reglab/statecodes huggingface dataset:
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 4 - Health Care - Delivery and Access › Part 3 - Health Care Access › Section 310 - Department to award primary care grants -- Applications.

Effective 5/3/2023
26B-4-310.
Department to award primary care grants -- Applications.
(1) Within appropriations specified by the Legislature for this purpose, the department may, in accordance with the recommendation of the committee, award a grant to a public or nonprofit entity to provide primary health care to a medically underserved population.
(2) When awarding a grant under Subsection (1), the department shall, in accordance with the committee's recommendation, consider:
(a) the content of a grant application submitted to the department;
(b) whether an application is submitted in the manner and form prescribed by the department; and
(c) the criteria established in Section 26B-4-311.
(3) The application for a grant under Subsection (2)(a) shall contain:
(a) a requested award amount;
(b) a budget; and
(c) a narrative plan of the manner in which the applicant intends to provide the primary health care described in Subsection (1).
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 311 - Content of primary care grant applications.

Effective 5/3/2023
26B-4-311.
Content of primary care grant applications.
An applicant for a grant under Section 26B-4-310 shall include, in an application:
(1) a statement of specific, measurable objectives, and the methods the applicant will use to assess the achievement of those objectives;
(2) the precise boundaries of the area the applicant will serve, including a description of the medically underserved population the applicant will serve using the grant;
(3) the results of a need assessment that demonstrates that the population the applicant will serve has a need for the services provided by the applicant;
(4) a description of the personnel responsible for carrying out the activities of the grant along with a statement justifying the use of any grant funds for the personnel;
(5) evidence that demonstrates the applicant's existing financial and professional assistance and any attempts by the applicant to obtain financial and professional assistance;
(6) a list of services the applicant will provide;
(7) the schedule of fees, if any, the applicant will charge;
(8) the estimated number of individuals the applicant will serve with the grant award; and
(9) any other information required by the department in consultation with the committee.
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 312 - Process and criteria for awarding primary care grants.

Effective 5/3/2023
26B-4-312.
Process and criteria for awarding primary care grants.
(1) The department shall review and rank applications based on the criteria in this section and transmit the applications to the committee for review.
(2) The committee shall, after reviewing the applications transferred to the committee under Subsection (1), make recommendations to the executive director.
(3) The executive director shall, in accordance with the committee's recommendations, decide which applications to award grants under Subsection 26B-4-310(1).
(4) The department shall establish rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, governing the application form, the process, and the criteria the department will use in reviewing, ranking, and awarding grants and contracts under this part.
(5) When reviewing, ranking, and awarding a primary care grant under Subsection 26B-4-310(1), the department shall consider the extent to which an applicant:
(a) demonstrates that the area or a population group the applicant will serve under the application has a shortage of primary health care and that the primary health care will be located so that it provides assistance to the greatest number of individuals in the population group;
(b) utilizes other sources of funding, including private funding, to provide primary health care;
(c) demonstrates the ability and expertise to serve a medically underserved population;
(d) agrees to submit a report to the committee annually; and
(e) meets other criteria determined by the department in consultation with the committee.
(6) The department may use up to 5% of the funds appropriated by the Legislature to the primary care grant program to pay the costs of administering 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 3 - Health Care Access › Section 314 - Assistance to rural communities by department.

Effective 5/3/2023
26B-4-314.
Assistance to rural communities by department.
The department shall assist rural communities in dealing with primary health care needs relating to recruiting health professionals, planning, and technical assistance. The department shall assist the communities, at their request, at any stage of development of new or expanded primary health care services and shall work with them to improve primary health care by providing information to increase the effectiveness of their systems, to decrease duplication and fragmentation of services, and to maximize community use of private gifts, and local, state, and federal grants and contracts.
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 315 - Responsibility of department for coordinating rural health programs.

Effective 5/3/2023
26B-4-315.
Responsibility of department for coordinating rural health programs.
The department shall be the lead agency responsible for coordinating rural health programs and shall ensure that resources available for rural health are efficiently and effectively used.
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 316 - Rural health development initiatives.

Effective 5/3/2023
26B-4-316.
Rural health development initiatives.
(1)
(a) University of Utah Health shall use any appropriations it receives for developing area health education centers to establish and maintain an area health education center program in accordance with this section.
(b) Implementation and execution of the area health education center program is contingent upon appropriations from the Legislature.
(2)
(a) The area health education center program shall consist of a central program office at University of Utah Health. The program office shall establish and operate a statewide, decentralized, regional program with emphasis on addressing rural health professions workforce education and training needs.
(b) The area health education center program shall have three regional centers serving the following geographic areas:
(i) the northern center serving Box Elder, Cache, Davis, Rich, Weber, and Morgan counties;
(ii) the crossroads center serving Salt Lake, Wasatch, Summit, Tooele, and Utah counties; and
(iii) the southern center serving Juab, Millard, Piute, Sanpete, Sevier, Wayne, Carbon, Daggett, Duchesne, Emery, Grand, San Juan, Uintah, Beaver, Garfield, Iron, Kane, and Washington counties.
(3) The area health education center program shall attempt to acquire funding from state, local, federal, and private sources.
(4) Each area health education center shall provide community-based health professions education programming for the geographic area described in Subsection (2)(b) 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 317 - Rural County Health Care Special Service District Retirement Grant Program.

Effective 5/3/2023
26B-4-317.
Rural County Health Care Special Service District Retirement Grant Program.
(1) As used in this section:
(a) "Participating employer" means an employer that was required to participate in the Utah State Retirement System under Section 49-12-201, 49-12-202, 49-13-201, or 49-13-202.
(b) "Retirement liability" means an obligation in excess of $750,000 owed to the Utah State Retirement Office by a rural county health care special service district as a participating employer.
(c) "Rural county health care special service district" means a special service district formed to provide health care in a third, fourth, fifth, or sixth class county as defined in Section 17-50-501.
(2) Because there is a compelling statewide public purpose in promoting health care in Utah's rural counties, and particularly in ensuring the continued existence and financial viability of hospital services provided by rural county health care special service districts, there is created a grant program to assist rural county health care special service districts in meeting a retirement liability.
(3)
(a) Subject to legislative appropriation and this Subsection (3), the department shall make grants to rural county health care special service districts.
(b) To qualify for a grant, a rural county health care special service district shall:
(i) file a grant application with the department detailing:
(A) the name of the rural county health care special service district;
(B) the estimated total amount of the retirement liability;
(C) the grant amount that the rural county health care special service district is requesting; and
(D) the amount of matching funds to be provided by the rural county health care special service district to help fund the retirement liability as required by Subsection (3)(d); and
(ii) commit to provide matching funds as required by Subsection (3)(d).
(c) The department shall review each grant application and, subject to legislative appropriation, award grants to each rural health care special service district that qualifies for a grant under Subsection (3)(b).
(d) The department may not award a grant to a rural county health care special service district unless the rural county health care special service district commits to provide matching funds to the grant equal to at least 40% of the amount of the grant.
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 318 - Maternal and child health provided by department.

Effective 5/3/2023
26B-4-318.
Maternal and child health provided by department.
The department shall, as funding permits, provide for maternal and child health services and services for children with a disability if the individual needs the services and the individual cannot reasonably obtain the services from other sources.
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 319 - Testing of newborn infants.

Effective 5/3/2023
26B-4-319.
Testing of newborn infants.
(1) Except in the case where parents object on the grounds that they are members of a specified, well-recognized religious organization whose teachings are contrary to the tests required by this section, a newborn infant shall be tested for:
(a) phenylketonuria (PKU);
(b) other heritable disorders which may result in an intellectual or physical disability or death and for which:
(i) a preventive measure or treatment is available; and
(ii) there exists a reliable laboratory diagnostic test method;
(c)
(i) an infant born in a hospital with 100 or more live births annually, hearing loss; and
(ii) an infant born in a setting other than a hospital with 100 or more live births annually, hearing loss; and
(d) critical congenital heart defects using pulse oximetry.
(2) In accordance with Section 26B-1-209, the department may charge fees for:
(a) materials supplied by the department to conduct tests required under Subsection (1);
(b) tests required under Subsection (1) conducted by the department;
(c) laboratory analyses by the department of tests conducted under Subsection (1); and
(d) the administrative cost of follow-up contacts with the parents or guardians of tested infants.
(3) Tests for hearing loss described in Subsection (1) shall be based on one or more methods approved by the Newborn Hearing Screening Committee created in Section 26B-1-432, including:
(a) auditory brainstem response;
(b) automated auditory brainstem response; and
(c) evoked otoacoustic emissions.
(4) Results of tests for hearing loss described in Subsection (1) shall be reported to:
(a) the department; and
(b) when results of tests for hearing loss under Subsection (1) suggest that additional diagnostic procedures or medical interventions are necessary:
(i) a parent or guardian of the infant;
(ii) an early intervention program administered by the department in accordance with Part C of the Individuals with Disabilities Education Act, 20 U.S.C. Sec. 1431 et seq.; and
(iii) the Utah Schools for the Deaf and the Blind, created in Section 53E-8-201.
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 320 - Dental health programs -- Appointment of director.

Effective 5/3/2023
26B-4-320.
Dental health programs -- Appointment of director.
The department shall establish and promote programs to protect and improve the dental health of the public. The executive director shall appoint a director of the dental health program who shall be a dentist licensed in the state with at least one year of training in an accredited school of public health or not less than two years of experience in public health dentistry.
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 321 - Immunizations -- Consent of minor to treatment.

Effective 5/3/2023
26B-4-321.
Immunizations -- Consent of minor to treatment.
(1) This section:
(a) is not intended to interfere with the integrity of the family or to minimize the rights of parents or children; and
(b) applies to a minor, who at the time care is sought is:
(i) married or has been married;
(ii) emancipated as provided for in Section 80-7-105;
(iii) a parent with custody of a minor child; or
(iv) pregnant.
(2)
(a) A minor described in Subsections (1)(b)(i) and (ii) may consent to:
(i) vaccinations against epidemic infections and communicable diseases as defined in Section 26B-7-201; and
(ii) examinations and vaccinations required to attend school as provided in Title 53G, Public Education System -- Local Administration.
(b) A minor described in Subsections (1)(b)(iii) and (iv) may consent to the vaccinations described in Subsections (2)(a)(i) and (ii), and the vaccine for human papillomavirus only if:
(i) the minor represents to the health care provider that the minor is an abandoned minor as defined in Section 76-5-109.3; and
(ii) the health care provider makes a notation in the minor's chart that the minor represented to the health care provider that the minor is an abandoned minor under Section 76-5-109.3.
(c) Nothing in Subsection (2)(a) or (b) requires a health care provider to immunize a minor.
(3) The consent of the minor pursuant to this section:
(a) is not subject to later disaffirmance because of the minority of the person receiving the medical services;
(b) is not voidable because of minority at the time the medical services were provided;
(c) has the same legal effect upon the minor and the same legal obligations with regard to the giving of consent as consent given by a person of full age and capacity; and
(d) does not require the consent of any other person or persons to authorize the medical services described in Subsections (2)(a) and (b).
(4) A health care provider who provides medical services to a minor in accordance with the provisions of this section is not subject to civil or criminal liability for providing the services described in Subsections (2)(a) and (b) without obtaining the consent of another person prior to rendering the medical services.
(5) This section does not remove the requirement for parental consent or notice when required by Section 76-7-304 or 76-7-304.5.
(6) The parents, parent, or legal guardian of a minor who receives medical services pursuant to Subsections (2)(a) and (b) are not liable for the payment for those services unless the parents, parent, or legal guardian consented to the 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 3 - Health Care Access › Section 323 - Reporting results of a test for hearing loss.

Effective 5/3/2023
26B-4-323.
Reporting results of a test for hearing loss.
(1) As used in this section, "health care provider" means the same as that term is defined in Section 78B-3-403.
(2) Except as provided in Subsection (3), a health care provider shall report results of a test for hearing loss to the Utah Schools for the Deaf and the Blind if:
(a) the results suggest that additional diagnostic procedures or medical interventions are necessary; and
(b) the individual tested for hearing loss is under the age of 22.
(3) A health care provider may not make the report of an individual's results described in Subsection (2) if the health care provider receives a request to not make the report from:
(a) the individual, if the individual is not a minor; or
(b) the individual's parent or guardian, if the individual is a minor.
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 324 - Department to award grants for assistance to persons with bleeding disorders.

Effective 5/3/2023
26B-4-324.
Department to award grants for assistance to persons with bleeding disorders.
(1) As used in this section:
(a) "Hemophilia services" means a program for medical care, including the costs of blood transfusions, and the use of blood derivatives and blood clotting factors.
(b) "Person with a bleeding disorder" means a person:
(i) who is medically diagnosed with hemophilia or a bleeding disorder;
(ii) who is not eligible for Medicaid or the Children's Health Insurance Program; and
(iii) who meets one or more of the following:
(A) the person's insurance coverage excludes coverage for hemophilia services;
(B) the person has exceeded the person's insurance plan's annual maximum benefits;
(C) the person has exceeded the person's annual or lifetime maximum benefits payable under private health insurance; or
(D) the premiums for the person's private insurance coverage, or cost sharing under private coverage, are greater than a percentage of the person's annual adjusted gross income as established by the department by administrative rule.
(2)
(a) Within appropriations specified by the Legislature for this purpose, the department shall make grants to public and nonprofit entities who assist persons with bleeding disorders with the cost of obtaining hemophilia services or the cost of insurance premiums for coverage of hemophilia services.
(b) Applicants for grants under this section:
(i) shall be submitted to the department in writing; and
(ii) shall comply with Subsection (3).
(3) Applications for grants under this section shall include:
(a) a statement of specific, measurable objectives, and the methods to be used to assess the achievement of those objectives;
(b) a description of the personnel responsible for carrying out the activities of the grant along with a statement justifying the use of any grant funds for the personnel;
(c) letters and other forms of evidence showing that efforts have been made to secure financial and professional assistance and support for the services to be provided under the grant;
(d) a list of services to be provided by the applicant;
(e) the schedule of fees to be charged by the applicant; and
(f) other provisions as determined by the department.
(4) The department may accept grants, gifts, and donations of money or property for use by the grant program.
(5) The department shall establish rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, governing the application form, process, and criteria it will use in awarding grants under 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 325 - Medical care for inmates -- Reporting of statistics.

Effective 5/3/2023
26B-4-325.
Medical care for inmates -- Reporting of statistics.
As used in this section:
(1) "Correctional facility" means a facility operated to house inmates in a secure or nonsecure setting:
(a) by the Department of Corrections; or
(b) under a contract with the Department of Corrections.
(2) "Health care facility" means the same as that term is defined in Section 26B-2-201.
(3) "Inmate" means an individual who is:
(a) committed to the custody of the Department of Corrections; and
(b) housed at a correctional facility or at a county jail at the request of the Department of Corrections.
(4) "Medical monitoring technology" means a device, application, or other technology that can be used to improve health outcomes and the experience of care for patients, including evidence-based clinically evaluated software and devices that can be used to monitor and treat diseases and disorders.
(5) "Terminally ill" means the same as that term is defined in Section 31A-36-102.
(6) The department shall:
(a) for each health care facility owned or operated by the Department of Corrections, assist the Department of Corrections in complying with Section 64-13-39;
(b) create policies and procedures for providing services to inmates; and
(c) in coordination with the Department of Corrections, develop standard population indicators and performance measures relating to the health of inmates.
(7) Beginning July 1, 2023, and ending June 30, 2024, the department shall:
(a) evaluate and study the use of medical monitoring technology and create a plan for a pilot program that identifies:
(i) the types of medical monitoring technology that will be used during the pilot program; and
(ii) eligibility for participation in the pilot program; and
(b) make the indicators and performance measures described in Subsection (6)(c) available to the public through the Department of Corrections and the department websites.
(8) Beginning July 1, 2024, and ending June 30, 2029, the department shall implement the pilot program.
(9) The department shall submit to the Health and Human Services Interim Committee and the Law Enforcement and Criminal Justice Interim Committee:
(a) a report on or before October 1 of each year regarding the costs and benefits of the pilot program;
(b) a report that summarizes the indicators and performance measures described in Subsection (6)(c) on or before October 1, 2024; and
(c) an updated report before October 1 of each year that compares the indicators and population measures of the most recent year to the initial report described in Subsection (9)(b).
Enacted by Chapter 322, 2023 General Session
Technically renumbered to avoid duplication of newly enacted Chapter also in SB 40, Chapter 307.
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 4 - Health Care - Delivery and Access › Part 4 - School Health › Section 402 - Plan for school health services.

Effective 5/3/2023
26B-4-402.
Plan for school health services.
The department shall establish a plan for school health services for pupils in elementary and secondary schools. The department shall cooperate with the State Board of Education and local health departments in developing such plan and shall coordinate activities between these agencies. The plan may provide for the delivery of health services by and through intermediate and local school districts and local health departments.
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 4 - School Health › Section 403 - Adoption and enforcement of concussion and head injury policy -- Notice of policy to parent or guardian.

Effective 5/3/2023
26B-4-403.
Adoption and enforcement of concussion and head injury policy -- Notice of policy to parent or guardian.
Each amateur sports organization shall:
(1) adopt and enforce a concussion and head injury policy that:
(a) is consistent with the requirements of Section 26B-4-404; and
(b) describes the nature and risk of:
(i) a concussion or a traumatic head injury; and
(ii) continuing to participate in a sporting event after sustaining a concussion or a traumatic head injury;
(2) ensure that each agent of the amateur sports organization is familiar with, and has a copy of, the concussion and head injury policy; and
(3) before permitting a child to participate in a sporting event of the amateur sports organization:
(a) provide a written copy of the concussion and head injury policy to a parent or legal guardian of a child; and
(b) obtain the signature of a parent or legal guardian of the child, acknowledging that the parent or legal guardian has read, understands, and agrees to abide by, the concussion and head injury policy.
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 4 - School Health › Section 404 - Removal of child suspected of sustaining concussion or a traumatic head injury -- Medical clearance required before return to participation.

Effective 5/3/2023
26B-4-404.
Removal of child suspected of sustaining concussion or a traumatic head injury -- Medical clearance required before return to participation.
(1) An amateur sports organization, and each agent of the amateur sports organization, shall:
(a) immediately remove a child from participating in a sporting event of the amateur sports organization if the child is suspected of sustaining a concussion or a traumatic head injury; and
(b) prohibit the child described in Subsection (1)(a) from participating in a sporting event of the amateur sports organization until the child:
(i) is evaluated by a qualified health care provider who is trained in the evaluation and management of a concussion; and
(ii) provides the amateur sports organization with a written statement from the qualified health care provider described in Subsection (1)(b)(i) stating that:
(A) the qualified health care provider has, within three years before the day on which the written statement is made, successfully completed a continuing education course in the evaluation and management of a concussion; and
(B) the child is cleared to resume participation in the sporting event of the amateur sports organization.
(2) This section does not create a new cause of action.
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 4 - School Health › Section 405 - School nurses evaluating student injuries.

Effective 5/3/2023
26B-4-405.
School nurses evaluating student injuries.
(1) A school nurse may assess a child who is suspected of sustaining a concussion or a traumatic head injury during school hours on school property regardless of whether the nurse has received specialized training in the evaluation and management of a concussion.
(2) A school nurse who does not meet the requirements of Subsections 26B-4-404(1)(b)(i) and (1)(b)(ii)(A), but who assesses a child who is suspected of sustaining a concussion or traumatic head injury under Subsection (1):
(a) shall refer the child to a qualified health care provider who is trained in the evaluation and management of a concussion; and
(b) may not provide a written statement permitting the child to resume participation in free play or physical education class under Subsection 26B-4-404(1)(b)(ii).
(3) A school nurse shall undergo training in the evaluation and management of a concussion, as funding allows.
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 4 - School Health › Section 408 - Training in use and storage of stock albuterol.

Effective 5/3/2023
26B-4-408.
Training in use and storage of stock albuterol.
(1)
(a) Each primary and secondary school in the state, both public and private, shall make initial and annual refresher training regarding the storage and emergency use of stock albuterol available to a teacher or school employee who volunteers to become a qualified adult.
(b) The training described in Subsection (1)(a) shall be provided by the department.
(2) A person who provides training under Subsection (1) or (6) shall include in the training:
(a) techniques for recognizing symptoms of an asthma emergency;
(b) standards and procedures for the storage and emergency use of stock albuterol;
(c) emergency follow-up procedures, and contacting, if possible, the student's parent; and
(d) written materials covering the information required under this Subsection (2).
(3) A qualified adult shall retain for reference the written materials prepared in accordance with Subsection (2)(d).
(4)
(a) A public or private school shall permit a student to possess and self-administer asthma medication if:
(i) the student's parent or guardian signs a statement:
(A) authorizing the student to self-administer asthma medication; and
(B) acknowledging that the student is responsible for, and capable of, self-administering the asthma medication; and
(ii) the student's health care provider provides a written statement that states:
(A) it is medically appropriate for the student to self-administer asthma medication and be in possession of asthma medication at all times; and
(B) the name of the asthma medication prescribed or authorized for the student's use.
(b) Section 53G-8-205 does not apply to the possession and self-administration of asthma medication in accordance with this section.
(5) The department, in cooperation with the state superintendent of public instruction, shall design forms to be used by public and private schools for the parental and health care provider statements described in Subsection (4).
(6) The department:
(a) shall approve educational programs conducted by other persons to train:
(i) people under Subsection (6)(b), regarding the proper use and storage of stock albuterol; and
(ii) a qualified stock albuterol entity regarding the proper storage and emergency use of stock albuterol; and
(b) may conduct educational programs to train people regarding the use of and storage of stock albuterol.
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 4 - School Health › Section 410 - Immunity from liability.

Effective 5/3/2023
26B-4-410.
Immunity from liability.
(1) The following, if acting in good faith, are not liable in any civil or criminal action for any act taken or not taken under the authority of Sections 26B-4-406 through 26B-4-411 with respect to an anaphylactic reaction or asthma emergency:
(a) a qualified adult;
(b) a physician, pharmacist, or any other person or entity authorized to prescribe or dispense prescription drugs;
(c) a person who conducts training described in Section 26B-4-407 or 26B-4-408;
(d) a qualified epinephrine auto-injector entity; and
(e) a qualified stock albuterol entity.
(2) Section 53G-9-502 does not apply to the administration of an epinephrine auto-injector or stock albuterol in accordance with this part.
(3) This section does not eliminate, limit, or reduce any other immunity from liability or defense against liability that may be available under state law.
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 4 - School Health › Section 411 - Administrative rulemaking authority.

Effective 5/3/2023
26B-4-411.
Administrative rulemaking authority.
The department shall adopt rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to:
(1) establish and approve training programs in accordance with Sections 26B-4-407 and 26B-4-408;
(2) establish a procedure for determining who is eligible for training as a qualified adult under Subsection 26B-4-407(6)(b)(v); and
(3) establish standards for storage of:
(a) emergency auto-injectors by a qualified epinephrine auto-injector entity under Section 26B-4-407; and
(b) stock albuterol by a qualified stock albuterol entity under Section 26B-4-408.
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 5 - Treatment Access › Section 503 - Voluntary participation.

Effective 5/3/2023
26B-4-503.
Voluntary participation.
Sections 26B-4-504 through 26B-4-507 do not create a duty or standard of care for a person to prescribe or dispense a self-administered hormonal contraceptive.
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 5 - Treatment Access › Section 504 - Authorization to dispense self-administered hormonal contraceptives.

Effective 5/3/2023
26B-4-504.
Authorization to dispense self-administered hormonal contraceptives.
Notwithstanding Title 58, Chapter 17b, Pharmacy Practice Act, a person licensed under Title 58, Chapter 17b, Pharmacy Practice Act, to dispense a self-administered hormonal contraceptive may dispense the self-administered hormonal contraceptive:
(1) to a patient who is 18 years old or older;
(2) pursuant to a standing prescription drug order made in accordance with Section 26B-4-505;
(3) without any other prescription drug order from a person licensed to prescribe a self-administered hormonal contraceptive; and
(4) in accordance with the dispensing guidelines in Section 26B-4-506.
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 5 - Treatment Access › Section 505 - Standing prescription drug orders for a self-administered hormonal contraceptive.

Effective 5/3/2023
26B-4-505.
Standing prescription drug orders for a self-administered hormonal contraceptive.
A physician who is licensed to prescribe a self-administered hormonal contraceptive, including a physician acting in the physician's capacity as an employee of the department, or a medical director of a local health department, may issue a standing prescription drug order authorizing the dispensing of the self-administered hormonal contraceptive under Section 26B-4-504 in accordance with a protocol that:
(1) requires the physician to specify the persons, by professional license number, authorized to dispense the self-administered hormonal contraceptive;
(2) requires the physician to review at least annually the dispensing practices of those authorized by the physician to dispense the self-administered hormonal contraceptive;
(3) requires those authorized by the physician to dispense the self-administered hormonal contraceptive to make and retain a record of each person to whom the self-administered hormonal contraceptive is dispensed, including:
(a) the name of the person;
(b) the drug dispensed; and
(c) other relevant information; and
(4) is approved by the department by administrative rule made 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 5 - Treatment Access › Section 506 - Guidelines for dispensing a self-administered hormonal contraceptive.

Effective 5/3/2023
26B-4-506.
Guidelines for dispensing a self-administered hormonal contraceptive.
(1) A pharmacist or pharmacist intern who dispenses a self-administered hormonal contraceptive under Section 26B-4-504:
(a) shall obtain a completed self-screening risk assessment questionnaire, that has been approved by the division in collaboration with the Board of Pharmacy and the Physicians Licensing Board, from the patient before dispensing the self-administered hormonal contraceptive;
(b) if the results of the evaluation in Subsection (1)(a) indicate that it is unsafe to dispense a self-administered hormonal contraceptive to a patient:
(i) may not dispense a self-administered hormonal contraceptive to the patient; and
(ii) shall refer the patient to a primary care or women's health care practitioner;
(c) may not continue to dispense a self-administered hormonal contraceptive to a patient for more than 24 months after the date of the initial prescription without evidence that the patient has consulted with a primary care or women's health care practitioner during the preceding 24 months; and
(d) shall provide the patient with:
(i) written information regarding:
(A) the importance of seeing the patient's primary care practitioner or women's health care practitioner to obtain recommended tests and screening; and
(B) the effectiveness and availability of long-acting reversible contraceptives as an alternative to self-administered hormonal contraceptives; and
(ii) a copy of the record of the encounter with the patient that includes:
(A) the patient's completed self-assessment tool; and
(B) a description of the contraceptives dispensed, or the basis for not dispensing a contraceptive.
(2) If a pharmacist dispenses a self-administered hormonal contraceptive to a patient, the pharmacist shall, at a minimum, provide patient counseling to the patient regarding:
(a) the appropriate administration and storage of the self-administered hormonal contraceptive;
(b) potential side effects and risks of the self-administered hormonal contraceptive;
(c) the need for backup contraception;
(d) when to seek emergency medical attention; and
(e) the risk of contracting a sexually transmitted infection or disease, and ways to reduce the risk of contraction.
(3) The division, in collaboration with the Board of Pharmacy and the Physicians Licensing Board, shall make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, establishing the self-screening risk assessment questionnaire described in Subsection (1)(a).
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 5 - Treatment Access › Section 507 - Limited civil liability.

Effective 5/3/2023
26B-4-507.
Limited civil liability.
A physician who issues a standing prescription drug order in accordance with Section 26B-4-505 is not liable for any civil damages for acts or omissions resulting from the dispensing of a self-administered hormonal contraceptive under Sections 26B-4-504 through 26B-4-506.
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 5 - Treatment Access › Section 508 - Voluntary participation.

Effective 5/3/2023
26B-4-508.
Voluntary participation.
Sections 26B-4-509 through 26B-4-514 do not create a duty or standard of care for a person to prescribe or administer an opiate antagonist.
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 5 - Treatment Access › Section 510 - Standing prescription drug orders for an opiate antagonist.

Effective 5/3/2023
26B-4-510.
Standing prescription drug orders for an opiate antagonist.
(1) Notwithstanding Title 58, Chapter 17b, Pharmacy Practice Act, a person licensed under Title 58, Chapter 17b, Pharmacy Practice Act, to dispense an opiate antagonist may dispense the opiate antagonist:
(a) pursuant to a standing prescription drug order made in accordance with Subsection (2); and
(b) without any other prescription drug order from a person licensed to prescribe an opiate antagonist.
(2) A physician who is licensed to prescribe an opiate antagonist, including a physician acting in the physician's capacity as an employee of the department, or a medical director of a local health department, as defined in Section 26B-4-512, may issue a standing prescription drug order authorizing the dispensing of the opiate antagonist under Subsection (1) in accordance with a protocol that:
(a) limits dispensing of the opiate antagonist to:
(i) an individual who is at increased risk of experiencing an opiate-related drug overdose event;
(ii) a family member of, friend of, or other person, including a person described in Subsections 26B-4-512(1)(a)(i)(A) through (1)(a)(i)(F), that is in a position to assist an individual who is at increased risk of experiencing an opiate-related drug overdose event; or
(iii) an overdose outreach provider for:
(A) furnishing to an individual who is at increased risk of experiencing an opiate-related drug overdose event, or to a family member of, friend of, or other individual who is in a position to assist an individual who is at increased risk of experiencing an opiate-related drug overdose event, as provided in Section 26B-4-511; or
(B) administering to an individual experiencing an opiate-related drug overdose event;
(b) requires the physician to specify the persons, by professional license number, authorized to dispense the opiate antagonist;
(c) requires the physician to review at least annually the dispensing practices of those authorized by the physician to dispense the opiate antagonist;
(d) requires those authorized by the physician to dispense the opiate antagonist to make and retain a record of each person to whom the opiate antagonist is dispensed, which shall include:
(i) the name of the person;
(ii) the drug dispensed; and
(iii) other relevant information; and
(e) is approved by the Division of Professional Licensing within the Department of Commerce by administrative rule made 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 5 - Treatment Access › Section 511 - Overdose outreach providers.

Effective 5/3/2023
26B-4-511.
Overdose outreach providers.
Notwithstanding Sections 58-1-501, 58-17b-501, and 58-17b-502:
(1) an overdose outreach provider may:
(a) obtain an opiate antagonist dispensed on prescription by:
(i) a health care provider, in accordance with Subsections 26B-4-509(2) and (3); or
(ii) a pharmacist or pharmacy intern, as otherwise authorized by Title 58, Chapter 17b, Pharmacy Practice Act;
(b) store the opiate antagonist; and
(c) furnish the opiate antagonist:
(i)
(A) to an individual who is at increased risk of experiencing an opiate-related drug overdose event; or
(B) to a family member, friend, overdose outreach provider, or other individual who is in a position to assist an individual who is at increased risk of experiencing an opiate-related drug overdose event; and
(ii) without liability for any civil damages for acts or omissions made as a result of furnishing the opiate antagonist in good faith; and
(2) when furnishing an opiate antagonist under Subsection (1), an overdose outreach provider:
(a) shall also furnish to the recipient of the opiate antagonist:
(i) the written instruction under Subsection 26B-4-504(3) received by the overdose outreach provider from the health care provider at the time the opiate antagonist was dispensed to the overdose outreach provider; or
(ii) if the opiate antagonist was dispensed to the overdose outreach provider by a pharmacist or pharmacy intern, any written patient counseling under Section 58-17b-613 received by the overdose outreach provider at the time of dispensing; and
(b) may provide additional instruction on how to recognize and respond appropriately to an opiate-related drug overdose event.
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 5 - Treatment Access › Section 513 - Coprescription guidelines.

Effective 5/3/2023
26B-4-513.
Coprescription guidelines.
(1) As used in this section:
(a) "Controlled substance prescriber" means the same as that term is defined in Section 58-37-6.5.
(b) "Coprescribe" means to issue a prescription for an opiate antagonist with a prescription for an opiate.
(2) The department shall, in consultation with the Physicians Licensing Board created in Section 58-67-201, the Osteopathic Physician and Surgeon's Licensing Board created in Section 58-68-201, and the Division of Professional Licensing created in Section 58-1-103, establish by rule, made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, scientifically based guidelines for controlled substance prescribers to coprescribe an opiate antagonist to a patient.
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 5 - Treatment Access › Section 514 - Opiate abuse prevention pamphlet.

Effective 5/3/2023
26B-4-514.
Opiate abuse prevention pamphlet.
(1) As funding is available, the department shall produce and distribute, in conjunction with the Office of Substance Use and Mental Health, a pamphlet about opiates that includes information regarding:
(a) the risk of dependency and addiction;
(b) methods for proper storage and disposal;
(c) alternative options for pain management;
(d) the benefits of and ways to obtain naloxone; and
(e) resources if the patient believes that the patient has a substance use disorder.
(2) The pamphlet described in Subsection (1) shall be:
(a) evaluated periodically for effectiveness at conveying necessary information and revised accordingly;
(b) written in simple and understandable language; and
(c) available in English and other languages that the department determines to be appropriate and necessary.
Renumbered and Amended by Chapter 307, 2023 General Session