Enrolled Copy S.B. 212
1 SUBSTANCE USE TREATMENT IN CORRECTIONAL FACILITIES
2024 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Jen Plumb House Sponsor: Christine F. Watkins
2
3 LONG TITLE
4 General Description:
5 This bill allows the Department of Corrections to cooperate with medical personnel to
6 provide medication assisted treatment to inmates who had an active medication assisted
7 treatment plan prior to incarceration.
8 Highlighted Provisions:
9 This bill:
10 ▸ defines terms;
11 ▸ allows the Department of Corrections, in collaboration with the Department of Health
12 and Human Services, to cooperate with medical personnel to continue a medication assisted
13 treatment plan for inmates who had an active medication assisted treatment plan prior to
14 incarceration;
15 ▸ provides that a correctional facility may, at the direction of the chief administrative
16 officer, store medications used for medication assisted treatment plans;
17 ▸ requires the Department of Health and Human Services to provide an annual report to
18 the Health and Human Services Interim Committee regarding the medication assisted
19 treatment plans for individuals committed to the custody of the Department of Corrections;
20 ▸ provides a repeal date for the required report; and
21 ▸ makes technical and conforming changes.
22 Money Appropriated in this Bill:
23 None
24 Other Special Clauses:
25 None
26 Utah Code Sections Affected:
27 AMENDS:
S.B. 212 Enrolled Copy
28 26B-4-325, as enacted by Laws of Utah 2023, Chapter 322
29 63I-2-264, as last amended by Laws of Utah 2021, Chapter 366
30 ENACTS:
31 64-13-25.1, as Utah Code Annotated 1953
32
33 Be it enacted by the Legislature of the state of Utah:
34 Section 1. Section 26B-4-325 is amended to read:
35 26B-4-325 . Medical care for inmates -- Reporting of statistics.
36 As used in this section:
37 (1) "Correctional facility" means a facility operated to house inmates in a secure or
38 nonsecure setting:
39 (a) by the Department of Corrections; or
40 (b) under a contract with the Department of Corrections.
41 (2) "Health care facility" means the same as that term is defined in Section 26B-2-201.
42 (3) "Inmate" means an individual who is:
43 (a) committed to the custody of the Department of Corrections; and
44 (b) housed at a correctional facility or at a county jail at the request of the Department of
45 Corrections.
46 (4) "Medical monitoring technology" means a device, application, or other technology that
47 can be used to improve health outcomes and the experience of care for patients,
48 including evidence-based clinically evaluated software and devices that can be used to
49 monitor and treat diseases and disorders.
50 (5) "Terminally ill" means the same as that term is defined in Section 31A-36-102.
51 (6) The department shall:
52 (a) for each health care facility owned or operated by the Department of Corrections,
53 assist the Department of Corrections in complying with Section 64-13-39;
54 (b) create policies and procedures for providing services to inmates; [and]
55 (c) in coordination with the Department of Corrections, develop standard population
56 indicators and performance measures relating to the health of inmates[.] ; and
57 (d) collaborate with the Department of Corrections to comply with Section 64-13-25.1.
58 (7) Beginning July 1, 2023, and ending June 30, 2024, the department shall:
59 (a) evaluate and study the use of medical monitoring technology and create a plan for a
60 pilot program that identifies:
61 (i) the types of medical monitoring technology that will be used during the pilot
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Enrolled Copy S.B. 212
62 program; and
63 (ii) eligibility for participation in the pilot program; and
64 (b) make the indicators and performance measures described in Subsection (6)(c)
65 available to the public through the Department of Corrections and the department
66 websites.
67 (8) Beginning July 1, 2024, and ending June 30, 2029, the department shall implement the
68 pilot program.
69 (9) The department shall submit to the Health and Human Services Interim Committee and
70 the Law Enforcement and Criminal Justice Interim Committee:
71 (a) a report on or before October 1 of each year regarding the costs and benefits of the
72 pilot program;
73 (b) a report that summarizes the indicators and performance measures described in
74 Subsection (6)(c) on or before October 1, 2024; and
75 (c) an updated report before October 1 of each year that compares the indicators and
76 population measures of the most recent year to the initial report described in
77 Subsection (9)(b).
78 Section 2. Section 63I-2-264 is amended to read:
79 63I-2-264 . Repeal dates: Title 64.
80 (1) Section 64-13e-103.2 is repealed June 30, 2024.
81 (2) Section 64-13-25.1(4), related to reporting on continuation or discontinuation of a
82 medication assisted treatment plan, is repealed July 1, 2026.
83 Section 3. Section 64-13-25.1 is enacted to read:
84 64-13-25.1 . Medication assisted treatment plan.
85 (1) As used in this section, "medication assisted treatment plan" means a prescription plan
86 to use a medication, such as buprenorphine, methadone, or naltrexone, to treat substance
87 use withdrawal symptoms or an opioid use disorder.
88 (2) In collaboration with the Department of Health and Human Services the department
89 may cooperate with medical personnel to continue a medication assisted treatment plan
90 for an inmate who had an active medication assisted treatment plan within the last six
91 months before being committed to the custody of the department.
92 (3) A medication used for a medication assisted treatment plan under Subsection (2):
93 (a) shall be an oral, short-acting medication unless the chief administrative officer or
94 other medical personnel who is familiar with the inmate's medication assisted
95 treatment plan determines that a long-acting, non-oral medication will provide a
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S.B. 212 Enrolled Copy
96 greater benefit to the individual receiving treatment;
97 (b) may be administered to an inmate under the direction of the chief administrative
98 officer of the correctional facility;
99 (c) may, as funding permits, be paid for by the department or the Department of Health
100 and Human Services; and
101 (d) may be left or stored at a correctional facility at the discretion of the chief
102 administrative officer of the correctional facility.
103 (4) Before November 30 each year, the Department of Health and Human Services shall
104 provide a report to the Health and Human Services Interim Committee that details, for
105 each category, the number of individuals in the custody of the department who, in the
106 preceding 12 months:
107 (a) had an active medication assisted treatment plan within the six months preceding
108 commitment to the custody of the department;
109 (b) continued a medication assisted treatment plan following commitment to the custody
110 of the department; and
111 (c) discontinued a medication assisted treatment plan prior to, at the time of, or after
112 commitment to the custody of the department and, as available, the type of
113 medication discontinued and the reason for the discontinuation.
114 Section 4. Effective date.
115 This bill takes effect on May 1, 2024.
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Statutes affected: S.B. 212 1st Substitute (Not Adopted) Text: 26B-4-325, 63I-2-264
Enrolled: 26B-4-325, 63I-2-264
Introduced: 26B-4-325