Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 93 (2025GS)

Sponsor

Rep. Hall, Katy

Final action

Governor Signed 3/24/2025

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• defines terms;
• allows money in the Brain and Spinal Cord Injury Fund to be used for nervous system research under certain circumstances;
• modifies the membership of the Brain and Spinal Cord Injury Advisory Committee (committee);
• requires the committee to meet quarterly;
• creates a reporting requirement; and
• makes technical changes.

Every vote on this bill

Bill text

5
26B-1-318
26B-1-417
0
Rehabilitation Services Modifications
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Katy Hall
Senate Sponsor: Ann Millner
LONG TITLE
General Description:
This bill amends provisions related to the Brain and Spinal Cord Injury Fund and Advisory 
Committee.
Highlighted Provisions:
This bill:
defines terms;
allows money in the Brain and Spinal Cord Injury Fund to be used for nervous system 
research under certain circumstances;
modifies the membership of the Brain and Spinal Cord Injury Advisory Committee 
(committee);
requires the committee to meet quarterly;
creates a reporting requirement; and
makes technical changes. 
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
26B-1-318
, as last amended by Laws of Utah 2024, Chapter 289
26B-1-417
, as repealed and reenacted by Laws of Utah 2024, Chapter 289
Be it enacted by the Legislature of the state of Utah:
Section 1, Section 
26B-1-318
 is amended to read:
26B-1-318
. Brain and Spinal Cord Injury Fund.
(1)
As used in this section:
(a)
"Advisory committee" means the Brain and Spinal Cord Injury Advisory Committee 
created in Section 
26B-1-418
26B-1-417
.
(b)
"Nervous system research" means research conducted by a qualified charitable clinic 
that is:
(i)
designed to improve, enhance, accelerate, or advance the clinical outcomes of:
(A)
an individual affected by a spinal cord injury, a brain injury, or a stroke; or
(B)
a child with a neurological condition or syndrome;
(ii)
approved by an institutional review board; and
(iii)
designed to be completed in a 12-month period.
(b)
(c)
"Qualified charitable clinic" means a professional medical clinic that:
(i)
provides therapeutic services;
(ii)
employs licensed therapy clinicians;
(iii)
has at least five years experience operating a post-acute care rehabilitation clinic 
in the state; and
(iv)
has obtained tax-exempt status under Internal Revenue Code, 26 U.S.C. Sec. 
501(c)(3).
(d)
"Research grant" means a grant that can only be used for nervous system research.
(c)
(e)
(i)
"Therapeutic services" means:
(A)
rehabilitation services to individuals who have a spinal cord or brain injury 
that tends to be non-progressive or non-deteriorating and require post-acute 
care; or
(B)
rehabilitation services for children with neurological conditions and who 
require post-acute care.
(ii)
"Therapeutic services" include:
(A)
physical, occupational, and speech therapy; and
(B)
other services as determined by the department, in consultation with the 
advisory committee, through rule made in accordance with Title 63G, Chapter 
3, Utah Administrative Rulemaking Act.
(2)
There is created an expendable special revenue fund known as the "Brain and Spinal 
Cord Injury Fund."
(3)
The fund shall consist of:
(a)
gifts, grants, donations, or any other conveyance of money that may be made to the 
fund from private sources; and
(b)
additional amounts as appropriated by the Legislature;
(c)
a portion of the impound fee as designated in Section 
41-6a-1406
; and
(d)
the fees collected by the Motor Vehicle Division under Subsections 
41-1a-1201
(8) 
and 
41-22-8
(3).
(4)
The fund shall be administered by the executive director, in consultation with the 
advisory committee.
(5)
Fund money may be used to:
(a)
educate the general public and professionals regarding understanding, treatment, and 
prevention of brain injury;
(b)
provide access to evaluations and coordinate short-term care to assist an individual in 
identifying services or support needs, resources, and benefits for which the individual 
may be eligible;
(c)
develop and support an information and referral system for persons with a brain 
injury and their families;
(d)
provide grants to persons or organizations to provide the services described in 
Subsections (5)(a), (b), and (c);
(e)
assist one or more qualified charitable clinics to provide therapeutic services; 
and
(f)
purchase equipment for use in the qualified charitable clinic
.
; and
(g)
provide research grants to qualified charitable clinics in accordance with Subsection 
(7)
.
(6)
Each year, approximately no less than:
(a)
40% of the fund shall be used for programs and services described in Subsections 
(5)(a) through (d);
(b)
25% of the fund shall be used to assist adults with brain or spinal cord injuries under 
Subsections (5)(e) and (f); and
(c)
10 % of the fund shall be used to assist children with neurological conditions under 
Subsections (5)(e) and (f).
(7)
(a)
Each year, if money remains in the fund after the money has been allocated in 
accordance with Subsection 
(6)
, the advisory committee may award up to $100,000 
in research grants divided among one or more qualified charitable clinics.
(b)
A qualified charitable clinic that accepts a research grant shall agree to the 
requirements in Subsection 
(7)
(c) before receiving the grant.
(c)
A qualified charitable clinic that accepts a research grant:
(i)
shall report the results of the nervous system research to the advisory committee;
(ii)
shall provide the committee an itemized list of expenditures for research grant 
money;
(iii)
shall return any unspent research grant money to the fund;
(iv)
subject to Subsection (7)(c)(v), may collaborate with another entity for 
performing the nervous system research;
(v)
may not use research grant money to pay another entity to conduct the project; and
(vi)
may not use research grant money to pay for administrative costs not directly 
associated with the research project.
(7)
(8)
An individual who receives services either paid for from the fund, or through an 
organization under contract with the fund, shall:
(a)
be a resident of Utah;
(b)
have been diagnosed by a qualified professional as having a brain injury
, spinal cord 
injury,
 or other neurological condition which results in impairment of cognitive or 
physical function; and
(c)
have a need that can be met within the requirements of this section.
(8)
(9)
The fund may not duplicate any services or support mechanisms being provided to 
an individual by any other government or private agency.
(9)
(10)
All actual and necessary operating expenses for the Brain and Spinal Cord Injury 
Advisory Committee created in Section 
26B-1-417
 and staff shall be paid by the fund.
Section 2, Section 
26B-1-417
 is amended to read:
26B-1-417
. Brain and Spinal Cord Injury Advisory Committee -- Membership -- 
Duties.
(1)
There is created the Brain and Spinal Cord Injury Advisory Committee within the 
department.
(2)
(a)
The advisory committee shall be composed of the following members:
(i)
an individual employed with the Department of Health and Human Services;
(ii)
an individual who has experienced a neurological condition;
(iii)
an individual who has experienced a brain injury;
(iv)
an individual who has experienced a spinal cord injury;
(v)
a parent of a child who has a neurological condition;
(vi)
a parent or caretaker of an individual who has experienced a brain or spinal cord 
injury;
(vii)
a professional who:
(A)
provides services to adults who have experienced brain or spinal cord injuries; 
and
(B)
does not receive a financial benefit from the fund described in Section 
26B-1-318
;
(viii)
a professional who:
(A)
provides services to children who have a neurological condition; and
(B)
does not receive a financial benefit from the fund described in Section 
26B-1-318
;
(ix)
an individual licensed as a speech-language pathologist under Title 58, Chapter 
41, Speech
-
Language Pathology and Audiology Licensing Act, who works with 
individuals who have experienced a brain injury;
(x)
a representative of an association that advocates for individuals with brain injuries;
(xi)
an individual who conducts research or is familiar with or possesses knowledge 
of research on neurological conditions, brain injuries, or spinal cord injuries;
(xi)
(xii)
a member of the House of Representatives appointed by the speaker of the 
House of Representatives; and
(xii)
(xiii)
a member of the Senate appointed by the president of the Senate.
(b)
Except for members described in 
Subsection (xi) and (xii)
Subsections 
(2)(a)
(xii)
through (xiii)
, the executive director shall appoint members of the advisory 
committee.
(3)
(a)
The
Except as provided in Subsection (3)(f), the
 term of advisory committee 
members shall be four years. 
(b)
If a vacancy occurs in the committee membership for any reason, a replacement shall 
be appointed for the unexpired term in the same manner as the original appointment.
(b)
(c)
The committee shall elect a chairperson from the membership.
(c)
(d)
A majority of the committee constitutes a quorum at any meeting, and, if a 
quorum is present at an open meeting, the action of the majority of members shall be 
the action of the advisory committee.
(d)
(e)
The terms of the advisory committee shall be staggered so that 
approximately 
half of the committee 
members appointed under Subsections 
(2)(b), (d), and (f) shall 
serve an initial two-year term and members appointed under Subsections (2)(c), (e), 
and (g) shall serve four-year terms. Thereafter, members appointed to the advisory 
committee shall serve four-year terms.
(2)(a)(i) through (xi) are appointed every two 
years.
(f)
The executive director may shorten an appointment to comply with Subsection 
(3)
(e).
(4)
The advisory committee shall comply with the procedures and requirements of:
(a)
Title 52, Chapter 4, Open and Public Meetings Act; and
(b)
Title 63G, Chapter 2, Government Records Access and Management
 Act
.
(5)
(a)
A member who is not a legislator may not receive compensation or benefits for 
the member's service, but, at the executive director's discretion, may receive per diem 
and travel expenses as allowed in:
(i)
Section 
63A-3-106
;
(ii)
Section 
63A-3-107
; and
(iii)
rules adopted by the Division of Finance according to Sections 
63A-3-106
 and 
63A-3-107
.
(b)
Compensation and expenses of a member who is a legislator are governed by Section 
36-2-2
 and Legislative Joint Rules, Title 5, Legislative Compensation and Expenses.
(6)
The advisory committee shall:
(a)
establish priorities and criteria for the advisory committee to follow in 
recommending distribution of money from the Brain and Spinal Cord Injury Fund 
created in Section 
26B-1-318
;
(b)
identify, evaluate, and review the quality of care:
(i)
available to:
(A)
individuals with spinal cord and brain injuries; or
(B)
children with non-progressive neurological conditions; and
(ii)
that is provided through qualified charitable clinics, as defined in Section 
26B-1-318
; 
and
(c)
explore, evaluate, and review other possible funding sources and make a 
recommendation to the Legislature regarding sources that would provide adequate 
funding for the advisory committee to accomplish its responsibilities under this 
section
.
;
(d)
on or before each July 1, provide a report to the Health and Human Services Interim 
Committee describing how money in the fund described in Section 
26B-1-318
 was 
used the previous year; and
(e)
meet at least once each quarter.
(7)
Operating expenses for the advisory committee, including the committee's staff, shall be 
paid for only with money from the Brain and Spinal Cord Injury Fund created in Section 
26B-1-318
.
Section 3. 
Effective Date.
This bill takes effect on 
May 7, 2025
.
3-6-25 1:20 PM