26B-1 - Department of Health and Human Services

Title 26B > 26B-1

Sections (96)

General Provisions

26B-1-102 - Definitions.

As used in this title: 26B-1-102(1) “Department” means the Department of Health and Human Services created in Section 26B-1-201. 26B-1-102(2) “Executive director” means the executive director of the department appointed under Section 26B-1-203. 26B-1-102(3) “Local health department” means the same as that term is defined in Section 26A-1-102. 26B-1-102(4) “Public health authority” means an agency or authority of the United States, a state, a territory, a political subdivision of a state or territory, an Indian tribe, or a person acting under a grant of authority from or a contract with such an agency, that is responsible for public health matters as part of the agency or authority’s official mandate.

26B-1-103 - Purpose of title — Consolidation of functions into single state agency.

The purpose of this title is to consolidate into a single agency of state government all of the functions previously exercised by the Department of Health and the Department of Human Services to more efficiently and effectively carry out the responsibilities delegated to the department by state law.

26B-1-104 - Severability of code provisions.

If a provision of this title or Title 26, Utah Health Code , or the application of any such provision to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this title or Title 26, Utah Health Code , which can be given effect without the invalid provision or application, and to this end the provisions of this title or Title 26, Utah Health Code , are declared to be severable.

26B-1-105 - Individual rights protected.

Nothing in this title prohibits an individual from choosing the diet, therapy, or mode of treatment to be administered to an individual or an individual’s family.

Department of Health and Human Services

26B-1-201 - Department of Health and Human Services — Creation — Duties.

26B-1-201(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. 26B-1-201(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:social service block grants;alcohol, drug, and mental health programs, including block grants;child welfare;state programs supported under the Older Americans Act, 42 U.S.C. Sec. 3001, et seq.;public health;health planning;maternal and child health;services for individuals with a disability; andmedical assistance. 26B-1-201(3) A state plan or program administered by the department:shall be developed in the appropriate divisions or offices of the department in accordance with applicable requirements of state and federal law; andmay be amended by the executive director to achieve coordination, efficiency, or economy.

26B-1-202 - Department authority and duties.

26B-1-202(1) As used in this section, “public funds” means the same as that term is defined in Section 26B-5-101. 26B-1-202(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: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;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;purchase, as authorized or required by law, services that the department is responsible to provide for legally eligible persons;conduct adjudicative proceedings for clients and providers in accordance with the procedures of Title 63G, Chapter 4, Administrative Procedures Act;establish eligibility standards for the department’s programs, not inconsistent with state or federal law or regulations;take necessary steps, including legal action, to recover money or the monetary value of services provided to a recipient who was not eligible;set and collect fees for the department’s services;license agencies, facilities, and programs, except as otherwise allowed, prohibited, or limited by law;acquire, manage, and dispose of any real or personal property needed or owned by the department, not inconsistent with state law;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;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;carry out the responsibility assigned in the workforce services plan by the State Workforce Development Board;carry out the responsibility assigned by Section 26B-1-430 with respect to coordination of services for students with a disability;provide training and educational opportunities for the department’s staff;collect child support payments and any other money due to the department;apply the provisions of Title 81, Chapter 6, Child Support, and Title 81, Chapter 7, Payment and Enforcement of Spousal and Child Support, to parents whose child lives out of the home in a department licensed or certified setting;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:designation of interagency teams for each juvenile court district in the state;delineation of assessment criteria and procedures;minimum requirements, and timeframes, for the development and implementation of a collaborative service plan for each minor placed in department custody; andprovisions for submittal of the plan and periodic progress reports to the court;carry out the responsibilities assigned to the department by statute;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;in accordance with Subsection 26B-2-104(1)(d), accredit one or more agencies and persons to provide intercountry adoption services;within legislative appropriations, promote and develop a system of care and stabilization services:in compliance with Title 63G, Chapter 6a, Utah Procurement Code; andthat encompasses the department, department contractors, and the divisions, offices, or institutions within the department, to:navigate services, funding resources, and relationships to the benefit of the children and families whom the department serves;centralize department operations, including procurement and contracting;develop policies that govern business operations and that facilitate a system of care approach to service delivery;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;create performance-based measures for the provision of services; andcentralize other business operations, including data matching and sharing among the department’s divisions, offices, and institutions;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:under this title;by the department; orby an agency or division within the department;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;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;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;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;investigate the causes of epidemic, infectious, communicable, and other diseases affecting the public health;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;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;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;abate nuisances when necessary to eliminate sources of filth and infectious and communicable diseases affecting the public health;make necessary sanitary and health investigations and inspections in cooperation with local health departments as to any matters affecting the public health;establish laboratory services necessary to support public health programs and medical services in the state;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;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;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;investigate the causes of maternal and infant mortality;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;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;conduct health planning for the state;monitor the costs of health care in the state and foster price competition in the health care delivery system;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;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;coordinate with other state agencies and other organizations to implement the state plan for Alzheimer’s disease and related dementia;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;oversee public education vision screening as described in Section 53G-9-404;issue code blue alerts in accordance with Title 35A, Chapter 16, Part 7, Code Blue Alert; andas 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:demographic data concerning family structures in the state; anddata regarding the family structure associated with:suicide, depression, or anxiety; andvarious health outcomes. 26B-1-202(3) 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.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.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.

26B-1-203 - Executive director — Appointment — Compensation — Qualifications — Deputy directors required — Responsibilities.

26B-1-203(1) 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.The executive director may be removed at the will of the governor.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. 26B-1-203(2) The executive director shall be experienced in administration, management, and coordination of complex organizations. 26B-1-203(3) The executive director or a deputy director shall:be informed and experienced in public health;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; andhave 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; orhave 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. 26B-1-203(4) If the executive director is not a physician, the executive director shall appoint a deputy director of the department who is a physician licensed to practice medicine in the state with experience in public health. 26B-1-203(5) The executive director is responsible for:administration and supervision of the department;coordination of policies and program activities conducted through the boards, divisions, and offices of the department;approval of the proposed budget of each board, division, and office within the department; andother duties as the Legislature or governor shall assign to the executive director. 26B-1-203(6) The executive director may appoint deputy or assistant directors to assist the executive director in carrying out the department’s responsibilities.

26B-1-204 - Creation of boards, divisions, and offices — Power to establish committees.

26B-1-204(1) The executive director shall make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, and not inconsistent with law for:the administration and government of the department;the conduct of the department’s employees; andthe custody, use, and preservation of the records, papers, books, documents, and property of the department. 26B-1-204(2) The following policymaking boards, councils, and committees are created within the Department of Health and Human Services:Board of Aging and Adult Services;Utah State Developmental Center Board;Health Facility Committee;Health Data Committee;Child Care Provider Licensing Committee;Adult Autism Treatment Program Advisory Committee;Youth Electronic Cigarette, Marijuana, and Other Drug Prevention Committee;Congregate Care Advisory Committee; andany boards, councils, or committees that are created by statute in this title. 26B-1-204(3) The following divisions and offices are created within the Department of Health and Human Services:relating to operations:the Division of Finance and Administration;the Division of Licensing and Background Checks;the Division of Customer Experience;the Division of Data, Systems, and Evaluation; andthe Division of Continuous Quality and Improvement;relating to healthcare administration:the Division of Integrated Healthcare, which shall include responsibility for:the state’s medical assistance programs; andbehavioral health programs described in Chapter 5, Health Care - Substance Use and Mental Health;the Division of Aging and Adult Services; andthe Division of Services for People with Disabilities;relating to community health and well-being:the Division of Child and Family Services;the Division of Family Health;the Division of Population Health;the Division of Juvenile Justice and Youth Services;the Office of Families; andthe Office of Recovery Services; andrelating to clinical services:the Division of Correctional Health Services; andthe Office of the Medical Examiner. 26B-1-204(4) The executive director may: establish offices to facilitate management of the department as required by, and in accordance with this title; orestablish one or more committees within the department if each established committee is:essential to the operation of the department; orrequired to review or discuss protected health information or other similarly sensitive materials to accomplish the committee’s responsibilities.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:the creation of the committee;the committee’s responsibilities; andthe membership of the committee.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).

26B-1-205 - Division directors — Appointment — Compensation — Qualifications.

26B-1-205(1) The executive director of the department has administrative jurisdiction over each division and office director. The executive director may make changes in personnel and service functions in the divisions and offices under the executive director’s administrative jurisdiction, and authorize designees to perform appropriate responsibilities, to effectuate greater efficiency and economy in the operations of the department. The executive director may establish offices and bureaus to perform functions such as budgeting, planning, data processing, and personnel administration, to facilitate management of the department. 26B-1-205(2) The chief officer of each division and office enumerated in Section 26B-1-204 shall be a director who shall serve as the executive and administrative head of the division or office. 26B-1-205(3) The executive director shall appoint each division director with the concurrence of the division’s board, if the division has a board. 26B-1-205(4) The director of any division may be removed from that position at the will of the executive director after consultation with that division’s board, if the division has a board. 26B-1-205(5) Directors of divisions and offices shall receive compensation as provided by Title 63A, Chapter 17, Utah State Personnel Management Act. 26B-1-205(6) The director of each division and office shall be experienced in administration and possess such additional qualifications as determined by the executive director, and as provided by law.

26B-1-206 - Limitation on establishment of advisory bodies.

26B-1-206(1) A department division or board:

may not establish permanent, ongoing advisory groups unless otherwise specifically created in federal or state statute; and shall comply with the provisions of this section. 26B-1-206(2) A division or board may establish subject-limited and time-limited ad hoc advisory groups to provide input necessary to carry out the division’s or board’s assigned responsibilities. When establishing such an advisory group, the board shall establish in writing a specific charge and time limit. 26B-1-206(3) The department shall consolidate an advisory group or committee with another committee or advisory group as appropriate to create greater efficiencies and budgetary savings for the department. 26B-1-206(4) A member of any ad hoc advisory group shall receive no compensation or benefits for their service. 26B-1-206(5) The provision of staffing and support to any ad hoc advisory group is contingent on availability of human and financial resources.

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.

26B-1-207(1) In establishing public health policy, the department shall consult with the local health departments established under Title 26A, Chapter 1, Local Health Departments. 26B-1-207(2) 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.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.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:emergency rules made in accordance with Section 63G-3-304; oritems not regulated under federal law, state statute, or state administrative rule. 26B-1-207(3) As used in this Subsection (3):“Committee” means the committee established under Subsection (3)(b).”Exempt application” means an application for a federal grant that meets the criteria established under Subsection (3)(c)(iv).”Expedited application” means an application for a federal grant that meets the criteria established under Subsection (3)(c)(v).”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.”Reviewable application” means an application for a federal grant that is not an exempt application.The department shall establish a committee consisting of:the executive director, or the executive director’s designee;two representatives of the department, appointed by the executive director; andthree representatives of local health departments, appointed by all local health departments.The committee shall: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;evaluate policies and rules that affect local health departments in accordance with Subsection (3)(g);consider department policy and rule changes proposed by the department or local health departments;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); andestablish 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.The committee shall review the goals and budget for each reviewable application:before the application is submitted, except for an expedited application; andfor 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.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).An exempt application is exempt from the requirements of Subsection (3)(d).The department may use money from a federal grant to pay administrative costs incurred in implementing this Subsection (3).When evaluating a policy or rule that affects a local health department, the committee shall determine:whether the department has the authority to promulgate the policy or rule;an estimate of the cost a local health department will bear to comply with the policy or rule;whether there is any funding provided to a local health department to implement the policy or rule; andwhether the policy or rule is still needed.

26B-1-208 - Participation in federal programs — Federal grants — Authority of executive director.

26B-1-208(1) The executive director may, by following the procedures and requirements of Title 63J, Chapter 5, Federal Funds Procedures Act, seek federal grants, loans, or participation in federal programs. 26B-1-208(2) Wherever state law authorizes a board, director, division, or office of the department to accept any grant, fund, or service which is to be advanced or contributed in whole or in part by the federal government, that acceptance shall be subject to the approval or disapproval of the executive director. 26B-1-208(3) All applications for federal grants or other federal financial assistance for the support of any department program is subject to the approval of the executive director. 26B-1-208(4) If any executive or legislative provision of the federal government so requires, as a condition to participation by this state in any fund, property, or service, the executive director, with the governor’s approval, shall expend whatever funds are necessary out of the money provided by the Legislature for use and disbursement by that department.

26B-1-209 - Fee schedule adopted by department.

26B-1-209(1) The department may adopt a schedule of fees that may be assessed for services rendered by the department, provided that the fees are:

reasonable and fair; and submitted to the Legislature as part of the department’s annual appropriations request. 26B-1-209(2) When the department submits a fee schedule to the Legislature, the Legislature, in accordance with Section 63J-1-504, may:

approve the fee; increase or decrease and approve the fee; or reject any fee submitted to it. 26B-1-209(3) Fees approved by the Legislature under this section shall be paid into the state treasury.

26B-1-210 - Department budget — Reports from divisions.

26B-1-210(1) The department shall prepare and submit to the governor, for inclusion in the governor’s budget to be submitted to the Legislature, a budget of the department’s financial requirements needed to carry out the department’s responsibilities, as provided by law during the fiscal year following the Legislature’s next Annual General Session. 26B-1-210(2) The executive director shall require a report from each of the divisions and offices of the department, to aid in preparation of the departmental budget.

26B-1-211 - Background checks for employees — Access to abuse and neglect information to screen employees and volunteers.

26B-1-211(1) As used in this section, “bureau” means the Bureau of Criminal Identification created in Section 53-10-201. 26B-1-211(2) Beginning July 1, 2018, the department may require a fingerprint-based local, regional, and national criminal history background check and ongoing monitoring of:all staff, contracted employees, and volunteers who:have access to protected health information or personal identifying information;have direct access to patients, children, or vulnerable adults as defined in Section 26B-2-101;work in areas of privacy and data security;handle financial information, including receipt of funds, reviewing invoices, making payments, and other types of financial information; andperform audit functions, whether internal or external, on behalf of the department; andjob applicants who have been offered a position with the department and the job requirements include those described in Subsection (2)(a). 26B-1-211(3) Beginning July 1, 2022, for the purposes described in Subsection (2), the department may also access:the department’s Management Information System created in Section 80-2-1001;the department’s Licensing Information System created in Section 80-2-1002;the statewide database of the Division of Aging and Adult Services created by Section 26B-6-210;juvenile court records under Subsection 80-3-404(4) or 80-3-504(6); andlicensing and certification records of individuals licensed or certified by the Division of Professional Licensing under Title 58, Occupations and Professions. 26B-1-211(4) Each individual in a position listed in Subsection (2) shall provide a completed fingerprint card to the department upon request. 26B-1-211(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). 26B-1-211(6) For a noncriminal justice background search and registration in accordance with Subsection 53-10-108(13), the department shall submit to the bureau:the applicant’s personal identifying information and fingerprints for a criminal history search of applicable local, regional, and national databases; anda request for all information received as a result of the local, regional, and nationwide background check. 26B-1-211(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. 26B-1-211(8) The department may make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, that:determine how the department will assess the employment status of an individual upon receipt of background information;determine when an individual would be disqualified from holding a position based on:the type of crimes and the severity of those crimes; orone or more substantiated or supported findings of abuse, neglect, or exploitation; andidentify the appropriate privacy risk mitigation strategy to be used in accordance with Subsection 53-10-108(13)(b).

26B-1-212 - Confidential records.

26B-1-212(1) A record classified as confidential under this title shall remain confidential, and be released according to the provisions of this title, notwithstanding Section 63G-2-310. 26B-1-212(2) In addition to a person granted access to a private record described in Subsection 63G-2-302(1)(b), a school, school district, local health department, and the department may share an immunization record as defined in Section 53G-9-301 or any other record relating to a vaccination or immunization as necessary to ensure compliance with Title 53G, Chapter 8, Part 3, Physical Restraint of Students, and to prevent, investigate, and control the causes of epidemic, infectious, communicable, and other diseases affecting the public health.

26B-1-213 - Department and committee rules and proceedings.

26B-1-213(1) Except in areas subject to concurrence between the department and a committee created under this title, the department shall have the power to adopt, amend, or rescind rules necessary to carry out the provisions of this title.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. When the provisions of this title require concurrence between the department and a committee created under this title:the department shall report to and update the committee on a regular basis related to matters requiring concurrence; and the committee shall review the report submitted by the department under this Subsection (1)(c) and shall:concur with the report; or provide a reason for not concurring with the report and provide an alternative recommendation to the department. 26B-1-213(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. 26B-1-213(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. 26B-1-213(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. 26B-1-213(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. 26B-1-213(6) The department and all committees, boards, divisions, and offices created under this title shall comply with the procedures and requirements of Title 63G, Chapter 4, Administrative Procedures Act, in any adjudicative proceedings. 26B-1-213(7) 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.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.

26B-1-214 - Executive director — Enforcement powers.

Subject to the restrictions in this title and to the extent permitted by state law, the executive director is empowered to issue orders to enforce state laws and rules established by the department except where the enforcement power is given to a committee created under Section 26B-1-204 .

26B-1-215 - Actions on behalf of department — Party in interest.

26B-1-215(1) The executive director, each of the department’s boards, divisions, offices, and the director of each division or office, shall, in the exercise of any power, duty, or function under any statute of this state, is considered to be acting on behalf of the department. 26B-1-215(2) The department, through the executive director or through any of the department’s boards, divisions, offices, or directors, shall be considered the party in interest in all actions at law or in equity, where the department or any constituent, board, division, office, or official thereof is authorized by any statute of the state to be a party to any legal action.

26B-1-216 - Powers and duties of the department — Quality and design.

The department shall: 26B-1-216(1) monitor and evaluate the quality of services provided by the department including:in accordance with Part 5, Fatality Review, monitoring, reviewing, and making recommendations relating to a fatality review;overseeing the duties of the child protection ombudsman appointed under Section 80-2-1104; andconducting internal evaluations of the quality of services provided by the department and service providers contracted with the department; 26B-1-216(2) conduct investigations described in Section 80-2-703; 26B-1-216(3) develop an integrated human services system and implement a system of care by:designing and implementing a comprehensive continuum of services for individuals who receive services from the department or a service provider contracted with the department;establishing and maintaining department contracts with public and private service providers;establishing standards for the use of service providers who contract with the department;coordinating a service provider network to be used within the department to ensure individuals receive the appropriate type of services;centralizing the department’s administrative operations; andintegrating, analyzing, and applying department-wide data and research to monitor the quality, effectiveness, and outcomes of services provided by the department; 26B-1-216(4) 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:alcohol; orother drugs or substances that the department reasonably determines could impair an individual or that is illegal for the individual to possess or consume; andensure that the results of the test described in Subsection (4)(a) are provided through a secure medium and in a timely manner; 26B-1-216(5) use available data to structure programs and activities to ensure populations have access to health and wellness education, information, resources, and services; 26B-1-216(6) efficiently use funding and resources to promote health and safety; and 26B-1-216(7) include an understanding of the impacted populations and supporting data in staff training.

26B-1-217 - Content and form of certificates and reports.

26B-1-217(1) Certificates, certifications, forms, reports, other documents and records, and the form of communication between persons required by this title shall be prepared in the form prescribed by department rule. 26B-1-217(2) Certificates, certifications, forms, reports, or other documents and records, and communications between persons required by this title may be signed, filed, verified, registered, and stored by photographic, electronic, or other means as prescribed by department rule.

26B-1-218 - Intergenerational poverty mitigation reporting.

26B-1-218(1) As used in this section:

“Cycle of poverty” means the same as that term is defined in Section 35A-9-102. “Intergenerational poverty” means the same as that term is defined in Section 35A-9-102. 26B-1-218(2) On or before October 1 of each year, the department shall provide an annual report to the Department of Workforce Services for inclusion in the intergenerational poverty report described in Section 35A-9-202. 26B-1-218(3) The report shall:

describe policies, procedures, and programs that the department has implemented or modified to help break the cycle of poverty and end welfare dependency for children in the state affected by intergenerational poverty; and contain recommendations to the Legislature on how to address issues relating to breaking the cycle of poverty and ending welfare dependency for children in the state affected by intergenerational poverty.

26B-1-219 - Requirements for issuing, recommending, or facilitating rationing criteria.

26B-1-219(1) As used in this section:“Health care resource” means:health care as defined in Section 78B-3-403;a prescription drug as defined in Section 58-17b-102;a prescription device as defined in Section 58-17b-102;a nonprescription drug as defined in Section 58-17b-102; orany supply or treatment that is intended for use in the course of providing health care as defined in Section 78B-3-403.”Rationing criteria” means any requirement, guideline, process, or recommendation regarding:the distribution of a scarce health care resource; orqualifications or criteria for a person to receive a scarce health care resource.”Rationing criteria” includes crisis standards of care with respect to any health care resource.”Scarce health care resource” means a health care resource: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;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; andthat the federal government has allocated to the state to distribute. 26B-1-219(2) 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.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). 26B-1-219(3) The procedures developed by the department under Subsection (2) shall include, at a minimum:a requirement that the department notify the following individuals in writing before rationing criteria are issued, are recommended, or take effect:the Rules Review and General Oversight Committee created in Section 36-35-102;the governor or the governor’s designee;the president of the Senate or the president’s designee;the speaker of the House of Representatives or the speaker’s designee;the executive director or the executive director’s designee; andif rationing criteria affect hospitals in the state, a representative of an association representing hospitals throughout the state, as designated by the executive director; andprocedures for an emergency circumstance which shall include, at a minimum:a description of the circumstances under which emergency procedures described in this Subsection (3)(b) may be used; anda 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. 26B-1-219(4) The requirements described in this section and rules made under this section shall apply regardless of whether rationing criteria:have the force and effect of law, or is solely advisory, informative, or descriptive;are carried out or implemented directly or indirectly by the department or by other individuals or entities; orare developed solely by the department or in collaboration with other individuals or entities. 26B-1-219(5) This section:may not be suspended under Section 53-2a-209 or any other provision of state law relating to a state of emergency;does not limit a private entity from developing or implementing rationing criteria; anddoes not require the department to adopt, modify, require, facilitate, or recommend rationing criteria that the department does not determine to be necessary or appropriate. 26B-1-219(6) Subsection (2) does not apply to rationing criteria that are adopted, modified, required, facilitated, or recommended by the department:through the regular, non-emergency rulemaking procedure described in Section 63G-3-301;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;to the extent that compliance with this section would result in a direct violation of federal law;that are necessary for administration of the Medicaid program;if state law explicitly authorizes the department to engage in rulemaking to establish rationing criteria; orif rationing criteria are authorized directly through a general appropriation bill that is validly enacted.

26B-1-220 - Legal advice and representation for department.

26B-1-220(1) The attorney general shall be the legal adviser for the department and the executive director and shall defend them in all actions and proceedings brought against either of them. The county attorney of the county in which a cause of action arises or a public offense occurs shall bring any civil action requested by the executive director to abate a condition which exists in violation of the public health laws or standards, orders, and rules of the department as provided in Section 26B-1-224. 26B-1-220(2) The district attorney or county attorney having criminal jurisdiction shall prosecute for the violation of the public health laws or standards, orders, and rules of the department as provided in Section 26B-1-224. 26B-1-220(3) If the county attorney or district attorney fails to act, the executive director may bring any such action and shall be represented by the attorney general or, with the approval of the attorney general, by special counsel.

26B-1-221 - Administrative review of actions of department or director.

Any person aggrieved by any action or inaction of the department or its executive director may request an adjudicative proceeding by following the procedures and requirements of Title 63G, Chapter 4, Administrative Procedures Act .

26B-1-222 - Violation of public health laws or orders unlawful.

It shall be unlawful for any person, association, or corporation, and the officers thereof: 26B-1-222(1) to willfully violate, disobey, or disregard the provisions of the public health laws or the terms of any lawful notice, order, standard, rule, or regulation issued thereunder; 26B-1-222(2) to fail to remove or abate from private property under the person’s control at the person’s own expense, within 48 hours, or such other reasonable time as the health authorities shall determine, after being ordered to do so by the health authorities, any nuisance, source of filth, cause of sickness, dead animal, health hazard, or sanitation violation within the jurisdiction and control of the department, whether the person, association, or corporation shall be the owner, tenant, or occupant of such property; provided, however, when any such condition is due to an act of God, it shall be removed at public expense; 26B-1-222(3) to pay, give, present, or otherwise convey to any officer or employee of the department any gift, remuneration or other consideration, directly or indirectly, which such officer or employee is forbidden to receive by the provisions of Sections 26B-1-220 and 26B-1-228; or 26B-1-222(4) to fail to make or file reports required by law or rule of the department relating to the existence of disease or other facts and statistics relating to the public health.

26B-1-223 - Unlawful acts by department officers and employees.

It shall be unlawful for any officer or employee of the department: 26B-1-223(1) to accept any gift, remuneration, or other consideration, directly or indirectly, for an incorrect or improper performance of the duties imposed upon the officer or employee by or in behalf of the department or by the provisions of Sections 26B-1-220 and 26B-1-228; or 26B-1-223(2) to perform any work, labor, or services other than the duties assigned to the officer or employee on behalf of the department during the hours such officer or employee is regularly employed by the department, or to perform the officer or employee’s duties as an officer or employee of the department under any condition or arrangement that involves a violation of this or any other law of the state.

26B-1-224 - Criminal and civil penalties and liability for violations.

26B-1-224(1) Any person, association, corporation, or an officer of a person, an association, or a corporation, who violates any provision of Section 26B-1-222 or 26B-1-223, or lawful orders of the department or a local health department in a criminal proceeding is guilty of a class B misdemeanor for the first violation, and for any subsequent similar violation within two years, is guilty of a class A misdemeanor, except this section does not establish the criminal penalty for a violation of Section 26B-8-134. Conviction in a criminal proceeding does not preclude the department or a local health department from assessment of any civil penalty, administrative civil money penalty or to deny, revoke, condition, or refuse to renew a permit, license, or certificate or to seek other injunctive or equitable remedies. 26B-1-224(2) Subject to Subsections (2)(c) and (d), any association, corporation, or an officer of an association or a corporation, who violates any provision of this title or lawful orders of the department or a local health department, or rules adopted under this title by the department: may be assessed, in a judicial civil proceeding, a penalty not to exceed the sum of $5,000perviolation;ormaybeassessed,inanadministrativeactioninaccordancewithTitle63G,Chapter4,AdministrativeProceduresAct,orsimilarproceduresadoptedbylocalorcountygovernment,apenaltynottoexceedthesumof$5,000 per violation. Subject to Subsections (2)(c) and (d), an individual who violates any provision of this title or lawful orders of the department or a local health department, or rules adopted under this title by the department: may be assessed, in a judicial civil proceeding, a penalty not to exceed the sum of $150perviolation;ormaybeassessed,inanadministrativeactioninaccordancewithTitle63G,Chapter4,AdministrativeProceduresAct,orsimilarproceduresadoptedbylocalorcountygovernment,apenaltynottoexceedthesumof$150 per violation. Except as provided in Subsection (2)(c)(ii), a penalty described in Subsection (2)(a) or (b) may only be assessed against the same individual, association, or corporation one time in a calendar week. Notwithstanding Subsection (2)(c)(i), an individual, an association, a corporation, or an officer of an association or a corporation, who willfully disregards or recklessly violates a provision of this title or lawful orders of the department or a local health department, or rules adopted under this title by the department, may be assessed a penalty as described in Subsection (2)(a) for each day of violation if it is determined that the violation is likely to result in a serious threat to public health. Upon reasonable cause shown in judicial civil proceeding or an administrative action, a penalty imposed under this Subsection (2) may be waived or reduced. 26B-1-224(3) Assessment of any civil penalty or administrative penalty does not preclude the department or a local health department from seeking criminal penalties or to deny, revoke, impose conditions on, or refuse to renew a permit, license, or certificate or to seek other injunctive or equitable remedies. 26B-1-224(4) In addition to any penalties imposed under Subsection (1), a person, association, corporation, or an officer of a person, an association, or a corporation, is liable for any expense incurred by the department in removing or abating any health or sanitation violations, including any nuisance, source of filth, cause of sickness, or dead animal.

26B-1-225 - Application of enforcement procedures and penalties.

Enforcement procedures and penalties provided in Sections 26B-1-222 through 26B-1-224 do not apply to other chapters in this title which provide for specific enforcement procedures and penalties.

26B-1-226 - Representatives of department authorized to enter regulated premises.

26B-1-226(1) Authorized representatives of the department upon presentation of appropriate identification shall be authorized to enter upon the premises of properties regulated under this title to perform routine inspections to ensure compliance with rules adopted by the department. 26B-1-226(2) This section does not authorize the department to inspect private dwellings.

26B-1-227 - Authority of department as to functions transferred from other agencies.

26B-1-227(1) If functions transferred from other agencies are vested by this code in the department, the department shall be the successor in every way, with respect to such functions, except as otherwise provided by this code. Every act done in the exercise of such functions by the department shall have the same force and effect as if done by the agency in which the functions were previously vested. 26B-1-227(2) Whenever any such agency is referred to or designated by law, contract, or other document, the reference or designation shall apply to the department.

26B-1-228 - Religious exemptions from code — Regulation of state-licensed healing system practice unaffected by code.

26B-1-228(1) Except as provided in Subsection (1)(b), nothing in this code shall be construed to compel any person to submit to any medical or dental examination or treatment under the authority of this code when such person, or the parent or guardian of any such person objects to such examination or treatment on religious grounds, or to permit any discrimination against such person on account of such objection. An exemption from medical or dental examination, described in Subsection (1)(a), may not be granted if the executive director has reasonable cause to suspect a substantial menace to the health of other persons exposed to contact with the unexamined person. 26B-1-228(2) Nothing in this code shall be construed as authorizing the supervision, regulation, or control of the remedial care or treatment of residents in any home or institution conducted for those who rely upon treatment by prayer or spiritual means in accordance with the creed or tenets of any well recognized church or religious denomination, provided the statutes and regulations on sanitation are complied with. 26B-1-228(3) Nothing in this code shall be construed or used to amend any statute now in force pertaining to the scope of practice of any state-licensed healing system.

26B-1-229 - Authority to provide data on treatment and condition of persons to designated agencies — Immunity from liability — Information considered privileged communication — Information held in confidence — Penalties for violation.

26B-1-229(1) As used in this section:

“Health care facility” means the same as that term is defined in Section 26B-2-201. “Health care provider” means the same as that term is defined in Section 78B-3-403. 26B-1-229(2) Any person, health facility, or other organization may, without incurring liability, provide the following information to the persons and entities described in Subsection (3):

information as determined by the state registrar of vital records appointed under Chapter 8, Part 1, Vital Statistics; interviews; reports; statements; memoranda; familial information; and other data relating to the condition and treatment of any person. 26B-1-229(3) The information described in Subsection (2) may be provided to:

the department and local health departments; the Division of Integrated Healthcare within the department; scientific and health care research organizations affiliated with institutions of higher education; the Utah Medical Association or any of its allied medical societies; peer review committees; professional review organizations; professional societies and associations; and any health facility’s in-house staff committee for the uses described in Subsection (4). 26B-1-229(4) The information described in Subsection (2) may be provided for the following purposes:

study and advancing medical research, with the purpose of reducing the incidence of disease, morbidity, or mortality; or the evaluation and improvement of hospital and health care rendered by hospitals, health facilities, or health care providers. 26B-1-229(5) Any person may, without incurring liability, provide information, interviews, reports, statements, memoranda, or other information relating to the ethical conduct of any health care provider to peer review committees, professional societies and associations, or any in-hospital staff committee to be used for purposes of intraprofessional society or association discipline. 26B-1-229(6) No liability may arise against any person or organization as a result of:

providing information or material authorized in this section; releasing or publishing findings and conclusions of groups referred to in this section to advance health research and health education; or releasing or publishing a summary of these studies in accordance with this section. 26B-1-229(7) The information described in Subsection (2) that is provided to the entities described in Subsection (3): shall be used and disclosed by the entities described in Subsection (3) in accordance with this section; and is not subject to Title 63G, Chapter 2, Government Records Access and Management Act. The Office of Substance Use and Mental Health, scientific and health care research organizations affiliated with institutions of higher education, the Utah Medical Association or any of the Utah Medical Association’s allied medical societies, peer review committees, professional review organizations, professional societies and associations, or any health facility’s in-house staff committee may only use or publish the information or material received or gathered under this section for the purpose of study and advancing medical research or medical education in the interest of reducing the incidence of disease, morbidity, or mortality, except that a summary of studies conducted in accordance with this section may be released by those groups for general publication. 26B-1-229(8) All information, interviews, reports, statements, memoranda, or other data furnished by reason of this section, and any findings or conclusions resulting from those studies are privileged communications and are not subject to discovery, use, or receipt in evidence in any legal proceeding of any kind or character. 26B-1-229(9) All information described in Subsection (2) that is provided to a person or organization described in Subsection (3) shall be held in strict confidence by that person or organization, and any use, release, or publication resulting therefrom shall be made only for the purposes described in Subsections (4) and (7) and shall preclude identification of any individual or individuals studied. Notwithstanding Subsection (9)(a), the department’s use and disclosure of information is not governed by this section. 26B-1-229(10) Any use, release, or publication, negligent or otherwise, contrary to the provisions of this section is a class B misdemeanor. Subsection (10)(a) does not relieve the person or organization responsible for such use, release, or publication from civil liability.

26B-1-231 - Office of American Indian-Alaska Native Health and Family Services — Creation — Director — Purpose — Duties.

26B-1-231(1) “Director” means the director of the office appointed under Subsection (3). “Office” means the Office of American Indian-Alaska Native Health and Family Services created in Subsection (2). 26B-1-231(2) There is created within the department the Office of American Indian-Alaska Native Health and Family Services. 26B-1-231(3) The executive director shall appoint a director of the office who:

has a bachelor’s degree from an accredited university or college; is experienced in administration; and is knowledgeable about the areas of American Indian-Alaska Native practices. 26B-1-231(4) The director is the administrative head of the office and shall serve under the supervision of the executive director. The executive director may hire staff as necessary to carry out the duties of the office described in Subsection (5)(b). 26B-1-231(5) The purpose of the office is to oversee and coordinate department services for Utah’s American Indian-Alaska Native populations. The office shall: oversee and coordinate department services for Utah’s American Indian-Alaska Native populations; conduct regular and meaningful consultation with Indian tribes when there is a proposed department action that has an impact on an Indian tribe as a sovereign entity; monitor agreements between the department and Utah’s American Indian-Alaska Native populations; and oversee the health liaison appointed under Section 26B-1-232 and ICWA liaison appointed under Section 26B-1-233.

26B-1-232 - American Indian-Alaska Native Health Liaison — Appointment — Duties.

26B-1-232(1) “Director” means the director of the Office of American Indian-Alaska Native Health and Family Services appointed under Section 26B-1-231.”Health care” means care, treatment, service, or a procedure to improve, maintain, diagnose, or otherwise affect an individual’s physical or mental condition.”Health liaison” means the American Indian-Alaska Native Health Liaison appointed under Subsection (2). 26B-1-232(2) The executive director shall appoint an individual as the American Indian-Alaska Native Health Liaison.The health liaison shall serve under the supervision of the director. 26B-1-232(3) The health liaison shall: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;interact with the following to improve health disparities for Utah’s American Indian-Alaska Native populations:tribal health programs;local health departments;state agencies and officials; andproviders of health care in the private sector;facilitate education, training, and technical assistance regarding public health and medical assistance programs to Utah’s American Indian-Alaska Native populations; andstaff 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.

26B-1-233 - Indian Child Welfare Act Liaison — Appointment — Qualifications — Duties.

26B-1-233(1) As used in this section:

“Director” means the director of the Office of American Indian-Alaska Native Health and Family Services appointed under Section 26B-1-231. “ICWA liaison” means the Indian Child Welfare Act Liaison appointed under Subsection (2). 26B-1-233(2) The executive director shall appoint an individual as the Indian Child Welfare Act Liaison who: has a bachelor’s degree from an accredited university or college; and is knowledgeable about the areas of child and family services and Indian tribal child rearing practices. The ICWA liaison shall serve under the supervision of the director. 26B-1-233(3) The ICWA liaison shall:

act as a liaison between the department and Utah’s American Indian populations regarding child and family services; provide training to department employees regarding the requirements and implementation of the Indian Child Welfare Act, 25 U.S.C. Secs. 1901-1963; develop and facilitate education and technical assistance programs for Utah’s American Indian populations regarding available child and family services; promote and coordinate collaborative efforts between the department and Utah’s American Indian population to improve the availability and accessibility of quality child and family services for Utah’s American Indian populations; and interact with the following to improve delivery and accessibility of child and family services for Utah’s American Indian populations: state agencies and officials; and providers of child and family services in the public and private sector. 26B-1-233(4) The ICWA liaison shall annually report the liaison’s activities and accomplishments to the Native American Legislative Liaison Committee created in Section 36-22-1.

26B-1-234 - Handling of child sexual abuse material.

26B-1-234(1) As used in this section:

“Child sexual abuse material” means the same as that term is defined in Section 76-5b-103. “Secure” means to prevent and prohibit access, electronic upload, transmission, or transfer of an image. 26B-1-234(2) The department or a division within the department may not retain child sexual abuse material longer than is necessary to comply with the requirements of this section. 26B-1-234(3) When the department or a division within the department obtains child sexual abuse material as a result of an employee unlawfully viewing child sexual abuse material, the department or division shall consult with and follow the guidance of the Division of Human Resource Management regarding personnel action and local law enforcement regarding retention of the child sexual abuse material. 26B-1-234(4) When the department or a division within the department obtains child sexual abuse material as a result of a report or an investigation, the department or division shall immediately secure the child sexual abuse material, or the electronic device if the child sexual abuse material is digital, and contact the law enforcement office that has jurisdiction over the area where the division’s case is located.

26B-1-236 - Experimental animals — Authorization — Minimum period of impoundment — Requirements — Fees — Records — Revocation — Rulemaking and investigation.

26B-1-236(1) As used in this section, “institution” means any school or college of agriculture, veterinary medicine, medicine, pharmacy, or dentistry or other educational, hospital, or scientific establishment properly concerned with the investigation of or instruction concerning the structure or functions of living organisms, the cause, prevention, control, or cure of diseases or abnormal condition of human beings or animals. 26B-1-236(2) Institutions may apply to the department for authorization to obtain animals from establishments maintained for the impounding, care, and disposal of animals seized by lawful authority. If, after an investigation under Subsection (2)(a), the department finds that the institution meets the requirements of this section and the department’s rules and that the public interest will be served thereby, the department may authorize the institution to obtain animals under this section. 26B-1-236(3) Subject to Subsection (4), the governing body of the county or municipality in which an establishment is located may make available to an authorized institution as many impounded animals in that establishment as the institution may request. 26B-1-236(4) A governing body described in Subsection (3) may not make an impounded animal available to an institution, unless:

the animal has been legally impounded for the longer of: at least five days; or the minimum period provided for by local ordinance; the animal has not been claimed or redeemed by: the animal’s owner; or any other person entitled to claim or redeem the animal; and the establishment has made a reasonable effort to: find the rightful owner of the animal, including checking if the animal has a tag or microchip; and if the owner is not found, make the animal available to others during the impound period. 26B-1-236(5) Owners of animals who voluntarily provide their animals to an establishment may, by signature, determine whether or not the animal may be provided to an institution or used for research or educational purposes. 26B-1-236(6) The authorized institution shall provide, at the authorized institution’s own expense, for the transportation of such animals from the establishment to the institution and shall use them only in the conduct of scientific and educational activities and for no other purpose. 26B-1-236(7) The institution shall reimburse the establishment for animals received. The fee described in Subsection (7)(a) shall be, at a minimum, $15forcatsand$20 for dogs. The fee described in Subsection (7)(a) shall be increased as determined by the department, based on fluctuations or changes in the Consumer Price Index. 26B-1-236(8) Each institution shall keep a public record of all animals received and disposed of. 26B-1-236(9) The department, upon 15 days written notice and an opportunity to be heard, may revoke an institution’s authorization if the institution has violated any provision of this section, or has failed to comply with the conditions required by the department with respect to the issuance of authorization. 26B-1-236(10) In carrying out the provisions of this section, the department may adopt rules for:

controlling the humane use of animals; diagnosis and treatment of human and animal diseases; advancement of veterinary, dental, medical, and biological sciences; and testing, improvement, and standardization of laboratory specimens, biologic projects, pharmaceuticals, and drugs. 26B-1-236(11) The department may inspect or investigate any institution that applies for or is authorized to obtain animals.

26B-1-237 - Office of Internal Audit.

The Office of Internal Audit: 26B-1-237(1) may not be placed within a division; 26B-1-237(2) shall be placed directly under, and report directly to, the executive director of the Department of Health and Human Services; and 26B-1-237(3) shall have full access to all records of the department.

26B-1-239 - Systematic medical evidence review of hormonal transgender treatments.

26B-1-239(1) As used in this section, “hormonal transgender treatment” means the same as that term is defined in Section 58-1-603. 26B-1-239(2) The department, in consultation with the Division of Professional Licensing created in Section 58-1-103, the Medical Licensing Board created in Section 58-67-201, the University of Utah, and a non-profit hospital system with multiple hospitals in Utah and experience in specialty pediatric care, shall conduct a systematic medical evidence review regarding the provision of hormonal transgender treatments to minors. 26B-1-239(3) The purpose of the systematic medical evidence review is to provide the Legislature with recommendations to consider when deciding whether to lift the moratorium described in Section 58-1-603.1. 26B-1-239(4) The systematic medical evidence review shall:analyze hormonal transgender treatments that are prescribed to a minor with gender dysphoria, including:analyzing any effects and side effects of the treatment; andwhether each treatment has been approved by the federal Food and Drug Administration to treat gender dysphoria;review the scientific literature regarding hormonal transgender treatments in minors, including short-term and long-term impacts, literature from other countries, and rates of desistence and time to desistence where applicable;review the quality of evidence cited in any scientific literature including to analyze and report on the quality of the data based on techniques such as peer review, selection bias, self-selection bias, randomization, sample size, and other applicable best research practices;include high quality clinical research assessing the short-term and long-term benefits and harms of hormonal transgender treatments prescribed to minors with gender dysphoria and the short-term and long-term benefits and harms of interrupting the natural puberty and development processes of the child;specify the conditions under which the department recommends that a treatment not be permitted;recommend what information a minor and the minor’s parent should understand before consenting to a hormonal transgender treatment;recommend the best practices a health care provider should follow to provide the information described in Subsection (4)(f);describe the assumptions and value determinations used to reach a recommendation; andinclude any other information the department, in consultation with the entities described in Subsection (2), determines would assist the Legislature in enacting legislation related to the provision of hormonal transgender treatment to minors. 26B-1-239(5) Upon the completion of the systematic medical evidence review, the department shall provide the systematic medical evidence review to the Health and Human Services Interim Committee.

26B-1-240 - License by endorsement.

26B-1-240(1) As used in this section, “license” means an authorization that permits the holder to engage in the practice of a profession regulated under this title. 26B-1-240(2) Subject to Subsections (4) through (7), the department shall issue a license to an applicant who has been licensed in another state, district, or territory of the United States if:

the department determines that the license issued by the other state, district, or territory encompasses a similar scope of practice as the license sought in this state; the applicant has at least one year of experience practicing under the license issued in the other state, district, or territory; and the applicant’s license is in good standing in the other state, district, or territory. 26B-1-240(3) Subject to Subsections (4) through (7), the department may issue a license to an applicant who:

has been licensed in another state, district, or territory of the United States, or in a jurisdiction outside of the United States, if: the department determines that the applicant’s education, experience, and skills demonstrate competency in the profession for which licensure is sought in this state; and the applicant has at least one year of experience practicing under the license issued in the other state, district, territory, or jurisdiction; or the department determines that the licensure requirements of the other state, district, territory, or jurisdiction at the time the license was issued were substantially similar to the requirements for the license sought in this state; or has never been licensed in a state, district, or territory of the United States, or in a jurisdiction outside of the United States, if: the applicant was educated in or obtained relevant experience in a state, district, or territory of the United States, or a jurisdiction outside of the United States; and the department determines that the education or experience was substantially similar to the education or experience requirements for the license sought in this state. 26B-1-240(4) The department may refuse to issue a license to an applicant under this section if:

the department determines that there is reasonable cause to believe that the applicant is not qualified to receive the license in this state; or the applicant has a previous or pending disciplinary action related to the applicant’s other license. 26B-1-240(5) Before the department issues a license to an applicant under this section, the applicant shall:

pay a fee determined by the department under Section 63J-1-504; and produce satisfactory evidence of the applicant’s identity, qualifications, and good standing in the profession for which licensure is sought in this state. 26B-1-240(6) The department may make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, prescribing the administration and requirements of this section. 26B-1-240(7) This section is subject to and may be supplemented or altered by licensure endorsement provisions or multistate licensure compacts in specific chapters of this title.

26B-1-242 - Prohibition on requiring immunity passports or vaccination — Exceptions.

26B-1-242(1) As used in this section:“Governmental entity” means the same as that term is defined in Section 63D-2-102.”Immunity passport” means a document, digital record, or software application indicating that an individual is immune to a disease, whether through vaccination or infection and recovery.”Regulated entity” means an employer, as defined in Section 34A-6-103, that is subject to a regulation by the Centers for Medicare and Medicaid Services regarding a vaccine, unless the employer is:the state or a political subdivision of the state; andnot a health care facility as defined in Section 26B-2-201.”Vaccination status” means an indication of whether an individual has received one or more doses of a vaccine. 26B-1-242(2) A governmental entity may not:refuse, withhold from, or deny to an individual any local or state service, good, facility, advantage, privilege, license, educational opportunity, health care access, or employment opportunity based on the individual’s vaccination status, including whether the individual has an immunity passport; orrequire any individual, directly or indirectly, to receive a vaccine. 26B-1-242(3) Subsection (2) does not apply to:a vaccination requirement by an institution of higher education, if the vaccination requirement is implemented in accordance with Section 53H-3-1302;a vaccination requirement by a school if the vaccination requirement is implemented in accordance with Title 53G, Chapter 9, Part 3, Immunization Requirements;a child care program as defined in Section 26B-2-401 if the vaccination requirement is implemented in accordance with applicable provisions of state and federal law;a regulated entity if compliance with Subsection (2) would result in a violation of binding, mandatory regulations or requirements that affect the regulated entity’s funding issued by the Centers for Medicare and Medicaid Services or the United States Centers for Disease Control and Prevention;a contract for goods or services entered into before May 3, 2023, if:application of this section would result in a substantial impairment of the contract; andthe contract is not between an employer and the employer’s employee;a federal contractor;a governmental entity vaccination requirement of an employee who, as determined by the governmental entity:has, as part of the employee’s duties, direct exposure to human blood, human fecal matter, or other potentially infectious materials that may expose the employee to hepatitis or tuberculosis; oris acting in a public health or medical setting that requires the employee to receive vaccinations to perform the employee’s assigned duties and responsibilities; ora governmental entity that:establishes a nexus between a vaccination requirement and the employee’s assigned duties and responsibilities; oridentifies an external requirement for vaccination that is not imposed by the governmental entity and is related to the employee’s duties and responsibilities. 26B-1-242(4) Nothing in this section prohibits a governmental entity from recommending that an employee receive a vaccine.

26B-1-243 - Office of Families — Definitions — Director — Purpose and duties.

26B-1-243(1) As used in this section:“Director” means the director of the office appointed under Subsection (2).”Office” means the Office of Families. 26B-1-243(2) The governor shall appoint a director of the office.The director serves at the pleasure of the governor.The governor shall establish the director’s salary within the salary range fixed by the Legislature in Title 67, Chapter 22, State Officer Compensation. 26B-1-243(3) The director is the administrative head of the office and shall serve as an advisor to the governor on family issues. 26B-1-243(4) The office shall:promote policies and develop initiatives which support the needs of families and children;analyze the impact of laws, government policies, boards, commissions, rules and regulations, and policy proposals on families, parents, and children;evaluate the impact of tax policies on families and children; andadvocate for policies that strengthen the ability to create and form families. 26B-1-243(5) As necessary, the director may request staff and administrative support from the department. 26B-1-243(6) The office may:coordinate with other governmental entities in fulfilling the office’s duties; andas allowed by state and federal law, request data or information from other governmental entities that is relevant to the office’s duties.

Funds and Accounts

26B-1-301 - Executive director — Power to accept funds and gifts.

The executive director may accept and receive such other funds and gifts as may be made available from private and public groups for the purposes of promoting and protecting the public health or for the provision of health services to the people of the state and shall expend the same as appropriated by the Legislature.

26B-1-304 - Restricted account created to fund drug testing for law enforcement agencies.

26B-1-304(1) There is created within the General Fund a restricted account known as the State Laboratory Drug Testing Account. 26B-1-304(2) The account consists of:a specified portion of fees generated under Subsection 53-3-106(5) from the reinstatement of certain licenses, which shall be deposited in this account; andthe deposits described in Subsection 41-6a-1406(6)(b)(v) from the administrative testing fee related to vehicles impounded under Section 41-6a-527. 26B-1-304(3) The department shall use funds in this account solely for the costs of performing drug and alcohol analysis tests for state and local law enforcement agencies, and may not assess any charge or fee to the law enforcement agencies for whom the analysis tests are performed.

26B-1-308 - Rural health care funds — Source of revenues — Interest — Distribution of revenues — Expenditure of revenues — Unexpended revenues lapse into the General Fund.

26B-1-308(1) As used in this section:“Emergency medical services” is as defined in Section 53-2d-101.”Federally qualified health center” is as defined in 42 U.S.C. Sec. 1395x.”Fiscal year” means a one-year period beginning on July 1 of each year.”Freestanding urgent care center” is as defined in Section 59-12-801.”Nursing care facility” is as defined in Section 26B-2-201.”Rural city hospital” is as defined in Section 59-12-801.”Rural county health care facility” is as defined in Section 59-12-801.”Rural emergency medical services” is as defined in Section 59-12-801.”Rural health care funds” means money appropriated by the Legislature to improve the delivery of quality health care in rural areas of the state.”Rural health clinic” is as defined in 42 U.S.C. Sec. 1395x. 26B-1-308(2) Subject to Subsections (3) and (4), the State Tax Commission shall for a fiscal year distribute rural health care funds to each:county legislative body of a county that, on January 1, 2007, imposes a tax in accordance with Section 59-12-802 and has not repealed the tax; orcity legislative body of a city that, on January 1, 2007, imposes a tax in accordance with Section 59-12-804 and has not repealed the tax. 26B-1-308(3) Subject to Subsection (4), for purposes of the distribution required by Subsection (2), the State Tax Commission shall:estimate for each county and city described in Subsection (2) the amount by which the revenues collected from the taxes imposed under Sections 59-12-802 and 59-12-804 for fiscal year 2005-06 would have been reduced had:the amendments made by Laws of Utah 2007, Chapter 288, Sections 25 and 26, to Sections 59-12-802 and 59-12-804 been in effect for fiscal year 2005-06; andeach county and city described in Subsection (2) imposed the tax under Sections 59-12-802 and 59-12-804 for the entire fiscal year 2005-06;for fiscal years ending before fiscal year 2018, calculate a percentage for each county and city described in Subsection (2) by dividing the amount estimated for each county and city in accordance with Subsection (3)(a)(i) by $555,000;andbeginninginfiscalyear2018,calculateapercentageforeachcountyandcitydescribedinSubsection(2)bydividingtheamountestimatedforeachcountyandcityinaccordancewithSubsection(3)(a)(i)by$218,809.33;distribute to each county and city described in Subsection (2) an amount equal to the product of:the percentage calculated in accordance with Subsection (3)(a)(ii); andthe amount appropriated by the Legislature as rural health care funds for the fiscal year.The State Tax Commission shall make the estimations, calculations, and distributions required by Subsection (3)(a) on the basis of data collected by the State Tax Commission. 26B-1-308(4) If a county legislative body repeals a tax imposed under Section 59-12-802 or a city legislative body repeals a tax imposed under Section 59-12-804:the State Tax Commission shall determine in accordance with Subsection (3) the distribution that, but for this Subsection (4), the county legislative body or city legislative body would receive; andafter making the determination required by Subsection (4)(a), the State Tax Commission shall:if the effective date of the repeal of a tax imposed under Section 59-12-802 or 59-12-804 is October 1:distribute to the county legislative body or city legislative body 25% of the distribution determined in accordance with Subsection (4)(a); anddeposit 75% of the distribution determined in accordance with Subsection (4)(a) into the General Fund; andbeginning with the first fiscal year after the effective date of the repeal and for each subsequent fiscal year, deposit the entire amount of the distribution determined in accordance with Subsection (4)(a) into the General Fund;if the effective date of the repeal of a tax imposed under Section 59-12-802 or 59-12-804 is January 1:distribute to the county legislative body or city legislative body 50% of the distribution determined in accordance with Subsection (4)(a); anddeposit 50% of the distribution determined in accordance with Subsection (4)(a) into the General Fund; andbeginning with the first fiscal year after the effective date of the repeal and for each subsequent fiscal year, deposit the entire amount of the distribution determined in accordance with Subsection (4)(a) into the General Fund;if the effective date of the repeal of a tax imposed under Section 59-12-802 or 59-12-804 is April 1:distribute to the county legislative body or city legislative body 75% of the distribution determined in accordance with Subsection (4)(a); anddeposit 25% of the distribution determined in accordance with Subsection (4)(a) into the General Fund; andbeginning with the first fiscal year after the effective date of the repeal and for each subsequent fiscal year, deposit the entire amount of the distribution determined in accordance with Subsection (4)(a) into the General Fund; orif the effective date of the repeal of a tax imposed under Section 59-12-802 or 59-12-804 is July 1, beginning on that effective date and for each subsequent fiscal year, deposit the entire amount of the distribution determined in accordance with Subsection (4)(a) into the General Fund. 26B-1-308(5) Subject to Subsection (5)(b) and Section 59-12-802, a county legislative body shall distribute the money the county legislative body receives in accordance with Subsection (3) or (4):for a county of the third or fourth class, to fund rural county health care facilities in that county; andfor a county of the fifth or sixth class, to fund:rural emergency medical services in that county;federally qualified health centers in that county;freestanding urgent care centers in that county;rural county health care facilities in that county;rural health clinics in that county; ora combination of Subsections (5)(a)(ii)(A) through (E).A county legislative body shall distribute the money the county legislative body receives in accordance with Subsection (3) or (4) to a center, clinic, facility, or service described in Subsection (5)(a) as determined by the county legislative body.A center, clinic, facility, or service that receives a distribution in accordance with this Subsection (5) shall expend that distribution for the same purposes for which money collected from a tax under Section 59-12-802 may be expended. 26B-1-308(6) Subject to Subsection (6)(b), a city legislative body shall distribute the money the city legislative body receives in accordance with Subsection (3) or (4) to fund rural city hospitals in that city.A city legislative body shall distribute a percentage of the money the city legislative body receives in accordance with Subsection (3) or (4) to each rural city hospital described in Subsection (6)(a) equal to the same percentage that the city legislative body distributes to that rural city hospital in accordance with Section 59-12-805 for the calendar year ending on the December 31 immediately preceding the first day of the fiscal year for which the city legislative body receives the distribution in accordance with Subsection (3) or (4).A rural city hospital that receives a distribution in accordance with this Subsection (6) shall expend that distribution for the same purposes for which money collected from a tax under Section 59-12-804 may be expended.

26B-1-310 - Qualified Patient Enterprise Fund — Creation — Revenue neutrality — Uniform fee.

26B-1-310(1) There is created an enterprise fund known as the “Qualified Patient Enterprise Fund.” 26B-1-310(2) The fund created in this section is funded from:money the department deposits into the fund under Chapter 4, Part 2, Cannabinoid Research and Medical Cannabis;appropriations the Legislature makes to the fund; andthe interest described in Subsection (3). 26B-1-310(3) Interest earned on the fund shall be deposited into the fund. 26B-1-310(4) Money deposited into the fund may only be used by:the department to accomplish the department’s responsibilities described in Chapter 4, Part 2, Cannabinoid Research and Medical Cannabis; the Center for Medical Cannabis Research created in Section 53H-4-206 to accomplish the Center for Medical Cannabis Research’s responsibilities; andthe Department of Agriculture and Food for the one time purchase of equipment to meet the requirements described in Section 4-41a-204.1. 26B-1-310(5) The department shall set fees authorized under Chapter 4, Part 2, Cannabinoid Research and Medical Cannabis, in amounts that the department anticipates are necessary, in total, to cover the department’s cost to implement Chapter 4, Part 2, Cannabinoid Research and Medical Cannabis. 26B-1-310(6) The department may impose a uniform fee on each medical cannabis transaction in a medical cannabis pharmacy in an amount that, subject to Subsection (5), the department sets in accordance with Section 63J-1-504.

26B-1-311 - Creation of Kurt Oscarson Children’s Organ Transplant Account.

26B-1-311(1) There is created a restricted account within the General Fund known as the “Kurt Oscarson Children’s Organ Transplant Account.” Private contributions received under this section and Section 59-10-1308 shall be deposited into the restricted account to be used only for the programs and purposes described in Section 26B-1-411. 26B-1-311(2) Money shall be appropriated from the restricted account to the Kurt Oscarson Children’s Organ Transplant Coordinating Committee created in Section 26B-1-411, in accordance with Title 63J, Chapter 1, Budgetary Procedures Act. 26B-1-311(3) In addition to funds received under Section 59-10-1308, the Kurt Oscarson Children’s Organ Transplant Coordinating Committee created in Section 26B-1-411 may accept transfers, grants, gifts, bequests, or any money made available from any source to implement the programs and purposes described in Section 26B-1-411.

26B-1-312 - Allyson Gamble Organ Donation Contribution Fund created.

26B-1-312(1) There is created an expendable special revenue fund known as the Allyson Gamble Organ Donation Contribution Fund. The Allyson Gamble Organ Donation Contribution Fund shall consist of: private contributions; donations or grants from public or private entities; voluntary donations collected under Sections 41-1a-230.5 and 53-3-214.7; and interest and earnings on fund money. The cost of administering the Allyson Gamble Organ Donation Contribution Fund shall be paid from money in the fund. 26B-1-312(2) The department shall:

administer the funds deposited in the Allyson Gamble Organ Donation Contribution Fund; and select qualified organizations and distribute the funds in the Allyson Gamble Organ Donation Contribution Fund in accordance with Subsection (3). 26B-1-312(3) The funds in the Allyson Gamble Organ Donation Contribution Fund may be distributed to a selected organization that: promotes and supports organ donation; assists in maintaining and operating a statewide organ donation registry; and provides donor awareness education. An organization that meets the criteria of Subsections (3)(a)(i) through (iii) may apply to the department, in a manner prescribed by the department, to receive a portion of the money contained in the Allyson Gamble Organ Donation Contribution Fund. 26B-1-312(4) The department may expend funds in the account to pay the costs of administering the fund and issuing or reordering the Donate Life support special group license plate and decals.

26B-1-315 - Medicaid ACA Fund.

7/1/2026 26B-1-315(1) There is created an expendable special revenue fund known as the “Medicaid ACA Fund.” 26B-1-315(2) The fund consists of:assessments collected under Chapter 3, Part 5, Inpatient Hospital Assessment;intergovernmental transfers under Section 26B-3-508;savings attributable to the health coverage improvement program, as defined in Section 26B-3-501, as determined by the department;savings attributable to the enhancement waiver program, as defined in Section 26B-3-501, as determined by the department;savings attributable to the Medicaid waiver expansion, as defined in Section 26B-3-501, as determined by the department;revenues collected from the sales tax described in Subsection 59-12-103(11);gifts, grants, donations, or any other conveyance of money that may be made to the fund from private sources;interest earned on money in the fund; andadditional amounts as appropriated by the Legislature. 26B-1-315(3) The fund shall earn interest.All interest earned on fund money shall be deposited into the fund. 26B-1-315(4) A state agency administering the provisions of Chapter 3, Part 5, Inpatient Hospital Assessment, may use money from the fund to pay the costs, not otherwise paid for with federal funds or other revenue sources, of:the health coverage improvement program as defined in Section 26B-3-501;the enhancement waiver program as defined in Section 26B-3-501;a Medicaid waiver expansion as defined in Section 26B-3-501; andthe outpatient upper payment limit supplemental payments under Section 26B-3-511.A state agency administering the provisions of Chapter 3, Part 5, Inpatient Hospital Assessment, may not use:funds described in Subsection (2)(b) to pay the cost of private outpatient upper payment limit supplemental payments; ormoney in the fund for any purpose not described in Subsection (4)(a).

26B-1-315 - Medicaid ACA Fund.

7/1/2026 26B-1-315(1) There is created an expendable special revenue fund known as the “Medicaid ACA Fund.” 26B-1-315(2) The fund consists of:assessments collected under Chapter 3, Part 5, Inpatient Hospital Assessment;intergovernmental transfers under Section 26B-3-508;savings attributable to the health coverage improvement program, as defined in Section 26B-3-501, as determined by the department;savings attributable to the enhancement waiver program, as defined in Section 26B-3-501, as determined by the department;savings attributable to the Medicaid waiver expansion, as defined in Section 26B-3-501, as determined by the department;revenues collected from the sales tax described in Subsection 59-12-103(6);gifts, grants, donations, or any other conveyance of money that may be made to the fund from private sources;interest earned on money in the fund; andadditional amounts as appropriated by the Legislature. 26B-1-315(3) The fund shall earn interest.All interest earned on fund money shall be deposited into the fund. 26B-1-315(4) A state agency administering the provisions of Chapter 3, Part 5, Inpatient Hospital Assessment, may use money from the fund to pay the costs, not otherwise paid for with federal funds or other revenue sources, of:the health coverage improvement program as defined in Section 26B-3-501;the enhancement waiver program as defined in Section 26B-3-501;a Medicaid waiver expansion as defined in Section 26B-3-501; andthe outpatient upper payment limit supplemental payments under Section 26B-3-511.A state agency administering the provisions of Chapter 3, Part 5, Inpatient Hospital Assessment, may not use:funds described in Subsection (2)(b) to pay the cost of private outpatient upper payment limit supplemental payments; ormoney in the fund for any purpose not described in Subsection (4)(a).

26B-1-316 - Hospital Provider Assessment Expendable Revenue Fund.

26B-1-316(1) There is created an expendable special revenue fund known as the “Hospital Provider Assessment Expendable Revenue Fund.” 26B-1-316(2) The fund shall consist of:the assessments collected by the department under Chapter 3, Part 7, Hospital Provider Assessment;any interest and penalties levied with the administration of Chapter 3, Part 7, Hospital Provider Assessment; andany other funds received as donations for the fund and appropriations from other sources. 26B-1-316(3) Money in the fund shall be used:to support capitated rates consistent with Subsection 26B-3-705(1)(d) for accountable care organizations as defined in Section 26B-3-701;to implement the quality strategies described in Subsection 26B-3-707(2), except that the amount under this Subsection (3)(b) may not exceed $211,300 in each fiscal year; andto reimburse money collected by the division from a hospital, as defined in Section 26B-3-701, through a mistake made under Chapter 3, Part 7, Hospital Provider Assessment.

26B-1-317 - Ambulance Service Provider Assessment Expendable Revenue Fund.

26B-1-317(1) There is created an expendable special revenue fund known as the “Ambulance Service Provider Assessment Expendable Revenue Fund.” 26B-1-317(2) The fund shall consist of:

the assessments collected by the division under Chapter 3, Part 8, Ambulance Service Provider Assessment; the penalties collected by the division under Chapter 3, Part 8, Ambulance Service Provider Assessment; donations to the fund; and appropriations by the Legislature. 26B-1-317(3) Money in the fund shall be used:

to support fee-for-service rates; and to reimburse money to an ambulance service provider, as defined in Section 26B-3-801, that is collected by the division from the ambulance service provider through a mistake made under Chapter 3, Part 8, Ambulance Service Provider Assessment. 26B-1-317(4) Subject to Subsection (4)(b), for the fiscal year beginning July 1, 2019, and ending July 1, 2020, any fund balance in excess of the amount necessary to pay for the costs described in Subsection (3) shall be deposited into the General Fund. Subsection (4)(a) applies only to funds that were appropriated by the Legislature from the General Fund to the fund and the penalties deposited into the fund under Subsection (2)(b).

26B-1-318 - Brain and Spinal Cord Injury Fund.

26B-1-318(1) As used in this section:“Advisory committee” means the Brain and Spinal Cord Injury Advisory Committee created in Section 26B-1-417.”Nervous system research” means research conducted by a qualified charitable clinic that is:designed to improve, enhance, accelerate, or advance the clinical outcomes of:an individual affected by a spinal cord injury, a brain injury, or a stroke; ora child with a neurological condition or syndrome;approved by an institutional review board; anddesigned to be completed in a 12-month period.”Qualified charitable clinic” means a professional medical clinic that:provides therapeutic services;employs licensed therapy clinicians;has at least five years experience operating a post-acute care rehabilitation clinic in the state; andhas obtained tax-exempt status under Internal Revenue Code, 26 U.S.C. Sec. 501(c)(3).”Research grant” means a grant that can only be used for nervous system research.”Therapeutic services” means:rehabilitation services to individuals who have a spinal cord or brain injury that tends to be non-progressive or non-deteriorating and require post-acute care; orrehabilitation services for children with neurological conditions and who require post-acute care.”Therapeutic services” include:physical, occupational, and speech therapy; andother services as determined by the department, in consultation with the advisory committee, through rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act. 26B-1-318(2) There is created an expendable special revenue fund known as the “Brain and Spinal Cord Injury Fund.” 26B-1-318(3) The fund shall consist of:gifts, grants, donations, or any other conveyance of money that may be made to the fund from private sources; andadditional amounts as appropriated by the Legislature;a portion of the impound fee as designated in Section 41-6a-1406; andthe fees collected by the Motor Vehicle Division under Subsections 41-1a-1201(8) and 41-22-8(3). 26B-1-318(4) The fund shall be administered by the executive director, in consultation with the advisory committee. 26B-1-318(5) Fund money may be used to:educate the general public and professionals regarding understanding, treatment, and prevention of brain injury;provide access to evaluations and coordinate short-term care to assist an individual in identifying services or support needs, resources, and benefits for which the individual may be eligible;develop and support an information and referral system for persons with a brain injury and their families;provide grants to persons or organizations to provide the services described in Subsections (5)(a), (b), and (c);assist one or more qualified charitable clinics to provide therapeutic services; purchase equipment for use in the qualified charitable clinic; andprovide research grants to qualified charitable clinics in accordance with Subsection (7). 26B-1-318(6) Each year, approximately no less than:40% of the fund shall be used for programs and services described in Subsections (5)(a) through (d);25% of the fund shall be used to assist adults with brain or spinal cord injuries under Subsections (5)(e) and (f); and10 % of the fund shall be used to assist children with neurological conditions under Subsections (5)(e) and (f). 26B-1-318(7) Each year, if money remains in the fund after the money has been allocated in accordance with Subsection (6), the advisory committee may award up to $100,000 in research grants divided among one or more qualified charitable clinics.A qualified charitable clinic that accepts a research grant shall agree to the requirements in Subsection (7)(c) before receiving the grant.A qualified charitable clinic that accepts a research grant:shall report the results of the nervous system research to the advisory committee;shall provide the committee an itemized list of expenditures for research grant money;shall return any unspent research grant money to the fund;subject to Subsection (7)(c)(v), may collaborate with another entity for performing the nervous system research;may not use research grant money to pay another entity to conduct the project; andmay not use research grant money to pay for administrative costs not directly associated with the research project. 26B-1-318(8) An individual who receives services either paid for from the fund, or through an organization under contract with the fund, shall:be a resident of Utah;have been diagnosed by a qualified professional as having a brain injury, spinal cord injury, or other neurological condition which results in impairment of cognitive or physical function; andhave a need that can be met within the requirements of this section. 26B-1-318(9) The fund may not duplicate any services or support mechanisms being provided to an individual by any other government or private agency. 26B-1-318(10) All actual and necessary operating expenses for the Brain and Spinal Cord Injury Advisory Committee created in Section 26B-1-417 and staff shall be paid by the fund.

26B-1-322 - Adult Autism Treatment Account.

26B-1-322(1) There is created within the General Fund a restricted account known as the “Adult Autism Treatment Account.” 26B-1-322(2) The account consists of:

gifts, grants, donations, or any other conveyance of money that may be made to the account from private sources; interest earned on money in the account; and money appropriated to the account by the Legislature. 26B-1-322(3) Money from the account shall be used only to:

fund grants awarded by the department under Section 26B-4-602; and pay the operating expenses of the Adult Autism Treatment Program Advisory Committee created in Section 26B-1-204, including the cost of advisory committee staff if approved by the executive director. 26B-1-322(4) The state treasurer shall invest the money in the account in accordance with Title 51, Chapter 7, State Money Management Act.

26B-1-323 - Out and About Homebound Transportation Assistance Fund — Creation — Administration — Uses.

26B-1-323(1) There is created an expendable special revenue fund known as the “Out and About Homebound Transportation Assistance Fund.” The Out and About Homebound Transportation Assistance Fund shall consist of: private contributions; donations or grants from public or private entities; voluntary donations collected under Section 53-3-214.8; and interest and earnings on account money. The cost of administering the Out and About Homebound Transportation Assistance Fund shall be paid from money in the fund. 26B-1-323(2) The Division of Aging and Adult Services in the department shall:

administer the funds contained in the Out and About Homebound Transportation Assistance Fund; and select qualified organizations and distribute the funds in the Out and About Homebound Transportation Assistance Fund in accordance with Subsection (3). 26B-1-323(3) The division may distribute the funds in the Out and About Homebound Transportation Assistance Fund to a selected organization that provides public transportation to aging persons, high risk adults, or people with disabilities. An organization that provides public transportation to aging persons, high risk adults, or people with disabilities may apply to the Division of Aging and Adult Services, in a manner prescribed by the division, to receive all or part of the money contained in the Out and About Homebound Transportation Assistance Fund.

26B-1-324 - Statewide Behavioral Health Crisis Response Account — Creation — Administration — Permitted uses — Reporting.

26B-1-324(1) There is created a restricted account within the General Fund known as the “Statewide Behavioral Health Crisis Response Account,” consisting of:money appropriated or otherwise made available by the Legislature; andcontributions of money, property, or equipment from federal agencies, political subdivisions of the state, or other persons. 26B-1-324(2) Subject to appropriations by the Legislature and any contributions to the account described in Subsection (1)(b), the division shall disburse funds in the account only for the purpose of support or implementation of services or enhancements of those services in order to rapidly, efficiently, and effectively deliver 988 services in the state.Funds distributed from the account to county local mental health and substance abuse authorities for the provision of crisis services are not subject to the 20% county match described in Sections 17-77-201 and 17-77-301.After consultation with the Behavioral Health Crisis Response Committee created in Section 63C-18-202, and local substance use authorities and local mental health authorities described in Sections 17-77-201 and 17-77-301, the division shall expend funds from the account on any of the following programs:the Statewide Mental Health Crisis Line, as defined in Section 26B-5-610, including coordination with 911 emergency service, as defined in Section 69-2-102, and coordination with local substance abuse authorities as described in Section 17-77-201, and local mental health authorities, described in Section 17-77-301;mobile crisis outreach teams as defined in Section 26B-5-609, distributed in accordance with rules made by the division in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act;behavioral health receiving centers as defined in Section 26B-5-114;stabilization services as described in Section 26B-5-101;mental health crisis services, as defined in Section 26B-5-101, provided by local substance abuse authorities as described in Section 17-77-201 and local mental health authorities described in Section 17-77-301 to provide prolonged mental health services for up to 90 days after the day on which an individual experiences a mental health crisis as defined in Section 26B-5-101;crisis intervention training for first responders, as that term is defined in Section 78B-4-501;crisis worker certification training for first responders, as that term is defined in Section 78B-4-501;frontline support for the SafeUT Crisis Line; orsuicide prevention gatekeeper training for first responders, as that term is defined in Section 78B-4-501.If the Legislature appropriates money to the account for a purpose described in Subsection (2)(c), the division shall use the appropriation for that purpose. 26B-1-324(3) Subject to appropriations by the Legislature and any contributions to the account described in Subsection (1)(b), the division may expend funds in the account for administrative costs that the division incurs related to administering the account. 26B-1-324(4) Notwithstanding Subsection (2)(c), allocations made to local substance use authorities and local mental health authorities for behavioral health receiving centers or mobile crisis outreach teams before the end of fiscal year 2023 shall be maintained through fiscal year 2027, subject to appropriation. 26B-1-324(5) As used in this Subsection (5):“Health benefit plan” means the same as that term is defined in Section 31A-1-301.”Mental health service provider” means a behavioral health receiving center or mobile crisis outreach team.The department shall coordinate with each mental health service provider that receives state funds to determine which health benefit plans, if any, have not contracted or have refused to contract with the mental health service provider at usual and customary rates for the services provided by the mental health service provider.In each year that the department identifies a health benefit plan that meets the description in Subsection (5)(b), the department shall provide a report on the information gathered under Subsection (5)(b) to the Health and Human Services Interim Committee at or before the committee’s October meeting.

26B-1-325 - Governor’s Suicide Prevention Fund.

26B-1-325(1) There is created an expendable special revenue fund known as the Governor’s Suicide Prevention Fund. 26B-1-325(2) The fund shall consist of donations, gifts, grants, and bequests of real property or personal property made to the fund. 26B-1-325(3) A donor to the fund may designate a specific purpose for the use of the donor’s donation, if the designated purpose is described in Subsection (4). 26B-1-325(4) Subject to Subsection (3), money in the fund shall be used for the following activities: efforts to directly improve mental health crisis response; efforts that directly reduce risk factors associated with suicide; and efforts that directly enhance known protective factors associated with suicide reduction. Efforts described in Subsections (4)(a)(ii) and (iii) include the components of the state suicide prevention program described in Subsection 26B-5-611(3). 26B-1-325(5) The Office of Substance Use and Mental Health shall establish a grant application and review process for the expenditure of money from the fund. 26B-1-325(6) The grant application and review process shall describe:

requirements to complete a grant application; requirements to receive funding; criteria for the approval of a grant application; standards for evaluating the effectiveness of a project proposed in a grant application; and support offered by the office to complete a grant application. 26B-1-325(7) The Office of Substance Use and Mental Health shall:

review a grant application for completeness; make a recommendation to the governor or the governor’s designee regarding a grant application; send a grant application to the governor or the governor’s designee for evaluation and approval or rejection; inform a grant applicant of the governor or the governor’s designee’s determination regarding the grant application; and direct the fund administrator to release funding for grant applications approved by the governor or the governor’s designee. 26B-1-325(8) The state treasurer shall invest the money in the fund under Title 51, Chapter 7, State Money Management Act, except that all interest or other earnings derived from money in the fund shall be deposited into the fund. 26B-1-325(9) Money in the fund may not be used for the Office of the Governor’s administrative expenses that are normally provided for by legislative appropriation. 26B-1-325(10) The governor or the governor’s designee may authorize the expenditure of fund money in accordance with this section. 26B-1-325(11) The governor shall make an annual report to the Legislature regarding the status of the fund, including a report on the contributions received, expenditures made, and programs and services funded.

26B-1-326 - Suicide Prevention and Education Fund.

26B-1-326(1) There is created an expendable special revenue fund known as the Suicide Prevention and Education Fund. 26B-1-326(2) The fund shall consist of funds transferred from the Concealed Weapons Account in accordance with Section 53-5a-307. 26B-1-326(3) Money in the fund shall be used for suicide prevention efforts that include a focus on firearm safety as related to suicide prevention. 26B-1-326(4) The Office of Substance Use and Mental Health shall establish a process by rule in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, for the expenditure of money from the fund.

26B-1-327 - Survivors of Suicide Loss Account.

26B-1-327(1) As used in this section:“Cohabitant” means an individual who lives with another individual.”Cohabitant” does not include a relative.”Relative” means father, mother, husband, wife, son, daughter, sister, brother, grandfather, grandmother, uncle, aunt, nephew, niece, grandson, granddaughter, first cousin, mother-in-law, father-in-law, brother-in-law, sister-in-law, son-in-law, or daughter-in-law. 26B-1-327(2) Upon appropriation, the Office of Substance Use and Mental Health shall award grants from the appropriation to a person who provides, for no or minimal cost:clean-up of property affected or damaged by an individual’s suicide, as reimbursement for the costs incurred for the clean-up; andbereavement services to a relative, legal guardian, or cohabitant of an individual who dies by suicide.

26B-1-328 - Psychiatric and Psychotherapeutic Consultation Program Account — Creation — Administration — Uses.

26B-1-328(1) As used in this section:“Child care” means the child care services defined in Section 35A-3-102 for a child during early childhood.”Child care provider” means a person who provides child care or mental health support or interventions to a child during early childhood.”Child mental health care facility” means a facility that provides licensed mental health care programs and services to children and families and employs a child mental health therapist.”Child mental health therapist” means a mental health therapist who:is knowledgeable and trained in early childhood mental health; andprovides mental health services to children during early childhood.”Division” means the Division of Integrated Healthcare within the department.”Early childhood” means the time during which a child is zero to six years old.”Early childhood psychotherapeutic telehealth consultation” means a consultation regarding a child’s mental health care during the child’s early childhood between a child care provider or a mental health therapist and a child mental health therapist that is focused on psychotherapeutic and psychosocial interventions and is completed through the use of electronic or telephonic communication.”Health care facility” means a facility that provides licensed health care programs and services and employs at least two psychiatrists, at least one of whom is a child psychiatrist.”Primary care provider” means:an individual who is licensed to practice as an advanced practice registered nurse under Title 58, Chapter 31b, Nurse Practice Act;a physician as defined in Section 58-67-102; ora physician assistant as defined in Section 58-70a-102.”Psychiatrist” means a physician who is board eligible for a psychiatry specialization recognized by the American Board of Medical Specialists or the American Osteopathic Association’s Bureau of Osteopathic Specialists.”Telehealth psychiatric consultation” means a consultation regarding a patient’s mental health care, including diagnostic clarification, medication adjustment, or treatment planning, between a primary care provider and a psychiatrist that is completed through the use of electronic or telephonic communication. 26B-1-328(2) Upon appropriation, the Office of Substance Use and Mental Health shall award grants from the appropriation to:at least one health care facility to implement a program that provides a primary care provider access to a telehealth psychiatric consultation when the primary care provider is evaluating a patient for or providing a patient mental health treatment; andat least one child mental health care facility to implement a program that provides access to an early childhood psychotherapeutic telehealth consultation to:a mental health therapist as defined in Section 58-60-102 when the mental health therapist is evaluating a child for or providing a child mental health treatment; ora child care provider when the child care provider is providing child care to a child. 26B-1-328(3) The Office of Substance Use and Mental Health may award and distribute grant money to a health care facility or child mental health care facility only if the health care facility or child mental health care facility:is located in the state; andsubmits an application in accordance with Subsection (4). 26B-1-328(4) An application for a grant under this section shall include:the number of psychiatrists employed by the health care facility or the number of child mental health therapists employed by the child mental health care facility;the health care facility’s or child mental health care facility’s plan to implement the telehealth psychiatric consultation program or the early childhood psychotherapeutic telehealth consultation program described in Subsection (2);the estimated cost to implement the telehealth psychiatric consultation program or the early childhood psychotherapeutic telehealth consultation program described in Subsection (2);any plan to use one or more funding sources in addition to a grant under this section to implement the telehealth psychiatric consultation program or the early childhood psychotherapeutic telehealth consultation program described in Subsection (2);the amount of grant money requested to fund the telehealth psychiatric consultation program or the early childhood psychotherapeutic telehealth consultation program described in Subsection (2); andany existing or planned contract or partnership between the health care facility and another person to implement the telehealth psychiatric consultation program or the early childhood psychotherapeutic telehealth consultation program described in Subsection (2). 26B-1-328(5) A health care facility or child mental health care facility that receives grant money under this section shall file a report with the division before October 1 of each year that details for the immediately preceding calendar year:the type and effectiveness of each service provided in the telehealth psychiatric program or the early childhood psychotherapeutic telehealth consultation program;the utilization of the telehealth psychiatric program or the early childhood psychotherapeutic telehealth consultation program based on metrics or categories determined by the division;the total amount expended from the grant money; andthe intended use for grant money that has not been expended.

26B-1-329 - Mental Health Services Donation Fund.

26B-1-329(1) As used in this section:“Mental health therapist” means the same as that term is defined in Section 58-60-102.”Mental health therapy” means treatment or prevention of a mental illness, including:conducting a professional evaluation of an individual’s condition of mental health, mental illness, or emotional disorder consistent with standards generally recognized by mental health therapists;establishing a diagnosis in accordance with established written standards generally recognized by mental health therapists;prescribing a plan or medication for the prevention or treatment of a condition of a mental illness or an emotional disorder; andengaging in the conduct of professional intervention, including psychotherapy by the application of established methods and procedures generally recognized by mental health therapists.”Qualified individual” means an individual who:is experiencing a mental health crisis; andcalls a local mental health crisis line as defined in Section 26B-5-610 or the statewide mental health crisis line as defined in Section 26B-5-610. 26B-1-329(2) There is created an expendable special revenue fund known as the “Mental Health Services Donation Fund.” 26B-1-329(3) The fund shall consist of:gifts, grants, donations, or any other conveyance of money that may be made to the fund from public or private individuals or entities; andinterest earned on money in the fund.The Office of Substance Use and Mental Health shall administer the fund in accordance with this section. 26B-1-329(4) The Office of Substance Use and Mental Health shall award fund money to an entity in the state that provides mental health and substance use treatment for the purpose of:providing through telehealth or in-person services, mental health therapy to qualified individuals;providing access to evaluations and coordination of short-term care to assist a qualified individual in identifying services or support needs, resources, or benefits for which the qualified individual may be eligible; anddeveloping a system for a qualified individual and a qualified individual’s family to access information and referrals for mental health therapy. 26B-1-329(5) Fund money may only be used for the purposes described in Subsection (4).

26B-1-330 - Utah State Developmental Center Miscellaneous Donation Fund — Use.

26B-1-330(1) There is created an expendable special revenue fund known as the “Utah State Developmental Center Miscellaneous Donation Fund.” 26B-1-330(2) The Utah State Developmental Center Board created in Section 26B-1-429 shall deposit donations made to the Utah State Developmental Center under Section 26B-1-202 into the expendable special revenue fund described in Subsection (1). 26B-1-330(3) The state treasurer shall invest the money in the fund described in Subsection (1) according to the procedures and requirements of Title 51, Chapter 7, State Money Management Act, and the revenue received from the investment shall remain with the fund described in Subsection (1). 26B-1-330(4) Except as provided in Subsection (5), the money or revenue in the fund described in Subsection (1) may not be diverted, appropriated, expended, or committed to be expended for a purpose that is not listed in this section. Notwithstanding Section 26B-1-202, the Legislature may not appropriate money or revenue from the fund described in Subsection (1) to eliminate or otherwise reduce an operating deficit if the money or revenue appropriated from the fund is expended or committed to be expended for a purpose other than one listed in this section. The Legislature may not amend the purposes for which money or revenue in the fund described in Subsection (1) may be expended or committed to be expended except by the affirmative vote of two-thirds of all the members elected to each house. 26B-1-330(5) The Utah State Developmental Center Board shall approve expenditures of money and revenue in the fund described in Subsection (1). The Utah State Developmental Center Board may expend money and revenue in the fund described in Subsection (1) only: as designated by the donor; or for the benefit of:

residents of the Utah State Developmental Center, established in accordance with Chapter 6, Part 5, Utah State Developmental Center; or individuals with disabilities who receive services and support from the Utah State Developmental Center, as described in Subsection 26B-6-502(2)(b). Money and revenue in the fund described in Subsection (1) may not be used for items normally paid for by operating revenues or for items related to personnel costs without specific legislative authorization.

26B-1-331 - Utah State Developmental Center Long-Term Sustainability Fund — Fund management.

26B-1-331(1) As used in this section:

“Board” means the Utah State Developmental Center Board created in Section 26B-1-429. “Division” means the Division of Integrated Healthcare within the department. “Sustainability fund” means the Utah State Developmental Center Long-Term Sustainability Fund created in Subsection (2). “Utah State Developmental Center” means the Utah State Developmental Center established in accordance with Chapter 6, Part 5, Utah State Developmental Center. 26B-1-331(2) There is created a special revenue fund entitled the “Utah State Developmental Center Long-Term Sustainability Fund.” 26B-1-331(3) The sustainability fund consists of: revenue generated from the lease, except any lease existing on May 1, 1995, of land associated with the Utah State Developmental Center; all proceeds from the sale or other disposition of real property, water rights, or water shares associated with the Utah State Developmental Center; and all existing money in the Utah State Developmental Center Land Fund. The state treasurer shall invest sustainability fund money by following the procedures and requirements in Subsection (8). 26B-1-331(4) The board shall ensure that money or revenue deposited into the sustainability fund is irrevocable and is expended only as provided in Subsection (5). The Legislature may not amend the purposes in Subsection (5) for which money or revenue in the fund may be expended or committed to be expended, except by the affirmative vote of two-thirds of all the members elected to each house. 26B-1-331(5) Money may be expended from the sustainability fund to: fulfill the functions of the Utah State Developmental Center described in Sections 26B-6-502 and 26B-6-504; and assist the division in the division’s administration of services and supports described in Sections 26B-6-402 and 26B-6-403. Money from the sustainability fund may not be expended: for a purpose other than the purposes described in Subsection (5)(a); or to reduce the amount of money that the Legislature appropriates from the General Fund for the purposes described in Subsection (5)(a). 26B-1-331(6) Money may be expended from the sustainability fund only under the following conditions:

if the balance of the sustainability fund is at least $5,000,000attheendofthefiscalyear,theboardmayexpendtheearningsgeneratedbythesustainabilityfundduringthefiscalyearforapurposedescribedinSubsection(5)(a);ifthebalanceofthesustainabilityfundisatleast$50,000,000 at the end of the fiscal year, the Legislature may appropriate to the division up to 5% of the balance of the sustainability fund for a purpose described in Subsection (5)(a); and the board or the division may not expend any money from the sustainability fund, except as provided in Subsection (6)(a), without legislative appropriation. 26B-1-331(7) The sustainability fund is revocable only by the affirmative vote of two-thirds of all the members elected to each house of the Legislature. 26B-1-331(8) The state treasurer shall invest the assets of the sustainability fund with the primary goal of providing for the stability, income, and growth of the principal. Nothing in this Subsection (8) requires a specific outcome in investing. The state treasurer may deduct any administrative costs incurred in managing sustainability fund assets from earnings before depositing earnings into the sustainability fund. The state treasurer may employ professional asset managers to assist in the investment of assets of the sustainability fund. The state treasurer may only provide compensation to asset managers from earnings generated by the sustainability fund’s investments. The state treasurer shall invest and manage the sustainability fund assets as a prudent investor would under Section 67-19d-302.

26B-1-332 - Nursing Care Facilities Provider Assessment Fund — Creation — Administration — Uses.

26B-1-332(1) There is created an expendable special revenue fund known as the “Nursing Care Facilities Provider Assessment Fund” consisting of:assessments collected by the department under Chapter 3, Part 4, Nursing Care Facility Assessment;fines paid by nursing care facilities for excessive Medicare inpatient revenue under Section 26B-2-222;money appropriated or otherwise made available by the Legislature;any interest earned on the fund; andpenalties levied with the administration of Chapter 3, Part 4, Nursing Care Facility Assessment. 26B-1-332(2) Money in the fund shall only be used by the Medicaid program:to the extent authorized by federal law, to obtain federal financial participation in the Medicaid program;to provide the increased level of hospice reimbursement resulting from the nursing care facilities assessment imposed under Section 26B-3-403;for the Medicaid program to make quality incentive payments to nursing care facilities, subject to CMS approval of a Medicaid state plan amendment;to increase the rates paid before July 1, 2004, to nursing care facilities for providing services pursuant to the Medicaid program; andfor 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. 26B-1-332(3) The department may not spend the money in the fund to replace existing state expenditures paid to nursing care facilities for providing services under the Medicaid program, except for increased costs due to hospice reimbursement under Subsection (2)(b).

26B-1-334 - Licensed Provider Assessment Fund — Creation — Deposits — Uses.

26B-1-334(1) There is created an expendable special revenue fund known as the “Licensed Provider Assessment Fund” consisting of:the assessments collected under, and any interest and penalties levied with the administration of:Chapter 2, Part 2, Health Care Facility Licensing and Inspection, except assessments that comprise the Licensed Provider Civil Money Penalty Fund pursuant to Section 26B-1-336;Chapter 2, Part 1, Human Services Programs and Facilities; andChapter 2, Part 4, Child Care Licensing;money appropriated or otherwise made available by the Legislature; andany interest earned on the fund. 26B-1-334(2) Money in the fund may only be used by the department:for upgrades to and maintenance of licensing databases and applications;for training for providers and staff;to assist individuals during a facility shutdown; orfor 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.

26B-1-335 - Division of Services for People with Disabilities Restricted Account.

26B-1-335(1) As used in this section, “account” means the Division of Services for People with Disabilities Restricted Account created in Subsection (2). 26B-1-335(2) There is created a restricted account within the General Fund known as the “Division of Services for People with Disabilities Restricted Account.” 26B-1-335(3) The account consists of:carry forward funds from the division’s budget; andunexpended balances lapsed to the account from the division’s budget. 26B-1-335(4) At the close of a fiscal year, the division may, without an appropriation, deposit into the account carry forward funds described in Subsection (3). 26B-1-335(5) Subject to appropriation, the Department of Health and Human Services may expend funds from the account to serve individuals eligible for division services statewide.

26B-1-336 - Licensed Provider Civil Money Penalty Fund.

26B-1-336(1) There is created an expendable special revenue fund known as the “Licensed Provider Civil Money Penalty Fund” consisting of:federal civil money penalty funds received under the federal Centers for Medicare and Medicaid Facility Licensing and Inspection Act, including any existing funds previously received and allocable to the Division of Licensing and Background Checks;money appropriated or otherwise made available by the Legislature; andany interest earned on the fund. 26B-1-336(2) Money in the fund may only be used by the department under a federally approved state plan:to assist individuals effected by a shutdown of a facility or program under this title;for administrative expenses; orfor allowable activities.

Boards, Commissions, Councils, and Advisory Committees

26B-1-401 - Executive director — Power to amend, modify, or rescind committee rules.

The executive director pursuant to the requirements of the Administrative Rulemaking Act may amend, modify, or rescind any rule of any committee created under Section 26B-1-204 if the rule creates a clear present hazard or clear potential hazard to the public health except that the executive director may not act until after discussion with the appropriate committee.

26B-1-402 - Rare Disease Advisory Council Grant Program — Creation — Reporting.

26B-1-402(1) As used in this section:“Council” means the Rare Disease Advisory Council described in Subsection (3).”Grantee” means the recipient of a grant under this section to operate the program.”Rare disease” means a disease that affects fewer than 200,000 individuals in the United States. 26B-1-402(2) Within legislative appropriations, the department shall issue a request for proposals for a grant to administer the provisions of this section.The department may issue a grant under this section if the grantee agrees to:convene the council in accordance with Subsection (3);provide staff and other administrative support to the council; andin coordination with the department, report to the Legislature in accordance with Subsection (4). 26B-1-402(3) The Rare Disease Advisory Council convened by the grantee shall:advise the Legislature and state agencies on providing services and care to individuals with a rare disease;make recommendations to the Legislature and state agencies on improving access to treatment and services provided to individuals with a rare disease;identify best practices to improve the care and treatment of individuals in the state with a rare disease;meet at least two times in each calendar year; andbe composed of members identified by the department, including at least the following individuals:a representative from the department;researchers and physicians who specialize in rare diseases, including at least one representative from the University of Utah;two individuals who have a rare disease or are the parent or caregiver of an individual with a rare disease; andtwo representatives from one or more rare disease patient organizations that operate in the state. 26B-1-402(4) Before November 30 of every odd-numbered year, the grantee shall report to the Health and Human Services Interim Committee on:the activities of the grantee and the council; andrecommendations and best practices regarding the ongoing needs of individuals in the state with a rare disease.

26B-1-410 - Primary Care Grant Committee.

26B-1-410(1) As used in this section:“Committee” means the Primary Care Grant Committee created in Subsection (2).”Program” means the Primary Care Grant Program described in Sections 26B-4-310 and 26B-4-313. 26B-1-410(2) There is created the Primary Care Grant Committee. 26B-1-410(3) The committee shall:review grant applications forwarded to the committee by the department under Subsection 26B-4-312(1);recommend, to the executive director, grant applications to award under Subsection 26B-4-310(1);evaluate:the need for primary health care as defined in Section 26B-4-301 in different areas of the state;how the program is addressing those needs; andthe overall effectiveness and efficiency of the program;review annual reports from primary care grant recipients;meet as necessary to carry out its duties, or upon a call by the committee chair or by a majority of committee members; andmake rules, with the concurrence of the department, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, that govern the committee, including the committee’s grant selection criteria. 26B-1-410(4) The committee shall consist of:as chair, the executive director or an individual designated by the executive director; andsix members appointed by the governor to serve up to two consecutive, two-year terms of office, including:four licensed health care professionals; andtwo community advocates who are familiar with a medically underserved population as defined in Section 26B-4-301 and with health care systems, where at least one is familiar with a rural medically underserved population. 26B-1-410(5) The executive director may remove a committee member:if the member is unable or unwilling to carry out the member’s assigned responsibilities; orfor a rational reason. 26B-1-410(6) A committee member may not receive compensation or benefits for the member’s service, except a committee member who is not an employee of the department may receive per diem and travel expenses in accordance with:Section 63A-3-106;Section 63A-3-107; andrules made by the Division of Finance in accordance with Sections 63A-3-106 and 63A-3-107.

26B-1-411 - Creation and membership of Kurt Oscarson Children’s Organ Transplant Coordinating Committee — Expenses — Purposes.

26B-1-411(1) There is created the Kurt Oscarson Children’s Organ Transplant Coordinating Committee. 26B-1-411(2) The committee shall have five members representing the following:

the executive director or the executive director’s designee; two representatives from public or private agencies and organizations concerned with providing support and financial assistance to the children and families of children who need organ transplants; and two individuals who have had organ transplants, have children who have had organ transplants, who work with families or children who have had or are awaiting organ transplants, or community leaders or volunteers who have demonstrated an interest in working with families or children in need of organ transplants. 26B-1-411(3) The governor shall appoint the committee members and designate the chair from among the committee members. Except as required by Subsection (3)(b)(ii), each member shall serve a four-year term. Notwithstanding the requirements of Subsection (3)(b)(i), the governor shall, at the time of appointment or reappointment, adjust the length of terms to ensure that the terms of the committee members are staggered so that approximately half of the committee is appointed every two years. 26B-1-411(4) A member may not receive compensation or benefits for the member’s service, but, at the executive director’s discretion, may receive per diem and travel expenses in accordance with:

Section 63A-3-106; Section 63A-3-107; and rules made by the Division of Finance pursuant to Sections 63A-3-106 and 63A-3-107. 26B-1-411(5) The department shall provide support staff for the committee. 26B-1-411(6) The committee shall work to:

provide financial assistance for initial medical expenses of children who need organ transplants; obtain the assistance of volunteer and public service organizations; and fund activities as the committee designates for the purpose of educating the public about the need for organ donors. 26B-1-411(7) The committee is responsible for awarding financial assistance funded by the Kurt Oscarson Children’s Organ Transplant Account created in Section 26B-1-311. The financial assistance awarded by the committee under Subsection (6)(a) shall be in the form of interest free loans. The committee may establish terms for repayment of the loans, including a waiver of the requirement to repay any awards if, in the committee’s judgment, repayment of the loan would impose an undue financial burden on the recipient. In making financial awards under Subsection (6)(a), the committee shall consider: need; coordination with or enhancement of existing services or financial assistance, including availability of insurance or other state aid; the success rate of the particular organ transplant procedure needed by the child; and the extent of the threat to the child’s life without the organ transplant. The committee may only provide the assistance described in this section to children who have resided in Utah, or whose legal guardians have resided in Utah for at least six months prior to the date of assistance under this section. 26B-1-411(8) The committee may expend up to 5% of the committee’s annual appropriation for administrative costs associated with the allocation of funds from the Kurt Oscarson Children’s Organ Transplant Account created in Section 26B-1-311. The administrative costs shall be used for the costs associated with staffing the committee and for State Tax Commission costs in implementing Section 59-10-1308.

26B-1-412 - Health Facility Committee — Members — Terms — Organization — Meetings.

26B-1-412(1) The definitions in Section 26B-2-201 apply to this section. 26B-1-412(2) The Health Facility Committee shall consist of 12 members appointed by the governor in consultation with the executive director.The appointed members shall be knowledgeable about health care facilities and issues. 26B-1-412(3) The membership of the committee is:one physician, licensed to practice medicine and surgery under Title 58, Chapter 67, Utah Medical Practice Act, or Title 58, Chapter 68, Utah Osteopathic Medical Practice Act, who is a graduate of a regularly chartered medical school;one hospital administrator;one hospital trustee;one representative of a freestanding ambulatory surgical facility;one representative of an ambulatory surgical facility that is affiliated with a hospital;one representative of the nursing care facility industry;one registered nurse, licensed to practice under Title 58, Chapter 31b, Nurse Practice Act;one licensed architect or engineer with expertise in health care facilities;one representative of assisted living facilities licensed under Chapter 2, Part 2, Health Care Facility Licensing and Inspection;two consumers, one of whom has an interest in or expertise in geriatric care; andone representative from either a home health care provider or a hospice provider. 26B-1-412(4) Except as required by Subsection (4)(b), members shall be appointed for a term of four years.Notwithstanding the requirements of Subsection (4)(a), the governor shall, at the time of appointment or reappointment, adjust the length of terms to ensure that the terms of committee members are staggered so that approximately half of the committee is appointed every two years.When a vacancy occurs in the membership for any reason, the replacement shall be appointed for the unexpired term by the governor, giving consideration to recommendations made by the committee, with the advice and consent of the Senate.A member may not serve more than two consecutive full terms or 10 consecutive years, whichever is less. Notwithstanding Subsection (4)(d)(i), a member may continue to serve as a member until the member is replaced.The committee shall annually elect from the committee’s membership a chair and vice chair.The committee shall meet at least quarterly, or more frequently as determined by the chair or five members of the committee.Six members constitute a quorum.A vote of the majority of the members present constitutes action of the committee. 26B-1-412(5) The committee shall:with the concurrence of the department, make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act:for the licensing of health-care facilities; andrequiring the submission of architectural plans and specifications for any proposed new health-care facility or renovation to the department for review;approve the information for applications for licensure pursuant to Section 26B-2-207;advise the department as requested concerning the interpretation and enforcement of the rules established under Chapter 2, Part 2, Health Care Facility Licensing and Inspection; andadvise, consult, cooperate with, and provide technical assistance to other agencies of the state and federal government, and other states and affected groups or persons in carrying out the purposes of Chapter 2, Part 2, Health Care Facility Licensing and Inspection. 26B-1-412(6) A member may not receive compensation or benefits for the member’s service, but may receive per diem and travel expenses in accordance with:Section 63A-3-106;Section 63A-3-107; andrules made by the Division of Finance pursuant to Sections 63A-3-106 and 63A-3-107.

26B-1-413 - Health Data Committee — Purpose, powers, and duties of the committee — Membership — Terms — Chair — Compensation.

26B-1-413(1) The definitions in Section 26B-8-501 apply to this section. 26B-1-413(2) There is created within the department the Health Data Committee. 26B-1-413(3) The committee shall advise and consult with the department related to the department’s duties under Chapter 8, Part 5, Utah Health Data Authority. 26B-1-413(4) The committee shall be composed of 19 members. 26B-1-413(5) Five members shall be:the commissioner of the Utah Insurance Departmentor the commissioner’s designee who shall have knowledge regarding the health care system and characteristics and use of health data;two legislators jointly appointed by the speaker of the House of Representatives and the president of the Senate;one advocate for data privacy jointly appointed by the speaker of the House of Representatives and the president of the Senate; andone member of the public with knowledge regarding data privacy jointly appointed by the speaker of the House of Representatives and the president of the Senate.Fourteen members shall be appointed or reappointed by the governor with the advice and consent of the Senate in accordance with Subsection (6) and Title 63G, Chapter 24, Part 2, Vacancies. 26B-1-413(6) The members of the committee appointed under Subsection (5)(b) shall:be knowledgeable regarding the health care system and the characteristics and use of health data;be selected so that the committee at all times includes individuals who provide care;include one person employed by or otherwise associated with a general acute hospital as defined in Section 26B-2-201, who is knowledgeable about the collection, analysis, and use of health care data;include two physicians, as defined in Section 58-67-102:who are licensed to practice in this state;who actively practice medicine in this state;who are trained in or have experience with the collection, analysis, and use of health care data; andone of whom is selected by the Utah Medical Association;include three persons:who are:employed by or otherwise associated with a business that supplies health care insurance to the business’s employees; andknowledgeable about the collection and use of health care data; andat least one of whom represents an employer employing 50 or fewer employees;include three persons representing health insurers:at least one of whom is employed by or associated with a third-party payor that is not licensed under Title 31A, Chapter 8, Health Maintenance Organizations and Limited Health Plans;at least one of whom is employed by or associated with a third party that is licensed under Title 31A, Chapter 8, Health Maintenance Organizations and Limited Health Plans; andwho are trained in, or experienced with the collection, analysis, and use of health care data;include two consumer representatives:from organized consumer or employee associations; andknowledgeable about the collection and use of health care data;include one person:representative of a neutral, non-biased entity that can demonstrate that the entity has the broad support of health care payers and health care providers; andwho is knowledgeable about the collection, analysis, and use of health care data; andinclude two persons representing public health who are trained in or experienced with the collection, use, and analysis of health care data. 26B-1-413(7) Except as required by Subsection (7)(b), as terms of current committee members expire, the governor shall appoint each new member or reappointed member to a four-year term.Notwithstanding the requirements of Subsection (7)(a), the governor shall, at the time of appointment or reappointment, adjust the length of terms to ensure that the terms of committee members are staggered so that approximately half of the committee is appointed every two years.Members may serve after the members’ terms expire until replaced. 26B-1-413(8) When a vacancy occurs in the membership for any reason, the governor shall, with the advice and consent of the Senate, and in accordance with Subsection (5)(b) and title 63G, Chapter 24, Part 2, Vacancies, appoint a replacement for the unexpired term. 26B-1-413(9) Committee members shall annually elect a chair of the committee from among the committee’s membership. The chair shall report to the executive director. 26B-1-413(10) The committee shall meet at least once during each calendar quarter. Meeting dates shall be set by the chair upon 10 working days’ notice to the other members, or upon written request by at least four committee members with at least 10 working days’ notice to other committee members.Ten committee members constitute a quorum for the transaction of business. Action may not be taken except upon the affirmative vote of a majority of a quorum of the committee.All meetings of the committee shall be open to the public, except that the committee may hold a closed meeting if the requirements of Sections 52-4-204, 52-4-205, and 52-4-206 are met. 26B-1-413(11) A member:may not receive compensation or benefits for the member’s service, but may receive per diem and travel expenses in accordance with:Section 63A-3-106;Section 63A-3-107; andrules made by the Division of Finance pursuant to Sections 63A-3-106 and 63A-3-107; andshall comply with the conflict of interest provisions described in Title 63G, Chapter 24, Part 3, Conflicts of Interest.

26B-1-414 - Child Care Provider Licensing Committee — Duties.

26B-1-414(1) The Child Care Provider Licensing Committee shall be comprised of 12 members appointed by the governor with the advice and consent of the Senate in accordance with this Subsection (1).The governor shall appoint three members who:have at least five years of experience as an owner in or director of a for profit or not-for-profit center based child care as defined in Section 26B-2-401; andhold an active license as a child care center from the department to provide center based child care as defined in Section 26B-2-401.The governor shall appoint two members who hold an active license as a residential child care provider and one member who is a certified residential child care provider.The governor shall appoint one member to represent each of the following:a parent with a child in a licensed center based child care facility;a parent with a child in a residential based child care facility;a child development expert from the state system of higher education;except as provided in Subsection (1)(f), a pediatrician licensed in the state;a health care provider; andan architect licensed in the state.Except as provided in Subsection (1)(d)(i)(C), a member appointed under Subsection (1)(d)(i) may not be an employee of the state or a political subdivision of the state.At least one member described in Subsection (1)(b) shall at the time of appointment reside in a county that is not a county of the first class.For the appointment described in Subsection (1)(d)(i)(D), the governor may appoint a health care professional who specializes in pediatric health if:the health care professional is licensed under:Title 58, Chapter 31b, Nurse Practice Act, as an advanced practice nurse practitioner; orTitle 58, Chapter 70a, Utah Physician Assistant Act; andbefore appointing a health care professional under this Subsection (1)(f), the governor:sends a notice to a professional physician organization in the state regarding the opening for the appointment described in Subsection (1)(d)(i)(D); andreceives no applications from a pediatrician who is licensed in the state for the appointment described in Subsection (1)(d)(i)(D) within 90 days after the day on which the governor sends the notice described in Subsection (1)(f)(ii)(A). 26B-1-414(2) Except as required by Subsection (2)(b), as terms of current members expire, the governor shall appoint each new member or reappointed member to a four-year term ending June 30.Notwithstanding the requirements of Subsection (2)(a), the governor shall, at the time of appointment or reappointment, adjust the length of terms to ensure that the terms of members are staggered so that approximately half of the licensing committee is appointed every two years.Upon the expiration of the term of a member of the licensing committee, the member shall continue to hold office until a successor is appointed and qualified.A member may not serve more than two consecutive terms.Members of the licensing committee shall annually select one member to serve as chair who shall establish the agenda for licensing committee meetings. 26B-1-414(3) When a vacancy occurs in the membership for any reason, the governor, with the advice and consent of the Senate, shall appoint a replacement for the unexpired term. 26B-1-414(4) The licensing committee shall meet at least every two months.The director may call additional meetings:at the director’s discretion;upon the request of the chair; orupon the written request of three or more members. 26B-1-414(5) Seven members of the licensing committee constitute a quorum for the transaction of business. 26B-1-414(6) A member appointed under Subsection (1)(b) may not vote on any action proposed by the licensing committee regarding residential child care. 26B-1-414(7) A member appointed under Subsection (1)(c) may not vote on any action proposed by the licensing committee regarding center based child care. 26B-1-414(8) A member of the licensing committee may not receive compensation or benefits for the member’s service, but may receive per diem and travel expenses as allowed in:Section 63A-3-106;Section 63A-3-107; andrules made by the Division of Finance in accordance with Sections 63A-3-106 and 63A-3-107. 26B-1-414(9) The licensing committee shall:in concurrence with the department and in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, make rules that govern center based child care and residential child care, as those terms are defined in Section 26B-2-401, as necessary to protect qualifying children’s common needs for a safe and healthy environment, to provide for:adequate facilities and equipment; andcompetent caregivers considering the age of the children and the type of program offered by the licenseein concurrence with the department and in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, make rules necessary to carry out the purposes of Chapter 2, Part 4, Child Care Licensing, that govern center based child care and residential child care, as those terms are defined in Section 26B-2-401, in the following areas:requirements for applications, the application process, and compliance with other applicable statutes and rules;documentation, policies, and procedures that providers shall have in place in order to be licensed, in accordance with this Subsection (9);categories, classifications, and duration of initial and ongoing licenses;changes of ownership or name, changes in licensure status, and changes in operational status;license expiration and renewal, contents, and posting requirements;procedures for inspections, complaint resolution, disciplinary actions, and other procedural measures to encourage and ensure compliance with statute and rule; andguidelines necessary to ensure consistency and appropriateness in the regulation and discipline of licensees;advise the department on the administration of a matter affecting center based child care or residential child care, as those terms are defined in Section 26B-2-401;advise and assist the department in conducting center based child care provider seminars and residential child care seminars; andperform other duties as provided in Section 26B-2-402. 26B-1-414(10) The licensing committee may not enforce the rules adopted under this section.the department shall enforce the rules adopted under this section in accordance with Section 26B-2-402.

26B-1-417 - Brain and Spinal Cord Injury Advisory Committee — Membership — Duties.

26B-1-417(1) There is created the Brain and Spinal Cord Injury Advisory Committee within the department. 26B-1-417(2) The advisory committee shall be composed of the following members:an individual employed with the Department of Health and Human Services;an individual who has experienced a neurological condition;an individual who has experienced a brain injury;an individual who has experienced a spinal cord injury;a parent of a child who has a neurological condition;a parent or caretaker of an individual who has experienced a brain or spinal cord injury;a professional who:provides services to adults who have experienced brain or spinal cord injuries; anddoes not receive a financial benefit from the fund described in Section 26B-1-318;a professional who:provides services to children who have a neurological condition; anddoes not receive a financial benefit from the fund described in Section 26B-1-318;an individual licensed as a speech-language pathologist under Title 58, Chapter 41, Speech-Language Pathology and Audiology Licensing Act, who works with individuals who have experienced a brain injury;a representative of an association that advocates for individuals with brain injuries;an individual who conducts research or is familiar with or possesses knowledge of research on neurological conditions, brain injuries, or spinal cord injuries;a member of the House of Representatives appointed by the speaker of the House of Representatives; anda member of the Senate appointed by the president of the Senate.Except for members described in Subsections (2)(a)(xii) through (xiii), the executive director shall appoint members of the advisory committee. 26B-1-417(3) Except as provided in Subsection (3)(f), the term of advisory committee members shall be four years. If a vacancy occurs in the committee membership for any reason, a replacement shall be appointed for the unexpired term in the same manner as the original appointment.The committee shall elect a chairperson from the membership.A majority of the committee constitutes a quorum at any meeting, and, if a quorum is present at an open meeting, the action of the majority of members shall be the action of the advisory committee.The terms of the advisory committee shall be staggered so that approximately half of the committee members appointed under Subsections (2)(a)(i) through (xi) are appointed every two years.The executive director may shorten an appointment to comply with Subsection (3)(e). 26B-1-417(4) The advisory committee shall comply with the procedures and requirements of:Title 52, Chapter 4, Open and Public Meetings Act; andTitle 63G, Chapter 2, Government Records Access and Management Act. 26B-1-417(5) A member who is not a legislator may not receive compensation or benefits for the member’s service, but, at the executive director’s discretion, may receive per diem and travel expenses as allowed in:Section 63A-3-106;Section 63A-3-107; andrules adopted by the Division of Finance according to Sections 63A-3-106 and 63A-3-107.Compensation and expenses of a member who is a legislator are governed by Section 36-2-2 and Legislative Joint Rules, Title 5, Legislative Compensation and Expenses. 26B-1-417(6) The advisory committee shall:establish priorities and criteria for the advisory committee to follow in recommending distribution of money from the Brain and Spinal Cord Injury Fund created in Section 26B-1-318;identify, evaluate, and review the quality of care:available to:individuals with spinal cord and brain injuries; orchildren with non-progressive neurological conditions; andthat is provided through qualified charitable clinics, as defined in Section 26B-1-318; explore, evaluate, and review other possible funding sources and make a recommendation to the Legislature regarding sources that would provide adequate funding for the advisory committee to accomplish its responsibilities under this section;on or before each July 1, provide a report to the Health and Human Services Interim Committee describing how money in the fund described in Section 26B-1-318 was used the previous year; andmeet at least once each quarter. 26B-1-417(7) Operating expenses for the advisory committee, including the committee’s staff, shall be paid for only with money from the Brain and Spinal Cord Injury Fund created in Section 26B-1-318.

26B-1-421 - Compassionate Use Board.

26B-1-421(1) The definitions in Section 26B-4-201 apply to this section. 26B-1-421(2) The department shall establish a Compassionate Use Board consisting of:seven qualified medical providers that the executive director appoints with the advice and consent of the Senate:who are knowledgeable about the medicinal use of cannabis;who are physicians licensed under Title 58, Chapter 67, Utah Medical Practice Act, or Title 58, Chapter 68, Utah Osteopathic Medical Practice Act; andwho 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; andas a nonvoting member and the chair of the Compassionate Use Board, the executive director or the director’s designee.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. 26B-1-421(3) Of the members of the Compassionate Use Board that the executive director first appoints:three shall serve an initial term of two years; andthe remaining members shall serve an initial term of four years.After an initial term described in Subsection (3)(a) expires:each term is four years; andeach board member is eligible for reappointment.A member of the Compassionate Use Board may serve until a successor is appointed.Four members constitute a quorum of the Compassionate Use Board. 26B-1-421(4) A member of the Compassionate Use Board may receive:notwithstanding Section 63A-3-106, compensation or benefits for the member’s service; andtravel expenses in accordance with Section 63A-3-107 and rules made by the Division of Finance in accordance with Section 63A-3-107. 26B-1-421(5) The Compassionate Use Board shall: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: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:substantially impairs the individual’s quality of life; andhas not, in the recommending medical provider’s professional opinion, adequately responded to conventional treatments;the recommending medical provider:recommends that the individual or minor be allowed to use medical cannabis; andprovides 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; andthe Compassionate Use Board determines that:the recommendation of the individual’s recommending medical provider is justified; andbased on available information, it may be in the best interests of the individual to allow the use of medical cannabis;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;unless no petitions are pending:meet to receive or review compassionate use petitions at least quarterly; andif there are more petitions than the board can receive or review during the board’s regular schedule, as often as necessary;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; andconsult with the department regarding the criteria described in Subsection (6). 26B-1-421(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:time is of the essence;engaging the full review process would be unreasonable in light of the petitioner’s physical condition; andsufficient factors are present regarding the petitioner’s safety. 26B-1-421(7) The department shall review: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; andany expedited petitions the department receives under the process described in Subsection (6).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:issue the relevant medical cannabis card; andprovide for the renewal of the medical cannabis card in accordance with the recommendation of the recommending medical provider described in Subsection (5)(a).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.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. 26B-1-421(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. 26B-1-421(9) The Compassionate Use Board shall annually report the board’s activity to the advisory board.

26B-1-422 - Early Childhood Utah Advisory Council — Creation — Compensation — Duties.

26B-1-422(1) As used in this section:“Early childhood” refers to a child in the state who is eight years old or younger; and”State superintendent” means the state superintendent of public instruction appointed under Section 53E-3-301. 26B-1-422(2) There is created the Early Childhood Utah Advisory Council. 26B-1-422(3) The department shall:make rules establishing the membership, duties, and procedures of the council in accordance with the requirements of:this section;the Improving Head Start for School Readiness Act of 2007, 42 U.S.C. Sec. 9837b; andTitle 63G, Chapter 3, Utah Administrative Rulemaking Act; andprovide necessary administrative and staff support to the council.A member of the council may not receive compensation or benefits for the member’s service. 26B-1-422(4) The duties of the council include:improving and coordinating the quality of programs and services for children in accordance with the Improving Head Start for School Readiness Act of 2007, 42 U.S.C. Sec. 9837b;supporting Utah parents and families by providing comprehensive and accurate information regarding the availability of voluntary services for children in early childhood from state agencies and other private and public entities;facilitating improved coordination between state agencies and community partners that provide services to children in early childhood;sharing and analyzing information regarding early childhood issues in the state;providing recommendations to the department, the Department of Workforce Services, and the State Board of Education regarding a comprehensive delivery system of services for children in early childhood that addresses the following four areas:family support and safety;health and development;early learning; andeconomic development; andidentifying opportunities for and barriers to the alignment of standards, rules, policies, and procedures across programs and agencies that support children in early childhood. 26B-1-422(5) To fulfill the duties described in Subsection (4), the council shall:directly engage with parents, families, community members, and public and private service providers to identify and address:the quality, effectiveness, and availability of existing services for children in early childhood and the coordination of those services;gaps and barriers to entry in the provision of services for children in early childhood; andcommunity-based solutions in improving the quality, effectiveness, and availability of services for children in early childhood;seek regular and ongoing feedback from a wide range of entities and individuals that use or provide services for children in early childhood, including entities and individuals that use, represent, or provide services for any of the following:children in early childhood who live in urban, suburban, or rural areas of the state;children in early childhood with varying socioeconomic backgrounds;children in early childhood with varying ethnic or racial heritages;children in early childhood from various geographic areas of the state; andchildren in early childhood with special needs;study, evaluate, and report on the status and effectiveness of policies, procedures, and programs that provide services to children in early childhood;study and evaluate the effectiveness of policies, procedures, and programs implemented by other states and nongovernmental entities that address the needs of children in early childhood;identify policies, procedures, and programs that are impeding efforts to help children in early childhood in the state and recommend changes to those policies, procedures, and programs;identify policies, procedures, and programs related to children in early childhood in the state that are inefficient or duplicative and recommend changes to those policies, procedures, and programs;recommend policy, procedure, and program changes to address the needs of children in early childhood;develop methods for using interagency information to inform comprehensive policy and budget decisions relating to early childhood services; anddevelop strategies and monitor efforts concerning:increasing school readiness;improving access to early child care and early education programs; andimproving family and community engagement in early childhood education and development. 26B-1-422(6) In fulfilling the council’s duties, the council may request and receive, from any state or local governmental agency or institution, information relating to early childhood, including reports, audits, projections, and statistics. 26B-1-422(7) On or before August 1, 2024, and at least every five years thereafter, the council shall provide to the executive director, the executive director of the Department of Workforce Services, and the state superintendent a statewide needs assessment concerning the quality and availability of early childhood education, health, and development programs and services for children in early childhood.

26B-1-422.1 - Reports.

26B-1-422.1(1) On or before August 1 of each year, the Early Childhood Utah Advisory Council created in Section 26B-1-422 shall provide an annual report to the executive director, the executive director of the Department of Workforce Services, and the state superintendent.The annual report shall include:a statewide assessment concerning the availability of high-quality pre-kindergarten services for children from low-income households;a statewide strategic report addressing the activities mandated by the Improving Head Start for School Readiness Act of 2007, 42 U.S.C. Sec. 9837b, including:identifying opportunities for and barriers to collaboration and coordination among federally-funded and state-funded child health and development, child care, and early childhood education programs and services, including collaboration and coordination among state agencies responsible for administering such programs;evaluating the overall participation of children in existing federal, state, and local child care programs and early childhood health, development, family support, and education programs;recommending statewide professional development and career advancement plans for early childhood educators and service providers in the state, including an analysis of the capacity and effectiveness of programs at two- and four-year public and private institutions of higher education that support the development of early childhood educators; andrecommending improvements to the state’s early learning standards and high-quality comprehensive early learning standards; andthe recommendations described in Subsection 26B-1-422(4)(e). 26B-1-422.1(2) In addition to the annual report described in Subsection (1)(a), on or before August 1, 2024, and at least every five years thereafter, the council shall provide to the executive director, the executive director of the Department of Workforce Services, and the state superintendent, a statewide needs assessment concerning the quality and availability of early childhood education, health, and development programs and services for children in early childhood.

26B-1-423 - Rural Physician Loan Repayment Program Advisory Committee — Membership — Compensation — Duties.

26B-1-423(1) There is created the Rural Physician Loan Repayment Program Advisory Committee consisting of the following eight members appointed by the executive director:

two legislators whose districts include a rural county as defined in Section 26B-4-701; five administrators of a hospital located in a rural county as defined in Section 26B-4-701, nominated by an association representing Utah hospitals, no more than two of whom are employed by hospitals affiliated by ownership; and a physician currently practicing in a rural county as defined in Section 26B-4-701. 26B-1-423(2) An appointment to the committee shall be for a four-year term unless the member is appointed to complete an unexpired term. The executive director shall adjust the length of term at the time of appointment or reappointment so that approximately one-half of the committee is appointed every two years. The executive director shall annually appoint a committee chair from among the members of the committee. 26B-1-423(3) The committee shall meet at the call of: the chair; at least three members of the committee; or the executive director. The committee shall meet at least once each calendar year. 26B-1-423(4) A majority of the members of the committee constitutes a quorum. The action of a majority of a quorum constitutes the action of the committee. 26B-1-423(5) A member may not receive compensation or benefits for the member’s service, but may receive per diem and travel expenses in accordance with:

Section 63A-3-106; Section 63A-3-107; and rules made by the Division of Finance pursuant to Sections 63A-3-106 and 63A-3-107. 26B-1-423(6) The committee shall make recommendations to the department for the development and modification of rules to administer the Rural Physician Loan Repayment Program created in Section 26B-4-703. 26B-1-423(7) As funding permits, the department shall provide staff and other administrative support to the committee.

26B-1-424 - Adult Autism Treatment Program Advisory Committee — Membership — Procedures — Compensation — Duties — Expenses.

26B-1-424(1) As used in this section, “autism spectrum disorder” means the same as that term is defined in Section 31A-22-642. 26B-1-424(2) The Adult Autism Treatment Advisory Committee created in Section 26B-1-204 shall consist of six members appointed by the governor to two-year terms as follows:one individual who:has a doctorate degree in psychology;is a licensed behavior analyst practicing in the state; andhas treated adults with an autism spectrum disorder for at least three years;one individual who is:employed by the department; andhas professional experience with the treatment of autism spectrum disorder;three individuals who have firsthand experience with autism spectrum disorders and the effects, diagnosis, treatment, and rehabilitation of autism spectrum disorders, including:family members of an adult with an autism spectrum disorder;representatives of an association that advocates for adults with an autism spectrum disorder; andspecialists or professionals who work with adults with an autism spectrum disorder; andone individual who is:a health insurance professional;holds a Doctor of Medicine or Doctor of Philosophy degree, with professional experience relating to the treatment of autism spectrum disorder; andhas a knowledge of autism benefits and therapy that are typically covered by the health insurance industry. 26B-1-424(3) Notwithstanding Subsection (2), the governor shall, at the time of appointment or reappointment, adjust the length of terms to ensure the terms of members are staggered so that approximately half of the advisory committee is appointed every year.If a vacancy occurs in the membership of the advisory committee, the governor may appoint a replacement for the unexpired term.The advisory committee shall annually elect a chair from its membership.A majority of the advisory committee constitutes a quorum at any meeting and, if a quorum exists, the action of the majority of members present is the action of the advisory committee. 26B-1-424(4) The advisory committee shall meet as necessary to:advise the department regarding implementation of the Adult Autism Treatment Program created in Section 26B-4-602; andmake recommendations to the department and the Legislature for improving the Adult Autism Treatment Program. 26B-1-424(5) The advisory committee shall comply with the procedures and requirements of:Title 52, Chapter 4, Open and Public Meetings Act; andTitle 63G, Chapter 2, Government Records Access and Management Act. 26B-1-424(6) A member may not receive compensation or benefits for the member’s service, but may receive per diem and travel expenses in accordance with:Section 63A-3-106;Section 63A-3-107; andrules made by the Division of Finance pursuant to Sections 63A-3-106 and 63A-3-107. 26B-1-424(7) The department shall staff the advisory committee.Expenses of the advisory committee, including the cost of advisory committee staff if approved by the executive director, may be paid only with funds from the Adult Autism Treatment Account created in Section 26B-1-322.

26B-1-425 - Utah Health Workforce Advisory Council — Creation and membership.

26B-1-425(1) There is created within the department the Utah Health Workforce Advisory Council. 26B-1-425(2) The council shall be comprised of at least 14 but not more than 19 members. 26B-1-425(3) The following are members of the council:the executive director or that individual’s designee;the executive director of the Department of Workforce Services or that individual’s designee;the commissioner of higher education of the Utah System of Higher Education or that individual’s designee;the state superintendent of the State Board of Education or that individual’s designee;the executive director of the Department of Commerce or that individual’s designee;the director of the Division of Multicultural Affairs or that individual’s designee;the director of the Utah Substance Use and Mental Health Advisory Committee or that individual’s designee;the chair of the Utah Indian Health Advisory Board; andthe chair of the Utah Medical Education Council created in Section 26B-4-706. 26B-1-425(4) The executive director shall appoint at least five but not more than ten additional members that represent diverse perspectives regarding Utah’s health workforce as defined in Section 26B-4-705. 26B-1-425(5) A member appointed by the executive director under Subsection (4) shall serve a four-year term.Notwithstanding Subsection (5)(a) for the initial appointments of members described in Subsection (4) the executive director shall appoint at least three but not more than five members to a two-year appointment to ensure that approximately half of the members appointed by the executive director rotate every two years. 26B-1-425(6) The executive director or the executive director’s designee shall chair the council. 26B-1-425(7) As used in this Subsection (7), “health workforce” means the same as that term is defined in Section 26B-4-705.The council shall:meet at least once each quarter;study and provide recommendations to an entity described in Subsection (8) regarding:health workforce supply;health workforce employment trends and demand;options for training and educating the health workforce;the implementation or improvement of strategies that entities in the state are using or may use to address health workforce needs including shortages, recruitment, retention, and other Utah health workforce priorities as determined by the council;provide guidance to an entity described in Subsection (8) regarding health workforce related matters;review and comment on legislation relevant to Utah’s health workforce; andadvise the Utah Board of Higher Education and the Legislature on the status and needs of the health workforce who are in training. 26B-1-425(8) The council shall provide information described in Subsections (7)(b)(ii) and (iii) to:the Legislature;the department;the Department of Workforce Services;the Department of Commerce;the Utah Medical Education Council; andany other entity the council deems appropriate upon the entity’s request. 26B-1-425(9) The Utah Medical Education Council created in Section 26B-4-706 is a subcommittee of the council.The council may establish subcommittees to support the work of the council.A member of the council shall chair a subcommittee created by the council.Except for the Utah Medical Education Council, the chair of the subcommittee may appoint any individual to the subcommittee. 26B-1-425(10) For any report created by the council that pertains to any duty described in Subsection (7), the council shall:provide the report to:the department; andany appropriate legislative committee; andpost the report on the council’s website. 26B-1-425(11) The executive director shall:ensure the council has adequate staff to support the council and any subcommittee created by the council; andprovide any available information upon the council’s request if:that information is necessary for the council to fulfill a duty described in Subsection (7); andthe department has access to the information. 26B-1-425(12) A member of the council or a subcommittee created by the council may not receive compensation or benefits for the member’s service but may receive per diem and travel expenses as allowed in:Section 63A-3-106;Section 63A-3-107; andrules made by the Division of Finance according to Sections 63A-3-106 and 63A-3-107.

26B-1-426 - Board of Aging and Adult Services — Members, appointment, terms, vacancies, chairperson, compensation, meetings, quorum.

26B-1-426(1) The Board of Aging and Adult Services created in Section 26B-1-204 shall have seven members who are appointed or reappointed by the governor with the advice and consent of the Senate in accordance with Title 63G, Chapter 24, Part 2, Vacancies. 26B-1-426(2) Except as required by Subsection (2)(b), each member shall be appointed for a term of four years, and is eligible for one reappointment.Notwithstanding the requirements of Subsection (2)(a), the governor shall, at the time of appointment or reappointment, adjust the length of terms to ensure that the terms of board members are staggered so that approximately half of the board is appointed every two years.Board members shall continue in office until the expiration of their terms and until their successors are appointed, which may not exceed 90 days after the formal expiration of a term.When a vacancy occurs in the membership for any reason, the governor shall, with the advice and consent of the Senate in accordance with Title 63G, Chapter 24, Part 2, Vacancies, appoint a replacement for the unexpired term. 26B-1-426(3) The board shall have diversity of gender, ethnicity, and culture; and members shall be chosen on the basis of their active interest, experience, and demonstrated ability to deal with issues related to the Board of Aging and Adult Services. 26B-1-426(4) The board shall annually elect a chairperson from the board’s membership.The board shall hold meetings at least once every three months.Within budgetary constraints, meetings may be held from time to time on the call of the chairperson or of the majority of the members of the board.Four members of the board are necessary to constitute a quorum at any meeting, and, if a quorum exists, the action of the majority of members present shall be the action of the board. 26B-1-426(5) A member may not receive compensation or benefits for the member’s service, but, at the executive director’s discretion, may receive per diem and travel expenses in accordance with:Section 63A-3-106;Section 63A-3-107; andrules made by the Division of Finance pursuant to Sections 63A-3-106 and 63A-3-107. 26B-1-426(6) The board shall adopt bylaws governing its activities. The bylaws described in Subsection (6)(a) shall include procedures for removal of a board member who is unable or unwilling to fulfill the requirements of the board member’s appointment. 26B-1-426(7) The board has program policymaking authority for the division over which the board presides. 26B-1-426(8) A member of the board shall comply with the conflict of interest provisions described in Title 63G, Chapter 24, Part 3, Conflicts of Interest.

26B-1-427 - Alcohol Abuse Tracking Committee —Tracking effects of abuse of alcoholic products.

26B-1-427(1) There is created a committee within the department known as the Alcohol Abuse Tracking Committee that consists of:the executive director or the executive director’s designee;the commissioner of the Department of Public Safety or the commissioner’s designee;the director of the Department of Alcoholic Beverage Services or that director’s designee;the executive director of the Department of Workforce Services or that executive director’s designee;the chair of the Utah Substance Use and Mental Health Advisory Committee or the chair’s designee;the state court administrator or the state court administrator’s designee; andthe director of the Division of Technology Services or that director’s designee. 26B-1-427(2) The executive director or the executive director’s designee shall chair the committee. 26B-1-427(3) Four members of the committee constitute a quorum.A vote of the majority of the committee members present when a quorum is present is an action of the committee. 26B-1-427(4) The committee shall meet at the call of the chair. 26B-1-427(5) The committee may adopt additional procedures or requirements for:voting, when there is a tie of the committee members;how meetings are to be called; andthe frequency of meetings. 26B-1-427(6) The committee shall establish a process to collect for each calendar year the following information: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;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;the number of violations statewide of Title 32B, Alcoholic Beverage Control Act, related to over-serving or over-consumption of an alcoholic product;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;the location where the alcoholic products that result in the violations or costs described in Subsections (6)(a) through (d) are obtained; andany information the committee determines can be collected and relates to the abuse of alcoholic products.

26B-1-428 - Youth Electronic Cigarette, Marijuana, and Other Drug Prevention Committee and Program — Creation — Membership — Duties.

7/1/2030 26B-1-428(1) As used in this section:“Committee” means the Youth Electronic Cigarette, Marijuana, and Other Drug Prevention Committee created in Section 26B-1-204.”Program” means the Youth Electronic Cigarette, Marijuana, and Other Drug Prevention Program created in this section. 26B-1-428(2) There is created within the department the Youth Electronic Cigarette, Marijuana, and Other Drug Prevention Program.In consultation with the committee, the department shall:establish guidelines for the use of funds appropriated to the program under Subsection 59-14-807(3)(a)(vi);ensure that guidelines developed under Subsection (2)(b)(i) are evidence-based and appropriate for the population targeted by the program; andsubject to appropriations from the Legislature under Subsection 59-14-807(3)(a)(vi), fund statewide initiatives to prevent use of electronic cigarettes, nicotine products, marijuana, and other drugs by youth. 26B-1-428(3) The committee shall:advise the department on:preventing use of electronic cigarettes, marijuana, and other drugs by youth in the state;developing the guidelines described in Subsection (2)(b)(i); andimplementing the provisions of the program; andmeet quarterly or more frequently as determined necessary by the department’s designee under Subsection (3)(c)(ii).The executive director shall:appoint members of the committee; andconsult with the Utah Substance Use and Mental Health Advisory Committee created in Section 26B-5-801 when making the appointments under Subsection (3)(b)(i).The committee shall include, at a minimum:the executive director of a local health department as defined in Section 26A-1-102, or the local health department executive director’s designee;one designee from the department;one representative from the Department of Public Safety;one representative from the behavioral health community; andone representative from the education community.A member of the committee may not receive compensation or benefits for the member’s service on the committee, but may receive per diem and travel expenses in accordance with:Section 63A-3-106;Section 63A-3-107; andrules made by the Division of Finance under Sections 63A-3-106 and 63A-3-107.The department shall provide staff support to the committee. 26B-1-428(4) On or before October 31 of each year, the department shall report to:the Health and Human Services Interim Committee regarding:the use of funds appropriated to the program;the impact and results of the program, including the effectiveness of each program funded under Subsection (2)(b)(iii), during the previous fiscal year;a summary of the impacts and results on reducing youth use of electronic cigarettes and nicotine products by entities represented by members of the committee, including those entities who receive funding through the Electronic Cigarette Substance and Nicotine Product Proceeds Restricted Account created in Section 59-14-807; andany recommendations for legislation; andthe Utah Substance Use and Mental Health Advisory Committee created in Section 26B-5-801, regarding:the effectiveness of each program funded under Subsection (2)(b)(iii) in preventing youth use of electronic cigarettes, nicotine products, marijuana, and other drugs; andany collaborative efforts and partnerships established by the program with public and private entities to prevent youth use of electronic cigarettes, marijuana, and other drugs.

26B-1-429 - Utah State Developmental Center Board — Creation — Membership — Duties — Powers.

26B-1-429(1) There is created the Utah State Developmental Center Board within the department. 26B-1-429(2) The board is composed of nine members as follows:the director of the Division of Services for People with Disabilities or the director’s designee;the superintendent of the developmental center or the superintendent’s designee;the executive director or the executive director’s designee;a resident of the Utah State Developmental Center selected by the superintendent; andfive members appointed or reappointed by the governor with the advice and consent of the Senate as follows:three members of the general public; andtwo members who are parents or guardians of individuals who receive services at the Utah State Developmental Center. 26B-1-429(3) In making appointments to the board, the governor shall ensure that:no more than three members have immediate family residing at the Utah State Developmental Center; andmembers represent a variety of geographic areas and economic interests of the state. 26B-1-429(4) The governor shall appoint each member described in Subsection (2)(e) for a term of four years.An appointed member may not serve more than two full consecutive terms unless the governor determines that an additional term is in the best interest of the state.Notwithstanding the requirements of Subsections (4)(a) and (b), the governor shall, at the time of appointment or reappointment, adjust the length of terms to ensure that the terms of appointed members are staggered so that approximately half of the appointed members are appointed every two years.Appointed members shall continue in office until the expiration of their terms and until their successors are appointed, which may not exceed 120 days after the formal expiration of a term.When a vacancy occurs in the membership for any reason, the governor shall, with the advice and consent of the Senate, appoint a replacement for the unexpired term. 26B-1-429(5) The director shall serve as the chair.The board shall appoint a member to serve as vice chair.The board shall hold meetings quarterly or as needed.Five members are necessary to constitute a quorum at any meeting, and, if a quorum exists, the action of the majority of members present shall be the action of the board.The chair shall be a non-voting member except that the chair may vote to break a tie vote between the voting members. 26B-1-429(6) An appointed member may not receive compensation or benefits for the member’s service, but, at the executive director’s discretion, may receive per diem and travel expenses in accordance with:Section 63A-3-106;Section 63A-3-107; andrules made by the Division of Finance pursuant to Sections 63A-3-106 and 63A-3-107. 26B-1-429(7) The board shall adopt bylaws governing the board’s activities.Bylaws shall include procedures for removal of a member who is unable or unwilling to fulfill the requirements of the member’s appointment. 26B-1-429(8) The board shall:act for the benefit of the Utah State Developmental Center and the Division of Services for People with Disabilities;advise and assist the Division of Services for People with Disabilities with the division’s functions, operations, and duties related to the Utah State Developmental Center, described in Sections 26B-6-402, 26B-6-403, 26B-6-502, 26B-6-504, and 26B-6-506;administer the Utah State Developmental Center Miscellaneous Donation Fund, as described in Section 26B-1-330;administer the Utah State Developmental Center Long-Term Sustainability Fund, as described in Section 26B-1-331;approve the sale, lease, or other disposition of real property or water rights associated with the Utah State Developmental Center, as described in Subsection 26B-6-507(2); andwithin 21 days after the day on which the board receives the notice required under Subsection 10-2-903(3)(b), provide a written opinion regarding the proposed boundary adjustment to:the director of the Division of Facilities and Construction Management; andthe Legislative Management Committee.

26B-1-430 - Coordinating Council for Persons with Disabilities — Policy regarding services to individuals with disabilities — Creation — Membership — Expenses.

26B-1-430(1) As used in this section, “state agencies” means:

the Division of Services for People with Disabilities; the Office of Substance Use and Mental Health; the Division of Integrated Healthcare; family health services programs established under Chapter 4, Health Care - Delivery and Access, operated by the department; the Utah State Office of Rehabilitation created in Section 35A-1-202; and special education programs operated by the State Board of Education or an LEA under Title 53E, Chapter 7, Part 2, Special Education Program. 26B-1-430(2) It is the policy of this state that all agencies that provide services to persons with disabilities:

coordinate and ensure that services and supports are provided in a cost-effective manner. It is the intent of the Legislature that services and supports provided under this chapter be coordinated to meet the individual needs of persons with disabilities; and whenever possible, regard an individual’s personal choices concerning services and supports that are best suited to the individual’s needs and that promote the individual’s independence, productivity, and integration in community life. 26B-1-430(3) There is created the Coordinating Council for Persons with Disabilities. 26B-1-430(4) The council shall consist of:

the director of the Division of Services for People with Disabilities within the department, or the director’s designee; the director of family health services programs, appointed under Section 26B-7-120, or the director’s designee; the director of the Utah State Office of Rehabilitation created in Section 35A-1-202, or the director’s designee; the state director of special education, or the director’s designee; the director of the Division of Integrated Healthcare within the department, or the director’s designee; the director of the Office of Substance Use and Mental Health within the department, or the director’s designee; the superintendent of Schools for the Deaf and the Blind, or the superintendent’s designee; and a person with a disability, a family member of a person with a disability, or an advocate for persons with disabilities, appointed by the members listed in Subsections (4)(a) through (g). 26B-1-430(5) The council shall annually elect a chair from its membership. Five members of the council are a quorum. 26B-1-430(6) A member may not receive compensation or benefits for the member’s service, but may receive per diem and travel expenses in accordance with:

Section 63A-3-106; Section 63A-3-107; and rules made by the Division of Finance pursuant to Sections 63A-3-106 and 63A-3-107. 26B-1-430(7) The council has authority, after local or individual efforts have failed, to:

coordinate the appropriate transition of persons with disabilities who receive services and support from one state agency to receive services and support from another state agency; coordinate policies governing the provision of services and support for persons with disabilities by state agencies; and consider issues regarding eligibility for services and support and, where possible, develop uniform eligibility standards for state agencies. 26B-1-430(8) The council may receive appropriations from the Legislature to purchase services and supports for persons with disabilities as the council deems appropriate. 26B-1-430(9) Within appropriations authorized by the Legislature, the following individuals or the individuals’ representatives shall cooperatively develop a single coordinated education program, treatment services, and individual and family supports for students entitled to a free appropriate education under Title 53E, Chapter 7, Part 2, Special Education Program, who also require services from the department or the Utah State Office of Rehabilitation: the state director of special education; the director of the Utah State Office of Rehabilitation created in Section 35A-1-202; the executive director of the department; the director of family health services within the department; and the affected LEA, as defined in Section 53E-1-102. Distribution of costs for services and supports described in Subsection (9)(a) shall be determined through a process established by the department and the State Board of Education.

26B-1-432 - Newborn Hearing Screening Committee.

26B-1-432(1) There is established the Newborn Hearing Screening Committee. 26B-1-432(2) The committee shall advise the department on:

the validity and cost of newborn infant hearing loss testing procedures; and rules promulgated by the department to implement this Section 26B-4-319. 26B-1-432(3) The committee shall be composed of at least 11 members appointed by the executive director, including:

one representative of the health insurance industry; one pediatrician; one family practitioner; one ear, nose, and throat specialist nominated by the Utah Medical Association; two audiologists nominated by the Utah Speech-Language Hearing Association; one representative of hospital neonatal nurseries; one representative of the Early Intervention Baby Watch Program administered by the department; one public health nurse; one consumer; and the executive director or the executive director’s designee. 26B-1-432(4) Of the initial members of the committee, the executive director shall appoint as nearly as possible half to two-year terms and half to four-year terms. After the initial appointments described in Subsection (4)(a), appointments shall be for four-year terms except: for those members who have been appointed to complete an unexpired term; and as necessary to ensure that as nearly as possible the terms of half the appointments expire every two years. 26B-1-432(5) A majority of the members constitutes a quorum, and a vote of the majority of the members present constitutes an action of the committee. 26B-1-432(6) The committee shall appoint a chair from the committee’s membership. 26B-1-432(7) The committee shall meet at least quarterly. 26B-1-432(8) A member may not receive compensation or benefits for the member’s service, but may receive per diem and travel expenses in accordance with:

Section 63A-3-106; Section 63A-3-107; and rules made by the Division of Finance pursuant to Sections 63A-3-106 and 63A-3-107. 26B-1-432(9) The department shall provide staff for the committee.

26B-1-435 - Medical Cannabis Policy Advisory Board creation — Membership — Duties.

26B-1-435(1) There is created within the department the Medical Cannabis Policy Advisory Board. 26B-1-435(2) The advisory board shall consist of the following members:appointed by the executive director:a recommending medical provider who has recommended medical cannabis to at least 100 patients before being appointed;a mental health specialist;an individual who represents an organization that advocates for medical cannabis patients;a member of the general public who holds a medical cannabis patient card; anda member of the general public who does not hold a medical cannabis card;appointed by the commissioner of the Department of Agriculture and Food:an individual who owns or operates a licensed cannabis cultivation facility, as defined in Section 4-41a-102;an individual who owns or operates a licensed medical cannabis pharmacy; anda law enforcement officer; anda representative from the Center for Medical Cannabis Research created in Section 53H-4-206, appointed by the Center for Medical Cannabis Research.The commissioner of the Department of Agriculture and Food shall ensure that at least one individual appointed under Subsection (2)(a)(ii)(A) or (B) also owns or operates a licensed cannabis processing facility. 26B-1-435(3) Subject to Subsection (3)(b), a member of the advisory board shall serve for a four year term.When appointing the initial membership of the advisory board, the executive director and the commissioner of the Department of Agriculture and Food shall coordinate to appoint four advisory board members to serve a term of two years to ensure that approximately half of the board is appointed every two years. 26B-1-435(4) If an advisory board member is no longer able to serve as a member, a new member shall be appointed in the same manner as the original appointment.A member appointed in accordance with Subsection (4)(a) shall serve for the remainder of the unexpired term of the original appointment. 26B-1-435(5) A majority of the advisory board members constitutes a quorum.The action of a majority of a quorum constitutes an action of the advisory board.For a term lasting one year, the advisory board shall annually designate members of the advisory board to serve as chair and vice-chair.When designating the chair and vice-chair, the advisory board shall ensure that at least one individual described Subsection (2)(a)(i) is appointed as chair or vice-chair. 26B-1-435(6) An advisory board member may not receive compensation or benefits for the member’s service on the advisory board but may receive per diem and reimbursement for travel expenses incurred as an advisory board member in accordance with:Sections 63A-3-106 and 63A-3-107; andrules made by the Division of Finance pursuant to Sections 63A-3-106 and 63A-3-107. 26B-1-435(7) The department shall:provide staff support for the advisory board; andassist the advisory board in conducting meetings. 26B-1-435(8) The advisory board may recommend:to the department or the Department of Agriculture and Food changes to current or proposed medical cannabis rules or statutes; andto the appropriate legislative committee whether the advisory board supports a change to medical cannabis statutes. 26B-1-435(9) The advisory board shall:review any draft rule that is authorized under Chapter 4, Part 2, Cannabinoid Research and Medical Cannabis, or Title 4, Chapter 41a, Cannabis Production Establishments and Pharmacies;consult with the Department of Agriculture and Food regarding the issuance of an additional:cultivation facility license under Section 4-41a-205; orpharmacy license under Section 4-41a-1005;consult with the department regarding cannabis patient education;consult regarding the reasonableness of any fees set by the department or the Department of Agriculture and Food that pertain to the medical cannabis program; andconsult regarding any issue pertaining to medical cannabis when asked by the department or the Department of Agriculture and Food.

Fatality Review

26B-1-501 - Definitions.

As used in this part: 26B-1-501(1) “Abuse” means the same as that term is defined in Section 80-1-102. 26B-1-501(2) “Child” means the same as that term is defined in Section 80-1-102. 26B-1-501(3) “Committee” means a fatality review committee that is formed under Section 26B-1-503 or 26B-1-504. 26B-1-501(4) “Dependency” means the same as that term is defined in Section 80-1-102. 26B-1-501(5) “Formal review” means a review of a death or a near fatality that is ordered under Subsection 26B-1-502(5). 26B-1-501(6) “Near fatality” means alleged abuse or neglect that, as certified by a physician or physician assistant, places a child in serious or critical condition. 26B-1-501(7) “Qualified individual” means an individual who:at the time that the individual dies, is a resident of a facility or program that is owned or operated by the department or a division of the department;is in the custody of the department or a division of the department; andis placed in a residential placement by the department or a division of the department;at the time that the individual dies, has an open case for the receipt of child welfare services, including:an investigation for abuse, neglect, or dependency;foster care;in-home services; orsubstitute care;had an open case for the receipt of child welfare services within one year before the day on which the individual dies;was the subject of an accepted referral received by Adult Protective Services within one year before the day on which the individual dies, if:the department or a division of the department is aware of the death; andthe death is reported as a homicide, suicide, or an undetermined cause;received services from, or under the direction of, the Division of Services for People with Disabilities within one year before the day on which the individual dies;dies within 60 days after the day on which the individual is discharged from the Utah State Hospital, if the department is aware of the death;is a child who:suffers a near fatality; andis the subject of an open case for the receipt of child welfare services within one year before the day on which the child suffered the near fatality, including:an investigation for abuse, neglect, or dependency;foster care;in-home services; orsubstitute care; oris designated as a qualified individual by the executive director. 26B-1-501(8) “Neglect” means the same as that term is defined in Section 80-1-102. 26B-1-501(9) “Substitute care” means the same as that term is defined in Section 80-1-102.

26B-1-502 - Initial review.

26B-1-502(1) Within seven days after the day on which the department knows that a qualified individual has died or is an individual described in Subsection 26B-1-501(7)(h), a person designated by the department shall:for a death, complete a deceased client report form, created by the department; orfor an individual described in Subsection 26B-1-501(7)(h), complete a near fatality client report form, created by the department; andforward the completed client report form to:the director of the office or division that has jurisdiction over the region or facility;the executive director;the director of the Division of Continuous Quality and Improvement; andthe fatality review coordinator, or the fatality review coordinator’s designee. 26B-1-502(2) Within 10 days after the day on which the fatality review coordinator or the fatality review coordinator’s designee receives a copy of the near fatality client report form or the deceased client report form, the fatality review coordinator or the fatality review coordinator’s designee shall request a copy of all relevant department case records, or electronic access to all relevant department case records, regarding the individual who is the subject of the client report form. 26B-1-502(3) Each person who receives a request for a record described in Subsection (2) shall provide a copy of the record, or electronic access to the record, to the fatality review coordinator or the fatality review coordinator’s designee, by a secure method, within seven days after the day on which the request is made. 26B-1-502(4) Within 30 days after the day on which the fatality review coordinator or the fatality review coordinator’s designee receives the case records requested under Subsection (2), the fatality review coordinator, or the fatality review coordinator’s designee, shall:review the client report form, the case files, and other relevant information received by the fatality review coordinator; andmake a recommendation to the director of the Division of Continuous Quality and Improvement regarding whether a formal review of the death or near fatality should be conducted. 26B-1-502(5) In accordance with Subsection (5)(b), within 14 days after the day on which the fatality review coordinator or the fatality review coordinator’s designee makes the recommendation described in Subsection (4)(b), the director of the Division of Continuous Quality and Improvement or the director’s designee shall determine whether to order that a review of the death or near fatality be conducted.The director of the Division of Continuous Quality and Improvement or the director’s designee shall order that a formal review of the death or near fatality be conducted if:at the time of the near fatality or the death, the qualified individual is:an individual described in Subsections 26B-1-501(7)(a) through (h), unless:the near fatality or the death is due to a natural cause; orthe director of the Division of Continuous Quality and Improvement or the director’s designee determines that the near fatality or the death was not in any way related to services that were provided by, or under the direction of, the department or a division of the department; ora child in foster care or substitute care, unless the near fatality or the death is due to:a natural cause; oran accident;it appears, based on the information provided to the director of the Division of Continuous Quality and Improvement or the director’s designee, that:a provision of law, rule, policy, or procedure relating to the qualified individual or the individual’s family may not have been complied with;the near fatality or the fatality was not responded to properly;a law, rule, policy, or procedure may need to be changed; oradditional training is needed;the death is caused by suicide; orthe near fatality is caused by attempted suicide; orthe director of the Division of Continuous Quality and Improvement or the director’s designee determines that another reason exists to order that a review of the near fatality or the death be conducted.

26B-1-503 - Fatality review committee for a qualified individual who was not a resident of the Utah State Hospital or the Utah State Developmental Center.

26B-1-503(1) Except for a fatality review committee described in Section 26B-1-504, the fatality review coordinator shall organize a fatality review committee for each formal review. 26B-1-503(2) Except as provided in Subsection (5), a committee described in Subsection (1):

shall include the following members: the department’s fatality review coordinator, who shall designate a member of the committee to serve as chair of the committee; a member of the board, if there is a board, of the relevant division or office; the attorney general or the attorney general’s designee; a member of the management staff of the relevant division or office; or a person who is a supervisor, or a higher level position, from a region that did not have jurisdiction over the qualified individual; and a member of the department’s risk management services; and may include the following members: a health care professional; a law enforcement officer; or a representative of the Office of Public Guardian. 26B-1-503(3) If a death that is subject to formal review involves a qualified individual described in Subsection 26B-1-501(7)(c), (d), or (h), the committee may also include:

a health care professional; a law enforcement officer; the director of the Office of Guardian ad Litem; an employee of the division who may be able to provide information or expertise that would be helpful to the formal review; or a professional whose knowledge or expertise may significantly contribute to the formal review. 26B-1-503(4) A committee described in Subsection (1) may also include a person whose knowledge or expertise may significantly contribute to the formal review. 26B-1-503(5) A committee described in this section may not include an individual who was involved in, or who supervises a person who was involved in, the near fatality or the death. 26B-1-503(6) Each member of a committee described in this section who is not an employee of the department shall sign a form, created by the department, indicating that the member agrees to:

keep all information relating to the formal review confidential; and not release any information relating to a formal review, unless required or permitted by law to release the information.

26B-1-504 - Fatality review committees for a resident of the Utah State Hospital or the Utah State Developmental Center.

26B-1-504(1) If a qualified individual who is the subject of a formal review was a resident of the Utah State Hospital or the Utah State Developmental Center, the fatality review coordinator of that facility shall organize a fatality review committee to review the near fatality or the death. 26B-1-504(2) Except as provided in Subsection (4), a committee described in Subsection (1) shall include the following members:

the fatality review coordinator for the facility, who shall serve as chair of the committee; a member of the management staff of the facility; a supervisor of a unit other than the one in which the qualified individual resided; a physician; a representative from the administration of the division that oversees the facility; the department’s fatality review coordinator; a member of the department’s risk management services; and a citizen who is not an employee of the department. 26B-1-504(3) A committee described in Subsection (1) may also include a person whose knowledge or expertise may significantly contribute to the formal review. 26B-1-504(4) A committee described in this section may not include an individual who:

was involved in, or who supervises a person who was involved in, the near fatality or the death; or has a conflict with the fatality review.

26B-1-505 - Fatality review committee proceedings.

26B-1-505(1) A majority vote of committee members present constitutes the action of the committee. 26B-1-505(2) The department shall give the committee access to all reports, records, and other documents that are relevant to the near fatality or the death under investigation, including:narrative reports;case files;autopsy reports; andpolice reports, unless the report is protected from disclosure under Subsection 63G-2-305(10) or (11). 26B-1-505(3) The Utah State Hospital and the Utah State Developmental Center shall provide protected health information to the committee if requested by a fatality review coordinator. 26B-1-505(4) A committee shall convene monthly, unless this time is extended, for good cause, by the director of the Division of Continuous Quality and Improvement. 26B-1-505(5) A committee may interview a staff member, a provider, or any other person who may have knowledge or expertise that is relevant to the formal review. 26B-1-505(6) A committee shall render an advisory opinion regarding:whether the provisions of law, rule, policy, and procedure relating to the qualified individual and the individual’s family were complied with;whether the near fatality or the death was responded to properly;whether to recommend that a law, rule, policy, or procedure be changed; andwhether additional training is needed.

26B-1-506 - Fatality review committee report — Response to report.

26B-1-506(1) Within 20 days after the day on which the committee proceedings described in Section 26B-1-505 end, the committee shall submit:a written report to the executive director that includes:the advisory opinions made under Subsection 26B-1-505(6); andany recommendations regarding action that should be taken in relation to an employee of the department or a person who contracts with the department; anda copy of the report described in Subsection (1)(a) to:the director, or the director’s designee, of the office or division to which the near fatality or the death relates; andthe regional director, or the regional director’s designee, of the region to which the near fatality or the death relates. 26B-1-506(2) Within 60 days after the day on which the director described in Subsection (1)(b)(i) receives a copy of the report described in Subsection (1)(a), the department shall provide a written response, with only identifying information redacted, to the Office of Legislative Research and General Counsel, if the report:indicates that a law, rule, policy, or procedure was not complied with;indicates that the near fatality or the death was not responded to properly;recommends that a law, rule, policy, or procedure be changed; orindicates that additional training is needed. 26B-1-506(3) The response described in Subsection (2) shall include:a plan of action to implement any recommended improvements within the department; andthe approval of the executive director or the executive director’s designee for the plan described in Subsection (3)(a). 26B-1-506(4) A report described in Subsection (1) and the response described in Subsection (2) is a protected record. 26B-1-506(5) As used in this Subsection (5), “fatality review document” means any document created in connection with, or as a result of, a formal review of a near fatality or a death, or a decision whether to conduct a formal review of a near fatality or a death, including:a report described in Subsection (1);a response described in Subsection (2);a recommendation regarding whether a formal review should be conducted;a decision to conduct a formal review;notes of a person who participates in a formal review;notes of a person who reviews a formal review report;minutes of a formal review;minutes of a meeting where a formal review report is reviewed; andminutes of, documents received in relation to, and documents generated in relation to, the portion of a meeting of the Health and Human Services Interim Committee or the Child Welfare Legislative Oversight Panel that a formal review report or a document described in this Subsection (5)(a) is reviewed or discussed.A fatality review document is not subject to discovery, subpoena, or similar compulsory process in any civil, judicial, or administrative proceeding, nor shall any individual or organization with lawful access to the data be compelled to testify with regard to a report described in Subsection (1) or a response described in Subsection (2).The following are not admissible as evidence in a civil, judicial, or administrative proceeding:a fatality review document; andan executive summary described in Subsection 26B-1-507(4).

26B-1-507 - Reporting to, and review by, legislative committees.

26B-1-507(1) On or before September 1 of each year, the department shall provide, with only identifying information redacted, a copy of the report described in Subsection 26B-1-506(1)(b), and the response described in Subsection 26B-1-506(2) to the Office of Legislative Research and General Counsel and the chairs of:the Health and Human Services Interim Committee; orif the qualified individual who is the subject of the report is an individual described in Subsection 26B-1-501(7)(c), (d), or (h), the Child Welfare Legislative Oversight Panel. 26B-1-507(2) The Health and Human Services Interim Committee may, in a closed meeting, review a report described in Subsection 26B-1-506(1)(b).The Child Welfare Legislative Oversight Panel shall, in a closed meeting, review a report described in Subsection (1)(b). 26B-1-507(3) The Health and Human Services Interim Committee and the Child Welfare Legislative Oversight Panel may not interfere with, or make recommendations regarding, the resolution of a particular case.The purpose of a review described in Subsection (2) is to assist a committee or panel described in Subsection (2) in determining whether to recommend a change in the law.Any recommendation, described in Subsection (3)(b), by a committee or panel for a change in the law shall be made in an open meeting. 26B-1-507(4) On or before September 1 of each year, the department shall provide an executive summary of all formal review reports for the preceding state fiscal year to:the Office of Legislative Research and General Counsel;the Health and Human Services Interim Committee; andthe Child Welfare Legislative Oversight Panel. 26B-1-507(5) The executive summary described in Subsection (4):may not include any names or identifying information;shall include:all recommendations regarding changes to the law that were made during the preceding fiscal year under Subsection 26B-1-505(6);all changes made, or in the process of being made, to a law, rule, policy, or procedure in response to a formal review that occurred during the preceding fiscal year;a description of the training that has been completed in response to a formal review that occurred during the preceding fiscal year;statistics for the preceding fiscal year regarding:the number of qualified individuals and the type of deaths and near fatalities that are known to the department;the number of formal reviews conducted;the categories described in Subsection 26B-1-501(7) of qualified individuals;the gender, age, race, and other significant categories of qualified individuals; andthe number of fatalities of qualified individuals known to the department that are identified as suicides; andaction taken by the Division of Licensing and Background Checks in response to the near fatality or the death of a qualified individual; andis a public document. 26B-1-507(6) The Division of Child and Family Services shall, to the extent required by the federal Child Abuse Prevention and Treatment Act of 1988, Pub. L. No. 93-247, as amended, allow public disclosure of the findings or information relating to a case of child abuse or neglect that results in a child fatality or a near fatality.