Utah Code § 26B-1-318 — Utah Code / Title 26B / Chapter 26B-1 / § 26B-1-318
§ 26B-1-318. Brain and Spinal Cord Injury Fund.
Status: in_force

(1) As used in this section: (a) "Advisory committee" means the Brain and Spinal Cord Injury Advisory Committee created in Section 26B-1-417. (b) "Nervous system research" means research conducted by a qualified charitable clinic that is: (i) designed to improve, enhance, accelerate, or advance the clinical outcomes of: (A) an individual affected by a spinal cord injury, a brain injury, or a stroke; or (B) a child with a neurological condition or syndrome; (ii) approved by an institutional review board; and (iii) designed to be completed in a 12-month period. (c) "Qualified charitable clinic" means a professional medical clinic that: (i) provides therapeutic services; (ii) employs licensed therapy clinicians; (iii) has at least five years experience operating a post-acute care rehabilitation clinic in the state; and (iv) has obtained tax-exempt status under Internal Revenue Code, 26 U.S.C. Sec. 501(c)(3). (d) "Research grant" means a grant that can only be used for nervous system research. (e) (i) "Therapeutic services" means: (A) 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; or (B) rehabilitation services for children with neurological conditions and who require post-acute care. (ii) "Therapeutic services" include: (A) physical, occupational, and speech therapy; and (B) other 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. (2) There is created an expendable special revenue fund known as the "Brain and Spinal Cord Injury Fund." (3) The fund shall consist of: (a) gifts, grants, donations, or any other conveyance of money that may be made to the fund from private sources; and (b) additional amounts as appropriated by the Legislature; (c) a portion of the impound fee as designated in Section 41-6a-1406; and (d) the fees collected by the Motor Vehicle Division under Subsections 41-1a-1201(8) and 41-22-8(3). (4) The fund shall be administered by the executive director, in consultation with the advisory committee. (5) Fund money may be used to: (a) educate the general public and professionals regarding understanding, treatment, and prevention of brain injury; (b) 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; (c) develop and support an information and referral system for persons with a brain injury and their families; (d) provide grants to persons or organizations to provide the services described in Subsections (5)(a), (b), and (c); (e) assist one or more qualified charitable clinics to provide therapeutic services; (f) purchase equipment for use in the qualified charitable clinic; and (g) provide research grants to qualified charitable clinics in accordance with Subsection (7). (6) Each year, approximately no less than: (a) 40% of the fund shall be used for programs and services described in Subsections (5)(a) through (d); (b) 25% of the fund shall be used to assist adults with brain or spinal cord injuries under Subsections (5)(e) and (f); and (c) 10 % of the fund shall be used to assist children with neurological conditions under Subsections (5)(e) and (f). (7) (a) 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. (b) A qualified charitable clinic that accepts a research grant shall agree to the requirements in Subsection (7)(c) before receiving the grant. (c) A qualified charitable clinic that accepts a research grant: (i) shall report the results of the nervous system research to the advisory committee; (ii) shall provide the committee an itemized list of expenditures for research grant money; (iii) shall return any unspent research grant money to the fund; (iv) subject to Subsection (7)(c)(v), may collaborate with another entity for performing the nervous system research; (v) may not use research grant money to pay another entity to conduct the project; and (vi) may not use research grant money to pay for administrative costs not directly associated with the research project. (8) An individual who receives services either paid for from the fund, or through an organization under contract with the fund, shall: (a) be a resident of Utah; (b) 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; and (c) have a need that can be met within the requirements of this section. (9) The fund may not duplicate any services or support mechanisms being provided to an individual by any other government or private agency. (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.