53-21 - Mental Health Resources for First Responders

Title 53 > 53-21

Sections (5)

53-21-101 - Definitions.

As used in this chapter: 53-21-101(1) “Crime scene investigator technician” means an individual employed by a law enforcement agency to collect and analyze evidence from crime scenes and crime-related incidents. 53-21-101(2) “Designated mental health resources liaison” means a non-leadership human resources or other administrative employee designated by a first responder agency who receives and processes a request for mental health resources on behalf of the first responder agency under this chapter. 53-21-101(3) “First responder” means:a law enforcement officer, as defined in Section 53-13-103;an emergency medical technician, as defined in Section 53-2e-101;an advanced emergency medical technician, as defined in Section 53-2e-101;a paramedic, as defined in Section 53-2e-101;a firefighter, as defined in Section 34A-3-113;a dispatcher, as defined in Section 53-6-102;a correctional officer, as defined in Section 53-13-104;a special function officer, as defined in Section 53-13-105, employed by a local sheriff;a search and rescue worker under the supervision of a local sheriff;a forensic interviewer or victim advocate employed by a children’s justice center established in accordance with Section 67-5b-102;a credentialed criminal justice system victim advocate as defined in Section 77-38-403 who responds to incidents with a law enforcement officer;a crime scene investigator technician;a wildland firefighter;an investigator or prosecutor of cases involving sexual crimes against children; ora civilian employee of a first responder agency who has been authorized to view or otherwise access information concerning crimes, accidents, or other traumatic events. 53-21-101(4) “First responder agency” means:a special district, municipality, interlocal entity, or other political subdivision that employs a first responder to provide fire protection, paramedic, law enforcement, or emergency services; ora certified private law enforcement agency as defined in Section 53-19-102. 53-21-101(5) “Mental health resources” means:an assessment to determine appropriate mental health treatment that is performed by a mental health therapist;outpatient mental health treatment provided by a mental health therapist; orpeer support services provided by a peer support specialist who is qualified to provide peer support services under Subsection 26B-5-102(2)(gg).”Mental health resources” includes, at a minimum, the following services:regular periodic screenings for all employees within the first responder agency;assessments and availability to mental health services for personnel directly involved in a critical incident within 48 hours of the incident; andregular and continuing access to the mental health program for:spouses and children of first responders;first responders who have retired or separated from the agency; andspouses of first responders who have retired or separated from the agency. 53-21-101(6) “Mental health therapist” means the same as that term is defined in Section 58-60-102. 53-21-101(7) “Plan” means a plan to implement or expand a program that provides mental health resources to first responders for which the division awards a grant under this chapter. 53-21-101(8) “Retired” means the status of an individual who has become eligible, applies for, and may receive an allowance under Title 49, Utah State Retirement and Insurance Benefit Act. 53-21-101(9) “Separated” means the status of an individual who has separated from employment as a first responder from a first responder agency as a result of a critical incident involving the first responder. 53-21-101(10) “Small first responder agency” means a first responder agency that:has 10 or fewer employees;is primarily staffed by volunteers; oris located in:a county of the third, fourth, fifth, or sixth class;a city of the third, fourth, fifth, or sixth class; ora town.

53-21-102 - Mental health services — Requirement to provide — Eligibility — Confidentiality — Requests — Reporting noncompliance — Designation.

53-21-102(1) Every first responder agency within the state shall provide or make available mental health resources to:all first responders;the spouse and children of first responders;surviving spouses of first responders whose death is classified as a line-of-duty death under Title 49, Utah State Retirement and Insurance Benefit Act;retired or separated first responders for at least three years from the date that the retired or separated first responder requests mental health resources, regardless of any subsequent employment as a non-first responder; andspouses of retired or separated first responders for at least three years from the date that the spouse of the retired or separated first responder requests mental health resources, regardless of any subsequent employment as a non-first responder. 53-21-102(2) All access by first responders and their families to mental health resources shall be kept confidential. 53-21-102(3) A first responder agency shall:annually provide information to all employed first responders regarding:the availability of mental health resources under this section, including:for individuals in addition to the first responders as described in Subsection (1); andsubsequent to a separation or retirement;how to access the mental health resources under this section; anddirections on how to appeal a denial of mental health resources under this section to the department, as provided under Section 53-21-104.3; andassign a designated mental health resources liaison;inform the department of the identity of the designated mental health resources liaison; andupdate the department as to the identity of the designated mental health resources liaison when a new individual is assigned.

53-21-103 - Grants to first responder agencies — Rulemaking.

53-21-103(1) The department may award grants to first responder agencies to provide mental health resources in response to a:request for proposal;request for qualifications; orprogram description that meets the criteria in Subsection (2). 53-21-103(2) The request for proposal, request for qualifications, or program description received by the department shall require mental health providers contracted or employed by the first responder agency to have training and experience in working with first responders and provide mental health resources. 53-21-103(3) An application from a first responder agency for a grant under this chapter shall provide the following details:a proposed plan to provide mental health resources to first responders in the first responder agency;the number of first responders to be served by the proposed plan;how the proposed plan will ensure timely and effective provision of mental health resources to first responders in the first responder agency;the cost of the proposed plan; andthe sustainability of the proposed plan. 53-21-103(4) In evaluating a project proposal for a grant under this section, the department shall consider:the extent to which the first responders that will be served by the proposed plan are likely to benefit from the proposed plan;the cost of the proposed plan; andthe viability of the proposed plan. 53-21-103(5) A first responder agency may not apply for a grant to fund a program already in place. However, a request for proposal to fund an expansion of an already existing program shall, in addition to the requirements of Subsection (4), provide:the scope and cost of the agency’s current program;the number of additional first responders the expansion will serve; andwhether the expansion will provide mental health resources that the current program does not provide. 53-21-103(6) The department shall prioritize grant funding for small first responder agencies, and may also take into account whether the small first responder agency is or will participate in the department-provided services described in Section 53-21-104.1. 53-21-103(7) The department may adopt rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to administer this chapter. 53-21-103(8) The department shall:notify entities that may be eligible for a grant under this section about the grant program; andon or before October 1, 2024, and October 1, 2025, provide a report to the Law Enforcement and Criminal Justice Interim Committee that describes:the number of entities that have been notified by the department about the grant program under this section; andthe number of grant applications that the department has received. 53-21-103(9) The department may assist a first responder agency in drafting a grant application under this section. 53-21-103(10) The department may use up to 25% of the remaining grant funds under this section to provide the mental health resources described in Section 53-21-104.1.

53-21-104.1 - Department may provide certain mental health resources — Requirements.

53-21-104.1(1) In accordance with Subsection (4), the department may, at the department’s discretion, provide certain mental health resources to a small first responder agency.The mental health resources described in Subsection (1)(a) may include an assessment and availability to mental health services for personnel directly involved in a critical incident within 48 hours of the incident. 53-21-104.1(2) The department may use a contracted provider to provide the services described in Subsection (1). 53-21-104.1(3) If a small first responder agency elects to receive mental health services as provided under this section, the small first responder agency shall designate a representative of the small first responder agency who is responsible for providing a timely notification to the department or the department’s designee if a critical incident occurs as described in Subsection (1)(b). 53-21-104.1(4) As provided in Subsection 53-21-103(10), the department may use up to 25% of the remaining grant funds for the mental health resources described in this section, and may discontinue the mental health resources once the available grant funding is depleted.

53-21-104.3 - Education — Complaints — Investigations.

53-21-104.3(1) On or before September 1, 2024, the department shall inform all first responder agencies in the state of the requirements described in Section 53-21-102. 53-21-104.3(2) In addition to the notification required under Subsection (1), the department shall, on the department’s website, provide information describing:an individual’s eligibility for mental health resources under Section 53-21-102;the statutory definition for mental health resources provided in Section 53-21-101;the designated mental health resources liaison for each first responder agency as described in Subsection 53-21-102(3)(b); andhow to appeal a denial of mental health resources to the department. 53-21-104.3(3) The department shall investigate a denial of mental health resources that is received under Subsection (2)(d) to determine whether the denial was in violation of this chapter.If, after an investigation, the department determines that a first responder agency improperly denied mental health resources in violation of this chapter, the department shall notify the first responder agency and provide 60 days for the first responder agency to correct the improper denial.The department shall determine whether a first responder agency has cured the violation within the time described in Subsection (3)(b) and, if the first responder agency has not, the department shall send a letter within a reasonable time identifying the first responder agency and the relevant details of the department’s investigation to:the commissioner;the chairs of the Law Enforcement and Criminal Justice Interim Committee; andthe director of the State Commission on Criminal and Juvenile Justice, who shall refer the matter for investigation under Section 63M-7-204 and may restrict state grant money under Section 63M-7-218.