharmacy" means all other pharmacies.
(15) (a) "Closed-door pharmacy" means a pharmacy that:
(i) provides pharmaceutical care to a defined and exclusive group of patients who have
access to the services of the pharmacy because they are treated by or have an affiliation with a
specific entity, including a health maintenance organization or an infusion company; or
(ii) engages exclusively in the practice of telepharmacy and does not serve walk-in
retail customers.
(b) "Closed-door pharmacy" does not include a hospital pharmacy, a retailer of goods
to the general public, or the office of a practitioner.
(16) "Collaborative pharmacy practice" means a practice of pharmacy whereby one or
more pharmacists have jointly agreed, on a voluntary basis, to work in conjunction with one or
more practitioners under protocol whereby the pharmacist may perform certain pharmaceutical
care functions authorized by the practitioner or practitioners under certain specified conditions
or limitations.
(17) "Collaborative pharmacy practice agreement" means a written and signed
agreement between one or more pharmacists and one or more practitioners that provides for
collaborative pharmacy practice for the purpose of drug therapy management of patients and
prevention of disease of human subjects.
(18) (a) "Compounding" means the preparation, mixing, assembling, packaging, or
labeling of a limited quantity drug, sterile product, or device:
(i) as the result of a practitioner's prescription order or initiative based on the
practitioner, patient, or pharmacist relationship in the course of professional practice;
(ii) for the purpose of, or as an incident to, research, teaching, or chemical analysis and
not for sale or dispensing; or
(iii) in anticipation of prescription drug orders based on routine, regularly observed
prescribing patterns.
(b) "Compounding" does not include:
(i) the preparation of prescription drugs by a pharmacist or pharmacy intern for sale to
another pharmacist or pharmaceutical facility;
(ii) the preparation by a pharmacist or pharmacy intern of any prescription drug in a
dosage form which is regularly and commonly available from a manufacturer in quantities and
strengths prescribed by a practitioner; or
(iii) the preparation of a prescription drug, sterile product, or device which has been
withdrawn from the market for safety reasons.
(19) "Confidential information" has the same meaning as "protected health
information" under the Standards for Privacy of Individually Identifiable Health Information,
45 C.F.R. Parts 160 and 164.
(20) "Controlled substance" means the same as that term is defined in Section 
58-37-2
.
(21) "Dietary supplement" has the same meaning as Public Law Title 103, Chapter
417, Sec. 3a(ff) which is incorporated by reference.
(22) "Dispense" means the interpretation, evaluation, and implementation of a
prescription drug order or device or nonprescription drug or device under a lawful order of a
practitioner in a suitable container appropriately labeled for subsequent administration to or use
by a patient, research subject, or an animal.
(23) "Dispensing medical practitioner" means an individual who is:
(a) currently licensed as:
(i) a physician and surgeon under Chapter 67, Utah Medical Practice Act;
(ii) an osteopathic physician and surgeon under Chapter 68, Utah Osteopathic Medical
Practice Act;
(iii) a physician assistant under Chapter 70a, Utah Physician Assistant Act;
(iv) a nurse practitioner under Chapter 31b, Nurse Practice Act; or
(v) an optometrist under Chapter 16a, Utah Optometry Practice Act, if the optometrist
is acting within the scope of practice for an optometrist; and
(b) licensed by the division under the Pharmacy Practice Act to engage in the practice
of a dispensing medical practitioner.
(24) "Dispensing medical practitioner clinic pharmacy" means a closed-door pharmacy
located within a licensed dispensing medical practitioner's place of practice.
(25) "Distribute" means to deliver a drug or device other than by administering or
dispensing.
(26) (a) "Drug" means:
(i) a substance recognized in the official United States Pharmacopoeia, official
Homeopathic Pharmacopoeia of the United States, or official National Formulary, or any
supplement to any of them, intended for use in the diagnosis, cure, mitigation, treatment, or
prevention of disease in humans or animals;
(ii) a substance that is required by any applicable federal or state law or rule to be
dispensed by prescription only or is restricted to administration by practitioners only;
(iii) a substance other than food intended to affect the structure or any function of the
body of humans or other animals; and
(iv) substances intended for use as a component of any substance specified in
Subsections (26)(a)(i), (ii), (iii), and (iv).
(b) "Drug" does not include dietary supplements.
(27) "Drug regimen review" includes the following activities:
(a) evaluation of the prescription drug order and patient record for:
(i) known allergies;
(ii) rational therapy-contraindications;
(iii) reasonable dose and route of administration; and
(iv) reasonable directions for use;
(b) evaluation of the prescription drug order and patient record for duplication of
therapy;
(c) evaluation of the prescription drug order and patient record for the following
interactions:
(i) drug-drug;
(ii) drug-food;
(iii) drug-disease; and
(iv) adverse drug reactions; and
(d) evaluation of the prescription drug order and patient record for proper utilization,
including over- or under-utilization, and optimum therapeutic outcomes.
(28) "Drug sample" means a prescription drug packaged in small quantities consistent
with limited dosage therapy of the particular drug, which is marked "sample", is not intended to
be sold, and is intended to be provided to practitioners for the immediate needs of patients for
trial purposes or to provide the drug to the patient until a prescription can be filled by the
patient.
(29) "Electronic signature" means a trusted, verifiable, and secure electronic sound,
symbol, or process attached to or logically associated with a record and executed or adopted by
a person with the intent to sign the record.
(30) "Electronic transmission" means transmission of information in electronic form or
the transmission of the exact visual image of a document by way of electronic equipment.
(31) "Hospital pharmacy" means a pharmacy providing pharmaceutical care to
inpatients of a general acute hospital or specialty hospital licensed by the Department of Health
and Human Services
 under [
Title 26, Chapter 21, Health Care Facility Licensing and Inspection
Act
] 
Title 26B, Chapter 2, Part 2, Health Care Facility Licensing and Inspection
.
(32) "Legend drug" has the same meaning as prescription drug.
(33) "Licensed pharmacy technician" means an individual licensed with the division,
that may, under the supervision of a pharmacist, perform the activities involved in the
technician practice of pharmacy.
(34) "Manufacturer" means a person or business physically located in Utah licensed to
be engaged in the manufacturing of drugs or devices.
(35) (a) "Manufacturing" means:
(i) the production, preparation, propagation, conversion, or processing of a drug or
device, either directly or indirectly, by extraction from substances of natural origin or
independently by means of chemical or biological synthesis, or by a combination of extraction
and chemical synthesis, and includes any packaging or repackaging of the substance or labeling
or relabeling of its container; and
(ii) the promotion and marketing of such drugs or devices.
(b) "Manufacturing" includes the preparation and promotion of commercially available
products from bulk compounds for resale by pharmacies, practitioners, or other persons.
(c) "Manufacturing" does not include the preparation or compounding of a drug by a
pharmacist, pharmacy intern, or practitioner for that individual's own use or the preparation,
compounding, packaging, labeling of a drug, or incident to research, teaching, or chemical
analysis.
(36) "Medical order" means a lawful order of a practitioner which may include a
prescription drug order.
(37) "Medication profile" or "profile" means a record system maintained as to drugs or
devices prescribed for a pharmacy patient to enable a pharmacist or pharmacy intern to analyze
the profile to provide pharmaceutical care.
(38) "Misbranded drug or device" means a drug or device considered misbranded under
21 U.S.C. Sec. 352 (2003).
(39) (a) "Nonprescription drug" means a drug which:
(i) may be sold without a prescription; and
(ii) is labeled for use by the consumer in accordance with federal law.
(b) "Nonprescription drug" includes homeopathic remedies.
(40) "Nonresident pharmacy" means a pharmacy located outside of Utah that sells to a
person in Utah.
(41) "Nuclear pharmacy" means a pharmacy providing radio-pharmaceutical service.
(42) "Out-of-state mail service pharmacy" means a pharmaceutical facility located
outside the state that is licensed and in good standing in another state, that:
(a) ships, mails, or delivers by any lawful means a dispensed legend drug to a patient in
this state pursuant to a lawfully issued prescription;
(b) provides information to a patient in this state on drugs or devices which may
include, but is not limited to, advice relating to therapeutic values, potential hazards, and uses;
or
(c) counsels pharmacy patients residing in this state concerning adverse and therapeutic
effects of drugs.
(43) "Patient counseling" means the written and oral communication by the pharmacist
or pharmacy intern of information, to the patient or caregiver, in order to ensure proper use of
drugs, devices, and dietary supplements.
(44) "Pharmaceutical administration facility" means a facility, agency, or institution in
which:
(a) prescription drugs or devices are held, stored, or are otherwise under the control of
the facility or agency for administration to patients of that facility or agency;
(b) prescription drugs are dispensed to the facility or agency by a licensed pharmacist
or pharmacy intern with whom the facility has established a prescription drug supervising
relationship under which the pharmacist or pharmacy intern provides counseling to the facility
or agency staff as required, and oversees drug control, accounting, and destruction; and
(c) prescription drugs are professionally administered in accordance with the order of a
practitioner by an employee or agent of the facility or agency.
(45) (a) "Pharmaceutical care" means carrying out the following in collaboration with a
prescribing practitioner, and in accordance with division rule:
(i) designing, implementing, and monitoring a therapeutic drug plan intended to
achieve favorable outcomes related to a specific patient for the purpose of curing or preventing
the patient's disease;
(ii) eliminating or reducing a patient's symptoms; or
(iii) arresting or slowing a disease process.
(b) "Pharmaceutical care" does not include prescribing of drugs without consent of a
prescribing practitioner.
(46) "Pharmaceutical facility" means a business engaged in the dispensing, delivering,
distributing, manufacturing, or wholesaling of prescription drugs or devices within or into this
state.
(47) (a) "Pharmaceutical wholesaler or distributor" means a pharmaceutical facility
engaged in the business of wholesale vending or selling of a prescription drug or device to
other than a consumer or user of the prescription drug or device that the pharmaceutical facility
has not produced, manufactured, compounded, or dispensed.
(b) "Pharmaceutical wholesaler or distributor" does not include a pharmaceutical
facility carrying out the following business activities:
(i) intracompany sales;
(ii) the sale, purchase, or trade of a prescription drug or device, or an offer to sell,
purchase, or trade a prescription drug or device, if the activity is carried out between one or
more of the following entities under common ownership or common administrative control, as
defined by division rule:
(A) hospitals;
(B) pharmacies;
(C) chain pharmacy warehouses, as defined by division rule; or
(D) other health care entities, as defined by division rule;
(iii) the sale, purchase, or trade of a prescription drug or device, or an offer to sell,
purchase, or trade a prescription drug or device, for emergency medical reasons, including
supplying another pharmaceutical facility with a limited quantity of a drug, if:
(A) the facility is unable to obtain the drug through a normal distribution channel in
sufficient time to eliminate the risk of harm to a patient that would result from a delay in
obtaining the drug; and
(B) the quantity of the drug does not exceed an amount reasonably required for
immediate dispensing to eliminate the risk of harm;
(iv) the distribution of a prescription drug or device as a sample by representatives of a
manufacturer; and
(v) the distribution of prescription drugs, if:
(A) the facility's total distribution-related sales of prescription drugs does not exceed
5% of the facility's total prescription drug sales; and
(B) the distribution otherwise complies with 21 C.F.R. Sec. 1307.11.
(48) "Pharmacist" means an individual licensed by this state to engage in the practice
of pharmacy.
(49) "Pharmacist-in-charge" means a pharmacist currently licensed in good standing
who accepts responsibility for the operation of a pharmacy in conformance with all laws and
rules pertinent to the practice of pharmacy and the distribution of drugs, and who is personally
in full and actual charge of the pharmacy and all personnel.
(50) "Pharmacist preceptor" means a licensed pharmacist in good standing with one or
more years of licensed experience. The preceptor serves as a teacher, example of professional
conduct, and supervisor of interns in the professional practice of pharmacy.
(51) "Pharmacy" means any place where:
(a) drugs are dispensed;
(b) pharmaceutical care is provided;
(c) drugs are processed or handled for eventual use by a patient; or
(d) drugs are used for the purpose of analysis or research.
(52) "Pharmacy benefits manager or coordinator" means a person or entity that
provides a pharmacy benefits management service as defined in Section 
31A-46-102
 on behalf
of a self-insured employer, insurance company, health maintenance organization, or other plan
sponsor, as defined by rule.
(53) "Pharmacy intern" means an individual licensed by this state to engage in practice
as a pharmacy intern.
(54) "Pharmacy technician training program" means an approved technician training
program providing education for pharmacy technicians.
(55) (a) "Practice as a dispensing medical practitioner" means the practice of pharmacy,
specifically relating to the dispensing of a prescription drug in accordance with Part 8,
Dispensing Medical Practitioner and Dispensing Medical Practitioner Clinic Pharmacy, and
division rule adopted after consultation with the Board of pharmacy and the governing boards
of the practitioners described in Subsection (23)(a).
(b) "Practice as a dispensing medical practitioner" does not include:
(i) using a vending type of dispenser as defined by the division by administrative rule;
or
(ii) except as permitted by Section 
58-17b-805
, dispensing of a controlled substance as
defined in Section 
58-37-2
.
(56) "Practice as a licensed pharmacy technician" means engaging in practice as a
pharmacy technician under the general supervision of a licensed pharmacist and in accordance
with a scope of practice defined by division rule made in collaboration with the board.
(57) "Practice of pharmacy" includes the following:
(a) providing pharmaceutical care;
(b) collaborative pharmacy practice in accordance with a collaborative pharmacy
practice agreement;
(c) compounding, packaging, labeling, dispensing, administering, and the coincident
distribution of prescription drugs or devices, provided that the administration of a prescription
drug or device is:
(i) pursuant to a lawful order of a practitioner when one is required by law; and
(ii) in accordance with written guidelines or protocols:
(A) established by the licensed facility in which the prescription drug or device is to be
administered on an inpatient basis; or
(B) approved by the division, in collaboration with the board and, when appropriate,
the Physicians Licensing Board, created in Section 
58-67-201
, if the prescription drug or device
is to be administered on an outpatient basis solely by a licensed pharmacist;
(d) participating in drug utilization review;
(e) ensuring proper and safe storage of drugs and devices;
(f) maintaining records of drugs and devices in accordance with state and federal law
and the standards and ethics of the profession;
(g) providing information on drugs or devices, which may include advice relating to
therapeutic values, potential hazards, and uses;
(h) providing drug product equivalents;
(i) supervising pharmacist's supportive personnel, pharmacy interns, and pharmacy
technicians;
(j) providing patient counseling, including adverse and therapeutic effects of drugs;
(k) providing emergency refills as defined by rule;
(l) telepharmacy;
(m) formulary management intervention;
(n) prescribing and dispensing a self-administered hormonal contraceptive in
accordance with [
Title 26, Chapter 64, Family Planning Access Act
] 
Title 26B, Chapter 4, Part
5, Treatment Access
; and
(o) issuing a prescription in accordance with Section 
58-17b-627
.
(58) "Practice of telepharmacy" means the practice of pharmacy through the use of
telecommunications and information technologies.
(59) "Practice of telepharmacy across state lines" means the practice of pharmacy
through the use of telecommunications and information technologies that occurs when the
patient is physically located within one jurisdiction and the pharmacist is located in another
jurisdiction.
(60) "Practitioner" means an individual currently licensed, registered, or otherwise
authorized by the appropriate jurisdiction to prescribe and administer drugs in the course of
professional practice.
(61) "Prescribe" means to issue a prescription:
(a) orally or in writing; or
(b) by telephone, facsimile transmission, computer, or other electronic means of
communication as defined by division rule.
(62) "Prescription" means an order issued:
(a) by a licensed practitioner in the course of that practitioner's professional practice or
by collaborative pharmacy practice agreement; and
(b) for a controlled substance or other prescription drug or device for use by a patient
or an animal.
(63) "Prescription device" means an instrument, apparatus, implement, machine,
contrivance, implant, in vitro reagent, or other similar or related article, and any component
part or accessory, which is required under federal or state law to be prescribed by a practitioner
and dispensed by or through a person or entity licensed under this chapter or exempt from
licensure under this chapter.
(64) "Prescription drug" means a drug that is required by federal or state law or rule to
be dispensed only by prescription or is restricted to administration only by practitioners.
(65) "Repackage":
(a) means changing the container, wrapper, or labeling to further the distribution of a
prescription drug; and
(b) does not include:
(i) Subsection (65)(a) when completed by the pharmacist responsible for dispensing the
product to a patient; or
(ii) changing or altering a label as necessary for a dispensing practitioner under Part 8,
Dispensing Medical Practitioner and Dispensing Medical Practitioner Clinic Pharmacy, for
dispensing a product to a patient.
(66) "Research using pharmaceuticals" means research:
(a) conducted in a research facility, as defined by division rule, that is associated with a
university or college in the state accredited by the Northwest Commission on Colleges and
Universities;
(b) requiring the use of a controlled substance, prescription drug, or prescription
device;
(c) that uses the controlled substance, prescription drug, or prescription device in
accordance with standard research protocols and techniques, including, if required, those
approved by an institutional review committee; and
(d) that includes any documentation required for the conduct of the research and the
handling of the controlled substance, prescription drug, or prescription device.
(67) "Retail pharmacy" means a pharmaceutical facility dispensing prescription drugs
and devices to the general public.
(68) (a) "Self-administered hormonal contraceptive" means a self-administered
hormonal contraceptive that is approved by the United States Food and Drug Administration to
prevent pregnancy.
(b) "Self-administered hormonal contraceptive" includes an oral hormonal
contraceptive, a hormonal vaginal ring, and a hormonal contraceptive patch.
(c) "Self-administered hormonal contraceptive" does not include any drug intended to
induce an abortion, as that term is defined in Section 
76-7-301
.
(69) "Self-audit" means an internal evaluation of a pharmacy to determine compliance
with this chapter.
(70) "Supervising pharmacist" means a pharmacist who is overseeing the operation of
the pharmacy during a given day or shift.
(71) "Supportive personnel" means unlicensed individuals who:
(a) may assist a pharmacist, pharmacist preceptor, pharmacy intern, or licensed
pharmacy technician in nonjudgmental duties not included in the definition of the practice of
pharmacy, practice of a pharmacy intern, or practice of a licensed pharmacy technician, and as
those duties may be further defined by division rule adopted in collaboration with the board;
and
(b) are supervised by a pharmacist in accordance with rules adopted by the division in
collaboration with the board.
(72) "Unlawful conduct" means the same as that term is defined in Sections 
58-1-501
and 
58-17b-501
.
(73) "Unprofessional conduct" means the same as that term is defined in Sections
58-1-501
 and 
58-17b-502
 and may be further defined by rule.
(74) "Veterinary pharmaceutical facility" means a pharmaceutical facility that
dispenses drugs intended for use by animals or for sale to veterinarians for the administration
for animals.
Section 135. Section 
58-17b-302
 is amended to read:
58-17b-302.
License required -- License classifications for pharmacy facilities.
(1) A license is required to act as a pharmacy, except:
(a) as specifically exempted from licensure under Section 
58-1-307
;
(b) for the operation of a medical cannabis pharmacy under [
Title 26, Chapter 61a,
Utah Medical Cannabis Act
] 
Title 26B, Chapter 4, Part 2, Cannabinoid Research and Medical
Cannabis
; and
(c) to operate a licensed dispensing practice under Chapter 88, Part 2, Dispensing
Practice.
(2) The division shall issue a pharmacy license to a facility that qualifies under this
chapter in the classification of a:
(a) class A pharmacy;
(b) class B pharmacy;
(c) class C pharmacy;
(d) class D pharmacy;
(e) class E pharmacy; or
(f) dispensing medical practitioner clinic pharmacy.
(3) (a) Each place of business shall require a separate license.
(b) If multiple pharmacies exist at the same address, a separate license shall be required
for each pharmacy.
(4) (a) The division may further define or supplement the classifications of pharmacies.
(b) The division may impose restrictions upon classifications to protect the public
health, safety, and welfare.
(5) Each pharmacy shall have a pharmacist-in-charge, except as otherwise provided by
rule.
(6) Whenever an applicable statute or rule requires or prohibits action by a pharmacy,
the pharmacist-in-charge and the owner of the pharmacy shall be responsible for all activities
of the pharmacy, regardless of the form of the business organization.
Section 136. Section 
58-17b-309
 is amended to read:
58-17b-309.
Exemptions from licensure.
In addition to the exemptions from licensure in Section 
58-1-307
, the following
individuals may engage in the acts or practices described in this section without being licensed
under this chapter:
(1) a person selling or providing contact lenses in accordance with Section 
58-16a-801
;
(2) an animal shelter that:
(a) under the indirect supervision of a veterinarian, stores, handles, or administers a
drug used for euthanising an animal; and
(b) under the indirect supervision of a veterinarian who is under contract with the
animal shelter, stores, handles, or administers a rabies vaccine;
(3) an overdose outreach provider, as defined in Section [
26-55-102
] 
26B-4-501
, that
obtains, stores, or furnishes an opiate antagonist in accordance with [
Title 26, Chapter 55,
Opiate Overdose Response Act
] 
Title 26B, Chapter 4, Part 5, Treatment Access
; and
(4) a dispensing practitioner, as defined in Section 
58-88-201
, dispensing a drug under
Chapter 88, Part 2, Dispensing Practice.
Section 137. Section 
58-17b-309.7
 is amended to read:
58-17b-309.7.
Opioid treatment program.
(1) As used in this section:
(a) "Covered provider" means an individual who is licensed to engage in:
(i) the practice of advanced practice registered nursing as defined in Section
58-31b-102
;
(ii) the practice of registered nursing as defined in Section 
58-31b-102
; or
(iii) practice as a physician assistant as defined in Section 
58-70a-102
.
(b) "Opioid treatment program" means a program or practitioner that is:
(i) engaged in dispensing an opiate medication assisted treatment for opioid use
disorder;
(ii) registered under 21 U.S.C. Sec. 823(g)(1);
(iii) licensed by the Office of Licensing within the Department of 
Health and
 Human
Services created in Section [
62A-2-103
] 
26B-2-103
; and
(iv) certified by the 
federal
 Substance Abuse and Mental Health Services
Administration in accordance with 42 C.F.R. 8.11.
(2) A covered provider may dispense opiate medication assisted treatment at an opioid
treatment program if the covered provider:
(a) is operating under the direction of a pharmacist;
(b) dispenses the opiate medication assisted treatment under the direction of a
pharmacist; and
(c) acts in accordance with division rule made under Subsection (3).
(3) The division shall, in consultation with practitioners who work in an opioid
treatment program, make rules in accordance with Title 63G, Chapter 3, Utah Administrative
Rulemaking Act, to establish guidelines under which a covered provider may dispense opiate
medication assisted treatment to a patient in an opioid treatment program under this section.
Section 138. Section 
58-17b-501
 is amended to read:
58-17b-501.
Unlawful conduct.
"Unlawful conduct" includes:
(1) knowingly preventing or refusing to permit an authorized agent of the division to
conduct an inspection pursuant to Section 
58-17b-103
;
(2) failing to deliver the license, permit, or certificate to the division upon demand, if it
has been revoked, suspended, or refused;
(3) (a) using the title "pharmacist," "druggist," "pharmacy intern," "pharmacy
technician," or a term having similar meaning, except by a person licensed as a pharmacist,
pharmacy intern, or pharmacy technician; or
(b) conducting or transacting business under a name that contains, as part of that name,
the words "drugstore," "pharmacy," "drugs," "medicine store," "medicines," "drug shop,"
"apothecary," "prescriptions," or a term having a similar meaning, or in any manner
advertising, otherwise describing, or referring to the place of the conducted business or
profession, unless the place is a pharmacy issued a license by the division, except an
establishment selling nonprescription drugs and supplies may display signs bearing the words
"packaged drugs," "drug sundries," or "nonprescription drugs," and is not considered to be a
pharmacy or drugstore by reason of the display;
(4) buying, selling, causing to be sold, or offering for sale, a drug or device that bears,
or the package bears or originally did bear, the inscription "sample," "not for resale," "for
investigational or experimental use only," or other similar words, except when a cost is
incurred in the bona fide acquisition of an investigational or experimental drug;
(5) using to a person's own advantages or revealing to anyone other than the division,
board, and its authorized representatives, or to the courts, when relevant to a judicial or
administrative proceeding under this chapter, information acquired under authority of this
chapter or concerning a method of process that is a trade secret;
(6) procuring or attempting to procure a drug or to have someone else procure or
attempt to procure a drug:
(a) by fraud, deceit, misrepresentation, or subterfuge;
(b) by forgery or alteration of a prescription or a written order;
(c) by concealment of a material fact;
(d) by use of a false statement in a prescription, chart, order, or report; or
(e) by theft;
(7) filling, refilling, or advertising the filling or refilling of prescriptions for a
consumer or patient residing in this state if the person is not licensed:
(a) under this chapter; or
(b) in the state from which he is dispensing;
(8) requiring an employed pharmacist, pharmacy intern, pharmacy technician, or
authorized supportive personnel to engage in conduct in violation of this chapter;
(9) being in possession of a prescription drug for an unlawful purpose;
(10) dispensing a prescription drug to a person who does not have a prescription from a
practitioner, except as permitted under[
:
] 
Title 26B, Chapter 4, Part 5, Treatment Access;
[
(a) Title 26, Chapter 55, Opiate Overdose Response Act; or
]
[
(b) Title 26, Chapter 64, Family Planning Access Act;
]
(11) dispensing a prescription drug to a person who the person dispensing the drug
knows or should know is attempting to obtain drugs by fraud or misrepresentation;
(12) selling, dispensing, distributing, or otherwise trafficking in prescription drugs
when not licensed to do so or when not exempted from licensure; and
(13) a person using a prescription drug or controlled substance that was not lawfully
prescribed for the person by a practitioner.
Section 139. Section 
58-17b-502
 is amended to read:
58-17b-502.
Unprofessional conduct.
(1) "Unprofessional conduct" includes:
(a) willfully deceiving or attempting to deceive the division, the board, or their agents
as to any relevant matter regarding compliance under this chapter;
(b) except as provided in Subsection (2):
(i) paying or offering rebates to practitioners or any other health care providers, or
receiving or soliciting rebates from practitioners or any other health care provider; or
(ii) paying, offering, receiving, or soliciting compensation in the form of a commission,
bonus, rebate, kickback, or split fee arrangement with practitioners or any other health care
provider, for the purpose of obtaining referrals;
(c) misbranding or adulteration of any drug or device or the sale, distribution, or
dispensing of any outdated, misbranded, or adulterated drug or device;
(d) engaging in the sale or purchase of drugs or devices that are samples or packages
bearing the inscription "sample" or "not for resale" or similar words or phrases;
(e) except as provided in Section 
58-17b-503
, accepting back and redistributing any
unused drug, or a part of it, after it has left the premises of a pharmacy;
(f) an act in violation of this chapter committed by a person for any form of
compensation if the act is incidental to the person's professional activities, including the
activities of a pharmacist, pharmacy intern, or pharmacy technician;
(g) violating:
(i) the federal Controlled Substances Act, Title II, P.L. 91-513;
(ii) Title 58, Chapter 37, Utah Controlled Substances Act; or
(iii) rules or regulations adopted under either act;
(h) requiring or permitting pharmacy interns or technicians to engage in activities
outside the scope of practice for their respective license classifications, as defined in this
chapter and division rules made in collaboration with the board, or beyond their scope of
training and ability;
(i) administering:
(i) without appropriate training, as defined by rule;
(ii) without a physician's order, when one is required by law; and
(iii) in conflict with a practitioner's written guidelines or written protocol for
administering;
(j) disclosing confidential patient information in violation of the provisions of the
Health Insurance Portability and Accountability Act of 1996, Pub. L. No. 104-191, 110 Stat.
1936, as amended, or other applicable law;
(k) engaging in the practice of pharmacy without a licensed pharmacist designated as
the pharmacist-in-charge;
(l) failing to report to the division any adverse action taken by another licensing
jurisdiction, government agency, law enforcement agency, or court for conduct that in
substance would be considered unprofessional conduct under this section;
(m) as a pharmacist or pharmacy intern, compounding a prescription drug in a dosage
form which is regularly and commonly available from a manufacturer in quantities and
strengths prescribed by a practitioner;
(n) failing to act in accordance with [
Title 26, Chapter 64, Family Planning Access
Act
] 
Title 26B, Chapter 4, Part 5, Treatment Access
, when dispensing a self-administered
hormonal contraceptive under a standing order;
(o) violating the requirements of [
Title 26, Chapter 61a, Utah Medical Cannabis Act
]
Title 26B, Chapter 4, Part 2, Cannabinoid Research and Medical Cannabis
; or
(p) falsely making an entry in, or altering, a medical record with the intent to conceal:
(i) a wrongful or negligent act or omission of an individual licensed under this chapter
or an individual under the direction or control of an individual licensed under this chapter; or
(ii) conduct described in Subsections (1)(a) through (o) or Subsection 
58-1-501
(1).
(2) Subsection (1)(b) does not apply to:
(a) giving or receiving a price discount based on purchase volume;
(b) passing along a pharmaceutical manufacturer's rebate; or
(c) providing compensation for services to a veterinarian.
(3) "Unprofessional conduct" does not include, in accordance with [
Title 26, Chapter
61a, Utah Medical Cannabis Act
] 
Title 26B, Chapter 4, Part 2, Cannabinoid Research and
Medical Cannabis
:
(a) when registered as a pharmacy medical provider, as that term is defined in Section
[
26-61a-102
] 
26B-4-201
, providing pharmacy medical provider services in a medical cannabis
pharmacy; or
(b) when acting as a state central patient portal medical provider, as that term is defined
in Section [
26-61a-102
] 
26B-4-201
, providing state central patient portal medical provider
services.
(4) Notwithstanding Subsection (3), the division, in consultation with the board and in
accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, shall define
unprofessional conduct for a pharmacist described in Subsections (3)(a) and (b).
Section 140. Section 
58-17b-503
 is amended to read:
58-17b-503.
Exception to unprofessional conduct.
(1) For purposes of this section:
(a) "Licensed intermediate care facility for people with an intellectual disability" means
an intermediate care facility for people with an intellectual disability that is licensed as a
nursing care facility or a small health care facility under [
Title 26, Chapter 21, Health Care
Facility Licensing and Inspection Act
] 
Title 26B, Chapter 2, Part 2, Health Care Facility
Licensing and Inspection
.
(b) "Nursing care facility" means the same as that term is defined in Section [
26-21-2
]
26B-2-201
.
(c) "Unit pack" means a tamper-resistant nonreusable single-dose single-drug package
with identification that indicates the lot number and expiration date for the drug.
(2) A pharmacist may accept and redistribute an unused drug, or part of it, after it has
left the premises of the pharmacy:
(a) in accordance with Part 9, Charitable Prescription Drug Recycling Act;
(b) if:
(i) the drug was prescribed to a patient in a nursing care facility, licensed intermediate
care facility for people with an intellectual disability, or state prison facility, county jail, or state
hospital;
(ii) the drug was stored under the supervision of a licensed health care provider
according to manufacturer recommendations;
(iii) the drug is in a unit pack or in the manufacturer's sealed container;
(iv) the drug was returned to the original dispensing pharmacy;
(v) the drug was initially dispensed by a licensed pharmacist or licensed pharmacy
intern; and
(vi) accepting back and redistributing of the drug complies with federal Food and Drug
Administration and Drug Enforcement Administration regulations; 
or
(c) if:
(i) the pharmacy has attempted to deliver the drug to a patient or a patient's agent via
the United States Postal Service, a licensed common carrier, or supportive personnel;
(ii) the drug is returned to the pharmacy by the same person or carrier that attempted to
deliver the drug; and
(iii) in accordance with United States Food and Drug Administration regulations and
rules established by the division, a pharmacist at the pharmacy determines that the drug has not
been adversely affected by the drug's attempted delivery and return.
Section 141. Section 
58-17b-507
 is amended to read:
58-17b-507.
Opiate antagonist -- Immunity from liability -- Exclusion from
unlawful or unprofessional conduct.
(1) As used in this section:
(a) "Opiate antagonist" means the same as that term is defined in Section [
26-55-102
]
26B-4-501
.
(b) "Opiate-related drug overdose event" means the same as that term is defined in
Section [
26-55-102
] 
26B-4-501
.
(2) A person licensed under this chapter that dispenses an opiate antagonist to an
individual with a prescription for an opiate antagonist, to an overdose outreach provider with a
prescription for an opiate antagonist, or pursuant to a standing prescription drug order issued in
accordance with Subsection [
26-55-105
(2)
] 
26B-4-510
(2)
 is not liable for any civil damages
resulting from the outcomes of the eventual administration of the opiate antagonist to an
individual who another individual believes is experiencing an opiate-related drug overdose
event.
(3) The provisions of this section and [
Title 26, Chapter 55, Opiate Overdose Response
Act
] 
Title 26B, Chapter 4, Part 5, Treatment Access
, do not establish a duty or standard of care
in the prescribing, dispensing, or administration of an opiate antagonist.
(4) It is not unprofessional conduct or unlawful conduct for a licensee under this
chapter to dispense an opiate antagonist to a person, including a person described in
Subsections [
26-55-107
(1)(a)(i)(A)
] 
26B-4-512
(1)(a)(i)(A)
 through (1)(a)(i)(F), on behalf of an
individual if the person obtaining the opiate antagonist has a prescription for the opiate
antagonist from a licensed prescriber or the opiate antagonist is dispensed pursuant to a
standing prescription drug order issued in accordance with Subsection [
26-55-105
(2)
]
26B-4-510
(2)
.
(5) It is not unprofessional conduct or unlawful conduct for a licensee under this
chapter to dispense an opiate antagonist to an overdose outreach provider if the overdose
outreach provider has a prescription for the opiate antagonist from a licensed prescriber issued
pursuant to Subsection [
26-55-104
(2)(a)(iii)
] 
26B-4-509
(2)(a)(iii)
.
Section 142. Section 
58-17b-602
 is amended to read:
58-17b-602.
Prescription orders -- Information required -- Alteration -- Labels --
Signatures -- Dispensing in pharmacies.
(1) Except as provided in Section 
58-1-501.3
, the minimum information that shall be
included in a prescription order, and that may be defined by rule, is:
(a) the prescriber's name, address, and telephone number, and, if the order is for a
controlled substance, the patient's age and the prescriber's DEA number;
(b) the patient's name and address or, in the case of an animal, the name of the owner
and species of the animal;
(c) the date of issuance;
(d) the name of the medication or device prescribed and dispensing instructions, if
necessary;
(e) the directions, if appropriate, for the use of the prescription by the patient or animal
and any refill, special labeling, or other instructions;
(f) the prescriber's signature if the prescription order is written;
(g) if the order is an electronically transmitted prescription order, the prescribing
practitioner's electronic signature; and
(h) if the order is a hard copy prescription order generated from electronic media, the
prescribing practitioner's electronic or manual signature.
(2) The requirement of Subsection (1)(a) does not apply to prescription orders
dispensed for inpatients by hospital pharmacies if the prescriber is a current member of the
hospital staff and the prescription order is on file in the patient's medical record.
(3) Unless it is for a Schedule II controlled substance, a prescription order may be
dispensed by a pharmacist or pharmacy intern upon an oral prescription of a practitioner only if
the oral prescription is promptly reduced to writing.
(4) (a) Except as provided under Subsection (4)(b), a pharmacist or pharmacy intern
may not dispense or compound any prescription of a practitioner if the prescription shows
evidence of alteration, erasure, or addition by any person other than the person writing the
prescription.
(b) A pharmacist or pharmacy intern dispensing or compounding a prescription may
alter or make additions to the prescription after receiving permission of the prescriber and may
make entries or additions on the prescription required by law or necessitated in the
compounding and dispensing procedures.
(5) (a) Each drug dispensed shall have a label securely affixed to the container
indicating the following minimum information:
(i) the name, address, and telephone number of the pharmacy;
(ii) the serial number of the prescription as assigned by the dispensing pharmacy;
(iii) the filling date of the prescription or its last dispensing date;
(iv) the name of the patient, or in the case of an animal, the name of the owner and
species of the animal;
(v) the name of the prescriber;
(vi) the directions for use and cautionary statements, if any, which are contained in the
prescription order or are needed;
(vii) except as provided in Subsection (7), the trade, generic, or chemical name,
amount dispensed and the strength of dosage form, but if multiple ingredient products with
established proprietary or nonproprietary names are prescribed, those products' names may be
used; and
(viii) the beyond use date.
(b) The requirements described in Subsections (5)(a)(i) through (vi) do not apply to a
label on the container of a drug that a health care provider administers to a patient at:
(i) a pharmaceutical administration facility; or
(ii) a hospital licensed under [
Title 26, Chapter 21, Health Care Facility Licensing and
Inspection Act
] 
Title 26B, Chapter 2, Part 2, Health Care Facility Licensing and Inspection
.
(6) A hospital pharmacy that dispenses a prescription drug that is packaged in a
multidose container to a hospital patient may provide the drug in the multidose container to the
patient when the patient is discharged from the hospital if:
(a) the pharmacy receives a discharge order for the patient; and
(b) the pharmacy labels the drug with the:
(i) patient's name;
(ii) drug's name and strength;
(iii) directions for use of the drug, if applicable; and
(iv) pharmacy's name and phone number.
(7) If the prescriber specifically indicates the name of the prescription product should
not appear on the label, then any of the trade, generic, chemical, established proprietary, and
established nonproprietary names and the strength of dosage form may not be included.
(8) Prescribers are encouraged to include on prescription labels the information
described in Section 
58-17b-602.5
 in accordance with the provisions of that section.
(9) A pharmacy may only deliver a prescription drug to a patient or a patient's agent:
(a) in person at the pharmacy; or
(b) via the United States Postal Service, a licensed common carrier, or supportive
personnel, if the pharmacy takes reasonable precautions to ensure the prescription drug is:
(i) delivered to the patient or patient's agent; or
(ii) returned to the pharmacy.
Section 143. Section 
58-17b-606
 is amended to read:
58-17b-606.
Restrictive drug formulary prohibited.
(1) As used in this section:
(a) "Generic form" means a prescription drug that is available in generic form and has
an A rating in the United States Pharmacopeia and Drug Index.
(b) "Legend drug" has the same meaning as prescription drug.
(c) "Restrictive drug formulary" means a list of legend drugs, other than drugs for
cosmetic purposes, that are prohibited by the Department of Health 
and Human Services
 from
dispensation, but are approved by the Federal Food and Drug Administration.
(2) A practitioner may prescribe legend drugs in accordance with this chapter that, in
his professional judgment and within the lawful scope of his practice, he considers appropriate
for the diagnosis and treatment of his patient.
(3) Except as provided in Subsection (4), the Department of Health 
and Human
Services
 may not maintain a restrictive drug formulary that restricts a physician's ability to treat
a patient with a legend drug that has been approved and designated as safe and effective by the
Federal Food and Drug Administration, except for drugs for cosmetic purposes.
(4) When a multisource legend drug is available in the generic form, the Department of
Health 
and Human Services
 may only reimburse for the generic form of the drug unless the
treating physician demonstrates to the Department of Health 
and Human Services
 a medical
necessity for dispensing the nongeneric, brand-name legend drug.
(5) The Department of Health 
and Human Services
 pharmacists may override the
generic mandate provisions of Subsection (4) if a financial benefit will accrue to the state.
(6) This section does not affect the state's ability to exercise the exclusion options
available under the Federal Omnibus Budget Reconciliation Act of 1990.
Section 144. 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 Department of Health and
Human Services created in Section 
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 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
] 
26B-7-201
,
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.
(7) Notwithstanding Sections 
58-17b-302
 and 
58-17b-309
, a nurse who is employed by
a health department and licensed under Chapter 31b, Nurse Practice Act, may dispense a drug
to treat a sexually transmitted infection if the drug is:
(a) a prepackaged drug as defined in Section 
58-17b-802
;
(b) dispensed under a prescription authorized by this section;
(c) provided at a location that is described in Subsection (2)(a) or (b) and operated by
the health department;
(d) provided in accordance with a dispensing standard that is issued by a physician who
is employed by the health department; and
(e) if applicable, in accordance with requirements established by the division in
collaboration with the board under Subsection (8).
(8) The division may make rules in collaboration with the board and in accordance
with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to establish specific
requirements regarding the dispensing of a drug under Subsection (7).
Section 145. 
 Coordinating S.B. 207 with H.B. 72 -- Superseding amendment.
If this S.B. 207 and H.B. 72, Medical Cannabis Governance Revisions, both pass and
become law, it is the intent of the Legislature that the amendments to Section 
58-17b-302
 in
H.B. 72 supersede the amendments to Section 
58-17b-302
 in this bill when the Office of
Legislative Research and General Counsel prepares the Utah Code database for publication on
July 1, 2023.
Section 146. 
Revisor instructions.
The Legislature intends that the Office of Legislative Research and General Counsel, in
preparing the Utah Code database for publication, not enroll this bill if any of the following
bills do not pass:
(a) S.B. 38, Health and Human Services Recodification - Administration, Licensing,
and Recovery Services;
(b) S.B. 39, Health and Human Services Recodification - Health Care Assistance and
Data;
(c) S.B. 40, Health and Human Services Recodification - Health Care Delivery and
Repeals; or
(d) S.B. 41, Health and Human Services Recodification - Prevention, Supports,
Substance Use and Mental Health.