LEGISLATIVE GENERAL COUNSEL H.B. 528
6 Approved for Filing: A. Houston 6
6 02-12-24 10:24 AM 6
1 BEHAVIORAL HEALTH AMENDMENTS
2 2024 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Steve Eliason
5 Senate Sponsor: Kirk A. Cullimore
6
7 LONG TITLE
8 General Description:
9 This bill modifies various behavioral health programs.
10 Highlighted Provisions:
11 This bill:
12 < authorizes the Utah State Hospital to contract for certain services;
13 < creates a reporting requirement related to state hospital contracted services and
14 addressing the needs of certain patients;
15 < amends provisions concerning how a health care provider submits a request for an
16 individual who voluntarily requests to be restricted from purchasing or possessing
17 firearms; and
18 < makes technical and conforming changes.
19 Money Appropriated in this Bill:
20 None
21 Other Special Clauses:
22 This bill provides a special effective date.
23 Utah Code Sections Affected:
24 AMENDS:
25 53-5c-301, as last amended by Laws of Utah 2023, Chapter 405
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26 53-5c-302, as enacted by Laws of Utah 2023, Chapter 405
27 63I-1-226 (Superseded 07/01/24), as last amended by Laws of Utah 2023, Chapters
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28 249, 269, 270, 275, 332, 335, 420, and 495 and repealed and reenacted by Laws of Utah 2023,
29 Chapter 329
30 63I-1-226 (Effective 07/01/24), as last amended by Laws of Utah 2023, Chapters 249,
31 269, 270, 275, 310, 332, 335, 420, and 495 and repealed and reenacted by Laws of
32 Utah 2023, Chapter 329 and last amended by Coordination Clause, Laws of Utah
33 2023, Chapters 329, 332
34 ENACTS:
35 26B-5-381, Utah Code Annotated 1953
36
37 Be it enacted by the Legislature of the state of Utah:
38 Section 1. Section 26B-5-381 is enacted to read:
39 26B-5-381. Contracted state hospital services.
40 (1) In accordance with the authority, responsibilities, and duties granted to the division
41 and state hospital under this part, the state hospital may contract with any willing provider to:
42 (a) supervise and treat a patient with a mental illness who has been committed to the
43 state hospital's custody; or
44 (b) facilitate the reentry of a discharged patient into the community.
45 (2) A provider who enters into a contract with the state hospital under Subsection (1)
46 shall provide a level of supervision and security that is equal to or greater than the level of
47 supervision and security that:
48 (a) is necessary to treat the patient with a mental illness; and
49 (b) would be offered at or recommended by the state hospital.
50 (3) In collaboration with the Division of Integrated Healthcare, the superintendent and
51 clinical director shall provide a report to the Health and Human Services Interim Committee at
52 or before the committee's 2024 November interim meeting that includes information and
53 recommendations on:
54 (a) the number of patients with a mental illness served through a state hospital contract
55 in accordance with Subsection (1), and the nature of the services rendered;
56 (b) addressing the needs of patients with complex legal and mental health statuses who
57 are expected to have significantly long stays at the state hospital and who are not able to be
58 discharged into the community;
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59 (c) the creation of a low-acuity step-down facility to assist patients described in
60 Subsection (3)(b); and
61 (d) opportunities for collaboration with local mental health authorities and other
62 willing providers to provide low-acuity step-down services to assist patients described in
63 Subsection (3)(b).
64 Section 2. Section 53-5c-301 is amended to read:
65 53-5c-301. Voluntary restrictions on firearm purchase and possession.
66 (1) An individual who is not a restricted person under Section 76-10-503 may
67 voluntarily request to be restricted from the purchase or possession of firearms.
68 (2) An individual requesting to be restricted under Subsection (1) may request
69 placement on one of the following restricted lists:
70 (a) a restricted list that:
71 (i) restricts the individual from purchasing or possessing a firearm for 180 days with
72 automatic removal of the individual from the restricted list at the end of the 180 days; and
73 (ii) allows the individual to request removal 30 days after the day on which the
74 individual is added to the restricted list; or
75 (b) a restricted list that:
76 (i) restricts the individual from purchasing or possessing a firearm indefinitely; and
77 (ii) allows the individual to request removal 90 days after the day on which the
78 individual is added to the restricted list.
79 (3) (a) Subject to Subsections (8) and (9), the bureau shall develop a process and forms
80 for inclusion on, and removal from, a restricted list as described in Subsection (2) to be
81 maintained by the bureau.
82 (b) The bureau shall make the forms for inclusion and removal available by download
83 through the bureau's website and require, at a minimum, the following information for the
84 individual described in Subsection (1):
85 (i) name;
86 (ii) address;
87 (iii) date of birth;
88 (iv) contact information;
89 (v) signature; and
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90 (vi) (A) if the individual is entered on the restricted list as described in Subsection
91 (2)(a), an acknowledgment of the statement in Subsection (8)(a); or
92 (B) if the individual is entered on the restricted list as described in Subsection (2)(b),
93 an acknowledgment of the statement in Subsection (8)(b).
94 (4) (a) An individual requesting inclusion on a restricted list under Subsection (2)
95 shall:
96 (i) deliver the completed form in person to a law enforcement agency; or
97 (ii) direct the individual's health care provider under Section 53-5c-302 to
98 electronically deliver the individual's [completed form] request to the bureau.
99 (b) The law enforcement agency described in Subsection (4)(a)(i):
100 (i) shall verify the individual's identity before accepting the form;
101 (ii) may not accept a form from someone other than the individual named on the form;
102 and
103 (iii) shall transmit the form electronically to the bureau through the Utah Criminal
104 Justice Information System.
105 (5) Upon receipt of a verified form provided under this section or Section 53-5c-302
106 requesting inclusion on a restricted list, the bureau shall, within 24 hours, add the individual's
107 name to the restricted list.
108 (6) (a) For an individual added to the restricted list described in Subsection (2)(a):
109 (i) the individual may not request removal from the restricted list unless the individual
110 has been on the restricted list for at least 30 days;
111 (ii) the bureau shall remove the individual from the restricted list 180 days after the day
112 on which the individual was added to the restricted list, unless the individual:
113 (A) requests to be removed from the restricted list after 30 days;
114 (B) requests to remain on the restricted list; or
115 (C) directs the individual's health care provider to request that the individual remain on
116 the restricted list;
117 (iii) a request for an extension shall be made in the same manner as the original
118 request; and
119 (iv) the individual may continue to request, or direct the individual's health care
120 provider to continue to request, extensions every 180 days.
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121 (b) For an individual added to a restricted list under Subsection (2)(b), the individual:
122 (i) may not request removal from the restricted list unless the individual has been on
123 the restricted list for at least 90 days; and
124 (ii) shall remain on the restricted list, unless the bureau receives a request from the
125 individual to have the individual's name removed from the restricted list.
126 (7) If an individual restricted under this section is a concealed firearm permit holder,
127 the individual's permit shall be:
128 (a) suspended upon entry on the restricted list; and
129 (b) reinstated upon removal from the restricted list, unless:
130 (i) the permit has been revoked, been suspended for a reason other than under this
131 section, or has expired; or
132 (ii) the individual has become a restricted person under Section 76-10-503.
133 (8) (a) The form for an individual seeking to be placed on the restricted list described
134 in Subsection (2)(a) shall have the following language prominently displayed before the
135 signature:
136 "ACKNOWLEDGMENT
137 ["]By presenting this completed form to a law enforcement agency, I understand that I
138 am requesting that my name be placed on a restricted list that restricts my ability to purchase or
139 possess firearms for a minimum of 30 days, and up to 6 months. I understand that by
140 voluntarily making myself a temporarily restricted person, I may not have a firearm in my
141 possession and any attempt to purchase a firearm while I am on the restricted list will be
142 declined. I also understand that any time after 30 days, I may request removal from the
143 restricted list and all previous rights will be restored. In addition, if I am in possession of a
144 valid concealed firearm permit, my permit will be suspended during the time I am on the
145 restricted list, but will be reinstated upon my removal, unless the permit has expired, been
146 revoked, been suspended for another reason, or I become ineligible to possess a firearm.
147 Additionally, I acknowledge that if I possess a firearm or attempt to purchase a firearm while
148 outside Utah, I will be subject to the law of that location regarding restricted persons."
149 (b) The form for an individual seeking to be placed on the restricted list described in
150 Subsection (2)(b) shall have the following language prominently displayed before the
151 signature:
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152 "ACKNOWLEDGMENT
153 ["]By presenting this completed form to a law enforcement agency, I understand that I
154 am requesting that my name be placed on a restricted list that restricts my ability to purchase or
155 possess firearms indefinitely. I understand that by voluntarily making myself a temporarily
156 restricted person, I may not have a firearm in my possession and any attempt to purchase a
157 firearm while I am on the restricted list will be declined. I also understand that any time after
158 90 days, I may request removal from the restricted list and all previous rights will be restored.
159 In addition, if I am in possession of a valid concealed firearm permit, my permit will be
160 suspended during the time I am on the restricted list, but will be reinstated upon my removal,
161 unless the permit has expired, been revoked, been suspended for another reason, or I become
162 ineligible to possess a firearm. Additionally, I acknowledge that if I possess a firearm or
163 attempt to purchase a firearm while outside Utah, I will be subject to the law of that location
164 regarding restricted persons."
165 (9) (a) An individual requesting removal from a restricted list shall deliver a completed
166 removal form in person to:
167 (i) the law enforcement agency that processed the inclusion form if the individual was
168 placed on the restricted list under Subsection (4)(a)(i); or
169 (ii) the individual's local law enforcement agency if the individual was placed on the
170 restricted list under Subsection (4)(a)(ii).
171 (b) The law enforcement agency described in Subsection (9)(a):
172 (i) shall verify the individual's identity before accepting the form;
173 (ii) may not accept a removal form from someone other than the individual named on
174 the form; and
175 (iii) shall transmit the removal form electronically to the bureau through the Utah
176 Criminal Justice Information System.
177 (10) Upon receipt of a verified removal form, the bureau shall, after three business
178 days, remove the individual from the restricted list and remove the information from the
179 National Instant Criminal Background Check System.
180 (11) For an individual added to the restricted list under Subsection (2)(a), within 30
181 days before the 180-day removal deadline, the bureau shall notify the individual at the address
182 listed on the inclusion form described in Subsection (4) and, if applicable, the law enforcement
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183 agency that processed the inclusion form, that the individual is due to be removed from the
184 restricted list, and the date on which the removal will occur, unless the individual requests an
185 extension of up to 180 days.
186 (12) (a) A law enforcement agency that receives a request for inclusion under
187 Subsection (4)(a)(i) shall:
188 (i) maintain the completed form and all subsequent completed forms in a separate file;
189 and
190 (ii) for an individual added to the restricted list under Subsection (2)(a), destroy the
191 entire file within five days after the date indicated in the notification if the individual does not
192 request an extension after notification in accordance with Subsection (11).
193 (b) A law enforcement agency that receives a removal request under Subsection (9)
194 shall destroy the entire file associated with the individual within five days after the day on
195 which the information is transmitted to the bureau.
196 (c) Upon removal of an individual from a restricted list, the bureau shall destroy all
197 records related to the inclusion and removal of the individual within five days after the day on
198 which the individual was removed.
199 (d) All forms and records created in accordance with this section are classified as
200 private records in accordance with Title 63G, Chapter 2, Government Records Access and
201 Management Act.
202 (13) The bureau may make rules in accordance with Title 63G, Chapter 3, Utah
203 Administrative Rulemaking Act, to develop the process and forms to implement this section.
204 Section 3. Section 53-5c-302 is amended to read:
205 53-5c-302. Assistance from a health care provider -- Restricted list.
206 (1) An individual who is not a restricted person under Section 76-10-503 and is
207 seeking inclusion on a restricted list under Section 53-5c-301 may direct the individual's health
208 care provider to electronically deliver the individual's inclusion [form] request described in
209 Section 53-5c-301 to the bureau.
210 (2) In addition to the inclusion form described in Section 53-5c-301, the bureau shall
211 create a form, available by download through the bureau's website, for:
212 (a) an individual who is directing a health care provider to electronically deliver the
213 individual's inclusion [form] request and require, at a minimum, the following information:
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214 (i) the individual's signature;
215 (ii) the name of the individual's health care provider; and
216 (iii) the individual's acknowledgment of the statement in Subsection (4)(a); and
217 (b) a health care provider who is delivering an individual's inclusion [forms] request
218 and require, at a minimum, the following information for the health care provider:
219 (i) the health care provider's name;
220 (ii) the name of the health care provider's organization;
221 (iii) the health care provider's license or certification, including the license or
222 certification number;
223 (iv) the health care provider's signature; and
224 (v) the health care provider's acknowledgment of the statement in Subsection (4)(b).
225 (3) (a) An individual who is directing a health care provider to electronically deliver
226 the individual's [inclusion form] request to be included on a restricted list shall, in the presence
227 of the health care provider, complete the forms described in Section 53-5c-301 and Subsection
228 (2)(a).
229 (b) The health care provider:
230 (i) shall verify the individual's identity before accepting the forms;
231