Bill Summary – FastDemocracy

Enrolled Copy                                                                      H.B. 336
                         SUICIDE PREVENTION AMENDMENTS
                                        2021 GENERAL SESSION
                                           STATE OF UTAH
                                 Chief Sponsor: Steve Eliason
                             Senate Sponsor: Michael S. Kennedy
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 LONG TITLE
 General Description:
        This bill amends and creates programs to address suicide.
 Highlighted Provisions:
        This bill:
        < defines terms;
        < creates a reporting requirement regarding youth suicides;
        < allows the Utah medical examiner to obtain certain information;
        < changes a program that helps Utah residents purchase a firearm safe from a coupon
 program to a rebate program;
        < requires the Division of Substance Abuse and Mental Health to administer a
 program to provide training to health care organizations related to reducing
 suicides;
        < eliminates a grant application requirement for an individual to receive funds for
 clean-up and bereavement services; and
        < makes technical changes.
 Money Appropriated in this Bill:
        This bill appropriates in fiscal year 2022:
        < to the Department of Human Services -- Division of Substance Abuse and Mental
 Health, as an ongoing appropriation:
             C   from the General Fund, $350,000.
 Other Special Clauses:
        None
       H.B. 336                                                                         Enrolled Copy
 Utah Code Sections Affected:
 AMENDS:
         26-33a-109, as last amended by Laws of Utah 2020, Chapter 90
         53-5-707, as last amended by Laws of Utah 2019, Chapter 440
         62A-15-103, as last amended by Laws of Utah 2020, Chapter 193
         62A-15-1501, as enacted by Laws of Utah 2019, Chapter 447
         62A-15-1502, as enacted by Laws of Utah 2019, Chapter 447
         63I-2-226, as last amended by Laws of Utah 2020, Chapters 154, 187, 215, and 354
         76-10-526, as last amended by Laws of Utah 2019, Chapters 386 and 440
 ENACTS:
         26-4-6.1, Utah Code Annotated 1953
         62A-15-120, Utah Code Annotated 1953
42
 Be it enacted by the Legislature of the state of Utah:
         Section 1. Section 26-4-6.1 is enacted to read:
         26-4-6.1. Youth suicide report.
         (1) Before September 30, 2021, the medical examiner shall report to the Health and
 Human Services Interim Committee regarding:
         (a) any data obtained from the past 10 years pertaining to youth suicides in the state,
 including any demographic data the medical examiner has obtained;
         (b) insights learned from studying and investigating youth suicide;
         (c) possible explanations for why youth in the state die by suicide; and
         (d) recommendations to inform public health and legislative policy for reducing youth
 suicide in the future.
         (2) The medical examiner may not disclose data described in Subsection (1)(a) if the
 medical examiner determines that disclosing specific data would lead to harm.
         Section 2. Section 26-33a-109 is amended to read:
         26-33a-109. Exceptions to prohibition on disclosure of identifiable health data.
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       Enrolled Copy                                                                           H.B. 336
          (1) The committee may not disclose any identifiable health data unless:
          (a) the individual has authorized the disclosure;
          (b) the disclosure is to the department or a public health authority in accordance with
 Subsection (2); or
          (c) the disclosure complies with the provisions of:
          (i) Subsection (3);
          (ii) insurance enrollment and coordination of benefits under Subsection
 26-33a-106.1(1)(d); or
          (iii) risk adjusting under Subsection 26-33a-106.1(1)(b).
          (2) The committee may disclose identifiable health data to the department or a public
 health authority under Subsection (1)(b) if:
          (a) the department or the public health authority has clear statutory authority to possess
 the identifiable health data; and
          (b) the disclosure is solely for use [in]:
          (i) in the Utah Statewide Immunization Information System operated by the
 department; [or]
          (ii) in the Utah Cancer Registry operated by the University of Utah, in collaboration
 with the department[.]; or
          (iii) by the medical examiner, as defined in Section 26-4-2, or the medical examiner's
 designee.
          (3) The committee shall consider the following when responding to a request for
 disclosure of information that may include identifiable health data:
          (a) whether the request comes from a person after that person has received approval to
 do the specific research or statistical work from an institutional review board; and
          (b) whether the requesting entity complies with the provisions of Subsection (4).
          (4) A request for disclosure of information that may include identifiable health data
 shall:
          (a) be for a specified period; or
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        H.B. 336                                                                       Enrolled Copy
        (b) be solely for bona fide research or statistical purposes as determined in accordance
 with administrative rules adopted by the department in accordance with Title 63G, Chapter 3,
 Utah Administrative Rulemaking Act, which shall require:
        (i) the requesting entity to demonstrate to the department that the data is required for
 the research or statistical purposes proposed by the requesting entity; and
        (ii) the requesting entity to enter into a written agreement satisfactory to the department
 to protect the data in accordance with this chapter or other applicable law.
        (5) A person accessing identifiable health data pursuant to Subsection (4) may not
 further disclose the identifiable health data:
        (a) without prior approval of the department; and
        (b) unless the identifiable health data is disclosed or identified by control number only.
        (6) Identifiable health data that has been designated by a data supplier as being subject
 to regulation under 42 C.F.R. Part 2, Confidentiality of Substance Use Disorder Patient
 Records, may only be used or disclosed in accordance with applicable federal regulations.
        Section 3. Section 53-5-707 is amended to read:
        53-5-707. Concealed firearm permit -- Fees -- Concealed Weapons Account.
        (1) (a) An applicant for a concealed firearm permit shall pay a fee of $25 at the time of
 filing an application.
        (b) A nonresident applicant shall pay an additional $10 for the additional cost of
 processing a nonresident application.
        (c) The bureau shall waive the initial fee for an applicant who is a law enforcement
 officer under Section 53-13-103.
        (d) Concealed firearm permit renewal fees for active duty service members and the
 spouse of an active duty service member shall be waived.
        (2) The renewal fee for the permit is $20. A nonresident shall pay an additional $5 for
 the additional cost of processing a nonresidential renewal.
        (3) The replacement fee for the permit is $10.
        (4) (a) The late fee for the renewal permit is $7.50.
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        Enrolled Copy                                                                          H.B. 336
         (b) As used in this section, "late fee" means the fee charged by the bureau for a renewal
 submitted on a permit that has been expired for more than 30 days but less than one year.
         (5) (a) There is created a restricted account within the General Fund known as the
 "Concealed Weapons Account."
         (b) The account shall be funded from fees collected under this section and Section
 53-5-707.5.
         (c) Funds in the account may only be used to cover costs relating to:
         (i) the issuance of concealed firearm permits under this part; or
         (ii) the programs described in [Subsections] Subsection 62A-15-103(3) and
 [76-10-526(15) and] Section 62A-15-1101.
         (6) (a) The bureau may collect any fees charged by an outside agency for additional
 services required by statute as a prerequisite for issuance of a permit.
         (b) The bureau shall promptly forward any fees collected under Subsection (6)(a) to the
 appropriate agency.
         (7) The bureau shall make an annual report in writing to the Legislature's Law
 Enforcement and Criminal Justice Interim Committee on the amount and use of the fees
 collected under this section and Section 53-5-707.5.
         Section 4. Section 62A-15-103 is amended to read:
         62A-15-103. Division -- Creation -- Responsibilities.
         (1) (a) There is created the Division of Substance Abuse and Mental Health within the
 department, under the administration and general supervision of the executive director.
         (b) The division is the substance abuse authority and the mental health authority for
 this state.
         (2) The division shall:
         (a) (i) educate the general public regarding the nature and consequences of substance
 abuse by promoting school and community-based prevention programs;
         (ii) render support and assistance to public schools through approved school-based
 substance abuse education programs aimed at prevention of substance abuse;
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        H.B. 336                                                                        Enrolled Copy
        (iii) promote or establish programs for the prevention of substance abuse within the
 community setting through community-based prevention programs;
        (iv) cooperate with and assist treatment centers, recovery residences, and other
 organizations that provide services to individuals recovering from a substance abuse disorder,
 by identifying and disseminating information about effective practices and programs;
        (v) except as provided in Section 62A-15-103.5, make rules in accordance with Title
 63G, Chapter 3, Utah Administrative Rulemaking Act, to develop, in collaboration with public
 and private programs, minimum standards for public and private providers of substance abuse
 and mental health programs licensed by the department under Title 62A, Chapter 2, Licensure
 of Programs and Facilities;
        (vi) promote integrated programs that address an individual's substance abuse, mental
 health, physical health, and criminal risk factors;
        (vii) establish and promote an evidence-based continuum of screening, assessment,
 prevention, treatment, and recovery support services in the community for individuals with
 substance use disorder and mental illness that addresses criminal risk factors;
        (viii) evaluate the effectiveness of programs described in this Subsection (2);
        (ix) consider the impact of the programs described in this Subsection (2) on:
        (A) emergency department utilization;
        (B) jail and prison populations;
        (C) the homeless population; and
        (D) the child welfare system; and
        (x) promote or establish programs for education and certification of instructors to
 educate persons convicted of driving under the influence of alcohol or drugs or driving with
 any measurable controlled substance in the body;
        (b) (i) collect and disseminate information pertaining to mental health;
        (ii) provide direction over the state hospital including approval of the state hospital's
 budget, administrative policy, and coordination of services with local service plans;
        (iii) make rules in accordance with Title 63G, Chapter 3, Utah Administrative
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        Enrolled Copy                                                                           H.B. 336
 Rulemaking Act, to educate families concerning mental illness and promote family
 involvement, when appropriate, and with patient consent, in the treatment program of a family
 member; and
         (iv) make rules in accordance with Title 63G, Chapter 3, Utah Administrative
 Rulemaking Act, to direct that an individual receiving services through a local mental health
 authority or the Utah State Hospital be informed about and, if desired by the individual,
 provided assistance in the completion of a declaration for mental health treatment in
 accordance with Section 62A-15-1002;
         (c) (i) consult and coordinate with local substance abuse authorities and local mental
 health authorities regarding programs and services;
         (ii) provide consultation and other assistance to public and private agencies and groups
 working on substance abuse and mental health issues;
         (iii) promote and establish cooperative relationships with courts, hospitals, clinics,
 medical and social agencies, public health authorities, law enforcement agencies, education and
 research organizations, and other related groups;
         (iv) promote or conduct research on substance abuse and mental health issues, and
 submit to the governor and the Legislature recommendations for changes in policy and
 legislation;
         (v) receive, distribute, and provide direction over public funds for substance abuse and
 mental health services;
         (vi) monitor and evaluate programs provided by local substance abuse authorities and
 local mental health authorities;
         (vii) examine expenditures of local, state, and federal funds;
         (viii) monitor the expenditure of public funds by:
         (A) local substance abuse authorities;
         (B) local mental health authorities; and
         (C) in counties where they exist, a private contract provider that has an annual or
 otherwise ongoing contract to provide comprehensive substance abuse or mental health
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        H.B. 336                                                                       Enrolled Copy
 programs or services for the local substance abuse authority or local mental health authority;
         (ix) contract with local substance abuse authorities and local mental health authorities
 to provide a comprehensive continuum of services that include community-based services for
 individuals involved in the criminal justice system, in accordance with division policy, contract
 provisions, and the local plan;
         (x) contract with private and public entities for special statewide or nonclinical
 services, or services for individuals involved in the criminal justice system, according to
 division rules;
         (xi) review and approve each local substance abuse authority's plan and each local
 mental health authority's plan in order to ensure:
         (A) a statewide comprehensive continuum of substance abuse services;
         (B) a statewide comprehensive continuum of mental health services;
         (C) services result in improved overall health and functioning;
         (D) a statewide comprehensive continuum of community-based services designed to
 reduce criminal risk factors for individuals who are determined to have substance abuse or
 mental illness conditions or both, and who are involved in the criminal justice system;
         (E) compliance, where appropriate, with the certification requirements in Subsection
 (2)(j); and
         (F) appropriate expenditure of public funds;
         (xii) review and make recommendations regarding each local substance abuse
 authority's contract with the local substance abuse authority's provider of substance abuse
 programs and services and each local mental health authority's contract with the local mental
 health authority's provider of mental health programs and services to ensure compliance with
 state and federal law and policy;
         (xiii) monitor and ensure compliance with division rules and contract requirements;
 and
         (xiv) withhold funds from local substance abuse authorities, local mental health
 authorities, and public and private providers for contract noncompliance, failure to comply
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        Enrolled Copy                                                                              H.B. 336
 with division directives regarding the use of public funds, or for misuse of public funds or
 money;
          (d) ensure that the requirements of this part are met and applied uniformly by local
 substance abuse authorities and local mental health authorities across the state;
          (e) require each local substance abuse authority and each local mental health authority,
 in accordance with Subsections 17-43-201(5)(b) and 17-43-301(6)(a)(ii), to submit a plan to
 the division on or before May 15 of each year;
          (f) conduct an annual program audit and review of each local substance abuse authority
 and each local substance abuse authority's contract provider, and each local mental health
 authority and each local mental health authority's contract provider, including:
          (i) a review and determination regarding whether: