Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 69 Fifth Substitute (2024GS)

Sponsor

Rep. Wilcox, R.

Final action

Governor Signed 3/13/2024

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• requires the Department of Health and Human Services to:
• screen blood and urine samples for both drugs and alcohol;
• provide the testing in a timely manner; and
• provide test results through a secure medium to the Driver License Division and relevant law enforcement agencies;
• clarifies that the Department of Health and Human Services may disclose the results of a drug and alcohol screening as part of the investigation for driving under the influence;
• amends a provision allowing the use of a blood and urine test in certain administrative proceedings;
• enacts provisions regarding permissible uses of a blood and urine test by the Driver License Division;
• requires the Department of Public Safety to make rules to establish standards for proper usage and administration of oral fluid and portable breath tests as part of a field sobriety test;
• requires law enforcement agencies to provide training on the use of oral fluid and portable breath tests as part of a field sobriety test;
• allows evidence obtained through oral fluid and portable breath tests to support a finding of probable cause that a person is guilty of driving under the influence; and
• makes technical changes.

Every vote on this bill

Bill text

DUI TESTING AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Ryan D. Wilcox
Senate Sponsor: 
Wayne A. Harper
LONG TITLE
Committee Note:
The Law Enforcement and Criminal Justice Interim Committee recommended this bill.
Legislative Vote: 9 voting for 0 voting against 9 absent
General Description:
This bill amends provisions related to testing of bodily fluids for purposes of an
investigation of driving under the influence.
Highlighted Provisions:
This bill:
▸ requires the Department of Health and Human Services to:
• screen blood and urine samples for both drugs and alcohol;
• provide the testing in a timely manner; and
• provide test results through a secure medium to the Driver License Division and
relevant law enforcement agencies;
▸ clarifies that the Department of Health and Human Services may disclose the results
of a drug and alcohol screening as part of the investigation for driving under the
influence;
▸ amends a provision allowing the use of a blood and urine test in certain
administrative proceedings;
▸ enacts provisions regarding permissible uses of a blood and urine test by the Driver
License Division;
▸ requires the Department of Public Safety to make rules to establish standards for
proper usage and administration of oral fluid and portable breath tests as part of a
field sobriety test;
▸ requires law enforcement agencies to provide training on the use of oral fluid and
portable breath tests as part of a field sobriety test;
▸ allows evidence obtained through oral fluid and portable breath tests to support a
finding of probable cause that a person is guilty of driving under the influence; and
▸ makes technical changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
26B-1-216
, as renumbered and amended by Laws of Utah 2023, Chapter 305
26B-8-406
, as renumbered and amended by Laws of Utah 2023, Chapter 306
26B-8-407
, as renumbered and amended by Laws of Utah 2023, Chapter 306
26B-8-408
, as renumbered and amended by Laws of Utah 2023, Chapter 306
41-6a-515.6
, as enacted by Laws of Utah 2017, Chapter 283
53-3-104
, as last amended by Laws of Utah 2021, Chapter 284
ENACTS:
53-3-111
, Utah Code Annotated 1953
53-25-102
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
26B-1-216
 is amended to read:
26B-1-216.
Powers and duties of the department -- Quality and design.
The department shall:
(1) monitor and evaluate the quality of services provided by the department including:
(a) in accordance with Part 5, Fatality Review, monitoring, reviewing, and making
recommendations relating to a fatality review;
(b) overseeing the duties of the child protection ombudsman appointed under Section
80-2-1104
; and
(c) conducting internal evaluations of the quality of services provided by the
department and service providers contracted with the department;
(2) conduct investigations described in Section 
80-2-703
; [
and
]
(3) develop an integrated human services system and implement a system of care by:
(a) designing and implementing a comprehensive continuum of services for individuals
who receive services from the department or a service provider contracted with the department;
(b) establishing and maintaining department contracts with public and private service
providers;
(c) establishing standards for the use of service providers who contract with the
department;
(d) coordinating a service provider network to be used within the department to ensure
individuals receive the appropriate type of services;
(e) centralizing the department's administrative operations; and
(f) integrating, analyzing, and applying department-wide data and research to monitor
the quality, effectiveness, and outcomes of services provided by the department[
.
]
; and
(4) (a) coordinate with the Driver License Division, the Department of Public Safety,
and any other law enforcement agency to test blood and urine samples submitted to the
department as part of an investigation for driving under the influence, including:
(i) testing the blood or urine sample to screen for:
(A) alcohol; and
(B) any other drug or substance that the department determines could impair an
individual; and
(ii) providing the results of the test described in Subsection (4)(a)(i) through a secure
medium and in a timely manner; and
(b) ensure that testing described in Subsection (4)(a) is performed in accordance with
standards and procedures established and recommended by the National Highway Traffic
Safety Administration and National Transportation Safety Board.
Section 2. Section 
26B-8-406
 is amended to read:
26B-8-406.
Disclosure of health data -- Limitations.
The department may not make a disclosure of any identifiable health data unless:
(1) one of the following persons has consented to the disclosure:
(a) the individual;
(b) the next-of-kin if the individual is deceased;
(c) the parent or legal guardian if the individual is a minor or mentally incompetent; or
(d) a person holding a power of attorney covering such matters on behalf of the
individual;
(2) the disclosure is to a governmental entity in this or another state or the federal
government, provided that:
(a) the data will be used for a purpose for which they were collected by the department;
and
(b) the recipient enters into a written agreement satisfactory to the department agreeing
to protect such data in accordance with the requirements of this part and department rule and
not permit further disclosure without prior approval of the department;
(3) the disclosure is to an individual or organization, for a specified period, solely for
bona fide research and statistical purposes, determined in accordance with department rules,
and the department determines that the data are required for the research and statistical
purposes proposed and the requesting individual or organization enters into a written
agreement satisfactory to the department to protect the data in accordance with this part and
department rule and not permit further disclosure without prior approval of the department;
(4) the disclosure is to a governmental entity for the purpose of conducting an audit,
evaluation, or investigation of the department and such governmental entity agrees not to use
those data for making any determination affecting the rights, benefits, or entitlements of any
individual to whom the health data relates;
(5) the disclosure is of specific medical or epidemiological information to authorized
personnel within the department, local health departments, public health authorities, official
health agencies in other states, the United States Public Health Service, the Centers for Disease
Control and Prevention (CDC), or agencies responsible to enforce quarantine, when necessary
to continue patient services or to undertake public health efforts to control communicable,
infectious, acute, chronic, or any other disease or health hazard that the department considers to
be dangerous or important or that may affect the public health;
(6) (a) the disclosure is of specific medical or epidemiological information to a "health
care provider" as defined in Section 
78B-3-403
, health care personnel, or public health
personnel who has a legitimate need to have access to the information in order to assist the
patient or to protect the health of others closely associated with the patient; and
(b) this Subsection (6) does not create a duty to warn third parties;
(7) the disclosure is necessary to obtain payment from an insurer or other third-party
payor in order for the department to obtain payment or to coordinate benefits for a patient; [
or
]
(8) the disclosure is to the subject of the identifiable health data[
.
]
; or
(9) the disclosure is limited to the results of a blood or urine test and the disclosure is
to the Driver License Division or relevant law enforcement agency as part of an investigation
of driving under the influence and pursuant to Subsection 
26B-1-216
(4).
Section 3. Section 
26B-8-407
 is amended to read:
26B-8-407.
Disclosure of health data -- Discretion of department -- Exception.
(1) Any disclosure provided for in Section 
26B-8-406
 shall be made at the discretion of
the department.
(2) Notwithstanding Subsection (1), the disclosure provided for in
:
(a)
 Subsection 
26B-8-406
(4) shall be made when the requirements of that paragraph
are met[
.
]
; and
(b) Subsection 
26B-8-406
(9) is not discretionary.
Section 4. Section 
26B-8-408
 is amended to read:
26B-8-408.
Health data not subject to subpoena or compulsory process --
Exception.
(1)
 [
Identifiable
] 
Except as provided in Subsection (2), identifiable
 health data
obtained in the course of activities undertaken or supported under this part may not be subject
to discovery, subpoena, or similar compulsory process in any civil or criminal, judicial,
administrative, or legislative proceeding, nor shall any individual or organization with lawful
access to identifiable health data under the provisions of this part be compelled to testify with
regard to such health data, except that data pertaining to a party in litigation may be subject to
subpoena or similar compulsory process in an action brought by or on behalf of such individual
to enforce any liability arising under this part.
(2) The Driver License Division may use an individual's identifiable health data from
blood or urine test provided to the Driver License Division under Section 
26B-1-216
 in an
administrative hearing or agency review involving the individual who is the subject of the
blood or urine test as described in Section 
53-3-111
.
Section 5. Section 
41-6a-515.6
 is amended to read:
41-6a-515.6.
Field sobriety test training.
Each law enforcement agency shall ensure that each peace officer receives training on
the current standard field sobriety testing guidelines established by the National Highway
Traffic Safety Administration 
and in accordance with Section 
53-25-102
.
Section 6. Section 
53-3-104
 is amended to read:
53-3-104.
Division duties.
The division shall:
(1) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
make rules:
(a) for examining applicants for a license, as necessary for the safety and welfare of the
traveling public;
(b) for acceptable documentation of an applicant's identity, Social Security number,
Utah resident status, Utah residence address, proof of legal presence, proof of citizenship in the
United States, honorable or general discharge from the United States military, and other proof
or documentation required under this chapter;
(c) for acceptable documentation to verify that an individual is homeless as verified by
the Department of Workforce Services, for purposes of residency, address verification, and
obtaining a fee waiver;
(d) regarding the restrictions to be imposed on an individual driving a motor vehicle
with a temporary learner permit or learner permit;
(e) for exemptions from licensing requirements as authorized in this chapter;
(f) establishing procedures for the storage and maintenance of applicant information
provided in accordance with Section 
53-3-205
, 
53-3-410
, or 
53-3-804
; and
(g) to provide educational information to each applicant for a license, which
information shall be based on data provided by the Division of Air Quality, including:
(i) ways drivers can improve air quality; and
(ii) the harmful effects of vehicle emissions;
(2) examine each applicant according to the class of license applied for;
(3) license motor vehicle drivers;
(4) file every application for a license received by the division and shall maintain
indices containing:
(a) all applications denied and the reason each was denied;
(b) all applications granted; and
(c) the name of every licensee whose license has been suspended, disqualified, or
revoked by the division and the reasons for the action;
(5) suspend, revoke, disqualify, cancel, or deny any license issued in accordance with
this chapter;
(6) file all accident reports and abstracts of court records of convictions received by the
division under state law;
(7) maintain a record of each licensee showing the licensee's convictions and the traffic
accidents in which the licensee has been involved where a conviction has resulted;
(8) consider the record of a licensee upon an application for renewal of a license and at
other appropriate times;
(9) search the license files, compile, and furnish a report on the driving record of any
individual licensed in the state in accordance with Section 
53-3-109
;
(10) develop and implement a record system as required by Section 
41-6a-604
;
(11) in accordance with Section 
53G-10-507
, establish:
(a) procedures and standards to certify teachers of driver education classes to
administer knowledge and skills tests;
(b) minimal standards for the tests; and
(c) procedures to enable school districts to administer or process any tests for students
to receive a class D operator's license;
(12) in accordance with Section 
53-3-510
, establish:
(a) procedures and standards to certify licensed instructors of commercial driver
training school courses to administer the skills test;
(b) minimal standards for the test; and
(c) procedures to enable licensed commercial driver training schools to administer or
process skills tests for students to receive a class D operator's license;
(13) provide administrative support to the Driver License Medical Advisory Board
created in Section 
53-3-303
;
(14) upon request by the lieutenant governor, provide the lieutenant governor with a
digital copy of the driver license or identification card signature of an individual who is an
applicant for voter registration under Section 
20A-2-206
; [
and
]
(15) in accordance with Section 
53-3-407.1
, establish:
(a) procedures and standards to license a commercial driver license third party tester or
commercial driver license third party examiner to administer the commercial driver license
skills tests;
(b) minimum standards for the commercial driver license skills test; and
(c) procedures to enable a licensed commercial driver license third party tester or
commercial driver license third party examiner to administer a commercial driver license skills
test for an applicant to receive a commercial driver license[
.
]
; and
(16) receive from the Department of Health and Human Services a result from a blood
or urine test of an individual arrested for driving under the influence and use the blood or urine
test result in an administrative hearing or agency review involving the individual who is the
subject of the blood or urine test as described in Section 
53-3-111
.
Section 7. Section 
53-3-111
 is enacted to read:
 53-3-111.
DUI blood and urine tests -- Permissible uses and restrictions.
(1) The division shall receive a result of a blood and urine test of an individual arrested
for driving under the influence from the Department of Health and Human Services.
(2) (a) The division may only use an individual's personally identifiable health data
from a blood and urine test in connection with:
(i) an administrative hearing for driving under the influence involving that individual
as provided in Section 
53-3-418
, Subsection 
53-3-223
(6)(c), or Subsection 
53-3-231
(6)(c); or
(ii) in accordance Title 63G, Chapter 4, Part 3, Agency Review, an agency review of
the administrative hearing described in Subsection (2)(a)(i).
(b) (i) The division shall aggregate and anonymize data from a blood and urine test.
(ii) The division may only use the anonymized and aggregated data from blood and
urine tests:
(A) to create a report the division is required to submit to the Legislature; or
(B) to create a statistical report to provide data to a law enforcement database.
(3) The division shall securely retain each blood and urine test as a private record as
provided in Title 63G, Chapter 2, Government Records Access and Management Act.
(4) The division may only provide the information from a blood and urine test received
under this section:
(a) to the individual who is the subject of the blood and urine test;
(b) if the individual who is the subject of the blood and urine test consents, to the
individual's attorney in connection with an administrative proceeding as provided in Section
53-3-418
, Subsections 
53-3-223
(6)(c), or Subsection 
53-3-231
(6)(c); or
(c) as otherwise required by law.
Section 8. Section 
53-25-102
 is enacted to read:
 53-25-102.
Standards for oral fluid and portable breath tests -- Rulemaking.
(1) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
department shall make rules to establish standards for the proper use of oral fluid and portable
breath testing as part of a field sobriety test.
(2) Each law enforcement agency shall provide training to ensure that:
(a) oral fluid and portable breath testing techniques and practices comply with the rules
described in Subsection (1); and
(b) oral fluid and portable breath testing equipment is used in a manner consistent with
manufacturer and industry standards.
(3) A law enforcement agency may use evidence obtained through oral fluid or portable
breath testing as part of a field sobriety test to support a finding of probable cause that a person
is guilty of driving under the influence.
Section 9. 
Effective date.
This bill takes effect on May 1, 2024.