Utah 2025 Regular Session

Utah Senate Bill SB0065 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	Enrolled Copy S.B. 65
	1	+	02-20 09:52 2nd Sub. (Salmon) S.B. 65
	2	+	Jen Plumb proposes the following substitute bill:
2	3		1
3	4		Medication Assisted Treatment Amendments
4	5		2025 GENERAL SESSION
5	6		STATE OF UTAH
6	7		Chief Sponsor: Jen Plumb
7		-	House Sponsor: ~~Steve Eliason~~
	8	+	House Sponsor:
8	9		2
9	10
10	11		3
11	12		LONG TITLE
12	13		4
13	14		General Description:
14	15		5
15	16		This bill addresses the use of medical assisted treatment in certain human services programs.
16	17		6
17	18		Highlighted Provisions:
18	19		7
19	20		This bill:
20	21		8
21	22		▸ defines terms;
22	23		9
23	24		▸ requires the Office of Licensing within the Department of Health and Human Services to
24	25		10
25	26		establish and enforce rules concerning the use of medication assisted treatment in certain
26	27		11
27	28		residential treatment programs and recovery residences; and
28	29		12
29	30		▸ makes technical and conforming changes.
30	31		13
31	32		Money Appropriated in this Bill:
32	33		14
33	34		None
34	35		15
35	36		Other Special Clauses:
36	37		16
37	38		None
38	39		17
39	40		Utah Code Sections Affected:
40	41		18
41	42		AMENDS:
42	43		19
43	44		26B-2-101, as last amended by Laws of Utah 2024, Chapters 240, 267, 307, and 438
44	45		20
45	46		26B-2-117, as renumbered and amended by Laws of Utah 2023, Chapter 305
46	47		21
47	48
48	49		22
49	50		Be it enacted by the Legislature of the state of Utah:
50	51		23
51	52		Section 1. Section 26B-2-101 is amended to read:
52	53		24
53	54		26B-2-101 . Definitions.
54	55		25
55	56		As used in this part:
56	57		26
57	58		(1) "Adoption services" means the same as that term is defined in Section 80-2-801.
58	59		27
59	60		(2) "Adult day care" means nonresidential care and supervision:
60	61		28
61		-	(a) for three or more adults for at least four but less than 24 hours a day; and ~~S.B. 65 Enrolled Copy~~
	62	+	(a) for three or more adults for at least four but less than 24 hours a day; and
62	63		29
63	64		(b) that meets the needs of functionally impaired adults through a comprehensive
	65	+	2nd Sub. S.B. 65 2nd Sub. (Salmon) S.B. 65 02-20 09:52
64	66		30
65	67		program that provides a variety of health, social, recreational, and related support
66	68		31
67	69		services in a protective setting.
68	70		32
69	71		(3) "Applicant" means a person that applies for an initial license or a license renewal under
70	72		33
71	73		this part.
72	74		34
73	75		(4)(a) "Associated with the licensee" means that an individual is:
74	76		35
75	77		(i) affiliated with a licensee as an owner, director, member of the governing body,
76	78		36
77	79		employee, agent, provider of care, department contractor, or volunteer; or
78	80		37
79	81		(ii) applying to become affiliated with a licensee in a capacity described in
80	82		38
81	83		Subsection (4)(a)(i).
82	84		39
83	85		(b) "Associated with the licensee" does not include:
84	86		40
85	87		(i) service on the following bodies, unless that service includes direct access to a
86	88		41
87	89		child or a vulnerable adult:
88	90		42
89	91		(A) a local mental health authority described in Section 17-43-301;
90	92		43
91	93		(B) a local substance abuse authority described in Section 17-43-201; or
92	94		44
93	95		(C) a board of an organization operating under a contract to provide mental health
94	96		45
95	97		or substance use programs, or services for the local mental health authority or
96	98		46
97	99		substance abuse authority; or
98	100		47
99	101		(ii) a guest or visitor whose access to a child or a vulnerable adult is directly
100	102		48
101	103		supervised at all times.
102	104		49
103	105		(5)(a) "Boarding school" means a private school that:
104	106		50
105	107		(i) uses a regionally accredited education program;
106	108		51
107	109		(ii) provides a residence to the school's students:
108	110		52
109	111		(A) for the purpose of enabling the school's students to attend classes at the
110	112		53
111	113		school; and
112	114		54
113	115		(B) as an ancillary service to educating the students at the school;
114	116		55
115	117		(iii) has the primary purpose of providing the school's students with an education, as
116	118		56
117	119		defined in Subsection (5)(b)(i); and
118	120		57
119	121		(iv)(A) does not provide the treatment or services described in Subsection [(40)(a)]
120	122		58
121	123		(42)(a); or
122	124		59
123	125		(B) provides the treatment or services described in Subsection [(40)(a)] (42)(a) on
124	126		60
125	127		a limited basis, as described in Subsection (5)(b)(ii).
126	128		61
127	129		(b)(i) For purposes of Subsection (5)(a)(iii), "education" means a course of study for
128	130		62
129	131		one or more grades from kindergarten through grade 12.
130		-	- 2 - Enrolled Copy S.B. 65
131	132		63
132	133		(ii) For purposes of Subsection (5)(a)(iv)(B), a private school provides the treatment
	134	+	- 2 - 02-20 09:52 2nd Sub. (Salmon) S.B. 65
133	135		64
134	136		or services described in Subsection [(40)(a)] (42)(a) on a limited basis if:
135	137		65
136	138		(A) the treatment or services described in Subsection [(40)(a)] (42)(a) are provided
137	139		66
138	140		only as an incidental service to a student; and
139	141		67
140	142		(B) the school does not:
141	143		68
142	144		(I) specifically solicit a student for the purpose of providing the treatment or
143	145		69
144	146		services described in Subsection [(40)(a)] (42)(a); or
145	147		70
146	148		(II) have a primary purpose of providing the treatment or services described in
147	149		71
148	150		Subsection [(40)(a)] (42)(a).
149	151		72
150	152		(c) "Boarding school" does not include a therapeutic school.
151	153		73
152	154		(6) "Certification" means a less restrictive level of licensure issued by the department.
153	155		74
154	156		(7) "Child" means an individual under 18 years old.
155	157		75
156	158		(8) "Child placing" means receiving, accepting, or providing custody or care for any child,
157	159		76
158	160		temporarily or permanently, for the purpose of:
159	161		77
160	162		(a) finding a person to adopt the child;
161	163		78
162	164		(b) placing the child in a home for adoption; or
163	165		79
164	166		(c) foster home placement.
165	167		80
166	168		(9) "Child-placing agency" means a person that engages in child placing.
167	169		81
168	170		(10) "Client" means an individual who receives or has received services from a licensee.
169	171		82
170	172		(11)(a) "Congregate care program" means any of the following that provide services to a
171	173		83
172	174		child:
173	175		84
174	176		(i) an outdoor youth program;
175	177		85
176	178		(ii) a residential support program;
177	179		86
178	180		(iii) a residential treatment program; or
179	181		87
180	182		(iv) a therapeutic school.
181	183		88
182	184		(b) "Congregate care program" does not include a human services program that:
183	185		89
184	186		(i) is licensed to serve adults; and
185	187		90
186	188		(ii) is approved by the office to service a child for a limited time.
187	189		91
188	190		(12) "Day treatment" means specialized treatment that is provided to:
189	191		92
190	192		(a) a client less than 24 hours a day; and
191	193		93
192	194		(b) four or more persons who:
193	195		94
194	196		(i) are unrelated to the owner or provider; and
195	197		95
196	198		(ii) have emotional, psychological, developmental, physical, or behavioral
197	199		96
198	200		dysfunctions, impairments, or chemical dependencies.
199		-	- 3 - S.B. 65 Enrolled Copy
200	201		97
201	202		(13) "Department contractor" means an individual who:
	203	+	- 3 - 2nd Sub. (Salmon) S.B. 65 02-20 09:52
202	204		98
203	205		(a) provides services under a contract with the department; and
204	206		99
205	207		(b) due to the contract with the department, has or will likely have direct access to a
206	208		100
207	209		child or vulnerable adult.
208	210		101
209	211		(14) "Direct access" means that an individual has, or likely will have:
210	212		102
211	213		(a) contact with or access to a child or vulnerable adult that provides the individual with
212	214		103
213	215		an opportunity for personal communication or touch; or
214	216		104
215	217		(b) an opportunity to view medical, financial, or other confidential personal identifying
216	218		105
217	219		information of the child, the child's parents or legal guardians, or the vulnerable adult.
218	220		106
219	221		(15) "Directly supervised" means that an individual is being supervised under the
220	222		107
221	223		uninterrupted visual and auditory surveillance of another individual who has a current
222	224		108
223	225		background check approval issued by the office.
224	226		109
225	227		(16) "Director" means the director of the office.
226	228		110
227	229		(17) "Domestic violence" means the same as that term is defined in Section 77-36-1.
228	230		111
229	231		(18) "Domestic violence treatment program" means a nonresidential program designed to
230	232		112
231	233		provide psychological treatment and educational services to perpetrators and victims of
232	234		113
233	235		domestic violence.
234	236		114
235	237		(19) "Elder adult" means a person 65 years old or older.
236	238		115
237	239		(20) "Emergency safety intervention" means a tactic used to protect staff or a client from
238	240		116
239	241		being physically injured, utilized by an appropriately trained direct care staff and only
240	242		117
241	243		performed in accordance with a nationally or regionally recognized curriculum in the
242	244		118
243	245		least restrictive manner to restore staff or client safety.
244	246		119
245	247		(21) "Foster home" means a residence that is licensed or certified by the office for the
246	248		120
247	249		full-time substitute care of a child.
248	250		121
249	251		(22) "Health benefit plan" means the same as that term is defined in Section [31A-22-634]
250	252		122
251	253		31A-1-301.
252	254		123
253	255		(23) "Health care provider" means the same as that term is defined in Section 78B-3-403.
254	256		124
255	257		(24) "Health insurer" means[ the same as that term is defined in Section 31A-22-615.5.] :
256	258		125
257	259		(a) an insurer who offers health care insurance as that term is defined in Section
258	260		126
259	261		31A-1-301;
260	262		127
261	263		(b) health benefits offered to state employees under Section 49-20-202; and
262	264		128
263	265		(c) a workers' compensation insurer:
264	266		129
265	267		(i) authorized to provide workers' compensation insurance in the state; or
266	268		130
267	269		(ii) that is a self-insured employer as defined in Section 34A-2-201.5.
268		-	- 4 - Enrolled Copy S.B. 65
269	270		131
270	271		(25)(a) "Human services program" means:
	272	+	- 4 - 02-20 09:52 2nd Sub. (Salmon) S.B. 65
271	273		132
272	274		(i) a foster home;
273	275		133
274	276		(ii) a therapeutic school;
275	277		134
276	278		(iii) a youth program;
277	279		135
278	280		(iv) an outdoor youth program;
279	281		136
280	282		(v) a residential treatment program;
281	283		137
282	284		(vi) a residential support program;
283	285		138
284	286		(vii) a resource family home;
285	287		139
286	288		(viii) a recovery residence; or
287	289		140
288	290		(ix) a facility or program that provides:
289	291		141
290	292		(A) adult day care;
291	293		142
292	294		(B) day treatment;
293	295		143
294	296		(C) outpatient treatment;
295	297		144
296	298		(D) domestic violence treatment;
297	299		145
298	300		(E) child-placing services;
299	301		146
300	302		(F) social detoxification; or
301	303		147
302	304		(G) any other human services that are required by contract with the department to
303	305		148
304	306		be licensed with the department.
305	307		149
306	308		(b) "Human services program" does not include:
307	309		150
308	310		(i) a boarding school;
309	311		151
310	312		(ii) a residential, vocational and life skills program, as defined in Section 13-53-102;
311	313		152
312	314		or
313	315		153
314	316		(iii) a short-term relief care provider.
315	317		154
316	318		(26) "Indian child" means the same as that term is defined in 25 U.S.C. Sec. 1903.
317	319		155
318	320		(27) "Indian country" means the same as that term is defined in 18 U.S.C. Sec. 1151.
319	321		156
320	322		(28) "Indian tribe" means the same as that term is defined in 25 U.S.C. Sec. 1903.
321	323		157
322	324		(29) "Intermediate secure treatment" means 24-hour specialized residential treatment or
323	325		158
324	326		care for an individual who:
325	327		159
326	328		(a) cannot live independently or in a less restrictive environment; and
327	329		160
328	330		(b) requires, without the individual's consent or control, the use of locked doors to care
329	331		161
330	332		for the individual.
331	333		162
332	334		(30) "Licensee" means an individual or a human services program licensed by the office.
333	335		163
334	336		(31) "Local government" means a city, town, or county.
335	337		164
336	338		(32) "Medication assisted treatment" means the use of a prescribed medication approved by
337		-	- 5 - S.B. 65 Enrolled Copy
338	339		165
339	340		the United States Food and Drug Administration, such as buprenorphine, methadone, or
	341	+	- 5 - 2nd Sub. (Salmon) S.B. 65 02-20 09:52
340	342		166
341	343		naltrexone, to treat substance use withdrawal symptoms or a substance use disorder.
342	344		167
343	345		[(32)] (33) "Minor" means child.
344	346		168
345	347		[(33)] (34) "Office" means the Office of Licensing within the department.
346	348		169
347	349		[(34)] (35) "Outdoor youth program" means a program that provides:
348	350		170
349	351		(a) services to a child that has:
350	352		171
351	353		(i) a chemical dependency; or
352	354		172
353	355		(ii) a dysfunction or impairment that is emotional, psychological, developmental,
354	356		173
355	357		physical, or behavioral;
356	358		174
357	359		(b) a 24-hour outdoor group living environment; and
358	360		175
359	361		(c)(i) regular therapy, including group, individual, or supportive family therapy; or
360	362		176
361	363		(ii) informal therapy or similar services, including wilderness therapy, adventure
362	364		177
363	365		therapy, or outdoor behavioral healthcare.
364	366		178
365	367		[(35)] (36) "Outpatient treatment" means individual, family, or group therapy or counseling
366	368		179
367	369		designed to improve and enhance social or psychological functioning for those whose
368	370		180
369	371		physical and emotional status allows them to continue functioning in their usual living
370	372		181
371	373		environment.
372	374		182
373	375		[(36)] (37) "Practice group" or "group practice" means two or more health care providers
374	376		183
375	377		legally organized as a partnership, professional corporation, or similar association, for
376	378		184
377	379		which:
378	380		185
379	381		(a) substantially all of the services of the health care providers who are members of the
380	382		186
381	383		group are provided through the group and are billed in the name of the group and
382	384		187
383	385		amounts received are treated as receipts of the group; and
384	386		188
385	387		(b) the overhead expenses of and the income from the practice are distributed in
386	388		189
387	389		accordance with methods previously determined by members of the group.
388	390		190
389	391		[(37)] (38) "Private-placement child" means a child whose parent or guardian enters into a
390	392		191
391	393		contract with a congregate care program for the child to receive services.
392	394		192
393	395		(39) "Qualifying residential treatment program" means a residential treatment program that
394	396		193
395	397		is licensed under this part and:
396	398		194
397	399		(a) is operated as a nonprofit corporation or foreign nonprofit corporation, as those terms
398	400		195
399	401		are defined in Section 16-6a-102; or
400	402		196
401	403		(b) receives any local, state, or federal government funding, government grant money, or
402	404		197
403	405		any other form of government assistance to operate or provide services or training in
404	406		198
405	407		the ordinary course of business.
406		-	- 6 - Enrolled Copy S.B. 65
407	408		199
408	409		(40) "Qualifying recovery residence" means a recovery residence that is licensed under this
	410	+	- 6 - 02-20 09:52 2nd Sub. (Salmon) S.B. 65
409	411		200
410	412		part and:
411	413		201
412	414		(a) is operated as a nonprofit corporation or foreign nonprofit corporation, as those terms
413	415		202
414	416		are defined in Section 16-6a-102; or
415	417		203
416	418		(b) receives any local, state, or federal government funding, government grant money, or
417	419		204
418	420		any other form of government assistance to operate or provide services or training in
419	421		205
420	422		the ordinary course of business.
421	423		206
422	424		[(38)] (41)(a) "Recovery residence" means a home, residence, or facility that meets at
423	425		207
424	426		least two of the following requirements:
425	427		208
426	428		(i) provides a supervised living environment for individuals recovering from a
427	429		209
428	430		substance use disorder;
429	431		210
430	432		(ii) provides a living environment in which more than half of the individuals in the
431	433		211
432	434		residence are recovering from a substance use disorder;
433	435		212
434	436		(iii) provides or arranges for residents to receive services related to the resident's
435	437		213
436	438		recovery from a substance use disorder, either on or off site;
437	439		214
438	440		(iv) is held out as a living environment in which individuals recovering from
439	441		215
440	442		substance abuse disorders live together to encourage continued sobriety; or
441	443		216
442	444		(v)(A) receives public funding; or
443	445		217
444	446		(B) is run as a business venture, either for-profit or not-for-profit.
445	447		218
446	448		(b) "Recovery residence" does not mean:
447	449		219
448	450		(i) a residential treatment program;
449	451		220
450	452		(ii) residential support program; or
451	453		221
452	454		(iii) a home, residence, or facility, in which:
453	455		222
454	456		(A) residents, by a majority vote of the residents, establish, implement, and
455	457		223
456	458		enforce policies governing the living environment, including the manner in
457	459		224
458	460		which applications for residence are approved and the manner in which
459	461		225
460	462		residents are expelled;
461	463		226
462	464		(B) residents equitably share rent and housing-related expenses; and
463	465		227
464	466		(C) a landlord, owner, or operator does not receive compensation, other than fair
465	467		228
466	468		market rental income, for establishing, implementing, or enforcing policies
467	469		229
468	470		governing the living environment.
469	471		230
470	472		[(39)] (42) "Regular business hours" means:
471	473		231
472	474		(a) the hours during which services of any kind are provided to a client; or
473	475		232
474	476		(b) the hours during which a client is present at the facility of a licensee.
475		-	- 7 - S.B. 65 Enrolled Copy
476	477		233
477	478		[(40)] (43)(a) "Residential support program" means a program that arranges for or
	479	+	- 7 - 2nd Sub. (Salmon) S.B. 65 02-20 09:52
478	480		234
479	481		provides the necessities of life as a protective service to individuals or families who
480	482		235
481	483		have a disability or who are experiencing a dislocation or emergency that prevents
482	484		236
483	485		them from providing these services for themselves or their families.
484	486		237
485	487		(b) "Residential support program" includes a program that provides a supervised living
486	488		238
487	489		environment for individuals with dysfunctions or impairments that are:
488	490		239
489	491		(i) emotional;
490	492		240
491	493		(ii) psychological;
492	494		241
493	495		(iii) developmental; or
494	496		242
495	497		(iv) behavioral.
496	498		243
497	499		(c) Treatment is not a necessary component of a residential support program.
498	500		244
499	501		(d) "Residential support program" does not include:
500	502		245
501	503		(i) a recovery residence; or
502	504		246
503	505		(ii) a program that provides residential services that are performed:
504	506		247
505	507		(A) exclusively under contract with the department and provided to individuals
506	508		248
507	509		through the Division of Services for People with Disabilities; or
508	510		249
509	511		(B) in a facility that serves fewer than four individuals.
510	512		250
511	513		[(41)] (44)(a) "Residential treatment" means a 24-hour group living environment for four
512	514		251
513	515		or more individuals unrelated to the owner or provider that offers room or board and
514	516		252
515	517		specialized treatment, behavior modification, rehabilitation, discipline, emotional
516	518		253
517	519		growth, or habilitation services for persons with emotional, psychological,
518	520		254
519	521		developmental, or behavioral dysfunctions, impairments, or chemical dependencies.
520	522		255
521	523		(b) "Residential treatment" does not include a:
522	524		256
523	525		(i) boarding school;
524	526		257
525	527		(ii) foster home; or
526	528		258
527	529		(iii) recovery residence.
528	530		259
529	531		[(42)] (45) "Residential treatment program" means a program or facility that provides:
530	532		260
531	533		(a) residential treatment; or
532	534		261
533	535		(b) intermediate secure treatment.
534	536		262
535	537		[(43)] (46) "Seclusion" means the involuntary confinement of an individual in a room or an
536	538		263
537	539		area:
538	540		264
539	541		(a) away from the individual's peers; and
540	542		265
541	543		(b) in a manner that physically prevents the individual from leaving the room or area.
542	544		266
543	545		[(44)] (47) "Short-term relief care provider" means an individual who:
544		-	- 8 - Enrolled Copy S.B. 65
545	546		267
546	547		(a) provides short-term and temporary relief care to a foster parent:
	548	+	- 8 - 02-20 09:52 2nd Sub. (Salmon) S.B. 65
547	549		268
548	550		(i) for less than six consecutive nights; and
549	551		269
550	552		(ii) in the short-term relief care provider's home;
551	553		270
552	554		(b) is an immediate family member or relative, as those terms are defined in Section
553	555		271
554	556		80-3-102, of the foster parent;
555	557		272
556	558		(c) is direct access qualified, as that term is defined in Section 26B-2-120;
557	559		273
558	560		(d) has been approved to provide short-term relief care by the department;
559	561		274
560	562		(e) is not reimbursed by the department for the temporary relief care provided; and
561	563		275
562	564		(f) is not an immediate family member or relative, as those terms are defined in Section
563	565		276
564	566		80-3-102, of the foster child.
565	567		277
566	568		[(45)] (48) "Social detoxification" means short-term residential services for persons who are
567	569		278
568	570		experiencing or have recently experienced drug or alcohol intoxication, that are provided
569	571		279
570	572		outside of a health care facility licensed under Part 2, Health Care Facility Licensing and
571	573		280
572	574		Inspection, and that include:
573	575		281
574	576		(a) room and board for persons who are unrelated to the owner or manager of the facility;
575	577		282
576	578		(b) specialized rehabilitation to acquire sobriety; and
577	579		283
578	580		(c) aftercare services.
579	581		284
580	582		[(46)] (49) "Substance abuse disorder" or "substance use disorder" mean the same as
581	583		285
582	584		"substance use disorder" is defined in Section 26B-5-501.
583	585		286
584	586		[(47)] (50) "Substance abuse treatment program" or "substance use disorder treatment
585	587		287
586	588		program" means a program:
587	589		288
588	590		(a) designed to provide:
589	591		289
590	592		(i) specialized drug or alcohol treatment;
591	593		290
592	594		(ii) rehabilitation; or
593	595		291
594	596		(iii) habilitation services; and
595	597		292
596	598		(b) that provides the treatment or services described in Subsection [(47)(a)] (49)(a) to
597	599		293
598	600		persons with:
599	601		294
600	602		(i) a diagnosed substance use disorder; or
601	603		295
602	604		(ii) chemical dependency disorder.
603	605		296
604	606		[(48)] (51) "Therapeutic school" means a residential group living facility:
605	607		297
606	608		(a) for four or more individuals that are not related to:
607	609		298
608	610		(i) the owner of the facility; or
609	611		299
610	612		(ii) the primary service provider of the facility;
611	613		300
612	614		(b) that serves students who have a history of failing to function:
613		-	- 9 - S.B. 65 Enrolled Copy
614	615		301
615	616		(i) at home;
	617	+	- 9 - 2nd Sub. (Salmon) S.B. 65 02-20 09:52
616	618		302
617	619		(ii) in a public school; or
618	620		303
619	621		(iii) in a nonresidential private school; and
620	622		304
621	623		(c) that offers:
622	624		305
623	625		(i) room and board; and
624	626		306
625	627		(ii) an academic education integrated with:
626	628		307
627	629		(A) specialized structure and supervision; or
628	630		308
629	631		(B) services or treatment related to:
630	632		309
631	633		(I) a disability;
632	634		310
633	635		(II) emotional development;
634	636		311
635	637		(III) behavioral development;
636	638		312
637	639		(IV) familial development; or
638	640		313
639	641		(V) social development.
640	642		314
641	643		[(49)] (52) "Unrelated persons" means persons other than parents, legal guardians,
642	644		315
643	645		grandparents, brothers, sisters, uncles, or aunts.
644	646		316
645	647		[(50)] (53) "Vulnerable adult" means an elder adult or an adult who has a temporary or
646	648		317
647	649		permanent mental or physical impairment that substantially affects the person's ability to:
648	650		318
649	651		(a) provide personal protection;
650	652		319
651	653		(b) provide necessities such as food, shelter, clothing, or mental or other health care;
652	654		320
653	655		(c) obtain services necessary for health, safety, or welfare;
654	656		321
655	657		(d) carry out the activities of daily living;
656	658		322
657	659		(e) manage the adult's own resources; or
658	660		323
659	661		(f) comprehend the nature and consequences of remaining in a situation of abuse,
660	662		324
661	663		neglect, or exploitation.
662	664		325
663	665		[(51)] (54)(a) "Youth program" means a program designed to provide behavioral,
664	666		326
665	667		substance use, or mental health services to minors that:
666	668		327
667	669		(i) serves adjudicated or nonadjudicated youth;
668	670		328
669	671		(ii) charges a fee for the program's services;
670	672		329
671	673		(iii) may provide host homes or other arrangements for overnight accommodation of
672	674		330
673	675		the youth;
674	676		331
675	677		(iv) may provide all or part of the program's services in the outdoors;
676	678		332
677	679		(v) may limit or censor access to parents or guardians; and
678	680		333
679	681		(vi) prohibits or restricts a minor's ability to leave the program at any time of the
680	682		334
681	683		minor's own free will.
682		-	- 10 - Enrolled Copy S.B. 65
683	684		335
684	685		(b) "Youth program" does not include recreational programs such as Boy Scouts, Girl
	686	+	- 10 - 02-20 09:52 2nd Sub. (Salmon) S.B. 65
685	687		336
686	688		Scouts, 4-H, and other such organizations.
687	689		337
688	690		[(52)] (55)(a) "Youth transportation company" means any person that transports a child
689	691		338
690	692		for payment to or from a congregate care program in Utah.
691	693		339
692	694		(b) "Youth transportation company" does not include:
693	695		340
694	696		(i) a relative of the child;
695	697		341
696	698		(ii) a state agency; or
697	699		342
698	700		(iii) a congregate care program's employee who transports the child from the
699	701		343
700	702		congregate care program that employs the employee and returns the child to the
701	703		344
702	704		same congregate care program.
703	705		345
704	706		Section 2. Section 26B-2-117 is amended to read:
705	707		346
706	708		26B-2-117 . Licensing residential treatment programs and recovery residences --
707	709		347
708	710		Notification of local government.
709	711		348
710	712		(1)(a) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
711	713		349
712	714		the office shall make rules that establish categories of residential treatment and
713	715		350
714	716		recovery residence licenses based on differences in the types of residential treatment
715	717		351
716	718		programs and recovery residences.
717	719		352
718	720		(b) The categories referred to in Subsection (1)(a) may be based on differences in:
719	721		353
720	722		(i) services offered;
721	723		354
722	724		(ii) types of clients served;
723	725		355
724	726		(iii) risks posed to the community; or
725	727		356
726	728		(iv) other factors that make regulatory differences advisable.
727	729		357
728	730		(2) Subject to the requirements of federal and state law, and pursuant to the authority
729	731		358
730	732		granted by Section 26B-2-104, the office shall establish and enforce rules that:
731	733		359
732	734		(a)(i) relate generally to all categories of residential treatment program and recovery
733	735		360
734	736		residence licenses; and
735	737		361
736	738		[(b)] (ii) relate to specific categories of residential treatment program and recovery
737	739		362
738	740		residence licenses on the basis of the regulatory needs, as determined by the
739	741		363
740	742		office, of residential treatment programs and recovery residences within those
741	743		364
742	744		specific categories[.] ;
743	745		365
744	746		(b) preclude each qualified residential treatment program and each qualified recovery
745	747		366
746	748		residence from refusing to accept a client based solely on the client's use of
747	749		367
748	750		medication assisted treatment consistent with the recommendation of a licensed
749	751		368
750	752		prescriber or provider;
751		-	- 11 - S.B. 65 Enrolled Copy
752	753		369
753	754		(c) require each qualified residential treatment program and each qualified recovery
	755	+	- 11 - 2nd Sub. (Salmon) S.B. 65 02-20 09:52
754	756		370
755	757		residence to allow a client to receive medication assisted treatment as recommended
756	758		371
757	759		by a licensed prescriber or provider; and
758	760		372
759	761		(d) require that each Medicaid provider contract with a qualified residential treatment
760	762		373
761	763		program or a qualified recovery residence includes a provision obligating the
762	764		374
763	765		provider to comply with rules enacted pursuant to Subsections (2)(b) and (c), subject
764	766		375
765	767		to the sanctions provided pursuant to Subsection 26B-3-108(6).
766	768		376
767	769		(3)(a) Beginning July 1, 2014, the office shall charge an annual licensing fee, set by the
768	770		377
769	771		office in accordance with the procedures described in Section 63J-1-504, to a
770	772		378
771	773		recovery residence in an amount that will pay for the cost of the licensing and
772	774		379
773	775		inspection requirements described in this section and in Section 26B-2-104.
774	776		380
775	777		(b) The office shall deposit the licensing fees described in this section in the General
776	778		381
777	779		Fund as a dedicated credit to be used solely to pay for the cost of the licensing and
778	780		382
779	781		inspection requirements described in this section and in Section 26B-2-104.
780	782		383
781	783		(4) Before submitting an application for a license to operate a residential treatment
782	784		384
783	785		program, the applicant shall serve notice of its intent to operate a residential treatment
784	786		385
785	787		program on the governing body of:
786	788		386
787	789		(a) the city in which the residential treatment program will be located; or
788	790		387
789	791		(b) if the residential treatment program will be located in the unincorporated area of a
790	792		388
791	793		county, the county in which the residential treatment program will be located.
792	794		389
793	795		(5) The notice described in Subsection (4) shall include the following information relating
794	796		390
795	797		to the residential treatment program:
796	798		391
797	799		(a) an accurate description of the residential treatment program;
798	800		392
799	801		(b) the location where the residential treatment program will be operated;
800	802		393
801	803		(c) the services that will be provided by the residential treatment program;
802	804		394
803	805		(d) the type of clients that the residential treatment program will serve;
804	806		395
805	807		(e) the category of license for which the residential treatment program is applying to the
806	808		396
807	809		office;
808	810		397
809	811		(f) the name, telephone number, and address of a person that may be contacted to make
810	812		398
811	813		inquiries about the residential treatment program; and
812	814		399
813	815		(g) any other information that the office may require by rule.
814	816		400
815	817		(6) When submitting an application for a license to operate a residential treatment program,
816	818		401
817	819		the applicant shall include with the application:
818	820		402
819	821		(a) a copy of the notice described in Subsection (4); and
820		-	- 12 - Enrolled Copy S.B. 65
821	822		403
822	823		(b) proof that the applicant served the notice described in Subsection (4) on the
	824	+	- 12 - 02-20 09:52 2nd Sub. (Salmon) S.B. 65
823	825		404
824	826		governing body described in Subsection (4).
825	827		405
826	828		Section 3. Effective Date.
827	829		406
828	830		This bill takes effect on May 7, 2025.
829	831		- 13 -