Enrolled Copy H.B. 35
1 MENTAL HEALTH TREATMENT ACCESS AMENDMENTS
2 2020 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Steve Eliason
5 Senate Sponsor: Todd Weiler
6 Cosponsors: Susan Duckworth
7 Cheryl K. Acton
8
9 LONG TITLE
10 General Description:
11 This bill modifies and enacts provisions relating to mental health treatment access.
12 Highlighted Provisions:
13 This bill:
14 < defines terms;
15 < requires the Forensic Mental Health Coordinating Council, in consultation with the
16 Utah Substance Use and Mental Health Advisory Council, to study and provide
17 recommendations regarding the long-term need for adult beds at the Utah State
18 Hospital;
19 < modifies the membership of the Utah Substance Use and Mental Health Advisory
20 Council;
21 < requires the Division of Substance Abuse and Mental Health to:
22 C set standards for certification of assertive community treatment teams (ACT
23 teams);
24 C make rules outlining the responsibilities of ACT teams;
25 C award a grant for the development of one ACT team; and
26 C implement and manage a housing assistance program for certain individuals
27 released from the Utah State Hospital; and
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28 < makes technical changes.
29 Money Appropriated in this Bill:
30 This bill appropriates:
31 < to the Department of Human Services -- Division of Substance Abuse and Mental
32 Health -- Utah State Hospital, as an ongoing appropriation:
33 C from the General Fund, $4,885,500;
34 < to the Department of Human Services -- Division of Substance Abuse and Mental
35 Health -- Utah State Hospital, as a one-time appropriation:
36 C from the General Fund, One-time, ($1,076,900); and
37 < to the Department of Human Services -- Division of Substance Abuse and Mental
38 Health -- Community Mental Health Services, as an ongoing appropriation:
39 C from the General Fund, $350,000.
40 Other Special Clauses:
41 None
42 Utah Code Sections Affected:
43 AMENDS:
44 62A-15-605, as last amended by Laws of Utah 2015, Chapter 403
45 63M-7-301, as last amended by Laws of Utah 2019, Chapter 246
46 63I-1-262, as last amended by Laws of Utah 2019, Chapters 246, 257, 440 and last
47 amended by Coordination Clause, Laws of Utah 2019, Chapter 246
48 ENACTS:
49 62A-15-1701, Utah Code Annotated 1953
50 62A-15-1702, Utah Code Annotated 1953
51 62A-15-1703, Utah Code Annotated 1953
52 62A-15-1704, Utah Code Annotated 1953
53
54 Be it enacted by the Legislature of the state of Utah:
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55 Section 1. Section 62A-15-605 is amended to read:
56 62A-15-605. Forensic Mental Health Coordinating Council -- Establishment and
57 purpose.
58 (1) There is established the Forensic Mental Health Coordinating Council composed of
59 the following members:
60 (a) the director of the Division of Substance Abuse and Mental Health or the director's
61 appointee;
62 (b) the superintendent of the state hospital or the superintendent's appointee;
63 (c) the executive director of the Department of Corrections or the executive director's
64 appointee;
65 (d) a member of the Board of Pardons and Parole or its appointee;
66 (e) the attorney general or the attorney general's appointee;
67 (f) the director of the Division of Services for People with Disabilities or the director's
68 appointee;
69 (g) the director of the Division of Juvenile Justice Services or the director's appointee;
70 (h) the director of the Commission on Criminal and Juvenile Justice or the director's
71 appointee;
72 (i) the state court administrator or the administrator's appointee;
73 (j) the state juvenile court administrator or the administrator's appointee;
74 (k) a representative from a local mental health authority or an organization, excluding
75 the state hospital that provides mental health services under contract with the Division of
76 Substance Abuse and Mental Health or a local mental health authority, as appointed by the
77 director of the division;
78 (l) the executive director of the Utah Developmental Disabilities Council or the
79 director's appointee; and
80 (m) other individuals, including individuals from appropriate advocacy organizations
81 with an interest in the mission described in Subsection (3), as appointed by the members
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82 described in Subsections (1)(a) through (l).
83 (2) A member may not receive compensation or benefits for the member's service, but
84 may receive per diem and travel expenses in accordance with:
85 (a) Section 63A-3-106;
86 (b) Section 63A-3-107; and
87 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
88 63A-3-107.
89 (3) The purpose of the Forensic Mental Health Coordinating Council is to:
90 (a) advise the director regarding the state hospital admissions policy for individuals in
91 the custody of the Department of Corrections;
92 (b) develop policies for coordination between the division and the Department of
93 Corrections;
94 (c) advise the executive director of the Department of Corrections regarding
95 department policy related to the care of individuals in the custody of the Department of
96 Corrections who are mentally ill;
97 (d) promote communication between and coordination among all agencies dealing with
98 individuals with an intellectual disability or mental illness who become involved in the civil
99 commitment system or in the criminal or juvenile justice system;
100 (e) study, evaluate, and recommend changes to laws and procedures relating to
101 individuals with an intellectual disability or mental illness who become involved in the civil
102 commitment system or in the criminal or juvenile justice system;
103 (f) identify and promote the implementation of specific policies and programs to deal
104 fairly and efficiently with individuals with an intellectual disability or mental illness who
105 become involved in the civil commitment system or in the criminal or juvenile justice system;
106 [and]
107 (g) promote judicial education relating to individuals with an intellectual disability or
108 mental illness who become involved in the civil commitment system or in the criminal or
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109 juvenile justice system[.]; and
110 (h) in consultation with the Utah Substance Abuse Advisory Council created in Section
111 63M-7-301, study the long-term need for adult patient beds at the state hospital, including:
112 (i) the total number of beds currently in use in the adult general psychiatric unit of the
113 state hospital;
114 (ii) the current bed capacity at the state hospital;
115 (iii) the projected total number of beds needed in the adult general psychiatric unit of
116 the state hospital over the next three, five, and 10 years based on:
117 (A) the state's current and projected population growth;
118 (B) current access to mental health resources in the community; and
119 (C) any other factors the Forensic Mental Health Coordinating Council finds relevant
120 to projecting the total number of beds; and
121 (iv) the cost associated with the projected total number of beds described in Subsection
122 (3)(h)(iii).
123 (4) The Forensic Mental Health Coordinating Council shall report the results of the
124 study described in Subsection (3)(h) and any recommended changes to laws or procedures
125 based on the results to the Health and Human Services Interim Committee before November 30
126 of each year.
127 Section 2. Section 62A-15-1701 is enacted to read:
128 Part 17. Utah Assertive Community Treatment Act
129 62A-15-1701. Definitions.
130 As used in this part:
131 (1) "ACT team personnel" means a licensed psychiatrist or mental health therapist, or
132 another individual, as determined by the division, who is part of an ACT team.
133 (2) "Assertive community treatment team" or "ACT team" means a mobile team of
134 medical and mental health professionals that provides assertive community outreach treatment
135 and, based on the individual circumstances of each case, coordinates with other medical
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136 providers and appropriate community resources.
137 (3) (a) "Assertive community treatment" means mental health services and on-site
138 intervention that a person renders to an individual with a mental illness.
139 (b) "Assertive community treatment" includes the provision of assessment and
140 treatment plans, rehabilitation, support services, and referrals to other community resources.
141 (4) "Mental health therapist" means the same as that term is defined in Section
142 58-60-102.
143 (5) "Mental illness" means the same as that term is defined in Section 62A-15-602.
144 (6) "Psychiatrist" means the same as that term is defined in Section 62A-15-1601.
145 Section 3. Section 62A-15-1702 is enacted to read:
146 62A-15-1702. Division duties -- ACT team license creation.
147 (1) To promote the availability of assertive community treatment, the division shall
148 make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
149 that create a certificate for ACT team personnel and ACT teams, that includes:
150 (a) the standards the division establishes under Subsection (2); and
151 (b) guidelines for:
152 (i) required training and experience of ACT team personnel; and
153 (ii) the coordination of assertive community treatment and other community resources.
154 (2) (a) The division shall:
155 (i) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
156 make rules that establish standards that an applicant is required to meet to qualify for the
157 certifications described in Subsection (1); and
158 (ii) create a statewide ACT team plan that:
159 (A) identifies statewide assertive community treatment needs, objectives, and
160 priorities; and
161 (B) identifies the equipment, facilities, personnel training, and other resources
162 necessary to provide assertive community treatment.
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163 (b) The division may delegate the ACT team plan requirement described in Subsection
164 (2)(a)(ii) to a contractor with whom the division contracts to provide assertive community
165 outreach treatment.
166 Section 4. Section 62A-15-1703 is enacted to read:
167 62A-15-1703. Grants for development of an ACT team.
168 (1) The division shall award grants for the development of one ACT team to provide
169 assertive community treatment to individuals in the state.
170 (2) The division shall prioritize the award of a grant described in Subsection (1) to
171 entities, based on:
172 (a) the number of individuals the proposed ACT team will serve; and
173 (b) the percentage of matching funds the entity will provide to develop the proposed
174 ACT team.
175 (3) An entity does not need to have resources already in place to be awarded a grant
176 described in Subsection (1).
177 (4) The division shall make rules, in accordance with Title 63G, Chapter 3, Utah
178 Administrative Rulemaking Act, for the application and award of the grants described in
179 Subsection (1).
180 Section 5. Section 62A-15-1704 is enacted to read:
181 62A-15-1704. Housing assistance program for individuals discharged from the
182 Utah State Hospital and receiving assertive community treatment.
183 (1) (a) The division shall, within funds appropriated by the Legislature for this purpose,
184 implement and manage the operation of a housing assistance program in consultation with the
185 Utah State Hospital, established in Section 62A-15-601, and one or more housing authorities,
186 associations of governments, or nonprofit entities.
187 (b) The housing assistance program shall provide the housing assistance described in
188 Subsection (1)(c) to individuals:
189 (i) who are discharged from the Utah State Hospital; and
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190 (ii) who the division determines would benefit from assertive community treatment.
191 (c) The housing assistance provided under the housing assistance program may
192 include:
193 (i) subsidizing rent payments for housing;
194 (ii) subsidizing the provision of temporary or transitional housing; or
195 (iii) providing money for one-time housing barrier assistance, including rental housing
196 application fees, utility hookup fees, or rental housing security deposits.
197 (2) The division shall make rules, in accordance with Title 63G, Chapter 3, Utah
198 Administrative Rulemaking Act, to establish procedures for the operation of the housing
199 assistance program described in Subsection (1).
200 (3) The division shall report to the Health and Human Services Interim Committee
201 each year before November 30 regarding:
202 (a) the entities the division consulted with under Subsection (1)(a);
203 (b) the number of individuals who are benefitting from the housing assistance program
204 described in Subsection (1);
205 (c) the type of housing assistance provided under the housing assistance program
206 described in Subsection (1);
207 (d) the average monthly dollar amount provided to individuals under the housing
208 assistance program described in Subsection (1); and
209 (e) recommendations regarding improvements or changes to the housing assistance
210 program described in Subsection (1).
211 Section 6. Section 63I-1-262 is amended to read:
212 63I-1-262. Repeal dates, Title 62A.
213 (1) Subsections 62A-1-120(8)(g), (h), and (i) are repealed July 1, 2023.
214 (2) Section 62A-3-209 is repealed July 1, 2023.
215 (3) Section 62A-4a-202.9 is repealed December 31, 2021.
216 (4) Section 62A-4a-213 is repealed July 1, 2024.
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217 (5) Section 62A-15-114 is repealed December 31, 2021.
218 (6) Subsections 62A-15-116(1) and (4), the language that states "In consultation with
219 the SafeUT and School Safety Commission, established in Section 53B-17-1203," is repealed
220 January 1, 2023.
221 (7) Subsections 62A-15-605(3)(h) and (4) relating to the study of long-term needs for
222 adult beds in the state hospital are repealed July 1, 2022.
223 [(7)] (8) Subsections 62A-15-1100(1) and 62A-15-1101[(8)](9), in relation to the Utah
224 Substance Use and Mental Health Advisory Council, are repealed January 1, 2023.
225 [(8)] (9) In relation to the Mental Health Crisis Line Commission, on July 1, 2023:
226 (a) Subsections 62A-15-1301(1) and 62A-15-1401(1) are repealed;
227 (b) Subsection 62A-15-1302(1)(b), the language that states "and in consultation with
228 the commission" is repealed;
229 (c) Section 62A-15-1303, the language that states "In consultation with the
230 commission," is repealed; and
231 (d) Subsection 62A-15-1402(2)(a), the language that states "With recommendations
232 from the commission," is repealed.
233 Section 7. Section 63M-7-301 is amended to read:
234 63M-7-301. Definitions -- Creation of council -- Membership -- Terms.
235 (1) (a) As used in this part, "council" means the Utah Substance Use and Mental Health
236 Advisory Council created in this section.
237 (b) There is created within the governor's office the Utah Substance Use and Mental
238 Health Advisory Council.
239 (2) The council shall be comprised of the following voting members:
240 (a) the attorney general or the attorney general's designee;
241 (b) [an] one elected county official appointed by the Utah Association of Counties;
242 (c) the commissioner of public safety or the commissioner's designee;
243 (d) the director of the Division of Substance Abuse and Mental Health or the director's
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