UT Code § 62A-15-103 (2021)
2021 Utah Code|Title 62A - Utah Human Services Code|Chapter 15 - Substance Abuse and Mental Health Act|Part 1 - Division of Substance Abuse and Mental Health|Section 103 - Division -- Creation -- Responsibilities.

 Effective 5/5/2021  62A-15-103. Division -- Creation -- Responsibilities.    (1)   (a) There is created the Division of Substance Abuse and Mental Health within the department, under the administration and general supervision of the executive director.     (b) The division is the substance abuse authority and the mental health authority for this state.       (2) The division shall:   (a)   (i) educate the general public regarding the nature and consequences of substance abuse by promoting school and community-based prevention programs;     (ii) render support and assistance to public schools through approved school-based substance abuse education programs aimed at prevention of substance abuse;     (iii) promote or establish programs for the prevention of substance abuse within the community setting through community-based prevention programs;     (iv) cooperate with and assist treatment centers, recovery residences, and other organizations that provide services to individuals recovering from a substance abuse disorder, by identifying and disseminating information about effective practices and programs;     (v) except as provided in Section 62A-15-103.5, make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to develop, in collaboration with public and private programs, minimum standards for public and private providers of substance abuse and mental health programs licensed by the department under Title 62A, Chapter 2, Licensure of Programs and Facilities;     (vi) promote integrated programs that address an individual's substance abuse, mental health, physical health, and criminal risk factors;     (vii) establish and promote an evidence-based continuum of screening, assessment, prevention, treatment, and recovery support services in the community for individuals with substance use disorder and mental illness that addresses criminal risk factors;     (viii) evaluate the effectiveness of programs described in this Subsection (2);     (ix) consider the impact of the programs described in this Subsection (2) on:   (A) emergency department utilization;     (B) jail and prison populations;     (C) the homeless population; and     (D) the child welfare system; and       (x) promote or establish programs for education and certification of instructors to educate individuals convicted of driving under the influence of alcohol or drugs or driving with any measurable controlled substance in the body;       (b)   (i) collect and disseminate information pertaining to mental health;     (ii) provide direction over the state hospital including approval of the state hospital's budget, administrative policy, and coordination of services with local service plans;     (iii) make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to educate families concerning mental illness and promote family involvement, when appropriate, and with patient consent, in the treatment program of a family member; and     (iv) make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to direct that an individual receiving services through a local mental health authority or the Utah State Hospital be informed about and, if desired by the individual, provided assistance in the completion of a declaration for mental health treatment in accordance with Section 62A-15-1002;       (c)   (i) consult and coordinate with local substance abuse authorities and local mental health authorities regarding programs and services;     (ii) provide consultation and other assistance to public and private agencies and groups working on substance abuse and mental health issues;     (iii) promote and establish cooperative relationships with courts, hospitals, clinics, medical and social agencies, public health authorities, law enforcement agencies, education and research organizations, and other related groups;     (iv) promote or conduct research on substance abuse and mental health issues, and submit to the governor and the Legislature recommendations for changes in policy and legislation;     (v) receive, distribute, and provide direction over public funds for substance abuse and mental health services;     (vi) monitor and evaluate programs provided by local substance abuse authorities and local mental health authorities;     (vii) examine expenditures of local, state, and federal funds;     (viii) monitor the expenditure of public funds by:   (A) local substance abuse authorities;     (B) local mental health authorities; and     (C) in counties where they exist, a private contract provider that has an annual or otherwise ongoing contract to provide comprehensive substance abuse or mental health programs or services for the local substance abuse authority or local mental health authority;       (ix) contract with local substance abuse authorities and local mental health authorities to provide a comprehensive continuum of services that include community-based services for individuals involved in the criminal justice system, in accordance with division policy, contract provisions, and the local plan;     (x) contract with private and public entities for special statewide or nonclinical services, or services for individuals involved in the criminal justice system, according to division rules;     (xi) review and approve each local substance abuse authority's plan and each local mental health authority's plan in order to ensure:   (A) a statewide comprehensive continuum of substance abuse services;     (B) a statewide comprehensive continuum of mental health services;     (C) services result in improved overall health and functioning;     (D) a statewide comprehensive continuum of community-based services designed to reduce criminal risk factors for individuals who are determined to have substance abuse or mental illness conditions or both, and who are involved in the criminal justice system;     (E) compliance, where appropriate, with the certification requirements in Subsection (2)(j); and     (F) appropriate expenditure of public funds;       (xii) review and make recommendations regarding each local substance abuse authority's contract with the local substance abuse authority's provider of substance abuse programs and services and each local mental health authority's contract with the local mental health authority's provider of mental health programs and services to ensure compliance with state and federal law and policy;     (xiii) monitor and ensure compliance with division rules and contract requirements; and     (xiv) withhold funds from local substance abuse authorities, local mental health authorities, and public and private providers for contract noncompliance, failure to comply with division directives regarding the use of public funds, or for misuse of public funds or money;       (d) ensure that the requirements of this part are met and applied uniformly by local substance abuse authorities and local mental health authorities across the state;     (e) require each local substance abuse authority and each local mental health authority, in accordance with Subsections 17-43-201(5)(b) and 17-43-301(6)(a)(ii), to submit a plan to the division on or before May 15 of each year;     (f) conduct an annual program audit and review of each local substance abuse authority and each local substance abuse authority's contract provider, and each local mental health authority and each local mental health authority's contract provider, including:   (i) a review and determination regarding whether:   (A) public funds allocated to the local substance abuse authority or the local mental health authorities are consistent with services rendered by the authority or the authority's contract provider, and with outcomes reported by the authority's contract provider; and     (B) each local substance abuse authority and each local mental health authority is exercising sufficient oversight and control over public funds allocated for substance use disorder and mental health programs and services; and       (ii) items determined by the division to be necessary and appropriate;       (g) define "prevention" by rule as required under Title 32B, Chapter 2, Part 4, Alcoholic Beverage and Substance Abuse Enforcement and Treatment Restricted Account Act;     (h)   (i) train and certify an adult as a peer support specialist, qualified to provide peer supports services to an individual with:   (A) a substance use disorder;     (B) a mental health disorder; or     (C) a substance use disorder and a mental health disorder;       (ii) certify a person to carry out, as needed, the division's duty to train and certify an adult as a peer support specialist;     (iii) make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, that:   (A) establish training and certification requirements for a peer support specialist;     (B) specify the types of services a peer support specialist is qualified to provide;     (C) specify the type of supervision under which a peer support specialist is required to operate; and     (D) specify continuing education and other requirements for maintaining or renewing certification as a peer support specialist; and       (iv) make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, that:   (A) establish the requirements for a person to be certified to carry out, as needed, the division's duty to train and certify an adult as a peer support specialist; and     (B) specify how the division shall provide oversight of a person certified to train and certify a peer support specialist;         (i) except as provided in Section 62A-15-103.5, establish by rule, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, minimum standards and requirements for the provision of substance use disorder and mental health treatment to an individual who is incarcerated or who is required to participate in treatment by a court or by the Board of Pardons and Parole, including:   (i) collaboration with the Department of Corrections and the Utah Substance Use and Mental Health Advisory Council to develop and coordinate the standards, including standards for county and state programs serving individuals convicted of class A and class B misdemeanors;     (ii) determining that the standards ensure available treatment, including the most current practices and procedures demonstrated by recognized scientific research to reduce recidivism, including focus on the individual's criminal risk factors; and     (iii) requiring that all public and private treatment programs meet the standards established under this Subsection (2)(i) in order to receive public funds allocated to the division, the Department of Corrections, or the Commission on Criminal and Juvenile Justice for the costs of providing screening, assessment, prevention, treatment, and recovery support;       (j) except as provided in Section 62A-15-103.5, establish by rule, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the requirements and procedures for the certification of licensed public and private providers, including individuals licensed by the Division of Occupational and Professional Licensing, programs licensed by the department, and health care facilities licensed by the Department of Health, who provide, as part of their practice, substance use disorder and mental health treatment to an individual involved in the criminal justice system, including:   (i) collaboration with the Department of Corrections, the Utah Substance Use and Mental Health Advisory Council, and the Utah Association of Counties to develop, coordinate, and implement the certification process;     (ii) basing the certification process on the standards developed under Subsection (2)(i) for the treatment of an individual involved in the criminal justice system; and     (iii) the requirement that a public or private provider of treatment to an individual involved in the criminal justice system shall obtain certification on or before July 1, 2016, and shall renew the certification every two years, in order to qualify for funds allocated to the division, the Department of Corrections, or the Commission on Criminal and Juvenile Justice on or after July 1, 2016;       (k) collaborate with the Commission on Criminal and Juvenile Justice to analyze and provide recommendations to the Legislature regarding:   (i) pretrial services and the resources needed to reduce recidivism;     (ii) county jail and county behavioral health early-assessment resources needed for an offender convicted of a class A or class B misdemeanor; and     (iii) the replacement of federal dollars associated with drug interdiction law enforcement task forces that are reduced;       (l)   (i) establish performance goals and outcome measurements for all treatment programs for which minimum standards are established under Subsection (2)(i), including recidivism data and data regarding cost savings associated with recidivism reduction and the reduction in the number of inmates, that are obtained in collaboration with the Administrative Office of the Courts and the Department of Corrections; and     (ii) collect data to track and determine whether the goals and measurements are being attained and make this information available to the public;       (m) in the division's discretion, use the data to make decisions regarding the use of funds allocated to the division, the Administrative Office of the Courts, and the Department of Corrections to provide treatment for which standards are established under Subsection (2)(i);     (n) annually, on or before August 31, submit the data collected under Subsection (2)(k) to the Commission on Criminal and Juvenile Justice, which shall compile a report of findings based on the data and provide the report to the Judiciary Interim Committee, the Health and Human Services Interim Committee, the Law Enforcement and Criminal Justice Interim Committee, and the related appropriations subcommittees; and     (o) consult and coordinate with the Department of Health and the Division of Child and Family Services to develop and manage the operation of a program designed to reduce substance abuse during pregnancy and by parents of a newborn child that includes:   (i) providing education and resources to health care providers and individuals in the state regarding prevention of substance abuse during pregnancy;     (ii) providing training to health care providers in the state regarding screening of a pregnant woman or pregnant minor to identify a substance abuse disorder; and     (iii) providing referrals to pregnant women, pregnant minors, or parents of a newborn child in need of substance abuse treatment services to a facility that has the capacity to provide the treatment services.         (3) In addition to the responsibilities described in Subsection (2), the division shall, within funds appropriated by the Legislature for this purpose, implement and manage the operation of a firearm safety and suicide prevention program, in consultation with the Bureau of Criminal Identification created in Section 53-10-201, including:   (a) coordinating with the Department of Health, local mental health and substance abuse authorities, a nonprofit behavioral health advocacy group, and a representative from a Utah-based nonprofit organization with expertise in the field of firearm use and safety that represents firearm owners, to:   (i) produce and periodically review and update a firearm safety brochure and other educational materials with information about the safe handling and use of firearms that includes:   (A) information on safe handling, storage, and use of firearms in a home environment;     (B) information about at-risk individuals and individuals who are legally prohibited from possessing firearms;     (C) information about suicide prevention awareness; and     (D) information about the availability of firearm safety packets;       (ii) procure cable-style gun locks for distribution under this section;     (iii) produce a firearm safety packet that includes the firearm safety brochure and the cable-style gun lock described in this Subsection (3); and     (iv) create a suicide prevention education course that:   (A) provides information for distribution regarding firearm safety education;     (B) incorporates current information on how to recognize suicidal behaviors and identify individuals who may be suicidal; and     (C) provides information regarding crisis intervention resources;         (b) distributing, free of charge, the firearm safety packet to the following persons, who shall make the firearm safety packet available free of charge:   (i) health care providers, including emergency rooms;     (ii) mobile crisis outreach teams;     (iii) mental health practitioners;     (iv) other public health suicide prevention organizations;     (v) entities that teach firearm safety courses;     (vi) school districts for use in the seminar, described in Section 53G-9-702, for parents of students in the school district; and     (vii) firearm dealers to be distributed in accordance with Section 76-10-526;       (c) creating and administering a rebate program that includes a rebate that offers between $10 and $200 off the purchase price of a firearm safe from a participating firearms dealer or a person engaged in the business of selling firearm safes in Utah, by a Utah resident;     (d) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, making rules that establish procedures for:   (i) producing and distributing the suicide prevention education course and the firearm safety brochures and packets;     (ii) procuring the cable-style gun locks for distribution; and     (iii) administering the rebate program; and       (e) reporting to the Health and Human Services Interim Committee regarding implementation and success of the firearm safety program and suicide prevention education course at or before the November meeting each year.       (4)   (a) The division may refuse to contract with and may pursue legal remedies against any local substance abuse authority or local mental health authority that fails, or has failed, to expend public funds in accordance with state law, division policy, contract provisions, or directives issued in accordance with state law.     (b) The division may withhold funds from a local substance abuse authority or local mental health authority if the authority's contract provider of substance abuse or mental health programs or services fails to comply with state and federal law or policy.       (5)   (a) Before reissuing or renewing a contract with any local substance abuse authority or local mental health authority, the division shall review and determine whether the local substance abuse authority or local mental health authority is complying with the oversight and management responsibilities described in Sections 17-43-201, 17-43-203, 17-43-303, and 17-43-309.     (b) Nothing in this Subsection (5) may be used as a defense to the responsibility and liability described in Section 17-43-303 and to the responsibility and liability described in Section 17-43-203.       (6) In carrying out the division's duties and responsibilities, the division may not duplicate treatment or educational facilities that exist in other divisions or departments of the state, but shall work in conjunction with those divisions and departments in rendering the treatment or educational services that those divisions and departments are competent and able to provide.     (7) The division may accept in the name of and on behalf of the state donations, gifts, devises, or bequests of real or personal property or services to be used as specified by the donor.     (8) The division shall annually review with each local substance abuse authority and each local mental health authority the authority's statutory and contract responsibilities regarding:   (a) use of public funds;     (b) oversight of public funds; and     (c) governance of substance use disorder and mental health programs and services.       (9) The Legislature may refuse to appropriate funds to the division upon the division's failure to comply with the provisions of this part.     (10) If a local substance abuse authority contacts the division under Subsection 17-43-201(10) for assistance in providing treatment services to a pregnant woman or pregnant minor, the division shall:   (a) refer the pregnant woman or pregnant minor to a treatment facility that has the capacity to provide the treatment services; or     (b) otherwise ensure that treatment services are made available to the pregnant woman or pregnant minor.       (11) The division shall employ a school-based mental health specialist to be housed at the State Board of Education who shall work with the State Board of Education to:   (a) provide coordination between a local education agency and local mental health authority;     (b) recommend evidence-based and evidence informed mental health screenings and intervention assessments for a local education agency; and     (c) coordinate with the local community, including local departments of health, to enhance and expand mental health related resources for a local education agency.      Amended by Chapter 231, 2021 General SessionAmended by Chapter 277, 2021 General Session