reglab/statecodes huggingface dataset:
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 4 - Health Care - Delivery and Access › Part 1 - Utah Emergency Medical Services System › Section 154 - Ground ambulance and paramedic licenses -- Agency notice of approval.

Effective 5/3/2023
Superseded 7/1/2024
26B-4-154.
Ground ambulance and paramedic licenses -- Agency notice of approval.
(1) Beginning January 1, 2004, if the department determines that the application meets the minimum requirements for licensure under Section 26B-4-153, the department shall issue a notice of the approved application to the applicant.
(2) A current license holder responding to a request for proposal under Section 26B-4-156 is considered an approved applicant for purposes of Section 26B-4-156 if the current license holder, prior to responding to the request for proposal, submits the following to the department:
(a) the information described in Subsections 26B-4-153(4)(a)(i) through (iii); and
(b)
(i) if the license holder is a private entity, a financial statement, a pro forma budget and necessary letters of credit demonstrating a financial ability to expand service to a new service area; or
(ii) if the license holder is a governmental entity, a letter from the governmental entity's governing body demonstrating the governing body's willingness to financially support the application.
Renumbered and Amended by Chapter 307, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 4 - Health Care - Delivery and Access › Part 1 - Utah Emergency Medical Services System › Section 160 - Ground ambulance and paramedic licenses -- Parties.

Effective 5/3/2023
Superseded 7/1/2024
26B-4-160.
Ground ambulance and paramedic licenses -- Parties.
(1) When an applicant approved under Section 26B-4-153 seeks licensure under the provisions of Sections 26B-4-160 through 26B-4-163, the department shall:
(a) issue a notice of agency action to the applicant to commence an informal administrative proceeding;
(b) provide notice of the application to all interested parties; and
(c) publish notice of the application, at the applicant's expense:
(i) once a week for four consecutive weeks, in a newspaper of general circulation in the geographic service area that is the subject of the application; and
(ii) in accordance with Section 45-1-101 for four weeks.
(2) An interested party has 30 days to object to an application.
(3) If an interested party objects, the presiding officer shall join the interested party as an indispensable party to the proceeding.
(4) The department may join the proceeding as a party to represent the public interest.
(5) Others who may be affected by the grant of a license to the applicant may join the proceeding, if the presiding officer determines that they meet the requirement of legal standing.
Renumbered and Amended by Chapter 307, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 4 - Health Care - Delivery and Access › Part 1 - Utah Emergency Medical Services System › Section 161 - Ground ambulance and paramedic licenses -- Proceedings.

Effective 5/3/2023
Superseded 7/1/2024
26B-4-161.
Ground ambulance and paramedic licenses -- Proceedings.
(1) The presiding officer shall:
(a) commence an informal adjudicative proceeding within 120 days of receiving a completed application;
(b) meet with the applicant and objecting interested parties and provide no less than 120 days for a negotiated resolution, consistent with the criteria in Section 26B-4-162;
(c) set aside a separate time during the proceedings to accept public comment on the application; and
(d) present a written decision to the executive director if a resolution has been reached that satisfies the criteria in Section 26B-4-162.
(2) At any time during an informal adjudicative proceeding under Subsection (1), any party may request conversion of the informal adjudicative proceeding to a formal adjudicative proceeding in accordance with Section 63G-4-202.
(3) Upon conversion to a formal adjudicative proceeding, a hearing officer shall be assigned to the application as provided in Section 26B-4-163. The hearing office shall:
(a) set aside a separate time during the proceedings to accept public comment on the application;
(b) apply the criteria established in Section 26B-4-162; and
(c) present a recommended decision to the executive director in writing.
(4) The executive director may, as set forth in a final written order, accept, modify, reject, or remand the decision of a presiding or hearing officer after:
(a) reviewing the record;
(b) giving due deference to the officer's decision; and
(c) determining whether the criteria in Section 26B-4-162 have been satisfied.
Renumbered and Amended by Chapter 307, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 4 - Health Care - Delivery and Access › Part 1 - Utah Emergency Medical Services System › Section 163 - Ground ambulance and paramedic licenses -- Hearing and presiding officers.

Effective 5/3/2023
Superseded 7/1/2024
26B-4-163.
Ground ambulance and paramedic licenses -- Hearing and presiding officers.
(1) The department shall set training standards for hearing officers and presiding officers.
(2) At a minimum, a presiding officer shall:
(a) be familiar with the theory and application of public convenience and necessity; and
(b) have a working knowledge of the emergency medical service system in the state.
(3) In addition to the requirements in Subsection (2), a hearing officer shall also be licensed to practice law in the state.
(4) The department shall provide training for hearing officer and presiding officer candidates in the theory and application of public convenience and necessity and on the emergency medical system in the state.
(5) The department shall maintain a roster of no less than five individuals who meet the minimum qualifications for both presiding and hearing officers and the standards set by the department.
(6) The parties may mutually select an officer from the roster if the officer is available.
(7) If the parties cannot agree upon an officer under Subsection (4), the department shall randomly select an officer from the roster or from a smaller group of the roster agreed upon by the applicant and the objecting interested parties.
Renumbered and Amended by Chapter 307, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 4 - Health Care - Delivery and Access › Part 1 - Utah Emergency Medical Services System › Section 164 - Local approvals.

Effective 5/3/2023
Superseded 7/1/2024
26B-4-164.
Local approvals.
(1) Licensed ambulance providers and paramedic providers shall meet all local zoning and business licensing standards generally applicable to businesses operating within the jurisdiction.
(2) Publicly subsidized providers shall demonstrate approval of the taxing authority that will provide the subsidy.
(3) A publicly operated service shall demonstrate that the governing body has approved the provision of services to the entire exclusive geographic service area that is the subject of the license, including those areas that may lie outside the territorial or jurisdictional boundaries of the governing body.
Renumbered and Amended by Chapter 307, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 4 - Health Care - Delivery and Access › Part 1 - Utah Emergency Medical Services System › Section 165 - Limitation on repetitive applications.

Effective 5/3/2023
Superseded 7/1/2024
26B-4-165.
Limitation on repetitive applications.
A person who has previously applied for a license under Sections 26B-4-160 through 26B-4-163 may not apply for a license for the same service that covers any exclusive geographic service area that was the subject of the prior application unless:
(1) one year has passed from the date of the issuance of a final decision under Section 26B-4-161; or
(2) all interested parties and the department agree that a new application is in the public interest.
Renumbered and Amended by Chapter 307, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 4 - Health Care - Delivery and Access › Part 1 - Utah Emergency Medical Services System › Section 166 - License for air ambulance providers.

Effective 5/3/2023
Superseded 7/1/2024
26B-4-166.
License for air ambulance providers.
(1) An applicant for an air ambulance provider shall apply to the department for a license only by:
(a) submitting a complete application;
(b) providing information in the format required by the department; and
(c) paying the required fees.
(2) The department may make rules establishing minimum qualifications and requirements for:
(a) personnel;
(b) capital reserves;
(c) equipment;
(d) business plan;
(e) operational procedures;
(f) resource hospital and medical direction agreements;
(g) management and control qualifications and requirements; and
(h) other matters that may be relevant to an applicant's ability to provide air ambulance services.
(3) Upon receiving a completed application and the required fees, the department shall review the application and determine whether the application meets the minimum requirements for licensure.
(4) The department may deny an application for an air ambulance if:
(a) the department finds that the application contains any materially false or misleading information or is incomplete;
(b) the application demonstrates that the applicant fails to meet the minimum requirements for licensure; or
(c) the department finds after inspection that the applicant does not meet the minimum requirements for licensure.
(5) If the department denies an application under this section, it shall notify the applicant in writing setting forth the grounds for the denial.
Renumbered and Amended by Chapter 307, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 4 - Health Care - Delivery and Access › Part 1 - Utah Emergency Medical Services System › Section 167 - License renewals.

Effective 5/3/2023
Superseded 7/1/2024
26B-4-167.
License renewals.
(1) A licensed provider desiring to renew its license shall meet the renewal requirements established by department rule.
(2) The department shall issue a renewal license for a ground ambulance provider or a paramedic provider upon the licensee's application for a renewal and without a public hearing if:
(a) the applicant was licensed under the provisions of Sections 26B-4-160 through 26B-4-163; and
(b) there has been:
(i) no change in controlling interest in the ownership of the licensee as defined in Section 26B-4-169;
(ii) no serious, substantiated public complaints filed with the department against the licensee during the term of the previous license;
(iii) no material or substantial change in the basis upon which the license was originally granted;
(iv) no reasoned objection from the committee or the department; and
(v) no change to the license type.
(3)
(a)
(i) The provisions of this Subsection (3) apply to a provider licensed under the provisions of Sections 26B-4-155 and 26B-4-156.
(ii) A provider may renew its license if the provisions of Subsections (1) and (2) and this Subsection (3) are met.
(b)
(i) The department shall issue a renewal license to a provider upon the provider's application for renewal for one additional four-year term if the political subdivision certifies to the department that the provider has met all of the specifications of the original bid.
(ii) If the political subdivision does not certify to the department that the provider has met all of the specifications of the original bid, the department may not issue a renewal license and the political subdivision shall enter into a public bid process under Sections 26B-4-155 and 26B-4-156.
(c)
(i) The department shall issue an additional renewal license to a provider who has already been issued a one-time renewal license under the provisions of Subsection (3)(b)(i) if the department and the political subdivision do not receive, prior to the expiration of the provider's license, written notice from an approved applicant informing the political subdivision of the approved applicant's desire to submit a bid for ambulance or paramedic service.
(ii) If the department and the political subdivision receive the notice in accordance with Subsection (3)(c)(i), the department may not issue a renewal license and the political subdivision shall enter into a public bid process under Sections 26B-4-155 and 26B-4-156.
(4) The department shall issue a renewal license for an air ambulance provider upon the licensee's application for renewal and completion of the renewal requirements established by department rule.
Renumbered and Amended by Chapter 307, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 4 - Health Care - Delivery and Access › Part 1 - Utah Emergency Medical Services System › Section 169 - Changes in ownership.

Effective 5/3/2023
Superseded 7/1/2024
26B-4-169.
Changes in ownership.
(1) A licensed provider whose ownership or controlling ownership interest has changed shall submit information to the department, as required by department rule:
(a) to establish whether the new owner or new controlling party meets minimum requirements for licensure; and
(b) except as provided in Subsection (2), to commence an administrative proceeding to determine whether the new owner meets the requirement of public convenience and necessity under Section 26B-4-162.
(2) An administrative proceeding is not required under Subsection (1)(b) if:
(a) the change in ownership interest is among existing owners of a closely held corporation and the change does not result in a change in the management of the licensee or in the name of the licensee;
(b) the change in ownership in a closely held corporation results in the introduction of new owners, provided that:
(i) the new owners are limited to individuals who would be entitled to the equity in the closely held corporation by the laws of intestate succession had the transferor died intestate at the time of the transfer;
(ii) the majority owners on January 1, 1999, have been disclosed to the department by October 1, 1999, and the majority owners on January 1, 1999, retain a majority interest in the closely held corporation; and
(iii) the name of the licensed provider remains the same;
(c) the change in ownership is the result of one or more owners transferring their interests to a trust, limited liability company, partnership, or closely held corporation so long as the transferors retain control over the receiving entity;
(d) the change in ownership is the result of a distribution of an estate or a trust upon the death of the testator or the trustor and the recipients are limited to individuals who would be entitled to the interest by the laws of intestate succession had the transferor died intestate at the time of the transfer; or
(e) other similar changes that the department establishes, by rule, as having no significant impact on the cost, quality, or access to emergency medical services.
Renumbered and Amended by Chapter 307, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 4 - Health Care - Delivery and Access › Part 1 - Utah Emergency Medical Services System › Section 170 - Overlapping licenses.

Effective 5/3/2023
Superseded 7/1/2024
26B-4-170.
Overlapping licenses.
(1) As used in this section:
(a) "Overlap" means two ground ambulance interfacility transport providers that are licensed at the same level of service in all or part of a single geographic service area.
(b) "Overlay" means two ground ambulance interfacility transport providers that are licensed at a different level of service in all or part of a single geographic service area.
(2) Notwithstanding the exclusive geographic service requirement of Section 26B-4-151, the department shall recognize overlap and overlay ground ambulance interfacility transport licenses that existed on or before May 4, 2022.
(3) The department may, without an adjudicative proceeding but with at least 30 days notice to providers in the same geographic service area, amend an existing overlay ground ambulance interfacility transport license solely to convert an overlay into an overlap if the existing ground ambulance interfacility transport licensed provider meets the requirements described in Subsection 26B-4-153(4).
(4) An amendment of a license under this section may not alter:
(a) other terms of the original license, including the applicable geographic service area; or
(b) the license of other providers that provide interfacility transport services in the geographic service area.
(5) Notwithstanding Subsection (2), any license for an overlap area terminates upon:
(a) relinquishment by the provider; or
(b) revocation by the department.
Renumbered and Amended by Chapter 307, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 4 - Health Care - Delivery and Access › Part 2 - Cannabinoid Research and Medical Cannabis › Section 208 - No insurance requirement.

Effective 5/3/2023
26B-4-208.
No insurance requirement.
Nothing in this part requires an insurer, a third-party administrator, or an employer to pay or reimburse for cannabis, a cannabis product, or a medical cannabis device.
Renumbered and Amended by Chapter 307, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 4 - Health Care - Delivery and Access › Part 2 - Cannabinoid Research and Medical Cannabis › Section 209 - No effect on use of hemp extract -- Cannabidiol -- Approved drugs.

Effective 5/3/2023
26B-4-209.
No effect on use of hemp extract -- Cannabidiol -- Approved drugs.
(1) Nothing in this part prohibits an individual from purchasing, selling, possessing, or using a cannabinoid product in accordance with Section 4-41-402.
(2) Nothing in this part restricts or otherwise affects the prescription, distribution, or dispensing of a product that the United States Food and Drug Administration has approved.
Renumbered and Amended by Chapter 307, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 4 - Health Care - Delivery and Access › Part 2 - Cannabinoid Research and Medical Cannabis › Section 210 - Severability clause.

Effective 5/3/2023
26B-4-210.
Severability clause.
(1) If any provision of this title or Laws of Utah 2018, Third Special Session, Chapter 1 or the application of any provision of this title or Laws of Utah 2018, Third Special Session, Chapter 1 to any person or circumstance is held invalid by a final decision of a court of competent jurisdiction, the remaining provisions of this title and Laws of Utah 2018, Third Special Session, Chapter 1 remain effective without the invalidated provision or application.
(2) The provisions of this title and Laws of Utah 2018, Third Special Session, Chapter 1 are severable.
Renumbered and Amended by Chapter 307, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 4 - Health Care - Delivery and Access › Part 2 - Cannabinoid Research and Medical Cannabis › Section 211 - Analogous to prescribed controlled substances.

Effective 5/3/2023
26B-4-211.
Analogous to prescribed controlled substances.
When an employee, officer, or agent of the state or a political subdivision makes a finding, determination, or otherwise considers an individual's possession or use of cannabis, a cannabis product, or a medical cannabis device, the employee, officer, or agent may not consider the individual's possession or use any differently than the lawful possession or use of any prescribed controlled substance, if the individual's possession or use complies with:
(1) this part;
(2)Title 4, Chapter 41a, Cannabis Production Establishments and Pharmacies; or
(3) Subsection 58-37-3.7(2) or (3).
Renumbered and Amended by Chapter 307, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 4 - Health Care - Delivery and Access › Part 2 - Cannabinoid Research and Medical Cannabis › Section 212 - Institutional review board -- Approved study of cannabis, a cannabinoid product, or an expanded cannabinoid product.

Effective 5/3/2023
26B-4-212.
Institutional review board -- Approved study of cannabis, a cannabinoid product, or an expanded cannabinoid product.
(1) As used in this section:
(a) "Approved study" means a medical research study:
(i) the purpose of which is to investigate the medical benefits and risks of cannabinoid products; and
(ii) that is approved by an IRB.
(b) "Board" means the Cannabis Research Review Board created in Section 26B-1-420.
(c) "Cannabinoid product" means the same as that term is defined in Section 58-37-3.6.
(d) "Cannabis" means the same as that term is defined in Section 58-37-3.6.
(e) "Expanded cannabinoid product" means the same as that term is defined in Section 58-37-3.6.
(f) "Institutional review board" or "IRB" means an institutional review board that is registered for human subject research by the United States Department of Health and Human Services.
(2) A person conducting an approved study may, for the purposes of the study:
(a) process a cannabinoid product or an expanded cannabinoid product;
(b) possess a cannabinoid product or an expanded cannabinoid product; and
(c) administer a cannabinoid product, or an expanded cannabinoid product to an individual in accordance with the approved study.
(3) A person conducting an approved study may:
(a) import cannabis, a cannabinoid product, or an expanded cannabinoid product from another state if:
(i) the importation complies with federal law; and
(ii) the person uses the cannabis, cannabinoid product, or expanded cannabinoid product in accordance with the approved study; or
(b) obtain cannabis, a cannabinoid product, or an expanded cannabinoid product from the National Institute on Drug Abuse.
(4) A person conducting an approved study may distribute cannabis, a cannabinoid product, or an expanded cannabinoid product outside the state if:
(a) the distribution complies with federal law; and
(b) the distribution is for the purposes of, and in accordance with, the approved study.
Renumbered and Amended by Chapter 307, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 4 - Health Care - Delivery and Access › Part 2 - Cannabinoid Research and Medical Cannabis › Section 215 - Designated caregiver -- Guardian -- Criminal background check.

Effective 5/3/2023
26B-4-215.
Designated caregiver -- Guardian -- Criminal background check.
(1) Except for an applicant reapplying for a medical cannabis card within less than one year after the expiration of the applicant's previous medical cannabis card, each applicant for a medical cannabis guardian card under Section 26B-4-213 or a medical cannabis caregiver card under Section 26B-4-214 shall:
(a) submit to the department, at the time of application:
(i) a fingerprint card in a form acceptable to the Department of Public Safety; and
(ii) a signed waiver in accordance with Subsection 53-10-108(4) acknowledging the registration of the applicant's fingerprints in the Federal Bureau of Investigation Next Generation Identification System's Rap Back Service; and
(b) consent to a fingerprint background check by:
(i) the Bureau of Criminal Identification; and
(ii) the Federal Bureau of Investigation.
(2) The Bureau of Criminal Identification shall:
(a) check the fingerprints the applicant submits under Subsection (1)(a) against the applicable state, regional, and national criminal records databases, including the Federal Bureau of Investigation Next Generation Identification System;
(b) report the results of the background check to the department;
(c) maintain a separate file of fingerprints that applicants submit under Subsection (1)(a) for search by future submissions to the local and regional criminal records databases, including latent prints;
(d) request that the fingerprints be retained in the Federal Bureau of Investigation Next Generation Identification System's Rap Back Service for search by future submissions to national criminal records databases, including the Next Generation Identification System and latent prints; and
(e) establish a privacy risk mitigation strategy to ensure that the department only receives notifications for an individual with whom the department maintains an authorizing relationship.
(3) The department shall:
(a) assess an applicant who submits fingerprints under Subsection (1)(a) a fee in an amount that the department sets in accordance with Section 63J-1-504 for the services that the Bureau of Criminal Identification or another authorized agency provides under this section; and
(b) remit the fee described in Subsection (3)(a) to the Bureau of Criminal Identification.
Renumbered and Amended by Chapter 307, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 4 - Health Care - Delivery and Access › Part 2 - Cannabinoid Research and Medical Cannabis › Section 220 - Enforcement -- Misdemeanor.

Effective 7/1/2023
26B-4-220.
Enforcement -- Misdemeanor.
(1) Except as provided in Title 4, Chapter 41a, Cannabis Production Establishments and Pharmacies, it is unlawful for a medical cannabis cardholder to sell or otherwise give to another medical cannabis cardholder cannabis in a medicinal dosage form, a cannabis product in a medicinal dosage form, a medical cannabis device, or any cannabis residue remaining in or from a medical cannabis device.
(2)
(a) Except as provided in Subsection (2)(b), a medical cannabis cardholder who violates Subsection (1) is:
(i) guilty of a class B misdemeanor; and
(ii) subject to a $1,000 fine.
(b) An individual is not guilty under Subsection (2)(a) if the individual:
(i)
(A) is a designated caregiver; and
(B) gives the product described in Subsection (1) to the medical cannabis cardholder who designated the individual as a designated caregiver; or
(ii)
(A) is a medical cannabis guardian cardholder; and
(B) gives the product described in Subsection (1) to the relevant provisional patient cardholder.
(c) An individual who is guilty of a violation described in Subsection (2)(a) is not guilty of a violation of Title 58, Chapter 37, Utah Controlled Substances Act, for the conduct underlying the violation described in Subsection (2)(a).
Amended by Chapter 273, 2023 General Session
Amended by Chapter 307, 2023 General Session, (Coordination Clause)
Renumbered and Amended by Chapter 307, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 4 - Health Care - Delivery and Access › Part 2 - Cannabinoid Research and Medical Cannabis › Section 222 - Report.

Effective 7/1/2023
26B-4-222.
Report.
(1) By the November interim meeting each year beginning in 2020, the department shall report to the Health and Human Services Interim Committee on:
(a) the number of applications and renewal applications filed for medical cannabis cards;
(b) the number of qualifying patients and designated caregivers;
(c) the nature of the debilitating medical conditions of the qualifying patients;
(d) the age and county of residence of cardholders;
(e) the number of medical cannabis cards revoked;
(f) the number of practitioners providing recommendations for qualifying patients;
(g) the number of license applications and renewal license applications received;
(h) the number of licenses the department has issued in each county;
(i) the number of licenses the department has revoked;
(j) the quantity of medical cannabis shipments that the state central patient portal facilitates;
(k) the number of overall purchases of medical cannabis and medical cannabis products from each medical cannabis pharmacy;
(l) the expenses incurred and revenues generated from the medical cannabis program; and
(m) an analysis of product availability in medical cannabis pharmacies in consulatation with the Department of Agriculture and Food.
(2) The report shall include information provided by the Center for Medical Cannabis Research described in Section 53B-17-1402.
(3) The department may not include personally identifying information in the report described in this section.
(4) The department shall report to the working group described in Section 36-12-8.2 as requested by the working group.
Amended by Chapter 273, 2023 General Session
Amended by Chapter 281, 2023 General Session
Renumbered and Amended by Chapter 307, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 4 - Health Care - Delivery and Access › Part 2 - Cannabinoid Research and Medical Cannabis › Section 236 - State central patient portal -- Department duties.

Effective 7/1/2023
26B-4-236.
State central patient portal -- Department duties.
(1) The department shall establish or contract to establish, in accordance with Title 63G, Chapter 6a, Utah Procurement Code, a state central patient portal as described in this section.
(2) The state central patient portal shall:
(a) authenticate each user to ensure the user is a valid medical cannabis patient cardholder;
(b) allow a medical cannabis patient cardholder to:
(i) obtain and download the cardholder's medical cannabis card;
(ii) review the cardholder's medical cannabis purchase history; and
(iii) manage the cardholder's personal information, including withdrawing consent for the use of the cardholder's information for a study described in Subsection 26B-4-213(12);
(c) if the cardholder's recommending medical provider recommended the use of medical cannabis without providing directions of use and dosing guidelines and the cardholder has not yet received the counseling or consultation required in Subsection 26B-4-230(4):
(i) alert the cardholder of the outstanding need for consultation; and
(ii) provide the cardholder with access to the contact information for each pharmacy medical provider;
(d) except as provided in Subsection (2)(e), facilitate an electronic medical cannabis order:
(i) to a home delivery medical cannabis pharmacy for a medical cannabis shipment; or
(ii) to a medical cannabis pharmacy for a medical cannabis cardholder to obtain in person from the pharmacy;
(e) prohibit a patient from completing an electronic medical cannabis order described in Subsection (2)(d) if the purchase would exceed the limitations described in Subsection 4-41a-1102(2)(a) or (b);
(f) provide educational information to medical cannabis patient cardholders regarding the state's medical cannabis laws and regulatory programs and other relevant information regarding medical cannabis; and
(g) allow the patient to designate up to two caregivers who may receive a medical cannabis caregiver card to purchase and transport medical cannabis on behalf of the patient in accordance with this part.
(3) The department may make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to implement the state central patient portal.
Amended by Chapter 273, 2023 General Session
Amended by Chapter 307, 2023 General Session, (Coordination Clause)
Renumbered and Amended by Chapter 307, 2023 General Session
Amended by Chapter 317, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 4 - Health Care - Delivery and Access › Part 2 - Cannabinoid Research and Medical Cannabis › Section 243 - Guidance for treatment with medical cannabis.

Effective 5/3/2023
26B-4-243.
Guidance for treatment with medical cannabis.
The department, in consultation with the Center for Medical Cannabis Research created in Section 53B-17-1402, shall:
(1) develop evidence-based guidance for treatment with medical cannabis based on the latest medical research that shall include:
(a) for each qualifying condition, a summary of the latest medical research regarding the treatment of the qualifying condition with medical cannabis;
(b) risks, contraindications, side effects, and adverse reactions that are associated with medical cannabis use; and
(c) potential drug interactions between medical cannabis and medications that have been approved by the United States Food and Drug Administration; and
(2) educate recommending medical providers, pharmacy medical providers, medical cannabis cardholders, and the public regarding:
(a) the evidence-based guidance for treatment with medical cannabis described in Subsection (1)(a);
(b) relevant warnings and safety information related to medical cannabis use; and
(c) other topics related to medical cannabis use as determined by the department.
Enacted by Chapter 281, 2023 General Session
Technical renumber of section for proper placement in Title and Chapter.
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 4 - Health Care - Delivery and Access › Part 2 - Cannabinoid Research and Medical Cannabis › Section 244 - Government issued photo identification.

Effective 5/3/2023
26B-4-244.
Government issued photo identification.
A government issued photo identification is valid for purposes of this chapter if the identification:
(1) is unexpired;
(2) expired within the previous six months; or
(3) is expired and belongs to an individual who:
(a) as reported by the individual's recommending medical provider is in hospice or has a terminal illness; or
(b) is a patient or resident of:
(i) an assisted living facility, as defined in Section 26B-2-201;
(ii) a nursing care facility, as defined in Section 26B-2-201; or
(iii) a general acute hospital, as defined in Section 26B-2-201.
Enacted by Chapter 317, 2023 General Session
Technical renumber of section for proper placement in Title and Chapter.
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 4 - Health Care - Delivery and Access › Part 2 - Cannabinoid Research and Medical Cannabis › Section 245 - Purchasing and use limitations.

Effective 7/1/2023
26B-4-245.
Purchasing and use limitations.
An individual with a medical cannabis card:
(1) may purchase, in any one 28-day period, up to the legal dosage limit of:
(a) unprocessed cannabis in a medicinal dosage form; and
(b) a cannabis product in a medicinal dosage form;
(2) may not purchase:
(a) more medical cannabis than described in Subsection (1)(a); or
(b) if the relevant recommending medical provider did not recommend directions of use and dosing guidelines, until the individual consults with the pharmacy medical provider in accordance with Subsection 26B-4-231(4), any medical cannabis; and
(3) may not use a route of administration that the relevant recommending medical provider or the pharmacy medical provider, in accordance with Subsection 26B-4-231(4), has not recommended.
Enacted by Chapter 273, 2023 General Session
Technical renumber of section for proper placement in Title and Chapter.
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 4 - Health Care - Delivery and Access › Part 2 - Cannabinoid Research and Medical Cannabis › Section 246 - Denial or revocation of guardian card or caregiver card.

Effective 5/3/2023
26B-4-246.
Denial or revocation of guardian card or caregiver card.
The department may deny or revoke a medical cannabis guardian card or a medical cannabis caregiver card if the applicant or cardholder:
(1) violates the requirements of this chapter; or
(2) unless the individual completes any imposed sentence two or more years before the day on which the individual submits the application, has been convicted of any of the following under state or federal law:
(a) a drug distribution offense that is a felony within the preceding 10 years; or
(b) after December 3, 2018, a drug distribution offense that is a misdemeanor.
Enacted by Chapter 317, 2023 General Session
Technical renumber of section for proper placement in Title and Chapter.
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 4 - Health Care - Delivery and Access › Part 2 - Cannabinoid Research and Medical Cannabis › Section 247 - Department coordination.

Effective 5/3/2023
26B-4-247.
Department coordination.
The department shall:
(1) provide draft rules made under this chapter to the advisory board for the advisory board's review;
(2) consult with the advisory board regarding:
(a) patient education; and
(b) fees set by the department that pertain to the medical cannabis program; and
(3) when appropriate, consult with the advisory board regarding issues that arise in the medical cannabis program.
Enacted by Chapter 273, 2023 General Session
Technically renumbered newly enacted section following revisor instructions regarding recodification of Titles 26 and 62A in 2023 General Session.
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 4 - Health Care - Delivery and Access › Part 3 - Health Care Access › Section 301 - Definitions.

Effective 5/3/2023
26B-4-301.
Definitions.
As used in this part:
(1) "Committee" means the Primary Care Grant Committee described in Section 26B-1-410.
(2) "Community based organization":
(a) means a private entity; and
(b) includes for profit and not for profit entities.
(3) "Cultural competence" means a set of congruent behaviors, attitudes, and policies that come together in a system, agency, or profession and enables that system, agency, or profession to work effectively in cross-cultural situations.
(4) "Emergency medical dispatch center" means a public safety answering point, as defined in Section 63H-7a-103, that is designated as an emergency medical dispatch center by the office.
(5) "Health literacy" means the degree to which an individual has the capacity to obtain, process, and understand health information and services needed to make appropriate health decisions.
(6) "Institutional capacity" means the ability of a community based organization to implement public and private contracts.
(7) "Medically underserved population" means the population of an urban or rural area or a population group that the committee determines has a shortage of primary health care.
(8) "Office" means the Office of Emergency Medical Services and Preparedness within the department.
(9) "Primary care grant" means a grant awarded by the department under Subsection 26B-4-310(1).
(10)
(a) "Primary health care" means:
(i) basic and general health care services given when a person seeks assistance to screen for or to prevent illness and disease, or for simple and common illnesses and injuries; and
(ii) care given for the management of chronic diseases.
(b) "Primary health care" includes:
(i) services of physicians, nurses, physician's assistants, and dentists licensed to practice in this state under Title 58, Occupations and Professions;
(ii) diagnostic and radiologic services;
(iii) preventive health services including perinatal services, well-child services, and other services that seek to prevent disease or its consequences;
(iv) emergency medical services;
(v) preventive dental services; and
(vi) pharmaceutical services.
Renumbered and Amended by Chapter 307, 2023 General Session
Amended by Chapter 307, 2023 General Session, (Coordination Clause)
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 4 - Health Care - Delivery and Access › Part 3 - Health Care Access › Section 302 - Authority to administer CPR or use an AED.

Effective 5/3/2023
Renumbered 7/1/2024
26B-4-302.
Authority to administer CPR or use an AED.
(1) A person may administer CPR on another person without a license, certificate, or other governmental authorization if the person reasonably believes that the other person is in sudden cardiac arrest.
(2) A person may use an AED on another person without a license, certificate, or other governmental authorization if the person reasonably believes that the other person is in sudden cardiac arrest.
Renumbered and Amended by Chapter 307, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 4 - Health Care - Delivery and Access › Part 3 - Health Care Access › Section 303 - Immunity.

Effective 5/3/2023
Renumbered 7/1/2024
26B-4-303.
Immunity.
(1) Except as provided in Subsection (3), the following persons are not subject to civil liability for any act or omission relating to preparing to care for, responding to care for, or providing care to, another person who reasonably appears to be in sudden cardiac arrest:
(a) a person authorized, under Section 26B-4-302, to administer CPR, who:
(i) gratuitously and in good faith attempts to administer or administers CPR to another person; or
(ii) fails to administer CPR to another person;
(b) a person authorized, under Section 26B-4-302, to use an AED who:
(i) gratuitously and in good faith attempts to use or uses an AED; or
(ii) fails to use an AED;
(c) a person that teaches or provides a training course in administering CPR or using an AED;
(d) a person that acquires an AED;
(e) a person that owns, manages, or is otherwise responsible for the premises or conveyance where an AED is located;
(f) a person who retrieves an AED in response to a perceived or potential sudden cardiac arrest;
(g) a person that authorizes, directs, or supervises the installation or provision of an AED;
(h) a person involved with, or responsible for, the design, management, or operation of a CPR or AED program;
(i) a person involved with, or responsible for, reporting, receiving, recording, updating, giving, or distributing information relating to the ownership or location of an AED under Sections 26B-4-304 through 26B-4-306; or
(j) a physician who gratuitously and in good faith:
(i) provides medical oversight for a public AED program; or
(ii) issues a prescription for a person to acquire or use an AED.
(2) This section does not relieve a manufacturer, designer, developer, marketer, or commercial distributor of an AED, or an accessory for an AED, of any liability.
(3) The liability protection described in Subsection (1) does not apply to an act or omission that constitutes gross negligence or willful misconduct.
Renumbered and Amended by Chapter 307, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 4 - Health Care - Delivery and Access › Part 3 - Health Care Access › Section 304 - Reporting location of automatic external defibrillators.

Effective 5/3/2023
Renumbered 7/1/2024
26B-4-304.
Reporting location of automatic external defibrillators.
(1) In accordance with Subsection (2) and except as provided in Subsection (3):
(a) a person who owns or leases an AED shall report the person's name, address, and telephone number, and the exact location of the AED, in writing or by a web-based AED registration form, if available, to the emergency medical dispatch center that provides emergency dispatch services for the location where the AED is installed, if the person:
(i) installs the AED;
(ii) causes the AED to be installed; or
(iii) allows the AED to be installed; and
(b) a person who owns or leases an AED that is removed from a location where it is installed shall report the person's name, address, and telephone number, and the exact location from which the AED is removed, in writing or by a web-based AED registration form, if available, to the emergency medical dispatch center that provides emergency dispatch services for the location from which the AED is removed, if the person:
(i) removes the AED;
(ii) causes the AED to be removed; or
(iii) allows the AED to be removed.
(2) A report required under Subsection (1) shall be made within 14 days after the day on which the AED is installed or removed.
(3) Subsection (1) does not apply to an AED:
(a) at a private residence; or
(b) in a vehicle or other mobile or temporary location.
(4) A person who owns or leases an AED that is installed in, or removed from, a private residence may voluntarily report the location of, or removal of, the AED to the emergency medical dispatch center that provides emergency dispatch services for the location where the private residence is located.
(5) The department may not impose a penalty on a person for failing to comply with the requirements of this section.
Renumbered and Amended by Chapter 307, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 4 - Health Care - Delivery and Access › Part 3 - Health Care Access › Section 305 - Distributors to notify of reporting requirements.

Effective 5/3/2023
Renumbered 7/1/2024
26B-4-305.
Distributors to notify of reporting requirements.
A person in the business of selling or leasing an AED shall, at the time the person provides, sells, or leases an AED to another person, notify the other person, in writing, of the reporting requirements described in Section 26B-4-304.
Renumbered and Amended by Chapter 307, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 4 - Health Care - Delivery and Access › Part 3 - Health Care Access › Section 306 - Duties of emergency medical dispatch centers.

Effective 5/3/2023
Renumbered 7/1/2024
26B-4-306.
Duties of emergency medical dispatch centers.
An emergency medical dispatch center shall:
(1) implement a system to receive and manage the information reported to the emergency medical dispatch center under Section 26B-4-304;
(2) record in the system described in Subsection (1), all information received under Section 26B-4-304 within 14 days after the day on which the information is received;
(3) inform a person who calls to report a potential incident of sudden cardiac arrest of the location of an AED located at the address of the potential sudden cardiac arrest;
(4) provide verbal instructions to a person described in Subsection (3) to:
(a) help a person determine if a patient is in cardiac arrest; and
(b) if needed:
(i) provide direction to start CPR;
(ii) offer instructions on how to perform CPR; or
(iii) offer instructions on how to use an AED, if one is available; and
(5) provide the information contained in the system described in Subsection (1), upon request, to the office.
Renumbered and Amended by Chapter 307, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 4 - Health Care - Delivery and Access › Part 3 - Health Care Access › Section 307 - Education and training.

Effective 5/3/2023
Renumbered 7/1/2024
26B-4-307.
Education and training.
(1) The office shall work in cooperation with federal, state, and local agencies and schools, to encourage individuals to complete courses on the administration of CPR and the use of an AED.
(2) A person who owns or leases an AED shall encourage each person who is likely to use the AED to complete courses on the administration of CPR and the use of an AED.
Renumbered and Amended by Chapter 307, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 4 - Health Care - Delivery and Access › Part 3 - Health Care Access › Section 308 - AEDs for demonstration purposes.

Effective 5/3/2023
Renumbered 7/1/2024
26B-4-308.
AEDs for demonstration purposes.
(1) Any AED used solely for demonstration or training purposes, which is not operational for emergency use is, except for the provisions of this section, exempt from the provisions of this part.
(2) The owner of an AED described in Subsection (1) shall clearly mark on the exterior of the AED that the AED is for demonstration or training use only.
Renumbered and Amended by Chapter 307, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 4 - Health Care - Delivery and Access › Part 3 - Health Care Access › Section 309 - Tampering with an AED prohibited -- Penalties.

Effective 5/3/2023
Renumbered 7/1/2024
26B-4-309.
Tampering with an AED prohibited -- Penalties.
A person is guilty of a class C misdemeanor if the person removes, tampers with, or otherwise disturbs an AED, AED cabinet or enclosure, or AED sign, unless:
(1) the person is authorized by the AED owner for the purpose of:
(a) inspecting the AED or AED cabinet or enclosure; or
(b) performing maintenance or repairs on the AED, the AED cabinet or enclosure, a wall or structure that the AED cabinet or enclosure is directly attached to, or an AED sign;
(2) the person is responding to, or providing care to, a potential sudden cardiac arrest patient; or
(3) the person acts in good faith with the intent to support, and not to violate, the recognized purposes of the AED.
Renumbered and Amended by Chapter 307, 2023 General Session