Read the full stored bill text
23
26B-7-202
26B-8-211
26B-8-222
0
Opioid Fatality Review Amendments
2026 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Jen Plumb
House Sponsor: Matthew H. Gwynn
LONG TITLE
General Description:
This bill amends provisions related to the investigation and prevention of opioid fatalities.
Highlighted Provisions:
This bill:
clarifies the Department of Health and Human Services' (department) authority to
investigate and control health hazards which may affect the public including the
authority to investigate and control drug overdose and drug overdose fatalities;
specifies that the disclosure and redisclosure of substance use disorder treatment records
provided to the medical examiner as requested for a death investigation are subject to
certain federal laws;
provides that the department may use the department's authority to identify opportunities
for prevention, intervention, and postvention of deaths under the medical examiner's
jurisdiction; and
defines terms.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
26B-7-202
, as last amended by Laws of Utah 2025, Chapter 109
26B-8-211
, as renumbered and amended by Laws of Utah 2023, Chapter 306
26B-8-222
, as renumbered and amended by Laws of Utah 2023, Chapter 306
Be it enacted by the Legislature of the state of Utah:
Section 1. Section
26B-7-202
is amended to read:
26B-7-202
. Authority to investigate and control epidemic infections and
communicable disease.
(1)
(a)
Subject to the restrictions in this title, the department has authority to investigate
and control the causes of epidemic infections and communicable disease, and shall
provide for the detection, reporting, prevention, and control of communicable
diseases and epidemic infections or any other health hazard which may affect the
public health
, including drug overdose and drug overdose fatalities
.
(b)
Nothing in this section may be construed to modify or supersede a law enforcement
agency's authority to investigate a crime.
(2)
This part does not authorize the department to control the production, processing,
distribution, or sale price of local food in response to a public health emergency, as that
term is defined in Section
26B-7-301
.
(3)
(a)
As part of the requirements of Subsection
(1)
, the department shall distribute to
the public and to health care professionals:
(i)
medically accurate information about sexually transmitted diseases that may cause
infertility and sterility if left untreated, including descriptions of:
(A)
the probable side effects resulting from an untreated sexually transmitted
disease, including infertility and sterility;
(B)
medically accepted treatment for sexually transmitted diseases;
(C)
the medical risks commonly associated with the medical treatment of sexually
transmitted diseases; and
(D)
suggested screening by a private physician or physician assistant; and
(ii)
information about:
(A)
public services and agencies available to assist individuals with obtaining
treatment for the sexually transmitted disease;
(B)
medical assistance benefits that may be available to the individual with the
sexually transmitted disease; and
(C)
abstinence before marriage and fidelity after marriage being the surest
prevention of sexually transmitted disease.
(b)
The information described in Subsection
(3)(a)
:
(i)
shall be distributed by the department and by local health departments free of
charge; and
(ii)
shall be relevant to the geographic location in which the information is distributed
by:
(A)
listing addresses and telephone numbers for public clinics and agencies
providing services in the geographic area in which the information is
distributed; and
(B)
providing the information in English as well as other languages that may be
appropriate for the geographic area.
(c)
(i)
Except as provided in Subsection
(3)(c)(ii)
, the department shall develop
written material that includes the information described in this Subsection
(3)
.
(ii)
In addition to the written materials described in Subsection
(3)(c)(i)
, the
department may distribute the information described in this Subsection
(3)
by any
other methods the department determines is appropriate to educate the public,
excluding public schools, including websites, toll free telephone numbers, and the
media.
(iii)
If the information described in Subsection
(3)(b)(ii)(A)
is not included in the
written pamphlet developed by the department, the written material shall include
either a website, or a 24-hour toll free telephone number that the public may use to
obtain that information.
Section 2. Section
26B-8-211
is amended to read:
26B-8-211
. Records and reports of investigations.
(1)
As used in this section, "substance use disorder treatment record" means a record
created or maintained in connection with providing treatment for substance use disorder.
(1)
(2)
A complete copy of all written records and reports of investigations and facts
resulting from medical care treatment, autopsies conducted by any person on the body of
the deceased who died in any manner listed in Section
26B-8-205
and the written reports
of any investigative agency making inquiry into the incident shall be promptly made and
filed with the medical examiner.
(2)
(3)
The judiciary or a state or local government entity that retains a record, other than a
document described in Subsection
(1)
(2)
, of the decedent shall provide a copy of the
record to the medical examiner:
(a)
in accordance with federal law; and
(b)
upon receipt of the medical examiner's written request for the record.
(4)
A substance use disorder treatment record requested or provided under this section is
subject to any additional applicable limitations on disclosure or redisclosure under:
(a)
Utah law; or
(b)
(i)
42 U.S.C. Sec. 290dd-2; and
(ii)
42 C.F.R. Part 2.
(3)
(5)
Failure to submit reports or records described in Subsection
(1)
or
(2)
(2) or (3)
,
other than reports of a county attorney, district attorney, or law enforcement agency,
within 10 days after the day on which the person in possession of the report or record
receives the medical examiner's written request for the report or record is a class B
misdemeanor.
Section 3. Section
26B-8-222
is amended to read:
26B-8-222
. Additional powers and duties of department.
The department may:
(1)
establish rules to carry out the provisions of this part;
(2)
use the department's authority under this part to identify opportunities for prevention of,
intervention in, and postvention of deaths under the medical examiner's jurisdiction as
described in Section
26B-8-205
;
(2)
(3)
arrange for the state health laboratory to perform toxicologic analysis for public or
private institutions and fix fees for the services;
(3)
(4)
cooperate and train law enforcement personnel in the techniques of criminal
investigation as related to medical and pathological matters; and
(4)
(5)
pay to private parties, institutions or funeral directors the reasonable value of
services performed for the medical examiner's office.
Section 4.
Effective Date.
This bill takes effect on
May 6, 2026
.
3-5-26 10:09 AM