Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 482 (2025GS)

Sponsor

Rep. Monson, Logan

Final action

Governor Signed 3/27/2025

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• repeals reporting requirements related to the Department of Health and Human Services.

Every vote on this bill

Bill text

23
26B-1-207
26B-1-232
26B-1-421
26B-1-427
26B-2-309
26B-3-107
26B-5-102
26B-5-607
63A-17-806
63M-7-204
0
Health and Human Services Reporting Requirements
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Logan J. Monson
Senate Sponsor: Evan J. Vickers
LONG TITLE
General Description:
This bill repeals reporting requirements related to the Department of Health and Human 
Services.
Highlighted Provisions:
This bill:
repeals reporting requirements related to the Department of Health and Human Services.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
26B-1-207
, as last amended by Laws of Utah 2024, Chapters 178, 240
26B-1-232
, as renumbered and amended by Laws of Utah 2023, Chapter 305
26B-1-421
, as last amended by Laws of Utah 2024, Chapters 217, 240 and 507
26B-1-427
, as last amended by Laws of Utah 2024, Chapter 245
26B-2-309
, as renumbered and amended by Laws of Utah 2023, Chapter 305
26B-3-107
, as renumbered and amended by Laws of Utah 2023, Chapter 306
26B-5-102
, as last amended by Laws of Utah 2024, Chapters 250, 420
26B-5-607
, as last amended by Laws of Utah 2023, Chapter 282 and renumbered and 
amended by Laws of Utah 2023, Chapter 308
63A-17-806
, as last amended by Laws of Utah 2023, Chapters 329, 530
63M-7-204
, as last amended by Laws of Utah 2024, Chapter 345
Be it enacted by the Legislature of the state of Utah:
Section 1, Section 
26B-1-207
 is amended to read:
26B-1-207
. Policymaking responsibilities -- Regulations for local health 
departments prescribed by department -- Local standards not more stringent than 
federal or state standards -- Consultation with local health departments -- Committee to 
evaluate health policies and to review federal grants.
(1)
In establishing public health policy, the department shall consult with the local health 
departments established under Title 26A, Chapter 1, Local Health Departments.
(2)
(a)
In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, 
the department may prescribe by administrative rule made in accordance with Title 
63G, Chapter 3, Utah Administrative Rulemaking Act, reasonable requirements not 
inconsistent with law for a local health department as defined in Section 
26A-1-102
.
(b)
Except where specifically allowed by federal law or state statute, a local health 
department, as defined in Section 
26A-1-102
, may not establish standards or 
regulations that are more stringent than those established by federal law, state statute, 
or administrative rule adopted in accordance with Title 63G, Chapter 3, Utah 
Administrative Rulemaking Act.
(c)
Nothing in this Subsection (2), limits the ability of a local health department to make 
standards and regulations in accordance with Subsection 
26A-1-121
(1)(a) for:
(i)
emergency rules made in accordance with Section 
63G-3-304
; or
(ii)
items not regulated under federal law, state statute, or state administrative rule.
(3)
(a)
As used in this Subsection (3):
(i)
"Committee" means the committee established under Subsection (3)(b).
(ii)
"Exempt application" means an application for a federal grant that meets the 
criteria established under Subsection (3)(c)(iv).
(iii)
"Expedited application" means an application for a federal grant that meets the 
criteria established under Subsection (3)(c)(v).
(iv)
"Federal grant" means a grant from the federal government that could provide 
funds for local health departments to help them fulfill their duties and 
responsibilities.
(v)
"Reviewable application" means an application for a federal grant that is not an 
exempt application.
(b)
The department shall establish a committee consisting of:
(i)
the executive director, or the executive director's designee;
(ii)
two representatives of the department, appointed by the executive director; and
(iii)
three representatives of local health departments, appointed by all local health 
departments.
(c)
The committee shall:
(i)
evaluate the allocation of public health resources between the department and 
local health departments, including whether funds allocated by contract were 
allocated in accordance with the formula described in Section 
26A-1-116
;
(ii)
evaluate policies and rules that affect local health departments in accordance with 
Subsection (3)(g);
(iii)
consider department policy and rule changes proposed by the department or local 
health departments;
(iv)
establish criteria by which an application for a federal grant may be judged to 
determine whether it should be exempt from the requirements under Subsection 
(3)(d); and
(v)
establish criteria by which an application for a federal grant may be judged to 
determine whether committee review under Subsection (3)(d)(i) should be delayed 
until after the application is submitted because the application is required to be 
submitted under a timetable that makes committee review before it is submitted 
impracticable if the submission deadline is to be met.
(d)
(i)
The committee shall review the goals and budget for each reviewable 
application:
(A)
before the application is submitted, except for an expedited application; and
(B)
for an expedited application, after the application is submitted but before 
funds from the federal grant for which the application was submitted are 
disbursed or encumbered.
(ii)
Funds from a federal grant under a reviewable application may not be disbursed 
or encumbered before the goals and budget for the federal grant are established by
a two-thirds vote of the committee, following the committee review under 
Subsection (3)(d)(i).
(e)
An exempt application is exempt from the requirements of Subsection (3)(d).
(f)
The department may use money from a federal grant to pay administrative costs 
incurred in implementing this Subsection (3).
(g)
When evaluating a policy or rule that affects a local health department, the 
committee shall determine:
(i)
whether the department has the authority to promulgate the policy or rule;
(ii)
an estimate of the cost a local health department will bear to comply with the 
policy or rule;
(iii)
whether there is any funding provided to a local health department to implement 
the policy or rule; and
(iv)
whether the policy or rule is still needed.
(h)
Before November 1 of each year, the department shall provide a report to the Rules 
Review and General Oversight Committee regarding the determinations made under 
Subsection (3)(g).
Section 2, Section 
26B-1-232
 is amended to read:
26B-1-232
. American Indian-Alaska Native Health Liaison -- Appointment -- 
Duties.
(1)
(a)
"Director" means the director of the Office of American Indian-Alaska Native 
Health and Family Services appointed under Section 
26B-1-231
.
(b)
"Health care" means care, treatment, service, or a procedure to improve, maintain, 
diagnose, or otherwise affect an individual's physical or mental condition.
(c)
"Health liaison" means the American Indian-Alaska Native Health Liaison appointed 
under Subsection 
(2)
.
(2)
(a)
The executive director shall appoint an individual as the American Indian-Alaska 
Native Health Liaison.
(b)
The health liaison shall serve under the supervision of the director.
(3)
The health liaison shall:
(a)
promote and coordinate collaborative efforts between the department and Utah's 
American Indian-Alaska Native population to improve the availability and 
accessibility of quality health care impacting Utah's American Indian-Alaska Native 
populations on and off reservations;
(b)
interact with the following to improve health disparities for Utah's American 
Indian-Alaska Native populations:
(i)
tribal health programs;
(ii)
local health departments;
(iii)
state agencies and officials; and
(iv)
providers of health care in the private sector;
(c)
facilitate education, training, and technical assistance regarding public health and 
medical assistance programs to Utah's American Indian-Alaska Native populations; 
and
(d)
staff an advisory board by which Utah's tribes may consult with state and local 
agencies for the development and improvement of public health programs designed 
to address improved health care for Utah's American Indian-Alaska Native 
populations on and off the reservation.
(4)
The health liaison shall annually report the liaison's activities and accomplishments to 
the Native American Legislative Liaison Committee created in Section 
36-22-1
.
Section 3, Section 
26B-1-421
 is amended to read:
26B-1-421
. Compassionate Use Board.
(1)
The definitions in Section 
26B-4-201
 apply to this section.
(2)
(a)
The department shall establish a Compassionate Use Board consisting of:
(i)
seven qualified medical providers that the executive director appoints with the 
advice and consent of the Senate:
(A)
who are knowledgeable about the medicinal use of cannabis;
(B)
who are physicians licensed under Title 58, Chapter 67, Utah Medical Practice 
Act, or Title 58, Chapter 68, Utah Osteopathic Medical Practice Act; and
(C)
who are board certified by the American Board of Medical Specialties or an 
American Osteopathic Association Specialty Certifying Board in the specialty 
of neurology, pain medicine and pain management, medical oncology, 
psychiatry, infectious disease, internal medicine, pediatrics, family medicine, 
or gastroenterology; and
(ii)
as a nonvoting member and the chair of the Compassionate Use Board, the 
executive director or the director's designee.
(b)
In appointing the seven qualified medical providers described in Subsection (2)(a), 
the executive director shall ensure that at least two have a board certification in 
pediatrics.
(3)
(a)
Of the members of the Compassionate Use Board that the executive director first 
appoints:
(i)
three shall serve an initial term of two years; and
(ii)
the remaining members shall serve an initial term of four years.
(b)
After an initial term described in Subsection (3)(a) expires:
(i)
each term is four years; and
(ii)
each board member is eligible for reappointment.
(c)
A member of the Compassionate Use Board may serve until a successor is appointed.
(d)
Four members constitute a quorum of the Compassionate Use Board.
(4)
A member of the Compassionate Use Board may receive:
(a)
notwithstanding Section 
63A-3-106
, compensation or benefits for the member's 
service; and
(b)
travel expenses in accordance with Section 
63A-3-107
 and rules made by the 
Division of Finance in accordance with Section 
63A-3-107
.
(5)
The Compassionate Use Board shall:
(a)
review and recommend for department approval a petition to the board regarding an 
individual described in Subsection 
26B-4-213
(2)(a), a minor described in Subsection 
26B-4-213
(2)(c), or an individual who is not otherwise qualified to receive a medical 
cannabis card to obtain a medical cannabis card for compassionate use, for the 
standard or a reduced period of validity, if:
(i)
for an individual who is not otherwise qualified to receive a medical cannabis 
card, the individual's recommending medical provider is actively treating the 
individual for an intractable condition that:
(A)
substantially impairs the individual's quality of life; and
(B)
has not, in the recommending medical provider's professional opinion, 
adequately responded to conventional treatments;
(ii)
the recommending medical provider:
(A)
recommends that the individual or minor be allowed to use medical cannabis; 
and
(B)
provides a letter, relevant treatment history, and notes or copies of progress 
notes describing relevant treatment history including rationale for considering 
the use of medical cannabis; and
(iii)
the Compassionate Use Board determines that:
(A)
the recommendation of the individual's recommending medical provider is 
justified; and
(B)
based on available information, it may be in the best interests of the individual 
to allow the use of medical cannabis;
(b)
when a recommending medical provider recommends that an individual described in 
Subsection 
26B-4-213
(2)(a)(i)(B) or a minor described in Subsection 
26B-4-213
(2)(c) 
be allowed to use a medical cannabis device or medical cannabis to vaporize a 
medical cannabis treatment, review and approve or deny the use of the medical 
cannabis device or medical cannabis;
(c)
unless no petitions are pending:
(i)
meet to receive or review compassionate use petitions at least quarterly; and
(ii)
if there are more petitions than the board can receive or review during the board's 
regular schedule, as often as necessary;
(d)
except as provided in Subsection (6), complete a review of each petition and 
recommend to the department approval or denial of the applicant for qualification for 
a medical cannabis card within 90 days after the day on which the board received the 
petition;
 and
(e)
consult with the department regarding the criteria described in Subsection (6)
; and
.
(f)
report, before November 1 of each year, to the Health and Human Services Interim 
Committee and the Medical Cannabis Governance Structure Working Group:
(i)
the number of compassionate use recommendations the board issued during the 
past year;
(ii)
the types of conditions for which the board recommended compassionate use; and
(iii)
the number of applications that are not completed.
(6)
The department shall make rules, in consultation with the Compassionate Use Board 
and in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to 
establish a process and criteria for a petition to the board to automatically qualify for 
expedited final review and approval or denial by the department in cases where, in the 
determination of the department and the board:
(a)
time is of the essence;
(b)
engaging the full review process would be unreasonable in light of the petitioner's 
physical condition; and
(c)
sufficient factors are present regarding the petitioner's safety.
(7)
(a)
(i)
The department shall review:
(A)
any compassionate use for which the Compassionate Use Board recommends 
approval under Subsection (5)(d) to determine whether the board properly 
exercised the board's discretion under this section; and
(B)
any expedited petitions the department receives under the process described in 
Subsection (6).
(ii)
If the department determines that the Compassionate Use Board properly 
exercised the board's discretion in recommending approval under Subsection (5)(d) 
or that the expedited petition merits approval based on the criteria established in 
accordance with Subsection (6), the department shall:
(A)
issue the relevant medical cannabis card; and
(B)
provide for the renewal of the medical cannabis card in accordance with the 
recommendation of the recommending medical provider described in 
Subsection (5)(a).
(b)
If the Compassionate Use Board recommends denial under Subsection (5)(d), the 
individual seeking to obtain a medical cannabis card may petition the department to 
review the board's decision.
(c)
In reviewing the Compassionate Use Board's recommendation for approval or denial 
under Subsection (5)(d) in accordance with this Subsection (7), the department shall 
presume the board properly exercised the board's discretion unless the department 
determines that the board's recommendation was arbitrary or capricious.
(8)
Any individually identifiable health information contained in a petition that the 
Compassionate Use Board or department receives under this section is a protected 
record in accordance with Title 63G, Chapter 2, Government Records Access and 
Management Act.
(9)
The Compassionate Use Board shall annually report the board's activity to:
(a)
the Cannabis Research Review Board; and 
(b)
the advisory board.
Section 4, Section 
26B-1-427
 is amended to read:
26B-1-427
. Alcohol Abuse Tracking Committee --Tracking effects of abuse of 
alcoholic products.
(1)
There is created a committee within the department known as the Alcohol Abuse 
Tracking Committee that consists of:
(a)
the executive director or the executive director's designee;
(b)
the commissioner of the Department of Public Safety or the commissioner's designee;
(c)
the director of the Department of Alcoholic Beverage Services or that director's 
designee;
(d)
the executive director of the Department of Workforce Services or that executive 
director's designee;
(e)
the chair of the Utah Substance Use and Mental Health Advisory Committee or the 
chair's designee;
(f)
the state court administrator or the state court administrator's designee; and
(g)
the director of the Division of Technology Services or that director's designee.
(2)
The executive director or the executive director's designee shall chair the committee.
(3)
(a)
Four members of the committee constitute a quorum.
(b)
A vote of the majority of the committee members present when a quorum is present 
is an action of the committee.
(4)
The committee shall meet at the call of the chair
, except that the chair shall call a 
meeting at least twice a year:
.
(a)
with one meeting held each year to develop the report required under Subsection 
(7); and
(b)
with one meeting held to review and finalize the report before the report is issued.
(5)
The committee may adopt additional procedures or requirements for:
(a)
voting, when there is a tie of the committee members;
(b)
how meetings are to be called; and
(c)
the frequency of meetings.
(6)
The committee shall establish a process to collect for each calendar year the following 
information:
(a)
the number of individuals statewide who are convicted of, plead guilty to, plead no 
contest to, plead guilty in a similar manner to, or resolve by diversion or its 
equivalent to a violation related to underage drinking of alcohol;
(b)
the number of individuals statewide who are convicted of, plead guilty to, plead no 
contest to, plead guilty in a similar manner to, or resolve by diversion or its 
equivalent to a violation related to driving under the influence of alcohol;
(c)
the number of violations statewide of Title 32B, Alcoholic Beverage Control Act, 
related to over-serving or over-consumption of an alcoholic product;
(d)
the cost of social services provided by the state related to abuse of alcohol, including 
services provided by the Division of Child and Family Services;
(e)
the location where the alcoholic products that result in the violations or costs 
described in Subsections (6)(a) through (d) are obtained; and
(f)
any information the committee determines can be collected and relates to the abuse of 
alcoholic products.
(7)
The committee shall:
(a)
 report the information collected under Subsection (6) annually to the governor, the 
Law Enforcement and Criminal Justice Interim Committee, and the State 
Commission on Criminal and Juvenile Justice by no later than the July 1 immediately 
following the calendar year for which the information is collected; and
(b)
provide all data collected before January 1, 2024, under Subsection (6) to the State 
Commission on Criminal and Juvenile Justice.
Section 5, Section 
26B-2-309
 is amended to read:
26B-2-309
. Assisted living facility transfers.
(1)
After the ombudsman receives a notice described in Subsection 
26B-2-237(2)(b)
, the 
ombudsman shall:
(a)
review the notice; and
(b)
contact the resident or the resident's responsible person to conduct a voluntary 
interview.
(2)
The voluntary interview described in Subsection 
(1)(b)
 shall:
(a)
provide the resident with information about the services available through the 
ombudsman;
(b)
confirm the details in the notice described in Subsection 
26B-2-237(2)(b)
, including:
(i)
the name of the resident;
(ii)
the reason for the transfer or discharge;
(iii)
the date of the transfer or discharge; and
(iv)
a description of the resident's next living arrangement; and
(c)
provide the resident an opportunity to discuss any concerns or complaints the 
resident may have regarding:
(i)
the resident's treatment at the assisted living facility; and
(ii)
whether the assisted living facility treated the resident fairly when the assisted 
living facility transferred or discharged the resident.
(3)
On or before November 1 of each year, the ombudsman shall provide a report to the 
Health and Human Services Interim Committee regarding:
(a)
the reasons why assisted living facilities are transferring residents;
(b)
where residents are going upon transfer or discharge; and
(c)
the type and prevalence of complaints that the ombudsman receives regarding 
assisted living facilities, including complaints about the process or reasons for a 
transfer or discharge.
Section 6, Section 
26B-3-107
 is amended to read:
26B-3-107
. Dental benefits.
(1)
(a)
Except as provided in Subsection 
(8)
, the division may establish a competitive bid 
process to bid out Medicaid dental benefits under this chapter.
(b)
The division may bid out the Medicaid dental benefits separately from other program 
benefits.
(2)
The division shall use the following criteria to evaluate dental bids:
(a)
ability to manage dental expenses;
(b)
proven ability to handle dental insurance;
(c)
efficiency of claim paying procedures;
(d)
provider contracting, discounts, and adequacy of network; and
(e)
other criteria established by the department.
(3)
The division shall request bids for the program's benefits at least once every five years.
(4)
The division's contract with dental plans for the program's benefits shall include risk 
sharing provisions in which the dental plan must accept 100% of the risk for any 
difference between the division's premium payments per client and actual dental 
expenditures.
(5)
The division may not award contracts to:
(a)
more than three responsive bidders under this section; or
(b)
an insurer that does not have a current license in the state.
(6)
(a)
The division may cancel the request for proposals if:
(i)
there are no responsive bidders; or
(ii)
the division determines that accepting the bids would increase the program's costs.
(b)
If the division cancels a request for proposal or a contract that results from a request 
for proposal described in Subsection 
(6)(a)
, the division shall report to the Health and 
Human Services Interim Committee regarding the reasons for the decision.
(7)
Title 63G, Chapter 6a, Utah Procurement Code
, shall apply to this section.
(8)
(a)
The division may:
(i)
establish a dental health care delivery system and payment reform pilot program 
for Medicaid dental benefits to increase access to cost effective and quality dental 
health care by increasing the number of dentists available for Medicaid dental 
services; and
(ii)
target specific Medicaid populations or geographic areas in the state.
(b)
The pilot program shall establish compensation models for dentists and dental 
hygienists that:
(i)
increase access to quality, cost effective dental care; and
(ii)
use funds from the Division of Family Health 
and Preparedness 
that are 
available to reimburse dentists for educational loans in exchange for the dentist 
agreeing to serve Medicaid and under-served populations.
(c)
The division may amend the state plan and apply to the Secretary of the United 
States Department of Health and Human Services for waivers or pilot programs if 
necessary to establish the new dental care delivery and payment reform model.
(d)
The division shall evaluate the pilot program's effect on the cost of dental care and 
access to dental care for the targeted Medicaid populations.
(9)
(a)
As used in this Subsection 
(9)
, "dental hygienist" means an individual who is 
licensed as a dental hygienist under Section 
58-69-301
.
(b)
The department shall reimburse a dental hygienist for dental services performed in a 
public health setting and in accordance with Subsection 
(9)(c)
 beginning on the 
earlier of:
(i)
January 1, 2023; or
(ii)
30 days after the date on which the replacement of the department's Medicaid 
Management Information System software is complete.
(c)
The department shall reimburse a dental hygienist directly for a service provided 
through the Medicaid program if:
(i)
the dental hygienist requests to be reimbursed directly; and
(ii)
the dental hygienist provides the service within the scope of practice described in 
Section 
58-69-801
.
(d)
Before November 30 of each year in which the department reimburses dental 
hygienists in accordance with Subsection 
(9)(c)
, the department shall report to the 
Health and Human Services Interim Committee, for the previous fiscal year:
(i)
the number and geographic distribution of dental hygienists who requested to be 
reimbursed directly;
(ii)
the total number of Medicaid enrollees who were served by a dental hygienist 
who were reimbursed under this Subsection 
(9)
;
(iii)
the total amount reimbursed directly to dental hygienists under this Subsection 
(9)
;
(iv)
the specific services and billing codes that are reimbursed under this Subsection 
(9)
; and
(v)
the aggregate amount reimbursed for each service and billing code described in 
Subsection 
(9)(d)(iv)
.
(e)
(d)
(i)
Except as provided in this Subsection 
(9)
, nothing in this Subsection 
(9)
shall be interpreted as expanding or otherwise altering the limitations and scope of 
practice for a dental hygienist.
(ii)
A dental hygienist may only directly bill and receive compensation for billing 
codes that fall within the scope of practice of a dental hygienist.
Section 7, 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;
(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)
(k)
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)
(l)
at the division's discretion, use the data described in Subsection 
(2)(l)
(2)(k)
 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)
(m)
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)
(n)
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
, 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 8, Section 
26B-5-607
 is amended to read:
26B-5-607
. Grants for development of an ACT team.
(1)
The division shall award grants for the development of one or more ACT teams to 
provide assertive community treatment to individuals in the state.
(2)
The division shall prioritize the award of a grant described in Subsection 
(1)
 to entities, 
based on:
(a)
the number of individuals the proposed ACT team will serve;
(b)
the ability of the entity to provide housing to individuals served under the program;
(c)
the ability of the entity to provide evidence of probable future program sustainability; 
and
(d)
the percentage of matching funds the entity will provide to develop the proposed 
ACT team.
(3)
(a)
An entity does not need to have resources already in place to be awarded a grant 
described in Subsection 
(1)
.
(b)
An entity may submit an application for and be awarded more than one grant 
pursuant to the prioritization described in Subsection 
(2)
.
(c)
An ACT team developed using a grant awarded under this section shall:
(i)
coordinate with local homeless councils and criminal justice coordinating councils 
to align the ACT team's services with existing services and strategic plans; and
(ii)
work with an individual served under the program to secure and maintain housing 
and provide wraparound services, including:
(A)
clinical support;
(B)
case management;
(C)
peer support;
(D)
employment support; and
(E)
other services identified in the long-term, statewide ACT team plan described 
in Section 
26B-5-606
.
(4)
The division shall make rules, in accordance with 
Title 63G, Chapter 3, Utah 
Administrative Rulemaking Act
, for the application and award of the grants described in 
Subsection 
(1)
.
(5)
Before June 30, 2024, and before June 30 of each subsequent fiscal year in which a 
grant is awarded under Subsection 
(1)
, the division shall report to the Health and Human 
Services Interim Committee regarding:
(a)
data gathered in relation to each awarded grant;
(b)
knowledge gained relating to the provision of medical and mental health services by 
ACT teams;
(c)
recommendations for the future use of ACT teams to provide medical and mental 
health services;
(d)
Medicaid reimbursement for services provided by ACT teams; and
(e)
aggregated data about the patients who have received services from an ACT team, 
including:
(i)
the number of ACT team patients who have a severe mental illness;
(ii)
the number of ACT team patients who have a co-occurring substance use 
disorder;
(iii)
the number of ACT team patients who are experiencing homelessness or facing 
housing insecurity; and
(iv)
the number of ACT team patients who, after the most recent report was made, 
have experienced:
(A)
an acute psychiatric hospitalization;
(B)
an arrest, incarceration, probation, or parole; or
(C)
a transition from homelessness or housing insecurity to supported housing or 
housing.
Section 9, Section 
63A-17-806
 is amended to read:
63A-17-806
. Definitions -- Infant at Work Pilot Program -- Administration.
(1)
As used in this section:
(a)
"Eligible employee" means an employee who has been employed by the Department 
of Health and Human Services for a minimum of:
(i)
12 consecutive months; and
(ii)
1,250 hours, excluding paid time off during the 12-month period immediately 
preceding the day on which the employee applies for participation in the program.
(b)
"Infant" means a baby that is at least six weeks of age and no more than six months 
of age.
(c)
"Parent" means:
(i)
a biological or adoptive parent of an infant; or
(ii)
an individual who has an infant placed in the individual's foster care by the 
Division of Child and Family Services.
(d)
"Program" means the Infant at Work Pilot Program established in this section.
(2)
There is created the Infant at Work Pilot Program for eligible employees.
(3)
The program shall:
(a)
allow an eligible employee to bring the eligible employee's infant to work subject to 
the provisions of this section;
(b)
be administered by the division; and
(c)
be implemented for a minimum of one year.
(4)
The division shall establish an application process for eligible employees of the 
Department of Health and Human Services to apply to the program that includes:
(a)
a process for evaluating whether an eligible employee's work environment is 
appropriate for an infant;
(b)
guidelines for infant health and safety; and
(c)
guidelines regarding an eligible employee's initial and ongoing participation in the 
program.
(5)
If the division approves the eligible employee for participation in the program, the 
eligible employee shall have the sole responsibility for the care and safety of the infant 
at the workplace.
(6)
The division may not require the Department of Health and Human Services to 
designate or set aside space for an eligible employee's infant other than the eligible 
employee's existing work space.
(7)
The division, in consultation with the Department of Health and Human Services, shall 
make rules that the department determines necessary to establish the program in 
accordance with 
Title 63G, Chapter 3, Utah Administrative Rulemaking Act
.
(8)
On or before June 30, 2025, the division, in consultation with the Department of Health 
and Human Services, shall submit a written report to the Business and Labor Interim 
Committee that describes the efficacy of the program, including any recommendations 
for additional legislative action.
Section 10, Section 
63M-7-204
 is amended to read:
63M-7-204
. Duties of commission.
(1)
The commission shall:
(a)
promote the commission's purposes as enumerated in Section 
63M-7-201
;
(b)
promote the communication and coordination of all criminal and juvenile justice 
agencies;
(c)
study, evaluate, and report on the status of crime in the state and on the effectiveness 
of criminal justice policies, procedures, and programs that are directed toward the 
reduction of crime in the state;
(d)
study, evaluate, and report on programs initiated by state and local agencies to 
address reducing recidivism, including changes in penalties and sentencing 
guidelines intended to reduce recidivism, costs savings associated with the reduction 
in the number of inmates, and evaluation of expenses and resources needed to meet 
goals regarding the use of treatment as an alternative to incarceration, as resources 
allow;
(e)
study, evaluate, and report on policies, procedures, and programs of other 
jurisdictions which have effectively reduced crime;
(f)
identify and promote the implementation of specific policies and programs the 
commission determines will significantly reduce crime in Utah;
(g)
provide analysis and recommendations on all criminal and juvenile justice 
legislation, state budget, and facility requests, including program and fiscal impact on 
all components of the criminal and juvenile justice system;
(h)
provide analysis, accountability, recommendations, and supervision for state and 
federal criminal justice grant money;
(i)
provide public information on the criminal and juvenile justice system and give 
technical assistance to agencies or local units of government on methods to promote 
public awareness;
(j)
promote research and program evaluation as an integral part of the criminal and 
juvenile justice system;
(k)
provide a comprehensive criminal justice plan annually;
(l)
review agency forecasts regarding future demands on the criminal and juvenile 
justice systems, including specific projections for secure bed space;
(m)
promote the development of criminal and juvenile justice information systems that 
are consistent with common standards for data storage and are capable of 
appropriately sharing information with other criminal justice information systems by:
(i)
developing and maintaining common data standards for use by all state criminal 
justice agencies;
(ii)
annually performing audits of criminal history record information maintained by 
state criminal justice agencies to assess their accuracy, completeness, and 
adherence to standards;
(iii)
defining and developing state and local programs and projects associated with 
the improvement of information management for law enforcement and the 
administration of justice; and
(iv)
establishing general policies concerning criminal and juvenile justice information 
systems and making rules as necessary to carry out the duties under Subsection 
(1)(k) and this Subsection (1)(m);
(n)
allocate and administer grants, from money made available, for approved education 
programs to help prevent the sexual exploitation of children;
(o)
allocate and administer grants for law enforcement operations and programs related 
to reducing illegal drug activity and related criminal activity;
(p)
request, receive, and evaluate data and recommendations collected and reported by 
agencies and contractors related to policies recommended by the commission 
regarding recidivism reduction, including the data described in Section 
13-53-111
and Subsection 
26B-5-102
(2)(l)
26B-5-102(2)(k)
;
(q)
establish and administer a performance incentive grant program that allocates funds 
appropriated by the Legislature to programs and practices implemented by counties 
that reduce recidivism and reduce the number of offenders per capita who are 
incarcerated;
(r)
oversee or designate an entity to oversee the implementation of juvenile justice 
reforms;
(s)
make rules and administer the juvenile holding room standards and juvenile jail 
standards to align with the Juvenile Justice and Delinquency Prevention Act 
requirements pursuant to 42 U.S.C. Sec. 5633;
(t)
allocate and administer grants, from money made available, for pilot qualifying 
education programs;
(u)
request, receive, and evaluate the aggregate data collected from prosecutorial 
agencies and the Administrative Office of the Courts, in accordance with Sections 
63M-7-216
 and 
78A-2-109.5
;
(v)
report annually to the Law Enforcement and Criminal Justice Interim Committee on 
the progress made on each of the following goals of the Justice Reinvestment 
Initiative:
(i)
ensuring oversight and accountability;
(ii)
supporting local corrections systems;
(iii)
improving and expanding reentry and treatment services; and
(iv)
strengthening probation and parole supervision;
(w)
compile a report of findings based on the data and recommendations provided under 
Section 
13-53-111
and Subsection 
26B-5-102
(2)(n) that:
(i)
that 
separates the data provided under Section 
13-53-111
 by each residential, 
vocational and life skills program
; and
;
(ii)
separates the data provided under Subsection 
26B-5-102
(2)(n) by each mental 
health or substance use treatment program;
(x)
publish the report described in Subsection (1)(w) on the commission's website and 
annually provide the report to the Judiciary Interim Committee, the Health and 
Human Services Interim Committee, the Law Enforcement and Criminal Justice 
Interim Committee, and the related appropriations subcommittees;
(y)
receive, compile, and publish on the commission's website the data provided under:
(i)
Section 
53-25-202
;
(ii)
Section 
53-25-301
; and
(iii)
Section 
53-25-401
;
(z)
review, research, advise, and make recommendations to the three branches of 
government regarding evidence-based sex offense management policies and 
practices, including supervision standards, treatment standards, and the sex offender 
registry;
(aa)
receive and evaluate a referral from the Department of Public Safety received under 
Section 
53-21-104.3
 involving a denial of mental health resources to an eligible 
individual, including, if appropriate in the commission's discretion, deny the relevant 
entity from receiving any grant of state funds under Section 
63M-7-218
 for a 
specified period of time; and
(bb)
accept public comment.
(2)
(a)
The commission may designate an entity to perform the duties described in this 
part.
(b)
If the commission designates an entity under Subsection (2)(a), the commission shall 
ensure that the membership of the designated entity includes representation from 
relevant stakeholder groups from the parts of the justice system implicated in the 
policy area.
(3)
in
In
 fulfilling the commission's duties under Subsection (1), the commission may seek 
input and request assistance from groups with knowledge and expertise in criminal 
justice, including other boards and commissions affiliated or housed within the 
commission.
Section 11. 
Effective Date.
This bill takes effect on 
May 7, 2025
.
3-14-25 2:28 PM