Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 434 (2025GS)

Sponsor

Rep. Acton, Cheryl K.

Final action

Governor Signed 3/27/2025

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• defines terms;
• repeals outdated language;
• updates code references;
• provides that the Department of Health and Human Services (department) may examine and audit the expenditures of public funds provided to a local health department;
• addresses the required qualifications for the department's executive director and deputy directors;
• updates the name of a division and an office within the department;
• provides that the executive director of the department may create committees within the department, subject to certain conditions and requirements;
• authorizes the department to access certain records of individuals licensed or certified by the Division of Professional Licensing for specific purposes;
• adds additional items to the list of duties of the department;
• updates language to be consistent with the transfer of certain emergency medical services responsibilities from the department to the Department of Public Safety;
• addresses the administration of stock albuterol by a qualified adult;
• updates references from "targeted case management" to "case managers";
• allows the Office of Public Guardian to have access to certain documents and information, including private, controlled, or protected information, when reasonably necessary to fulfill the office's duties and responsibilities;

Every vote on this bill

Bill text

74
26B-1-201
26B-1-202
26B-1-203
26B-1-204
26B-1-211
26B-1-213
26B-1-216
26B-1-219
26B-1-235
26B-1-334
26B-3-804
26B-4-301
26B-4-406
26B-4-409
26B-4-501
26B-5-101
26B-5-102
26B-5-315
26B-5-319
26B-5-331
26B-5-609
26B-6-210
26B-6-304
26B-6-602
26B-7-102
26B-7-301
26B-8-115
26B-8-118
26B-9-104
53-22-102
53-22-104.2
53-22-105
53G-8-701.6
63I-1-281
80-2-709
0
Health and Human Services Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Cheryl K. Acton
Senate Sponsor: Keven J. Stratton
LONG TITLE
General Description:
This bill amends provisions related to the Department of Health and Human Services.
Highlighted Provisions:
This bill:
defines terms;
repeals outdated language;
updates code references;
provides that the Department of Health and Human Services (department) may examine 
and audit the expenditures of public funds provided to a local health department;
addresses the required qualifications for the department's executive director and deputy 
directors;
updates the name of a division and an office within the department;
provides that the executive director of the department may create committees within the 
department, subject to certain conditions and requirements;
authorizes the department to access certain records of individuals licensed or certified by 
the Division of Professional Licensing for specific purposes;
adds additional items to the list of duties of the department;
updates language to be consistent with the transfer of certain emergency medical services 
responsibilities from the department to the Department of Public Safety;
addresses the administration of stock albuterol by a qualified adult;
updates references from "targeted case management" to "case managers";
allows the Office of Public Guardian to have access to certain documents and 
information, including private, controlled, or protected information, when reasonably 
necessary to fulfill the office's duties and responsibilities;
provides that the Division of Services for People with Disabilities must determine the 
most appropriate, least restrictive setting for an individual with an intellectual disability 
within the division's system;
amends provisions regarding fetal death certificates and certificates of early term stillbirth;
updates code references to reflect the current name of the Office of Substance Use and 
Mental Health within the department;
requires the Office of Recovery Services to review child support guidelines and submit a 
summary of the review to the Judiciary Interim Committee; and
makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
26B-1-201
, as last amended by Laws of Utah 2022, Chapter 255
26B-1-202
, as last amended by Laws of Utah 2024, Chapter 506
26B-1-203
, as renumbered and amended by Laws of Utah 2022, Chapter 255
26B-1-204
, as last amended by Laws of Utah 2024, Chapters 240, 404 and 506
26B-1-211
, as renumbered and amended by Laws of Utah 2022, Chapter 255
26B-1-213
, as renumbered and amended by Laws of Utah 2022, Chapter 255
26B-1-216
, as last amended by Laws of Utah 2024, Chapter 106
26B-1-219
, as last amended by Laws of Utah 2024, Chapter 178
26B-1-235
, as renumbered and amended by Laws of Utah 2023, Chapter 305
26B-1-334
, as enacted by Laws of Utah 2023, Chapter 325
26B-3-804
, as renumbered and amended by Laws of Utah 2023, Chapter 306
26B-4-301
, as last amended by Laws of Utah 2024, Chapter 261
26B-4-406
, as renumbered and amended by Laws of Utah 2023, Chapter 307
26B-4-409
, as last amended by Laws of Utah 2024, Chapter 311
26B-4-501
, as last amended by Laws of Utah 2024, Chapter 257
26B-5-101
, as last amended by Laws of Utah 2024, Chapters 240, 420
26B-5-102
, as last amended by Laws of Utah 2024, Chapters 250, 420
26B-5-315
, as renumbered and amended by Laws of Utah 2023, Chapter 308
26B-5-319
, as renumbered and amended by Laws of Utah 2023, Chapter 308
26B-5-331
, as last amended by Laws of Utah 2024, Chapter 299
26B-5-609
, as last amended by Laws of Utah 2024, Third Special Session, Chapter 5
26B-6-210
, as last amended by Laws of Utah 2024, Chapter 147
26B-6-304
, as last amended by Laws of Utah 2024, Chapter 250
26B-6-602
, as renumbered and amended by Laws of Utah 2023, Chapter 308
26B-7-301
, as last amended by Laws of Utah 2024, Chapters 152, 283
26B-8-115
, as last amended by Laws of Utah 2024, Chapters 113, 295
26B-8-118
, as last amended by Laws of Utah 2024, Chapter 113
26B-9-104
, as last amended by Laws of Utah 2024, Chapter 366
53-22-102
, as last amended by Laws of Utah 2024, Chapter 21
53-22-104.2
, as enacted by Laws of Utah 2024, Chapter 21
53-22-105
, as enacted by Laws of Utah 2024, Chapter 21
53G-8-701.6
, as enacted by Laws of Utah 2024, Chapter 21
63I-1-281
, as enacted by Laws of Utah 2024, Chapter 366
80-2-709
, as renumbered and amended by Laws of Utah 2022, Chapter 334
REPEALS:
26B-7-102
, as renumbered and amended by Laws of Utah 2023, Chapter 308
Be it enacted by the Legislature of the state of Utah:
Section 1, Section 
26B-1-201
 is amended to read:
26B-1-201
. Department of Health and Human Services -- Creation -- Duties.
(1)
There is created within state government the Department of Health and Human 
Services, which has all of the policymaking functions, regulatory and enforcement 
powers, rights, duties, and responsibilities outlined in this title and previously vested in 
the Department of Health and the Department of Human Services.
(2)
Subject to the limitation and grants of authority in state law, the department shall serve 
as the health, health planning, medical assistance, and social services authority of the 
state, and for administration of federally assisted state programs or plans is designated as 
the sole state agency for:
(a)
social service block grants;
(b)
alcohol, drug, and mental health programs, including block grants;
(c)
child welfare;
(d)
state programs supported under the Older Americans Act, 42 U.S.C. Sec. 3001, et 
seq.;
(e)
public health;
(f)
health planning;
(g)
maternal and child health;
(h)
services for individuals with a disability; and
(i)
medical assistance.
(3)
A state plan or program administered by the department:
(a)
shall be developed in the appropriate divisions or offices of the department in 
accordance with applicable requirements of state and federal law; and
(b)
may be amended by the executive director to achieve coordination, efficiency, or 
economy.
(4)
In addition to Subsection 
(1)
, from July 1, 2022, through June 30, 2023, the 
Department of Health and Human Services shall exercise the policymaking functions, 
regulatory and enforcement powers, rights, duties, and responsibilities of the 
Department of Health and the Department of Human Services under:
(a)
Title 26, Utah Health Code
; and
(b)
Title 62A, Utah Human Services Code
.
Section 2, Section 
26B-1-202
 is amended to read:
26B-1-202
. Department authority and duties.
(1)
As used in this section, "public funds" means the same as that term is defined in Section 
26B-5-101
.
(2)
The department may, subject to applicable restrictions in state law and in addition 
to all other authority and responsibility granted to the department by law:
(1)
(a)
adopt rules, in accordance with Title 63G, Chapter 3, Utah Administrative 
Rulemaking Act, and not inconsistent with law, as the department may consider 
necessary or desirable for providing health and social services to the people of this 
state;
(2)
(b)
establish and manage client trust accounts in the department's institutions and 
community programs, at the request of the client or the client's legal guardian or 
representative, or in accordance with federal law;
(3)
(c)
purchase, as authorized or required by law, services that the department is 
responsible to provide for legally eligible persons;
(4)
(d)
conduct adjudicative proceedings for clients and providers in accordance with 
the procedures of Title 63G, Chapter 4, Administrative Procedures Act;
(5)
(e)
establish eligibility standards for the department's programs, not inconsistent 
with state or federal law or regulations;
(6)
(f)
take necessary steps, including legal action, to recover money or the monetary 
value of services provided to a recipient who was not eligible;
(7)
(g)
set and collect fees for the department's services;
(8)
(h)
license agencies, facilities, and programs, except as otherwise allowed, 
prohibited, or limited by law;
(9)
(i)
acquire, manage, and dispose of any real or personal property needed or owned 
by the department, not inconsistent with state law;
(10)
(j)
receive gifts, grants, devises, and donations; gifts, grants, devises, donations, or 
the proceeds thereof, may be credited to the program designated by the donor, and 
may be used for the purposes requested by the donor, as long as the request conforms 
to state and federal policy; all donated funds shall be considered private, nonlapsing 
funds and may be invested under guidelines established by the state treasurer;
(11)
(k)
accept and employ volunteer labor or services; the department is authorized to 
reimburse volunteers for necessary expenses, when the department considers that 
reimbursement to be appropriate;
(12)
(l)
carry out the responsibility assigned in the workforce services plan by the State 
Workforce Development Board;
(13)
(m)
carry out the responsibility assigned by Section 
26B-1-430
 with respect to 
coordination of services for students with a disability;
(14)
(n)
provide training and educational opportunities for the department's staff;
(15)
(o)
collect child support payments and any other money due to the department;
(16)
(p)
apply the provisions of Title 81, Chapter 6, Child Support, to parents whose 
child lives out of the home in a department licensed or certified setting;
(17)
(q)
establish policy and procedures, within appropriations authorized by the 
Legislature, in cases where the Division of Child and Family Services or the Division 
of Juvenile Justice and Youth Services is given custody of a minor by the juvenile 
court under Title 80, Utah Juvenile Code, or the department is ordered to prepare an 
attainment plan for a minor found not competent to proceed under Section 
80-6-403
, 
including:
(a)
(i)
designation of interagency teams for each juvenile court district in the state;
(b)
(ii)
delineation of assessment criteria and procedures;
(c)
(iii)
minimum requirements, and timeframes, for the development and 
implementation of a collaborative service plan for each minor placed in 
department custody; and
(d)
(iv)
provisions for submittal of the plan and periodic progress reports to the court;
(18)
(r)
carry out the responsibilities assigned to the department by statute;
(19)
(s)
as further provided in Subsection 
(3)
, 
examine and audit the expenditures of 
any public funds provided to 
a local health department, 
a local substance abuse 
authority, a local mental health authority, a local area agency on aging, and any 
person, agency, or organization that contracts with or receives funds from those 
authorities or agencies
. Those local authorities, area agencies, and any person or 
entity that contracts with or receives funds from those authorities or area agencies, 
shall provide the department with any information the department considers 
necessary. The department is further authorized to issue directives resulting from any 
examination or audit to a local authority, an area agency, and persons or entities that 
contract with or receive funds from those authorities with regard to any public funds. 
If the department determines that it is necessary to withhold funds from a local 
mental health authority or local substance abuse authority based on failure to comply 
with state or federal law, policy, or contract provisions, the department may take 
steps necessary to ensure continuity of services. For purposes of this Subsection (19) 
"public funds" means the same as that term is defined in Section 
26B-5-101
;
(20)
(t)
in accordance with Subsection 
26B-2-104
(1)(d), accredit one or more agencies 
and persons to provide intercountry adoption services;
(21)
(u)
within legislative appropriations, promote and develop a system of care and 
stabilization services:
(a)
(i)
in compliance with Title 63G, Chapter 6a, Utah Procurement Code; and
(b)
(ii)
that encompasses the department, department contractors, and the divisions, 
offices, or institutions within the department, to:
(i)
(A)
navigate services, funding resources, and relationships to the benefit of 
the children and families whom the department serves;
(ii)
(B)
centralize department operations, including procurement and contracting;
(iii)
(C)
develop policies that govern business operations and that facilitate a 
system of care approach to service delivery;
(iv)
(D)
allocate resources that may be used for the children and families served 
by the department or the divisions, offices, or institutions within the 
department, subject to the restrictions in Section 
63J-1-206
;
(v)
(E)
create performance-based measures for the provision of services; and
(vi)
(F)
centralize other business operations, including data matching and sharing 
among the department's divisions, offices, and institutions;
(22)
(v)
ensure that any training or certification required of a public official or public 
employee, as those terms are defined in Section 
63G-22-102
, complies with Title 
63G, Chapter 22, State Training and Certification Requirements, if the training or 
certification is required:
(a)
(i)
under this title;
(b)
(ii)
by the department; or
(c)
(iii)
by an agency or division within the department;
(23)
(w)
enter into cooperative agreements with the Department of Environmental 
Quality to delineate specific responsibilities to assure that assessment and 
management of risk to human health from the environment are properly administered;
(24)
(x)
consult with the Department of Environmental Quality and enter into 
cooperative agreements, as needed, to ensure efficient use of resources and effective 
response to potential health and safety threats from the environment, and to prevent 
gaps in protection from potential risks from the environment to specific individuals 
or population groups;
(25)
(y)
to the extent authorized under state law or required by federal law, promote and 
protect the health and wellness of the people within the state;
(26)
(z)
establish, maintain, and enforce rules authorized under state law or required by 
federal law to promote and protect the public health or to prevent disease and illness;
(27)
(aa)
investigate the causes of epidemic, infectious, communicable, and other 
diseases affecting the public health;
(28)
(bb)
provide for the detection and reporting of communicable, infectious, acute, 
chronic, or any other disease or health hazard which the department considers to be 
dangerous, important, or likely to affect the public health;
(29)
(cc)
collect and report information on causes of injury, sickness, death, and 
disability and the risk factors that contribute to the causes of injury, sickness, death, 
and disability within the state;
(30)
(dd)
collect, prepare, publish, and disseminate information to inform the public 
concerning the health and wellness of the population, specific hazards, and risks that 
may affect the health and wellness of the population and specific activities which 
may promote and protect the health and wellness of the population;
(31)
(ee)
abate nuisances when necessary to eliminate sources of filth and infectious 
and communicable diseases affecting the public health;
(32)
(ff)
make necessary sanitary and health investigations and inspections in 
cooperation with local health departments as to any matters affecting the public 
health;
(33)
(gg)
establish laboratory services necessary to support public health programs and 
medical services in the state;
(34)
(hh)
establish and enforce standards for laboratory services which are provided by 
any laboratory in the state when the purpose of the services is to protect the public 
health;
(35)
(ii)
cooperate with the Labor Commission to conduct studies of occupational 
health hazards and occupational diseases arising in and out of employment in 
industry, and make recommendations for elimination or reduction of the hazards;
(36)
(jj)
cooperate with the local health departments, the Department of Corrections, 
the Administrative Office of the Courts, the Division of Juvenile Justice and Youth 
Services, and the Utah Office for Victims of Crime to conduct testing for HIV 
infection of alleged sexual offenders, convicted sexual offenders, and any victims of 
a sexual offense;
(37)
(kk)
investigate the causes of maternal and infant mortality;
(38)
(ll)
establish, maintain, and enforce a procedure requiring the blood of adult 
pedestrians and drivers of motor vehicles killed in highway accidents be examined 
for the presence and concentration of alcohol, and provide the Commissioner of 
Public Safety with monthly statistics reflecting the results of these examinations, with 
necessary safeguards so that information derived from the examinations is not used 
for a purpose other than the compilation of these statistics;
(39)
(mm)
establish qualifications for individuals permitted to draw blood under 
Subsection 
41-6a-523
(1)(a)(vi), 
53-10-405
(2)(a)(vi), 
72-10-502
(5)(a)(vi), or 
77-23-213
(3)(a)(vi), and to issue permits to individuals the department finds 
qualified, which permits may be terminated or revoked by the department;
(40)
(nn)
establish a uniform public health program throughout the state which includes 
continuous service, employment of qualified employees, and a basic program of 
disease control, vital and health statistics, sanitation, public health nursing, and other 
preventive health programs necessary or desirable for the protection of public health;
(41)
(oo)
conduct health planning for the state;
(42)
(pp)
monitor the costs of health care in the state and foster price competition in the 
health care delivery system;
(43)
(qq)
establish methods or measures for health care providers, public health entities, 
and health care insurers to coordinate among themselves to verify the identity of the 
individuals the providers serve;
(44)
(rr)
designate Alzheimer's disease and related dementia as a public health issue 
and, within budgetary limitations, implement a state plan for Alzheimer's disease and 
related dementia by incorporating the plan into the department's strategic planning 
and budgetary process;
(45)
(ss)
coordinate with other state agencies and other organizations to implement the 
state plan for Alzheimer's disease and related dementia;
(46)
(tt)
ensure that any training or certification required of a public official or public 
employee, as those terms are defined in Section 
63G-22-102
, complies with Title 
63G, Chapter 22, State Training and Certification Requirements, if the training or 
certification is required by the agency or under this Title 26B, Utah Health and 
Human Services Code;
(47)
(uu)
oversee public education vision screening as described in Section 
53G-9-404
;
(48)
(vv)
issue code blue alerts in accordance with Title 35A, Chapter 16, Part 7, Code 
Blue Alert; and
(49)
(ww)
as allowed by state and federal law, share data with the Office of Families 
that is relevant to the duties described in Subsection 
26B-1-243(4)
, which may 
include, to the extent available:
(a)
(i)
demographic data concerning family structures in the state; and
(b)
(ii)
data regarding the family structure associated with:
(i)
(A)
suicide, depression, or anxiety; and
(ii)
(B)
various health outcomes.
(3)
(a)
Under Subsection 
(2)(s)
, those local departments, local authorities, area agencies, 
and any person or entity that contracts with or receives funds from those departments, 
authorities, or area agencies, shall provide the department with any information the 
department considers necessary.
(b)
The department is further authorized to issue directives resulting from any 
examination or audit to a local department, local authority, an area agency, and 
persons or entities that contract with or receive funds from those departments, 
authorities, or agencies with regard to any public funds.
(c)
If the department determines that it is necessary to withhold funds from a local health 
department, local mental health authority, or local substance abuse authority based on 
failure to comply with state or federal law, policy, or contract provisions, the 
department may take steps necessary to ensure continuity of services.
Section 3, Section 
26B-1-203
 is amended to read:
26B-1-203
. Executive director -- Appointment -- Compensation -- Qualifications 
-- Deputy directors required -- Responsibilities.
(1)
(a)
The chief administrative officer of the department is the executive director, who 
shall be appointed by the governor with the advice and consent of the Senate.
(b)
The executive director may be removed at the will of the governor.
(c)
The executive director shall receive a salary established by the governor within the 
salary range fixed by the Legislature in 
Title 67, Chapter 22, State Officer 
Compensation
.
(2)
The executive director shall be experienced in administration, management, and 
coordination of complex organizations.
(3)
If the executive director is not a physician, the
The
 executive director or a deputy 
director shall:
(a)
be informed and experienced in public health;
(b)
have successfully completed at least a master's degree of public health or public 
administration from an accredited school of public health or from an accredited 
program of public health or public administration; and
(c)
(i)
have at least five years of professional full-time experience, of which at least 
two years have been in public health in a senior level administrative capacity; or
(ii)
have at least five years of professional full-time experience in public health 
programs, of which at least three years have been in a senior level administrative 
capacity.
(4)
The
If the executive director is not a physician, the
 executive director shall appoint a 
deputy director of the department who
:
(a)
shall have successfully completed at least one year's graduate work in an accredited 
school of public health or an accredited program of public health;
(b)
shall have at least five years of professional full-time experience in public health 
programs; and
(c)
is a physician licensed to practice medicine in the state with experience in public 
health.
(5)
The executive director is responsible for:
(a)
administration and supervision of the department;
(b)
coordination of policies and program activities conducted through the boards, 
divisions, and offices of the department;
(c)
approval of the proposed budget of each board, division, and office within the 
department; and
(d)
other duties as the Legislature or governor shall assign to the executive director.
(6)
The executive director may appoint deputy or assistant directors to assist the executive 
director in carrying out the department's responsibilities.
Section 4, Section 
26B-1-204
 is amended to read:
26B-1-204
. Creation of boards, divisions, and offices -- Power to establish 
committees.
(1)
The executive director shall make rules in accordance with Title 63G, Chapter 3, Utah 
Administrative Rulemaking Act, and not inconsistent with law for:
(a)
the administration and government of the department;
(b)
the conduct of the department's employees; and
(c)
the custody, use, and preservation of the records, papers, books, documents, and 
property of the department.
(2)
The following policymaking boards, councils, and committees are created within the 
Department of Health and Human Services:
(a)
Board of Aging and Adult Services;
(b)
Utah State Developmental Center Board;
(c)
Health Facility Committee;
(d)
Health Data Committee;
(e)
Child Care Provider Licensing Committee;
(f)
Adult Autism Treatment Program Advisory Committee;
(g)
Youth Electronic Cigarette, Marijuana, and Other Drug Prevention Committee; and
(h)
any boards, councils, or committees that are created by statute in this title.
(3)
The following divisions and offices are created within the Department of Health and 
Human Services:
(a)
relating to operations:
(i)
the Division of Finance and Administration;
(ii)
the Division of Licensing and Background Checks;
(iii)
the Division of Customer Experience;
(iv)
the Division of Data, Systems, and Evaluation; and
(v)
the Division of Continuous Quality and Improvement;
(b)
relating to healthcare administration:
(i)
the Division of Integrated Healthcare, which shall include responsibility for:
(A)
the state's medical assistance programs; and
(B)
behavioral health programs described in Chapter 5, Health Care - Substance 
Use and Mental Health;
(ii)
the Division of Aging and Adult Services; and
(iii)
the Division of Services for People with Disabilities;
(c)
relating to community health and well-being:
(i)
the Division of Child and Family Services;
(ii)
the Division of Family Health;
(iii)
the Division of Population Health;
(iv)
the Division of Juvenile Justice and Youth Services;
(v)
the Office of Families; and
(vi)
the Office of Recovery Services; and
(d)
relating to clinical services
, the Division of Health Access.
:
(i)
the Division of Correctional Health Services; and
(ii)
the Office of the Medical Examiner.
(4)
(a)
The executive director may
:
(i)
establish offices to facilitate management of the department as required by, and in 
accordance with this title
.
; or
(ii)
establish one or more committees within the department if each established 
committee is:
(A)
essential to the operation of the department; or
(B)
required to review or discuss protected health information or other similarly 
sensitive materials to accomplish the committee's responsibilities.
(b)
If the executive director creates a committee under Subsection 
(4)(a)(ii)
, within six 
months after the executive director creates the committee, the executive director shall 
notify the Health and Human Services Interim Committee, in writing, of:
(i)
the creation of the committee;
(ii)
the committee's responsibilities; and
(iii)
the membership of the committee.
(c)
The executive director shall provide a report to the Health and Human Services 
Interim Committee on or before August 1 each year that describes each ongoing, 
operational committee created by the executive director under Subsection 
(4)
(a)(ii).
(5)
From July 1, 2022, through June 30, 2023, the executive director may adjust the 
organizational structure relating to the department, including the organization of the 
department's divisions and offices, notwithstanding the organizational structure 
described in this title.
Section 5, Section 
26B-1-211
 is amended to read:
26B-1-211
. Background checks for employees -- Access to abuse and neglect 
information to screen employees and volunteers.
(1)
As used in this section, "bureau" means the Bureau of Criminal Identification created in 
Section 
53-10-201
.
(2)
Beginning July 1, 2018, the department may require a fingerprint-based local, regional, 
and national criminal history background check and ongoing monitoring of:
(a)
all staff, contracted employees, and volunteers who:
(i)
have access to protected health information or personal identifying information;
(ii)
have direct access to patients, children, or vulnerable adults as defined in Section 
26B-2-101
;
(iii)
work in areas of privacy and data security;
(iv)
handle financial information, including receipt of funds, reviewing invoices, 
making payments, and other types of financial information; and
(v)
perform audit functions, whether internal or external, on behalf of the department; 
and
(b)
job applicants who have been offered a position with the department and the job 
requirements include those described in Subsection 
(2)(a)
.
(3)
Beginning July 1, 2022, for the purposes described in Subsection 
(2)
, the department 
may also access:
(a)
the department's Management Information System created in Section 
80-2-1001
;
(b)
the department's Licensing Information System created in Section 
80-2-1002
;
(c)
the statewide database of the Division of Aging and Adult Services created by 
Section 
26B-6-210
;
 and
(d)
juvenile court records under Subsection 
80-3-404(4)
.
; and
(e)
licensing and certification records of individuals licensed or certified by the Division 
of Professional Licensing under Title 58, Occupations and Professions.
(4)
Each individual in a position listed in Subsection 
(2)
 shall provide a completed 
fingerprint card to the department upon request.
(5)
The department shall require that an individual required to submit to a background 
check under Subsection 
(4)
 provide a signed waiver on a form provided by the 
department that meets the requirements of Subsection 
53-10-108(4)
.
(6)
For a noncriminal justice background search and registration in accordance with 
Subsection 
53-10-108(13)
, the department shall submit to the bureau:
(a)
the applicant's personal identifying information and fingerprints for a criminal 
history search of applicable local, regional, and national databases; and
(b)
a request for all information received as a result of the local, regional, and 
nationwide background check.
(7)
The department is responsible for the payment of all fees required by Subsection 
53-10-108(15)
 and any fees required to be submitted to the Federal Bureau of 
Investigation by the bureau.
(8)
The department may make rules in accordance with 
Title 63G, Chapter 3, Utah 
Administrative Rulemaking Act
, that:
(a)
determine how the department will assess the employment status of an individual 
upon receipt of background information;
(b)
determine when an individual would be disqualified from holding a position based 
on:
(i)
the type of crimes and the severity of those crimes; or
(ii)
one or more substantiated or supported findings of abuse, neglect, or exploitation; 
and
(c)
identify the appropriate privacy risk mitigation strategy to be used in accordance 
with Subsection 
53-10-108(13)(b)
.
Section 6, Section 
26B-1-213
 is amended to read:
26B-1-213
. Department and committee rules and proceedings.
(1)
(a)
Except in areas 
subject to concurrence between the department and a committee 
created under this title
 , 
Title 26, Utah Health Code
, or 
Title 62A, Utah Human 
Services Code
, the department shall have the power to adopt, amend, or rescind 
rules necessary to carry out the provisions of this title.
(b)
If the adoption of rules under a provision of this title is subject to concurrence 
between the department and a committee created under this title and no concurrence 
can be reached, the department has final authority to adopt, amend, or rescind rules 
necessary to carry out the provisions of this title. 
(c)
When the provisions of this title require concurrence between the department and a 
committee created under this title:
(i)
the department shall report to and update the committee on a regular basis related 
to matters requiring concurrence; and 
(ii)
the committee shall review the report submitted by the department under this 
Subsection 
(1)(c)
 and shall:
(A)
concur with the report; or 
(B)
provide a reason for not concurring with the report and provide an alternative 
recommendation to the department. 
(2)
Rules shall have the force and effect of law and may deal with matters which materially 
affect the security of health or the preservation and improvement of public health in the 
state, and any matters as to which jurisdiction is conferred upon the department by this 
title.
(3)
Every rule adopted by the department, or by the concurrence of the department and a 
committee established under Section 
26B-1-204
, is subject to 
Title 63G, Chapter 3, Utah 
Administrative Rulemaking Act
, and is effective at the time and in the manner provided 
in that act.
(4)
If, at the next general session of the Legislature following the filing of a rule with the 
legislative research director, the Legislature passes a bill disapproving such rule, the rule 
shall be null and void.
(5)
The department, or the department in concurrence with a committee created under 
Section 
26B-1-204
, may not adopt a rule identical to a rule disapproved under 
Subsection 
(4)
 of this section before the beginning of the next general session of the 
Legislature following the general session at which the rule was disapproved.
(6)
The department and all committees, boards, divisions, and offices created under this title
, 
Title 26, Utah Health Code
, or 
Title 62A, Utah Human Services Code
,
 shall comply 
with the procedures and requirements of 
Title 63G, Chapter 4, Administrative 
Procedures Act
, in any adjudicative proceedings.
(7)
(a)
The department may hold hearings, administer oaths, subpoena witnesses, and 
take testimony in matters relating to the exercise and performance of the powers and 
duties vested in or imposed upon the department.
(b)
The department may, at the department's sole discretion, contract with any other 
agency or department of the state to conduct hearings in the name of the department.
Section 7, 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
;
(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 and provide results of blood or urine 
samples submitted to the department as part of an investigation for a driving offense 
that may have occurred and there is reason to believe the individual's blood or urine 
may contain:
(i)
alcohol; or
(ii)
other drugs or substances that the department reasonably determines could impair 
an individual or that is illegal for the individual to possess or consume; and
(b)
ensure that the results of the test described in Subsection (4)(a) are provided through 
a secure medium and in a timely manner
.
;
(5)
use available data to structure programs and activities to ensure populations have access 
to health and wellness education, information, resources, and services;
(6)
efficiently use funding and resources to promote health and safety; and
(7)
include an understanding of the impacted populations and supporting data in staff 
training.
Section 8, Section 
26B-1-219
 is amended to read:
26B-1-219
. Requirements for issuing, recommending, or facilitating rationing 
criteria.
(1)
As used in this section:
(a)
"Health care resource" means:
(i)
health care as defined in Section 
78B-3-403
;
(ii)
a prescription drug as defined in Section 
58-17b-102
;
(iii)
a prescription device as defined in Section 
58-17b-102
;
(iv)
a nonprescription drug as defined in Section 
58-17b-102
; or
(v)
any supply or treatment that is intended for use in the course of providing health 
care as defined in Section 
78B-3-403
.
(b)
(i)
"Rationing criteria" means any requirement, guideline, process, or 
recommendation regarding:
(A)
the distribution of a scarce health care resource; or
(B)
qualifications or criteria for a person to receive a scarce health care resource.
(ii)
"Rationing criteria" includes crisis standards of care with respect to any health 
care resource.
(c)
"Scarce health care resource" means a health care resource:
(i)
for which the need for the health care resource in the state or region significantly 
exceeds the available supply of that health care resource in that state or region;
(ii)
that, based on the circumstances described in Subsection (1)(c)(i), is distributed 
or provided using written requirements, guidelines, processes, or 
recommendations as a factor in the decision to distribute or provide the health care 
resource; and
(iii)
that the federal government has allocated to the state to distribute.
(2)
(a)
On or before July 1, 2022, the department shall make rules in accordance with 
Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to establish a procedure 
that the department will follow to adopt, modify, require, facilitate, or recommend 
rationing criteria.
(b)
Beginning July 1, 2022, the department may not adopt, modify, require, facilitate, or 
recommend rationing criteria unless the department follows the procedure established 
by the department under Subsection (2)(a).
(3)
The procedures developed by the department under Subsection (2) shall include, at a 
minimum:
(a)
a requirement that the department notify the following individuals in writing before 
rationing criteria are issued, are recommended, or take effect:
(i)
the Rules Review and General Oversight Committee created in Section 
36-35-102
;
(ii)
the governor or the governor's designee;
(iii)
the president of the Senate or the president's designee;
(iv)
the speaker of the House of Representatives or the speaker's designee;
(v)
the executive director or the executive director's designee; and
(vi)
if rationing criteria affect hospitals in the state, a representative of an association 
representing hospitals throughout the state, as designated by the executive 
director; and
(b)
procedures for an emergency circumstance which shall include, at a minimum:
(i)
a description of the circumstances under which emergency procedures described 
in this Subsection (3)(b) may be used; and
(ii)
a requirement that the department notify the individuals described in Subsections 
(3)(a)(i) through (vi) as soon as practicable, but no later than 48 hours after the 
rationing criteria take effect.
(4)
(a)
Within 30 days after March 22, 2022, the department shall send to the Rules 
Review and General Oversight Committee all rationing criteria that:
(i)
were adopted, modified, required, facilitated, or recommended by the department 
prior to March 22, 2022; and
(ii)
on March 22, 2022, were in effect and in use to distribute or qualify a person to 
receive scarce health care resources.
(b)
During the 2022 interim, the Rules Review and General Oversight Committee shall, 
under Subsection 
36-35-102
(3)(c), review each of the rationing criteria submitted by 
the department under this Subsection (4).
(5)
(4)
The requirements described in this section and rules made under this section shall 
apply regardless of whether rationing criteria:
(a)
have the force and effect of law, or is solely advisory, informative, or descriptive;
(b)
are carried out or implemented directly or indirectly by the department or by other 
individuals or entities; or
(c)
are developed solely by the department or in collaboration with other individuals or 
entities.
(6)
(5)
This section:
(a)
may not be suspended under Section 
53-2a-209
 or any other provision of state law 
relating to a state of emergency;
(b)
does not limit a private entity from developing or implementing rationing criteria; and
(c)
does not require the department to adopt, modify, require, facilitate, or recommend 
rationing criteria that the department does not determine to be necessary or 
appropriate.
(7)
(6)
Subsection (2) does not apply to rationing criteria that are adopted, modified, 
required, facilitated, or recommended by the department:
(a)
through the regular, non-emergency rulemaking procedure described in Section 
63G-3-301
;
(b)
if the modification is solely to correct a technical error in rationing criteria such as 
correcting obvious errors and inconsistencies including those involving punctuation, 
capitalization, cross references, numbering, and wording;
(c)
to the extent that compliance with this section would result in a direct violation of 
federal law;
(d)
that are necessary for administration of the Medicaid program;
(e)
if state law explicitly authorizes the department to engage in rulemaking to establish 
rationing criteria; or
(f)
if rationing criteria are authorized directly through a general appropriation bill that is 
validly enacted.
Section 9, Section 
26B-1-235
 is amended to read:
26B-1-235
. Request for proposal required for non-state supplied services.
(1)
As used in this section:
(a)
"AED" means the same as that term is defined in Section 
26B-4-325
.
(b)
"Office" means the Office of Emergency Medical Services and Preparedness within 
the department.
(c)
"Sudden cardiac arrest" means the same as that term is defined in Section 
26B-4-325
.
(2)
(1)
Funds provided to the department through Sections 
51-9-201
 and 
59-14-204
 to be 
used to provide services, shall be awarded to non-governmental entities based on a 
competitive process consistent with 
Title 63G, Chapter 6a, Utah Procurement Code
.
(3)
(2)
Beginning July 1, 2010, and not more than every five years thereafter, the 
department shall issue requests for proposals for new or renewing contracts to award 
funding for programs under Subsection 
(1)
.
Section 10, Section 
26B-1-334
 is amended to read:
26B-1-334
. Licensed Provider Assessment Fund -- Creation -- Deposits -- Uses.
(1)
There is created an expendable special revenue fund known as the "Licensed Provider 
Assessment Fund" consisting of:
(a)
the assessments collected under, and any interest and penalties levied with the 
administration of:
(i)
Title 26B, Chapter 2, Part 2, Health Care Facility Licensing and Inspection
 Act
Chapter 2, Part 2, Health Care Facility Licensing and Inspection
;
(ii)
Title 26B, Chapter 1, Part 4, Child Care Licensing
Chapter 2, Part 1, Human 
Services Programs and Facilities
; and
(iii)
Title 26B, Chapter 2, Part 1, Human Services Programs and Facilities
Chapter 
2, Part 4, Child Care Licensing
;
(b)
money appropriated or otherwise made available by the Legislature; and
(c)
any interest earned on the fund.
(2)
Money in the fund may only be used by the department:
(a)
for upgrades to and maintenance of licensing databases and applications;
(b)
for training for providers and staff;
(c)
to assist individuals during a facility shutdown; or
(d)
for administrative expenses, if the administrative expenses for the fiscal year do not 
exceed 3% of the money deposited into the fund during the fiscal year.
Section 11, Section 
26B-3-804
 is amended to read:
26B-3-804
. Medicaid ambulance service provider adjustment under 
fee-for-service rates.
The division shall, if the assessment imposed by this part is approved by the Centers for 
Medicare and Medicaid Services, for fee-for-service rates effective on or after July 1, 2015, 
reimburse an ambulance service provider in an amount up to the Emergency Medical Services 
Ambulance Rates adopted annually by the 
department
Department of Public Safety
.
Section 12, Section 
26B-4-301
 is amended to read:
26B-4-301
. Definitions.
As used in this part:
(1)
"Committee" means the Primary Care Grant Committee described in Section 
26B-1-410
.
(2)
"Community based organization":
(a)
means a private entity; and
(b)
includes for profit and not for profit entities.
(3)
"Cultural competence" means a set of congruent behaviors, attitudes, and policies that 
come together in a system, agency, or profession and enables that system, agency, or 
profession to work effectively in cross-cultural situations.
(4)
"Emergency medical dispatch center" means a public safety answering point, as 
defined in Section 
63H-7a-103
, that is designated as an emergency medical dispatch 
center by the office
.
(5)
(4)
"Health literacy" means the degree to which an individual has the capacity to 
obtain, process, and understand health information and services needed to make 
appropriate health decisions.
(6)
(5)
"Institutional capacity" means the ability of a community based organization to 
implement public and private contracts.
(7)
(6)
"Medically underserved population" means the population of an urban or rural area 
or a population group that the committee determines has a shortage of primary health 
care.
(8)
"Office" means the Office of Emergency Medical Services and Preparedness within the 
department.
(9)
(7)
"Pregnancy support services" means services that:
(a)
encourage childbirth instead of voluntary termination of pregnancy; and
(b)
assist pregnant women, or women who may become pregnant, to choose childbirth 
whether they intend to parent or select adoption for the child.
(10)
(8)
"Primary care grant" means a grant awarded by the department under Subsection 
26B-4-310
(1).
(11)
(9)
(a)
"Primary health care" means:
(i)
basic and general health care services given when a person seeks assistance to 
screen for or to prevent illness and disease, or for simple and common illnesses 
and injuries; and
(ii)
care given for the management of chronic diseases.
(b)
"Primary health care" includes:
(i)
services of physicians, nurses, physician's assistants, and dentists licensed to 
practice in this state under Title 58, Occupations and Professions;
(ii)
diagnostic and radiologic services;
(iii)
preventive health services including perinatal services, well-child services, and 
other services that seek to prevent disease or its consequences;
(iv)
emergency medical services;
(v)
preventive dental services; and
(vi)
pharmaceutical services.
Section 13, Section 
26B-4-406
 is amended to read:
26B-4-406
. Voluntary participation.
(1)
Sections 
26B-4-406
 through 
26B-4-411
 do not create a duty or standard of care for:
(a)
a person to be trained in the use and storage of epinephrine auto-injectors or stock 
albuterol; or
(b)
except as provided in Subsection 
(5)
, a qualified epinephrine auto-injector entity to 
store epinephrine auto-injectors or a qualified stock albuterol entity to store stock 
albuterol on its premises.
(2)
Except as provided in Subsections 
(3)
 and 
(5)
, a decision by a person to successfully 
complete a training program under Section 
26B-4-407
 or 
26B-4-408
 and to make 
emergency epinephrine auto-injectors or stock albuterol available under the provisions 
of Sections 
26B-4-406
 through 
26B-4-411
 is voluntary.
(3)
A school, school board, or school official may not prohibit or dissuade a teacher or 
other school employee at a primary or secondary school in the state, either public or 
private, from:
(a)
completing a training program under Section 
26B-4-407
 or 
26B-4-408
;
(b)
possessing or storing an epinephrine auto-injector or stock albuterol on school 
property if:
(i)
the teacher or school employee is a qualified adult; and
(ii)
the possession and storage is in accordance with the training received under 
Section 
26B-4-407
 or 
26B-4-408
; or
(c)
administering an epinephrine auto-injector or stock albuterol to any person, if:
(i)
the teacher or school employee is a qualified adult; and
(ii)
the administration is in accordance with the training received under Section 
26B-4-407
 or 
26B-4-408
.
(4)
A school, school board, or school official may encourage a teacher or other school 
employee to volunteer to become a qualified adult.
(5)
(a)
Each primary or secondary school in the state, both public and private, shall make 
an emergency epinephrine auto-injector available to any teacher or other school 
employee who:
(i)
is employed at the school; and
(ii)
is a qualified adult.
(b)
This section does not require a school described in Subsection 
(5)(a)
 to keep more 
than one emergency epinephrine auto-injector on the school premises, so long as it 
may be quickly accessed by a teacher or other school employee, who is a qualified 
adult, in the event of an emergency.
(6)
(a)
Each primary or secondary school in the state, both public and private, may make 
stock albuterol available to any school employee who:
(i)
is employed at the school; and
(ii)
is a qualified adult.
(b)
A qualified adult may administer stock albuterol to a student who:
(i)
has a diagnosis of asthma by a health care provider;
(ii)
except as provided in Subsection 
(6)(d)
, 
has a current asthma action plan on file 
with the school; and
(iii)
except as provided in Subsection 
(6)(d)
, 
is showing symptoms of an asthma 
emergency as described in the student's asthma action plan.
(c)
This Subsection 
(6)
 may not be interpreted to relieve a student's parent or guardian of 
providing a student's medication or create an expectation that a school will have stock 
albuterol available.
(d)
A qualified adult may administer stock albuterol to any student who appears to be 
experiencing respiratory distress or an asthma emergency on the qualified adult's 
training under Section 
26-4-408
 and regardless of whether a current asthma plan is on 
file.
(7)
No school, school board, or school official shall retaliate or otherwise take adverse 
action against a teacher or other school employee for:
(a)
volunteering under Subsection 
(2)
;
(b)
engaging in conduct described in Subsection 
(3)
; or
(c)
failing or refusing to become a qualified adult.
Section 14, Section 
26B-4-409
 is amended to read:
26B-4-409
. Authority to obtain and use an epinephrine auto-injector or stock 
albuterol.
(1)
The school district physician, a department health care provider, the medical director of 
the local health department, or the local emergency medical services director may 
provide a prescription for the following if requested by a qualified adult, who is a 
teacher or other school employee at a public or private primary or secondary school in 
the state, or a school nurse:
(a)
epinephrine auto-injectors for use in accordance with this part; or
(b)
stock albuterol for use in accordance with this part.
(2)
(a)
A qualified adult may obtain an epinephrine auto-injector for use in accordance 
with this part that is dispensed by:
(i)
a pharmacist as provided under Section 
58-17b-1004
; or
(ii)
a pharmacy intern as provided under Section 
58-17b-1004
.
(b)
A qualified adult may obtain stock albuterol for use in accordance with this part that 
is dispensed by:
(i)
a pharmacist as provided under Section 
58-17b-1004
; or
(ii)
a pharmacy intern as provided under Section 
58-17b-1004
.
(3)
A qualified adult:
(a)
may immediately administer an epinephrine auto-injector to a person exhibiting 
potentially life-threatening symptoms of anaphylaxis when a physician or physician 
assistant is not immediately available; and
(b)
shall initiate emergency medical services or other appropriate medical follow-up in 
accordance with the training materials retained under Section 
26B-4-407
 after 
administering an epinephrine auto-injector.
(4)
(a)
If a school nurse is not immediately available, a qualified adult
:
(a)
may immediately administer stock albuterol to an individual who:
(i)
has a diagnosis of asthma by a health care provider;
(ii)
has a current asthma action plan on file with the school; and
(iii)
is showing symptoms of an asthma emergency as described in the student's 
asthma action plan
; and
.
(b)
If a school nurse is not immediately available and an individual does not have a 
current asthma action plan described in Subsection 
(4)(a)
, a qualified adult may 
administer stock albuterol to the individual if the qualified adult identifies, based on 
the training received under Section 
26B-4-408
, that the individual is experiencing an 
asthma emergency.
(c)
A qualified adult that administers stock albuterol under this Subsection 
(4)
shall 
initiate appropriate medical follow-up in accordance with the training materials 
retained under Section 
26B-4-408
 after administering stock albuterol.
(5)
(a)
A qualified entity that complies with Subsection (5)(b) or (c), may obtain a supply 
of epinephrine auto-injectors or stock albuterol, respectively, from a pharmacist 
under Section 
58-17b-1004
, or a pharmacy intern under Section 
58-17b-1004
 for:
(i)
storing:
(A)
the epinephrine auto-injectors on the qualified epinephrine auto-injector 
entity's premises; and
(B)
stock albuterol on the qualified stock albuterol entity's premises; and
(ii)
use by a qualified adult in accordance with Subsection (3) or (4).
(b)
A qualified epinephrine auto-injector entity shall:
(i)
designate an individual to complete an initial and annual refresher training 
program regarding the proper storage and emergency use of an epinephrine 
auto-injector available to a qualified adult; and
(ii)
store epinephrine auto-injectors in accordance with the standards established by 
the department in Section 
26B-4-411
.
(c)
A qualified stock albuterol entity shall:
(i)
designate an individual to complete an initial and annual refresher training 
program regarding the proper storage and emergency use of stock albuterol 
available to a qualified adult; and
(ii)
store stock albuterol in accordance with the standards established by the 
department in Section 
26B-4-411
.
Section 15, Section 
26B-4-501
 is amended to read:
26B-4-501
. Definitions.
As used in this part:
(1)
"Controlled substance" means the same as that term is defined in Title 58, Chapter 37, 
Utah Controlled Substances Act.
(2)
"Critical access hospital" means a critical access hospital that meets the criteria of 42 
U.S.C. Sec. 1395i-4(c)(2)
 (1998)
.
(3)
"Designated facility" means:
(a)
a freestanding urgent care center;
(b)
a general acute hospital; or
(c)
a critical access hospital.
(4)
"Dispense" means the same as that term is defined in Section 
58-17b-102
.
(5)
"Division" means the Division of Professional Licensing created in Section 
58-1-103
.
(6)
"Emergency contraception" means the use of a substance, approved by the United States 
Food and Drug Administration, to prevent pregnancy after sexual intercourse.
(7)
"Freestanding urgent care center" means the same as that term is defined in Section 
59-12-801
.
(8)
"General acute hospital" means the same as that term is defined in Section 
26B-2-201
.
(9)
"Health care facility" means a hospital, a hospice inpatient residence, a nursing facility, 
a dialysis treatment facility, an assisted living residence, an entity that provides home- 
and community-based services, a hospice or home health care agency, or another facility 
that provides or contracts to provide health care services, which facility is licensed under 
Chapter 2, Part 2, Health Care Facility Licensing and Inspection.
(10)
"Health care provider" means:
(a)
a physician, as defined in Section 
58-67-102
;
(b)
an advanced practice registered nurse, as defined in Section 
58-31b-102
;
(c)
a physician assistant, as defined in Section 
58-70a-102
; or
(d)
an individual licensed to engage in the practice of dentistry, as defined in Section 
58-69-102
.
(11)
"Increased risk" means risk exceeding the risk typically experienced by an individual 
who is not using, and is not likely to use, an opiate.
(12)
"Opiate" means the same as that term is defined in Section 
58-37-2
.
(13)
"Opiate antagonist" means naloxone hydrochloride or any similarly acting drug that is 
not a controlled substance and that is approved by the federal Food and Drug 
Administration for the diagnosis or treatment of an opiate-related drug overdose.
(14)
"Opiate-related drug overdose event" means an acute condition, including a decreased 
level of consciousness or respiratory depression resulting from the consumption or use 
of a controlled substance, or another substance with which a controlled substance was 
combined, and that a person would reasonably believe to require medical assistance.
(15)
"Overdose outreach provider" means:
(a)
a law enforcement agency;
(b)
a fire department;
(c)
an emergency medical service provider, as defined in Section 
26B-4-101
53-2d-101
;
(d)
emergency medical service personnel, as defined in Section 
26B-4-101
53-2d-101
;
(e)
an organization providing treatment or recovery services for drug or alcohol use;
(f)
an organization providing support services for an individual, or a family of an 
individual, with a substance use disorder;
(g)
a certified peer support specialist, as defined in Section 
26B-5-610
;
(h)
an organization providing substance use or mental health services under contract 
with a local substance abuse authority, as defined in Section 
26B-5-101
, or a local 
mental health authority, as defined in Section 
26B-5-101
;
(i)
an organization providing services to the homeless;
(j)
a local health department;
(k)
an individual licensed to practice under:
(i)
Title 58, Chapter 17b, Pharmacy Practice Act;
(ii)
Title 58, Chapter 60, Part 2, Social Worker Licensing Act; or
(iii)
Title 58, Chapter 60, Part 5, Substance Use Disorder Counselor Act; or
(l)
an individual.
(16)
"Patient counseling" means the same as that term is defined in Section 
58-17b-102
.
(17)
"Pharmacist" means the same as that term is defined in Section 
58-17b-102
.
(18)
"Pharmacy intern" means the same as that term is defined in Section 
58-17b-102
.
(19)
"Physician" means the same as that term is defined in Section 
58-67-102
.
(20)
"Practitioner" means:
(a)
a physician; or
(b)
any other person who is permitted by law to prescribe emergency contraception.
(21)
"Prescribe" means the same as that term is defined in Section 
58-17b-102
.
(22)
(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
.
(23)
"Sexual assault" means any criminal conduct described in Title 76, Chapter 5, Part 4, 
Sexual Offenses, that may result in a pregnancy.
(24)
"Victim of sexual assault" means any person who presents to receive, or receives, 
medical care in consequence of being subjected to sexual assault.
Section 16, Section 
26B-5-101
 is amended to read:
26B-5-101
. Chapter definitions.
As used in this chapter:
(1)
"Criminal risk factors" means a person's characteristics and behaviors that:
(a)
affect the person's risk of engaging in criminal behavior; and
(b)
are diminished when addressed by effective treatment, supervision, and other support 
resources, resulting in reduced risk of criminal behavior.
(2)
"Director" means the director appointed under Section 
26B-5-103
.
(3)
"Division" means the Division of Integrated Healthcare created in Section 
26B-1-1202
26B-3-102
.
(4)
"Local mental health authority" means a county legislative body.
(5)
"Local substance abuse authority" means a county legislative body.
(6)
"Mental health crisis" means:
(a)
a mental health condition that manifests in an individual by symptoms of sufficient 
severity that a prudent layperson who possesses an average knowledge of mental 
health issues could reasonably expect the absence of immediate attention or 
intervention to result in:
(i)
serious danger to the individual's health or well-being; or
(ii)
a danger to the health or well-being of others; or
(b)
a mental health condition that, in the opinion of a mental health therapist or the 
therapist's designee, requires direct professional observation or intervention.
(7)
"Mental health crisis response training" means community-based training that educates 
laypersons and professionals on the warning signs of a mental health crisis and how to 
respond.
(8)
"Mental health crisis services" means an array of services provided to an individual who 
experiences a mental health crisis, which may include:
(a)
direct mental health services;
(b)
on-site intervention provided by a mobile crisis outreach team;
(c)
the provision of safety and care plans;
(d)
prolonged mental health services for up to 90 days after the day on which an 
individual experiences a mental health crisis;
(e)
referrals to other community resources;
(f)
local mental health crisis lines; and
(g)
the statewide mental health crisis line.
(9)
"Mental health therapist" means the same as that term is defined in Section 
58-60-102
.
(10)
"Mobile crisis outreach team" or "MCOT" means a mobile team of medical and mental 
health professionals that, in coordination with local law enforcement and emergency 
medical service personnel, provides mental health crisis services.
(11)
"Office" means the Office of Substance Use and Mental Health created in Section 
26B-5-102
.
(12)
(a)
"Public funds" means federal money received from the department, and state 
money appropriated by the Legislature to the department, a county governing body, 
or a local substance abuse authority, or a local mental health authority for the 
purposes of providing substance abuse or mental health programs or services.
(b)
"Public funds" include federal and state money that has been transferred by a local 
substance abuse authority or a local mental health authority to a private provider 
under an annual or otherwise ongoing contract to provide comprehensive substance 
abuse or mental health programs or services for the local substance abuse authority or 
local mental health authority. The money maintains the nature of "public funds" 
while in the possession of the private entity that has an annual or otherwise ongoing 
contract with a local substance abuse authority or a local mental health authority to 
provide comprehensive substance use or mental health programs or services for the 
local substance abuse authority or local mental health authority.
(c)
Public funds received for the provision of services under substance use or mental 
health service plans may not be used for any other purpose except those authorized in 
the contract between the local mental health or substance abuse authority and 
provider for the provision of plan services.
(13)
"Severe mental disorder" means schizophrenia, major depression, bipolar disorders, 
delusional disorders, psychotic disorders, and other mental disorders as defined by the 
division.
(14)
"Stabilization services" means in-home services provided to a child with, or who is at 
risk for, complex emotional and behavioral needs, including teaching the child's parent 
or guardian skills to improve family functioning.
(15)
"Statewide mental health crisis line" means the same as that term is defined in Section 
26B-5-610
.
(16)
"System of care" means a broad, flexible array of services and supports that:
(a)
serve a child with or who is at risk for complex emotional and behavioral needs;
(b)
are community based;
(c)
are informed about trauma;
(d)
build meaningful partnerships with families and children;
(e)
integrate service planning, service coordination, and management across state and 
local entities;
(f)
include individualized case planning;
(g)
provide management and policy infrastructure that supports a coordinated network of 
interdepartmental service providers, contractors, and service providers who are 
outside of the department; and
(h)
are guided by the type and variety of services needed by a child with or who is at risk 
for complex emotional and behavioral needs and by the child's family.
(17)
"Targeted case management" means a service that assists Medicaid recipients in a 
target group to gain access to needed medical, social, educational, and other services.
Section 17, Section 
26B-5-102
 is amended to read:
26B-5-102
. Division of Integrated Healthcare -- Office of Substance Use and 
Mental Health -- Creation -- Responsibilities.
(1)
(a)
The Division of Integrated Healthcare shall exercise responsibility over the 
policymaking functions, regulatory and enforcement powers, rights, duties, and 
responsibilities outlined in state law that were previously vested in the Division of 
Substance Abuse and Mental Health within the department, under the administration 
and general supervision of the executive director.
(b)
The division is the substance abuse authority and the mental health authority for this 
state.
(c)
There is created the Office of Substance Use and Mental Health within the division.
(d)
The office shall exercise the responsibilities, powers, rights, duties, and 
responsibilities assigned to the office by the executive director.
(2)
The division shall:
(a)
(i)
educate the general public regarding the nature and consequences of substance 
use by promoting school and community-based prevention programs;
(ii)
render support and assistance to public schools through approved school-based 
substance abuse education programs aimed at prevention of substance use;
(iii)
promote or establish programs for the prevention of substance use within the 
community setting through community-based prevention programs;
(iv)
cooperate with and assist treatment centers, recovery residences, and other 
organizations that provide services to individuals recovering from a substance use 
disorder, by identifying and disseminating information about effective practices 
and programs;
(v)
promote integrated programs that address an individual's substance use, mental 
health, and physical health;
(vi)
establish and promote an evidence-based continuum of screening, assessment, 
prevention, treatment, and recovery support services in the community for 
individuals with a substance use disorder or mental illness;
(vii)
evaluate the effectiveness of programs described in this Subsection (2);
(viii)
consider the impact of the programs described in this Subsection (2) on:
(A)
emergency department utilization;
(B)
jail and prison populations;
(C)
the homeless population; and
(D)
the child welfare system; and
(ix)
promote or establish programs for education and certification of instructors to 
educate individuals convicted of driving under the influence of alcohol or drugs or 
driving with any measurable controlled substance in the body;
(b)
(i)
collect and disseminate information pertaining to mental health;
(ii)
provide direction over the state hospital including approval of the state hospital's 
budget, administrative policy, and coordination of services with local service 
plans;
(iii)
make rules in accordance with Title 63G, Chapter 3, Utah Administrative 
Rulemaking Act, to educate families concerning mental illness and promote 
family involvement, when appropriate, and with patient consent, in the treatment 
program of a family member; 
(iv)
make rules in accordance with Title 63G, Chapter 3, Utah Administrative 
Rulemaking Act, to direct that an individual receiving services through a local 
mental health authority or the Utah State Hospital be informed about and, if 
desired by the individual, provided assistance in the completion of a declaration 
for mental health treatment in accordance with Section 
26B-5-313
; and
(v)
to the extent authorized and in accordance with statute, make rules in accordance 
with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, that:
(A)
create a certification for 
targeted case management
case managers
;
(B)
establish training and certification requirements;
(C)
specify the types of services each certificate holder is qualified to provide;
(D)
specify the type of supervision under which a certificate holder is required to 
operate; and
(E)
specify continuing education and other requirements for maintaining or 
renewing certification;
(c)
(i)
consult and coordinate with local substance abuse authorities and local mental 
health authorities regarding programs and services;
(ii)
provide consultation and other assistance to public and private agencies and 
groups working on substance use and mental health issues;
(iii)
promote and establish cooperative relationships with courts, hospitals, clinics, 
medical and social agencies, public health authorities, law enforcement agencies, 
education and research organizations, and other related groups;
(iv)
promote or conduct research on substance use and mental health issues, and 
submit to the governor and the Legislature recommendations for changes in policy 
and legislation;
(v)
receive, distribute, and provide direction over public funds for substance use and 
mental health services;
(vi)
monitor and evaluate programs provided by local substance abuse authorities and 
local mental health authorities;
(vii)
examine expenditures of local, state, and federal funds;
(viii)
monitor the expenditure of public funds by:
(A)
local substance abuse authorities;
(B)
local mental health authorities; and
(C)
in counties where they exist, a private contract provider that has an annual or 
otherwise ongoing contract to provide comprehensive substance abuse or 
mental health programs or services for the local substance abuse authority or 
local mental health authority;
(ix)
contract with local substance abuse authorities and local mental health authorities 
to provide a comprehensive continuum of services that include community-based 
services for individuals involved in the criminal justice system, in accordance with 
division policy, contract provisions, and the local plan;
(x)
contract with private and public entities for special statewide or nonclinical 
services, or services for individuals involved in the criminal justice system, 
according to division rules;
(xi)
review and approve each local substance abuse authority's plan and each local 
mental health authority's plan in order to ensure:
(A)
a statewide comprehensive continuum of substance use services;
(B)
a statewide comprehensive continuum of mental health services;
(C)
services result in improved overall health and functioning;
(D)
a statewide comprehensive continuum of community-based services designed 
to reduce criminal risk factors for individuals who are determined to have 
substance use or mental illness conditions or both, and who are involved in the 
criminal justice system;
(E)
compliance, where appropriate, with the certification requirements in 
Subsection (2)(h); and
(F)
appropriate expenditure of public funds;
(xii)
review and make recommendations regarding each local substance abuse 
authority's contract with the local substance abuse authority's provider of 
substance use programs and services and each local mental health authority's 
contract with the local mental health authority's provider of mental health 
programs and services to ensure compliance with state and federal law and policy;
(xiii)
monitor and ensure compliance with division rules and contract requirements; 
and
(xiv)
withhold funds from local substance abuse authorities, local mental health 
authorities, and public and private providers for contract noncompliance, failure to 
comply with division directives regarding the use of public funds, or for misuse of 
public funds or money;
(d)
ensure that the requirements of this part are met and applied uniformly by local 
substance abuse authorities and local mental health authorities across the state;
(e)
require each local substance abuse authority and each local mental health authority, 
in accordance with Subsections 
17-43-201
(5)(b) and 
17-43-301
(6)(a)(ii), to submit a 
plan to the division on or before May 15 of each year;
(f)
conduct an annual program audit and review of each local substance abuse authority 
and each local substance abuse authority's contract provider, and each local mental 
health authority and each local mental health authority's contract provider, including:
(i)
a review and determination regarding whether:
(A)
public funds allocated to the local substance abuse authority or the local 
mental health authorities are consistent with services rendered by the authority 
or the authority's contract provider, and with outcomes reported by the 
authority's contract provider; and
(B)
each local substance abuse authority and each local mental health authority is 
exercising sufficient oversight and control over public funds allocated for 
substance use disorder and mental health programs and services; and
(ii)
items determined by the division to be necessary and appropriate;
(g)
define "prevention" by rule as required under Title 32B, Chapter 2, Part 4, Alcoholic 
Beverage and Substance Abuse Enforcement and Treatment Restricted Account Act;
(h)
(i)
train and certify an adult as a peer support specialist, qualified to provide peer 
supports services to an individual with:
(A)
a substance use disorder;
(B)
a mental health disorder; or
(C)
a substance use disorder and a mental health disorder;
(ii)
certify a person to carry out, as needed, the division's duty to train and certify an 
adult as a peer support specialist;
(iii)
make rules in accordance with Title 63G, Chapter 3, Utah Administrative 
Rulemaking Act, that:
(A)
establish training and certification requirements for a peer support specialist;
(B)
specify the types of services a peer support specialist is qualified to provide;
(C)
specify the type of supervision under which a peer support specialist is 
required to operate; and
(D)
specify continuing education and other requirements for maintaining or 
renewing certification as a peer support specialist; and
(iv)
make rules in accordance with Title 63G, Chapter 3, Utah Administrative 
Rulemaking Act, that:
(A)
establish the requirements for a person to be certified to carry out, as needed, 
the division's duty to train and certify an adult as a peer support specialist; and
(B)
specify how the division shall provide oversight of a person certified to train 
and certify a peer support specialist;
(i)
collaborate with the State Commission on Criminal and Juvenile Justice to analyze 
and provide recommendations to the Legislature regarding:
(i)
pretrial services and the resources needed to reduce recidivism;
(ii)
county jail and county behavioral health early-assessment resources needed for an 
individual convicted of a class A or class B misdemeanor; and
(iii)
the replacement of federal dollars associated with drug interdiction law 
enforcement task forces that are reduced;
(j)
establish performance goals and outcome measurements for a mental health or 
substance use treatment program that is licensed under Chapter 2, Part 1, Human 
Services Programs and Facilities, and contracts with the department, including goals 
and measurements related to employment and reducing recidivism of individuals 
receiving mental health or substance use treatment who are involved with the 
criminal justice system;
(k)
annually, on or before November 30, submit a written report to the Judiciary Interim 
Committee, the Health and Human Services Interim Committee, and the Law 
Enforcement and Criminal Justice Interim Committee, that includes:
(i)
a description of the performance goals and outcome measurements described in 
Subsection (2)(j); and
(ii)
information on the effectiveness of the goals and measurements in ensuring 
appropriate and adequate mental health or substance use treatment is provided in a 
treatment program described in Subsection (2)(j);
(l)
collaborate with the Administrative Office of the Courts, the Department of 
Corrections, the Department of Workforce Services, and the Board of Pardons and 
Parole to collect data on recidivism in accordance with the metrics and requirements 
described in Section 
63M-7-102
;
(m)
at the division's discretion, use the data described in Subsection (2)(l) to make 
decisions regarding the use of funds allocated to the division to provide treatment;
(n)
annually, on or before August 31, submit the data collected under Subsection (2)(l) 
and any recommendations to improve the data collection to the State Commission on 
Criminal and Juvenile Justice to be included in the report described in Subsection 
63M-7-204
(1)(x);
(o)
publish the following on the division's website:
(i)
the performance goals and outcome measurements described in Subsection (2)(j); 
and
(ii)
a description of the services provided and the contact information for the mental 
health and substance use treatment programs described in Subsection (2)(j) and 
residential, vocational and life skills programs, as defined in Section 
13-53-102
; 
and
(p)
consult and coordinate with the Division of Child and Family Services to develop 
and manage the operation of a program designed to reduce substance use during 
pregnancy and by parents of a newborn child that includes:
(i)
providing education and resources to health care providers and individuals in the 
state regarding prevention of substance use during pregnancy;
(ii)
providing training to health care providers in the state regarding screening of a 
pregnant woman or pregnant minor to identify a substance use disorder; and
(iii)
providing referrals to pregnant women, pregnant minors, or parents of a newborn 
child in need of substance use treatment services to a facility that has the capacity 
to provide the treatment services.
(3)
In addition to the responsibilities described in Subsection (2), the division shall, within 
funds appropriated by the Legislature for this purpose, implement and manage the 
operation of a firearm safety and suicide prevention program, in consultation with the 
Bureau of Criminal Identification created in Section 
53-10-201
, including:
(a)
coordinating with local mental health and substance abuse authorities, a nonprofit 
behavioral health advocacy group, and a representative from a Utah-based nonprofit 
organization with expertise in the field of firearm use and safety that represents 
firearm owners, to:
(i)
produce and periodically review and update a firearm safety brochure and other 
educational materials with information about the safe handling and use of firearms 
that includes:
(A)
information on safe handling, storage, and use of firearms in a home 
environment;
(B)
information about at-risk individuals and individuals who are legally 
prohibited from possessing firearms;
(C)
information about suicide prevention awareness; and
(D)
information about the availability of firearm safety packets;
(ii)
procure cable-style gun locks for distribution under this section;
(iii)
produce a firearm safety packet that includes the firearm safety brochure and the 
cable-style gun lock described in this Subsection (3); and
(iv)
create a suicide prevention education course that:
(A)
provides information for distribution regarding firearm safety education;
(B)
incorporates current information on how to recognize suicidal behaviors and 
identify individuals who may be suicidal; and
(C)
provides information regarding crisis intervention resources;
(b)
distributing, free of charge, the firearm safety packet to the following persons, who 
shall make the firearm safety packet available free of charge:
(i)
health care providers, including emergency rooms;
(ii)
mobile crisis outreach teams;
(iii)
mental health practitioners;
(iv)
other public health suicide prevention organizations;
(v)
entities that teach firearm safety courses;
(vi)
school districts for use in the seminar, described in Section 
53G-9-702
53G-9-703
, for parents of students in the school district; and
(vii)
firearm dealers to be distributed in accordance with Section 
76-10-526
;
(c)
creating and administering a rebate program that includes a rebate that offers 
between $10 and $200 off the purchase price of a firearm safe from a participating 
firearms dealer or a person engaged in the business of selling firearm safes in Utah, 
by a Utah resident; and
(d)
in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, 
making rules that establish procedures for:
(i)
producing and distributing the suicide prevention education course and the firearm 
safety brochures and packets;
(ii)
procuring the cable-style gun locks for distribution; and
(iii)
administering the rebate program.
(4)
(a)
The division may refuse to contract with and may pursue legal remedies against 
any local substance abuse authority or local mental health authority that fails, or has 
failed, to expend public funds in accordance with state law, division policy, contract 
provisions, or directives issued in accordance with state law.
(b)
The division may withhold funds from a local substance abuse authority or local 
mental health authority if the authority's contract provider of substance use or mental 
health programs or services fails to comply with state and federal law or policy.
(5)
(a)
Before reissuing or renewing a contract with any local substance abuse authority 
or local mental health authority, the division shall review and determine whether the 
local substance abuse authority or local mental health authority is complying with the 
oversight and management responsibilities described in Sections 
17-43-201
, 
17-43-203
, 
17-43-303
, and 
17-43-309
.
(b)
Nothing in this Subsection (5) may be used as a defense to the responsibility and 
liability described in Section 
17-43-303
 and to the responsibility and liability 
described in Section 
17-43-203
.
(6)
In carrying out the division's duties and responsibilities, the division may not duplicate 
treatment or educational facilities that exist in other divisions or departments of the state, 
but shall work in conjunction with those divisions and departments in rendering the 
treatment or educational services that those divisions and departments are competent and 
able to provide.
(7)
The division may accept in the name of and on behalf of the state donations, gifts, 
devises, or bequests of real or personal property or services to be used as specified by 
the donor.
(8)
The division shall annually review with each local substance abuse authority and each 
local mental health authority the authority's statutory and contract responsibilities 
regarding:
(a)
use of public funds;
(b)
oversight of public funds; and
(c)
governance of substance use disorder and mental health programs and services.
(9)
The Legislature may refuse to appropriate funds to the division upon the division's 
failure to comply with the provisions of this part.
(10)
If a local substance abuse authority contacts the division under Subsection 
17-43-201
(10) for assistance in providing treatment services to a pregnant woman or pregnant 
minor, the division shall:
(a)
refer the pregnant woman or pregnant minor to a treatment facility that has the 
capacity to provide the treatment services; or
(b)
otherwise ensure that treatment services are made available to the pregnant woman 
or pregnant minor.
(11)
The division shall employ a school-based mental health specialist to be housed at the 
State Board of Education who shall work with the State Board of Education to:
(a)
provide coordination between a local education agency and local mental health 
authority;
(b)
recommend evidence-based and evidence informed mental health screenings and 
intervention assessments for a local education agency; and
(c)
coordinate with the local community, including local departments of health, to 
enhance and expand mental health related resources for a local education agency.
Section 18, Section 
26B-5-315
 is amended to read:
26B-5-315
. Declaration for mental health treatment -- Form.
A declaration for mental health treatment shall be in substantially the following form:
DECLARATION FOR MENTAL HEALTH TREATMENT
I, ________________________________, being an adult of sound mind, willfully and 
voluntarily make this declaration for mental health treatment, to be followed if it is determined 
by a court or by two physicians that my ability to receive and evaluate information effectively 
or to communicate my decisions is impaired to such an extent that I lack the capacity to refuse 
or consent to mental health treatment. "Mental health treatment" means convulsive treatment, 
treatment with psychoactive medication, and admission to and retention in a mental health 
facility for a period up to 17 days.
I understand that I may become incapable of giving or withholding informed consent for 
mental health treatment due to the symptoms of a diagnosed mental disorder. These symptoms 
may include:
______________________________________________________________________________ 
______________________________________________________________________________
PSYCHOACTIVE MEDICATIONS
If I become incapable of giving or withholding informed consent for mental health 
treatment, my wishes regarding psychoactive medications are as follows:
__________ I consent to the administration of the following medications:
______________________________________________________________________________
in the dosages:
__________ considered appropriate by my attending physician.
__________ approved by ________________________________________
__________ as I hereby direct: ____________________________________
__________ I do not consent to the administration of the following medications:
______________________________________________________________________________ 
______________________________________________________________________________ 
______________________________________________________________________________
CONVULSIVE TREATMENT
If I become incapable of giving or withholding informed consent for mental health 
treatment, my wishes regarding convulsive treatment are as follows:
__________ I consent to the administration of convulsive treatment of the following type:
______________________________________________, the number of treatments to be:
__________ determined by my attending physician.
__________ approved by _______________________________________
__________ as follows: ________________________________________
__________ I do not consent to the administration of convulsive treatment.
My reasons for consenting to or refusing convulsive treatment are as follows;
______________________________________________________________________________ 
______________________________________________________________________________ 
_________________________________________________________________________
ADMISSION TO AND RETENTION IN A MENTAL HEALTH FACILITY
If I become incapable of giving or withholding informed consent for mental health 
treatment, my wishes regarding admission to and retention in a mental health facility are as 
follows:
__________ I consent to being admitted to the following mental health facilities:
____________________________________________________________________________
I may be retained in the facility for a period of time:
__________ determined by my attending physician.
__________ approved by _______________________________________
__________ no longer than _____________________________________
This directive cannot, by law, provide consent to retain me in a facility for more than 17 
days.
ADDITIONAL REFERENCES OR INSTRUCTIONS
______________________________________________________________________________ 
______________________________________________________________________________ 
______________________________________________________________________________
ATTORNEY-IN-FACT
I hereby appoint:
NAME ________________________________________________
ADDRESS _____________________________________________
TELEPHONE # _________________________________________
to act as my attorney-in-fact to make decisions regarding my mental health treatment if I 
become incapable of giving or withholding informed consent for that treatment.
If the person named above refuses or is unable to act on my behalf, or if I revoke that 
person's authority to act as my attorney-in-fact, I authorize the following person to act as my 
alternative attorney-in-fact:
NAME ________________________________________________
ADDRESS _____________________________________________
TELEPHONE # _________________________________________
My attorney-in-fact is authorized to make decisions which are consistent with the wishes 
I have expressed in this declaration. If my wishes are not expressed, my attorney-in-fact is to 
act in good faith according to what he or she believes to be in my best interest.
_________________________________________
(Signature of Declarant/Date)
AFFIRMATION OF WITNESSES
We affirm that the declarant is personally known to us, that the declarant signed or 
acknowledged the declarant's signature on this declaration for mental health treatment in our 
presence, that the declarant appears to be of sound mind and does not appear to be under 
duress, fraud, or undue influence. Neither of us is the person appointed as attorney-in-fact by 
this document, the attending physician, an employee of the attending physician, an employee 
of the Office of Substance 
Abuse
Use
 and Mental Health within the Department of Health 
and Human Services, an employee of a local mental health authority, or an employee of any 
organization that contracts with a local mental health authority.
Witnessed By:
_____________________________________ 
______________________________________
(Signature of Witness/Date)
(Printed Name of Witness)
_____________________________________ 
_______________________________________
(Signature of Witness/Date)
(Printed Name of Witness)
ACCEPTANCE OF APPOINTMENT AS ATTORNEY-IN-FACT
I accept this appointment and agree to serve as attorney-in-fact to make decisions about 
mental health treatment for the declarant. I understand that I have a duty to act consistently 
with the desires of the declarant as expressed in the declaration. I understand that this 
document gives me authority to make decisions about mental health treatment only while the 
declarant is incapable as determined by a court or two physicians. I understand that the 
declarant may revoke this appointment, or the declaration, in whole or in part, at any time and 
in any manner, when the declarant is not incapable.
____________________________________ 
_______________________________________
(Signature of Attorney-in-fact/Date)
(Printed name)
____________________________________ 
________________________________________
(Signature of Alternate Attorney-in-fact/Date)
(Printed name)
NOTICE TO PERSON MAKING A
DECLARATION FOR MENTAL HEALTH TREATMENT
This is an important legal document. It is a declaration that allows, or disallows, mental 
health treatment. Before signing this document, you should know that:
(1)
this document allows you to make decisions in advance about three types of mental 
health treatment: psychoactive medication, convulsive therapy, and short-term (up to 17 
days) admission to a mental health facility;
(2)
the instructions that you include in this declaration will be followed only if a court or 
two physicians believe that you are incapable of otherwise making treatment decisions. 
Otherwise, you will be considered capable to give or withhold consent for treatment;
(3)
you may also appoint a person as your attorney-in-fact to make these treatment 
decisions for you if you become incapable. The person you appoint has a duty to act 
consistently with your desires as stated in this document or, if not stated, to make 
decisions in accordance with what that person believes, in good faith, to be in your best 
interest. For the appointment to be effective, the person you appoint must accept the 
appointment in writing. The person also has the right to withdraw from acting as your 
attorney-in-fact at any time;
(4)
this document will continue in effect for a period of three years unless you become 
incapable of participating in mental health treatment decisions. If this occurs, the 
directive will continue in effect until you are no longer incapable;
(5)
you have the right to revoke this document in whole or in part, or the appointment of an 
attorney-in-fact, at any time you have not been determined to be incapable. YOU MAY 
NOT REVOKE THE DECLARATION OR APPOINTMENT WHEN YOU ARE 
CONSIDERED INCAPABLE BY A COURT OR TWO PHYSICIANS. A revocation 
is effective when it is communicated to your attending physician or other provider; and
(6)
if there is anything in this document that you do not understand, you should ask an 
attorney to explain it to you. This declaration is not valid unless it is signed by two 
qualified witnesses who are personally known to you and who are present when you sign 
or acknowledge your signature.
Section 19, Section 
26B-5-319
 is amended to read:
26B-5-319
. Receipt of gift and personal property related to the transfer of 
persons from other institutions.
(1)
The division may take and hold by gift, devise, or bequest real and personal property 
required for the use of the state hospital. With the approval of the governor the division 
may convert that property that is not suitable for the state hospital's use into money or 
property that is suitable for the state hospital's use.
(2)
The state hospital is authorized to receive from any other institution within the 
department an individual committed to that institution, when a careful evaluation of the 
treatment needs of the individual and of the treatment programs available at the state 
hospital indicates that the transfer would be in the interest of that individual.
(3)
(a)
For the purposes of this Subsection 
(3)
, "contributions" means gifts, grants, 
devises, and donations.
(b)
Notwithstanding the provisions of Subsection 
26B-1-202(10)
26B-1-202(2)(j)
, the 
state hospital is authorized to receive contributions and deposit the contributions into 
an interest-bearing restricted special revenue fund. The state treasurer may invest the 
fund, and all interest will remain in the fund.
(c)
(i)
Single expenditures from the fund in amounts of $5,000 or less shall be 
approved by the superintendent.
(ii)
Single expenditures exceeding $5,000 must be preapproved by the superintendent 
and the division director.
(iii)
Expenditures described in this Subsection 
(3)
 shall be used for the benefit of 
patients at the state hospital.
(d)
Money and interest in the fund may not be used for items normally paid for by 
operating revenues or for items related to personnel costs without specific legislative 
authorization.
Section 20, Section 
26B-5-331
 is amended to read:
26B-5-331
. Temporary commitment -- Requirements and procedures -- Rights.
(1)
An adult shall be temporarily, involuntarily committed to a local mental health authority 
upon:
(a)
a written application that:
(i)
is completed by a responsible individual who has reason to know, stating a belief 
that the adult, due to mental illness, is likely to pose substantial danger to self or 
others if not restrained and stating the personal knowledge of the adult's condition 
or circumstances that lead to the individual's belief; and
(ii)
includes a certification by a licensed physician, licensed physician assistant, 
licensed nurse practitioner, or designated examiner stating that the physician, 
physician assistant, nurse practitioner, or designated examiner has examined the 
adult within a three-day period immediately preceding the certification, and that 
the physician, physician assistant, nurse practitioner, or designated examiner is of 
the opinion that, due to mental illness, the adult poses a substantial danger to self 
or others; or
(b)
a peace officer or a mental health officer:
(i)
observing an adult's conduct that gives the peace officer or mental health officer 
probable cause to believe that:
(A)
the adult has a mental illness; and
(B)
because of the adult's mental illness and conduct, the adult poses a substantial 
danger to self or others; and
(ii)
completing a temporary commitment application that:
(A)
is on a form prescribed by the division;
(B)
states the peace officer's or mental health officer's belief that the adult poses a 
substantial danger to self or others;
(C)
states the specific nature of the danger;
(D)
provides a summary of the observations upon which the statement of danger is 
based; and
(E)
provides a statement of the facts that called the adult to the peace officer's or 
mental health officer's attention.
(2)
If at any time a patient committed under this section no longer meets the commitment 
criteria described in Subsection (1), the local mental health authority or the local mental 
health authority's designee shall:
(a)
document the change and release the patient; and
(b)
if the patient was admitted under Subsection (1)(b), notify the peace officer or 
mental health officer of the patient's release.
(3)
A patient committed under this section may be held for a maximum of 72 hours after 
commitment, excluding Saturdays, Sundays, and legal holidays, unless:
(a)
as described in Section 
26B-5-332
, an application for involuntary commitment is 
commenced, which may be accompanied by an order of detention described in 
Subsection 
26B-5-332
(4); or
(b)
the patient makes a voluntary application for admission.
(4)
Upon a written application described in Subsection (1)(a) or the observation and belief 
described in Subsection (1)(b)(i), the adult shall be:
(a)
taken into a peace officer's protective custody, by reasonable means, if necessary for 
public safety; and
(b)
transported for temporary commitment to a facility designated by the local mental 
health authority, by means of:
(i)
an ambulance, if the adult meets any of the criteria described in Section 
26B-4-119
53-2d-405
;
(ii)
an ambulance, if a peace officer is not necessary for public safety, and 
transportation arrangements are made by a physician, physician assistant, nurse 
practitioner, designated examiner, or mental health officer;
(iii)
the city, town, or municipal law enforcement authority with jurisdiction over the 
location where the adult is present, if the adult is not transported by ambulance;
(iv)
the county sheriff, if the designated facility is outside of the jurisdiction of the 
law enforcement authority described in Subsection (4)(b)(iii) and the adult is not 
transported by ambulance; or
(v)
nonemergency secured behavioral health transport as that term is defined in 
Section 
53-2d-101
.
(5)
Notwithstanding Subsection (4):
(a)
an individual shall be transported by ambulance to an appropriate medical facility for 
treatment if the individual requires physical medical attention;
(b)
if an officer has probable cause to believe, based on the officer's experience and 
de-escalation training that taking an individual into protective custody or transporting 
an individual for temporary commitment would increase the risk of substantial 
danger to the individual or others, a peace officer may exercise discretion to not take 
the individual into custody or transport the individual, as permitted by policies and 
procedures established by the officer's law enforcement agency and any applicable 
federal or state statute, or case law; and
(c)
if an officer exercises discretion under Subsection (4)(b) to not take an individual 
into protective custody or transport an individual, the officer shall document in the 
officer's report the details and circumstances that led to the officer's decision.
(6)
(a)
The local mental health authority shall inform an adult patient committed under 
this section of the reason for commitment.
(b)
An adult patient committed under this section has the right to:
(i)
within three hours after arrival at the local mental health authority, make a 
telephone call, at the expense of the local mental health authority, to an individual 
of the patient's choice; and
(ii)
see and communicate with an attorney.
(7)
(a)
Title 63G, Chapter 7, Governmental Immunity Act of Utah, applies to this section.
(b)
This section does not create a special duty of care.
(8)
(a)
A local mental health authority shall provide discharge instructions to each 
individual committed under this section at or before the time the individual is 
discharged from the local mental health authority's custody, regardless of whether the 
individual is discharged by being released, taken into a peace officer's protective 
custody, transported to a medical facility or other facility, or other circumstances.
(b)
Discharge instructions provided under Subsection (8)(a) shall include:
(i)
a summary of why the individual was committed to the local mental health 
authority;
(ii)
detailed information about why the individual is being discharged from the local 
mental health authority's custody;
(iii)
a safety plan for the individual based on the individual's mental illness or mental 
or emotional state;
(iv)
notification to the individual's primary care provider, if applicable;
(v)
if the individual is discharged without food, housing, or economic security, a 
referral to appropriate services, if such services exist in the individual's 
community;
(vi)
the phone number to call or text for a crisis services hotline, and information 
about the availability of peer support services;
(vii)
a copy of any psychiatric advance directive presented to the local mental health 
authority, if applicable;
(viii)
information about how to establish a psychiatric advance directive if one was 
not presented to the local mental health authority;
(ix)
as applicable, information about medications that were changed or discontinued 
during the commitment;
(x)
a list of any screening or diagnostic tests conducted during the commitment;
(xi)
a summary of therapeutic treatments provided during the commitment;
(xii)
any laboratory work, including blood samples or imaging, that was completed or 
attempted during the commitment; and
(xiii)
information about how to contact the local mental health authority if needed.
(c)
If an individual's medications were changed, or if an individual was prescribed new 
medications while committed under this section, discharge instructions provided 
under Subsection (8)(a) shall include a clinically appropriate supply of medications, 
as determined by a licensed health care provider, to allow the individual time to 
access another health care provider or follow-up appointment.
(d)
If an individual refuses to accept discharge instructions, the local mental health 
authority shall document the refusal in the individual's medical record.
(e)
If an individual's discharge instructions include referrals to services under Subsection 
(8)(b)(v), the local mental health authority shall document those referrals in the 
individual's medical record.
(f)
The local mental health authority shall attempt to follow up with a discharged 
individual at least 48 hours after discharge, and may use peer support professionals 
when performing follow-up care or developing a continuing care plan.
Section 21, Section 
26B-5-609
 is amended to read:
26B-5-609
. Department and division duties -- MCOT license creation.
(1)
As used in this section:
(a)
"Committee" means the Behavioral Health Crisis Response Committee created in 
Section 
63C-18-202
.
(b)
"Emergency medical service personnel" means the same as that term is defined in 
Section 
26B-4-101
53-2d-101
.
(c)
"Emergency medical services" means the same as that term is defined in Section 
26B-4-101
53-2d-101
.
(d)
"MCOT certification" means the certification created in this part for MCOT 
personnel and mental health crisis outreach services.
(e)
"MCOT personnel" means a licensed mental health therapist or other mental health 
professional, as determined by the division, who is a part of a mobile crisis outreach 
team.
(f)
"Mental health crisis" means a mental health condition that manifests itself by 
symptoms of sufficient severity that a prudent layperson who possesses an average 
knowledge of mental health issues could reasonably expect the absence of immediate 
attention or intervention to result in:
(i)
serious jeopardy to the individual's health or well-being; or
(ii)
a danger to others.
(g)
(i)
"Mental health crisis services" means mental health services and on-site 
intervention that a person renders to an individual suffering from a mental health 
crisis.
(ii)
"Mental health crisis services" includes the provision of safety and care plans, 
stabilization services offered for a minimum of 60 days, and referrals to other 
community resources.
(h)
"Mental health therapist" means the same as that term is defined in Section 
58-60-102
.
(i)
"Mobile crisis outreach team" or "MCOT" means a mobile team of medical and 
mental health professionals that provides mental health crisis services and, based on 
the individual circumstances of each case, coordinates with local law enforcement, 
emergency medical service personnel, and other appropriate state or local resources.
(2)
To promote the availability of comprehensive mental health crisis services throughout 
the state, the division shall make rules, in accordance with Title 63G, Chapter 3, Utah 
Administrative Rulemaking Act, that create a certificate for MCOT personnel and 
MCOTs, including:
(a)
the standards the division establishes under Subsection (3); and
(b)
guidelines for:
(i)
credit for training and experience; and
(ii)
the coordination of:
(A)
emergency medical services and mental health crisis services;
(B)
law enforcement, emergency medical service personnel, and mobile crisis 
outreach teams; and
(C)
temporary commitment in accordance with Section 
26B-5-331
.
(3)
(a)
The division shall:
(i)
in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, 
make rules that establish standards that an applicant is required to meet to qualify 
for the MCOT certification described in Subsection (2); and
(ii)
create a statewide MCOT plan that:
(A)
identifies statewide mental health crisis services needs, objectives, and 
priorities; and
(B)
identifies the equipment, facilities, personnel training, and other resources 
necessary to provide mental health crisis services.
(b)
The division shall take the action described in Subsection (3)(a) with 
recommendations from the committee.
(c)
The division may delegate the MCOT plan requirement described in Subsection 
(3)(a)(ii) to a contractor with which the division contracts to provide mental health 
crisis services.
Section 22, Section 
26B-6-210
 is amended to read:
26B-6-210
. Statewide database -- Restricted use and access.
(1)
The division shall maintain a database for reports of vulnerable adult abuse, neglect, or 
exploitation made pursuant to this part.
(2)
The database shall include:
(a)
the names and identifying data of the alleged abused, neglected, or exploited 
vulnerable adult and the alleged perpetrator;
(b)
information regarding whether or not the allegation of abuse, neglect, or exploitation 
was found to be:
(i)
supported;
(ii)
inconclusive;
(iii)
without merit; or
(iv)
for reports for which the finding is made before May 5, 2008:
(A)
substantiated; or
(B)
unsubstantiated; and
(c)
any other information that may be helpful in furthering the purposes of this part, as 
determined by the division.
(3)
Information obtained from the database may be used only:
(a)
for statistical summaries compiled by the department that do not include names or 
other identifying data;
(b)
where identification of an individual as a perpetrator may be relevant in a 
determination regarding whether to grant or deny a license, privilege, or approval 
made by:
(i)
the department;
(ii)
the Division of Professional Licensing;
(iii)
the Division of Licensing and Background Checks within the department;
(iv)
the Bureau of Emergency Medical Services
, within the Department of Public 
Safety;
(v)
any government agency specifically authorized by statute to access or use the 
information in the database; or
(vi)
an agency of another state that performs a similar function to an agency 
described in Subsections (3)(b)(i) through (iv); or
(c)
as otherwise specifically provided by law.
Section 23, Section 
26B-6-304
 is amended to read:
26B-6-304
. Powers and duties of the office.
(1)
The office shall:
(a)
develop and operate a statewide program to:
(i)
educate the public about the role and function of guardians and conservators;
(ii)
educate guardians and conservators on:
(A)
the duties of a guardian and a conservator; and
(B)
standards set by the National Guardianship Association for guardians and 
conservators; and
(iii)
serve as a guardian, conservator, or both for a ward upon appointment by a court 
when no other person is able and willing to do so and the office petitioned for or 
agreed in advance to the appointment;
(b)
possess and exercise all the powers and duties specifically given to the office by 
virtue of being appointed as guardian or conservator of a ward, including the power 
to access a ward's records;
(c)
review and monitor the personal and, if appropriate, financial status of each ward for 
whom the office has been appointed to serve as guardian or conservator;
(d)
train and monitor each employee and volunteer, and monitor each contract provider 
to whom the office has delegated a responsibility for a ward;
(e)
retain all court-delegated powers and duties for a ward;
(f)
report on the personal and financial status of a ward as required by a court in 
accordance with Title 75, Chapter 5, Protection of Persons Under Disability and 
Their Property;
(g)
handle a ward's funds in accordance with the department's trust account system;
(h)
request that the department's audit plan, established pursuant to Section 
63I-5-401
, 
include the requirement of an annual audit of all funds and property held by the office 
on behalf of wards;
(i)
maintain accurate records concerning each ward, the ward's property, and office 
services provided to the ward;
(j)
make reasonable and continuous efforts to find a family member, friend, or other 
person to serve as a ward's guardian or conservator;
 and
(k)
after termination as guardian or conservator, distribute a ward's property in 
accordance with Title 75, Chapter 5, Protection of Persons Under Disability and 
Their Property
.
; and
(l)
be given accesses to, or provided with, written statements, documents, exhibits, and 
other items related to an investigation, including private, controlled, or protected 
medical or financial records of an incapacitated person or a potentially incapacitated 
person when the records or other items sought are reasonably necessary for the office 
to conduct an assessment, make an inquiry or search, or reach a determination 
described in Section 
26B-6-305
, or to fulfill the office's other duties or 
responsibilities.
(2)
The office may:
(a)
petition a court pursuant to Title 75, Chapter 5, Protection of Persons Under 
Disability and Their Property, to be appointed an incapacitated person's guardian, 
conservator, or both after conducting a prepetition assessment under Section 
26B-6-305
;
(b)
develop and operate a statewide program to recruit, train, supervise, and monitor 
volunteers to assist the office in providing guardian and conservator services;
(c)
delegate one or more responsibilities for a ward to an employee, volunteer, or 
contract provider, except as provided in Subsection 
26B-6-305
(1);
(d)
solicit and receive private donations to provide guardian and conservator services 
under this part; and
(e)
adopt rules, in accordance with Title 63G, Chapter 3, Utah Administrative 
Rulemaking Act, to:
(i)
effectuate policy; and
(ii)
carry out the office's role as guardian and conservator of wards as provided in this 
chapter.
Section 24, Section 
26B-6-602
 is amended to read:
26B-6-602
. Division responsibility.
The division is responsible:
(1)
for the supervision, care, and treatment of persons with an intellectual disability in this 
state who are committed to the division's jurisdiction under the provisions of this part; 
and
(2)
to evaluate and determine the most appropriate, least restrictive setting for an individual 
with an intellectual disability
 within the division's system
.
Section 25, Section 
26B-7-301
 is amended to read:
26B-7-301
. Definitions.
As used in this part:
(1)
"Bioterrorism" means:
(a)
the intentional use of any microorganism, virus, infectious substance, or biological 
product to cause death, disease, or other biological malfunction in a human, an 
animal, a plant, or another living organism in order to influence, intimidate, or coerce 
the conduct of government or a civilian population; and
(b)
includes anthrax, botulism, small pox, plague, tularemia, and viral hemorrhagic 
fevers.
(2)
"Dangerous public health condition" means any of the following:
(a)
cholera;
(b)
pneumonic plague;
(c)
severe acute respiratory syndrome;
(d)
smallpox;
(e)
tuberculosis;
(f)
any viral hemorrhagic fever;
(g)
measles; or
(h)
any infection:
(i)
that is new, drug resistant, or reemerging;
(ii)
that evidence suggests is likely to cause either high mortality or morbidity; and
(iii)
only if the relevant legislative body of the county where the infection is located 
approves as needing containment.
(3)
"Diagnostic information" means a clinical facility's record of individuals who present 
for treatment, including the reason for the visit, chief complaint, presenting diagnosis, 
final diagnosis, and any pertinent lab results.
(4)
"Epidemic or pandemic disease":
(a)
means the occurrence in a community or region of cases of an illness clearly in 
excess of normal expectancy; and
(b)
includes diseases designated by the department which have the potential to cause 
serious illness or death.
(5)
"Exigent circumstances" means a significant change in circumstances following the 
expiration of a public health emergency declared in accordance with this title that:
(a)
substantially increases the danger to public safety or health relative to the 
circumstances in existence when the public health emergency expired;
(b)
poses an imminent danger to public safety or health; and
(c)
was not known or foreseen and could not have been known or foreseen at the time 
the public health emergency expired.
(6)
"First responder" means:
(a)
a law enforcement officer as defined in Section 
53-13-103
;
(b)
emergency medical service personnel as defined in Section 
26B-4-101
53-2d-101
;
(c)
firefighters; and
(d)
public health personnel having jurisdiction over the location where an individual 
subject to an order of restriction is found.
(7)
"Health care provider" means the same as that term is defined in Section 
78B-3-403
.
(8)
"Legislative emergency response committee" means the same as that term is defined in 
Section 
53-2a-203
.
(9)
"Local food" means the same as that term is defined in Section 
4-1-109
.
(10)
(a)
"Order of constraint" means an order, rule, or regulation issued in response to a 
declared public health emergency under this part, that:
(i)
applies to all or substantially all:
(A)
individuals or a certain group of individuals; or
(B)
public places or certain types of public places; and
(ii)
for the protection of the public health and in response to the declared public 
health emergency:
(A)
establishes, maintains, or enforces isolation or quarantine;
(B)
establishes, maintains, or enforces a stay-at-home order;
(C)
exercises physical control over property or individuals;
(D)
requires an individual to perform a certain action or engage in certain 
behavior; or
(E)
closes theaters, schools, or other public places or prohibits gatherings of 
people to protect the public health.
(b)
"Order of constraint" includes a stay-at-home order.
(11)
"Order of restriction" means an order issued by a department or a district court which 
requires an individual or group of individuals who are subject to restriction to submit to 
an examination, treatment, isolation, or quarantine.
(12)
(a)
"Public health emergency" means an occurrence or imminent credible threat of 
an illness or health condition, caused by bioterrorism, epidemic or pandemic disease, 
or novel and highly fatal infectious agent or biological toxin, that poses a substantial 
risk of a significant number of human fatalities or incidents of permanent or 
long-term disability. 
(b)
"Public health emergency" includes an illness or health condition resulting from a 
natural disaster.
(13)
"Public health official" means:
(a)
the executive director or the executive director's authorized representative; or
(b)
the executive director of a local health department or the executive director's 
authorized representative.
(14)
"Reportable emergency illness and health condition" includes the diseases, conditions, 
or syndromes designated by the department.
(15)
"Stay-at-home order" means an order of constraint that:
(a)
restricts movement of the general population to suppress or mitigate an epidemic or 
pandemic disease by directing individuals within a defined geographic area to remain 
in their respective residences; and
(b)
may include exceptions for certain essential tasks.
(16)
"Threat to public health" means a situation where a dangerous public health condition 
could spread to other individuals.
(17)
"Subject to restriction" as applied to an individual, or a group of individuals, means the 
individual or group of individuals could create a threat to public health.
Section 26, Section 
26B-8-115
 is amended to read:
26B-8-115
. Fetal death certificate -- Filing and registration requirements.
(1)
(a)
A fetal death certificate shall be filed for each fetal death which occurs in this 
state. 
(b)
The certificate shall be filed within five days after delivery with the local registrar or 
as otherwise directed by the state registrar. 
(c)
The certificate shall be registered if it is completed and filed in accordance with this 
part.
(2)
(a)
When a dead fetus is delivered in an institution, the institution administrator or his 
designated representative shall prepare and file the fetal death certificate. 
(b)
The attending 
physician, physician assistant, or certified nurse midwife
health care 
professional
 shall state in the certificate the cause of death and sign the certificate.
(3)
When a dead fetus is delivered outside an institution, the 
physician or certified nurse 
midwife
health care professional
 in attendance at or immediately after delivery shall 
complete, sign, and file the fetal death certificate.
(4)
When a fetal death occurs without medical attendance at or immediately after the 
delivery or when inquiry is required by Part 2, Utah Medical Examiner
,
:
(a)
the medical examiner shall investigate the cause of death
;
 and 
(b)
the medical examiner or a certified pathologist who performed the fetal autopsy shall 
prepare and file the certificate of fetal death within five days after 
taking
the medical 
examiner takes
 charge of the case.
(5)
(a)
When a fetal death occurs in a moving conveyance and the dead fetus is first 
removed from the conveyance in this state or when a dead fetus is found in this state 
and the place of death is unknown, the death shall be registered in this state. 
(b)
The place where the dead fetus was first removed from the conveyance or found 
shall be considered the place of death.
(6)
Final disposition of the dead fetus may not be made until the fetal death certificate has 
been registered.
Section 27, Section 
26B-8-118
 is amended to read:
26B-8-118
. Certificate of early term stillbirth.
(1)
As used in this section, "early term stillborn child" means a product of human 
conception, other than in the circumstances described in Subsection 
76-7-301
(1), that:
(a)
is of at least 16 weeks' gestation but less than 20 weeks' gestation, calculated from 
the day on which the mother's last normal menstrual period began to the day of 
delivery; and
(b)
is not born alive.
(2)
The state registrar shall issue a certificate of early term stillbirth to a parent of an early 
term stillborn child if:
(a)
the parent requests, on a form created by the state registrar, that the state registrar 
register and issue a certificate of early term stillbirth for the early term stillborn child; 
and
(b)
the parent files with the state registrar:
(i)
(A)
a signed statement from a 
physician, or physician assistant if a physician is 
not in attendance at the delivery,
health care professional
 confirming the 
delivery of the early term stillborn child; or
(B)
an accurate copy of the parent's medical records related to the early term 
stillborn child; and
(ii)
any other record the state registrar determines, by rule made in accordance with 
Title 63G, Chapter 3, Utah Administrative Rulemaking Act, is necessary for 
accurate recordkeeping.
(3)
The certificate of early term stillbirth described in Subsection (2) shall meet all of the 
format and filing requirements of Section 
26B-8-103
.
(4)
A person who prepares a certificate of early term stillbirth under this section shall leave 
blank any references to an early term stillborn child's name if the early term stillborn 
child's parent does not wish to provide a name for the early term stillborn child.
Section 28, Section 
26B-9-104
 is amended to read:
26B-9-104
. Duties of the Office of Recovery Services.
(1)
The office has the following duties:
(a)
except as provided in Subsection (2), to provide child support services if:
(i)
the office has received an application for child support services;
(ii)
the state has provided public assistance; or
(iii)
a child lives out of the home in the protective custody, temporary custody, or 
custody or care of the state;
(b)
for the purpose of collecting child support, to carry out the obligations of the 
department contained in:
(i)
this chapter;
(ii)
Title 78B, Chapter 14, Utah Uniform Interstate Family Support Act; 
(iii)
Title 78B, Chapter 15, Utah Uniform Parentage Act; and
(iv)
Title 81, Chapter 6, Child Support;
(c)
to collect money due the department which could act to offset expenditures by the 
state;
(d)
to cooperate with the federal government in programs designed to recover health and 
social service funds;
(e)
to collect civil or criminal assessments, fines, fees, amounts awarded as restitution, 
and reimbursable expenses owed to the state or any of its political subdivisions, if the 
office has contracted to provide collection services;
(f)
to implement income withholding for collection of child support in accordance with 
Part 3, Income Withholding in IV-D Cases;
(g)
to enter into agreements with financial institutions doing business in the state to 
develop and operate, in coordination with such financial institutions, a data match 
system in the manner provided for in Section 
26B-9-208
;
(h)
to establish and maintain the state case registry in the manner required by the Social 
Security Act, 42 U.S.C. Sec. 654a, which shall include a record in each case of:
(i)
the amount of monthly or other periodic support owed under the order, and other 
amounts, including arrearages, interest, late payment penalties, or fees, due or 
overdue under the order;
(ii)
any amount described in Subsection (1)(h)(i) that has been collected;
(iii)
the distribution of collected amounts;
(iv)
the birth date of any child for whom the order requires the provision of support; 
and
(v)
the amount of any lien imposed with respect to the order pursuant to this part;
(i)
to contract with the Department of Workforce Services to establish and maintain the 
new hire registry created under Section 
35A-7-103
;
(j)
to determine whether an individual who has applied for or is receiving cash assistance 
or Medicaid is cooperating in good faith with the office as required by Section 
26B-9-213
;
(k)
to finance any costs incurred from collections, fees, General Fund appropriation, 
contracts, and federal financial participation;
 and
(l)
to provide notice to a noncustodial parent in accordance with Section 
26B-9-207
 of 
the opportunity to contest the accuracy of allegations by a custodial parent of 
nonpayment of past-due child support, prior to taking action against a noncustodial 
parent to collect the alleged past-due support
.
;
(m)
to review the child support guidelines, as that term is defined in Section 
81-6-101
, to 
ensure the application of the guidelines results in the determination of appropriate 
child support award amounts; and
(n)
to submit to the Judiciary Interim Committee, in accordance with Section 
68-3-14
, a 
summary of the review described in Subsection 
(1)(m)
 on or before October 1, 2025, 
and every four years thereafter on or before October 1.
(2)
The office may not provide child support services to the Division of Child and Family 
Services for a calendar month when the child to whom the child support services relate 
is:
(a)
in the custody of the Division of Child and Family Services; and
(b)
lives in the home of a custodial parent of the child for more than seven consecutive 
days, regardless of whether:
(i)
the greater than seven consecutive day period starts during one month and ends in 
the next month; and
(ii)
the child is living in the home on a trial basis.
(3)
The Division of Child and Family Services is not entitled to child support, for a child to 
whom the child support relates, for a calendar month when child support services may 
not be provided under Subsection (2).
(4)
To conduct the review described in Subsection 
(1)(m)
, the office may consider input 
from the Judicial Council, members of the Utah State Bar Association representing 
attorneys who practice family law, individuals with economic expertise, and other 
interested parties.
Section 29, Section 
53-22-102
 is amended to read:
53-22-102
. State security chief -- Creation -- Appointment.
(1)
There is created within the department a state security chief.
(2)
The state security chief:
(a)
is appointed by the commissioner with the approval of the governor;
(b)
is subject to the supervision and control of the commissioner;
(c)
may be removed at the will of the commissioner;
(d)
shall be qualified by experience and education to:
(i)
enforce the laws of this state relating to school safety;
(ii)
perform duties prescribed by the commissioner; and
(iii)
enforce rules made under this chapter.
(3)
The state security chief shall:
(a)
establish building and safety standards for all public and private schools, including:
(i)
coordinating with the State Board of Education to establish the required minimum 
safety and security standards for all public and private school facilities, including:
(A)
limited entry points, including, if applicable, secured entry points for specific 
student grades or groups;
(B)
video surveillance of entrances when school is in session;
(C)
ground level windows protected by security film or ballistic windows;
(D)
internal classroom door locks;
(E)
bleed kits and first aid kits;
(F)
exterior cameras on entrances, parking areas, and campus grounds; and
(G)
fencing around playgrounds;
(ii)
establishing a schedule or timeline for existing buildings to come into compliance 
with this section;
(iii)
creating a process to examine plans and specifications for construction or 
remodeling of a school building, in accordance with Section 
53E-3-706
;
(iv)
recommending to the commissioner the denial or revocation a public or private 
school's occupancy permit for a building if:
(A)
the building does not meet the standards established in this section; and
(B)
after consultation with the local governing board, the building remains 
non-compliant with the standards established in this section;
(v)
creating minimum standards for radio communication equipment in every school; 
and
(vi)
establishing a process to approve the safety and security criteria the state 
superintendent of public instruction establishes for building inspectors described 
in Section 
53E-3-706
;
(b)
oversee the implementation of the school safety personnel requirements described in 
Section 
53G-8-701.5
, including:
(i)
in consultation with a county security chief, overseeing the school guardian 
program described in Section 
53-22-105
, including approving and coordinating 
the relevant training programs;
(ii)
establishing an application process for approved alternatives to the school safety 
personnel requirements described in Section 
53G-8-701.5
;
(iii)
selecting training requirements for school safety and security specialists in 
consultation with the State Board of Education as described in Section 
53G-8-701.6
;
(iv)
as required by Section 
53G-8-701.8
, tracking each school safety and security 
director for a local education agency and ensuring that the contact information for 
the school safety and security directors is readily available to the local law 
enforcement agency of relevant jurisdiction; and
(v)
reviewing and approving the State Board of Education's school resource officer 
training program as described in Section 
53G-8-702
;
(c)
oversee the creation of school safety trainings, protocols, and incident responses, 
including:
(i)
in consultation with the State Board of Education, defining what constitutes an 
"active threat" and "developmentally appropriate" for purposes of the emergency 
response training described in Section 
53G-8-803
;
(ii)
in consultation with the Office of Substance 
Abuse
Use
 and Mental Health, 
establishing or selecting an adolescent mental health and de-escalation training for 
school safety personnel;
(iii)
consulting with the School Safety Center to develop the model critical incident 
response that all schools and law enforcement will use during a threat, including:
(A)
standardized response protocol terminology for use throughout the state, 
including what constitutes a threat;
(B)
protocols for planning and safety drills, including drills required in a school 
before the school year begins;
(C)
integration and appropriate use of a panic alert device described in Subsection 
53G-8-805
;
(D)
the establishment of incident command for a threat or safety incident, 
including which entity and individual runs the incident command;
(E)
the required components for a communication plan to be followed during an 
incident or threat;
(F)
reunification plan protocols, including the appropriate design and use of an 
incident command by others responding to or involved in an incident; and
(G)
recommendations for safety equipment for schools, including amounts and 
types of first aid supplies;
(iv)
reviewing and suggesting any changes to the response plans and training under 
Section 
53G-8-803
;
(v)
creating the official standard response protocol described in Section 
53G-8-803
for use by schools and law enforcement for school safety incidents; and
(vi)
establishing a manner for any security personnel described in Section 
53G-8-701.5
 to be quickly identified by law enforcement during an incident;
(d)
in consultation with the School Safety Center established in Section 
53G-8-802
:
(i)
create a process to receive and analyze the school safety needs assessments 
described in Section 
53G-8-701.5
; and
(ii)
establish a required data reporting system for public schools to report serious and 
non-serious threats and other data related to threat assessment that the state 
security chief determines to be necessary; and
(e)
fulfill any other duties and responsibilities determined by the commissioner.
(4)
In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the 
department, in consultation with the state security chief, shall make rules to fulfill the 
duties described in this section.
(5)
The state security chief may delegate duties under this section to a sworn department 
member with the approval of the commissioner.
Section 30, Section 
53-22-104.2
 is amended to read:
53-22-104.2
. The School Security Task Force -- Education Advisory Board.
(1)
There is created an advisory board to the task force called the Education Advisory 
Board.
(2)
The advisory board shall consist of the following members:
(a)
the state security chief, who acts as chair of the advisory board;
(b)
the construction and facility specialist at the State Board of Education;
(c)
a superintendent from a county of the fourth, fifth, or sixth class, whom the state 
security chief selects;
(d)
a superintendent from a county of the first, second, or third class, whom the state 
security chief selects;
(e)
a charter school director from a county of the fourth, fifth, or sixth class, whom the 
state security chief selects;
(f)
a charter school director from a county of the first, second, or third class, whom the 
state security chief selects;
(g)
the president of the Utah School Boards Association or the president's designee;
(h)
a parent representative from a school community council or parent teacher 
organization, whom the state security chief selects;
(i)
a facilities manager from an LEA in a county of the fourth, fifth, or sixth class, whom 
the state security chief selects;
(j)
a facilities manager from an LEA in county of the first, second, or third class, whom 
the state security chief selects;
(k)
a representative of private schools, whom the state security chief selects; and
(l)
a member of the Office of Substance 
Abuse
Use
 and Mental Health, whom the state 
security chief selects.
(3)
The advisory board's purpose is to:
(a)
review and provide input on official business of the task force;
(b)
provide recommendations and suggestions for the task force's consideration; and
(c)
study and evaluate the policies, procedures, and programs implemented for school 
safety and provide proactive information regarding the implementation.
(4)
(a)
A majority of the members of the advisory board constitutes a quorum.
(b)
The action of a majority of a quorum constitutes an action of the advisory board.
(5)
(a)
The advisory board shall select two members to serve as co-chairs.
(b)
The co-chairs are responsible for the call and conduct of meetings.
(6)
The staff of the state security chief shall provide staff for the advisory board.
(7)
A member of the advisory board who is not a legislator may not receive compensation 
for the member's work associated with the task force but may receive per diem and 
reimbursement for travel expenses incurred as a member of the task force at the rates 
established by the Division of Finance under:
(a)
Sections 
63A-3-106
 and 
63A-3-107
; and
(b)
rules made by the Division of Finance in accordance with Sections 
63A-3-106
 and 
63A-3-107
.
Section 31, Section 
53-22-105
 is amended to read:
53-22-105
. School guardian program.
(1)
As used in this section:
(a)
"Annual training" means an annual four-hour training that:
(i)
a county security chief or a designee administers;
(ii)
the state security chief approves;
(iii)
can be tailored to local needs;
(iv)
allows an individual to practice and demonstrate firearms proficiency at a 
firearms range using the firearm the individual carries for self defense and defense 
of others;
(v)
includes the following components:
(A)
firearm safety, including safe storage of a firearm;
(B)
de-escalation tactics;
(C)
the role of mental health in incidents; and
(D)
disability awareness and interactions; and
(vi)
contains other training needs as determined by the state security chief.
(b)
"Biannual training" means a twice-yearly training that:
(i)
is at least four hours, unless otherwise approved by the state security chief;
(ii)
a county security chief or a designee administers;
(iii)
the state security chief approves;
(iv)
can be tailored to local needs;
 and
(v)
through which a school guardian at a school or simulated school environment:
(A)
receives training on the specifics of the building or buildings of the school, 
including the location of emergency supplies and security infrastructure; and
(B)
participates in a live-action practice plan with school administrators in 
responding to active threats at the school; and
(vi)
shall be taken with at least three months in between the two trainings.
(c)
"Firearm" means the same as that term is defined in Section 
76-10-501
.
(d)
"Initial training" means an in-person training that:
(i)
a county security chief or a designee administers;
(ii)
the state security chief approves;
(iii)
can be tailored to local needs; and
(iv)
provides:
(A)
training on general familiarity with the types of firearms that can be concealed 
for self-defense and defense of others;
(B)
training on the safe loading, unloading, storage, and carrying of firearms in a 
school setting;
(C)
training at a firearms range with instruction regarding firearms fundamentals, 
marksmanship, the demonstration and explanation of the difference between 
sight picture, sight alignment, and trigger control, and a recognized pistol 
course;
(D)
current laws dealing with the lawful use of a firearm by a private citizen, 
including laws on self-defense, defense of others, transportation of firearms, 
and concealment of firearms;
(E)
coordination with law enforcement officers in the event of an active threat;
(F)
basic trauma first aid;
(G)
the appropriate use of force, emphasizing the de-escalation of force and 
alternatives to using force;
 and
(H)
situational response evaluations, including:
(I)
protecting and securing a crime or accident scene;
(II)
notifying law enforcement;
(III)
controlling information; and
(IV)
other training that the county sheriff, designee, or department deems 
appropriate.
(e)
"Program" means the school guardian program created in this section.
(f)
(i)
"School employee" means an employee of a school whose duties and 
responsibilities require the employee to be physically present at a school's campus 
while school is in session.
(ii)
"School employee" does not include a principal, teacher, or individual whose 
primary responsibilities require the employee to be primarily present in a 
classroom to teach, care for, or interact with students, unless:
(A)
the principal, teacher, or individual is employed at a school with 100 or fewer 
students;
(B)
the principal, teacher, or individual is employed at a school with adjacent 
campuses as determined by the state security chief; or
(C)
as provided in Subsection 
53G-8-701.5(3)
.
(g)
"School guardian" means a school employee who meets the requirements of 
Subsection (3).
(2)
(a)
(i)
There is created within the department the school guardian program
;
.
(ii)
the
The
 state security chief shall oversee the school guardian program
;
.
(iii)
the
The
 applicable county security chief shall administer the school guardian 
program in each county.
(b)
The state security chief shall ensure that the school guardian program includes:
(i)
initial training;
(ii)
biannual training; and
(iii)
annual training.
(c)
A county sheriff may partner or contract with:
(i)
another county sheriff to support the respective county security chiefs in jointly 
administering the school guardian program in the relevant counties; and
(ii)
a local law enforcement agency of relevant jurisdiction to provide the:
(A)
initial training;
(B)
biannual training; and
(C)
annual training.
(3)
(a)
A school employee that volunteers to participate is eligible to join the program as 
a school guardian if:
(i)
the school administrator approves the volunteer school employee to be designated 
as a school guardian;
(ii)
the school employee satisfactorily completes initial training within six months 
before the day on which the school employee joins the program;
(iii)
the school employee holds a valid concealed carry permit issued under Title 53, 
Chapter 5, Part 7, Concealed Firearm Act;
(iv)
the school employee certifies to the sheriff of the county where the school is 
located that the school employee has undergone the training in accordance with 
Subsection (3)(a)(ii) and intends to serve as a school guardian; and
(v)
the school employee successfully completes a mental health screening selected by 
the state security chief in collaboration with the Office of Substance 
Abuse
Use
and Mental Health established in Section 
26B-5-102
.
(b)
After joining the program a school guardian shall complete annual training and 
biannual training to retain the designation of a school guardian in the program.
(4)
The state security chief shall:
(a)
for each school that participates in the program, track each school guardian at the 
school by collecting the photograph and the name and contact information for each 
guardian;
(b)
make the information described in Subsection (4)(a) readily available to each law 
enforcement agency in the state categorized by school; and
(c)
provide each school guardian with a one-time stipend of $500.
(5)
A school guardian:
(a)
may store the school guardian's firearm on the grounds of a school only if:
(i)
the firearm is stored in a biometric gun safe;
(ii)
the biometric gun safe is located in the school guardian's office; and
(iii)
the school guardian is physically present on the grounds of the school while the 
firearm is stored in the safe;
(b)
shall carry the school guardian's firearm in a concealed manner; and
(c)
may not, unless during an active threat, display or open carry a firearm while on 
school grounds.
(6)
Except as provided in Subsection (5)(c), this section does not prohibit an individual who 
has a valid concealed carry permit but is not participating in the program from carrying a 
firearm on the grounds of a public school or charter school under Subsection 
76-10-505.5
(4).
(7)
A school guardian:
(a)
does not have authority to act in a law enforcement capacity; and
(b)
may, at the school where the school guardian is employed:
(i)
take actions necessary to prevent or abate an active threat; and
(ii)
temporarily detain an individual when the school guardian has reasonable cause 
to believe the individual has committed or is about to commit a forcible felony, as 
that term is defined in Section 
76-2-402
.
(8)
A school may designate a single volunteer or multiple volunteers to participate in the 
school guardian program to satisfy the school safety personnel requirements of Section 
53G-8-701.5
.
(9)
The department may adopt, according to Title 63G, Chapter 3, Utah Administrative 
Rulemaking Act, rules to administer this section.
(10)
A school guardian who has active status in the guardian program is not liable for any 
civil damages or penalties if the school guardian:
(a)
when carrying or storing a firearm:
(i)
is acting in good faith; and
(ii)
is not grossly negligent; or
(b)
threatens, draws, or otherwise uses a firearm reasonably believing the action to be
necessary in compliance with Section 
76-2-402
.
(11)
A school guardian shall file a report described in Subsection (12) if, during the 
performance of the school guardian's duties, the school guardian points a firearm at an 
individual.
(12)
(a)
A report described in Subsection (11) shall include:
(i)
a description of the incident;
(ii)
the identification of the individuals involved in the incident; and
(iii)
any other information required by the state security chief.
(b)
A school guardian shall submit a report required under Subsection (11) to the school 
administrator, school safety and security director, and the state security chief within 
48 hours after the incident.
(c)
The school administrator, school safety and security director, and the state security 
chief shall consult and review the report submitted under Subsection (12)(b).
(13)
The requirements of Subsections (11) and (12) do not apply to a training exercise.
(14)
A school guardian may have the designation of school guardian revoked at any time by 
the school principal, county sheriff, or state security chief.
(15)
(a)
Any information or record created detailing a school guardian's participation in 
the program is:
(i)
a private, controlled, or protected record under Title 63G, Chapter 2, Government 
Records Access and Management Act; and
(ii)
available only to:
(A)
the state security chief;
(B)
administrators at the school guardian's school;
(C)
if applicable, other school safety personnel described in Section 
53G-8-701.5
;
(D)
a local law enforcement agency that would respond to the school in case of an 
emergency; and
(E)
the individual designated by the county sheriff in accordance with Section 
53-22-103
 of the county of the school where the school guardian in the 
program is located.
(b)
The information or record described in Subsection (15)(a) includes information 
related to the school guardian's identity and activity within the program as described 
in this section and any personal identifying information of a school guardian 
participating in the program collected or obtained during initial training, annual 
training, and biannual training.
(c)
An individual who intentionally or knowingly provides the information described in 
Subsection (15)(a) to an individual or entity not listed in Subsection (15)(a)(ii) is 
guilty of a class B misdemeanor.
Section 32, Section 
53G-8-701.6
 is amended to read:
53G-8-701.6
. School safety and security specialist.
(1)
As used in this section, "principal" means the chief administrator at a public school, 
including:
(a)
a school principal;
(b)
a charter school director; or
(c)
the superintendent of the Utah Schools for the Deaf and the Blind.
(2)
(a)
Subject to Subsection (2)(b) and except as provided in Subsection 
53G-8-701.5
(3), 
every campus within an LEA shall designate a school safety and security specialist 
from the employees of the relevant campus.
(b)
The school safety and security specialist:
(i)
may not be a principal; and
(ii)
may be the school safety and security director at one campus within the LEA.
(3)
The school safety and security specialist shall:
(a)
report directly to the principal;
(b)
oversee school safety and security practices to ensure a safe and secure school 
environment for students and staff;
(c)
ensure adherence with all policies, procedures, protocols, rules, and regulations 
relating to school safety and security through collaborating and maintaining effective 
communications with the following as applicable:
(i)
the principal;
(ii)
school staff;
(iii)
the school resource officer;
(iv)
the armed school security guard;
(v)
the school guardian;
(vi)
local law enforcement;
(vii)
the county security chief;
(viii)
the school safety and security director;
(ix)
the LEA; and
(x)
school-based behavioral and mental health professionals;
(d)
in collaboration with the county security chief or designee described in Section 
53-22-103
:
(i)
conduct the school safety needs assessment described in Section 
53G-8-701.5
; and
(ii)
conduct a building safety evaluation at least annually using the results of the 
school safety needs assessment to recommend and implement improvements to 
school facilities, policies, procedures, protocols, rules, and regulations relating to 
school safety and security;
(e)
if the specialist is also an employee of an LEA, participate on the multidisciplinary 
team that the LEA establishes;
(f)
conduct a behavioral threat assessment when the school safety and security specialist 
deems necessary using an evidence-based tool the state security chief recommends in 
consultation with the school safety center and the Office of Substance 
Abuse
Use
and Mental Health;
(g)
regularly monitor and report to the principal, local law enforcement, and, if 
applicable, the LEA superintendent or designee, security risks for the school resulting 
from:
(i)
issues with school facilities; or
(ii)
the implementation of practices, policies, procedures, and protocols relating to 
school safety and security;
(h)
coordinate with local first responder agencies to implement and monitor safety and 
security drills in accordance with policy and applicable procedures and protocols;
(i)
ensure that school staff, and, when appropriate, students, receive training on and 
remain current on the school's safety and security procedures and protocols;
(j)
following an event where security of the school has been significantly compromised, 
organize a debriefing with the individuals listed in Subsection (3)(c) regarding 
strengthening school safety and security practices, policies, procedures, and protocols;
(k)
abide by any LEA, school, or law enforcement agency policy outlining the chain of 
command;
(l)
during an emergency, coordinate with the following individuals as applicable, the:
(i)
school resource officer;
(ii)
school guardians;
(iii)
armed school security guards;
(iv)
school administrators; and
(v)
responding law enforcement officers;
(m)
follow any LEA, school, or law enforcement agency student privacy policies, 
including state and federal privacy laws;
(n)
participate in an annual training the state security chief selects in consultation with 
the School Safety Center; and
(o)
remain current on:
(i)
a comprehensive school guideline the state security chief selects;
(ii)
the duties of a school safety and security specialist described in this Subsection (3); 
and
(iii)
the school's emergency response plan.
(4)
During an active emergency at the school, the school safety and security specialist is 
subordinate to any responding law enforcement officers.
Section 33, Section 
63I-1-281
 is amended to read:
63I-1-281
. Repeal dates: Title 81.
Title 81, Chapter 6, Part 4, Child Support Guidelines Advisory Committee, is repealed 
July 1, 2026
May 7, 2025
.
Section 34, Section 
80-2-709
 is amended to read:
80-2-709
. Division access to criminal background information for background 
screening and investigation.
(1)
The division shall have direct access to criminal background information maintained 
under 
Title 53, Chapter 10, Part 2, Bureau of Criminal Identification
, for the purpose of:
(a)
background screening under this chapter, 
Chapter 2a, Removal and Protective 
Custody of a Child
, or 
Chapter 3, Abuse, Neglect, and Dependency Proceedings
, 
including background screening of an individual who has direct access, as defined in 
Section 
62A-2-101
26B-2-101
, to a minor:
(i)
who is alleged to be or has been abused, neglected, or dependent; and
(ii)
for whom the division has an open case; or
(b)
investigation of abuse or neglect under this chapter, 
Chapter 2a, Removal and 
Protective Custody of a Child
, or 
Chapter 3, Abuse, Neglect, and Dependency 
Proceedings
.
(2)
Except as provided in Section 
80-3-305
, the division and the Office of Guardian Ad 
Litem are authorized to request the Department of Public Safety to conduct a complete 
Federal Bureau of Investigation criminal background check through the national 
criminal history system (NCIC).
Section 35, 
Repealer.
Director of family health services programs.
Section 36. 
Effective Date.
This bill takes effect on 
May 7, 2025
.
3-14-25 2:19 PM