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7
26B-7-126
59-14-807
0
Substance Use Rehabilitation Amendments
2026 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Jen Plumb
House Sponsor: Tyler Clancy
LONG TITLE
General Description:
This bill authorizes the Department of Health and Human Services to establish a recovery
ready workplace certification program.
Highlighted Provisions:
This bill:
authorizes the Department of Health and Human Services (department) to establish, in
consultation with the Department of Workforce Services, a certification program for
employers to be certified as a recovery ready workplace (program);
if the department establishes the program, requires the department to establish an
application process and criteria;
provides that funds may be appropriated by the Legislature from the Electronic Cigarette
Substance and Nicotine Product Proceeds Restricted Account for the program;
grants the department rulemaking authority;
defines terms; and
makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
59-14-807
Effective
05/06/26
Partially Repealed
07/01/30
, as last amended by Laws
of Utah 2025, Chapters 173, 366
ENACTS:
26B-7-126
Effective
05/06/26
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section
26B-7-126
is enacted to read:
26B-7-126
Effective
05/06/26
. Recovery ready workplace certification program.
(1)
As used in this section:
(a)
"Employee" means a person who performs a service for wages or other remuneration
under a contract of hire, written or oral, express or implied.
(b)
"Employer" means a person who has one or more employees employed in the same
business, or in or about the same establishment, under any contract of hire, express or
implied, oral or written.
(c)
"Opiate antagonist" means the same as that term is defined in Section
26B-4-501
.
(d)
"Recovery ready workforce certification program" means the program that the
department may establish under Subsection
(2)
, through which an employer may be
certified as a recovery ready workplace.
(e)
"Recovery ready workplace" means an employer that has completed the requirements
established by the department under this section to be certified.
(f)
"Substance use disorder" means the recurrent use of alcohol or drugs that causes
clinically significant impairment, including health problems, disability, or failure to
meet major responsibilities at work, school, or home.
(2)
Within appropriations from the Legislature for this purpose, the department may, in
consultation with the Department of Workforce Services, establish a recovery ready
workplace certification program.
(3)
If the department establishes a recovery ready workplace certification program, the
department:
(a)
may seek federal sources of funding for the recovery ready workplace certification
program; and
(b)
shall establish:
(i)
a process through which an employer may apply to be certified as a recovery
ready workplace; and
(ii)
criteria for an employer to be certified as a recovery ready workplace, which may
include requiring the employer to:
(A)
establish a program to:
(I)
prevent employees' exposure to workplace factors that could cause or
perpetuate a substance use disorder;
(II)
lower barriers to an employee seeking or receiving care for substance use
disorder and maintaining recovery from substance use disorder;
(III)
educate the employer's employees, including supervisors, on issues related
to substance use disorder; and
(IV)
reduce stigma surrounding substance use disorder;
(B)
collaborate with employees in establishing the program described in
Subsection
(3)(b)(ii)(A)
;
(C)
make opiate antagonists available at the workplace;
(D)
provide resources and information to employees related to substance use
disorder;
(E)
implement policies and practices that promote and support employee health,
wellness, and work-life balance; and
(F)
implement policies and practices that support employees who seek treatment.
(4)
The department may make rules in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act, to implement this section.
Section 2. Section
59-14-807
is amended to read:
59-14-807
Effective
05/06/26
Partially Repealed
07/01/30
. Electronic
Cigarette Substance and Nicotine Product Proceeds Restricted Account.
(1)
There is created within the General Fund a restricted account known as the "Electronic
Cigarette Substance and Nicotine Product Proceeds Restricted Account."
(2)
The Electronic Cigarette Substance and Nicotine Product Proceeds Restricted Account
consists of:
(a)
revenue collected from the tax imposed by Section
59-14-804
;
(b)
fees and penalties collected under Section
59-14-810
;
(c)
all money received by the attorney general or the Department of Commerce as a
result of any judgment, settlement, or compromise of claims pertaining to alleged
violations of law related to the manufacture, marketing, distribution, or sale of
electronic cigarette products, as defined in Section
76-9-1101
:
(i)
if the total amount of the judgment, settlement, or compromise received by the
state exceeds $1,000,000; and
(ii)
after reimbursement to the attorney general and the Department of Commerce for
expenses related to the matters described in this Subsection
(2)(c)
; and
(d)
amounts appropriated by the Legislature.
(3)
(a)
Subject to Subsections
(3)(b)
and
(c)
, for each fiscal year and subject to
appropriation by the Legislature, the Division of Finance shall distribute from the
Electronic Cigarette Substance and Nicotine Product Proceeds Restricted Account:
(i)
$2,000,000 to the Department of Health and Human Services for enforcement
services aimed at disrupting organizations and networks that provide tobacco
products, electronic cigarette products, nicotine products, or other illegal
controlled substances to minors, which the Department of Health and Human
Services shall allocate to the local health departments using the formula created in
accordance with Section
26A-1-116
;
(ii)
$1,180,000 to the Department of Public Safety for law enforcement officers
aimed at disrupting organizations and networks that provide tobacco products,
electronic cigarette products, nicotine products, and other illegal controlled
substances to minors;
(iii)
$1,000,000 to the Department of Health and Human Services for enforcement
services aimed at disrupting organizations and networks that provide tobacco
products, electronic cigarette products, nicotine products, and other illegal
controlled substances to minors;
(iv)
$3,000,000 to the Department of Health and Human Services for community
partner prevention programs, which the Department of Health and Human
Services shall allocate to the local health departments using the formula created in
accordance with Section
26A-1-116
;
(v)
$1,000,000 to the Department of Health and Human Services for statewide
cessation programs and prevention education;
(vi)
$2,000,000 to the Department of Health and Human Services for alcohol,
tobacco, and other drug prevention, reduction, cessation, and control programs
that promote unified messages and make use of media outlets, including radio,
newspaper, billboards, and television;
and
(vii)
$5,084,200 to the State Board of Education for school-based prevention
programs
.
; and
(viii)
funds to the Department of Health and Human Services for a recovery ready
workplace certification program, if established in accordance with Section
26B-7-126
.
(b)
If the amount in the Electronic Cigarette Substance and Nicotine Product Proceeds
Restricted Account is insufficient to cover the distributions described in Subsection
(3)(a)
, the Division of Finance shall make the distributions under Subsection
(3)(a)
:
(i)
sequentially in the order of priority the distributions are listed under Subsection
(3)(a)
;
(ii)
in full or, if insufficient funds are available to satisfy the next distribution in the
sequence, in part; and
(iii)
until the available funds in the Electronic Cigarette Substance and Nicotine
Product Proceeds Restricted Account are exhausted.
(c)
For each fiscal year and subject to appropriation by the Legislature, the Division of
Finance shall distribute from the funds deposited under Section
59-14-810
into the
Electronic Cigarette Substance and Nicotine Product Proceeds Restricted Account:
(i)
to the commission, in an amount equal to the amount necessary to create and
maintain the registry described in Section
59-14-810
;
(ii)
to the Department of Health and Human Services, in an amount necessary for
completing duties described in Section
59-14-810
; and
(iii)
to the Department of Health and Human Services, the remainder to be divided
among the local health departments for inspection and enforcement described in
Sections
26A-1-131
and
59-14-810
.
(4)
(a)
The local health departments shall use the money received in accordance with
Subsection
(3)(a)
for enforcing:
(i)
the regulation provisions described in Section
26B-7-505
;
(ii)
the labeling requirement described in Section
26B-7-505
; and
(iii)
the penalty provisions described in Section
26B-7-518
.
(b)
The Department of Health and Human Services shall use the money received in
accordance with Subsection
(3)(a)(v)
for the Youth Electronic Cigarette, Marijuana,
and Other Drug Prevention Program created in Section
26B-1-428
.
(c)
The local health departments shall use the money received in accordance with
Subsection
(3)(a)(iv)
to issue grants under the Electronic Cigarette, Marijuana, and
Other Drug Prevention Grant Program created in Section
26A-1-129
.
(d)
The State Board of Education shall use the money received in accordance with
Subsection
(3)(a)(vii)
to distribute to local education agencies to pay for:
(i)
(A)
stipends for positive behaviors specialists as described in Subsection
53G-10-407(4)(a)(i)
;
(B)
the cost of administering the positive behaviors plan as described in
Subsection
53G-10-407(4)(a)(ii)
; and
(C)
the cost of implementing an Underage Drinking and Substance Abuse
Prevention Program in grade 4 or 5, as described in Subsection
53G-10-406(3)(b)
; or
(ii)
a comprehensive prevention plan, as that term is defined in Section
53F-2-525
.
(5)
(a)
The fund shall earn interest.
(b)
All interest earned on fund money shall be deposited into the fund.
(6)
Subject to legislative appropriations, funds remaining in the Electronic Cigarette
Substance and Nicotine Product Proceeds Restricted Account after the distribution
described in Subsection
(3)
may only be used for:
(a)
funding commission personnel to enforce compliance with the tax collection
requirements of this part; and
(b)
programs and activities related to the prevention and cessation of electronic cigarette,
nicotine products, marijuana, and other drug use.
Section 3.
Effective Date.
This bill takes effect on
May 6, 2026
.
3-4-26 6:47 PM