Senator Daniel Hemmert proposes the following substitute bill:
1
OPIOID TREATMENT PROGRAMS AND CONTROLLED
2
SUBSTANCE DATABASE AMENDMENTS
3
2019 GENERAL SESSION
4
3
STATE OF UTAH
54
Chief
Sponsor: Brad M. Daw
65
Senate
Sponsor: Daniel McCay____________
6
7
8 LONG TITLE
98 General
Description:
109 This
bill modifies provisions relating to opioid treatment programs and the
controlled
11 substance database.
12 .
10 Highlighted Provisions:
1311 This
bill:
1412 ▸ defines
a term;
15 ▸ modifies
requirements relating to access to the controlled substance database for
16 emergency departments in hospitals and opioid
treatment programs;
17 13 ▸ requires
pharmacists and others who dispense methadone to a patient for the
1814 treatment
of a substance use disorder to check the controlled substances database;
1915 ▸ addresses
penalties for failure to check the database;
2016 ▸ requires
the Division of Substance Abuse and Mental Health to work
2117 collaboratively
with opioid treatment programs to:
2218 • establish
a registry of patients for the purpose of protecting the health and safety
2319 of
patients;
2420 • review
and approve exceptions to federal and state dosage policies and
2521 procedures;
and
2622 • coordinate
patients' access to medication during a crisis or emergency; and
2723 ▸ makes
technical and conforming changes.
2824 Money
Appropriated in this Bill:
2925 None
3026 Other
Special Clauses:
3127 None
3228 Utah
Code Sections Affected:
3329 AMENDS:
34 58-37f-301, as last amended by Laws of Utah 2018,
Chapter 123
35 58-37f-303, as enacted by Laws of Utah 2016, Chapter
112
36 30 58-37f-304, as last amended by Laws of Utah 2018,
Chapters 281 and 327
37 58-37f-601, as last amended by Laws of Utah 2016,
Chapters 112 and 238
38 31 62A-15-102, as last amended by Laws of Utah 2018,
Chapter 414
3932 62A-15-103, as last amended by Laws of Utah 2018,
Chapter 322
40
4133
34 Be it enacted by the
Legislature of the state of Utah:
4235 Section
1. Section 58-37f-301304 is amended to read:
43 58-37f-301.
Access to database.
44 (1) The division
shall make rules, in accordance with Title 63G, Chapter 3, Utah
45 Administrative Rulemaking Act, to:
46 (a) effectively
enforce the limitations on access to the database as described in this
47 part; and
48 (b) establish
standards and procedures to ensure accurate identification of individuals
49 requesting information or receiving information
without request from the database.
50 (2) The division
shall make information in the database and information obtained from
51 other state or federal prescription monitoring
programs by means of the database available only
52 to the following individuals, in accordance
with the requirements of this chapter and division
53 rules:
54 (a) (i) personnel
of the division specifically assigned to conduct investigations related
55 to controlled substance laws under the
jurisdiction of the division; and
56 (ii) the
following law enforcement officers, but the division may only provide
57 nonidentifying information, limited to gender,
year of birth, and postal ZIP code, regarding
58 individuals for whom a controlled substance has
been prescribed or to whom a controlled
59 substance has been dispensed:
60 (A) a law
enforcement agency officer who is engaged in a joint investigation with the
61 division; and
62 (B) a law
enforcement agency officer to whom the division has referred a suspected
63 criminal violation of controlled substance
laws;
64 (b) authorized
division personnel engaged in analysis of controlled substance
65 prescription information as a part of the
assigned duties and responsibilities of their
66 employment;
67 (c) a board
member if:
68 (i) the board
member is assigned to monitor a licensee on probation; and
69 (ii) the board
member is limited to obtaining information from the database regarding
70 the specific licensee on probation;
71 (d) a member of a
diversion committee established in accordance with Subsection
72 58-1-404(2)
if:
73 (i) the diversion
committee member is limited to obtaining information from the
74 database regarding the person whose conduct is
the subject of the committee's consideration;
75 and
76 (ii) the conduct
that is the subject of the committee's consideration includes a
violation
77 or a potential violation of Chapter 37, Utah Controlled
Substances Act, or another relevant
78 violation or potential violation under this
title;
79 (e) in accordance
with a written agreement entered into with the department,
80 employees of the Department of Health:
81 (i) whom the
director of the Department of Health assigns to conduct scientific studies
82 regarding the use or abuse of controlled
substances, if the identity of the individuals and
83 pharmacies in the database are confidential and
are not disclosed in any manner to any
84 individual who is not directly involved in the
scientific studies;
85 (ii) when the
information is requested by the Department of Health in relation to a
86 person or provider whom the Department of
Health suspects may be improperly obtaining or
87 providing a controlled substance; or
88 (iii) in the
medical examiner's office;
89 (f) in accordance
with a written agreement entered into with the department, a designee
90 of the director of the Department of Health,
who is not an employee of the Department of
91 Health, whom the director of the Department of
Health assigns to conduct scientific studies
92 regarding the use or abuse of controlled
substances pursuant to an application process
93 established in rule by the Department of
Health, if:
94 (i) the designee
provides explicit information to the Department of Health regarding
95 the purpose of the scientific studies;
96 (ii) the
scientific studies to be conducted by the designee:
97 (A) fit within
the responsibilities of the Department of Health for health and welfare;
98 (B) are reviewed
and approved by an Institutional Review Board that is approved for
99 human subject research by the United States
Department of Health and Human Services; and
100 (C) are not
conducted for profit or commercial gain; and
101 (D) are
conducted in a research facility, as defined by division rule, that is
associated
102 with a university or college accredited by one
or more regional or national accrediting agencies
103 recognized by the United States Department of
Education;
104 (iii) the
designee protects the information as a business associate of the Department of
105 Health; and
106 (iv) the
identity of the prescribers, patients, and pharmacies in the database are
107 de-identified, confidential, not disclosed in
any manner to the designee or to any individual
108 who is not directly involved in the scientific
studies;
109 (g) in
accordance with the written agreement entered into with the department and the
110 Department of Health, authorized employees of
a managed care organization, as defined in 42
111 C.F.R. Sec. 438, if:
112 (i) the managed
care organization contracts with the Department of Health under the
113 provisions of Section 26-18-405
and the contract includes provisions that:
114 (A) require a
managed care organization employee who will have access to information
115 from the database to submit to a criminal
background check; and
116 (B) limit the
authorized employee of the managed care organization to requesting
117 either the division or the Department of
Health to conduct a search of the database regarding a
118 specific Medicaid enrollee and to report the
results of the search to the authorized employee;
119 and
120 (ii) the
information is requested by an authorized employee of the managed care
121 organization in relation to a person who is
enrolled in the Medicaid program with the managed
122 care organization, and the managed care
organization suspects the person may be improperly
123 obtaining or providing a controlled substance;
124 (h) a licensed
practitioner having authority to prescribe controlled substances, to the
125 extent the information:
126 (i) (A) relates
specifically to a current or prospective patient of the practitioner; and
127 (B) is provided
to or sought by the practitioner for the purpose of:
128 (I) prescribing
or considering prescribing any controlled substance to the current or
129 prospective patient;
130 (II) diagnosing
the current or prospective patient;
131 (III) providing
medical treatment or medical advice to the current or prospective
132 patient; or
133 (IV) determining
whether the current or prospective patient:
134 (Aa) is
attempting to fraudulently obtain a controlled substance from the practitioner;
135 or
136 (Bb) has
fraudulently obtained, or attempted to fraudulently obtain, a controlled
137 substance from the practitioner;
138 (ii) (A) relates
specifically to a former patient of the practitioner; and
139 (B) is provided
to or sought by the practitioner for the purpose of determining whether
140 the former patient has fraudulently obtained,
or has attempted to fraudulently obtain, a
141 controlled substance from the practitioner;
142 (iii) relates
specifically to an individual who has access to the practitioner's
Drug
143 Enforcement Administration identification
number, and the practitioner suspects that the
144 individual may have used the
practitioner's Drug Enforcement Administration identification
145 number to fraudulently acquire or prescribe a
controlled substance;
146 (iv) relates to
the practitioner's own prescribing practices, except when specifically
147 prohibited by the division by administrative
rule;
148 (v) relates to
the use of the controlled substance database by an employee of the
149 practitioner, described in Subsection (2)(i);
or
150 (vi) relates to
any use of the practitioner's Drug Enforcement Administration
151 identification number to obtain, attempt to
obtain, prescribe, or attempt to prescribe, a
152 controlled substance;
153 (i) in
accordance with Subsection (3)(a), an employee of a practitioner described in
154 Subsection (2)(h), for a purpose described in
Subsection (2)(h)(i) or (ii), if:
155 (i) the employee
is designated by the practitioner as an individual authorized to access
156 the information on behalf of the practitioner;
157 (ii) the
practitioner provides written notice to the division of the identity of the
158 employee; and
159 (iii) the
division:
160 (A) grants the
employee access to the database; and
161 (B) provides the
employee with a password that is unique to that employee to access
162 the database [in order to permit the
division to comply with the requirements of Subsection
163 58-37f-203(5)
with respect to the employee];
164 (j) an employee
of the same business that employs a licensed practitioner under
165 Subsection (2)(h) if:
166 (i) the employee
is designated by the practitioner as an individual authorized to access
167 the information on behalf of the practitioner;
168 (ii) the
practitioner and the employing business provide written notice to the division
of
169 the identity of the designated employee; and
170 (iii) the
division:
171 (A) grants the
employee access to the database; and
172 (B) provides the
employee with a password that is unique to that employee to access
173 the database [in order to permit the
division to comply with the requirements of Subsection
174 58-37f-203(5)
with respect to the employee];
175 (k) a licensed
pharmacist having authority to dispense a controlled substance to the
176 extent the information is provided or sought
for the purpose of:
177 (i) dispensing
or considering dispensing any controlled substance; or
178 (ii) determining
whether a person:
179 (A) is
attempting to fraudulently obtain a controlled substance from the pharmacist;
or
180 (B) has
fraudulently obtained, or attempted to fraudulently obtain, a controlled
181 substance from the pharmacist;
182 (l) in
accordance with Subsection (3)(a), a licensed pharmacy technician and pharmacy
183 intern who is an employee of a pharmacy as
defined in Section 58-17b-102,
for the purposes
184 described in Subsection (2)(j)(i) or (ii), if:
185 (i) the employee
is designated by the pharmacist-in-charge as an individual authorized
186 to access the information on behalf of a
licensed pharmacist employed by the pharmacy;
187 (ii) the
pharmacist-in-charge provides written notice to the division of the identity of
188 the employee; and
189 (iii) the
division:
190 (A) grants the
employee access to the database; and
191 (B) provides the
employee with a password that is unique to that employee to access
192 the database [in order to permit the
division to comply with the requirements of Subsection
193 58-37f-203(5)
with respect to the employee];
194 (m) pursuant to
a valid search warrant, federal, state, and local law enforcement
195 officers and state and local prosecutors who
are engaged in an investigation related to:
196 (i) one or more
controlled substances; and
197 (ii) a specific
person who is a subject of the investigation;
198 (n) subject to
Subsection [(7)] (8), a probation or parole officer, employed by
the
199 Department of Corrections or by a political
subdivision, to gain access to database information
200 necessary for the officer's
supervision of a specific probationer or parolee who is under the
201 officer's direct supervision;
202 (o) employees of
the Office of Internal Audit and Program Integrity within the
203 Department of Health who are engaged in their
specified duty of ensuring Medicaid program
204 integrity under Section 26-18-2.3;
205 (p) a mental
health therapist, if:
206 (i) the
information relates to a patient who is:
207 (A) enrolled in
a licensed substance abuse treatment program; and
208 (B) receiving
treatment from, or under the direction of, the mental health therapist as
209 part of the patient's participation
in the licensed substance abuse treatment program described
210 in Subsection (2)(p)(i)(A);
211 (ii) the
information is sought for the purpose of determining whether the patient is
212 using a controlled substance while the patient
is enrolled in the licensed substance abuse
213 treatment program described in Subsection
(2)(p)(i)(A); and
214 (iii) the
licensed substance abuse treatment program described in Subsection
215 (2)(p)(i)(A) is associated with a practitioner
who:
216 (A) is a
physician, a physician assistant, an advance practice registered nurse, or a
217 pharmacist; and
218 (B) is available
to consult with the mental health therapist regarding the information
219 obtained by the mental health therapist, under
this Subsection (2)(p), from the database;
220 (q) an
individual who is the recipient of a controlled substance prescription entered
into
221 the database, upon providing evidence
satisfactory to the division that the individual requesting
222 the information is in fact the individual
about whom the data entry was made;
223 (r) an
individual under Subsection (2)(q) for the purpose of obtaining a list of the
224 persons and entities that have requested or
received any information from the database
225 regarding the individual, except if the
individual's record is subject to a pending or current
226 investigation as authorized under this
Subsection (2);
227 (s) the
inspector general, or a designee of the inspector general, of the Office of
228 Inspector General of Medicaid Services, for
the purpose of fulfilling the duties described in
229 Title 63A, Chapter 13, Part 2, Office and
Powers;
230 (t) the
following licensed physicians for the purpose of reviewing and offering an
231 opinion on an individual's request
for workers' compensation benefits under Title 34A, Chapter
232 2, Workers' Compensation Act, or
Title 34A, Chapter 3, Utah Occupational Disease Act:
233 (i) a member of
the medical panel described in Section 34A-2-601;
234 (ii) a physician
employed as medical director for a licensed workers' compensation
235 insurer or an approved self-insured employer;
or
236 (iii) a
physician offering a second opinion regarding treatment; and
237 (u) members of
Utah's Opioid Fatality Review Committee, for the purpose of
238 reviewing a specific fatality due to opioid
use and recommending policies to reduce the
239 frequency of opioid use fatalities.
240 (3) (a) (i) A
practitioner described in Subsection (2)(h) may designate one or more
241 employees to access information from the
database under Subsection (2)(i), (2)(j), [or] (4)(c),
242 or (5)(c).
243 (ii) A
pharmacist described in Subsection (2)(k) who is a pharmacist-in-charge may
244 designate up to five employees to access
information from the database under Subsection (2)(l).
245 (b) The division
shall make rules, in accordance with Title 63G, Chapter 3, Utah
246 Administrative Rulemaking Act, to:
247 (i) establish
background check procedures to determine whether an employee
248 designated under Subsection (2)(i), (2)(j), [or]
(4)(c), or (5)(c) should be granted access to the
249 database; and
250 (ii) establish
the information to be provided by an emergency department employee or
251 an opioid treatment program employee
under [Subsection] Subsections (4) and (5); and
252 (iii) facilitate
providing controlled substance prescription information to a third party
253 under Subsection [(5)] (6).
254 (c) The division
shall grant an employee designated under Subsection (2)(i), (2)(j), [or]
255 (4)(c), or (5)(c) access to the
database, unless the division determines, based on a background
256 check, that the employee poses a security risk
to the information contained in the database.
257 (4) (a) An individual
who is employed in the emergency department of a hospital may
258 exercise access to the database under this
Subsection (4) on behalf of a licensed practitioner if
259 the individual is designated under Subsection
(4)(c) and the licensed practitioner:
260 (i) is employed
in the emergency department;
261 (ii) is treating
an emergency department patient for an emergency medical condition;
262 and
263 (iii) requests
that an individual employed in the emergency department and designated
264 under Subsection (4)(c) obtain information
regarding the patient from the database as needed in
265 the course of treatment.
266 (b) The
emergency department employee obtaining information from the database
267 shall, when gaining access to the database,
provide to the database the name and any additional
268 identifiers regarding the requesting
practitioner as required by division administrative rule
269 established under Subsection (3)(b).
270 (c) An
individual employed in the emergency department under this Subsection (4)
271 may obtain information from the database as
provided in Subsection (4)(a) if:
272 (i) the employee
is designated by the [practitioner] hospital operating the emergency
273 department as an individual authorized
to access the information on behalf of the practitioner;
274 (ii) [the
practitioner and] the hospital operating the emergency department [provide]
275 provides written notice to the division
of the identity of the designated employee; and
276 (iii) the
division:
277 (A) grants the
employee access to the database; and
278 (B) provides the
employee with a password that is unique to that employee to access
279 the database [in order to permit the
division to comply with the requirements of Subsection
280 58-37f-203(5)
with respect to the employee].
281 (d) The division
may impose a fee, in accordance with Section 63J-1-504,
on a
282 practitioner or a hospital who
designates an employee under Subsection (2)(i), (2)(j), or (4)(c)
283 to pay for the costs incurred by the division
to conduct the background check and make the
284 determination described in Subsection (3)(b).
285 (5) (a) An
individual who is employed by an opioid treatment program, as defined in
286 Section 62A-15-102,
may access the database under this Subsection (5) on behalf of a licensed
287 practitioner if the individual is
designated under Subsection (5)(c) and the licensed practitioner:
288 (i) is
employed in the opioid treatment program;
289 (ii) is
treating an opioid treatment program patient for an opioid use disorder; and
290 (iii)
requests that an individual employed in the opioid treatment program and
291 designated under Subsection (5)(c) obtain
information regarding the patient from the database
292 as needed in the course of treatment.
293 (b) The
opioid treatment program employee obtaining information from the database
294 shall, when gaining access to the database,
provide to the database the name and any additional
295 identifiers regarding the requesting
practitioner as required by division administrative rule
296 established under Subsection (3)(b).
297 (c) An
individual employed in the opioid treatment program under this Subsection (5)
298 may obtain information from the database as
provided in Subsection (5)(a) if:
299 (i) the
employee is designated by the director or the practitioner of the opioid
treatment
300 program as an individual authorized to
access the information on behalf of the practitioner;
301 (ii) the
director or the practitioner provides written notice to the division of the
identity
302 of the designated employee; and
303 (iii) the
division:
304 (A) grants
the employee access to the database; and
305 (B) provides
the employee with a password that is unique to that employee to access
306 the database.
307 (d) The
division may impose a fee, in accordance with Section 63J-1-504,
on an opioid
308 treatment program that designates an employee
under Subsection (5)(c) to pay for the costs
309 incurred by the division to conduct the
background check and make the determination
310 described in Subsection (3)(b).
311 [(5)] (6)
(a) (i) An individual may request that the division provide the information
312 under Subsection [(5)] (6)(b) to
a third party who is designated by the individual each time a
313 controlled substance prescription for the
individual is dispensed.
314 (ii) The
division shall upon receipt of the request under this Subsection [(5)] (6)(a)
315 advise the individual in writing that the
individual may direct the division to discontinue
316 providing the information to a third party and
that notice of the individual's direction to
317 discontinue will be provided to the third
party.
318 (b) The
information the division shall provide under Subsection [(5)] (6)(a)
is:
319 (i) the fact a
controlled substance has been dispensed to the individual, but without
320 identifying the controlled substance; and
321 (ii) the date
the controlled substance was dispensed.
322 (c) (i) An
individual who has made a request under Subsection [(5)] (6)(a)
may direct
323 that the division discontinue providing
information to the third party.
324 (ii) The
division shall:
325 (A) notify the
third party that the individual has directed the division to no longer
326 provide information to the third party; and
327 (B) discontinue
providing information to the third party.
328 [(6)] (7)
(a) An individual who is granted access to the database based on the fact that
329 the individual is a licensed practitioner or a
mental health therapist shall be denied access to the
330 database when the individual is no longer
licensed.
331 (b) An
individual who is granted access to the database based on the fact that the
332 individual is a designated employee of a
licensed practitioner shall be denied access to the
333 database when the practitioner is no longer
licensed.
334 [(7)] (8)
A probation or parole officer is not required to obtain a search warrant to
335 access the database in accordance with
Subsection (2)(n).
336 [(8)] (9)
The division shall review and adjust the database programming which
337 automatically logs off an individual who is
granted access to the database under [Subsections]
338 Subsection (2)(h), (2)(i), (2)(j), [and]
(4)(c), or (5)(c) to maximize the following objectives:
339 (a) to protect
patient privacy;
340 (b) to reduce
inappropriate access; and
341 (c) to make the
database more useful and helpful to a person accessing the database
342 under [Subsections] Subsection
(2)(h), (2)(i), (2)(j), [and] (4)(c), or (5)(c), especially in
high
343 usage locations such as an emergency
department.
344 Section 2.
Section 58-37f-303 is amended to read:
345 58-37f-303.
Access to opioid prescription information via an electronic data
346 system.
347 (1) As used in
this section:
348 (a)
"Dispense" means the same as that term is defined in Section 58-17b-102.
349 (b) (i)
"EDS user" means:
350 [(i) means:]
351 (A) a
prescriber;
352 (B) a
pharmacist; or
353 (C) an
individual granted access to the database under Subsection 58-37f-301(3)(c);
354 and
355 (ii) "EDS
user" does not [mean] include an individual whose access
to the database has
356 been revoked by the division pursuant to
Subsection 58-37f-301[(5)](6)(b).
357 (c)
"Electronic data system" means a software product or an electronic
service used by:
358 (i) a prescriber
to manage electronic health records; or
359 (ii) a
pharmacist to manage the dispensing of prescription drugs.
360 (d)
"Opioid" means any substance listed in Subsection 58-37-4(2)(b)(i)
or (2)(b)(ii).
361 (e)
"Pharmacist" means the same as that term is defined in Section 58-17b-102.
362 (f)
"Prescriber" means a practitioner, as that term is defined in Section
58-37-2,
who is
363 licensed under Section 58-37-6
to prescribe an opioid.
364 (g) "Prescription
drug" means the same as that term is defined in Section 58-17b-102.
365 (2) Subject to
Subsections (3) through (6), no later than January 1, 2017, the division
366 shall make opioid prescription information in
the database available to an EDS user via the
367 user's electronic data system.
368 (3) An
electronic data system may be used to make opioid prescription information in
369 the database available to an EDS user only if
the electronic data system complies with rules
370 established by the division under Subsection
(4).
371 (4) (a) The
division shall make rules, in accordance with Title 63G, Chapter 3, Utah
372 Administrative Rulemaking Act, specifying:
373 (i) an
electronic data system's:
374 (A) allowable
access to and use of opioid prescription information in the database; and
375 (B) minimum
actions that must be taken to ensure that opioid prescription information
376 accessed from the database is protected from
inappropriate disclosure or use; and
377 (ii) an EDS
user's:
378 (A) allowable
access to opioid prescription information in the database via an
379 electronic data system; and
380 (B) allowable
use of the information.
381 (b) The rules
shall establish:
382 (i) minimum user
identification requirements that in substance are the same as the
383 database identification requirements in
Section 58-37f-301;
384 (ii) user access
restrictions that in substance are the same as the database identification
385 requirements in Section 58-37f-301;
and
386 (iii) any other
requirements necessary to ensure that in substance the provisions of
387 Sections 58-37f-301
and 58-37f-302
apply to opioid prescription information in the database
388 that has been made available to an EDS user
via an electronic data system.
389 (5) The division
may not make opioid prescription information in the database
390 available to an EDS user via the
user's electronic data system if:
391 (a) the
electronic data system does not comply with the rules established by the
392 division under Subsection (4); or
393 (b) the EDS user
does not comply with the rules established by the division under
394 Subsection (4).
395 (6) (a) The
division shall periodically audit the use of opioid prescription information
396 made available to an EDS user via the
user's electronic data system.
397 (b) The audit
shall review compliance by:
398 (i) the
electronic data system with rules established by the division under Subsection
399 (4); and
400 (ii) the EDS
user with rules established by the division under Subsection (4).
401 (c) (i) If the
division determines by audit or other means that an electronic data system
402 is not in compliance with rules established by
the division under Subsection (4), the division
403 shall immediately suspend or revoke the
electronic data system's access to opioid prescription
404 information in the database.
405 (ii) If the
division determines by audit or other means that an EDS user is not in
406 compliance with rules established by the
division under Subsection (4), the division shall
407 immediately suspend or revoke the EDS
user's access to opioid prescription information in the
408 database via an electronic data system.
409 (iii) If the
division suspends or revokes access to opioid prescription information in the
410 database under Subsection (6)(c)(i) or
(6)(c)(ii), the division shall also take any other
411 appropriate corrective or disciplinary action
authorized by this chapter or title.
412 Section 3.
Section 36 58-37f-304 is
amended to read:
413 58-37f-304..
Database utilization.
41437 (1)
As used in this section:
41538 (a)
"Dispenser" means a licensed pharmacist, as described in Section 58-17b-303,
or
41639 the
pharmacist's licensed intern, as described in Section 58-17b-304,
who is also licensed to
41740 dispense
a controlled substance under Title 58, Chapter 37, Utah Controlled Substances
Act.
41841 [(b)
"Outpatient" means a setting in which an individual visits a licensed
healthcare
41942 facility
or a healthcare provider's office for a diagnosis or treatment but is
not admitted to a
42043 licensed
healthcare facility for an overnight stay.]
42144 [(c)]
(b) "Prescriber" means an individual authorized to prescribe a
controlled
42245 substance
under Title 58, Chapter 37, Utah Controlled Substances Act.
42346 [(d)]
(c) "Schedule II opioid" means [those substances] a
substance listed in Subsection
42447 58-37-4(2)(b)(i)
or (2)(b)(ii).
42548 [(e)]
(d) "Schedule III opioid" means [those substances] a
substance listed in
42649 Subsection
58-37-4(2)(c)
that [are opioids] is an opioid.
42750 (e)
"Treatment dispenser" means a dispenser who dispenses methadone for
the
42851 treatment
of a substance use disorder, as defined in Section 62A-15-1202.
42952 (2)
(a) A prescriber shall check the database for information about a patient
before the
43053 first
time the prescriber gives a prescription to a patient for a Schedule II opioid
or a Schedule
43154 III
opioid.
43255 (b)
If a prescriber is repeatedly prescribing a Schedule II opioid or Schedule III
opioid
43356 to
a patient, the prescriber shall periodically review information about the
patient in:
43457 (i)
the database; or
43558 (ii)
other similar records of controlled substances the patient has filled.
43659 (c)
A prescriber may assign the access and review required under Subsection (2)(a)
to
43760 one
or more employees in accordance with Subsections 58-37f-301(2)(i)
and (j).
43861 (d)
(i) A prescriber may comply with [the requirements in] Subsections
(2)(a) and (b)
43962 by
checking an electronic health record system if the electronic health record
system:
44063 (A)
is connected to the database through a connection that has been approved by the
44164 division;
and
44265 (B)
displays the information from the database in a prominent manner for the
44366 prescriber.
44467 (ii)
The division may not approve a connection to the database if the connection
does
44568 not
satisfy the requirements established by the division under Section 58-37f-301.
44669 (e)
A prescriber is not in violation of [the requirements of] Subsection
(2)(a) or (b) if
44770 the
failure to comply with Subsection (2)(a) or (b):
44871 (i)
is necessary due to an emergency situation;
44972 (ii)
is caused by a suspension or disruption in the operation of the database; or
45073 (iii)
is caused by a failure in the operation or availability of the Internet.
45174 (f)
The division may not take action against the license of a prescriber for
failure to
45275 comply
with this Subsection (2) unless the failure occurs after the earlier of:
45376 (i)
December 31, 2018; or
45477 (ii)
the date that the division has the capability to establish a connection that
meets the
45578 requirements
established by the division under Section 58-37f-301
between the database and an
45679 electronic
health record system.
45780 (3)
(a) A treatment dispenser shall check the database for information about a
patient
45881 before
the first time the treatment dispenser dispenses methadone to the patient.
45982 (b)
If a treatment dispenser is repeatedly dispensing methadone to a patient, the
46083 treatment
dispenser shall, at least each calendar month that the treatment dispenser
dispenses
46184 methadone
to the patient, review information about the patient in:
46285 (i)
the database; or
46386 (ii)
other similar records of controlled substances the patient has filled.
46487 (c)
(i) A treatment dispenser may comply with Subsections (3)(a) and (b) by
checking
46588 an
electronic health record system if the electronic health record
system if the electronic health record system:
466:
89 (A)
is connected to the database through a connection that has been approved by the
46790 division;
and
46891 (B)
displays the information from the database in a prominent manner for the
treatment
46992 dispenser.
47093 (ii)
The division may not approve a connection to the database if the connection
does
47194 not
satisfy the requirements established by the division under Section 58-37f-301.
47295 (d)
A treatment dispenser is not in violation of Subsection (3)(a) or (b) if the
failure to
47396 comply
with Subsection (3)(a) or (b):
47497 (i)
is necessary due to an emergency situation;
47598 (ii)
is caused by a suspension or disruption in the operation of the database; or
47699 (iii)
is caused by a failure in the operation or availability of the Internet.
477100 (e)
The division may not take action against the license of a treatment dispenser
for
478101 failure
to comply with this Subsection (3) unless the failure occurs after the earlier
of:
479102 (i)
December 31, 2019; or
480103 (ii)
the date that the division has the capability to establish a connection that
meets the
481104 requirements
established by the division under Section 58-37f-301
between the database and an
482105 electronic
health record system.
483106 [(3)]
(4) The division shall, in collaboration with the licensing boards for
prescribers
484107 and
dispensers:
485108 (a)
develop a system that gathers and reports to prescribers and dispensers the
progress
486109 and
results of the prescriber's and dispenser's individual access
and review of the database, as
487110 provided
in this section; and
488111 (b)
reduce or waive the division's continuing education requirements
regarding opioid
489112 prescriptions,
described in Section 58-37-6.5,
including the online tutorial and test relating to
490113 the
database, for prescribers and dispensers whose individual utilization of the
database, as
491114 determined
by the division, demonstrates substantial compliance with this section.
492115 [(4)]
(5) If the dispenser's access and review of the database
suggest that the individual
493116 seeking
an opioid may be obtaining opioids in quantities or frequencies inconsistent
with
494117 generally
recognized standards as provided in this section and Section 58-37f-201,
the
495118 dispenser
shall reasonably attempt to contact the prescriber to obtain the
prescriber's informed,
496119 current,
and professional decision regarding whether the prescribed opioid is medically
497120 justified,
notwithstanding the results of the database search.
498121 [(5)]
(6) (a) The division shall review the database to identify any
prescriber who has a
499122 pattern
of prescribing opioids not in accordance with the recommendations of:
500123 (i)
the CDC Guideline for Prescribing Opioids for Chronic Pain, published by the
501124 Centers
for Disease Control and Prevention;
502125 (ii)
the Utah Clinical Guidelines on Prescribing Opioids for Treatment of Pain,
503126 published
by the Department of Health; or
504127 (iii)
other publications describing best practices related to prescribing opioids as
505128 identified
by division rule in accordance with Title 63G, Chapter 3, Utah Administrative
506129 Rulemaking
Act, and in consultation with the Physicians Licensing Board.
507130 (b)
The division shall offer education to a prescriber identified under this
Subsection
508131 [(5)]
(6) regarding best practices in the prescribing of opioids.
509132 (c)
A decision by a prescriber to accept or not accept the education offered by the
510133 division
under this Subsection [(5)] (6) is voluntary.
511134 (d)
The division may not use an identification the division has made under this
512135 Subsection
[(5)] (6) or the decision by a prescriber to accept or not accept
education offered by
513136 the
division under this Subsection [(5)] (6) in a licensing
investigation or action by the
514137 division.
515138 (e)
Any record created by the division as a result of this Subsection [(5)] (6)
is a
516139 protected
record under Section 63G-2-305.
517 Section 4.
Section 58-37f-601 is amended to read:
518 58-37f-601.
Unlawful release or use of database information -- Criminal and civil
519 penalties.
520 (1) (a) Any
person who knowingly and intentionally releases:
521 (i) any
information in the database or any information obtained from other state or
522 federal prescription monitoring programs by
means of the database in violation of the
523 limitations under Part 3, Access and
Utilization, is guilty of a third degree felony; or
524 (ii) any
information in the database accessed under Section 58-37f-303
by an electronic
525 data system, or accessed by a person via an
electronic data system, in violation of rules
526 established by the division under Subsection 58-37f-303(4) is guilty of a third degree felony.
527 (b) Any person
who negligently or recklessly releases:
528 (i) any
information in the database or any information obtained from other state or
529 federal prescription monitoring programs by
means of the database in violation of the
530 limitations under Part 3, Access and
Utilization, is guilty of a class C misdemeanor; or
531 (ii) any
information in the database accessed under Section 58-37f-303
by an electronic
532 data system, or accessed by a person via an
electronic data system, in violation of rules
533 established by the division under Subsection 58-37f-303(4) is guilty of a class C misdemeanor.
534 (2) (a) Any
person who obtains or attempts to obtain the following by
535 misrepresentation or fraud is guilty of a
third degree felony:
536 (i) information
from the database;
537 (ii) information
from any other state or federal prescription monitoring program by
538 means of the database; or
539 (iii)
information from the database or any other state or federal prescription
monitoring
540 program via an electronic data system under
Section 58-37f-303.
541 (b) Any person
who obtains or attempts to obtain information from the database,
542 including via an electronic data system under
Section 58-37f-303 that has access to the
543 database, for a purpose other than a purpose
authorized by this chapter or by rule is guilty of a
544 third degree felony.
545 (3) (a) Except
as provided in Subsection (3)(e), a person may not knowingly and
546 intentionally use, release, publish, or
otherwise make available to any other person the
547 following information for any purpose other
than those specified in Part 3, Access and
548 Utilization:
549 (i) information
obtained from the database;
550 (ii) information
obtained from any other state or federal prescription monitoring
551 program by means of the database; or
552 (iii)
information in the database accessed under Section 58-37f-303
by:
553 (A) an
electronic data system; or
554 (B) a person via
an electronic data system.
555 (b) Each
separate violation of this Subsection (3) is a third degree felony and is also
556 subject to a civil penalty not to exceed
$5,000.
557 (c) The
procedure for determining a civil violation of this Subsection (3) is in
558 accordance with Section 58-1-108,
regarding adjudicative proceedings within the division.
559 (d) Civil
penalties assessed under this Subsection (3) shall be deposited in the General
560 Fund as a dedicated credit to be used by the
division under Subsection 58-37f-502(1).
561 (e) This
Subsection (3) does not prohibit a person who obtains information from the
562 database under Subsection 58-37f-301(2)
(h), (i), (k), [or] (4)(c), or (5)(c) from:
563 (i) including
the information in the person's medical chart or file for access by a
person
564 authorized to review the medical chart or
file; or
565 (ii) providing
the information to a person in accordance with the requirements of the
566 Health Insurance Portability and
Accountability Act of 1996.
567 Section 5.
Section
140 Section 2.
Section 62A-15-102 is amended to read:
141 62A-15-102 is
amended to read:
568 62A-15-102..
Definitions.
569142 As
used in this chapter:
570143 (1)
"Criminal risk factors" means a person's characteristics and
behaviors that:
571144 (a)
affect the person's risk of engaging in criminal behavior; and
572145 (b)
are diminished when addressed by effective treatment, supervision, and other
573146 support
resources, resulting in reduced risk of criminal behavior.
574147 (2)
"Director" means the director of the Division of Substance Abuse and
Mental
575148 Health.
576149 (3)
"Division" means the Division of Substance Abuse and Mental Health
established
577150 in
Section 62A-15-103.
578151 (4)
"Local mental health authority" means a county legislative body.
579152 (5)
"Local substance abuse authority" means a county legislative body.
580153 (6)
"Mental health crisis" means:
581154 (a)
a mental health condition that manifests in an individual by symptoms of
sufficient
582155 severity
that a prudent layperson who possesses an average knowledge of mental health
issues
583156 could
reasonably expect the absence of immediate attention or intervention to result
in:
584157 (i)
serious danger to the individual's health or well-being; or
585158 (ii)
a danger to the health or well-being of others; or
586159 (b)
a mental health condition that, in the opinion of a mental health therapist or
the
587160 therapist's
designee, requires direct professional observation or intervention.
588161 (7)
"Mental health crisis response training" means community-based
training that
589162 educates
laypersons and professionals on the warning signs of a mental health crisis and
how to
590163 respond.
591164 (8)
"Mental health crisis services" means an array of services provided
to an individual
592165 who
experiences a mental health crisis, which may include:
593166 (a)
direct mental health services;
594167 (b)
on-site intervention provided by a mobile crisis outreach team;
595168 (c)
the provision of safety and care plans;
596169 (d)
prolonged mental health services for up to 90 days after the day on which an
597170 individual
experiences a mental health crisis;
598171 (e)
referrals to other community resources;
599172 (f)
local mental health crisis lines; and
600173 (g)
the statewide mental health crisis line.
601174 (9)
"Mental health therapist" means the same as that term is defined in
Section
602175 58-60-102.
603176 (10)
"Mobile crisis outreach team" or "MCOT" means a mobile team
of medical and
604177 mental
health professionals that, in coordination with local law enforcement and
emergency
605178 medical
service personnel, provides mental health crisis services.
606179 (11)
"Opioid treatment program" means a program or practitioner that is:
607 (a) engaged
in opioid
180 treatment of individuals with
an opioid agonist treatment
608 medication
registered under 21
181 U.S.C. Sec. 823(g)(1);
609 (b) licensed
by the Office of Licensing, within the Department of Human Services,
610 created in Section 62A-2-103;
and
611 (c) certified
by the Substance Abuse and Mental Health Services Administration in
612 accordance with 42 C.F.R. 8.11.
613 ).
182 [(11)]
(12) (a) "Public funds" means federal money received from the
Department of
614183 Human
Services or the Department of Health, and state money appropriated by the
Legislature
615184 to
the Department of Human Services, the Department of Health, a county governing
body, or a
616185 local
substance abuse authority, or a local mental health authority for the purposes
of providing
617186 substance
abuse or mental health programs or services.
618187 (b)
"Public funds" include federal and state money that has been
transferred by a local
619188 substance
abuse authority or a local mental health authority to a private provider under
an
620189 annual
or otherwise ongoing contract to provide comprehensive substance abuse or
mental
621190 health
programs or services for the local substance abuse authority or local mental
health
622191 authority.
The money maintains the nature of "public funds" while in the
possession of the
623192 private
entity that has an annual or otherwise ongoing contract with a local substance
abuse
624193 authority
or a local mental health authority to provide comprehensive substance abuse or
625194 mental
health programs or services for the local substance abuse authority or local
mental
626195 health
authority.
627196 (c)
Public funds received for the provision of services pursuant to substance abuse
or
628197 mental
health service plans may not be used for any other purpose except those
authorized in
629198 the
contract between the local mental health or substance abuse authority and
provider for the
630199 provision
of plan services.
631200 [(12)]
(13) "Severe mental disorder" means schizophrenia, major
depression, bipolar
632201 disorders,
delusional disorders, psychotic disorders, and other mental disorders as
defined by
633202 the
division.
634203 [(13)]
(14) "Statewide mental health crisis line" means the same as
that term is defined
635204 in
Section 63C-18-102.
636205 Section
63.
Section 62A-15-103 is amended to read:
637206 62A-15-103.
Division -- Creation -- Responsibilities.
638207 (1)
There is created the Division of Substance Abuse and Mental Health within the
639208 department,
under the administration and general supervision of the executive director. The
640209 division
is the substance abuse authority and the mental health authority for this
state.
641210 (2)
The division shall:
642211 (a)
(i) educate the general public regarding the nature and consequences of
substance
643212 abuse
by promoting school and community-based prevention programs;
644213 (ii)
render support and assistance to public schools through approved school-based
645214 substance
abuse education programs aimed at prevention of substance abuse;
646215 (iii)
promote or establish programs for the prevention of substance abuse within the
647216 community
setting through community-based prevention programs;
648217 (iv)
cooperate with and assist treatment centers, recovery residences, and other
649218 organizations
that provide services to individuals recovering from a substance abuse
disorder,
650219 by
identifying and disseminating information about effective practices and
programs;
651220 (v)
make rules in accordance with Title 63G, Chapter 3, Utah Administrative
652221 Rulemaking
Act, to develop, in collaboration with public and private programs, minimum
653222 standards
for public and private providers of substance abuse and mental health programs
654223 licensed
by the department under Title 62A, Chapter 2, Licensure of Programs and
Facilities;
655224 (vi)
promote integrated programs that address an individual's substance
abuse, mental
656225 health,
physical health, and criminal risk factors;
657226 (vii)
establish and promote an evidence-based continuum of screening, assessment,
658227 prevention,
treatment, and recovery support services in the community for individuals with
659228 substance
use disorder and mental illness that addresses criminal risk factors;
660229 (viii)
evaluate the effectiveness of programs described in this Subsection (2);
661230 (ix)
consider the impact of the programs described in this Subsection (2) on:
662231 (A)
emergency department utilization;
663232 (B)
jail and prison populations;
664233 (C)
the homeless population; and
665234 (D)
the child welfare system; and
666235 (x)
promote or establish programs for education and certification of instructors to
667236 educate
persons convicted of driving under the influence of alcohol or drugs or driving
with
668237 any
measurable controlled substance in the body;
669238 (b)
(i) collect and disseminate information pertaining to mental health;
670239 (ii)
provide direction over the state hospital including approval of its budget,
671240 administrative
policy, and coordination of services with local service plans;
672241 (iii)
make rules in accordance with Title 63G, Chapter 3, Utah Administrative
673242 Rulemaking
Act, to educate families concerning mental illness and promote family
674243 involvement,
when appropriate, and with patient consent, in the treatment program of a
family
675244 member;
and
676245 (iv)
make rules in accordance with Title 63G, Chapter 3, Utah Administrative
677246 Rulemaking
Act, to direct that an individual receiving services through a local mental
health
678247 authority
or the Utah State Hospital be informed about and, if desired by the individual,
679248 provided
assistance in the completion of a declaration for mental health treatment in
680249 accordance
with Section 62A-15-1002;
681250 (c)
(i) consult and coordinate with local substance abuse authorities and local
mental
682251 health
authorities regarding programs and services;
683252 (ii)
provide consultation and other assistance to public and private agencies and
groups
684253 working
on substance abuse and mental health issues;
685254 (iii)
promote and establish cooperative relationships with courts, hospitals,
clinics,
686255 medical
and social agencies, public health authorities, law enforcement agencies,
education and
687256 research
organizations, and other related groups;
688257 (iv)
promote or conduct research on substance abuse and mental health issues, and
689258 submit
to the governor and the Legislature recommendations for changes in policy and
690259 legislation;
691260 (v)
receive, distribute, and provide direction over public funds for substance
abuse and
692261 mental
health services;
693262 (vi)
monitor and evaluate programs provided by local substance abuse authorities and
694263 local
mental health authorities;
695264 (vii)
examine expenditures of local, state, and federal funds;
696265 (viii)
monitor the expenditure of public funds by:
697266 (A)
local substance abuse authorities;
698267 (B)
local mental health authorities; and
699268 (C)
in counties where they exist, a private contract provider that has an annual or
700269 otherwise
ongoing contract to provide comprehensive substance abuse or mental health
701270 programs
or services for the local substance abuse authority or local mental health
authority;
702271 (ix)
contract with local substance abuse authorities and local mental health
authorities
703272 to
provide a comprehensive continuum of services that include community-based
services for
704273 individuals
involved in the criminal justice system, in accordance with division policy,
contract
705274 provisions,
and the local plan;
706275 (x)
contract with private and public entities for special statewide or nonclinical
707276 services,
or services for individuals involved in the criminal justice system, according
to
708277 division
rules;
709278 (xi)
review and approve each local substance abuse authority's plan and
each local
710279 mental
health authority's plan in order to ensure:
711280 (A)
a statewide comprehensive continuum of substance abuse services;
712281 (B)
a statewide comprehensive continuum of mental health services;
713282 (C)
services result in improved overall health and functioning;
714283 (D)
a statewide comprehensive continuum of community-based services designed to
715284 reduce
criminal risk factors for individuals who are determined to have substance
abuse or
716285 mental
illness conditions or both, and who are involved in the criminal justice
system;
717286 (E)
compliance, where appropriate, with the certification requirements in
Subsection
718287 (2)(j);
and
719288 (F)
appropriate expenditure of public funds;
720289 (xii)
review and make recommendations regarding each local substance abuse
721290 authority's
contract with the local substance abuse authority's provider of
substance abuse
722291 programs
and services and each local mental health authority's contract with
the local mental
723292 health
authority's provider of mental health programs and services to ensure
compliance with
724293 state
and federal law and policy;
725294 (xiii)
monitor and ensure compliance with division rules and contract requirements;
726295 and
727296 (xiv)
withhold funds from local substance abuse authorities, local mental health
728297 authorities,
and public and private providers for contract noncompliance, failure to comply
729298 with
division directives regarding the use of public funds, or for misuse of public
funds or
730299 money;
731300 (d)
ensure that the requirements of this part are met and applied uniformly by
local
732301 substance
abuse authorities and local mental health authorities across the state;
733302 (e)
require each local substance abuse authority and each local mental health
authority,
734303 in
accordance with Subsections 17-43-201(5)(b)
and 17-43-301[(5)](6)(a)(ii),
to submit a plan
735304 to
the division on or before May 15 of each year;
736305 (f)
conduct an annual program audit and review of each local substance abuse
authority
737 306 and
each local substance abuse authority's contract provider, and
each local substance abusemental health
307 authority and each local mental health
authority's contract provider, and each local mental
health
738 authority and each local mental health
authority's contract provider, including:
739308 (i)
a review and determination regarding whether:
740309 (A)
public funds allocated to the local substance abuse authority or the local
mental
741310 health
authorities are consistent with services rendered by the authority or the
authority's
742311 contract
provider, and with outcomes reported by the authority's contract
provider; and
743312 (B) each
local substance abuse authority and each local substance abuse authority
and each local mental health authority is
744313 exercising
sufficient oversight and control over public funds allocated for substance use
745314 disorder
and mental health programs and services; and
746315 (ii)
items determined by the division to be necessary and appropriate; and
747316 (g)
define "prevention" by rule as required under Title 32B, Chapter 2,
Part 4,
748317 Alcoholic
Beverage and Substance Abuse Enforcement and Treatment Restricted Account Act;
749318 (h)
(i) train and certify an adult as a peer support specialist, qualified to
provide peer
750319 supports
services to an individual with:
751320 (A)
a substance use disorder;
321 (B) a mental
health disorder;
752 (B) a mental
health disorder; or
753322 (C)
a substance use disorder and a mental health disorder and a
mental health disorder;
754;
323 (ii)
certify a person to carry out, as needed, the division's duty to train
and certify an
755324 adult
as a peer support specialist;
756325 (iii)
make rules in accordance with Title 63G, Chapter 3, Utah Administrative
757326 Rulemaking
Act, that:
758327 (A)
establish training and certification requirements for a peer support
specialist;
759328 (B)
specify the types of services a peer support specialist is qualified to
provide;
760329 (C)
specify the type of supervision under which a peer support specialist is
required to
761330 operate;
and
762331 (D)
specify continuing education and other requirements for maintaining or renewing
763332 certification
as a peer support specialist; and
764333 (iv)
make rules in accordance with Title 63G, Chapter 3, Utah Administrative
765334 Rulemaking
Act, that:
766335 (A)
establish the requirements for a person to be certified to carry out, as
needed, the
767336 division's
duty to train and certify an adult as a peer support specialist; and
768337 (B)
specify how the division shall provide oversight of a person certified to train
and
769338 certify
a peer support specialist;
770339 (i)
establish by rule, in accordance with Title 63G, Chapter 3, Utah Administrative
771340 Rulemaking
Act, minimum standards and requirements for the provision of substance use
772341 disorder
and mental health treatment to an individual who is required to participate in
treatment
773342 by
the court or the Board of Pardons and Parole, or who is incarcerated,
including:
774343 (i)
collaboration with the Department of Corrections and the Utah Substance Use and
775344 Mental
Health Advisory Council to develop and coordinate the standards, including
standards
776345 for
county and state programs serving individuals convicted of class A and class B
777346 misdemeanors;
778347 (ii)
determining that the standards ensure available treatment, including the most
779348 current
practices and procedures demonstrated by recognized scientific research to
reduce
780349 recidivism,
including focus on the individual's criminal risk factors; and
781350 (iii)
requiring that all public and private treatment programs meet the standards
782351 established
under this Subsection (2)(i) in order to receive public funds allocated to the
783352 division,
the Department of Corrections, or the Commission on Criminal and Juvenile
Justice
784353 for
the costs of providing screening, assessment, prevention, treatment, and
recovery support;
785354 (j)
establish by rule, in accordance with Title 63G, Chapter 3, Utah Administrative
786355 Rulemaking
Act, the requirements and procedures for the certification of licensed public
and
787356 private
providers who provide, as part of their practice, substance use disorder and
mental
788357 health
treatment to an individual involved in the criminal justice system, including:
789358 (i)
collaboration with the Department of Corrections, the Utah Substance Use and
790359 Mental
Health Advisory Council, and the Utah Association of Counties to develop,
coordinate,
791360 and
implement the certification process;
792361 (ii)
basing the certification process on the standards developed under Subsection
(2)(i)
793362 for
the treatment of an individual involved in the criminal justice system; and
794363 (iii)
the requirement that a public or private provider of treatment to an individual
795364 involved
in the criminal justice system shall obtain certification on or before July 1,
2016, and
796365 shall
renew the certification every two years, in order to qualify for funds
allocated to the
797366 division,
the Department of Corrections, or the Commission on Criminal and Juvenile
Justice
798367 on
or after July 1, 2016;
799368 (k)
collaborate with the Commission on Criminal and Juvenile Justice to analyze and
800369 provide
recommendations to the Legislature regarding:
801370 (i)
pretrial services and the resources needed to reduce recidivism;
802371 (ii)
county jail and county behavioral health early-assessment resources needed for
an
803372 offender
convicted of a class A or class B misdemeanor; and
804373 (iii)
the replacement of federal dollars associated with drug interdiction law
805374 enforcement
task forces that are reduced;
806375 (l)
(i) establish performance goals and outcome measurements for all treatment
807376 programs
for which minimum standards are established under Subsection (2)(i), including
808377 recidivism
data and data regarding cost savings associated with recidivism reduction and
the
809378 reduction
in the number of inmates, that are obtained in collaboration with the
Administrative
810379 Office
of the Courts and the Department of Corrections; and
811380 (ii)
collect data to track and determine whether the goals and measurements are
being
812381 attained
and make this information available to the public;
813382 (m)
work collaboratively with opioid treatment programs to establish a registry of
814383 patients
in opioid treatment programs for the purpose of protecting the health and
safety of
815384 patients;
816385 (n)
if designated as the specific state authority under 21 U.S.C. Sec. 823(j),
coordinate
817386 patients'
access to medication during a crisis or emergency;
818387 (o)
if designated by the governor as the state authority under 42 C.F.R. Sec. 8.2
to
819388 exercise
the responsibility and authority within the state for governing the treatment
of opioid
820389 use
disorder with an opioid drug:
821390 (i)
review and approve exceptions to federal and state dosage policies as provided
in 42
822391 C.F.R.
Sec. 8.11; and
823392 (ii)
consult with the Substance Abuse and Mental Health Services Administration
824393 regarding
applications for certification or renewal of certification of an opioid
treatment
825394 program
as provided in 42 C.F.R. Sec. 8.11;
826395 [(m)]
(p) in the division's discretion, use the data to make
decisions regarding the use
827396 of
funds allocated to the division, the Administrative Office of the Courts, and
the Department
828397 of
Corrections to provide treatment for which standards are established under
Subsection (2)(i);
829398 and
830399 [(n)]
(q) annually, on or before August 31, submit the data collected under Subsection
831400 (2)(k)
to the Commission on Criminal and Juvenile Justice, which shall compile a
report of
832401 findings
based on the data and provide the report to the Judiciary Interim Committee,
the
833402 Health
and Human Services Interim Committee, the Law Enforcement and Criminal Justice
834403 Interim
Committee, and the related appropriations subcommittees.
835404 (3)
(a) The division may refuse to contract with and may pursue legal remedies
against
836405 any
local substance abuse authority or local mental health authority that fails, or
has failed, to
837406 expend
public funds in accordance with state law, division policy, contract
provisions, or
838407 directives
issued in accordance with state law.
839408 (b)
The division may withhold funds from a local substance abuse authority or local
840409 mental
health authority if the authority's contract provider of substance
abuse or mental health
841410 programs
or services fails to comply with state and federal law or policy.
842411 (4)
Before reissuing or renewing a contract with any local substance abuse
authority or
843412 local
mental health authority, the division shall review and determine whether the
local
844413 substance
abuse authority or local mental health authority is complying with the
oversight and
845414 management
responsibilities described in Sections 17-43-201,
17-43-203,
17-43-303,
and
846415 17-43-309.
Nothing in this Subsection (4) may be used as a defense to the responsibility
and
847416 liability
described in Section 17-43-303
and to the responsibility and liability described in
848417 Section
17-43-203.
849418 (5)
In carrying out the division's duties and responsibilities, the
division may not
850419 duplicate
treatment or educational facilities that exist in other divisions or
departments of the
851420 state,
but shall work in conjunction with those divisions and departments in rendering
the
852421 treatment
or educational services that those divisions and departments are competent and
able
853422 to
provide.
854423 (6)
The division may accept in the name of and on behalf of the state donations,
gifts,
855424 devises,
or bequests of real or personal property or services to be used as specified by
the
856425 donor.
857426 (7)
The division shall annually review with each local substance abuse authority
and
858427 each
local mental health authority the authority's statutory and contract
responsibilities
859428 regarding:
860429 (a)
use of public funds;
861430 (b)
oversight of public funds; and
862431 (c)
governance of substance use disorder and mental health programs and services.
863432 (8)
The Legislature may refuse to appropriate funds to the division upon the
division's
864433 failure
to comply with the provisions of this part.
865434 (9)
If a local substance abuse authority contacts the division under Subsection
866435 17-43-201(10)
for assistance in providing treatment services to a pregnant woman or pregnant
867436 minor,
the division shall:
868437 (a)
refer the pregnant woman or pregnant minor to a treatment facility that has the
869438 capacity
to provide the treatment services; or
870439 (b)
otherwise ensure that treatment services are made available to the pregnant
woman
871440 or
pregnant minor.