Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 363 (2025GS)

Sponsor

Rep. Pierucci, Candice B.

Final action

Governor Signed 3/26/2025

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• requires the Department of Corrections and the county jails to ensure that each female individual admitted to a correctional facility is tested for pregnancy;
• amends the membership of the Correctional Postnatal and Early Childhood Advisory Board (the board);
• extends the repeal date of the board;
• requires the Department of Health and Human Services (department) to publish a privacy consent form pertaining to newborn infant testing;
• requires that the privacy consent form be provided to a newborn infant's parent or guardian prior to conducting a newborn infant heelstick screen;
• makes hearing loss a required newborn infant test, regardless of the number of annual births that occur at the hospital or setting where the infant was born;
• provides for giving a parent or guardian the option to consent to the department's retention policy for biological samples or genetic data collected through newborn infant testing;
• requires the department to destroy a biological sample or any genetic data collected through newborn infant testing; and
• makes technical changes.

Every vote on this bill

Bill text

11
17-22-8
26B-4-319
63I-1-264
64-13-46
64-13-46.1
0
Maternal and Infant Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Candice B. Pierucci
Senate Sponsor: Heidi Balderree
LONG TITLE
General Description:
This bill addresses newborn infant testing.
Highlighted Provisions:
This bill:
requires the Department of Corrections and the county jails to ensure that each female 
individual admitted to a correctional facility is tested for pregnancy;
amends the membership of the Correctional Postnatal and Early Childhood Advisory 
Board (the board);
extends the repeal date of the board;
requires the Department of Health and Human Services (department) to publish a privacy 
consent form pertaining to newborn infant testing;
requires that the privacy consent form be provided to a newborn infant's parent or 
guardian prior to conducting a newborn infant heelstick screen;
makes hearing loss a required newborn infant test, regardless of the number of annual 
births that occur at the hospital or setting where the infant was born; 
provides for giving a parent or guardian the option to consent to the department's 
retention policy for biological samples or genetic data collected through newborn infant 
testing;
requires the department to destroy a biological sample or any genetic data collected 
through newborn infant testing; and
makes technical changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
17-22-8
, as last amended by Laws of Utah 2023, Chapters 119, 420
26B-4-319
, as renumbered and amended by Laws of Utah 2023, Chapter 307
63I-1-264
, as last amended by Laws of Utah 2024, Third Special Session, Chapter 5
64-13-46
, as last amended by Laws of Utah 2024, Chapter 182
64-13-46.1
, as renumbered and amended by Laws of Utah 2024, Chapter 182
Be it enacted by the Legislature of the state of Utah:
Section 1, Section 
17-22-8
 is amended to read:
17-22-8
. Care of prisoners -- Funding of services -- Private contractor.
(1)
As used in this section, "medication assisted treatment plan" means a prescription plan 
to use buprenorphine, methadone, or naltrexone to treat substance use withdrawal 
symptoms or an opioid use disorder.
(2)
Except as provided in Subsection 
(7)
, a sheriff shall:
(a)
receive each individual committed to jail by competent authority;
(b)
provide each prisoner with necessary food, clothing, and bedding in the manner 
prescribed by the county legislative body;
(c)
provide each prisoner medical care when:
(i)
the prisoner's symptoms evidence a serious disease or injury;
(ii)
the prisoner's disease or injury is curable or may be substantially alleviated; and
(iii)
the potential for harm to the person by reason of delay or the denial of medical 
care would be substantial;
(d)
provide each prisoner, as part of the intake process, with the option of continuing any 
of the following medically prescribed methods of contraception:
(i)
an oral contraceptive;
(ii)
an injectable contraceptive;
(iii)
a patch;
(iv)
a vaginal ring; or
(v)
an intrauterine device, if the prisoner was prescribed the intrauterine device 
because the prisoner experiences serious and persistent adverse effects when using 
the methods of contraception described in Subsections 
(2)(d)(i)
 and 
(ii)
;
 and
(e)
cooperate with medical personnel to continue a medication assisted treatment plan 
for an inmate if the inmate was an active client before arrest and commitment
.
; and
(f)
ensure that each female prisoner younger than 50 years old who has been 
incarcerated for longer than 72 hours on a state or local criminal offense is offered, 
which the prisoner may reject, a test for pregnancy.
(3)
A sheriff may provide the generic form of a contraceptive described in Subsection 
(2)(d)(i)
 or 
(ii)
.
(4)
A sheriff shall follow the provisions of Section 
64-13-46
 if a prisoner is pregnant or in 
postpartum recovery
, including the reporting requirements in Subsection 
64-13-45(2)(c)
.
(5)
(a)
Except as provided in Section 
17-22-10
 and Subsection 
(5)(b)
, the expense 
incurred in providing the services required by this section to prisoners shall be paid 
from the county treasury.
(b)
The expense incurred in providing the services described in Subsection 
(2)(d)
 to 
prisoners shall be paid by the Department of Health and Human Services.
(6)
A medication used for a medication assisted treatment plan under Subsection 
(2)(e)
:
(a)
shall be administered to an inmate in accordance with the inmate's prescription under 
the direction of the sheriff;
(b)
may be paid for by a county; and
(c)
may be left or stored at a jail at the discretion of the sheriff.
(7)
If the county executive contracts with a private contractor to provide the services 
required by this section, the sheriff shall provide only those services required of the 
sheriff by the contract between the county and the private contractor.
Section 2, Section 
26B-4-319
 is amended to read:
26B-4-319
. Testing of newborn infants.
(1)
(a)
Except in the case where parents object on the grounds that they are members of a 
specified, well-recognized religious organization whose teachings are contrary to the 
tests required by this section, a newborn infant shall be tested for:
(a)
(i)
phenylketonuria (PKU);
(b)
(ii)
other heritable disorders which may result in an intellectual or physical 
disability or death and for which:
(i)
(A)
a preventive measure or treatment is available; and
(ii)
(B)
there exists a reliable laboratory diagnostic test method;
(c)
(i)
an infant born in a hospital with 100 or more live births annually, hearing 
loss; and
(ii)
an infant born in a setting other than a hospital with 100 or more live births 
annually, hearing loss; and
(iii)
hearing loss; and
(d)
(iv)
critical congenital heart defects using pulse oximetry.
(b)
(i)
Prior to conducting newborn infant testing under this section, information shall 
be provided to the newborn infant's parent or guardian explaining relevant facts 
and information about newborn infant testing and sample storage under this 
section.
(ii)
Prior to conducting a newborn infant heelstick screen under this section, a copy of 
the privacy consent form described in Subsection 
(5)
 shall be provided to the 
newborn infant's parent or guardian.
(iii)
The department may retain, in accordance with the department's retention policy, 
a biological sample and any genetic data, as those terms are defined in Section 
13-60-102
, collected under this section, only if a parent or guardian consents to 
the retention policy on the privacy consent form.
(c)
A biological sample and any genetic data collected under this section shall be 
destroyed:
(i)
according to the department's retention policy; or
(ii)
if the newborn infant's parent or guardian does not consent to the department's 
retention policy, upon completion of the newborn infant's testing under this 
section.
(2)
In accordance with Section 
26B-1-209
, the department may charge fees for:
(a)
materials supplied by the department to conduct tests required under Subsection 
(1)
;
(b)
tests required under Subsection 
(1)
 conducted by the department;
(c)
laboratory analyses by the department of tests conducted under Subsection 
(1)
; and
(d)
the administrative cost of follow-up contacts with the parents or guardians of tested 
infants.
(3)
Tests for hearing loss described in Subsection 
(1)
 shall be based on one or more 
methods approved by the Newborn Hearing Screening Committee created in Section 
26B-1-432
, including:
(a)
auditory brainstem response;
(b)
automated auditory brainstem response; and
(c)
evoked otoacoustic emissions.
(4)
Results of tests for hearing loss described in Subsection 
(1)
 shall be reported to:
(a)
the department; and
(b)
when results of tests for hearing loss under Subsection 
(1)
 suggest that additional 
diagnostic procedures or medical interventions are necessary:
(i)
a parent or guardian of the infant;
(ii)
an early intervention program administered by the department in accordance with 
Part C of the Individuals with Disabilities Education Act, 20 U.S.C. Sec. 1431 et 
seq.; and
(iii)
the Utah Schools for the Deaf and the Blind, created in Section 
53E-8-201
.
(5)
The department shall publish a privacy consent form containing:
(a)
relevant facts and information about:
(i)
the purposes for which the department retains biological samples or any genetic 
data obtained through newborn infant testing; and
(ii)
the department's retention policy for biological samples or any genetic data 
obtained through newborn infant testing; and
(b)
the option for a parent or guardian to indicate consent to the department's retention 
policy.
Section 3, Section 
63I-1-264
 is amended to read:
63I-1-264
. Repeal dates: Title 64.
Section 
64-13-46.1
, Correctional Postnatal and Early Childhood Advisory Board, is 
repealed July 1, 
2025
2027
.
Section 4, Section 
64-13-46
 is amended to read:
64-13-46
. Pregnant inmates.
(1)
As used in this section:
(a)
"Postpartum recovery" means, as determined by the pregnant inmate's physician, the 
period immediately following delivery, including the entire period the inmate is in 
the hospital or health care facility after birth.
(b)
"Restraints" means any physical restraint or mechanical device used to control the 
movement of an inmate's body or limbs, including flex cuffs, soft restraints, shackles, 
or a convex shield.
(c)
(i)
"Shackles" means metal restraints, including leg irons, belly chains, or a 
security or tether chain.
(ii)
"Shackles" does not include hard metal handcuffs.
(2)
The department shall ensure that each female inmate younger than 50 years old is 
offered, which the inmate may reject, a test for pregnancy upon admission, or within a 
reasonable time after admission, to a correctional facility.
(2)
(3)
Subject to Subsections 
(3) and (4)
(4) and (5)
, if the staff of a correctional facility 
knows or has reason to believe that an inmate is pregnant or is in postpartum recovery, 
the staff shall, when restraining the inmate at any time or location, use the least 
restrictive restraints necessary to ensure the safety and security of the inmate and others.
(3)
(4)
A correctional staff member may not use restraints on an inmate during the third 
trimester of pregnancy, labor, or childbirth unless a correctional staff member makes an 
individualized determination that there are compelling grounds to believe that the inmate 
presents:
(a)
an immediate and serious risk of harm to the inmate, the inmate's infant, medical 
staff, correctional staff, or the public; or
(b)
a substantial risk of escape that cannot reasonably be reduced by the use of other 
existing means.
(4)
(5)
Notwithstanding Subsection 
(3)
(4)
, under no circumstances may shackles, leg 
restraints, or waist restraints be used on an inmate during the third trimester of 
pregnancy, labor, childbirth, or postpartum recovery.
(5)
(6)
Correctional staff present during labor or childbirth shall:
(a)
be stationed in a location that offers the maximum privacy to the inmate, while 
taking into consideration safety and security concerns; and
(b)
be female, if practicable.
(6)
(7)
If a correctional staff member authorizes restraints under Subsection 
(2) or (3)
(3) 
or (4)
, the correctional staff member shall make a written record of the authorization and 
use of the restraints that includes:
(a)
an explanation of the grounds for the correctional staff member's authorization on the 
use of restraints;
(b)
the type of restraints that were used; and
(c)
the length of time the restraints were used.
(7)
(8)
The record described in Subsection 
(6)
(7)
:
(a)
shall be retained by the correctional facility for five years;
(b)
shall be available for public inspection with individually identifying information 
redacted; and
(c)
may not be considered a medical record under state or federal law.
(8)
(9)
For a minimum of 48 hours after an inmate has given birth, a correctional facility 
shall, if directed by the inmate's physician, allow the infant to remain with the inmate at 
the health care facility.
(9)
(10)
A correctional facility shall provide:
(a)
an inmate who is pregnant, or who has given birth within the past six weeks, access 
to a social worker to help the inmate:
(i)
arrange childcare;
(ii)
establish a reunification plan; and
(iii)
establish a substance abuse treatment plan, if needed; and
(b)
an inmate in postpartum recovery access to postpartum care for up to 12 weeks as 
determined by the inmate's physician.
(10)
(11)
The department may not create or operate a nursery in a correctional facility to 
provide space for a female inmate and the inmate's child.
Section 5, Section 
64-13-46.1
 is amended to read:
64-13-46.1
. Correctional Postnatal and Early Childhood Advisory Board -- 
Duties -- Rulemaking.
(1)
As used in this part:
(a)
"Advisory board" means the Correctional Postnatal and Early Childhood Advisory 
Board.
(b)
"Correctional facility" means a facility operated by the department or a county 
sheriff that houses inmates in a secure setting.
(c)
"Incarcerated mother" means an inmate who:
(i)
has recently given birth before entering a correctional facility;
(ii)
is pregnant and incarcerated in a correctional facility; or
(iii)
has given birth while incarcerated in a correctional facility.
(2)
The advisory board shall consist of the following members:
(a)
two individuals from the department, appointed by the executive director;
(b)
one individual appointed by the Board of Pardons and Parole; 
(c)
one individual appointed by the president of the Utah Sheriffs' Association;
(d)
one individual representing the Administrative Office of the Courts appointed by the 
Judicial Council;
(e)
one individual appointed by the Statewide Association of Public Attorneys and 
Prosecutors;
(f)
one individual appointed by the Utah Association of Criminal Defense Lawyers;
 and
(d)
(g)
four individuals appointed by the executive director of the Department of Health 
and Human Services, including:
(i)
two
one
 pediatric healthcare 
providers
provider
;
(ii)
one individual with expertise in early childhood development;
(iii)
one individual employed by the Division of Child and Family Services;
 and
(iii)
(iv)
one individual with experience advocating for incarcerated women.
(3)
(a)
Except as provided in Subsection (3)(b), a member of the advisory board shall be 
appointed for a four-year term.
(b)
A member that is appointed to complete an unexpired term may complete the 
unexpired term and serve a subsequent four-year term.
(c)
Appointments and reappointments may be staggered so that one-fourth of the 
advisory board changes each year.
(d)
The advisory board shall annually elect a chair and co-chair of the board from 
among the members of the board
 to serve a two-year term
.
(4)
The advisory board shall meet at least bi-annually, or more frequently as determined by 
the executive director, the chair, or three or more members of the advisory board.
(5)
A majority of the board constitutes a quorum and a vote of the majority of the members 
present constitutes an action of the advisory board.
(6)
A member of the advisory board may not receive compensation or benefits for the 
member's service, but may receive per diem and travel expenses as allowed in:
(a)
Section 
63A-3-106
;
(b)
Section 
63A-3-107
; and
(c)
rules made by the Division of Finance in accordance with Sections 
63A-3-106
 and 
63A-3-107
.
(7)
The advisory board shall:
(a)
review research regarding childhood development and best practices for placing 
infants and incarcerated mothers in a diversion program not located in a correctional 
facility;
(b)
study the costs of implementing a diversion program for infants and incarcerated 
mothers removed from a correctional facility;
(c)
create a provisional plan for implementing a diversion program for infants and 
incarcerated mothers removed from a correctional facility; and
(d)
advise and make recommendations to the department and county sheriffs regarding 
rules and policies for placing an infant or incarcerated mother in a diversion program 
not located in a correctional facility.
(8)
On or before November 30
, 2024
 of each year
, the advisory board shall provide a 
report of the advisory board's research and study under Subsections (7)(a) through (c), 
including any proposed legislation, to:
(a)
the Law Enforcement and Criminal Justice Interim Committee; and
(b)
the 
Executive Offices and 
Criminal Justice Appropriations Subcommittee.
Section 6. 
Effective Date.
This bill takes effect on 
May 7, 2025
.
3-12-25 4:17 PM