Department of Health and Human Services Amendments

56
19-6-906
26A-1-128
26B-1-216
26B-1-410
26B-1-421
26B-1-425
26B-1-501
26B-2-124.2
26B-3-107
26B-3-208
26B-4-703
26B-5-372
26B-6-402
26B-6-703
26B-7-501
26B-7-508
26B-7-514
26B-7-516
26B-7-518
26B-8-217
63I-1-226
77-37-4
80-2-1104
0
Department of Health and Human Services Amendments
2026 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Logan J. Monson
Senate Sponsor: Evan J. Vickers
LONG TITLE
General Description:
This bill amends provisions of the Health and Humans Services code and related provisions.
Highlighted Provisions:
This bill:
removes rulemaking authority from the Primary Care Grant Committee;
clarifies the membership of the Compassionate Use Board;
provides for the designation of a vice chair of the Utah Health Workforce Advisory
Council;
clarifies that the recommendations of the Utah Health Workforce Advisory Council are
independent of the governor and the Department of Health and Human Services
(department);
amends provisions related to a qualified individual for purposes of the department's
fatality review;
authorizes the department to make rules related to the congregate care ombudsman;
amends provisions related to Medicaid dental benefits and instructs the department to
apply for waivers to provide dental services;
provides that a rural hospital's contracted hiring group may provide education loan
repayment assistance to a physician to qualify for a education loan repayment assistance
contract with the department;
clarifies provisions related to the transfer of an individual in the custody of the
Department of Corrections to the state hospital;
clarifies that the Division of Services for People with Disabilities (division) may use
certain funds for individuals transitioning to home- and community-based services,
rather than division services;
amends provisions related to the child protection ombudsman;
updates the name of the Department of Health and Human Services in certain provisions;
corrects code references; and
makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
19-6-906
Effective
05/06/26
, as last amended by Laws of Utah 2015, Chapter 451
26A-1-128
Effective
05/06/26
, as last amended by Laws of Utah 2023, Chapter 327
26B-1-216
Effective
05/06/26
, as last amended by Laws of Utah 2025, Chapter 470
26B-1-410
Effective
05/06/26
Repealed
07/01/35
, as last amended by Laws of Utah
2025, Chapters 112, 277
26B-1-421
Effective
05/06/26
, as last amended by Laws of Utah 2025, Chapter 494
26B-1-425
Effective
05/06/26
Repealed
07/01/27
, as last amended by Laws of Utah
2024, Chapter 245
26B-1-501
Effective
05/06/26
, as last amended by Laws of Utah 2024, Chapters 113,
288
26B-2-124.2
Effective
05/06/26
, as enacted by Laws of Utah 2025, Chapter 63
26B-3-107
Effective
05/06/26
Partially Repealed
07/01/28
, as last amended by Laws
of Utah 2025, Chapter 494
26B-3-208
Effective
05/06/26
, as last amended by Laws of Utah 2023, Chapter 304 and
renumbered and amended by Laws of Utah 2023, Chapter 306
26B-4-703
Effective
05/06/26
Repealed
07/01/26
, as last amended by Laws of Utah
2024, Chapter 250
26B-5-372
Effective
05/06/26
, as renumbered and amended by Laws of Utah 2023,
Chapter 308
26B-6-402
Effective
05/06/26
, as renumbered and amended by Laws of Utah 2023,
Chapter 308
26B-6-703
Effective
05/06/26
, as last amended by Laws of Utah 2024, Chapter 250
26B-7-501
Effective
05/06/26
, as last amended by Laws of Utah 2025, Chapter 173
26B-7-508
Effective
05/06/26
, as last amended by Laws of Utah 2025, Chapter 173
26B-7-514
Effective
05/06/26
, as last amended by Laws of Utah 2025, Chapter 173
26B-7-516
Effective
05/06/26
, as last amended by Laws of Utah 2025, Chapter 173
26B-7-518
Effective
05/06/26
, as renumbered and amended by Laws of Utah 2023,
Chapter 308
26B-8-217
Effective
05/06/26
, as last amended by Laws of Utah 2025, Chapter 421
63I-1-226
Effective
05/06/26
, as last amended by Laws of Utah 2025, Chapters 47, 277
and 366
77-37-4
Effective
05/06/26
, as last amended by Laws of Utah 2024, Chapter 156
80-2-1104
Effective
05/06/26
, as last amended by Laws of Utah 2024, Chapter 250
Be it enacted by the Legislature of the state of Utah:
Section 1. Section
19-6-906
is amended to read:
19-6-906
Effective
05/06/26
. Decontamination standards -- Specialist
certification standards -- Rulemaking.
(1)
The Department of Health
and Human Services
shall make rules under
Title 63G,
Chapter 3, Utah Administrative Rulemaking Act
, in consultation with the local health
departments and the Department of Environmental Quality, to establish:
(a)
decontamination and sampling standards and best management practices for the
inspection and decontamination of property and the disposal of contaminated debris
under this part;
(b)
appropriate methods for the testing of buildings and interior surfaces, and
furnishings, soil, and septic tanks for contamination; and
(c)
when testing for contamination may be required.
(2)
The Department of Environmental Quality Waste Management and Radiation Control
Board shall make rules under
Title 63G, Chapter 3, Utah Administrative Rulemaking Act
,
in consultation with the Department of Health
and Human Services
and local health
departments, to establish within the Department of Environmental Quality Division of
Environmental Response and Remediation:
(a)
certification standards for any private person, firm, or entity involved in the
decontamination of contaminated property; and
(b)
a process for revoking the certification of a decontamination specialist who fails to
maintain the certification standards.
(3)
All rules made under this part shall be consistent with other state and federal
requirements.
(4)
The board has authority to enforce the provisions under Subsection
(2)
.
Section 2. Section
26A-1-128
is amended to read:
26A-1-128
Effective
05/06/26
. Tobacco, electronic cigarette, and nicotine
product permits -- Enforcement.
A local health department:
(1)
shall enforce the requirements of
Title 26B, Chapter 7, Part 5, Regulation of Smoking,
Tobacco Products, and Nicotine Products
;
(2)
may enforce licensing requirements for entities that hold a business license to sell a
tobacco product, an electronic cigarette product, or a nicotine product under Section
10-8-41.6
or Section
17-50-333
17-78-1004
; and
(3)
may recommend to a municipality or county that the business license of a retail tobacco
specialty business be suspended or revoked for a violation of Section
10-8-41.6
, Section
17-50-333
17-78-1004
, or
Title 26B, Chapter 7, Part 5, Regulation of Smoking, Tobacco
Products, and Nicotine Products
.
Section 3. Section
26B-1-216
is amended to read:
26B-1-216
Effective
05/06/26
. Powers and duties of the department -- Quality
and design.
The department shall:
(1)
monitor and evaluate the quality of services provided by the department including:
(a)
in accordance with Part 5, Fatality Review, monitoring, reviewing, and making
recommendations relating to a fatality review;
(b)
overseeing the duties of the child protection ombudsman
appointed
created
under
Section
80-2-1104
; and
(c)
conducting internal evaluations of the quality of services provided by the department
and service providers contracted with the department;
(2)
conduct investigations described in Section
80-2-703
;
(3)
develop an integrated human services system and implement a system of care by:
(a)
designing and implementing a comprehensive continuum of services for individuals
who receive services from the department or a service provider contracted with the
department;
(b)
establishing and maintaining department contracts with public and private service
providers;
(c)
establishing standards for the use of service providers who contract with the
department;
(d)
coordinating a service provider network to be used within the department to ensure
individuals receive the appropriate type of services;
(e)
centralizing the department's administrative operations; and
(f)
integrating, analyzing, and applying department-wide data and research to monitor
the quality, effectiveness, and outcomes of services provided by the department;
(4)
(a)
coordinate with the Driver License Division, the Department of Public Safety, and
any other law enforcement agency to test and provide results of blood or urine
samples submitted to the department as part of an investigation for a driving offense
that may have occurred and there is reason to believe the individual's blood or urine
may contain:
(i)
alcohol; or
(ii)
other drugs or substances that the department reasonably determines could impair
an individual or that is illegal for the individual to possess or consume; and
(b)
ensure that the results of the test described in Subsection
(4)(a)
are provided through
a secure medium and in a timely manner;
(5)
use available data to structure programs and activities to ensure populations have access
to health and wellness education, information, resources, and services;
(6)
efficiently use funding and resources to promote health and safety; and
(7)
include an understanding of the impacted populations and supporting data in staff
training.
Section 4. Section
26B-1-410
is amended to read:
26B-1-410
Effective
05/06/26
Repealed
07/01/35
. Primary Care Grant
Committee.
(1)
As used in this section:
(a)
"Committee" means the Primary Care Grant Committee created in Subsection
(2)
.
(b)
"Program" means the Primary Care Grant Program described in Sections
26B-4-310

and
26B-4-313
.
(2)
There is created the Primary Care Grant Committee.
(3)
The committee shall:
(a)
review grant applications forwarded to the committee by the department under
Subsection
26B-4-312(1)
;
(b)
recommend, to the executive director, grant applications to award under Subsection
26B-4-310(1)
;
(c)
evaluate:
(i)
the need for primary health care as defined in Section
26B-4-301
in different areas
of the state;
(ii)
how the program is addressing those needs; and
(iii)
the overall effectiveness and efficiency of the program;
(d)
review annual reports from primary care grant recipients;
and
(e)
meet as necessary to carry out its duties, or upon a call by the committee chair or by
a majority of committee members
; and
.
(f)
make rules, with the concurrence of the department, in accordance with
Title 63G,
Chapter 3, Utah Administrative Rulemaking Act
, that govern the committee,
including the committee's grant selection criteria.
(4)
The committee shall consist of:
(a)
as chair, the executive director or an individual designated by the executive director;
and
(b)
six members appointed by the governor to serve up to two consecutive, two-year
terms of office, including:
(i)
four licensed health care professionals; and
(ii)
two community advocates who are familiar with a medically underserved
population as defined in Section
26B-4-301
and with health care systems, where
at least one is familiar with a rural medically underserved population.
(5)
The executive director may remove a committee member:
(a)
if the member is unable or unwilling to carry out the member's assigned
responsibilities; or
(b)
for a rational reason.
(6)
A committee member may not receive compensation or benefits for the member's
service, except a committee member who is not an employee of the department may
receive per diem and travel expenses in accordance with:
(a)
Section
63A-3-106
;
(b)
Section
63A-3-107
; and
(c)
rules made by the Division of Finance in accordance with Sections
63A-3-106
and
63A-3-107
.
Section 5. Section
26B-1-421
is amended to read:
26B-1-421
Effective
05/06/26
. Compassionate Use Board.
(1)
The definitions in Section
26B-4-201
apply to this section.
(2)
(a)
The department shall establish a Compassionate Use Board consisting of:
(i)
seven
qualified
recommending
medical providers that the executive director
appoints with the advice and consent of the Senate:
(A)
who are knowledgeable about the medicinal use of cannabis;
(B)
who are physicians licensed under Title 58, Chapter 67, Utah Medical Practice
Act, or Title 58, Chapter 68, Utah Osteopathic Medical Practice Act; and
(C)
who are board certified by the American Board of Medical Specialties or an
American Osteopathic Association Specialty Certifying Board in the specialty
of neurology, pain medicine and pain management, medical oncology,
psychiatry, infectious disease, internal medicine, pediatrics, family medicine,
or gastroenterology; and
(ii)
as a nonvoting member and the chair of the Compassionate Use Board, the
executive director or the director's designee.
(b)
In appointing the seven
qualified
recommending
medical providers described in
Subsection
(2)(a)
, the executive director shall ensure that at least two have a board
certification in pediatrics.
(3)
(a)
Of the members of the Compassionate Use Board that the executive director first
appoints:
(i)
three shall serve an initial term of two years; and
(ii)
the remaining members shall serve an initial term of four years.
(b)
After an initial term described in Subsection
(3)(a)
expires:
(i)
each term is four years; and
(ii)
each board member is eligible for reappointment.
(c)
A member of the Compassionate Use Board may serve until a successor is appointed.
(d)
Four members constitute a quorum of the Compassionate Use Board.
(4)
A member of the Compassionate Use Board may receive:
(a)
notwithstanding Section
63A-3-106
, compensation or benefits for the member's
service; and
(b)
travel expenses in accordance with Section
63A-3-107
and rules made by the
Division of Finance in accordance with Section
63A-3-107
.
(5)
The Compassionate Use Board shall:
(a)
review and recommend for department approval a petition to the board regarding an
individual described in Subsection
26B-4-213(2)(a)
, a minor described in Subsection
26B-4-213(2)(c)
, or an individual who is not otherwise qualified to receive a medical
cannabis card to obtain a medical cannabis card for compassionate use, for the
standard or a reduced period of validity, if:
(i)
for an individual who is not otherwise qualified to receive a medical cannabis
card, the individual's recommending medical provider is actively treating the
individual for an intractable condition that:
(A)
substantially impairs the individual's quality of life; and
(B)
has not, in the recommending medical provider's professional opinion,
adequately responded to conventional treatments;
(ii)
the recommending medical provider:
(A)
recommends that the individual or minor be allowed to use medical cannabis;
and
(B)
provides a letter, relevant treatment history, and notes or copies of progress
notes describing relevant treatment history including rationale for considering
the use of medical cannabis; and
(iii)
the Compassionate Use Board determines that:
(A)
the recommendation of the individual's recommending medical provider is
justified; and
(B)
based on available information, it may be in the best interests of the individual
to allow the use of medical cannabis;
(b)
when a recommending medical provider recommends that an individual described in
Subsection
26B-4-213(2)(a)(i)(B)
or a minor described in Subsection
26B-4-213(2)(c)

be allowed to use a medical cannabis device or medical cannabis to vaporize a
medical cannabis treatment, review and approve or deny the use of the medical
cannabis device or medical cannabis;
(c)
unless no petitions are pending:
(i)
meet to receive or review compassionate use petitions at least quarterly; and
(ii)
if there are more petitions than the board can receive or review during the board's
regular schedule, as often as necessary;
(d)
except as provided in Subsection
(6)
, complete a review of each petition and
recommend to the department approval or denial of the applicant for qualification for
a medical cannabis card within 90 days after the day on which the board received the
petition; and
(e)
consult with the department regarding the criteria described in Subsection
(6)
.
(6)
The department shall make rules, in consultation with the Compassionate Use Board
and in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to
establish a process and criteria for a petition to the board to automatically qualify for
expedited final review and approval or denial by the department in cases where, in the
determination of the department and the board:
(a)
time is of the essence;
(b)
engaging the full review process would be unreasonable in light of the petitioner's
physical condition; and
(c)
sufficient factors are present regarding the petitioner's safety.
(7)
(a)
(i)
The department shall review:
(A)
any compassionate use for which the Compassionate Use Board recommends
approval under Subsection
(5)(d)
to determine whether the board properly
exercised the board's discretion under this section; and
(B)
any expedited petitions the department receives under the process described in
Subsection
(6)
.
(ii)
If the department determines that the Compassionate Use Board properly
exercised the board's discretion in recommending approval under Subsection
(5)(d)

or that the expedited petition merits approval based on the criteria established in
accordance with Subsection
(6)
, the department shall:
(A)
issue the relevant medical cannabis card; and
(B)
provide for the renewal of the medical cannabis card in accordance with the
recommendation of the recommending medical provider described in
Subsection
(5)(a)
.
(b)
If the Compassionate Use Board recommends denial under Subsection
(5)(d)
, the
individual seeking to obtain a medical cannabis card may petition the department to
review the board's decision.
(c)
In reviewing the Compassionate Use Board's recommendation for approval or denial
under Subsection
(5)(d)
in accordance with this Subsection
(7)
, the department shall
presume the board properly exercised the board's discretion unless the department
determines that the board's recommendation was arbitrary or capricious.
(8)
Any individually identifiable health information contained in a petition that the
Compassionate Use Board or department receives under this section is a protected
record in accordance with Title 63G, Chapter 2, Government Records Access and
Management Act.
(9)
The Compassionate Use Board shall annually report the board's activity to the advisory
board.
Section 6. Section
26B-1-425
is amended to read:
26B-1-425
Effective
05/06/26
Repealed
07/01/27
. Utah Health Workforce
Advisory Council -- Creation and membership.
(1)
There is created within the department the Utah Health Workforce Advisory Council.
(2)
The council shall be comprised of at least 14 but not more than 19 members.
(3)
The following are members of the council:
(a)
the executive director or that individual's designee;
(b)
the executive director of the Department of Workforce Services or that individual's
designee;
(c)
the commissioner of higher education of the Utah System of Higher Education or
that individual's designee;
(d)
the state superintendent of the State Board of Education or that individual's designee;
(e)
the executive director of the Department of Commerce or that individual's designee;
(f)
the director of the Division of Multicultural Affairs or that individual's designee;
(g)
the director of the Utah Substance Use and Mental Health Advisory Committee or
that individual's designee;
(h)
the chair of the Utah Indian Health Advisory Board; and
(i)
the chair of the Utah Medical Education Council created in Section
26B-4-706
.
(4)
The executive director shall appoint at least five but not more than ten additional
members that represent diverse perspectives regarding Utah's health workforce as
defined in Section
26B-4-705
.
(5)
(a)
A member appointed by the executive director under Subsection
(4)
shall serve a
four-year term.
(b)
Notwithstanding Subsection
(5)(a)
for the initial appointments of members described
in Subsection
(4)
the executive director shall appoint at least three but not more than
five members to a two-year appointment to ensure that approximately half of the
members appointed by the executive director rotate every two years.
(6)
(a)
The executive director or the executive director's designee shall chair the council.
(b)
The executive director or the executive director's designee shall designate a member
appointed under Subsection
(4)
to serve as vice chair of the council.
(7)
(a)
As used in this Subsection
(7)
, "health workforce" means the same as that term is
defined in Section
26B-4-705
.
(b)
The council shall:
(i)
meet at least once each quarter;
(ii)
study and provide recommendations to an entity described in Subsection
(8)

regarding:
(A)
health workforce supply;
(B)
health workforce employment trends and demand;
(C)
options for training and educating the health workforce;
(D)
the implementation or improvement of strategies that entities in the state are
using or may use to address health workforce needs including shortages,
recruitment, retention, and other Utah health workforce priorities as determined
by the council;
(iii)
provide guidance to an entity described in Subsection
(8)
regarding health
workforce related matters;
(iv)
review and comment on legislation relevant to Utah's health workforce;
and
(v)
advise the Utah Board of Higher Education and the Legislature on the status and
needs of the health workforce who are in training
.
, including making policy
recommendations; and
(vi)
maintain independence from the department and the governor such that the
council and the council's subcommittees are able to provide independent advice
and recommendations, especially regarding proposed bills and policy
considerations.
(8)
The council shall provide information described in Subsections
(7)(b)(ii)
and
(iii)
to:
(a)
the Legislature;
(b)
the department;
(c)
the Department of Workforce Services;
(d)
the Department of Commerce;
(e)
the Utah Medical Education Council; and
(f)
any other entity the council deems appropriate upon the entity's request.
(9)
(a)
The Utah Medical Education Council created in Section
26B-4-706
is a
subcommittee of the council.
(b)
The council may establish subcommittees to support the work of the council.
(c)
A member of the council shall chair a subcommittee created by the council.
(d)
Except for the Utah Medical Education Council, the chair of the subcommittee may
appoint any individual to the subcommittee.
(10)
For any report created by the council that pertains to any duty described in Subsection
(7)
, the council shall:
(a)
provide the report to:
(i)
the department; and
(ii)
any appropriate legislative committee; and
(b)
post the report on the council's website.
(11)
The executive director shall:
(a)
ensure the council has adequate staff to support the council and any subcommittee
created by the council; and
(b)
provide any available information upon the council's request if:
(i)
that information is necessary for the council to fulfill a duty described in
Subsection
(7)
; and
(ii)
the department has access to the information.
(12)
A member of the council or a subcommittee created by the council may not receive
compensation or benefits for the member's service but may receive per diem and travel
expenses as allowed in:
(a)
Section
63A-3-106
;
(b)
Section
63A-3-107
; and
(c)
rules made by the Division of Finance according to Sections
63A-3-106
and
63A-3-107
.
Section 7. Section
26B-1-501
is amended to read:
26B-1-501
Effective
05/06/26
. Definitions.
As used in this part:
(1)
"Abuse" means the same as that term is defined in Section
80-1-102
.
(2)
"Child" means the same as that term is defined in Section
80-1-102
.
(3)
"Committee" means a fatality review committee that is formed under Section
26B-1-503

or
26B-1-504
.
(4)
"Dependency" means the same as that term is defined in Section
80-1-102
.
(5)
"Formal review" means a review of a death or a near fatality that is ordered under
Subsection
26B-1-502(5)
.
(6)
"Near fatality" means alleged abuse or neglect that, as certified by a physician or
physician assistant, places a child in serious or critical condition.
(7)
"Neglect" means the same as that term is defined in Section
80-1-102
.
(7)
(8)
"Qualified individual" means an individual who:
(a)
at the time that the individual dies, is a resident of a facility or program that is owned
or operated by the department or a division of the department;
(b)
(i)
is in the custody of the department or a division of the department; and
(ii)
is placed in a residential placement by the department or a division of the
department;
(c)
at the time that the individual dies, has an open case for the receipt of child welfare
services, including:
(i)
an investigation for abuse, neglect, or dependency;
(ii)
foster care;
(iii)
in-home services; or
(iv)
substitute care;
(d)
had an open case for the receipt of child welfare services within one year before the
day on which the individual dies;
(e)
was the subject of an accepted referral received by Adult Protective Services within
one year before the day on which the individual dies, if:
(i)
the department or a division of the department is aware of the death; and
(ii)
the death is reported as a homicide, suicide, or an undetermined cause;
(f)
received services from, or under the direction of, the Division of Services for People
with Disabilities within one year before the day on which the individual dies;
(g)
dies within 60 days after the day on which the individual is discharged from the Utah
State Hospital
or the Utah State Developmental Center
, if the department is aware of
the death;
(h)
is a child who:
(i)
suffers a near fatality; and
(ii)
is the subject of an open case for the receipt of child welfare services within one
year before the day on which the child suffered the near fatality, including:
(A)
an investigation for abuse, neglect, or dependency;
(B)
foster care;
(C)
in-home services; or
(D)
substitute care; or
(i)
is designated as a qualified individual by the executive director.
(8)
"Neglect" means the same as that term is defined in Section
80-1-102
.
(9)
"Substitute care" means the same as that term is defined in Section
80-1-102
.
Section 8. Section
26B-2-124.2
is amended to read:
26B-2-124.2
Effective
05/06/26
. Congregate care ombudsman.
(1)
As used in this section:
(a)
"Ombudsman" means the congregate care ombudsman created under this section.
(b)
"Report" means a communication received by the ombudsman and containing
information that the ombudsman determines warrants further investigation.
(2)
There is created within the department the title and position of congregate care
ombudsman.
(3)
(a)
The core roles and functions of the ombudsman include:
(i)
serving as a resource and advocate for children admitted to congregate care
programs; and
(ii)
receiving and investigating reports pertaining to a congregate care program or
staff.
(b)
The
ombudsmann
ombudsman
shall meet the following minimum qualifications:
(i)
have an understanding of congregate care services and supports;
(ii)
have an understanding of consumer-oriented public policy advocacy; and
(iii)
have an understanding of public policy and customer advocacy, including at
minimum:
(A)
a bachelors degree in social work, public policy, or other related field;
(B)
three years of experience in a field related to social work or public policy; or
(C)
a combination of experience and degree that the department deems sufficient.
(4)
The ombudsman shall have the following authority and duties:
(a)
to receive and consider communications pertaining to:
(i)
a congregate care program; and
(ii)
any individual who has accessed a congregate care program;
(b)
to investigate, at the ombudsman's discretion, a report for which the department or
other state agency lacks investigative authority;
(c)
to interview:
(i)
any child admitted to a congregate care program;
(ii)
the parent or guardian of a child admitted to a congregate care program;
(iii)
any individual staff of a congregate care program;
(iv)
a sending or receiving agency or program, whether public or private; or
(v)
any individual who has entered a program within the last year;
(d)
to enter or inspect any physical area of a program's facilities;
(e)
to access, copy, or inspect a program's records, including communications; and
(f)
to observe a program's operations, programming, or facilities.
(5)
The ombudsman shall refer all reports or information received by the ombudsman to the:
(a)
department; and
(b)
any other state or local agency authorized to investigate the report or information.
(6)
The ombudsman shall:
(a)
keep generally accepted business hours; and
(b)
maintain a messaging system to receive calls and collect messages during
non-operating hours.
(7)
The
office
department
shall make rules in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act, to implement and enforce this section.
Section 9. Section
26B-3-107
is amended to read:
26B-3-107
Effective
05/06/26
Partially Repealed
07/01/28
. Dental benefits.
(1)
(a)
Except as provided in Subsection
(8)
, the division may establish a competitive
bid process to bid out Medicaid dental benefits under this chapter.
(b)
The division may bid out the Medicaid dental benefits separately from other
program benefits.
(2)
The division shall use the following criteria to evaluate dental bids:
(a)
ability to manage dental expenses;
(b)
proven ability to handle dental insurance;
(c)
efficiency of claim paying procedures;
(d)
provider contracting, discounts, and adequacy of network; and
(e)
other criteria established by the department.
(3)
The division shall request bids for the program's benefits at least once every five years.
(4)
The division's contract with dental plans for the program's benefits shall include risk
sharing provisions in which the dental plan must accept 100% of the risk for any
difference between the division's premium payments per client and actual dental
expenditures.
(5)
The division may not award contracts to:
(a)
more than three responsive bidders under this section; or
(b)
an insurer that does not have a current license in the state.
(6)
(a)
The division may cancel the request for proposals if:
(i)
there are no responsive bidders; or
(ii)
the division determines that accepting the bids would increase the program's
costs.
(b)
If the division cancels a request for proposal or a contract that results from a request
for proposal described in Subsection
(6)(a)
, the division shall report to the Health and
Human Services Interim Committee regarding the reasons for the decision.
(7)
Title 63G, Chapter 6a, Utah Procurement Code
, shall apply to this section.
(8)
(1)
(a)
The division may:
(i)
establish a dental health care delivery system and payment reform pilot program
for Medicaid dental benefits to increase access to cost effective and quality dental
health care by increasing the number of dentists available for Medicaid dental
services; and
(ii)
target specific Medicaid populations or geographic areas in the state.
(b)
The pilot program shall establish compensation models for dentists and dental
hygienists that:
(i)
increase access to quality, cost effective dental care; and
(ii)
use funds from the Division of Family Health that are available to reimburse
dentists for educational loans in exchange for the dentist agreeing to serve
Medicaid and under-served populations.
(c)
The division may amend the state plan and apply to the Secretary of the United
States Department of Health and Human Services for waivers or pilot programs if
necessary to establish the new dental care delivery and payment reform model.
(d)
The division shall evaluate the pilot program's effect on the cost of dental care and
access to dental care for the targeted Medicaid populations.
(9)
(2)
(a)
As used in this Subsection
(9)
(2)
, "dental hygienist" means an individual
who is licensed as a dental hygienist under Section
58-69-301
.
(b)
The department shall reimburse a dental hygienist for dental services performed in a
public health setting and in accordance with Subsection
(9)(c)
(2)(c)
beginning on
the earlier of:
(i)
January 1, 2023; or
(ii)
30 days after the date on which the replacement of the department's Medicaid
Management Information System software is complete.
(c)
The department shall reimburse a dental hygienist directly for a service provided
through the Medicaid program if:
(i)
the dental hygienist requests to be reimbursed directly; and
(ii)
the dental hygienist provides the service within the scope of practice described in
Section
58-69-801
.
(d)
(i)
Except as provided in this Subsection
(9)
(2)
, nothing in this Subsection
(9)
(2)
shall be interpreted as expanding or otherwise altering the limitations and
scope of practice for a dental hygienist.
(ii)
A dental hygienist may only directly bill and receive compensation for billing
codes that fall within the scope of practice of a dental hygienist.
Section 10. Section
26B-3-208
is amended to read:
26B-3-208
Effective
05/06/26
. Medicaid waiver for delivery of adult dental
services.
(1)
(a)
Before June 30, 2016, the department shall ask CMS to grant waivers from federal
statutory and regulatory law necessary for the Medicaid program to provide dental
services in the manner described in Subsection
(2)(a)
.
(b)
Before June 30, 2018, the department shall submit to CMS a request for waivers, or
an amendment of existing waivers, from federal law necessary for the state to provide
dental services, in accordance with Subsections
(2)(b)(i)
and
(d)
through
(f)
, to an
individual described in Subsection
(2)(b)(i)
.
(c)
Before June 30, 2019, the department shall submit to CMS a request for waivers, or
an amendment to existing waivers, from federal law necessary for the state to:
(i)
provide dental services, in accordance with Subsections
(2)(b)(ii)
and
(d)
through
(f)
to an individual described in Subsection
(2)(b)(ii)
; and
(ii)
provide the services described in Subsection
(2)(g)
.
(d)
On or before January 1, 2024, the department shall submit to CMS a request for
waivers, or an amendment of existing waivers, from federal law necessary for the
state to provide dental services, in accordance with Subsections
(2)(b)(iii)
and
(d)

through
(f)
, to an individual described in Subsection
(2)(b)(iii)
.
(e)
The department shall submit to CMS a request for waivers, or an amendment of
existing waivers, from federal law necessary for the state to provide dental services,
in accordance with Subsections
(2)(b)(iv)
and
(d)
through (f), to an individual
described in Subsection
(2)(b)(iv)
.
(2)
(a)
To the extent funded, the department shall provide dental services to only blind or
disabled individuals, as defined in 42 U.S.C. Sec. 1382c(a)(1), who are 18 years old
or older and eligible for the program.
(b)
Notwithstanding Subsection
(2)(a)
:
(i)
if a waiver is approved under Subsection
(1)(b)
, the department shall provide
dental services to an individual who:
(A)
qualifies for the health coverage improvement program described in Section
26B-3-207
; and
(B)
is receiving treatment in a substance abuse treatment program, as defined in
Section
26B-2-101
, licensed under
Chapter 2, Part 1, Human Services
Programs and Facilities
;
(ii)
if a waiver is approved under Subsection
(1)(c)(i)
, the department shall provide
dental services to an individual who is an aged individual as defined in 42 U.S.C.
Sec. 1382c(a)(1); and
(iii)
if a waiver is approved under Subsection
(1)(d)
, the department shall provide
dental services to an individual who is:
(A)
not described in Subsection
(2)(a)
;
(B)
not described in Subsection
(2)(b)(i)
;
(C)
not described in Subsection
(2)(b)(ii)
;
(D)
not pregnant;
(E)
21 years old or older; and
(F)
eligible for full services through the Medicaid program
.
; and
(iv)
if a waiver is approved under Subsection
(1)(e)
, the department shall provide
dental services to an individual who is:
(A)
not described in Subsection
(2)(a)
;
(B)
not described in Subsection
(2)(b)(i)
;
(C)
not described in Subsection
(2)(b)(ii)
;
(D)
not described in Subsection
(2)(b)(iii)
; and
(E)
eligible for full services through the Medicaid program.
(c)
To the extent possible, services to individuals described in Subsection
(2)(a)
shall be
provided through the University of Utah School of Dentistry and the University of
Utah School of Dentistry's associated statewide network.
(d)
The department shall provide the services to individuals described in Subsection
(2)(b)
:
(i)
by contracting with an entity that:
(A)
has demonstrated experience working with individuals who are being treated
for both a substance use disorder and a major oral health disease;
(B)
operates a program, targeted at the individuals described in Subsection
(2)(b)
,
that has demonstrated, through a peer-reviewed evaluation, the effectiveness of
providing dental treatment to those individuals described in Subsection
(2)(b)
;
(C)
is willing to pay for an amount equal to the program's non-federal share of the
cost of providing dental services to the population described in Subsection
(2)(b)
; and
(D)
is willing to pay all state costs associated with applying for the waiver
described in Subsection
(1)(b)
and administering the program described in
Subsection
(2)(b)
; and
(ii)
through a fee-for-service payment model.
(e)
The entity that receives the contract under Subsection
(2)(d)(i)
shall cover all state
costs of the program described in Subsection
(2)(b)
.
(f)
Each fiscal year, the University of Utah School of Dentistry shall, in compliance with
state and federal regulations regarding intergovernmental transfers, transfer funds to
the program in an amount equal to the program's non-federal share of the cost of
providing services under this section through the school during the fiscal year.
(g)
If a waiver is approved under Subsection
(1)(c)(ii)
, the department shall provide
coverage for porcelain and porcelain-to-metal crowns if the services are provided:
(i)
to an individual who qualifies for dental services under Subsection
(2)(b)
; and
(ii)
by an entity that covers all state costs of:
(A)
providing the coverage described in this Subsection
(2)(g)
; and
(B)
applying for the waiver described in Subsection
(1)(c)
.
(h)
Where possible, the department shall ensure that dental services described in
Subsection
(2)(a)
that are not provided by the University of Utah School of Dentistry
or the University of Utah School of Dentistry's associated network are provided:
(i)
through free-for-service reimbursement until July 1, 2018; and
(ii)
after July 1, 2018, through the method of reimbursement used by the division for
Medicaid dental benefits.
(i)
Subject to appropriations by the Legislature, and as determined by the department,
the scope, amount, duration, and frequency of services provided under this section
may be limited.
(3)
(a)
If the waivers requested under Subsection
(1)(a)
are granted, the Medicaid
program shall begin providing dental services in the manner described in Subsection
(2)
no later than July 1, 2017.
(b)
If the waivers requested under Subsection
(1)(b)
are granted, the Medicaid program
shall begin providing dental services to the population described in Subsection
(2)(b)

within 90 days from the day on which the waivers are granted.
(c)
If the waivers requested under Subsection
(1)(c)(i)
are granted, the Medicaid
program shall begin providing dental services to the population described in
Subsection
(2)(b)(ii)
within 90 days after the day on which the waivers are granted.
(d)
If the waivers requested under Subsection
(1)(d)
are granted, the Medicaid program
shall begin providing dental services to the population described in Subsection
(2)(b)(iii)
within 90 days after the day on which the waivers are granted.
(4)
If the federal share of the cost of providing dental services under this section will be less
than 55% during any portion of the next fiscal year, the Medicaid program shall cease
providing dental services under this section no later than the end of the current fiscal
year.
Section 11. Section
26B-4-703
is amended to read:
26B-4-703
Effective
05/06/26
Repealed
07/01/26
. Rural Physician Loan
Repayment Program -- Purpose -- Repayment limit -- Funding -- Reporting --
Rulemaking -- Advisory committee.
(1)
There is created within the department the Rural Physician Loan Repayment Program to
provide, within funding appropriated by the Legislature for this purpose, education loan
repayment assistance to physicians in accordance with Subsection
(2)
.
(2)
The department may enter into an education loan repayment assistance contract with a
physician if:
(a)
the physician:
(i)
locates or continues to practice in a rural county; and
(ii)
has a written commitment from a rural hospital
or a rural hospital's contracted
hiring group
that the
hospital
employer
will provide education loan repayment
assistance to the physician;
(b)
the assistance provided by the program does not exceed the assistance provided by
the rural hospital
or the rural hospital's contracted hiring group
; and
(c)
the physician is otherwise eligible for assistance under administrative rules adopted
under Subsection
(6)
.
(3)
Funding for the program:
(a)
shall be a line item within an appropriations act;
(b)
may be used to pay for the per diem and travel expenses of the Rural Physician Loan
Repayment Program Advisory Committee under Subsection
26B-1-423(5)
; and
(c)
may be used to pay for department expenses incurred in the administration of the
program:
(i)
including administrative support provided to the Rural Physician Loan Repayment
Program Advisory Committee created under Subsection
26B-1-423(7)
; and
(ii)
in an amount not exceeding 10% of funding for the program.
(4)
Refunds of loan repayment assistance, penalties for breach of contract, and other
payments to the program are dedicated credits to the program.
(5)
Before November 2025 and every five years thereafter, the department shall provide a
report of the program's revenues, expenditures, and outcomes for the preceding five
years to the Social Services Appropriations Subcommittee.
(6)
(a)
In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
the department shall make rules governing the administration of the program,
including rules that address:
(i)
application procedures;
(ii)
eligibility criteria;
(iii)
verification of the amount provided by a rural hospital
, or the rural hospital's
contracted hiring group,
to a physician for repayment of the physician's education
loans;
(iv)
service conditions, which at a minimum shall include professional service by the
physician in the rural hospital providing loan repayment assistance to the
physician;
(v)
selection criteria and assistance amounts;
(vi)
penalties for failure to comply with service conditions or other terms of a loan
repayment assistance contract; and
(vii)
criteria for modifying or waiving service conditions or penalties in the case of
extreme hardship or for other good cause.
(b)
The department shall seek and consider the recommendations of the Rural Physician
Loan Repayment Program Advisory Committee created in Section
26B-1-423
as it
develops and modifies rules to administer the program.
Section 12. Section
26B-5-372
is amended to read:
26B-5-372
Effective
05/06/26
. Admission of person in custody of Department of
Corrections to state hospital -- Retransfer of person to Department of Corrections.
(1)
(a)
The executive director of the Department of Corrections
or the executive director's
designee
may request the director
or the director's designee
to admit a person who is
in the custody of the Department of Corrections to the state hospital,
if the clinical
director within the Department of Corrections finds
in coordination with the
department and Correctional Health Services, if the following individuals find
that
the inmate has mentally deteriorated to the point that admission to the state hospital is
necessary to ensure adequate mental health treatment
. In determining whether that
inmate should be placed in the state hospital, the director of the division shall
consider:
:
(a)
the mental health treatment needs of the inmate;
(b)
the treatment programs available at the state hospital; and
(c)
whether the inmate meets the requirements of Subsection
26B-5-306(2)
.
(i)
the executive director of the Department of Corrections or the executive director's
designee; and
(ii)
the director or the director's designee.
(b)
If a finding described in Subsection
(1)(a)
is made, the Department of Corrections
and the department shall enter into a memorandum of understanding that outlines:
(i)
the process used for determining the inmate's eligibility for admission to the state
hospital;
(ii)
a process for transferring the inmate to the state hospital;
(iii)
a process for developing a treatment plan for the inmate; and
(iv)
a discharge process.
(c)
The following individuals shall execute the memorandum of understanding described
in Subsection
(1)(b)
:
(i)
the executive director of the Department of Corrections or the executive director's
designee; and
(ii)
the director or the director's designee.
(2)
If the director denies the admission of an inmate as requested by the clinical director
within the Department of Corrections, the Board of Pardons and Parole shall determine
whether the inmate will be admitted to the state hospital. The Board of Pardons and
Parole shall consider:
(a)
the mental health treatment needs of the inmate;
(b)
the treatment programs available at the state hospital; and
(c)
whether the inmate meets the requirements of Subsection
26B-5-306(2)
.
(3)
The state hospital shall receive any person in the custody of the Department of
Corrections when ordered by either the director or the Board of Pardons and Parole,
pursuant to Subsection
(1)
or
(2)
. Any person so transferred to the state hospital shall
remain in the custody of the Department of Corrections, and the state hospital shall act
solely as the agent of the Department of Corrections.
(4)
Inmates transferred to the state hospital pursuant to this section shall be transferred
back to the Department of Corrections through negotiations between the director and the
director of the Department of Corrections. If agreement between the director and the
director of the Department of Corrections cannot be reached, the Board of Pardons and
Parole shall have final authority in determining whether a person will be transferred
back to the Department of Corrections. In making that determination, that board shall
consider:
(a)
the mental health treatment needs of the inmate;
(b)
the treatment programs available at the state hospital;
(c)
whether the person continues to meet the requirements of Subsection
26B-5-306(2)
;
(d)
the ability of the state hospital to provide adequate treatment to the person, as well
as safety and security to the public; and
(e)
whether, in the opinion of the director, in consultation with the clinical director of
the state hospital, the person's treatment needs have been met
.
Section 13. Section
26B-6-402
is amended to read:
26B-6-402
Effective
05/06/26
. Division of Services for People with Disabilities --
Creation -- Authority -- Direction -- Provision of services.
(1)
There is created within the department the Division of Services for People with
Disabilities, under the administrative direction of the executive director of the
department.
(2)
In accordance with this part, the division has the responsibility to plan and deliver an
appropriate array of services and supports to persons with disabilities and their families
in this state.
(3)
Within appropriations from the Legislature, the division shall provide services to any
individual with a disability who is eligible to receive division services.
(4)
(a)
Except as provided in Subsection
(4)(c)
, any new appropriations designated to
serve eligible individuals waiting for services from the division shall be allocated, as
determined by the division by rule based on the:
(i)
severity of the disability;
(ii)
urgency of the need for services;
(iii)
ability of a parent or guardian to provide the individual with appropriate care and
supervision; and
(iv)
length of time during which the individual has not received services from the
division.
(b)
Funds from Subsection
(4)(a)
that are not spent by the division at the end of the
fiscal year may be used as set forth in Subsection
(7)
.
(c)
Subsections
(4)(a)
and
(b)
do not apply to any new appropriations designated to
provide limited support services.
(5)
The division:
(a)
has the functions, powers, duties, rights, and responsibilities described in Section
26B-6-403
; and
(b)
is authorized to work in cooperation with other state, governmental, and private
agencies to carry out the responsibilities described in Subsection
(5)(a)
.
(6)
Within appropriations authorized by the Legislature, and to the extent allowed under
Title XIX of the Social Security Act, the division shall ensure that the services and
support that the division provides to an individual with a disability:
(a)
are provided in the least restrictive and most enabling environment;
(b)
ensure opportunities to access employment; and
(c)
enable reasonable personal choice in selecting services and support that:
(i)
best meet individual needs; and
(ii)
promote:
(A)
independence;
(B)
productivity; and
(C)
integration in community life.
(7)
(a)
Appropriations to the division are nonlapsing.
(b)
After an individual stops receiving services under this section, the division shall use
the funds that paid for the individual's services to provide services under this section
to another eligible individual in an intermediate care facility transitioning to
division
home
-
and

community-based
services, if the funds were allocated under a program
established under Section
26B-3-108
to transition individuals with intellectual
disabilities from an intermediate care facility.
(c)
Except as provided in Subsection
(7)(b)
, if an individual receiving services under
Subsection
(4)(a)
ceases to receive those services, the division shall use the funds that
were allocated to that individual to provide services to another eligible individual
waiting for services as described in Subsection
(4)(a)
.
(d)
Funds unexpended by the division at the end of the fiscal year may be used only for
one-time expenditures unless otherwise authorized by the Legislature.
(e)
A one-time expenditure under this section:
(i)
is not an entitlement;
(ii)
may be withdrawn at any time; and
(iii)
may provide short-term, limited services, including:
(A)
respite care;
(B)
service brokering;
(C)
family skill building and preservation classes;
(D)
after school group services; and
(E)
other professional services.
Section 14. Section
26B-6-703
is amended to read:
26B-6-703
Effective
05/06/26
. Powers and duties of ombudsman.
The ombudsman shall:
(1)
develop and maintain expertise in laws and policies governing the rights and privileges
of an individual with a disability;
(2)
provide training and information to private citizens, civic groups, governmental entities,
and other interested parties across the state regarding:
(a)
the role and duties of the ombudsman;
(b)
the rights and privileges of an individual with a disability; and
(c)
services available in the state to an individual with a disability;
(3)
develop a website to provide the information described in Subsection
(2)
in a form that
is easily accessible;
(4)
receive, process, and investigate complaints in accordance with this part;
(5)
review periodically the procedures of state entities that serve individuals with a
disability;
(6)
cooperate and coordinate with governmental entities and other organizations in the
community in exercising the duties under this section, including the long-term care
ombudsman program, created in Section
26B-2-303
, and the child protection
ombudsman,
appointed
created
under Section
80-2-1104
, when there is overlap
between the responsibilities of the ombudsman and the long-term care ombudsman
program or the child protection ombudsman;
(7)
as appropriate, make recommendations to the division regarding rules to be made in
accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, that the
ombudsman considers necessary to carry out the ombudsman's duties under this part; and
(8)
perform other duties required by law.
Section 15. Section
26B-7-501
is amended to read:
26B-7-501
Effective
05/06/26
. Definitions.
As used in this part:
(1)
"Community location" means the same as that term is defined:
(a)
as it relates to a municipality, in Section
10-8-41.6
; and
(b)
as it relates to a county, in Section
17-50-333
17-78
-1004
.
(2)
"Electronic cigarette" means the same as that term is defined in Section
76-9-1101
.
(3)
"Electronic cigarette product" means the same as that term is defined in Section
76-9-1101
.
(4)
"Electronic cigarette substance" means the same as that term is defined in Section
76-9-1101
.
(5)
"Employee" means an employee of a tobacco retailer.
(6)
"Enforcing agency" means the department, or any local health department enforcing the
provisions of this part.
(7)
"General tobacco retailer" means a tobacco retailer that is not a retail tobacco specialty
business.
(8)
"Local health department" means the same as that term is defined in Section
26A-1-102
.
(9)
"Manufacture" includes:
(a)
to cast, construct, or make electronic cigarettes; or
(b)
to blend, make, process, or prepare an electronic cigarette substance.
(10)
"Manufacturer sealed electronic cigarette substance" means an electronic cigarette
substance that is sold in a container that:
(a)
is prefilled by the electronic cigarette substance manufacturer; and
(b)
the electronic cigarette manufacturer does not intend for a consumer to open.
(11)
"Manufacturer sealed electronic cigarette product" means:
(a)
an electronic cigarette substance or container that the electronic cigarette
manufacturer does not intend for a consumer to open or refill; or
(b)
a prefilled electronic cigarette as that term is defined in Section
76-9-1101
.
(12)
"Nicotine" means the same as that term is defined in Section
76-9-1101
.
(13)
"Nicotine product" means the same as that term is defined in Section
76-9-1101
.
(14)
"Non-tobacco shisha" means any product that:
(a)
does not contain tobacco or nicotine; and
(b)
is smoked or intended to be smoked in a hookah or water pipe.
(15)
"Owner" means a person holding a 20% ownership interest in the business that is
required to obtain a permit under this part.
(16)
"Permit" means a tobacco retail permit issued under Section
26B-7-507
.
(17)
"Place of public access" means any enclosed indoor place of business, commerce,
banking, financial service, or other service-related activity, whether publicly or privately
owned and whether operated for profit or not, to which persons not employed at the
place of public access have general and regular access or which the public uses,
including:
(a)
buildings, offices, shops, elevators, or restrooms;
(b)
means of transportation or common carrier waiting rooms;
(c)
restaurants, cafes, or cafeterias;
(d)
taverns as defined in Section
32B-1-102
, or cabarets;
(e)
shopping malls, retail stores, grocery stores, or arcades;
(f)
libraries, theaters, concert halls, museums, art galleries, planetariums, historical sites,
auditoriums, or arenas;
(g)
barber shops, hair salons, or laundromats;
(h)
sports or fitness facilities;
(i)
common areas of nursing homes, hospitals, resorts, hotels, motels, "bed and
breakfast" lodging facilities, and other similar lodging facilities, including the
lobbies, hallways, elevators, restaurants, cafeterias, other designated dining areas, and
restrooms of any of these;
(j)
(i)
any child care facility or program subject to licensure or certification under this
title, including those operated in private homes, when any child cared for under
that license is present; and
(ii)
any child care, other than child care as defined in Section
26B-2-401
, that is not
subject to licensure or certification under this title, when any child cared for by the
provider, other than the child of the provider, is present;
(k)
public or private elementary or secondary school buildings and educational facilities
or the property on which those facilities are located;
(l)
any building owned, rented, leased, or otherwise operated by a social, fraternal, or
religious organization when used solely by the organization members or the
members' guests or families;
(m)
any facility rented or leased for private functions from which the general public is
excluded and arrangements for the function are under the control of the function
sponsor;
(n)
any workplace that is not a place of public access or a publicly owned building or
office but has one or more employees who are not owner-operators of the business;
(o)
any area where the proprietor or manager of the area has posted a conspicuous sign
stating "no smoking", "thank you for not smoking", or similar statement; and
(p)
a holder of a bar establishment license, as defined in Section
32B-1-102
.
(18)
(a)
"Proof of age" means:
(i)
a valid identification card issued under
Title 53, Chapter 3, Part 8, Identification
Card Act
;
(ii)
a valid identification that:
(A)
is substantially similar to an identification card issued under
Title 53, Chapter
3, Part 8, Identification Card Act
;
(B)
is issued in accordance with the laws of a state other than Utah in which the
identification is issued;
(C)
includes date of birth; and
(D)
has a picture affixed;
(iii)
a valid driver license certificate that is issued under
Title 53, Chapter 3, Uniform
Driver License Act
, or in accordance with the laws of the state in which the valid
driver license is issued;
(iv)
a valid United States military identification card that:
(A)
includes date of birth; and
(B)
has a picture affixed; or
(v)
a valid passport.
(b)
"Proof of age" does not include a valid driving privilege card issued in accordance
with Section
53-3-207
.
(19)
"Publicly owned building or office" means any enclosed indoor place or portion of a
place owned, leased, or rented by any state, county, or municipal government, or by any
agency supported by appropriation of, or by contracts or grants from, funds derived from
the collection of federal, state, county, or municipal taxes.
(20)
"Retail tobacco specialty business" means the same as that term is defined:
(a)
as it relates to a municipality, in Section
10-8-41.6
; and
(b)
as it relates to a county, in Section
17-50-333
17-78-1004
.
(21)
"Shisha" means any product that:
(a)
contains tobacco or nicotine; and
(b)
is smoked or intended to be smoked in a hookah or water pipe.
(22)
"Smoking" means:
(a)
the possession of any lighted or heated tobacco product in any form;
(b)
inhaling, exhaling, burning, or carrying any lighted or heated cigar, cigarette, pipe, or
hookah that contains:
(i)
tobacco or any plant product intended for inhalation;
(ii)
shisha or non-tobacco shisha;
(iii)
nicotine;
(iv)
a natural or synthetic tobacco substitute; or
(v)
a natural or synthetic flavored tobacco product;
(c)
using an electronic cigarette; or
(d)
using an oral smoking device intended to circumvent the prohibition of smoking in
this part.
(23)
"Tax commission license" means a license issued by the State Tax Commission under:
(a)
Section
59-14-201
to sell a cigarette at retail;
(b)
Section
59-14-301
to sell a tobacco product at retail; or
(c)
Section
59-14-803
to sell an electronic cigarette product or a nicotine product.
(24)
"Tobacco product" means:
(a)
a tobacco product as defined in Section
76-9-1101
; or
(b)
tobacco paraphernalia as defined in Section
76-9-1101
.
(25)
"Tobacco retailer" means a person that is required to obtain a tax commission license.
Section 16. Section
26B-7-508
is amended to read:
26B-7-508
Effective
05/06/26
. Permit application.
(1)
A local health department shall issue a permit for a tobacco retailer if the local health
department determines that the applicant:
(a)
accurately provided all information required under Subsection
(3)
and, if applicable,
Subsection
(4)
; and
(b)
meets all requirements for a permit under this part.
(2)
An applicant for a permit shall:
(a)
submit an application described in Subsection
(3)
to the local health department with
jurisdiction over the area where the tobacco retailer is located; and
(b)
pay all applicable fees described in Section
26B-7-509
.
(3)
The application for a permit shall include:
(a)
the name, address, and telephone number of each proprietor;
(b)
the name and mailing address of each proprietor authorized to receive permit-related
communication and notices;
(c)
the business name, address, and telephone number of the single, fixed location for
which a permit is sought;
(d)
evidence that the location for which a permit is sought has a valid tax commission
license;
(e)
information regarding whether, in the past 24 months, any proprietor of the tobacco
retailer has been determined to have violated, or has been a proprietor at a location
that has been determined to have violated:
(i)
a provision of this part;
(ii)
Section
26B-7-503
;
(iii)
Title 76, Chapter 9, Part 11, Cigarettes, Tobacco, and Psychotoxic Chemical
Solvents
;
(iv)
Title 76, Chapter 17, Part 4, Offenses Concerning a Pattern of Unlawful Activity
Title 76, Chapter 17, Part 4, Offenses Concerning Patterns of Unlawful Activity
;
(v)
regulations restricting the sale and distribution of cigarettes and smokeless
tobacco issued by the United States Food and Drug Administration, 21 C.F.R.
Part
1140
; or
(vi)
any other provision of state law or local ordinance regarding the sale, marketing,
or distribution of a tobacco product, an electronic cigarette product, or a nicotine
product; and
(f)
the dates of all violations disclosed under this Subsection
(3)
.
(4)
(a)
In addition to the information described in Subsection
(3)
, an applicant for a retail
tobacco specialty business permit shall include evidence showing whether the
business is located within:
(i)
1,000 feet of a community location;
(ii)
600 feet of another retail tobacco specialty business; or
(iii)
600 feet of property used or zoned for agricultural or residential use.
(b)
For purposes of Subsection
(4)(a)
, the proximity requirements shall be measured in a
straight line from the nearest entrance of the retail tobacco specialty business to the
nearest property boundary of a location described in Subsections
(4)(a)(i)
through
(iii)
,
without regard to intervening structures or zoning districts.
(5)
The department or a local health department may not deny a permit to a retail tobacco
specialty business under Subsection
(4)
if the retail tobacco specialty business meets the
requirements described in Subsection
10-8-41.6(7)
or
17-50-333(7)
Section
17-78-1004
.
(6)
(a)
The department shall establish by rule made in accordance with
Title 63G,
Chapter 3, Utah Administrative Rulemaking Act
, a permit process for local health
departments in accordance with this part.
(b)
The permit process established by the department under Subsection
(6)(a)
may not
require any information in an application that is not required by this section.
Section 17. Section
26B-7-514
is amended to read:
26B-7-514
Effective
05/06/26
. Permit violation.
A person is in violation of the permit issued under this part if the person violates:
(1)
a provision of this part;
(2)
a provision of licensing laws under Section
10-8-41.6
or Section
17-50-333
17-78-1004
;
(3)
a provision of
Title 76, Chapter 9, Part 11, Cigarettes, Tobacco, and Psychotoxic
Chemical Solvents
;
(4)
a provision of
Title 76, Chapter 17, Part 4, Offenses Concerning a Pattern of Unlawful
Activity
;
(5)
a regulation restricting the sale and distribution of cigarettes and smokeless tobacco
issued by the United States Food and Drug Administration under 21 C.F.R.
Part 1140
; or
(6)
any other provision of state law or local ordinance regarding the sale, marketing, or
distribution of a tobacco product, an electronic cigarette product, or a nicotine product.
Section 18. Section
26B-7-516
is amended to read:
26B-7-516
Effective
05/06/26
. Inspection of retail tobacco businesses.
The department or a local health department may inspect a tobacco retailer to determine
whether the tobacco retailer:
(1)
continues to meet the qualifications for the permit issued under this part;
(2)
if applicable, continues to meet the requirements for a retail tobacco specialty business
license issued under Section
10-8-41.6
or Section
17-50-333
17-78-1004
;
(3)
engaged in a pattern of unlawful activity under
Title 76, Chapter 17, Part 4, Offenses
Concerning a Pattern of Unlawful Activity
Title 76, Chapter 17, Part 4, Offenses
Concerning Patterns of Unlawful Activity
;
(4)
violated any of the regulations restricting the sale and distribution of cigarettes and
smokeless tobacco issued by the United States Food and Drug Administration under 21
C.F.R.
Part 1140
; or
(5)
has violated any other provision of state law or local ordinance.
Section 19. Section
26B-7-518
is amended to read:
26B-7-518
Effective
05/06/26
. Penalties.
(1)
(a)
If an enforcing agency determines that a person has violated the terms of a permit
issued under this part, the enforcing agency may impose the penalties described in
this section.
(b)
If multiple violations are found in a single inspection by an enforcing agency or a
single investigation by a law enforcement agency under Section
77-39-101
, the
enforcing agency shall treat the multiple violations as one single violation under
Subsections
(2)
,
(3)
, and
(4)
.
(2)
Except as provided in Subsections
(3)
and
(4)
, if a violation is found in an investigation
by a law enforcement agency under Section
77-39-101
or an inspection by an enforcing
agency, the enforcing agency shall:
(a)
on a first violation at a retail location, impose a penalty of $1,000;
(b)
on a second violation at the same retail location that occurs within one year of a
previous violation, impose a penalty of $1,500;
(c)
on a third violation at the same retail location that occurs within two years after two
previous violations, impose:
(i)
a suspension of the permit for 30 consecutive business days within 60 days after
the day on which the third violation occurs; or
(ii)
a penalty of $2,000; and
(d)
on a fourth or subsequent violation within two years of three previous violations:
(i)
impose a penalty of $2,000;
(ii)
revoke a permit of the retailer; and
(iii)
if applicable, recommend to a municipality or county that a retail tobacco
specialty business license issued under Section
10-8-41.6
or
17-50-333
17-78-1004
be suspended or revoked.
(3)
If a violation is found in an investigation of a general tobacco retailer by a law
enforcement agency under Section
77-39-101
for the sale of a tobacco product, an
electronic cigarette product, or a nicotine product to an individual under 21 years old
and the violation is committed by the owner of the general tobacco retailer, the
enforcing agency shall:
(a)
on a first violation, impose a fine of $2,000 on the general tobacco retailer; and
(b)
on the second violation for the same general tobacco retailer within one year of the
first violation:
(i)
impose a fine of $5,000; and
(ii)
revoke the permit for the general tobacco retailer.
(4)
If a violation is found in an investigation of a retail tobacco specialty business by a law
enforcement agency under Section
77-39-101
for the sale of a tobacco product, an
electronic cigarette product, or a nicotine product to an individual under 21 years old,
the enforcing agency shall:
(a)
on the first violation:
(i)
impose a fine of $5,000; and
(ii)
immediately suspend the permit for 30 consecutive days; and
(b)
on the second violation at the same retail location within two years of the first
violation:
(i)
impose a fine of $10,000; and
(ii)
revoke the permit for the retail tobacco specialty business.
(5)
(a)
Except when a transfer described in Subsection
(6)
occurs, a local health
department may not issue a permit to:
(i)
a tobacco retailer for whom a permit is suspended or revoked under Subsection
(2)

or
(3)
; or
(ii)
a tobacco retailer that has the same proprietor, director, corporate officer, partner,
or other holder of significant interest as another tobacco retailer for whom a
permit is suspended or revoked under Subsection
(2)
,
(3)
, or
(4)
.
(b)
A person whose permit:
(i)
is suspended under this section may not apply for a new permit for any other
tobacco retailer for a period of 12 months after the day on which an enforcing
agency suspends the permit; and
(ii)
is revoked under this section may not apply for a new permit for any tobacco
retailer for a period of 24 months after the day on which an enforcing agency
revokes the permit.
(6)
Violations of this part, Section
10-8-41.6
, or Section
17-50-333
17-78-1004
that occur
at a tobacco retailer location shall stay on the record for that tobacco retailer location
unless:
(a)
the tobacco retailer is transferred to a new proprietor; and
(b)
the new proprietor provides documentation to the local health department that the
new proprietor is acquiring the tobacco retailer in an arm's length transaction from
the previous proprietor.
Section 20. Section
26B-8-217
is amended to read:
26B-8-217
Effective
05/06/26
. Records of medical examiner -- Confidentiality.
(1)
For purposes of this section, "deidentify" means to remove personally identifying
information about a decedent or the decedent's family and any other information that
may be used to identify a decedent.
(2)
The medical examiner shall maintain complete, original records for the medical
examiner record, which shall:
(a)
be properly indexed, giving the name, if known, or otherwise identifying every
individual whose death is investigated;
(b)
indicate the place where the body was found;
(c)
indicate the date of death;
(d)
indicate the cause and manner of death;
(e)
indicate the occupation of the decedent, if available;
(f)
include all other relevant information concerning the death; and
(g)
include a full report and detailed findings of the autopsy or report of the investigation.
(3)
(a)
Upon written request from an individual described in Subsections
(3)(a)(i)

through
(iv)
, the medical examiner shall provide a copy of the autopsy report,
toxicology report, lab reports, investigative reports, documents generated by the
medical examiner related to any report, and any other specifically requested portions
of the medical examiner record, if any, to any of the following:
(i)
a decedent's immediate relative;
(ii)
a decedent's legal representative;
(iii)
a physician or physician assistant who attended the decedent during the year
before the decedent's death; or
(iv)
a county attorney, a district attorney, a criminal defense attorney, or other law
enforcement official with jurisdiction, as necessary for the performance of the
attorney or official's professional duties.
(b)
Subject to Subsection
(3)(c)
, upon written request from the director or a designee of
the director of an entity described in Subsections
(3)(b)(i)
through
(iv)
, the medical
examiner may provide a copy of any medical examiner report or other portions of the
medical examiner's record described in Subsection
(3)(a)
, to any of the following
entities as necessary for performance of the entity's official purposes:
(i)
a local health department;
(ii)
a local mental health authority;
(iii)
a public health authority; or
(iv)
another state or federal governmental agency.
(c)
The medical examiner may provide a copy of a report or portion of the medical
examiner's record described in Subsection
(3)(a)
, if the report or portion of the
medical examiner's record relates to an issue of public health or safety, as further
defined by rule made by the department in accordance with Title 63G, Chapter 3,
Utah Administrative Rulemaking Act.
(4)
Reports provided under Subsection
(3)
may not include records that the medical
examiner obtains from a third party in the course of investigating the decedent's death.
(5)
(a)
The medical examiner may provide a medical examiner record to a researcher
who:
(i)
has an advanced degree;
(ii)
(A)
is affiliated with an accredited college or university, a hospital, or another
system of care, including an emergency medical response or a local health
agency; or
(B)
is part of a research firm contracted with an accredited college or university, a
hospital, or another system of care;
(iii)
requests a medical examiner record for a research project or a quality
improvement initiative that will have a public health benefit, as determined by the
department; and
(iv)
provides to the medical examiner an approval from:
(A)
the researcher's sponsoring organization; and
(B)
the Utah Department of Health and Human Services Institutional Review
Board.
(b)
Records provided under Subsection
(5)(a)
may not include a third party record,
unless:
(i)
a court has ordered disclosure of the third party record; and
(ii)
disclosure is conducted in compliance with state and federal law.
(c)
(i)
A person who obtains a medical examiner record under Subsection
(5)(a)
shall:
(A)
maintain the confidentiality of the medical examiner record and deidentify the
medical examiner record before using the medical examiner record in research;
(B)
conduct any research within and under the supervision of the Office of the
Medical Examiner, if the medical examiner record contains a third party record
with personally identifiable information;
(C)
limit the use of a medical examiner record to the purpose for which the person
requested the medical examiner record;
(D)
destroy a medical examiner record and the data abstracted from the medical
examiner record at the conclusion of the research for which the person
requested the medical examiner record;
(E)
reimburse the medical examiner, as provided in Section
26B-1-209
, for any
costs incurred by the medical examiner in providing a medical examiner record;
(F)
allow the medical examiner to review, before public release, a publication in
which data from a medical examiner record is referenced or analyzed; and
(G)
provide the medical examiner access to the researcher's database containing
data from a medical examiner record, until the day on which the researcher
permanently destroys the medical examiner record and all data obtained from
the medical examiner record.
(ii)
A person who fails to comply with the requirements of Subsections
(5)(c)(i)(A)

through
(D)
is guilty of a class B misdemeanor.
(6)
(a)
Except as provided in Subsections
(6)(b)
and (c), it is a class B misdemeanor for a
person who receives a photograph or video of a decedent under Subsection
(3)
of this
section to knowingly share, publish, or otherwise distribute or make available to
another person a photograph or video of a decedent if the photograph or video:
(i)
is part of the medical examiner's record; and
(ii)
is not in the public domain at the time that the person shared, published,
distributed, or otherwise made the photograph or video available.
(b)
Subsection
(6)
does not apply to an employee or contractor of the Office of the
Medical Examiner who, in the course of performing or assisting with the duties of the
Office of the Medical Examiner, and in accordance with any applicable department
rules, shares, publishes, distributes, or makes available:
(i)
a photograph or video of a decedent for consultation with other professionals in
determining cause and manner of the decedent's death; or
(ii)
a deidentified photograph or video of a decedent for:
(A)
training and services authorized under Section
26B-8-222
;
(B)
research;
(C)
presentations and publication for academic or educational purposes; or
(D)
other purposes provided by law.
(c)
Subsection
(6)
does not apply to:
(i)
a member, a contractor, or an employee of a law enforcement agency or
prosecutorial agency who, in the course of performing or assisting with the duties
of the agency, shares, publishes, distributes, or makes available a deidentified
photograph or video of a decedent for the purposes of training;
(ii)
an individual who shares or makes available a photograph or video of a decedent
for the purposes of adjudicating a claim in an administrative or judicial
proceeding; or
(iii)
an individual who shares, publishes, distributes, or makes available a photograph
or video of a decedent pursuant to lawful subpoena, court order, or the
Government Records Access and Management Act.
(7)
The department may make rules, in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act, and in consideration of applicable state and federal
law, to establish permissible uses and disclosures of a medical examiner record or other
record obtained under this section.
(8)
Except as provided in this
chapter
part
or ordered by a court, the medical examiner
may not disclose any part of a medical examiner record.
Section 21. Section
63I-1-226
is amended to read:
63I-1-226
Effective
05/06/26
. Repeal dates: Titles 26 through 26B.
(1)
Subsection
26B-1-204(2)(g)
, regarding the Youth Electronic Cigarette, Marijuana, and
Other Drug Prevention Committee, is repealed July 1, 2030.
(2)
Subsection
26B-1-204(2)(h)
, regarding the Primary Care Grant Committee, is repealed
July 1, 2035.
(3)
Section
26B-1-315
, Medicaid ACA Fund, is repealed July 1, 2034.
(4)
Section
26B-1-318
, Brain and Spinal Cord Injury Fund, is repealed July 1, 2029.
(5)
Section
26B-1-402
, Rare Disease Advisory Council Grant Program -- Creation --
Reporting, is repealed July 1, 2026.
(6)
Section
26B-1-409
, Utah Digital Health Service Commission -- Creation -- Membership
-- Duties, is repealed July 1, 2025.
(7)
Section
26B-1-410
, Primary Care Grant Committee, is repealed July 1, 2035.
(8)
Section
26B-1-417
, Brain and Spinal Cord Injury Advisory Committee -- Membership
-- Duties, is repealed July 1, 2029.
(9)
Section
26B-1-422
, Early Childhood Utah Advisory Council -- Creation --
Compensation -- Duties, is repealed July 1, 2029.
(10)
Section
26B-1-425
, Utah Health Workforce Advisory Council -- Creation and
membership, is repealed July 1, 2027.
(11)
Section
26B-1-428
, Youth Electronic Cigarette, Marijuana, and Other Drug Prevention
Committee and Program -- Creation -- Membership -- Duties, is repealed July 1, 2030.
(12)
Section
26B-1-430
, Coordinating Council for Persons with Disabilities -- Policy
regarding services to individuals with disabilities -- Creation -- Membership --
Expenses, is repealed July 1, 2027.
(13)
Section
26B-1-432
, Newborn Hearing Screening Committee, is repealed July 1, 2026.
(14)
Section
26B-2-407
, Drinking water quality in child care centers, is repealed July 1,
2027.
(15)
Subsection
26B-3-107(9
)
26B-3-107(2)
, regarding reimbursement for dental
hygienists, is repealed July 1, 2028.
(16)
Section
26B-3-136
, Children's Health Care Coverage Program, is repealed July 1, 2025.
(17)
Section
26B-3-137
, Reimbursement for diabetes prevention program, is repealed June
30, 2027.
(18)
Subsection
26B-3-213(2)(b)
, regarding consultation with the Behavioral Health Crisis
Response Committee, is repealed December 31, 2026.
(19)
Section
26B-3-302
, DUR Board -- Creation and membership -- Expenses, is repealed
July 1, 2027.
(20)
Section
26B-3-303
, DUR Board -- Responsibilities, is repealed July 1, 2027.
(21)
Section
26B-3-304
, Confidentiality of records, is repealed July 1, 2027.
(22)
Section
26B-3-305
, Drug prior approval program, is repealed July 1, 2027.
(23)
Section
26B-3-306
, Advisory committees, is repealed July 1, 2027.
(24)
Section
26B-3-307
, Retrospective and prospective DUR, is repealed July 1, 2027.
(25)
Section
26B-3-308
, Penalties, is repealed July 1, 2027.
(26)
Section
26B-3-309
, Immunity, is repealed July 1, 2027.
(27)
Title 26B, Chapter 3, Part 5, Inpatient Hospital Assessment, is repealed July 1, 2034.
(28)
Title 26B, Chapter 3, Part 6, Medicaid Expansion Hospital Assessment, is repealed
July 1, 2034.
(29)
Title 26B, Chapter 3, Part 7, Hospital Provider Assessment, is repealed July 1, 2028.
(30)
Section
26B-3-910
, Alternative eligibility -- Report -- Alternative Eligibility
Expendable Revenue Fund, is repealed July 1, 2028.
(31)
Section
26B-4-710
, Rural residency training program, is repealed July 1, 2025.
(32)
Subsection
26B-5-112(1)(b)
, regarding consultation with the Behavioral Health Crisis
Response Committee, is repealed December 31, 2026.
(33)
Subsection
26B-5-112(5)(b)
, regarding consultation with the Behavioral Health Crisis
Response Committee, is repealed December 31, 2026.
(34)
Section
26B-5-112.5
, Mobile Crisis Outreach Team Grant Program, is repealed
December 31, 2026.
(35)
Section
26B-5-114
, Behavioral Health Receiving Center Grant Program, is repealed
December 31, 2026.
(36)
Section
26B-5-118
, Collaborative care grant program, is repealed December 31, 2024.
(37)
Section
26B-5-120
, Virtual crisis outreach team grant program, is repealed December
31, 2026.
(38)
Subsection
26B-5-609(1)(a)
, regarding the Behavioral Health Crisis Response
Committee, is repealed December 31, 2026.
(39)
Subsection
26B-5-609(3)(b)
, regarding the Behavioral Health Crisis Response
Committee, is repealed December 31, 2026.
(40)
Subsection
26B-5-610(1)(b)
, regarding the Behavioral Health Crisis Response
Committee, is repealed December 31, 2026.
(41)
Subsection
26B-5-610(2)(b)(ii)
, regarding the Behavioral Health Crisis Response
Committee, is repealed December 31, 2026.
(42)
Section
26B-5-612
, Integrated behavioral health care grant programs, is repealed
December 31, 2025.
(43)
Title 26B, Chapter 5, Part 7, Utah Behavioral Health Commission, is repealed July 1,
2029.
(44)
Subsection
26B-5-704(2)(a)
, regarding the Behavioral Health Crisis Response
Committee, is repealed December 31, 2026.
(45)
Title 26B, Chapter 5, Part 8,
Utah Substance Use and Mental Health Advisory
Committee, is repealed January 1, 2033.
(46)
Section
26B-7-119
, Hepatitis C Outreach Pilot Program, is repealed July 1, 2028.
(47)
Section
26B-7-122
, Communication Habits to reduce Adolescent Threats Pilot
Program, is repealed July 1, 2029.
(48)
Section
26B-7-123
, Report on CHAT campaign, is repealed July 1, 2029.
(49)
Title 26B, Chapter 8, Part 5, Utah Health Data Authority, is repealed July 1, 2026.
Section 22. Section
77-37-4
is amended to read:
77-37-4
Effective
05/06/26
. Additional rights -- Children.
In addition to all rights afforded to victims and witnesses under this chapter, child
victims and witnesses shall be afforded these rights:
(1)
Children have the right to protection from physical and emotional abuse during their
involvement with the criminal justice process.
(2)
Children are not responsible for inappropriate behavior adults commit against them and
have the right not to be questioned, in any manner, nor to have allegations made,
implying this responsibility. Those who interview children have the responsibility to
consider the interests of the child in this regard.
(3)
Child victims and witnesses have the right to have interviews relating to a criminal
prosecution kept to a minimum. All agencies shall coordinate interviews and ensure that
they are conducted by persons sensitive to the needs of children.
(4)
Child victims have the right to be informed of available community resources that might
assist them and how to gain access to those resources. Law enforcement and
prosecutors have the duty to ensure that child victims are informed of community
resources, including counseling prior to the court proceeding, and have those services
available throughout the criminal justice process.
(5)
(a)
Child victims have the right, once an investigation has been initiated by law
enforcement or the Division of Child and Family Services, to keep confidential their
interviews that are conducted at a Children's Justice Center, including video and
audio recordings, and transcripts of those recordings. Except as provided in
Subsection
(6)
, recordings and transcripts of interviews may not be distributed,
released, or displayed to anyone without a court order.
(b)
A court order described in Subsection
(5)(a)
:
(i)
shall describe with particularity to whom the recording or transcript of the
interview may be released and prohibit further distribution or viewing by anyone
not named in the order; and
(ii)
may impose restrictions on access to the materials considered reasonable to
protect the privacy of the child victim.
(c)
A parent or guardian of the child victim may petition a juvenile or district court for
an order allowing the parent or guardian to view a recording or transcript upon a
finding of good cause. The order shall designate the agency that is required to
display the recording or transcript to the parent or guardian and shall prohibit viewing
by anyone not named in the order.
(d)
Following the conclusion of any legal proceedings in which the recordings or
transcripts are used, the court shall order the recordings and transcripts in the court's
file sealed and preserved.
(6)
(a)
The following offices and their designated employees may distribute and receive a
recording or transcript to and from one another without a court order:
(i)
the Division of Child and Family Services;
(ii)
administrative law judges employed by the Department of
Health and
Human
Services;
(iii)
Department of
Health and
Human Services investigators investigating the
Division of Child and Family Services or investigators authorized to investigate
under Section
80-2-703
;
(iv)
an office of the city attorney, county attorney, district attorney, or attorney
general;
(v)
a law enforcement agency;
(vi)
a Children's Justice Center established under Section
67-5b-102
; or
(vii)
the attorney for the child who is the subject of the interview.
(b)
In a criminal case or in a juvenile court in which the state is a party:
(i)
the parties may display and enter into evidence a recording or transcript in the
course of a prosecution;
(ii)
the state's attorney may distribute a recording or transcript to the attorney for the
defendant, pro se defendant, respondent, or pro se respondent pursuant to a valid
request for discovery;
(iii)
the attorney for the defendant or respondent may do one or both of the following:
(A)
release the recording or transcript to an expert retained by the attorney for the
defendant or respondent if the expert agrees in writing that the expert will not
distribute, release, or display the recording or transcript to anyone without prior
authorization from the court; or
(B)
permit the defendant or respondent to view the recording or transcript, but
may not distribute or release the recording or transcript to the defendant or
respondent; and
(iv)
the court shall advise a pro se defendant or respondent that a recording or
transcript received as part of discovery is confidential and may not be distributed,
released, or displayed without prior authorization from the court.
(c)
A court's failure to advise a pro se defendant or respondent that a recording or
transcript received as part of discovery is confidential and may not be used as a
defense to prosecution for a violation of the disclosure rule.
(d)
In an administrative case, pursuant to a written request, the Division of Child and
Family Services may display, but may not distribute or release, a recording or
transcript to the respondent or to the respondent's designated representative.
(e)
(i)
Within two business days of a request from a parent or guardian of a child
victim, an investigative agency shall allow the parent or guardian to view a
recording after the conclusion of an interview, unless:
(A)
the suspect is a parent or guardian of the child victim;
(B)
the suspect resides in the home with the child victim; or
(C)
the investigative agency determines that allowing the parent or guardian to
view the recording would likely compromise or impede the investigation.
(ii)
If the investigative agency determines that allowing the parent or guardian to
view the recording would likely compromise or impede the investigation, the
parent or guardian may petition a juvenile or district court for an expedited
hearing on whether there is good cause for the court to enter an order allowing the
parent or guardian to view the recording in accordance with Subsection
(5)(c)
.
(iii)
A Children's Justice Center shall coordinate the viewing of the recording
described in this Subsection
(6)(e)
.
(f)
A multidisciplinary team assembled by a Children's Justice Center or an
interdisciplinary team assembled by the Division of Child and Family Services may
view a recording or transcript, but may not receive a recording or transcript.
(g)
A Children's Justice Center:
(i)
may distribute or display a recording or transcript to an authorized trainer or
evaluator for purposes of training or evaluation; and
(ii)
may display, but may not distribute, a recording or transcript to an authorized
trainee.
(h)
An authorized trainer or instructor may display a recording or transcript according to
the terms of the authorized trainer's or instructor's contract with the Children's Justice
Center or according to the authorized trainer's or instructor's scope of employment.
(i)
(i)
In an investigation under Section
53E-6-506
, in which a child victim who is the
subject of the recording or transcript has alleged criminal conduct against an
educator, a law enforcement agency may distribute or release the recording or
transcript to an investigator operating under State Board of Education
authorization, upon the investigator's written request.
(ii)
If the respondent in a case investigated under Section
53E-6-506
requests a
hearing authorized under that section, the investigator operating under State Board
of Education authorization may display, release, or distribute the recording or
transcript to the prosecutor operating under State Board of Education
authorization or to an expert retained by an investigator.
(iii)
Upon request for a hearing under Section
53E-6-506
, a prosecutor operating
under State Board of Education authorization may display the recording or
transcript to a pro se respondent, to an attorney retained by the respondent, or to
an expert retained by the respondent.
(iv)
The parties to a hearing authorized under Section
53E-6-506
may display and
enter into evidence a recording or transcript in the course of a prosecution.
(j)
Notwithstanding any other provision in this section, a law enforcement agency shall
provide an investigative report to the Utah Office for Victims of Crime as provided
under Section
63M-7-529
.
(7)
Except as otherwise provided in this section, it is a class B misdemeanor for any
individual to distribute, release, or display any recording or transcript of an interview of
a child victim conducted at a Children's Justice Center.
Section 23. Section
80-2-1104
is amended to read:
80-2-1104
Effective
05/06/26
. Child protection ombudsman -- Responsibility --
Authority -- Report.
(1)
As used in this section:
(a)
"Complainant" means a person who initiates a complaint with the ombudsman.
(b)
"Complaint" means a complaint regarding an act or omission by the division with
respect to a particular child.
(c)
"Ombudsman" means the child protection ombudsman
appointed
created
under this
section.
(2)
(a)
There is created within the department the position of child protection
ombudsman.
(b)
The
executive
director of the
Division of Customer Experience within the
department shall:
(i)
appoint
select
an ombudsman who has:
(A)
recognized executive and administrative capacity; and
(B)
experience in child welfare, and in state laws and policies governing abused,
neglected, and dependent children; and
(ii)
select the ombudsman solely with regard to qualifications and fitness to discharge
the duties of the ombudsman.
(c)
The ombudsman shall:
(i)
serve at the pleasure of the executive director of the department; and
(ii)
devote full-time to the duties described in this section.
(3)
The ombudsman shall:
(a)
unless the ombudsman decides not to investigate the complaint, upon receipt of a
complaint, investigate whether an act or omission of the division with respect to a
particular child:
(i)
is contrary to statute, rule, or policy;
(ii)
places a child's health or safety at risk;
(iii)
is made without an adequate statement of reason; or
(iv)
is based on irrelevant, immaterial, or erroneous grounds;
(b)
notify the complainant and the division of:
(i)
the ombudsman's decision to investigate or not investigate the complaint; and
(ii)
if the ombudsman decides not to investigate the complaint, the reason for the
decision;
(c)
if the ombudsman finds that a person's act or omission violates state or federal
criminal law, immediately report the finding to the appropriate county or district
attorney or to the attorney general;
(d)
immediately notify the division if the ombudsman finds that a child needs protective
custody;
(e)
prepare a written report of the findings and recommendations, if any, of each
investigation;
(f)
make recommendations to the division if the ombudsman finds that:
(i)
a matter should be further considered by the division;
(ii)
an administrative act should be addressed, modified, or canceled;
(iii)
action should be taken by the division with regard to one of the division's
employees; or
(iv)
any other action should be taken by the division;
(g)
subject to
the other provisions of this
Subsection
(3)
, in accordance with Title 63G,
Chapter 3, Utah Administrative Rulemaking Act, make rules that govern the
following:
(i)
receiving and processing a complaint;
(ii)
notifying a complainant and the division regarding a decision to investigate or to
decline to investigate a complaint;
(iii)
prioritizing workload;
(iv)
maximum time within which an investigation is required to be completed;
(v)
conducting an investigation;
(vi)
notifying a complainant and the division regarding the results of an investigation;
and
(vii)
making recommendations based on the findings and results of investigations;
(h)
within appropriations from the Legislature, employ staff as may be necessary to
carry out the ombudsman's duties under this section;
(i)
provide information regarding the role, duties, and functions of the ombudsman to
public agencies, private entities, and individuals; and
(j)
as appropriate, make recommendations to the division regarding individual child
welfare cases, and the rules, policies, and operations of the division.
(4)
(a)
The ombudsman may:
(i)
decline to investigate a complaint or continue an investigation of a complaint;
(ii)
conduct an investigation on the ombudsman's own initiative;
(iii)
conduct further investigation upon the request of the complainant or upon the
ombudsman's own initiative; and
(iv)
advise a complainant to pursue administrative remedies or channels of a
complaint before pursuing a complaint with the ombudsman.
(b)
Subsection
(4)(a)(iv)
does not prevent a complainant from making a complaint
directly to the ombudsman before pursuing an administrative remedy.
(5)
(a)
A record of the ombudsman regarding an individual child welfare case shall be
classified in accordance with federal law and Title 63G, Chapter 2, Government
Records Access and Management Act.
(b)
The ombudsman shall have access to all of the department's written and electronic
records and databases, including those regarding individual child welfare cases.
(c)
In accordance with Title 63G, Chapter 2, Government Records Access and
Management Act, all documents and information received by the ombudsman shall
maintain the same classification that was designated by the department.
Section 24.
Effective Date.
This bill takes effect on
May 6, 2026
.
3-3-26 9:36 AM