reglab/statecodes huggingface dataset:
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 4 - Health Care - Delivery and Access › Part 5 - Treatment Access › Section 515 - Sexual assault hotline service -- Emergency contraception access.

Effective 5/3/2023
26B-4-515.
Sexual assault hotline service -- Emergency contraception access.
(1) As used in this section, "sexual assault hotline service" means a telephone hotline, online chat hotline, or similar method of communication that provides information or counseling services for a victim of sexual assault.
(2) A person who operates a sexual assault hotline service available to a resident of this state shall create and maintain a policy that encourages the sexual assault hotline service to provide, when applicable, a victim of sexual assault with information on how to access:
(a) free emergency contraception;
(b) law enforcement; and
(c) medical and mental health services.
(3) The department shall provide information about how a victim of sexual assault may access free emergency contraception and other medical and mental health services to:
(a) victims of sexual assault;
(b) sexual assault hotline services that are available to residents of this state; and
(c) other providers who provide sexual assault support services to victims of sexual assault in this state.
(4) The department may adopt rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to carry out the provisions of Subsection (3).
Enacted by Chapter 158, 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 6 - Adult Autism Treatment Program › Section 601 - Definitions.

Effective 5/3/2023
26B-4-601.
Definitions.
As used in this part:
(1) "Adult Autism Treatment Account" means the Adult Autism Treatment Account created in Section 26B-1-322.
(2) "Advisory committee" means the Adult Autism Treatment Program Advisory Committee created in Section 26B-1-424.
(3) "Applied behavior analysis" means the same as that term is defined in Section 31A-22-642.
(4) "Autism spectrum disorder" means the same as that term is defined in Section 31A-22-642.
(5) "Program" means the Adult Autism Treatment Program created in Section 26B-4-602.
(6) "Qualified individual" means an individual who:
(a) is at least 22 years old;
(b) is a resident of the state;
(c) has been diagnosed by a qualified professional as having:
(i) an autism spectrum disorder; or
(ii) another neurodevelopmental disorder requiring significant supports through treatment using applied behavior analysis; and
(d) needs significant supports for a condition described in Subsection (6)(c), as demonstrated by formal assessments of the individual's:
(i) cognitive ability;
(ii) adaptive ability;
(iii) behavior; and
(iv) communication ability.
(7) "Qualified provider" means a provider that is qualified under Section 26B-4-603 to provide services for the program.
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 6 - Adult Autism Treatment Program › Section 602 - Adult Autism Treatment Program -- Creation -- Requirements -- Reporting.

Effective 5/3/2023
26B-4-602.
Adult Autism Treatment Program -- Creation -- Requirements -- Reporting.
(1) There is created within the department the Adult Autism Treatment Program.
(2)
(a) The program shall be administered by the department in collaboration with the advisory committee.
(b) The program shall be funded only with money from the Adult Autism Treatment Account.
(3)
(a) An individual may apply for a grant from the program by submitting to a qualified provider the information specified by the department under Subsection 26B-4-604(5).
(b) As funding permits, the department shall award a grant from the program on behalf of an applicant in accordance with criteria established by the department, in collaboration with the advisory committee, by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
(c) A grant shall:
(i) be for a specific amount;
(ii) cover a specific period, not to exceed five years; and
(iii) be disbursed incrementally, if appropriate.
(d) The department shall transmit a grant awarded on behalf of an applicant to a qualified provider designated by the applicant.
(4) A qualified provider that receives a grant for the treatment of a qualified individual shall:
(a) use the grant only for treatment of the qualified individual;
(b) submit any reports that are required by the department; and
(c) notify the department within seven days if:
(i) the qualified individual:
(A) has not received treatment from the qualified provider for 10 consecutive days;
(B) is no longer receiving treatment from the qualified provider; or
(C) is no longer a qualified individual; or
(ii) the qualified provider is no longer a qualified provider.
(5) A qualified provider that receives a grant for the treatment of a qualified individual shall refund any amount to the department on a prorated basis for each day that:
(a) the qualified provider is no longer a qualified provider;
(b) the individual is no longer a qualified individual; or
(c) the qualified provider does not provide services to a qualified individual.
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 6 - Adult Autism Treatment Program › Section 603 - Provider qualifications.

Effective 5/3/2023
26B-4-603.
Provider qualifications.
The department shall designate a provider as a qualified provider if the provider:
(1) is able to treat a qualified individual's condition through:
(a) one or more evidence-based treatments, including applied behavior analysis;
(b) individualized, client-centered treatment;
(c) any method that engages the qualified individual's family members in the treatment process; and
(d) measured development of the qualified individual's pre-vocational, vocational, and daily-living skills; and
(2) provides treatment to a qualified individual through:
(a) a behavior analyst licensed under Title 58, Chapter 61, Part 7, Behavior Analyst Licensing Act; or
(b) a psychologist who is licensed under Title 58, Chapter 61, Psychologist Licensing Act.
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 6 - Adult Autism Treatment Program › Section 604 - Department rulemaking.

Effective 5/3/2023
26B-4-604.
Department rulemaking.
The department, in collaboration with the advisory committee, shall make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to:
(1) specify assessment tools and outcomes that a qualified provider may use to determine the types of supports that a qualified individual needs;
(2) define evidence-based treatments that a qualified individual may pay for with grant funding;
(3) establish criteria for awarding a grant under this part;
(4) specify the information that an individual shall submit to demonstrate that the individual is a qualified individual;
(5) specify the information a provider shall submit to demonstrate that the provider is a qualified provider; and
(6) specify the content and timing of reports required from a qualified provider, including a report on actual and projected treatment outcomes for a qualified individual.
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 7 - Health Care Workforce › Section 701 - Definitions.

Effective 5/3/2023
26B-4-701.
Definitions.
As used in this part:
(1) "Accredited clinical education program" means a clinical education program for a health care profession that is accredited by the Accreditation Council on Graduate Medical Education.
(2) "Accredited clinical training program" means a clinical training program that is accredited by an entity recognized within medical education circles as an accrediting body for medical education, advanced practice nursing education, physician assistance education, doctor of pharmacy education, dental education, or registered nursing education.
(3) "Centers for Medicare and Medicaid Services" means the Centers for Medicare and Medicaid Services within the United States Department of Health and Human Services.
(4) "Health care professionals in training" means medical students and residents, advance practice nursing students, physician assistant students, doctor of pharmacy students, dental students, and registered nursing students.
(5) "Hospital" means a general acute hospital, as defined in Section 26B-2-201.
(6) "Physician" means a person:
(a) licensed as a physician under Title 58, Chapter 67, Utah Medical Practice Act; or
(b) licensed as a physician under Title 58, Chapter 68, Utah Osteopathic Medical Practice Act.
(7) "Rural county" means a county with a population of less than 50,000, as determined by:
(a) the most recent official census or census estimate of the United States Bureau of the Census; or
(b) the most recent population estimate for the county from the Utah Population Committee, if a population figure for the county is not available under Subsection (7)(a).
(8) "Rural hospital" means a hospital located within a rural county.
(9) "UMEC" means the Utah Medical Education Council created in Section 26B-4-706.
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 7 - Health Care Workforce › Section 703 - Rural Physician Loan Repayment Program -- Purpose -- Repayment limit -- Funding -- Reporting -- Rulemaking -- Advisory committee.

Effective 5/3/2023
26B-4-703.
Rural Physician Loan Repayment Program -- Purpose -- Repayment limit -- Funding -- Reporting -- Rulemaking -- Advisory committee.
(1) There is created within the department the Rural Physician Loan Repayment Program to provide, within funding appropriated by the Legislature for this purpose, education loan repayment assistance to physicians in accordance with Subsection (2).
(2) The department may enter into an education loan repayment assistance contract with a physician if:
(a) the physician:
(i) locates or continues to practice in a rural county; and
(ii) has a written commitment from a rural hospital that the hospital will provide education loan repayment assistance to the physician;
(b) the assistance provided by the program does not exceed the assistance provided by the rural hospital; and
(c) the physician is otherwise eligible for assistance under administrative rules adopted under Subsection (6).
(3) Funding for the program:
(a) shall be a line item within an appropriations act;
(b) may be used to pay for the per diem and travel expenses of the Rural Physician Loan Repayment Program Advisory Committee under Subsection 26B-1-423(5); and
(c) may be used to pay for department expenses incurred in the administration of the program:
(i) including administrative support provided to the Rural Physician Loan Repayment Program Advisory Committee created under Subsection 26B-1-423(7); and
(ii) in an amount not exceeding 10% of funding for the program.
(4) Refunds of loan repayment assistance, penalties for breach of contract, and other payments to the program are dedicated credits to the program.
(5) The department shall prepare an annual report of the program's revenues, expenditures, and outcomes.
(6)
(a) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the department shall make rules governing the administration of the program, including rules that address:
(i) application procedures;
(ii) eligibility criteria;
(iii) verification of the amount provided by a rural hospital to a physician for repayment of the physician's education loans;
(iv) service conditions, which at a minimum shall include professional service by the physician in the rural hospital providing loan repayment assistance to the physician;
(v) selection criteria and assistance amounts;
(vi) penalties for failure to comply with service conditions or other terms of a loan repayment assistance contract; and
(vii) criteria for modifying or waiving service conditions or penalties in the case of extreme hardship or for other good cause.
(b) The department shall seek and consider the recommendations of the Rural Physician Loan Repayment Program Advisory Committee created in Section 26B-1-423 as it develops and modifies rules to administer the program.
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 7 - Health Care Workforce › Section 705 - Utah Health Workforce Information Center.

Effective 5/3/2023
26B-4-705.
Utah Health Workforce Information Center.
(1) As used in this section:
(a) "Council" means the Utah Health Workforce Advisory Council created in Section 26B-1-425.
(b) "Health sector" means any place of employment where the primary function is the delivery of health care services.
(c)
(i) "Health workforce" means the individuals, collectively and by profession, who deliver health care services or assist in the delivery of health care services.
(ii) "Health workforce" includes any health care professional who does not work in the health sector and any non-health care professional who works in the health sector.
(2) There is created within the department the Utah Health Workforce Information Center.
(3) The information center shall:
(a) under the guidance of the council, work with the Department of Commerce to collect data described in Section 58-1-112;
(b) analyze data from any available source regarding Utah's health workforce including data collected by the Department of Commerce under Section 58-1-112;
(c) send a report to the council regarding any analysis of health workforce data;
(d) conduct research on Utah's health workforce as directed by the council;
(e) notwithstanding the provisions of Subsection 35A-4-312(3), receive information obtained by the Department of Workforce Services under the provisions of Section 35A-4-312 for purposes consistent with the information center's duties, including identifying changes in Utah's health workforce numbers, types, and geographic distribution;
(f) project the demand for individuals to enter health care professions, including the nursing profession in accordance with Section 53B-26-202;
(g) subject to Section 26B-8-406, share data with any appropriate person as determined by the information center; and
(h) conduct research and provide analysis for any state agency as approved by the executive director or the executive director's designee.
(4) Notwithstanding any other provision of state law, the information center is authorized to obtain data from any state agency if:
(a) the council and the information center deem receiving the data necessary to perform a duty listed under Subsection (3) or 26B-1-425(7); and
(b) the information center's access to the data will not:
(i) violate any federal statute or federal regulation; or
(ii) violate a condition a state agency must follow:
(A) to participate in a federal program; or
(B) to receive federal funds.
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 7 - Health Care Workforce › Section 706 - Utah Medical Education Council.

Effective 5/3/2023
26B-4-706.
Utah Medical Education Council.
(1)
(a) There is created the Utah Medical Education Council, which is a subcommittee of the Utah Health Workforce Advisory Council.
(b) The membership of UMEC shall consist of the following appointed by the governor:
(i) the dean of the school of medicine at the University of Utah;
(ii) an individual who represents graduate medical education at the University of Utah;
(iii) an individual from each institution, other than the University of Utah, that sponsors an accredited clinical education program;
(iv) an individual from the health care insurance industry; and
(v)
(A) three members of the general public who are not employed by or affiliated with any institution that offers, sponsors, or finances health care or medical education; and
(B) if the number of individuals appointed under Subsection (1)(b)(iii) is more than two, the governor may appoint an additional member of the public under this Subsection (1)(b)(v) for each individual the governor appoints under Subsection (1)(b)(iii) beyond two.
(2) Except as provided in Subsections (1)(b)(i) and (ii), no two UMEC members may be employed by or affiliated with the same:
(a) institution of higher education;
(b) state agency outside of higher education; or
(c) private entity.
(3) The dean of the school of medicine at the University of Utah:
(a) shall chair UMEC;
(b) may not be counted in determining the existence of a quorum; and
(c) may only cast a vote on a matter before the council if the vote of the other council members results in a tied vote.
(4) UMEC shall annually elect a vice chair from UMEC's members.
(5)
(a) Consistent with Subsection (6)(b), a majority of the members constitute a quorum.
(b) The action of a majority of a quorum is the action of UMEC.
(6)
(a) Except as provided in Subsection (6)(b), members are appointed to four-year terms of office.
(b) Notwithstanding Subsection (6)(a), the governor shall, at the time of the initial appointment, adjust the length of terms to ensure that the terms of UMEC members are staggered so that approximately half of the members are appointed every two years.
(c) If a vacancy occurs in the membership for any reason, the replacement shall be appointed by the governor for the unexpired term in the same manner as the original appointment was made.
(7) A member may not receive compensation or benefits for the member's service, but may receive per diem and travel expenses in accordance with:
(a) Section 63A-3-106;
(b) Section 63A-3-107; and
(c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and 63A-3-107.
(8) The council shall provide staff for UMEC.
Amended by Chapter 139, 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 7 - Health Care Workforce › Section 707 - Medical Education Program.

Effective 5/3/2023
26B-4-707.
Medical Education Program.
(1) There is created a Medical Education Program to be administered by UMEC in cooperation with the Division of Finance.
(2) The program shall be funded from money received for graduate medical education from:
(a) the federal Centers for Medicare and Medicaid Services or other federal agency;
(b) state appropriations; and
(c) donation or private contributions.
(3) All funding for this program shall be nonlapsing.
(4) Program money may only be expended if:
(a) approved by UMEC; and
(b) used for graduate medical education in accordance with Subsection 26B-4-708(4).
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 7 - Health Care Workforce › Section 708 - Duties of UMEC.

Effective 5/3/2023
26B-4-708.
Duties of UMEC.
UMEC shall:
(1) seek private and public contributions for the program;
(2) determine the method for reimbursing institutions that sponsor health care professionals in training;
(3) determine the number and type of positions for health care professionals in training for which program money may be used;
(4) distribute program money for graduate medical education in a manner that:
(a) prepares postgraduate medical residents, as defined by the accreditation council on graduate medical education, for inpatient, outpatient, hospital, community, and geographically diverse settings;
(b) encourages the coordination of interdisciplinary clinical training among health care professionals in training;
(c) promotes stable funding for the clinical training of health care professionals in training; and
(d) only funds accredited clinical training programs; and
(5) advise on the implementation of the program.
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 7 - Health Care Workforce › Section 709 - Powers of UMEC.

Effective 5/3/2023
26B-4-709.
Powers of UMEC.
The UMEC may:
(1) appoint advisory committees of broad representation on interdisciplinary clinical education, workforce mix planning and projections, funding mechanisms, and other topics as is necessary;
(2) use federal money for necessary administrative expenses to carry out UMEC's duties and powers as permitted by federal law;
(3) distribute program money in accordance with Subsection 26B-4-708(4); and
(4) as is necessary to carry out UMEC's duties under Section 26B-4-708, adopt rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
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 7 - Health Care Workforce › Section 710 - Rural residency training program.

Affected by 63I-1-226 on 7/1/2025
Effective 5/3/2023
26B-4-710.
Rural residency training program.
(1) As used in this section:
(a) "Physician" means:
(i) an individual licensed to practice medicine under Title 58, Chapter 67, Utah Medical Practice Act or Title 58, Chapter 68, Utah Osteopathic Medical Practice Act; and
(ii) an individual licensed to practice dentistry under Title 58, Chapter 69, Dentist and Dental Hygienist Practice Act.
(b) "Rural residency training program" means an accredited clinical training program that places a physician into a rural county for a part or all of the physician's clinical training.
(2) Subject to appropriations from the Legislature, UMEC shall establish a pilot program to place physicians into rural residency training programs.
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 7 - Health Care Workforce › Section 711 - Residency grant program.

Effective 5/3/2023
26B-4-711.
Residency grant program.
(1) As used in this section:
(a) "D.O. program" means an osteopathic medical program that prepares a graduate to obtain licensure as a doctor of osteopathic medicine upon completing a state's licensing requirements.
(b) "M.D. program" means a medical education program that prepares a graduate to obtain licensure as a doctor of medicine upon completing a state's licensing requirements.
(c) "Residency program" means a program that provides training for graduates of a D.O. program or an M.D. program.
(2) UMEC shall develop a grant program where a sponsoring institution in Utah may apply for a grant to establish a new residency program or expand a current residency program.
(3) An applicant for a grant shall:
(a) provide the proposed specialty area for each grant funded residency position;
(b) identify where the grant funded residency position will provide care;
(c)
(i) provide proof that the residency program is accredited by the Accreditation Council for Graduate Medical Education; or
(ii) identify what actions need to occur for the proposed residency program to become accredited by the Accreditation Council for Graduate Medical Education;
(d) identify how a grant funded residency position will be funded once the residency program exhausts the grant money;
(e) agree to implement selection processes for a residency position that treat applicants from D.O. programs and applicants from M.D. programs equally;
(f) agree to provide information identified by UMEC that relates to post-residency employment outcomes for individuals who work in grant funded residency positions; and
(g) provide any other information related to the grant application UMEC deems necessary.
(4) UMEC shall prioritize awarding grants to new or existing residency programs that will:
(a) address a workforce shortage, occurring in Utah, for a specialty; or
(b) serve an underserved population, including a rural population.
(5) Before November 1, 2023, and each November 1 thereafter, UMEC shall provide a written report to the Higher Education Appropriations Subcommittee describing:
(a) which sponsoring institutions received a grant;
(b) the number of residency positions created; and
(c) for each residency position created:
(i) the type of specialty;
(ii) where the residency position provides care; and
(iii) an estimated date of when a grant funded residency position will no longer need grant funding.
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 7 - Health Care Workforce › Section 712 - Forensic psychiatrist fellowship grant.

Effective 5/3/2023
26B-4-712.
Forensic psychiatrist fellowship grant.
(1) As used in this section, "forensic psychiatry" means the provision of services by an individual who:
(a) is a licensed physician;
(b) is board certified for a psychiatry specialization recognized by the American Board of Medical Specialists or the American Osteopathic Association's Bureau of Osteopathic Specialists; and
(c) uses scientific and clinical expertise in legal contexts involving the mental health of individuals.
(2) UMEC shall establish a grant program that will facilitate the creation of a single forensic psychiatrist fellowship program.
(3) An applicant for the grant shall:
(a) demonstrate how the applicant is best suited for developing a forensic psychiatry fellowship program, including:
(i) a description of resources that would be available to the program; and
(ii) any resources or staff that need to be acquired for the program;
(b) identify what needs to occur for the proposed residency program to become accredited by the Accreditation Council for Graduate Medical Education;
(c) provide an estimate of how many individuals would be trained in the program at any one time;
(d) provide any information related to the grant application UMEC deems necessary for awarding the grant; and
(e) if awarded the grant, agree to:
(i) enter into a contract with the Department of Corrections that the applicant will provide for the provision of forensic psychiatry services to an individual:
(A) who needs psychiatric services; and
(B) is under the Department of Corrections' jurisdiction;
(ii) ensure that any individual hired to provide forensic psychiatry services will comply with all relevant:
(A) national licensing requirements; and
(B) state licensing requirements under Title 58, Occupations and Professions.
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 8 - Uniform Emergency Volunteer Health Practitioners Act › Section 802 - Applicability to volunteer health practitioners.

Effective 5/3/2023
26B-4-802.
Applicability to volunteer health practitioners.
This part applies to volunteer health practitioners who:
(1) are registered with a registration system that complies with Section 26B-4-804; and
(2) provide health or veterinary services in Utah for a host entity during an emergency.
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 8 - Uniform Emergency Volunteer Health Practitioners Act › Section 803 - Regulation of services during emergency.

Effective 5/3/2023
26B-4-803.
Regulation of services during emergency.
(1) During an emergency, the department or a local health department may limit, restrict, or otherwise regulate:
(a) the duration of practice by volunteer health practitioners;
(b) the geographical areas in which volunteer health practitioners may practice;
(c) the types of volunteer health practitioners who may practice; and
(d) any other matters necessary to coordinate effectively the provision of health or veterinary services during the emergency.
(2) An order issued under Subsection (1) takes effect immediately, without prior notice or comment, and is not a rule within the meaning of Title 63G, Chapter 3, Utah Administrative Rulemaking Act, or an adjudication within the meaning of Title 63G, Chapter 4, Administrative Procedures Act.
(3) A host entity that uses volunteer health practitioners to provide health or veterinary services in Utah shall:
(a) to the extent practicable and in order to provide for the efficient and effective use of volunteer health practitioners, consult and coordinate its activities with:
(i) the department;
(ii) local health departments; or
(iii) the Department of Agriculture and Food; and
(b) comply with all state and federal laws relating to the management of emergency health or veterinary 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 8 - Uniform Emergency Volunteer Health Practitioners Act › Section 804 - Volunteer health practitioner registration systems.

Effective 5/3/2023
26B-4-804.
Volunteer health practitioner registration systems.
(1) To qualify as a volunteer health practitioner registration system, the registration system shall:
(a) accept applications for the registration of volunteer health practitioners before or during an emergency;
(b) include information about the licensure and good standing of health practitioners that is accessible by authorized persons;
(c) be capable of confirming the accuracy of information concerning whether a health practitioner is licensed and in good standing before health services or veterinary services are provided under this part; and
(d) meet one of the following conditions:
(i) be an emergency system for advance registration of volunteer health practitioners established by a state and funded through the United States Department of Health and Human Services under Section 319I of the Public Health Services Act, 42 U.S.C. Sec. 247d-7b, as amended;
(ii) be a local unit consisting of trained and equipped emergency response, public health, and medical personnel formed under Section 2801 of the Public Health Services Act, 42 U.S.C. Sec. 300hh as amended;
(iii) be operated by a:
(A) disaster relief organization;
(B) licensing board;
(C) national or regional association of licensing boards or health practitioners;
(D) health facility that provides comprehensive inpatient and outpatient healthcare services, including tertiary care; or
(E) governmental entity; or
(iv) be designated by the department as a registration system for purposes of this part.
(2)
(a) Subject to Subsection (2)(b), during an emergency, the department, a person authorized to act on behalf of the department, or a host entity shall confirm whether a volunteer health practitioner in Utah is registered with a registration system that complies with Subsection (1).
(b) The confirmation authorized under this Subsection (2) is limited to obtaining the identity of the practitioner from the system and determining whether the system indicates that the practitioner is licensed and in good standing.
(3) Upon request of a person authorized under Subsection (2), or a similarly authorized person in another state, a registration system located in Utah shall notify the person of the identity of a volunteer health practitioner and whether or not the volunteer health practitioner is licensed and in good standing.
(4) A host entity is not required to use the services of a volunteer health practitioner even if the volunteer health practitioner is registered with a registration system that indicates that the practitioner is licensed and in good 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 8 - Uniform Emergency Volunteer Health Practitioners Act › Section 805 - Recognition of volunteer health practitioners licensed in other states.

Effective 5/3/2023
26B-4-805.
Recognition of volunteer health practitioners licensed in other states.
(1) During an emergency, a volunteer health practitioner registered with a registration system that complies with Section 26B-4-804 and licensed and in good standing in the state upon which the practitioner's registration is based:
(a) may practice in Utah to the extent authorized by this part as if the practitioner were licensed in Utah; and
(b) is exempt from:
(i) licensure in Utah; or
(ii) operating under modified scope of practice provisions in accordance with Subsections 58-1-307(4) and (5).
(2) A volunteer health practitioner qualified under Subsection (1) is not entitled to the protections of this part if the practitioner is licensed in more than one state and any license of the practitioner:
(a) is suspended, revoked, or subject to an agency order limiting or restricting practice privileges; or
(b) has been voluntarily terminated under threat of sanction.
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 8 - Uniform Emergency Volunteer Health Practitioners Act › Section 806 - No effect on credentialing and privileging.

Effective 5/3/2023
26B-4-806.
No effect on credentialing and privileging.
(1) For purposes of this section:
(a) "Credentialing" means obtaining, verifying, and assessing the qualifications of a health practitioner to provide treatment, care, or services.
(b) "Privileging" means the authorizing by an appropriate authority of a health practitioner to provide specific treatment, care, or services at a health facility subject to limits based on factors that include license, education, training, experience, competence, health status, and specialized skill.
(2) This part does not affect credentialing or privileging standards of a health facility, and does not preclude a health facility from waiving or modifying those standards during an emergency.
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 8 - Uniform Emergency Volunteer Health Practitioners Act › Section 808 - Relation to other laws.

Effective 5/3/2023
26B-4-808.
Relation to other laws.
(1)
(a) This part does not limit rights, privileges, or immunities provided to volunteer health practitioners by laws other than this part.
(b) Except as otherwise provided in Subsection (2), this part does not affect requirements for the use of health practitioners pursuant to Title 53, Chapter 2a, Part 4, Emergency Management Assistance Compact.
(2) An authorized representative of a party state may incorporate volunteer health practitioners into the emergency forces of Utah even if those volunteer health practitioners are not officers or employees of Utah, a political subdivision of Utah, or a municipality or other local government within Utah.
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 8 - Uniform Emergency Volunteer Health Practitioners Act › Section 809 - Regulatory authority.

Effective 5/3/2023
26B-4-809.
Regulatory authority.
(1) The department shall make rules by following the procedures and requirements of Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
(2) Before adopting rules under Subsection (1), the department shall consult and consider:
(a) the recommendations of the entity established to coordinate the implementation of the Emergency Management Assistance Compact; and
(b) rules adopted by similarly empowered agencies in other states in order to promote uniformity of application of this part and make the emergency response systems in the various states reasonably compatible.
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 8 - Uniform Emergency Volunteer Health Practitioners Act › Section 810 - Limitations on civil liability for volunteer health practitioners.

Effective 5/3/2023
26B-4-810.
Limitations on civil liability for volunteer health practitioners.
Volunteer health practitioners who provide health or veterinary services pursuant to this chapter are immune from liability and civil damages as set forth in Section 58-13-2.
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 8 - Uniform Emergency Volunteer Health Practitioners Act › Section 811 - Workers' compensation coverage.

Effective 5/3/2023
26B-4-811.
Workers' compensation coverage.
(1) For purposes of this section, "injury" means a physical or mental injury or disease for which an employee of Utah who is injured or contracts the disease in the course of the employee's employment would be entitled to benefits under Title 34A, Chapter 2, Workers' Compensation Act.
(2) A volunteer health practitioner is considered a state employee for purposes of receiving workers' compensation medical benefits under Title 34A, Chapter 2, Workers' Compensation Act, and Chapter 3, Utah Occupational Disease Act.
(3) The state shall provide workers' compensation benefits for a volunteer health practitioner under:
(a)Title 34A, Chapter 2, Workers' Compensation Act; and
(b)Title 34A, Chapter 3, Utah Occupational Disease Act.
(4)
(a) In accordance with Section 34A-2-105, the workers' compensation benefits described in Subsection (3) are the exclusive remedy against the state or an officer, agent, or employee of the state, for all injuries and occupational diseases resulting from the volunteer health practitioner's services for the state.
(b) For purposes of Subsection (4)(a), the state is considered the employer of the volunteer health practitioner.
(5) To compute the workers' compensation benefits for a volunteer health practitioner described in Subsection (3), the average weekly wage of the volunteer health practitioner shall be the state's average weekly wage at the time of the emergency that is the basis for the volunteer health practitioner's workers' compensation claim.
(6)
(a) The Labor Commission shall:
(i) adopt rules, enter into agreements with other states, or take other measures to facilitate the receipt of benefits for injury or death by volunteer health practitioners who reside in other states; and
(ii) consult with and consider the practices for filing, processing, and paying claims by agencies with similar authority in other states to promote uniformity of application of this chapter with other states that enact similar legislation.
(b) The Labor Commission may waive or modify requirements for filing, processing, and paying claims that unreasonably burden the volunteer health practitioners.
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 8 - Uniform Emergency Volunteer Health Practitioners Act › Section 812 - Uniformity of application and construction.

Effective 5/3/2023
26B-4-812.
Uniformity of application and construction.
In applying and construing this part, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
Renumbered and Amended by Chapter 307, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 5 - Health Care - Substance Use and Mental Health › Part 1 - General Provisions › Section 103 - Director -- Qualifications.

Effective 5/3/2023
26B-5-103.
Director -- Qualifications.
(1) The executive director shall appoint a director within the division to carry out all or part of the duties and responsibilities described in this part.
(2) The director appointed under Subsection (1) shall have a bachelor's degree from an accredited university or college, be experienced in administration, and be knowledgeable in matters concerning substance use and mental health.
Renumbered and Amended by Chapter 308, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 5 - Health Care - Substance Use and Mental Health › Part 1 - General Provisions › Section 104 - Authority and responsibilities of division.

Effective 5/3/2023
26B-5-104.
Authority and responsibilities of division.
The division shall set policy for its operation and for programs funded with state and federal money under Sections 17-43-201, 17-43-301, 17-43-304, and 26B-5-108. The division shall:
(1) in establishing rules, seek input from local substance abuse authorities, local mental health authorities, consumers, providers, advocates, division staff, and other interested parties as determined by the division;
(2) establish, by rule, minimum standards for local substance abuse authorities and local mental health authorities;
(3) establish, by rule, procedures for developing policies that ensure that local substance abuse authorities and local mental health authorities are given opportunity to comment and provide input on any new policy of the division or proposed changes in existing rules of the division;
(4) provide a mechanism for review of its existing policy, and for consideration of policy changes that are proposed by local substance abuse authorities or local mental health authorities;
(5) develop program policies, standards, rules, and fee schedules for the division; and
(6) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, make rules approving the form and content of substance abuse treatment, educational series, screening, and assessment that are described in Section 41-6a-501.
Renumbered and Amended by Chapter 308, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 5 - Health Care - Substance Use and Mental Health › Part 1 - General Provisions › Section 105 - Employment first emphasis on the provision of services.

Effective 5/3/2023
26B-5-105.
Employment first emphasis on the provision of services.
(1) As used in this section, "recipient" means an individual who is:
(a) undergoing treatment for a substance use problem; or
(b) suffers from a mental illness.
(2) When providing services to a recipient, the division shall, within funds appropriated by the Legislature and in accordance with the requirements of federal and state law and memorandums of understanding between the division and other state entities that provide services to a recipient, give priority to providing services that assist an eligible recipient in obtaining and retaining meaningful and gainful employment that enables the recipient to earn sufficient income to:
(a) purchase goods and services;
(b) establish self-sufficiency; and
(c) exercise economic control of the recipient's life.
(3) The division shall develop a written plan to implement the policy described in Subsection (2) that includes:
(a) assessing the strengths and needs of a recipient;
(b) customizing strength-based approaches to obtaining employment;
(c) expecting, encouraging, providing, and rewarding:
(i) integrated employment in the workplace at competitive wages and benefits; and
(ii) self-employment;
(d) developing partnerships with potential employers;
(e) maximizing appropriate employment training opportunities;
(f) coordinating services with other government agencies and community resources;
(g) to the extent possible, eliminating practices and policies that interfere with the policy described in Subsection (2); and
(h) arranging sub-minimum wage work or volunteer work for an eligible recipient when employment at market rates cannot be obtained.
(4) The division shall, on an annual basis:
(a) set goals to implement the policy described in Subsection (2) and the plan described in Subsection (3);
(b) determine whether the goals for the previous year have been met; and
(c) modify the plan described in Subsection (3) as needed.
Renumbered and Amended by Chapter 308, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 5 - Health Care - Substance Use and Mental Health › Part 1 - General Provisions › Section 106 - Authority to assess fees.

Effective 5/3/2023
26B-5-106.
Authority to assess fees.
The division may, with the approval of the Legislature and the executive director, establish fee schedules and assess fees for services rendered by the division.
Renumbered and Amended by Chapter 308, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 5 - Health Care - Substance Use and Mental Health › Part 1 - General Provisions › Section 107 - Formula for allocation of funds to local substance abuse authorities and local mental health authorities.

Effective 5/3/2023
26B-5-107.
Formula for allocation of funds to local substance abuse authorities and local mental health authorities.
(1)
(a) The division shall establish, by rule, formulas for allocating funds to local substance abuse authorities and local mental health authorities through contracts, to provide substance use prevention and treatment services in accordance with the provisions of this chapter and Title 17, Chapter 43, Part 2, Local Substance Abuse Authorities, and mental health services in accordance with the provisions of this chapter and Title 17, Chapter 43, Part 3, Local Mental Health Authorities.
(b) The formulas shall provide for allocation of funds based on need. Determination of need shall be based on population unless the division establishes, by valid and accepted data, that other defined factors are relevant and reliable indicators of need.
(c) The formulas shall include a differential to compensate for additional costs of providing services in rural areas.
(2) The formulas established under Subsection (1) apply to all state and federal funds appropriated by the Legislature to the division for local substance abuse authorities and local mental health authorities, but does not apply to:
(a) funds that local substance abuse authorities and local mental health authorities receive from sources other than the division;
(b) funds that local substance abuse authorities and local mental health authorities receive from the division to operate specific programs within their jurisdictions which are available to all residents of the state;
(c) funds that local substance abuse authorities and local mental health authorities receive from the division to meet needs that exist only within their local areas; and
(d) funds that local substance abuse authorities and local mental health authorities receive from the division for research projects.
Renumbered and Amended by Chapter 308, 2023 General Session