Utah Senate Bill SB0209 Latest Draft

                            Enrolled Copy	S.B. 209
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Emergency Medical Services
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Derrin R. Owens
House Sponsor: James A. Dunnigan
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LONG TITLE
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General Description:
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This bill addresses emergency medical services.
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Highlighted Provisions:
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This bill:
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▸ defines terms;
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▸ establishes that 911 ambulance services are essential services;
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▸ addresses the respective duties of the Department of Health and Human Services, the
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Department of Public Safety, and the Bureau of Emergency Medical Services (bureau);
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▸ where applicable, indicates the proper government agency or division, where an incorrect
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entity or agency is indicated;
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▸ creates the Emergency Medical Services Critical Needs Account;
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▸ for an emergency medical services grant in a rural county, increases the maximum
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allowable amount that the grant recipient may receive for use toward the purchase of
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vehicles;
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▸ directs available but undistributed grant funds at the end of the year to be deposited into
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the Emergency Medical Services Critical Needs Account created under Section
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53-2d-109;
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▸ requires the bureau to establish designation requirements for training centers;
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▸ modifies a notice requirement to require the bureau to provide a class A notice;
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▸ subjects training centers to the disciplinary jurisdiction of the bureau;
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▸ subjects an issuance of a notice of violation or order under the Emergency Medical
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Services Act to Title 63G, Chapter 4, Administrative Procedures Act;
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▸ grants investigative authority to the bureau;
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▸ makes it a class B misdemeanor to willfully disobey a valid subpoena or cease and desist S.B. 209	Enrolled Copy
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letter from the bureau; and
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▸ makes technical changes.
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Money Appropriated in this Bill:
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None
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Other Special Clauses:
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None
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Utah Code Sections Affected:
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AMENDS:
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11-48-103, as last amended by Laws of Utah 2024, Chapter 506
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26B-1-202, as last amended by Laws of Utah 2024, Chapter 506
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26B-3-804, as renumbered and amended by Laws of Utah 2023, Chapter 306
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26B-4-301, as last amended by Laws of Utah 2024, Chapter 261
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26B-4-501, as last amended by Laws of Utah 2024, Chapter 257
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26B-5-331, as last amended by Laws of Utah 2024, Chapter 299
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26B-5-609, as last amended by Laws of Utah 2024, Third Special Session, Chapter 5
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26B-7-301, as last amended by Laws of Utah 2024, Chapters 152, 283
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41-6a-523, as last amended by Laws of Utah 2023, Chapters 310, 328 and 399
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53-2d-101, as last amended by Laws of Utah 2024, Chapters 147, 438 and 506
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53-2d-103, as renumbered and amended by Laws of Utah 2023, Chapters 307, 310 and
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last amended by Coordination Clause, Laws of Utah 2023, Chapter 307
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53-2d-203, as last amended by Laws of Utah 2024, Chapters 162, 277
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53-2d-207, as renumbered and amended by Laws of Utah 2023, Chapters 307, 310 and
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last amended by Coordination Clause, Laws of Utah 2023, Chapter 307
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53-2d-209, as renumbered and amended by Laws of Utah 2023, Chapters 307, 310 and
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last amended by Coordination Clause, Laws of Utah 2023, Chapter 307
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53-2d-211, as renumbered and amended by Laws of Utah 2023, Chapters 307, 310
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53-2d-305, as last amended by Laws of Utah 2024, Chapter 506
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53-2d-402, as last amended by Laws of Utah 2024, Chapter 147
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53-2d-403, as renumbered and amended by Laws of Utah 2023, Chapters 307, 310
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53-2d-404, as last amended by Laws of Utah 2024, Chapter 240
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53-2d-405, as renumbered and amended by Laws of Utah 2023, Chapters 307, 310
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53-2d-406, as renumbered and amended by Laws of Utah 2023, Chapters 307, 310
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53-2d-502, as renumbered and amended by Laws of Utah 2023, Chapters 307, 310
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53-2d-505.4, as renumbered and amended by Laws of Utah 2023, Chapters 307, 310 and
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last amended by Coordination Clause, Laws of Utah 2023, Chapter 307
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53-2d-506, as renumbered and amended by Laws of Utah 2023, Chapters 307, 310
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53-2d-603, as renumbered and amended by Laws of Utah 2023, Chapters 307, 310 and
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last amended by Coordination Clause, Laws of Utah 2023, Chapter 307
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53-2d-604, as renumbered and amended by Laws of Utah 2023, Chapters 307, 310
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53-2d-607, as renumbered and amended by Laws of Utah 2023, Chapters 307, 310 and
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last amended by Coordination Clause, Laws of Utah 2023, Chapter 307
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53-10-405, as last amended by Laws of Utah 2023, Chapters 310, 328
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58-67-305, as last amended by Laws of Utah 2024, Chapter 381
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58-68-305, as last amended by Laws of Utah 2024, Chapter 381
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58-71-305, as last amended by Laws of Utah 2024, Chapter 381
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63G-4-102, as last amended by Laws of Utah 2024, Chapter 147
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72-10-502, as last amended by Laws of Utah 2023, Chapters 310, 330
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77-23-213, as last amended by Laws of Utah 2023, Chapters 310, 330
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ENACTS:
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53-2d-109, Utah Code Annotated 1953
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53-2d-606.5, Utah Code Annotated 1953
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REPEALS:
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26B-1-235, as renumbered and amended by Laws of Utah 2023, Chapter 305
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53-2d-106, as renumbered and amended by Laws of Utah 2023, Chapters 307, 310 and
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last amended by Coordination Clause, Laws of Utah 2023, Chapter 307
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Be it enacted by the Legislature of the state of Utah:
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Section 1.  Section 11-48-103 is amended to read:
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11-48-103 . Provision of 911 ambulance services in municipalities and counties --
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Essential service.
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(1)(a) The governing body of each municipality and county shall, subject to Title 53,
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Chapter 2d, Part 5, Ambulance and Paramedic Providers, ensure at least a minimum
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level of 911 ambulance services are provided:
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[(a)] (i) within the territorial limits of the municipality or county;
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[(b)] (ii) by a ground ambulance provider, licensed by the Bureau of Emergency
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Medical Services under Title 53, Chapter 2d, Part 5, Ambulance and Paramedic
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Providers; and
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[(c)] (iii) in accordance with rules established by the Trauma System and Emergency
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Medical Services Committee under Section 53-2d-105.
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(b) 911 ambulance services are essential services.
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(2) A municipality or county may:
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(a) subject to Subsection (3), maintain and support 911 ambulance services for the
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municipality's or county's own jurisdiction; or
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(b) contract to:
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(i) provide 911 ambulance services to any county, municipal corporation, special
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district, special service district, interlocal entity, private corporation, nonprofit
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corporation, state agency, or federal agency;
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(ii) receive 911 ambulance services from any county, municipal corporation, special
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district, special service district, interlocal entity, private corporation, nonprofit
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corporation, state agency, or federal agency;
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(iii) jointly provide 911 ambulance services with any county, municipal corporation,
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special district, special service district, interlocal entity, private corporation,
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nonprofit corporation, state agency, or federal agency; or
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(iv) contribute toward the support of 911 ambulance services in any county,
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municipal corporation, special district, special service district, interlocal entity,
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private corporation, nonprofit corporation, state agency, or federal agency in
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return for 911 ambulance services.
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(3)(a) A municipality or county that maintains and supports 911 ambulance services for
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the municipality's or county's own jurisdiction under Subsection (2)(a) shall obtain a
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license as a ground ambulance provider from the Bureau of Emergency Medical
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Services under Title 53, Chapter 2d, Part 5, Ambulance and Paramedic Providers.
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(b) Sections 53-2d-505 through 53-2d-505.3 do not apply to a license described in
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Subsection (3)(a).
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Section 2.  Section 26B-1-202 is amended to read:
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26B-1-202 . Department authority and duties.
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      The department may, subject to applicable restrictions in state law and in addition to all
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other authority and responsibility granted to the department by law:
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(1) adopt rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking
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Act, and not inconsistent with law, as the department may consider necessary or
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desirable for providing health and social services to the people of this state;
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(2) establish and manage client trust accounts in the department's institutions and
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community programs, at the request of the client or the client's legal guardian or
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representative, or in accordance with federal law;
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(3) purchase, as authorized or required by law, services that the department is responsible to
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provide for legally eligible persons;
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(4) conduct adjudicative proceedings for clients and providers in accordance with the
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procedures of Title 63G, Chapter 4, Administrative Procedures Act;
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(5) establish eligibility standards for the department's programs, not inconsistent with state
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or federal law or regulations;
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(6) take necessary steps, including legal action, to recover money or the monetary value of
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services provided to a recipient who was not eligible;
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(7) set and collect fees for the department's services;
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(8) license agencies, facilities, and programs, except as otherwise allowed, prohibited, or
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limited by law;
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(9) acquire, manage, and dispose of any real or personal property needed or owned by the
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department, not inconsistent with state law;
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(10) receive gifts, grants, devises, and donations; gifts, grants, devises, donations, or the
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proceeds thereof, may be credited to the program designated by the donor, and may be
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used for the purposes requested by the donor, as long as the request conforms to state
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and federal policy; all donated funds shall be considered private, nonlapsing funds and
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may be invested under guidelines established by the state treasurer;
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(11) accept and employ volunteer labor or services; the department is authorized to
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reimburse volunteers for necessary expenses, when the department considers that
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reimbursement to be appropriate;
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(12) carry out the responsibility assigned in the workforce services plan by the State
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Workforce Development Board;
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(13) carry out the responsibility assigned by Section 26B-1-430 with respect to
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coordination of services for students with a disability;
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(14) provide training and educational opportunities for the department's staff;
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(15) collect child support payments and any other money due to the department;
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(16) apply the provisions of Title 81, Chapter 6, Child Support, to parents whose child lives
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out of the home in a department licensed or certified setting;
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(17) establish policy and procedures, within appropriations authorized by the Legislature, in
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cases where the Division of Child and Family Services or the Division of Juvenile
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Justice and Youth Services is given custody of a minor by the juvenile court under Title
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80, Utah Juvenile Code, or the department is ordered to prepare an attainment plan for a
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minor found not competent to proceed under Section 80-6-403, including:
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(a) designation of interagency teams for each juvenile court district in the state;
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(b) delineation of assessment criteria and procedures;
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(c) minimum requirements, and timeframes, for the development and implementation of
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a collaborative service plan for each minor placed in department custody; and
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(d) provisions for submittal of the plan and periodic progress reports to the court;
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(18) carry out the responsibilities assigned to the department by statute;
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(19) examine and audit the expenditures of any public funds provided to a local substance
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abuse authority, a local mental health authority, a local area agency on aging, and any
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person, agency, or organization that contracts with or receives funds from those
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authorities or agencies. Those local authorities, area agencies, and any person or entity
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that contracts with or receives funds from those authorities or area agencies, shall
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provide the department with any information the department considers necessary. The
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department is further authorized to issue directives resulting from any examination or
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audit to a local authority, an area agency, and persons or entities that contract with or
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receive funds from those authorities with regard to any public funds. If the department
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determines that it is necessary to withhold funds from a local mental health authority or
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local substance abuse authority based on failure to comply with state or federal law,
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policy, or contract provisions, the department may take steps necessary to ensure
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continuity of services. For purposes of this Subsection (19) "public funds" means the
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same as that term is defined in Section 26B-5-101;
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(20) in accordance with Subsection 26B-2-104(1)(d), accredit one or more agencies and
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persons to provide intercountry adoption services;
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(21) within legislative appropriations, promote and develop a system of care and
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stabilization services:
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(a) in compliance with Title 63G, Chapter 6a, Utah Procurement Code; and
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(b) that encompasses the department, department contractors, and the divisions, offices,
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or institutions within the department, to:
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(i) navigate services, funding resources, and relationships to the benefit of the
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children and families whom the department serves;
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(ii) centralize department operations, including procurement and contracting;
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(iii) develop policies that govern business operations and that facilitate a system of
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care approach to service delivery;
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(iv) allocate resources that may be used for the children and families served by the
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department or the divisions, offices, or institutions within the department, subject
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to the restrictions in Section 63J-1-206;
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(v) create performance-based measures for the provision of services; and
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(vi) centralize other business operations, including data matching and sharing among
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the department's divisions, offices, and institutions;
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(22) ensure that any training or certification required of a public official or public
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employee, as those terms are defined in Section 63G-22-102, complies with Title 63G,
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Chapter 22, State Training and Certification Requirements, if the training or certification
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is required:
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(a) under this title;
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(b) by the department; or
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(c) by an agency or division within the department;
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(23) enter into cooperative agreements with the Department of Environmental Quality to
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delineate specific responsibilities to assure that assessment and management of risk to
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human health from the environment are properly administered;
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(24) consult with the Department of Environmental Quality and enter into cooperative
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agreements, as needed, to ensure efficient use of resources and effective response to
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potential health and safety threats from the environment, and to prevent gaps in
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protection from potential risks from the environment to specific individuals or
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population groups;
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(25) to the extent authorized under state law or required by federal law, promote and protect
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the health and wellness of the people within the state;
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(26) establish, maintain, and enforce rules authorized under state law or required by federal
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law to promote and protect the public health or to prevent disease and illness;
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(27) investigate the causes of epidemic, infectious, communicable, and other diseases
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affecting the public health;
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(28) provide for the detection and reporting of communicable, infectious, acute, chronic, or
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any other disease or health hazard which the department considers to be dangerous,
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important, or likely to affect the public health;
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(29) collect and report information on causes of injury, sickness, death, and disability and
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the risk factors that contribute to the causes of injury, sickness, death, and disability
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within the state;
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(30) collect, prepare, publish, and disseminate information to inform the public concerning
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the health and wellness of the population, specific hazards, and risks that may affect the
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health and wellness of the population and specific activities which may promote and
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protect the health and wellness of the population;
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(31) abate nuisances when necessary to eliminate sources of filth and infectious and
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communicable diseases affecting the public health;
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(32) make necessary sanitary and health investigations and inspections in cooperation with
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local health departments as to any matters affecting the public health;
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(33) establish laboratory services necessary to support public health programs and medical
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services in the state;
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(34) establish and enforce standards for laboratory services which are provided by any
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laboratory in the state when the purpose of the services is to protect the public health;
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(35) cooperate with the Labor Commission to conduct studies of occupational health
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hazards and occupational diseases arising in and out of employment in industry, and
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make recommendations for elimination or reduction of the hazards;
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(36) cooperate with the local health departments, the Department of Corrections, the
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Administrative Office of the Courts, the Division of Juvenile Justice and Youth
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Services, and the Utah Office for Victims of Crime to conduct testing for HIV infection
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of alleged sexual offenders, convicted sexual offenders, and any victims of a sexual
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offense;
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(37) investigate the causes of maternal and infant mortality;
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(38) establish, maintain, and enforce a procedure requiring the blood of adult pedestrians
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and drivers of motor vehicles killed in highway accidents be examined for the presence
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and concentration of alcohol, and provide the Commissioner of Public Safety with
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monthly statistics reflecting the results of these examinations, with necessary safeguards
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so that information derived from the examinations is not used for a purpose other than
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the compilation of these statistics;
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[(39) establish qualifications for individuals permitted to draw blood under Subsection
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41-6a-523(1)(a)(vi), 53-10-405(2)(a)(vi), 72-10-502(5)(a)(vi), or 77-23-213(3)(a)(vi),
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and to issue permits to individuals the department finds qualified, which permits may be
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terminated or revoked by the department;]
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[(40)] (39) establish a uniform public health program throughout the state which includes
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continuous service, employment of qualified employees, and a basic program of disease
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control, vital and health statistics, sanitation, public health nursing, and other preventive
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health programs necessary or desirable for the protection of public health;
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[(41)] (40) conduct health planning for the state;
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[(42)] (41) monitor the costs of health care in the state and foster price competition in the
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health care delivery system;
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[(43)] (42) establish methods or measures for health care providers, public health entities,
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and health care insurers to coordinate among themselves to verify the identity of the
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individuals the providers serve;
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[(44)] (43) designate Alzheimer's disease and related dementia as a public health issue and,
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within budgetary limitations, implement a state plan for Alzheimer's disease and related
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dementia by incorporating the plan into the department's strategic planning and
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budgetary process;
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[(45)] (44) coordinate with other state agencies and other organizations to implement the
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state plan for Alzheimer's disease and related dementia;
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[(46)] (45) ensure that any training or certification required of a public official or public
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employee, as those terms are defined in Section 63G-22-102, complies with Title 63G,
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Chapter 22, State Training and Certification Requirements, if the training or certification
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is required by the agency or under this Title 26B, Utah Health and Human Services Code;
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[(47)] (46) oversee public education vision screening as described in Section 53G-9-404;
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[(48)] (47) issue code blue alerts in accordance with Title 35A, Chapter 16, Part 7, Code
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Blue Alert; and
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[(49)] (48) as allowed by state and federal law, share data with the Office of Families that is
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relevant to the duties described in Subsection 26B-1-243(4), which may include, to the
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extent available:
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(a) demographic data concerning family structures in the state; and
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(b) data regarding the family structure associated with:
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(i) suicide, depression, or anxiety; and
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(ii) various health outcomes.
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Section 3.  Section 26B-3-804 is amended to read:
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26B-3-804 . Medicaid ambulance service provider adjustment under
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fee-for-service rates.
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      The division shall, if the assessment imposed by this part is approved by the Centers for
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Medicare and Medicaid Services, for fee-for-service rates effective on or after July 1, 2015,
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reimburse an ambulance service provider in an amount up to the Emergency Medical Services
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Ambulance Rates adopted annually by the [department] Department of Public Safety.
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Section 4.  Section 26B-4-301 is amended to read:
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26B-4-301 . Definitions.
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      As used in this part:
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(1) "Bureau" means the Bureau of Emergency Medical Services created in Section
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53-2d-102.
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[(1)] (2) "Committee" means the Primary Care Grant Committee described in Section
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26B-1-410.
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[(2)] (3) "Community based organization":
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(a) means a private entity; and
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(b) includes for profit and not for profit entities.
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[(3)] (4) "Cultural competence" means a set of congruent behaviors, attitudes, and policies
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that come together in a system, agency, or profession and enables that system, agency,
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or profession to work effectively in cross-cultural situations.
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[(4)] (5) "Emergency medical dispatch center" means a public safety answering point, as
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defined in Section 63H-7a-103, that is designated as an emergency medical dispatch
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center by the office.
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[(5)] (6) "Health literacy" means the degree to which an individual has the capacity to
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obtain, process, and understand health information and services needed to make
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appropriate health decisions.
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[(6)] (7) "Institutional capacity" means the ability of a community based organization to
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implement public and private contracts.
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[(7)] (8) "Medically underserved population" means the population of an urban or rural area
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or a population group that the committee determines has a shortage of primary health
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care.
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[(8) "Office" means the Office of Emergency Medical Services and Preparedness within the
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department.]
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(9) "Pregnancy support services" means services that:
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(a) encourage childbirth instead of voluntary termination of pregnancy; and
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(b) assist pregnant women, or women who may become pregnant, to choose childbirth
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whether they intend to parent or select adoption for the child.
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(10) "Primary care grant" means a grant awarded by the department under Subsection
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26B-4-310(1).
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(11)(a) "Primary health care" means:
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(i) basic and general health care services given when a person seeks assistance to
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screen for or to prevent illness and disease, or for simple and common illnesses
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and injuries; and
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(ii) care given for the management of chronic diseases.
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(b) "Primary health care" includes:
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(i) services of physicians, nurses, physician's assistants, and dentists licensed to
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practice in this state under Title 58, Occupations and Professions;
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(ii) diagnostic and radiologic services;
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(iii) preventive health services including perinatal services, well-child services, and
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other services that seek to prevent disease or its consequences;
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(iv) emergency medical services;
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(v) preventive dental services; and
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(vi) pharmaceutical services.
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Section 5.  Section 26B-4-501 is amended to read:
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26B-4-501 . Definitions.
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      As used in this part:
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(1) "Controlled substance" means the same as that term is defined in Title 58, Chapter 37,
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Utah Controlled Substances Act.
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(2) "Critical access hospital" means a critical access hospital that meets the criteria of 42
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U.S.C. Sec. 1395i-4(c)(2) (1998).
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(3) "Designated facility" means:
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(a) a freestanding urgent care center;
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(b) a general acute hospital; or
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(c) a critical access hospital.
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(4) "Dispense" means the same as that term is defined in Section 58-17b-102.
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(5) "Division" means the Division of Professional Licensing created in Section 58-1-103.
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(6) "Emergency contraception" means the use of a substance, approved by the United States
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Food and Drug Administration, to prevent pregnancy after sexual intercourse.
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(7) "Freestanding urgent care center" means the same as that term is defined in Section
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59-12-801.
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(8) "General acute hospital" means the same as that term is defined in Section 26B-2-201.
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(9) "Health care facility" means a hospital, a hospice inpatient residence, a nursing facility,
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a dialysis treatment facility, an assisted living residence, an entity that provides home-
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and community-based services, a hospice or home health care agency, or another facility
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that provides or contracts to provide health care services, which facility is licensed under
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Chapter 2, Part 2, Health Care Facility Licensing and Inspection.
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(10) "Health care provider" means:
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(a) a physician, as defined in Section 58-67-102;
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(b) an advanced practice registered nurse, as defined in Section 58-31b-102;
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(c) a physician assistant, as defined in Section 58-70a-102; or
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(d) an individual licensed to engage in the practice of dentistry, as defined in Section
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58-69-102.
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(11) "Increased risk" means risk exceeding the risk typically experienced by an individual
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who is not using, and is not likely to use, an opiate.
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(12) "Opiate" means the same as that term is defined in Section 58-37-2.
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(13) "Opiate antagonist" means naloxone hydrochloride or any similarly acting drug that is
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not a controlled substance and that is approved by the federal Food and Drug
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Administration for the diagnosis or treatment of an opiate-related drug overdose.
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(14) "Opiate-related drug overdose event" means an acute condition, including a decreased
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level of consciousness or respiratory depression resulting from the consumption or use
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of a controlled substance, or another substance with which a controlled substance was
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combined, and that a person would reasonably believe to require medical assistance.
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(15) "Overdose outreach provider" means:
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(a) a law enforcement agency;
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(b) a fire department;
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(c) an emergency medical service provider, as defined in Section [26B-4-101] 53-2d-101;
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(d) emergency medical service personnel, as defined in Section [26B-4-101] 53-2d-101;
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(e) an organization providing treatment or recovery services for drug or alcohol use;
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(f) an organization providing support services for an individual, or a family of an
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individual, with a substance use disorder;
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(g) a certified peer support specialist, as defined in Section 26B-5-610;
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(h) an organization providing substance use or mental health services under contract
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with a local substance abuse authority, as defined in Section 26B-5-101, or a local
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mental health authority, as defined in Section 26B-5-101;
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(i) an organization providing services to the homeless;
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(j) a local health department;
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(k) an individual licensed to practice under:
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(i) Title 58, Chapter 17b, Pharmacy Practice Act;
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(ii) Title 58, Chapter 60, Part 2, Social Worker Licensing Act; or
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(iii) Title 58, Chapter 60, Part 5, Substance Use Disorder Counselor Act; or
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(l) an individual.
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(16) "Patient counseling" means the same as that term is defined in Section 58-17b-102.
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(17) "Pharmacist" means the same as that term is defined in Section 58-17b-102.
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(18) "Pharmacy intern" means the same as that term is defined in Section 58-17b-102.
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(19) "Physician" means the same as that term is defined in Section 58-67-102.
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(20) "Practitioner" means:
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(a) a physician; or
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(b) any other person who is permitted by law to prescribe emergency contraception.
409 
(21) "Prescribe" means the same as that term is defined in Section 58-17b-102.
410 
(22)(a) "Self-administered hormonal contraceptive" means a self-administered hormonal
411 
contraceptive that is approved by the United States Food and Drug Administration to
412 
prevent pregnancy.
413 
(b) "Self-administered hormonal contraceptive" includes an oral hormonal contraceptive,
414 
a hormonal vaginal ring, and a hormonal contraceptive patch.
415 
(c) "Self-administered hormonal contraceptive" does not include any drug intended to
416 
induce an abortion, as that term is defined in Section 76-7-301.
417 
(23) "Sexual assault" means any criminal conduct described in Title 76, Chapter 5, Part 4,
418 
Sexual Offenses, that may result in a pregnancy.
419 
(24) "Victim of sexual assault" means any person who presents to receive, or receives,
420 
medical care in consequence of being subjected to sexual assault.
421 
Section 6.  Section 26B-5-331 is amended to read:
422 
26B-5-331 . Temporary commitment -- Requirements and procedures -- Rights.
423 
(1) An adult shall be temporarily, involuntarily committed to a local mental health authority
424 
upon:
425 
(a) a written application that:
426 
(i) is completed by a responsible individual who has reason to know, stating a belief
427 
that the adult, due to mental illness, is likely to pose substantial danger to self or
428 
others if not restrained and stating the personal knowledge of the adult's condition
429 
or circumstances that lead to the individual's belief; and
430 
(ii) includes a certification by a licensed physician, licensed physician assistant,
431 
licensed nurse practitioner, or designated examiner stating that the physician,
432 
physician assistant, nurse practitioner, or designated examiner has examined the
433 
adult within a three-day period immediately preceding the certification, and that
434 
the physician, physician assistant, nurse practitioner, or designated examiner is of
435 
the opinion that, due to mental illness, the adult poses a substantial danger to self
- 13 - S.B. 209	Enrolled Copy
436 
or others; or
437 
(b) a peace officer or a mental health officer:
438 
(i) observing an adult's conduct that gives the peace officer or mental health officer
439 
probable cause to believe that:
440 
(A) the adult has a mental illness; and
441 
(B) because of the adult's mental illness and conduct, the adult poses a substantial
442 
danger to self or others; and
443 
(ii) completing a temporary commitment application that:
444 
(A) is on a form prescribed by the division;
445 
(B) states the peace officer's or mental health officer's belief that the adult poses a
446 
substantial danger to self or others;
447 
(C) states the specific nature of the danger;
448 
(D) provides a summary of the observations upon which the statement of danger is
449 
based; and
450 
(E) provides a statement of the facts that called the adult to the peace officer's or
451 
mental health officer's attention.
452 
(2) If at any time a patient committed under this section no longer meets the commitment
453 
criteria described in Subsection (1), the local mental health authority or the local mental
454 
health authority's designee shall:
455 
(a) document the change and release the patient; and
456 
(b) if the patient was admitted under Subsection (1)(b), notify the peace officer or
457 
mental health officer of the patient's release.
458 
(3) A patient committed under this section may be held for a maximum of 72 hours after
459 
commitment, excluding Saturdays, Sundays, and legal holidays, unless:
460 
(a) as described in Section 26B-5-332, an application for involuntary commitment is
461 
commenced, which may be accompanied by an order of detention described in
462 
Subsection 26B-5-332(4); or
463 
(b) the patient makes a voluntary application for admission.
464 
(4) Upon a written application described in Subsection (1)(a) or the observation and belief
465 
described in Subsection (1)(b)(i), the adult shall be:
466 
(a) taken into a peace officer's protective custody, by reasonable means, if necessary for
467 
public safety; and
468 
(b) transported for temporary commitment to a facility designated by the local mental
469 
health authority, by means of:
- 14 - Enrolled Copy	S.B. 209
470 
(i) an ambulance, if the adult meets any of the criteria described in Section [
471 
26B-4-119] 53-2d-405;
472 
(ii) an ambulance, if a peace officer is not necessary for public safety, and
473 
transportation arrangements are made by a physician, physician assistant, nurse
474 
practitioner, designated examiner, or mental health officer;
475 
(iii) the city, town, or municipal law enforcement authority with jurisdiction over the
476 
location where the adult is present, if the adult is not transported by ambulance;
477 
(iv) the county sheriff, if the designated facility is outside of the jurisdiction of the
478 
law enforcement authority described in Subsection (4)(b)(iii) and the adult is not
479 
transported by ambulance; or
480 
(v) nonemergency secured behavioral health transport as that term is defined in
481 
Section 53-2d-101.
482 
(5) Notwithstanding Subsection (4):
483 
(a) an individual shall be transported by ambulance to an appropriate medical facility for
484 
treatment if the individual requires physical medical attention;
485 
(b) if an officer has probable cause to believe, based on the officer's experience and
486 
de-escalation training that taking an individual into protective custody or transporting
487 
an individual for temporary commitment would increase the risk of substantial
488 
danger to the individual or others, a peace officer may exercise discretion to not take
489 
the individual into custody or transport the individual, as permitted by policies and
490 
procedures established by the officer's law enforcement agency and any applicable
491 
federal or state statute, or case law; and
492 
(c) if an officer exercises discretion under Subsection (4)(b) to not take an individual
493 
into protective custody or transport an individual, the officer shall document in the
494 
officer's report the details and circumstances that led to the officer's decision.
495 
(6)(a) The local mental health authority shall inform an adult patient committed under
496 
this section of the reason for commitment.
497 
(b) An adult patient committed under this section has the right to:
498 
(i) within three hours after arrival at the local mental health authority, make a
499 
telephone call, at the expense of the local mental health authority, to an individual
500 
of the patient's choice; and
501 
(ii) see and communicate with an attorney.
502 
(7)(a) Title 63G, Chapter 7, Governmental Immunity Act of Utah, applies to this section.
503 
(b) This section does not create a special duty of care.
- 15 - S.B. 209	Enrolled Copy
504 
(8)(a) A local mental health authority shall provide discharge instructions to each
505 
individual committed under this section at or before the time the individual is
506 
discharged from the local mental health authority's custody, regardless of whether the
507 
individual is discharged by being released, taken into a peace officer's protective
508 
custody, transported to a medical facility or other facility, or other circumstances.
509 
(b) Discharge instructions provided under Subsection (8)(a) shall include:
510 
(i) a summary of why the individual was committed to the local mental health
511 
authority;
512 
(ii) detailed information about why the individual is being discharged from the local
513 
mental health authority's custody;
514 
(iii) a safety plan for the individual based on the individual's mental illness or mental
515 
or emotional state;
516 
(iv) notification to the individual's primary care provider, if applicable;
517 
(v) if the individual is discharged without food, housing, or economic security, a
518 
referral to appropriate services, if such services exist in the individual's
519 
community;
520 
(vi) the phone number to call or text for a crisis services hotline, and information
521 
about the availability of peer support services;
522 
(vii) a copy of any psychiatric advance directive presented to the local mental health
523 
authority, if applicable;
524 
(viii) information about how to establish a psychiatric advance directive if one was
525 
not presented to the local mental health authority;
526 
(ix) as applicable, information about medications that were changed or discontinued
527 
during the commitment;
528 
(x) a list of any screening or diagnostic tests conducted during the commitment;
529 
(xi) a summary of therapeutic treatments provided during the commitment;
530 
(xii) any laboratory work, including blood samples or imaging, that was completed or
531 
attempted during the commitment; and
532 
(xiii) information about how to contact the local mental health authority if needed.
533 
(c) If an individual's medications were changed, or if an individual was prescribed new
534 
medications while committed under this section, discharge instructions provided
535 
under Subsection (8)(a) shall include a clinically appropriate supply of medications,
536 
as determined by a licensed health care provider, to allow the individual time to
537 
access another health care provider or follow-up appointment.
- 16 - Enrolled Copy	S.B. 209
538 
(d) If an individual refuses to accept discharge instructions, the local mental health
539 
authority shall document the refusal in the individual's medical record.
540 
(e) If an individual's discharge instructions include referrals to services under Subsection
541 
(8)(b)(v), the local mental health authority shall document those referrals in the
542 
individual's medical record.
543 
(f) The local mental health authority shall attempt to follow up with a discharged
544 
individual at least 48 hours after discharge, and may use peer support professionals
545 
when performing follow-up care or developing a continuing care plan.
546 
Section 7.  Section 26B-5-609 is amended to read:
547 
26B-5-609 . Department and division duties -- MCOT license creation.
548 
(1) As used in this section:
549 
(a) "Committee" means the Behavioral Health Crisis Response Committee created in
550 
Section 63C-18-202.
551 
(b) "Emergency medical service personnel" means the same as that term is defined in
552 
Section [26B-4-101] 53-2d-101.
553 
(c) "Emergency medical services" means the same as that term is defined in Section [
554 
26B-4-101] 53-2d-101.
555 
(d) "MCOT certification" means the certification created in this part for MCOT
556 
personnel and mental health crisis outreach services.
557 
(e) "MCOT personnel" means a licensed mental health therapist or other mental health
558 
professional, as determined by the division, who is a part of a mobile crisis outreach
559 
team.
560 
(f) "Mental health crisis" means a mental health condition that manifests itself by
561 
symptoms of sufficient severity that a prudent layperson who possesses an average
562 
knowledge of mental health issues could reasonably expect the absence of immediate
563 
attention or intervention to result in:
564 
(i) serious jeopardy to the individual's health or well-being; or
565 
(ii) a danger to others.
566 
(g)(i) "Mental health crisis services" means mental health services and on-site
567 
intervention that a person renders to an individual suffering from a mental health
568 
crisis.
569 
(ii) "Mental health crisis services" includes the provision of safety and care plans,
570 
stabilization services offered for a minimum of 60 days, and referrals to other
571 
community resources.
- 17 - S.B. 209	Enrolled Copy
572 
(h) "Mental health therapist" means the same as that term is defined in Section 58-60-102.
573 
(i) "Mobile crisis outreach team" or "MCOT" means a mobile team of medical and
574 
mental health professionals that provides mental health crisis services and, based on
575 
the individual circumstances of each case, coordinates with local law enforcement,
576 
emergency medical service personnel, and other appropriate state or local resources.
577 
(2) To promote the availability of comprehensive mental health crisis services throughout
578 
the state, the division shall make rules, in accordance with Title 63G, Chapter 3, Utah
579 
Administrative Rulemaking Act, that create a certificate for MCOT personnel and
580 
MCOTs, including:
581 
(a) the standards the division establishes under Subsection (3); and
582 
(b) guidelines for:
583 
(i) credit for training and experience; and
584 
(ii) the coordination of:
585 
(A) emergency medical services and mental health crisis services;
586 
(B) law enforcement, emergency medical service personnel, and mobile crisis
587 
outreach teams; and
588 
(C) temporary commitment in accordance with Section 26B-5-331.
589 
(3)(a) The division shall:
590 
(i) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
591 
make rules that establish standards that an applicant is required to meet to qualify
592 
for the MCOT certification described in Subsection (2); and
593 
(ii) create a statewide MCOT plan that:
594 
(A) identifies statewide mental health crisis services needs, objectives, and
595 
priorities; and
596 
(B) identifies the equipment, facilities, personnel training, and other resources
597 
necessary to provide mental health crisis services.
598 
(b) The division shall take the action described in Subsection (3)(a) with
599 
recommendations from the committee.
600 
(c) The division may delegate the MCOT plan requirement described in Subsection
601 
(3)(a)(ii) to a contractor with which the division contracts to provide mental health
602 
crisis services.
603 
Section 8.  Section 26B-7-301 is amended to read:
604 
26B-7-301 . Definitions.
605 
      As used in this part:
- 18 - Enrolled Copy	S.B. 209
606 
(1) "Bioterrorism" means:
607 
(a) the intentional use of any microorganism, virus, infectious substance, or biological
608 
product to cause death, disease, or other biological malfunction in a human, an
609 
animal, a plant, or another living organism in order to influence, intimidate, or coerce
610 
the conduct of government or a civilian population; and
611 
(b) includes anthrax, botulism, small pox, plague, tularemia, and viral hemorrhagic
612 
fevers.
613 
(2) "Dangerous public health condition" means any of the following:
614 
(a) cholera;
615 
(b) pneumonic plague;
616 
(c) severe acute respiratory syndrome;
617 
(d) smallpox;
618 
(e) tuberculosis;
619 
(f) any viral hemorrhagic fever;
620 
(g) measles; or
621 
(h) any infection:
622 
(i) that is new, drug resistant, or reemerging;
623 
(ii) that evidence suggests is likely to cause either high mortality or morbidity; and
624 
(iii) only if the relevant legislative body of the county where the infection is located
625 
approves as needing containment.
626 
(3) "Diagnostic information" means a clinical facility's record of individuals who present
627 
for treatment, including the reason for the visit, chief complaint, presenting diagnosis,
628 
final diagnosis, and any pertinent lab results.
629 
(4) "Epidemic or pandemic disease":
630 
(a) means the occurrence in a community or region of cases of an illness clearly in
631 
excess of normal expectancy; and
632 
(b) includes diseases designated by the department which have the potential to cause
633 
serious illness or death.
634 
(5) "Exigent circumstances" means a significant change in circumstances following the
635 
expiration of a public health emergency declared in accordance with this title that:
636 
(a) substantially increases the danger to public safety or health relative to the
637 
circumstances in existence when the public health emergency expired;
638 
(b) poses an imminent danger to public safety or health; and
639 
(c) was not known or foreseen and could not have been known or foreseen at the time
- 19 - S.B. 209	Enrolled Copy
640 
the public health emergency expired.
641 
(6) "First responder" means:
642 
(a) a law enforcement officer as defined in Section 53-13-103;
643 
(b) emergency medical service personnel as defined in Section [26B-4-101] 53-2d-101;
644 
(c) firefighters; and
645 
(d) public health personnel having jurisdiction over the location where an individual
646 
subject to an order of restriction is found.
647 
(7) "Health care provider" means the same as that term is defined in Section 78B-3-403.
648 
(8) "Legislative emergency response committee" means the same as that term is defined in
649 
Section 53-2a-203.
650 
(9) "Local food" means the same as that term is defined in Section 4-1-109.
651 
(10)(a) "Order of constraint" means an order, rule, or regulation issued in response to a
652 
declared public health emergency under this part, that:
653 
(i) applies to all or substantially all:
654 
(A) individuals or a certain group of individuals; or
655 
(B) public places or certain types of public places; and
656 
(ii) for the protection of the public health and in response to the declared public
657 
health emergency:
658 
(A) establishes, maintains, or enforces isolation or quarantine;
659 
(B) establishes, maintains, or enforces a stay-at-home order;
660 
(C) exercises physical control over property or individuals;
661 
(D) requires an individual to perform a certain action or engage in certain
662 
behavior; or
663 
(E) closes theaters, schools, or other public places or prohibits gatherings of
664 
people to protect the public health.
665 
(b) "Order of constraint" includes a stay-at-home order.
666 
(11) "Order of restriction" means an order issued by a department or a district court which
667 
requires an individual or group of individuals who are subject to restriction to submit to
668 
an examination, treatment, isolation, or quarantine.
669 
(12)(a) "Public health emergency" means an occurrence or imminent credible threat of
670 
an illness or health condition, caused by bioterrorism, epidemic or pandemic disease,
671 
or novel and highly fatal infectious agent or biological toxin, that poses a substantial
672 
risk of a significant number of human fatalities or incidents of permanent or
673 
long-term disability.
- 20 - Enrolled Copy	S.B. 209
674 
(b) "Public health emergency" includes an illness or health condition resulting from a
675 
natural disaster.
676 
(13) "Public health official" means:
677 
(a) the executive director or the executive director's authorized representative; or
678 
(b) the executive director of a local health department or the executive director's
679 
authorized representative.
680 
(14) "Reportable emergency illness and health condition" includes the diseases, conditions,
681 
or syndromes designated by the department.
682 
(15) "Stay-at-home order" means an order of constraint that:
683 
(a) restricts movement of the general population to suppress or mitigate an epidemic or
684 
pandemic disease by directing individuals within a defined geographic area to remain
685 
in their respective residences; and
686 
(b) may include exceptions for certain essential tasks.
687 
(16) "Threat to public health" means a situation where a dangerous public health condition
688 
could spread to other individuals.
689 
(17) "Subject to restriction" as applied to an individual, or a group of individuals, means the
690 
individual or group of individuals could create a threat to public health.
691 
Section 9.  Section 41-6a-523 is amended to read:
692 
41-6a-523 . Persons authorized to draw blood -- Immunity from liability.
693 
(1)(a) Only the following, acting at the request of a peace officer, may draw blood to
694 
determine its alcohol or drug content:
695 
(i) a physician;
696 
(ii) a physician assistant;
697 
(iii) a registered nurse;
698 
(iv) a licensed practical nurse;
699 
(v) a paramedic;
700 
(vi) as provided in Subsection (1)(b), emergency medical service personnel other
701 
than paramedics; or
702 
(vii) a person with a valid permit issued by the [Department of Health and Human
703 
Services] Department of Public Safety under Section [26B-1-202] 53-2d-103.
704 
(b) The Bureau of Emergency Medical Services may designate by rule, in accordance
705 
with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, which emergency
706 
medical service personnel, as defined in Section 53-2d-101, are authorized to draw
707 
blood under Subsection (1)(a)(vi), based on the type of license under Section
- 21 - S.B. 209	Enrolled Copy
708 
53-2d-402.
709 
(c) Subsection (1)(a) does not apply to taking a urine, breath, or oral fluid specimen.
710 
(2) The following are immune from civil or criminal liability arising from drawing a blood
711 
sample from a person whom a peace officer has reason to believe is driving in violation
712 
of this chapter, if the sample is drawn in accordance with standard medical practice, and
713 
pursuant to a warrant or with the consent of the individual:
714 
(a) a person authorized to draw blood under Subsection (1)(a);
715 
(b) if the blood is drawn at a hospital or other medical facility, the medical facility; or
716 
(c) if the blood is drawn at a law enforcement facility in a secure area not accessible by
717 
the public, the law enforcement agency.
718 
Section 10.  Section 53-2d-101 is amended to read:
719 
53-2d-101 . Definitions.
720 
      As used in this chapter:
721 
(1)(a) "911 ambulance or paramedic services" means:
722 
(i) either:
723 
(A) 911 ambulance service;
724 
(B) 911 paramedic service; or
725 
(C) both 911 ambulance and paramedic service; and
726 
(ii) a response to a 911 call received by a designated dispatch center that receives 911
727 
or E911 calls.
728 
(b) "911 ambulance or paramedic services" does not mean a seven or 10 digit telephone
729 
call received directly by an ambulance provider licensed under this chapter.
730 
(2) "Ambulance" means a ground, air, or water vehicle that:
731 
(a) transports patients and is used to provide emergency medical services; and
732 
(b) is required to obtain a permit under Section 53-2d-404 to operate in the state.
733 
(3) "Ambulance provider" means an emergency medical service provider that:
734 
(a) transports and provides emergency medical care to patients; and
735 
(b) is required to obtain a license under Part 5, Ambulance and Paramedic Providers.
736 
(4) "Automatic external defibrillator" or "AED" means an automated or automatic
737 
computerized medical device that:
738 
(a) has received pre-market notification approval from the United States Food and Drug
739 
Administration, pursuant to 21 U.S.C. Sec. 360(k);
740 
(b) is capable of recognizing the presence or absence of ventricular fibrillation or rapid
741 
ventricular tachycardia;
- 22 - Enrolled Copy	S.B. 209
742 
(c) is capable of determining, without intervention by an operator, whether defibrillation
743 
should be performed; and
744 
(d) upon determining that defibrillation should be performed, automatically charges,
745 
enabling delivery of, or automatically delivers, an electrical impulse through the
746 
chest wall and to an individual's heart.
747 
(5)(a) "Behavioral emergency services" means delivering a behavioral health
748 
intervention to a patient in an emergency context within a scope and in accordance
749 
with guidelines established by the department.
750 
(b) "Behavioral emergency services" does not include engaging in the:
751 
(i) practice of mental health therapy as defined in Section 58-60-102;
752 
(ii) practice of psychology as defined in Section 58-61-102;
753 
(iii) practice of clinical social work as defined in Section 58-60-202;
754 
(iv) practice of certified social work as defined in Section 58-60-202;
755 
(v) practice of marriage and family therapy as defined in Section 58-60-302;
756 
(vi) practice of clinical mental health counseling as defined in Section 58-60-402; or
757 
(vii) practice as a substance use disorder counselor as defined in Section 58-60-502.
758 
(6) "Bureau" means the Bureau of Emergency Medical Services created in Section
759 
53-2d-102.
760 
(7) "Cardiopulmonary resuscitation" or "CPR" means artificial ventilation or external chest
761 
compression applied to a person who is unresponsive and not breathing.
762 
(8) "Committee" means the Trauma System and Emergency Medical Services Committee
763 
created by Section 53-2d-104.
764 
(9) "Community paramedicine" means medical care:
765 
(a) provided by emergency medical service personnel; and
766 
(b) provided to a patient who is not:
767 
(i) in need of ambulance transportation; or
768 
(ii) located in a health care facility as defined in Section 26B-2-201.
769 
(10) "Direct medical observation" means in-person observation of a patient by a physician,
770 
registered nurse, physician's assistant, or individual licensed under Section [26B-4-116] 
771 
53-2d-402.
772 
(11) "Emergency medical condition" means:
773 
(a) a medical condition that manifests itself by symptoms of sufficient severity,
774 
including severe pain, that a prudent layperson, who possesses an average knowledge
775 
of health and medicine, could reasonably expect the absence of immediate medical
- 23 - S.B. 209	Enrolled Copy
776 
attention to result in:
777 
(i) placing the individual's health in serious jeopardy;
778 
(ii) serious impairment to bodily functions; or
779 
(iii) serious dysfunction of any bodily organ or part; or
780 
(b) a medical condition that in the opinion of a physician or the physician's designee
781 
requires direct medical observation during transport or may require the intervention
782 
of an individual licensed under Section 53-2d-402 during transport.
783 
(12) "Emergency medical dispatch center" means a public safety answering point, as
784 
defined in Section 63H-7a-103, that is designated as an emergency medical dispatch
785 
center by the bureau.
786 
(13)(a) "Emergency medical service personnel" means an individual who provides
787 
emergency medical services or behavioral emergency services to a patient and is
788 
required to be licensed or certified under Section 53-2d-402.
789 
(b) "Emergency medical service personnel" includes a paramedic, medical director of a
790 
licensed emergency medical service provider, emergency medical service instructor,
791 
behavioral emergency services technician, [other categories established by the
792 
committee, ]and a certified emergency medical dispatcher.
793 
(14) "Emergency medical service providers" means:
794 
(a) licensed ambulance providers and paramedic providers;
795 
(b) a facility or provider that is required to be designated under Subsection 53-2d-403
796 
(1)(a); and
797 
(c) emergency medical service personnel.
798 
(15) "Emergency medical services" means:
799 
(a) medical services;
800 
(b) transportation services;
801 
(c) behavioral emergency services; or
802 
(d) any combination of the services described in Subsections (15)(a) through (c).
803 
(16) "Emergency medical service vehicle" means a land, air, or water vehicle that is:
804 
(a) maintained and used for the transportation of emergency medical personnel,
805 
equipment, and supplies to the scene of a medical emergency; and
806 
(b) required to be permitted under Section 53-2d-404.
807 
(17) "Governing body":
808 
(a) means the same as that term is defined in Section 11-42-102; and
809 
(b) for purposes of a "special service district" under Section 11-42-102, means a special
- 24 - Enrolled Copy	S.B. 209
810 
service district that has been delegated the authority to select a provider under this
811 
chapter by the special service district's legislative body or administrative control
812 
board.
813 
(18) "Interested party" means:
814 
(a) a licensed or designated emergency medical services provider that provides
815 
emergency medical services within or in an area that abuts an exclusive geographic
816 
service area that is the subject of an application submitted pursuant to Part 5,
817 
Ambulance and Paramedic Providers;
818 
(b) any municipality, county, or fire district that lies within or abuts a geographic service
819 
area that is the subject of an application submitted pursuant to Part 5, Ambulance and
820 
Paramedic Providers; or
821 
(c) the department when acting in the interest of the public.
822 
(19) "Level of service" means the level at which an ambulance provider type of service is
823 
licensed as:
824 
(a) emergency medical technician;
825 
(b) advanced emergency medical technician; or
826 
(c) paramedic.
827 
(20) "Medical control" means a person who provides medical supervision to an emergency
828 
medical service provider.
829 
(21) "Non-911 service" means transport of a patient that is not 911 transport under
830 
Subsection (1).
831 
(22) "Nonemergency secured behavioral health transport" means an entity that:
832 
(a) provides nonemergency secure transportation services for an individual who:
833 
(i) is not required to be transported by an ambulance under Section 53-2d-405; and
834 
(ii) requires behavioral health observation during transport between any of the
835 
following facilities:
836 
(A) a licensed acute care hospital;
837 
(B) an emergency patient receiving facility;
838 
(C) a licensed mental health facility; and
839 
(D) the office of a licensed health care provider; and
840 
(b) is required to be designated under Section 53-2d-403.
841 
(23) "Paramedic provider" means an entity that:
842 
(a) employs emergency medical service personnel; and
843 
(b) is required to obtain a license under Part 5, Ambulance and Paramedic Providers.
- 25 - S.B. 209	Enrolled Copy
844 
(24) "Patient" means an individual who, as the result of illness, injury, or a behavioral
845 
emergency condition, meets any of the criteria in Section [26B-4-119] 53-2d-405.
846 
(25) "Political subdivision" means:
847 
(a) a city or town;
848 
(b) a county;
849 
(c) a special service district created under Title 17D, Chapter 1, Special Service District
850 
Act, for the purpose of providing fire protection services under Subsection 17D-1-201
851 
(9);
852 
(d) a special district created under Title 17B, Limited Purpose Local Government
853 
Entities - Special Districts, for the purpose of providing fire protection, paramedic,
854 
and emergency services;
855 
(e) areas coming together as described in Subsection 53-2d-505.2(2)(b)(ii); or
856 
(f) an interlocal entity under Title 11, Chapter 13, Interlocal Cooperation Act.
857 
(26) "Sudden cardiac arrest" means a life-threatening condition that results when a person's
858 
heart stops or fails to produce a pulse.
859 
(27) "Training center" means a person designated by the bureau to provide emergency
860 
medical services practitioner training, including:
861 
(a) training for initial licensure; and
862 
(b) continuing medical education under Section 53-2d-402.
863 
[(27)] (28) "Trauma" means an injury requiring immediate medical or surgical intervention.
864 
[(28)] (29) "Trauma system" means a single, statewide system that:
865 
(a) organizes and coordinates the delivery of trauma care within defined geographic
866 
areas from the time of injury through transport and rehabilitative care; and
867 
(b) is inclusive of all prehospital providers, hospitals, and rehabilitative facilities in
868 
delivering care for trauma patients, regardless of severity.
869 
[(29)] (30) "Triage" means the sorting of patients in terms of disposition, destination, or
870 
priority.  For prehospital trauma victims, triage requires a determination of injury
871 
severity to assess the appropriate level of care according to established patient care
872 
protocols.
873 
[(30)] (31) "Triage, treatment, transportation, and transfer guidelines" means written
874 
procedures that:
875 
(a) direct the care of patients; and
876 
(b) are adopted by the medical staff of an emergency patient receiving facility, trauma
877 
center, or an emergency medical service provider.
- 26 - Enrolled Copy	S.B. 209
878 
[(31)] (32) "Type of service" means the category at which an ambulance provider is licensed
879 
as:
880 
(a) ground ambulance transport;
881 
(b) ground ambulance interfacility transport; or
882 
(c) both ground ambulance transport and ground ambulance interfacility transport.
883 
Section 11.  Section 53-2d-103 is amended to read:
884 
53-2d-103 . Bureau duties -- Data sharing.
885 
(1) The bureau shall:
886 
(a) coordinate the emergency medical services within the state;
887 
(b) administer and enforce any programs and applicable rules created under this chapter;
888 
[(c) establish a voluntary task force representing a diversity of emergency medical
889 
service providers to advise the bureau and the committee on rules;]
890 
[(d)] (c) establish an emergency medical service personnel peer review board to [advise
891 
the bureau concerning discipline of emergency medical service personnel] hear
892 
matters regarding licensure under this chapter; and
893 
[(e)] (d) adopt rules in accordance with Title 63G, Chapter 3, Utah Administrative
894 
Rulemaking Act, to:
895 
(i) license ambulance [providers ] agencies and paramedic [providers] agencies;
896 
(ii) permit ambulances, emergency medical response vehicles, and nonemergency
897 
secured behavioral health transport vehicles, including approving an emergency
898 
vehicle operator's course in accordance with Section 53-2d-404;
899 
(iii) license emergency medical personnel;
900 
[(iii)] (iv) establish:
901 
(A) the qualifications for membership of the peer review board created by this
902 
section;
903 
(B) a process for placing restrictions on a license while an investigation is pending;
904 
(C) the process for the investigation and [recommendation by] hearings before the
905 
peer review board; and
906 
(D) the process for determining the status of a license while [a peer review board] 
907 
an investigation is pending;
908 
[(iv)] (v) establish application, submission, and procedural requirements for licenses,
909 
designations, and permits;[ and]
910 
[(v)] (vi) establish and implement the programs, plans, and responsibilities as
911 
specified in other sections of this chapter[.] ; and
- 27 - S.B. 209	Enrolled Copy
912 
(vii) establish qualifications for individuals permitted to draw blood under
913 
Subsections 41-6a-523(1)(a)(vi), 53-10-405(2)(a)(vi), 72-10-502(5)(a)(vi), and
914 
77-23-213(3)(a)(vi), and issue permits to qualified individuals.
915 
(2)(a) The bureau shall share data related to the bureau's duties with the Department of
916 
Health and Human Services.
917 
(b) The Department of Health and Human Services shall share data related to the
918 
bureau's duties with the bureau.
919 
(c) All data collected by the bureau under this chapter is subject to Title 26B, Chapter 8,
920 
Part 4, Health Statistics, including data privacy protections.
921 
Section 12.  Section 53-2d-109 is enacted to read:
922 
53-2d-109 . Emergency Medical Services Critical Needs Account.
923 
(1) There is created within the General Fund a restricted account known as the "Emergency
924 
Medical Services Critical Needs Account."
925 
(2) The account shall be funded through deposits of:
926 
(a) interest earned on the account;
927 
(b) appropriations made by the Legislature; and
928 
(c) contributions deposited into the account in accordance with Subsection
929 
53-2d-207(3)(g).
930 
(3) All funds in the account shall be nonlapsing.
931 
(4) The bureau shall:
932 
(a) calculate and allocate for use under Subsection (4)(b) an amount not greater than
933 
25% of the fund balance, quarterly, as of January 1, April 1, July 1, and October 1 of
934 
each year; and
935 
(b) use the allocated amount under Subsection (4)(a) to award and fund critical needs
936 
grants:
937 
(i) in accordance with the criteria and procedures established by administrative rule;
938 
and
939 
(ii) during the three-month period ending on the date of the next quarterly allocation
940 
under Subsection (4)(a).
941 
Section 13.  Section 53-2d-203 is amended to read:
942 
53-2d-203 . Data collection.
943 
(1) As used in this section:
944 
(a) "Clinical health information" means the same as that term is defined in Section
945 
26B-8-411.
- 28 - Enrolled Copy	S.B. 209
946 
(b) "Electronic exchange" means the same as that term is defined in Section 26B-8-411.
947 
(c) "Emergency medical service provider" means the same as that term is defined in
948 
Section 53-2d-101.
949 
(d) "Emergency medical services" means the same as that term is defined in Section
950 
53-2d-101.
951 
(e) "Qualified network" means the same as that term is defined in Section 26B-8-411.
952 
(2) The [committee] bureau shall specify the information that shall be collected for the
953 
emergency medical services data system established pursuant to Subsection (3).
954 
(3)(a) The bureau shall establish an emergency medical services data system, which
955 
shall provide for the collection, analysis, and reporting of information, as defined by
956 
the [committee] bureau, relating to the response, treatment, and care of patients who
957 
use or have used the emergency medical services system.
958 
(b) The [committee] bureau shall coordinate with the Department of Health and Human
959 
Services, to create a report of data collected by the Department of Health and Human
960 
Services under Section 26B-8-504 regarding:
961 
(i) appropriate analytical methods;
962 
(ii) the total amount of air ambulance flight charges in the state for a one-year period;
963 
and
964 
(iii) of the total number of flights in a one-year period under Subsection (3)(b)(ii):
965 
(A) the number of flights for which a patient had no personal responsibility for
966 
paying part of the flight charges;
967 
(B) the number of flights for which a patient had personal responsibility to pay all
968 
or part of the flight charges;
969 
(C) the range of flight charges for which patients had personal responsibility under
970 
Subsection (3)(b)(iii)(B), including the median amount for paid patient
971 
personal responsibility; and
972 
(D) the name of any air ambulance provider that received a median paid amount
973 
for patient responsibility in excess of the median amount for all paid patient
974 
personal responsibility during the reporting year.
975 
(c) The bureau may share, within the department, information from the emergency
976 
medical services data system that:
977 
(i) relates to traffic incidents; and
978 
(ii) is for the improvement of traffic and public safety.
979 
(d) Information shared under Subsection (3)(c) may not be used for the prosecution of
- 29 - S.B. 209	Enrolled Copy
980 
criminal matters.
981 
(e) Subject to the Health Insurance Portability and Accountability Act of 1996, Pub. L.
982 
No. 104-191, 110 Stat. 1936, as amended:
983 
(i) the [department] bureau may submit clinical health information about a patient, to
984 
a qualified network, via electronic exchange of clinical health information, if:
985 
(A) the electronic exchange of clinical health information meets the standards
986 
established by the [department] Department of Health and Human Services
987 
under Section 26B-8-411; and
988 
(B) the clinical health information was collected by an emergency medical service
989 
provider performing emergency medical services for the provider's patient;
990 
(ii) in connection with providing emergency medical services to a patient, an
991 
emergency medical service provider may, through electronic exchange, access the
992 
patient's clinical health information that is pertinent to the emergency medical
993 
services provided; and
994 
(iii) an emergency medical service provider may use clinical health information only
995 
to provide and improve the quality of the emergency medical service provider's
996 
services.
997 
(4)(a) On or before October 1, the [department] bureau shall make the information in
998 
Subsection (3)(b) public and send the information in Subsection (3)(b) to public
999 
safety dispatchers and first responders in the state.
1000 
(b) Before making the information in Subsection (3)(b) public, the [committee] bureau
1001 
shall provide the air ambulance providers named in the report with the opportunity to
1002 
respond to the accuracy of the information in the report under Section 26B-8-506.
1003 
(5) Persons providing emergency medical services:
1004 
(a) shall provide information to the [department] bureau for the emergency medical
1005 
services data system established pursuant to Subsection (3)(a);
1006 
(b) are not required to provide information to the [department] bureau under Subsection
1007 
(3)(b); and
1008 
(c) may provide information to the [department] bureau under Subsection (3)(b) or (4)(b).
1009 
Section 14.  Section 53-2d-207 is amended to read:
1010 
53-2d-207 . Emergency Medical Services Grant Program.
1011 
(1) Funds appropriated to the [department] bureau for the Emergency Medical Services
1012 
Grant Program shall be used for improvement of delivery of emergency medical services
1013 
and administrative costs as described in Subsection (2)(a).
- 30 - Enrolled Copy	S.B. 209
1014 
(2) From the total amount of funds appropriated to the bureau under Subsection (1), the
1015 
bureau shall use:
1016 
(a) an amount equal to 50% of the funds:
1017 
(i) to provide staff support; and
1018 
(ii) for other expenses incurred in:
1019 
(A) administration of grant funds; and
1020 
(B) other bureau administrative costs under this chapter; and
1021 
(b) an amount equal to 50% of the funds to provide emergency medical services grants
1022 
in accordance with Subsection (3).
1023 
(3)(a) A recipient of a grant under this section shall actively provide emergency medical
1024 
services within the state.
1025 
(b)(i) From the total amount of funds used to provide grants under Subsection (3), the
1026 
bureau shall distribute an amount equal to 21% as per capita block grants for use
1027 
specifically related to the provision of emergency medical services to nonprofit
1028 
prehospital emergency medical services providers that are either licensed or
1029 
designated and to emergency medical services that are the primary emergency
1030 
medical services for a service area.
1031 
(ii) The bureau shall determine the grant amounts by prorating available funds on a
1032 
per capita basis by county as described in bureau rule.
1033 
(c) Subject to Subsections (3)(d) through (f), the [committee] bureau shall use the
1034 
remaining grant funds to award competitive grants to licensed emergency medical
1035 
services providers that provide emergency medical services within counties of the
1036 
third through sixth class, in accordance with rules made by the [committee] bureau.
1037 
(d) A grant awarded under Subsection (3)(c) shall be used:
1038 
(i) for the purchase of equipment, subject to Subsection (3)(e); or
1039 
(ii) for the recruitment, training, or retention of licensed emergency medical services
1040 
providers.
1041 
(e) A recipient of a grant under Subsection (3)(c) may not use more than [$100,000] 
1042 
$200,000 in grant proceeds for the purchase of vehicles.
1043 
(f) A grant awarded for the purpose described in Subsection (3)(d)(ii) is ongoing for a
1044 
period of up to three years.
1045 
(g)[(i)] If, after providing grants under Subsections (3)(c) through (f), any grant funds
1046 
are unallocated at the end of the fiscal year, the [committee] bureau shall [distribute] 
1047 
deposit the unallocated grant funds [as per capita block grants as described in
- 31 - S.B. 209	Enrolled Copy
1048 
Subsection (3)(b)] into the Emergency Medical Services Critical Needs Account
1049 
created under Section 53-2d-109.
1050 
[(ii) Any grant funds distributed as per capita grants under Subsection (3)(g)(i) are
1051 
in addition to the amount described in Subsection (3)(b).]
1052 
Section 15.  Section 53-2d-209 is amended to read:
1053 
53-2d-209 . Regional Emergency Medical Services Liaisons -- Qualifications --
1054 
Duties.
1055 
(1) As used in this section:
1056 
(a) "Liaison" means a regional emergency medical services liaison hired under this
1057 
section.
1058 
(b) "Rural county" means a county of the third, fourth, fifth, or sixth class.
1059 
(2) The [bureau] department, in consultation with the bureau, shall hire five individuals to
1060 
serve as regional emergency medical services liaisons to:
1061 
(a) serve the needs of rural counties in providing emergency medical services in
1062 
accordance with this chapter;
1063 
(b) act as a liaison between the bureau and individuals or entities responsible for
1064 
emergency medical services in rural counties, including:
1065 
(i) emergency medical services providers;
1066 
(ii) local officials; and
1067 
(iii) local health departments or agencies;
1068 
(c) provide support and training to emergency medical services providers in rural
1069 
counties;
1070 
(d) assist rural counties in utilizing state and federal grant programs for financing
1071 
emergency medical services; and
1072 
(e) serve as emergency medical service personnel to assist licensed providers with
1073 
ambulance staffing needs within rural counties.
1074 
(3) Each liaison hired under Subsection (2):
1075 
(a) shall reside in a rural county; and
1076 
(b) shall be licensed as:
1077 
(i) an advanced emergency medical technician as defined in Section 53-2e-101; or
1078 
(ii) a paramedic as defined in Section 53-2e-101.
1079 
(4) The [department] bureau shall provide each liaison with a vehicle and other equipment[
1080 
in accordance with rules established by the department].
1081 
Section 16.  Section 53-2d-211 is amended to read:
- 32 - Enrolled Copy	S.B. 209
1082 
53-2d-211 . Community paramedicine program.
1083 
(1) A ground ambulance provider or a designated quick response provider, as designated in
1084 
accordance with Section 53-2d-403, may develop and implement a community
1085 
paramedicine program.
1086 
(2)(a) Before providing services, a community paramedicine program shall:
1087 
(i) implement training requirements as determined by the [committee] bureau; and
1088 
(ii) submit a written community paramedicine operational plan to the bureau that
1089 
meets requirements established by the [committee] bureau.
1090 
(b) A community paramedicine program shall report data, as determined by the [
1091 
committee] bureau, related to community paramedicine to the bureau.
1092 
(3) A service provided as part of a community paramedicine program may not be billed to
1093 
an individual or a health benefit plan as defined in Section 31A-1-301 unless:
1094 
(a) the service is provided in partnership with a health care facility as defined in Section
1095 
26B-2-201; and
1096 
(b) the partnering health care facility is the person that bills the individual or health
1097 
benefit plan.
1098 
(4) Nothing in this section affects any billing authorized under Section 53-2d-503.
1099 
(5) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, and
1100 
Section 53-2d-105, the [committee] bureau shall make rules to implement this section.
1101 
Section 17.  Section 53-2d-305 is amended to read:
1102 
53-2d-305 . Trauma center designations and guidelines.
1103 
(1) The bureau[, after seeking the advice of the committee,] shall establish by rule:
1104 
(a) trauma center designation requirements; and
1105 
(b) model state guidelines for triage, treatment, transportation, and transfer of trauma
1106 
patients to the most appropriate health care facility.
1107 
(2) The bureau shall designate as a trauma center each hospital that:
1108 
(a) voluntarily requests a trauma center designation; and
1109 
(b) meets the applicable requirements established pursuant to Subsection (1).
1110 
Section 18.  Section 53-2d-402 is amended to read:
1111 
53-2d-402 . Licensure of emergency medical service personnel.
1112 
(1) To promote the availability of comprehensive emergency medical services throughout
1113 
the state, the [committee] bureau shall establish:
1114 
(a) initial and ongoing licensure and training requirements for emergency medical
1115 
service personnel in the following categories:
- 33 - S.B. 209	Enrolled Copy
1116 
(i) paramedic;
1117 
(ii) advanced emergency medical services technician;
1118 
(iii) emergency medical services technician;
1119 
(iv) emergency medical responder;
1120 
(v) behavioral emergency services technician; and
1121 
(vi) advanced behavioral emergency services technician;
1122 
(b) a method to monitor the certification status and continuing medical education hours
1123 
for emergency medical dispatchers; and
1124 
(c) guidelines for giving credit for out-of-state training and experience.
1125 
(2) The bureau shall, based on the requirements established in Subsection (1):
1126 
(a) develop, conduct, and authorize training and testing for emergency medical service
1127 
personnel;
1128 
(b) issue a license and license renewals to emergency medical service personnel other
1129 
than emergency medical dispatchers; and
1130 
(c) verify the certification of emergency medical dispatchers.
1131 
(3) The bureau shall coordinate with local mental health authorities described in Section
1132 
17-43-301 to develop and authorize initial and ongoing licensure and training
1133 
requirements for licensure as a:
1134 
(a) behavioral emergency services technician; and
1135 
(b) advanced behavioral emergency services technician.
1136 
(4) As provided in Section 53-2d-602, an individual issued a license or certified under this
1137 
section may only provide emergency medical services to the extent allowed by the
1138 
license or certification.
1139 
(5) An individual may not be issued or retain a license under this section unless the
1140 
individual obtains and retains background clearance under Section 53-2d-410.
1141 
(6) An individual may not be issued or retain a certification under this section unless the
1142 
individual obtains and retains background clearance in accordance with Section
1143 
53-2d-410.5.
1144 
Section 19.  Section 53-2d-403 is amended to read:
1145 
53-2d-403 . Designation of emergency medical service providers, training centers,
1146 
and nonemergency secured behavioral health transport providers.
1147 
(1) To ensure quality emergency medical services, the [committee] bureau shall establish
1148 
designation requirements for:
1149 
(a) emergency medical service providers in the following categories:
- 34 - Enrolled Copy	S.B. 209
1150 
(i) quick response provider;
1151 
(ii) resource hospital for emergency medical providers;
1152 
(iii) emergency medical service dispatch center;
1153 
(iv) emergency patient receiving facilities; and
1154 
(v) other types of emergency medical service providers as the [committee] bureau
1155 
considers necessary; and
1156 
(b) nonemergency secured behavioral health transport providers.
1157 
(2) The bureau shall, based on the requirements in Subsection (1), issue designations to
1158 
emergency medical service providers and nonemergency secured behavioral health
1159 
transport providers listed in Subsection (1).
1160 
(3) As provided in Section 53-2d-602, an entity issued a designation under Subsection (2)
1161 
may only function and hold itself out in accordance with its designation.
1162 
(4) The bureau shall establish designation requirements for training centers that are:
1163 
(a) colleges or universities;
1164 
(b) vocational schools;
1165 
(c) technical colleges;
1166 
(d) for profit and non-profit organizations; or
1167 
(e) privately owned or operated businesses.
1168 
Section 20.  Section 53-2d-404 is amended to read:
1169 
53-2d-404 . Permits for emergency medical service vehicles and nonemergency
1170 
secured behavioral health transport vehicles.
1171 
(1)(a) To ensure that emergency medical service vehicles and nonemergency secured
1172 
behavioral health transport vehicles are adequately staffed, safe, maintained, properly
1173 
equipped, and safely operated, the [committee] bureau shall establish permit
1174 
requirements at levels it considers appropriate in the following categories:
1175 
(i) ambulance;
1176 
(ii) emergency medical response vehicle; and
1177 
(iii) nonemergency secured behavioral health transport vehicle.
1178 
(b) The permit requirements under Subsections (1)(a)(i) and (ii) shall include a
1179 
requirement that every operator of an ambulance or emergency medical response
1180 
vehicle annually provide proof of the successful completion of an emergency vehicle
1181 
operator's course approved by the bureau for all ambulances and emergency medical
1182 
response vehicle operators.
1183 
(2) The bureau shall, based on the requirements established in Subsection (1), issue permits
- 35 - S.B. 209	Enrolled Copy
1184 
to emergency medical service vehicles and nonemergency secured behavioral health
1185 
transport vehicles.
1186 
Section 21.  Section 53-2d-405 is amended to read:
1187 
53-2d-405 . Ambulance license required for emergency medical transport.
1188 
      Except as provided in Section 53-2d-408, only an ambulance operating under a permit
1189 
issued under Section 53-2d-404 may transport an individual who:
1190 
(1) is in an emergency medical condition;
1191 
(2) is medically or mentally unstable, requiring direct medical observation during transport;
1192 
(3) is physically incapacitated because of illness or injury and in need of immediate
1193 
transport by emergency medical service personnel;
1194 
(4) is likely to require medical attention during transport;
1195 
(5) is being maintained on any type of emergency medical electronic monitoring;
1196 
(6) is receiving or has recently received medications that could cause a sudden change in
1197 
medical condition that might require emergency medical services;
1198 
(7) requires IV administration or maintenance, oxygen that is not patient-operated, or other
1199 
emergency medical services during transport;
1200 
(8) needs to be immobilized during transport to a hospital, an emergency patient receiving
1201 
facility, or mental health facility due to a mental or physical condition, unless the
1202 
individual is in the custody of a peace officer and the primary purpose of the restraint is
1203 
to prevent escape;
1204 
(9) needs to be immobilized due to a fracture, possible fracture, or other medical condition;
1205 
or
1206 
(10) otherwise requires or has the potential to require a level of medical care that the [
1207 
committee] bureau establishes as requiring direct medical observation.
1208 
Section 22.  Section 53-2d-406 is amended to read:
1209 
53-2d-406 . Medical control.
1210 
(1) The [committee] bureau shall establish requirements for the coordination of emergency
1211 
medical services rendered by emergency medical service providers, including the
1212 
coordination between prehospital providers, hospitals, emergency patient receiving
1213 
facilities, and other appropriate destinations.
1214 
(2) The [committee] bureau shall establish requirements for the medical supervision of
1215 
emergency medical service providers to assure adequate physician oversight of
1216 
emergency medical services and quality improvement.
1217 
Section 23.  Section 53-2d-502 is amended to read:
- 36 - Enrolled Copy	S.B. 209
1218 
53-2d-502 . Exclusive geographic service areas.
1219 
(1)(a) Each ground ambulance provider license issued under this part shall be for an
1220 
exclusive geographic service area as described in the license.
1221 
(b) Only the licensed ground ambulance provider may respond to an ambulance request
1222 
that originates within the provider's exclusive geographic service area, except as
1223 
provided in Subsection (5) and Section 53-2d-516.
1224 
(2)(a) Each paramedic provider license issued under this part shall be for an exclusive
1225 
geographic service area as described in the license.
1226 
(b) Only the licensed paramedic provider may respond to a paramedic request that
1227 
originates within the exclusive geographic service area, except as provided in
1228 
Subsection (6) and Section 53-2d-516.
1229 
(3) Nothing in this section may be construed as either requiring or prohibiting that the
1230 
formation of boundaries in a given location be the same for a licensed paramedic
1231 
provider and a licensed ambulance provider.
1232 
(4)(a) A licensed ground ambulance or paramedic provider may, as necessary, enter into
1233 
a mutual aid agreement to allow another licensed provider to give assistance in times
1234 
of unusual demand[, as that term is defined by the committee in rule].
1235 
(b) A mutual aid agreement shall include a formal written plan detailing the type of
1236 
assistance and the circumstances under which it would be given.
1237 
(c) The parties to a mutual aid agreement shall submit a copy of the agreement to the [
1238 
department] bureau.
1239 
(d) Notwithstanding this Subsection (4), a licensed provider may not subcontract with
1240 
another entity to provide services in the licensed provider's exclusive geographic
1241 
service area.
1242 
(5) Notwithstanding Subsection (1), a licensed ground ambulance provider may respond to
1243 
an ambulance request that originates from the exclusive geographic area of another
1244 
provider:
1245 
(a) pursuant to a mutual aid agreement;
1246 
(b) to render assistance on a case-by-case basis to that provider; and
1247 
(c) as necessary to meet needs in time of disaster or other major emergency.
1248 
(6) Notwithstanding Subsection (2), a licensed paramedic provider may respond to a
1249 
paramedic request that originates from the exclusive geographic area of another provider:
1250 
(a) pursuant to a mutual aid agreement;
1251 
(b) to render assistance on a case-by-case basis to that provider; and
- 37 - S.B. 209	Enrolled Copy
1252 
(c) as necessary to meet needs in time of disaster or other major emergency.
1253 
(7) The bureau may, upon the renewal of a license, align the boundaries of an exclusive
1254 
geographic area with the boundaries of a political subdivision:
1255 
(a) if the alignment is practical and in the public interest;
1256 
(b) if each licensed provider that would be affected by the alignment agrees to the
1257 
alignment; and
1258 
(c) taking into consideration the requirements of:
1259 
(i) Section 11-48-103; and
1260 
(ii) Section 53-2d-508.
1261 
Section 24.  Section 53-2d-505.4 is amended to read:
1262 
53-2d-505.4 . Non-911 provider -- Finding of meritorious complaint -- Request
1263 
for proposals.
1264 
(1)(a) This section applies to a non-911 provider license under this chapter.
1265 
(b) The bureau shall, in accordance with Subsections (3) and (4):
1266 
(i) receive a complaint about a non-911 provider;
1267 
(ii) determine whether the complaint has merit;
1268 
(iii) issue a finding of:
1269 
(A) a meritorious complaint; or
1270 
(B) a non-meritorious complaint; and
1271 
(iv) forward a finding of a meritorious complaint to the governing body of the
1272 
political subdivision:
1273 
(A) in which the non-911 provider is licensed; or
1274 
(B) that provides the non-911 services, if different from Subsection (1)(b)(iv)(A).
1275 
(2)(a) A political subdivision that receives a finding of a meritorious complaint from the
1276 
bureau shall take corrective action that the political subdivision determines is
1277 
appropriate.
1278 
(b) A political subdivision that determines corrective action will not resolve the
1279 
complaint or is not appropriate shall:
1280 
(i) subject to Subsection (2)(c), issue a request for proposal for non-911 service in the
1281 
geographic service area; or
1282 
(ii)(A) make a finding that a request for proposal for non-911 services is
1283 
appropriate; and
1284 
(B) submit the political subdivision's findings to the bureau with a request that the
1285 
bureau issue a request for proposal in accordance with Section 53-2d-505.5.
- 38 - Enrolled Copy	S.B. 209
1286 
(c) A political subdivision that issues a request for proposal under Subsection (2)(b)(i):
1287 
(i) may not respond to the request for proposal; and
1288 
(ii) shall issue the request for proposal in accordance with Sections 53-2d-505.1
1289 
through 53-2d-505.3.
1290 
(d) If a political subdivision submits a request to the bureau described in Subsection
1291 
(2)(b)(ii), the bureau shall issue a request for proposal for non-911 services in
1292 
accordance with Section 26B-4-159.
1293 
(3) The bureau shall make a determination under Subsection (1)(b) if[:]
1294 
[(a)]   the bureau receives a written complaint from any of the following in the
1295 
geographic service area:
1296 
[(i)] (a) a hospital;
1297 
[(ii)] (b) a health care facility;
1298 
[(iii)] (c) a political subdivision; or
1299 
[(iv)] (d) an individual[; and] .
1300 
[(b) the bureau determines, in accordance with Subsection (1)(b), that the complaint has
1301 
merit.]
1302 
(4)(a) If the bureau receives a complaint under Subsection (1)(b), the [department] bureau
1303 
shall request a written response from the non-911 provider concerning the complaint.
1304 
(b) The bureau shall make a determination under Subsection (1)(b) based on:
1305 
(i) the written response from the non-911 provider; and
1306 
(ii) other information that the department or bureau may have concerning the quality
1307 
of service of the non-911 provider.
1308 
(c)(i) The bureau's determination under Subsection (1)(b) is not subject to an
1309 
adjudicative proceeding under Title 63G, Chapter 4, Administrative Procedures
1310 
Act.
1311 
(ii) The bureau shall adopt administrative rules in accordance with Title 63G, Chapter
1312 
3, Utah Administrative Rulemaking Act, to implement the provisions of
1313 
Subsection (1)(b).
1314 
Section 25.  Section 53-2d-506 is amended to read:
1315 
53-2d-506 . Ground ambulance and paramedic licenses -- Parties.
1316 
(1) When an applicant approved under Section 53-2d-504 seeks licensure under the
1317 
provisions of Sections 53-2d-506 through 53-2d-509, the bureau shall:
1318 
(a) issue a notice of agency action to the applicant to commence an informal
1319 
administrative proceeding; and
- 39 - S.B. 209	Enrolled Copy
1320 
[(b) provide notice of the application to all interested parties; and]
1321 
[(c) publish notice of the application, at the applicant's expense:]
1322 
[(i) once a week for four consecutive weeks, in a newspaper of general circulation in
1323 
the geographic service area that is the subject of the application; and]
1324 
[(ii) in accordance with Section 45-1-101 for four weeks.]
1325 
(b) provide a class A notice of the application under Section 63G-30-102.
1326 
(2) An interested party has 30 days to object to an application.
1327 
(3) If an interested party objects, the presiding officer shall join the interested party as an
1328 
indispensable party to the proceeding.
1329 
(4) The bureau may join the proceeding as a party to represent the public interest.
1330 
(5) Others who may be affected by the grant of a license to the applicant may join the
1331 
proceeding, if the presiding officer determines that they meet the requirement of legal
1332 
standing.
1333 
Section 26.  Section 53-2d-603 is amended to read:
1334 
53-2d-603 . Discipline of emergency medical services personnel.
1335 
(1) The bureau may refuse to issue a license or renewal, or revoke, suspend, restrict, or
1336 
place on probation an individual's license or endorsement if:
1337 
(a) the individual does not meet the qualifications for licensure under Section 53-2d-402;
1338 
(b) the individual has engaged in conduct[, as defined by committee rule,] that:
1339 
(i) is unprofessional;
1340 
(ii) is adverse to the public health, safety, morals, or welfare; or
1341 
(iii) would adversely affect public trust in the emergency medical service system;
1342 
(c) the individual has violated Section 53-2d-602 or other provision of this chapter;
1343 
(d) the individual has violated Section 58-1-509;
1344 
(e) a court of competent jurisdiction has determined the individual to be mentally
1345 
incompetent for any reason; or
1346 
(f) the individual is unable to provide emergency medical services with reasonable skill
1347 
and safety because of illness, drunkenness, use of drugs, narcotics, chemicals, or any
1348 
other type of material, or as a result of any other mental or physical condition, when
1349 
the individual's condition demonstrates a clear and unjustifiable threat or potential
1350 
threat to oneself, coworkers, or the public health, safety, or welfare that cannot be
1351 
reasonably mitigated.
1352 
(2)(a) An action to revoke, suspend, restrict, or place a license on probation shall be
1353 
done in:
- 40 - Enrolled Copy	S.B. 209
1354 
(i) consultation with the peer review board created in Section 53-2d-103; and
1355 
(ii) accordance with Title 63G, Chapter 4, Administrative Procedures Act.
1356 
(b) Notwithstanding Subsection (2)(a), the bureau may issue a cease and desist order
1357 
under Section 53-2d-607 to immediately suspend an individual's license pending an
1358 
administrative proceeding to be held within 30 days if there is evidence to show that
1359 
the individual poses a clear, immediate, and unjustifiable threat or potential threat to
1360 
the public health, safety, or welfare.
1361 
(3) An individual whose license has been suspended, revoked, or restricted may apply for
1362 
reinstatement of the license at reasonable intervals and upon compliance with any
1363 
conditions imposed upon the license by statute, [committee ]rule, or the terms of the
1364 
suspension, revocation, or restriction.
1365 
Section 27.  Section 53-2d-604 is amended to read:
1366 
53-2d-604 . Discipline of designated and licensed providers, and training centers.
1367 
(1) The bureau may refuse to issue a license or designation or a renewal, or revoke,
1368 
suspend, restrict, or place on probation, [an] a training center, or any emergency medical
1369 
service provider's license or designation, including the license or designation of a
1370 
non-911 service provider, if the training center or provider has:
1371 
(a) failed to abide by terms of the license or designation;
1372 
(b) violated statute or rule;
1373 
(c) failed to provide services at the level or in the exclusive geographic service area
1374 
required by the license or designation;
1375 
(d) failed to submit a renewal application in a timely fashion as required by [department] 
1376 
bureau rule;
1377 
(e) failed to follow operational standards established by the [committee] bureau; or
1378 
(f) committed an act in the performance of a professional duty that endangered the
1379 
public or constituted gross negligence.
1380 
(2)(a) An action to revoke, suspend, restrict, or place a license or designation on
1381 
probation shall be done in accordance with Title 63G, Chapter 4, Administrative
1382 
Procedures Act.
1383 
(b) Notwithstanding Subsection (2)(a), the [department] bureau may issue a cease and
1384 
desist order under Section 53-2d-607 to immediately suspend a license or designation
1385 
pending an administrative proceeding to be held within 30 days if there is evidence to
1386 
show that the provider or facility poses a clear, immediate, and unjustifiable threat or
1387 
potential threat to the public health, safety, or welfare.
- 41 - S.B. 209	Enrolled Copy
1388 
Section 28.  Section 53-2d-606.5 is enacted to read:
1389 
53-2d-606.5 . Investigative authority of the bureau -- Subpoenas -- Criminal
1390 
penalty.
1391 
(1) In connection with conducting a formal investigation or any matters pending before the
1392 
peer review board, the bureau may administer oaths and affirmations, subpoena
1393 
witnesses, take evidence, and require by subpoena duces tecum the production of
1394 
relevant papers, records, or other documents or information.
1395 
(2) A person who willfully disobeys a valid subpoena issued by the bureau is guilty of a
1396 
class B misdemeanor.
1397 
Section 29.  Section 53-2d-607 is amended to read:
1398 
53-2d-607 . Cease and desist letters -- Criminal penalty.
1399 1400 
(1) The bureau may issue a cease and desist order to any person who:
1401 
[(1)] (a) may be disciplined under Section 53-2d-603 or 53-2d-604; or
1402 
[(2)] (b) otherwise violates this chapter or any rules adopted under this chapter.
1403 
(c) An individual who willfully disobeys a valid cease and desist letter issued by the
1404 
bureau is guilty of a class B misdemeanor.
1405 
Section 30.  Section 53-10-405 is amended to read:
1406 
53-10-405 . DNA specimen analysis -- Saliva sample to be obtained by agency --
1407 
Blood sample to be drawn by professional.
1408 
(1)(a) A saliva sample shall be obtained by the responsible agency under Subsection
1409 
53-10-404(5).
1410 
(b) The sample shall be obtained in a professionally acceptable manner, using
1411 
appropriate procedures to ensure the sample is adequate for DNA analysis.
1412 
(2)(a) A blood sample shall be drawn in a medically acceptable manner by any of the
1413 
following:
1414 
(i) a physician;
1415 
(ii) a physician assistant;
1416 
(iii) a registered nurse;
1417 
(iv) a licensed practical nurse;
1418 
(v) a paramedic;
1419 
(vi) as provided in Subsection (2)(b), emergency medical service personnel other
1420 
than paramedics; or
1421 
(vii) a person with a valid permit issued by the [Department of Health and Human
1422 
Services] Department of Public Safety under Section [26B-1-202] 53-2d-103.
- 42 - Enrolled Copy	S.B. 209
1423 
(b) The [Department of Health and Human Services] Department of Public Safety may
1424 
designate by rule, in accordance with Title 63G, Chapter 3, Utah Administrative
1425 
Rulemaking Act, which emergency medical service personnel, as defined in Section
1426 
53-2d-101, are authorized to draw blood under Subsection (2)(a)(vi), based on the
1427 
type of license under Section 53-2d-402.
1428 
(c) A person authorized by this section to draw a blood sample may not be held civilly
1429 
liable for drawing a sample in a medically acceptable manner.
1430 
(3) A test result or opinion based upon a test result regarding a DNA specimen may not be
1431 
rendered inadmissible as evidence solely because of deviations from procedures adopted
1432 
by the department that do not affect the reliability of the opinion or test result.
1433 
(4) A DNA specimen is not required to be obtained if:
1434 
(a) the court or the responsible agency confirms with the department that the department
1435 
has previously received an adequate DNA specimen obtained from the person in
1436 
accordance with this section; or
1437 
(b) the court determines that obtaining a DNA specimen would create a substantial and
1438 
unreasonable risk to the health of the person.
1439 
Section 31.  Section 58-67-305 is amended to read:
1440 
58-67-305 . Exemptions from licensure.
1441 
      In addition to the exemptions from licensure in Section 58-1-307, the following
1442 
individuals may engage in the described acts or practices without being licensed under this
1443 
chapter:
1444 
(1) an individual rendering aid in an emergency, when no fee or other consideration of
1445 
value for the service is charged, received, expected, or contemplated;
1446 
(2) an individual administering a domestic or family remedy;
1447 
(3)(a)(i) a person engaged in the sale of vitamins, health foods, dietary supplements,
1448 
herbs, or other products of nature, the sale of which is not otherwise prohibited by
1449 
state or federal law; and
1450 
(ii) a person acting in good faith for religious reasons, as a matter of conscience, or
1451 
based on a personal belief, when obtaining or providing any information regarding
1452 
health care and the use of any product under Subsection (3)(a)(i); and
1453 
(b) Subsection (3)(a) does not:
1454 
(i) allow a person to diagnose any human disease, ailment, injury, infirmity,
1455 
deformity, pain, or other condition; or
1456 
(ii) prohibit providing truthful and non-misleading information regarding any of the
- 43 - S.B. 209	Enrolled Copy
1457 
products under Subsection (3)(a)(i);
1458 
(4) a person engaged in good faith in the practice of the religious tenets of any church or
1459 
religious belief, without the use of prescription drugs;
1460 
(5) an individual authorized by the [Department of Health and Human Services] Department
1461 
of Public Safety under Section [26B-1-202] 53-2d-103, to draw blood pursuant to
1462 
Subsection 41-6a-523(1)(a)(vi), 53-10-405(2)(a)(vi), 72-10-502(5)(a)(vi), or 77-23-213
1463 
(3)(a)(vi);
1464 
(6) a medical assistant:
1465 
(a) administering a vaccine under the general supervision of a physician; or
1466 
(b) under the indirect supervision of a physician, engaging in tasks appropriately
1467 
delegated by the physician in accordance with the standards and ethics of the practice
1468 
of medicine, except for:
1469 
(i) performing surgical procedures;
1470 
(ii) prescribing prescription medications;
1471 
(iii) administering anesthesia other than for a local anesthetic for minor procedural
1472 
use; or
1473 
(iv) engaging in other medical practices or procedures as defined by division rule in
1474 
collaboration with the board;
1475 
(7) an individual engaging in the practice of medicine when:
1476 
(a) the individual is licensed in good standing as a physician in another state with no
1477 
licensing action pending and no less than 10 years of professional experience;
1478 
(b) the services are rendered as a public service and for a noncommercial purpose;
1479 
(c) no fee or other consideration of value is charged, received, expected, or contemplated
1480 
for the services rendered beyond an amount necessary to cover the proportionate cost
1481 
of malpractice insurance; and
1482 
(d) the individual does not otherwise engage in unlawful or unprofessional conduct;
1483 
(8) an individual providing expert testimony in a legal proceeding; and
1484 
(9) an individual who is invited by a school, association, society, or other body approved by
1485 
the division to conduct a clinic or demonstration of the practice of medicine in which
1486 
patients are treated, if:
1487 
(a) the individual does not establish a place of business in this state;
1488 
(b) the individual does not regularly engage in the practice of medicine in this state;
1489 
(c) the individual holds a current license in good standing to practice medicine issued by
1490 
another state, district or territory of the United States, or Canada;
- 44 - Enrolled Copy	S.B. 209
1491 
(d) the primary purpose of the event is the training of others in the practice of medicine;
1492 
and
1493 
(e) neither the patient nor an insurer is billed for the services performed.
1494 
Section 32.  Section 58-68-305 is amended to read:
1495 
58-68-305 . Exemptions from licensure.
1496 
      In addition to the exemptions from licensure in Section 58-1-307, the following
1497 
individuals may engage in the described acts or practices without being licensed under this
1498 
chapter:
1499 
(1) an individual rendering aid in an emergency, when no fee or other consideration of
1500 
value for the service is charged, received, expected, or contemplated;
1501 
(2) an individual administering a domestic or family remedy;
1502 
(3)(a)(i) a person engaged in the lawful sale of vitamins, health foods, dietary
1503 
supplements, herbs, or other products of nature, the sale of which is not otherwise
1504 
prohibited by state or federal law; and
1505 
(ii) a person acting in good faith for religious reasons, as a matter of conscience, or
1506 
based on a personal belief, when obtaining or providing any information regarding
1507 
health care and the use of any product under Subsection (3)(a)(i); and
1508 
(b) Subsection (3)(a) does not:
1509 
(i) permit a person to diagnose any human disease, ailment, injury, infirmity,
1510 
deformity, pain, or other condition; or
1511 
(ii) prohibit providing truthful and non-misleading information regarding any of the
1512 
products under Subsection (3)(a)(i);
1513 
(4) a person engaged in good faith in the practice of the religious tenets of any church or
1514 
religious belief without the use of prescription drugs;
1515 
(5) an individual authorized by the [Department of Health and Human Services] Department
1516 
of Public Safety under Section [26B-1-202] 53-2d-103, to draw blood pursuant to
1517 
Subsection 41-6a-523(1)(a)(vi), 53-10-405(2)(a)(vi), 72-10-502(5)(a)(vi), or 77-23-213
1518 
(3)(a)(vi);
1519 
(6) a medical assistant:
1520 
(a) administering a vaccine under the general supervision of a physician; or
1521 
(b) under the indirect supervision of a physician, engaging in tasks appropriately
1522 
delegated by the physician in accordance with the standards and ethics of the practice
1523 
of medicine, except for:
1524 
(i) performing surgical procedures;
- 45 - S.B. 209	Enrolled Copy
1525 
(ii) prescribing prescription medications;
1526 
(iii) administering anesthesia other than a local anesthetic for minor procedural use; or
1527 
(iv) engaging in other medical practices or procedures as defined by division rule in
1528 
collaboration with the board;
1529 
(7) an individual engaging in the practice of osteopathic medicine when:
1530 
(a) the individual is licensed in good standing as an osteopathic physician in another
1531 
state with no licensing action pending and no less than 10 years of professional
1532 
experience;
1533 
(b) the services are rendered as a public service and for a noncommercial purpose;
1534 
(c) no fee or other consideration of value is charged, received, expected, or contemplated
1535 
for the services rendered beyond an amount necessary to cover the proportionate cost
1536 
of malpractice insurance; and
1537 
(d) the individual does not otherwise engage in unlawful or unprofessional conduct;
1538 
(8) an individual providing expert testimony in a legal proceeding; and
1539 
(9) an individual who is invited by a school, association, society, or other body approved by
1540 
the division in collaboration with the board to conduct a clinic or demonstration of the
1541 
practice of medicine in which patients are treated, if:
1542 
(a) the individual does not establish a place of business in this state;
1543 
(b) the individual does not regularly engage in the practice of medicine in this state;
1544 
(c) the individual holds a current license in good standing to practice medicine issued by
1545 
another state, district or territory of the United States, or Canada;
1546 
(d) the primary purpose of the event is the training of others in the practice of medicine;
1547 
and
1548 
(e) neither the patient nor an insurer is billed for the services performed.
1549 
Section 33.  Section 58-71-305 is amended to read:
1550 
58-71-305 . Exemptions from licensure.
1551 
      In addition to the exemptions from licensure in Section 58-1-307, the following
1552 
individuals may engage in the described acts or practices without being licensed under this
1553 
chapter:
1554 
(1) an individual rendering aid in an emergency, when no fee or other consideration of
1555 
value for the service is charged, received, expected, or contemplated;
1556 
(2) an individual administering a domestic or family remedy;
1557 
(3) a person engaged in the sale of vitamins, health foods, dietary supplements, herbs, or
1558 
other products of nature, the sale of which is not otherwise prohibited under state or
- 46 - Enrolled Copy	S.B. 209
1559 
federal law, but this subsection does not:
1560 
(a) allow a person to diagnose any human disease, ailment, injury, infirmity, deformity,
1561 
pain, or other condition; or
1562 
(b) prohibit providing truthful and nonmisleading information regarding any of the
1563 
products under this subsection;
1564 
(4) a person engaged in good faith in the practice of the religious tenets of any church or
1565 
religious belief, without the use of prescription drugs;
1566 
(5) a person acting in good faith for religious reasons as a matter of conscience or based on
1567 
a personal belief when obtaining or providing information regarding health care and the
1568 
use of any product under Subsection (3);
1569 
(6) an individual authorized by the [Department of Health and Human Services] Department
1570 
of Public Safety under Section [26B-1-202] 53-2d-103, to draw blood pursuant to
1571 
Subsection 41-6a-523(1)(a)(vi), 53-10-405(2)(a)(vi), 72-10-502(5)(a)(vi), or 77-23-213
1572 
(3)(a)(vi);
1573 
(7) a naturopathic medical assistant while working under the direct and immediate
1574 
supervision of a licensed naturopathic physician to the extent the medical assistant is
1575 
engaged in tasks appropriately delegated by the supervisor in accordance with the
1576 
standards and ethics of the practice of naturopathic medicine; and
1577 
(8) an individual who has completed all requirements for licensure under this chapter
1578 
except the clinical experience required under Section 58-71-302, for a period of one year
1579 
while that individual is completing that clinical experience requirement and who is
1580 
working under the provisions of a temporary license issued by the division.
1581 
Section 34.  Section 63G-4-102 is amended to read:
1582 
63G-4-102 . Scope and applicability of chapter.
1583 
(1) Except as set forth in Subsection (2), and except as otherwise provided by a statute
1584 
superseding provisions of this chapter by explicit reference to this chapter, the
1585 
provisions of this chapter apply to every agency of the state and govern:
1586 
(a) state agency action that determines the legal rights, duties, privileges, immunities, or
1587 
other legal interests of an identifiable person, including agency action to grant, deny,
1588 
revoke, suspend, modify, annul, withdraw, or amend an authority, right, or license;
1589 
and
1590 
(b) judicial review of the action.
1591 
(2) This chapter does not govern:
1592 
(a) the procedure for making agency rules, or judicial review of the procedure or rules;
- 47 - S.B. 209	Enrolled Copy
1593 
(b) the issuance of a notice of a deficiency in the payment of a tax, the decision to waive
1594 
a penalty or interest on taxes, the imposition of and penalty or interest on taxes, or the
1595 
issuance of a tax assessment, except that this chapter governs an agency action
1596 
commenced by a taxpayer or by another person authorized by law to contest the
1597 
validity or correctness of the action;
1598 
(c) state agency action relating to extradition, to the granting of a pardon or parole, a
1599 
commutation or termination of a sentence, or to the rescission, termination, or
1600 
revocation of parole or probation, to the discipline of, resolution of a grievance of,
1601 
supervision of, confinement of, or the treatment of an inmate or resident of a
1602 
correctional facility, the Utah State Hospital, the Utah State Developmental Center,
1603 
or a person in the custody or jurisdiction of the Office of Substance Use and Mental
1604 
Health, or a person on probation or parole, or judicial review of the action;
1605 
(d) state agency action to evaluate, discipline, employ, transfer, reassign, or promote a
1606 
student or teacher in a school or educational institution, or judicial review of the
1607 
action;
1608 
(e) an application for employment and internal personnel action within an agency
1609 
concerning its own employees, or judicial review of the action;
1610 
(f) the issuance of a citation or assessment under Title 34A, Chapter 6, Utah
1611 
Occupational Safety and Health Act, and Title 58, Occupations and Professions,
1612 
except that this chapter governs an agency action commenced by the employer,
1613 
licensee, or other person authorized by law to contest the validity or correctness of
1614 
the citation or assessment;
1615 
(g) state agency action relating to management of state funds, the management and
1616 
disposal of school and institutional trust land assets, and contracts for the purchase or
1617 
sale of products, real property, supplies, goods, or services by or for the state, or by
1618 
or for an agency of the state, except as provided in those contracts, or judicial review
1619 
of the action;
1620 
(h) state agency action under Title 7, Chapter 1, Part 3, Powers and Duties of
1621 
Commissioner of Financial Institutions, Title 7, Chapter 2, Possession of Depository
1622 
Institution by Commissioner, Title 7, Chapter 19, Acquisition of Failing Depository
1623 
Institutions or Holding Companies, and Chapter 7, Governmental Immunity Act of
1624 
Utah, or judicial review of the action;
1625 
(i) the initial determination of a person's eligibility for unemployment benefits, the initial
1626 
determination of a person's eligibility for benefits under Title 34A, Chapter 2,
- 48 - Enrolled Copy	S.B. 209
1627 
Workers' Compensation Act, and Title 34A, Chapter 3, Utah Occupational Disease
1628 
Act, or the initial determination of a person's unemployment tax liability;
1629 
(j) state agency action relating to the distribution or award of a monetary grant to or
1630 
between governmental units, or for research, development, or the arts, or judicial
1631 
review of the action;
1632 
(k) the issuance of a notice of violation or order under [Title 53, Chapter 2d, Emergency
1633 
Medical Services Act, ]Title 19, Chapter 2, Air Conservation Act, Title 19, Chapter
1634 
3, Radiation Control Act, Title 19, Chapter 4, Safe Drinking Water Act, Title 19,
1635 
Chapter 5, Water Quality Act, Title 19, Chapter 6, Part 1, Solid and Hazardous Waste
1636 
Act, Title 19, Chapter 6, Part 4, Underground Storage Tank Act, or Title 19, Chapter
1637 
6, Part 7, Used Oil Management Act, or Title 19, Chapter 6, Part 10, Mercury Switch
1638 
Removal Act, except that this chapter governs an agency action commenced by a
1639 
person authorized by law to contest the validity or correctness of the notice or order;
1640 
(l) state agency action, to the extent required by federal statute or regulation, to be
1641 
conducted according to federal procedures;
1642 
(m) the initial determination of a person's eligibility for government or public assistance
1643 
benefits;
1644 
(n) state agency action relating to wildlife licenses, permits, tags, and certificates of
1645 
registration;
1646 
(o) a license for use of state recreational facilities;
1647 
(p) state agency action under Chapter 2, Government Records Access and Management
1648 
Act, except as provided in Section 63G-2-603;
1649 
(q) state agency action relating to the collection of water commissioner fees and
1650 
delinquency penalties, or judicial review of the action;
1651 
(r) state agency action relating to the installation, maintenance, and repair of headgates,
1652 
caps, values, or other water controlling works and weirs, flumes, meters, or other
1653 
water measuring devices, or judicial review of the action;
1654 
(s) the issuance and enforcement of an initial order under Section 73-2-25;
1655 
(t)(i) a hearing conducted by the Division of Securities under Section 61-1-11.1; and
1656 
(ii) an action taken by the Division of Securities under a hearing conducted under
1657 
Section 61-1-11.1, including a determination regarding the fairness of an issuance
1658 
or exchange of securities described in Subsection 61-1-11.1(1);
1659 
(u) state agency action relating to water well driller licenses, water well drilling permits,
1660 
water well driller registration, or water well drilling construction standards, or
- 49 - S.B. 209	Enrolled Copy
1661 
judicial review of the action;
1662 
(v) the issuance of a determination and order under Title 34A, Chapter 5, Utah
1663 
Antidiscrimination Act;
1664 
(w) state environmental studies and related decisions by the Department of
1665 
Transportation approving state or locally funded projects, or judicial review of the
1666 
action;
1667 
(x) the suspension of operations under Subsection 32B-1-304(3);
1668 
(y) the issuance of a determination of violation by the Governor's Office of Economic
1669 
Opportunity under Section 11-41-104; or
1670 
(z) a challenge to an aspect of a distribution management plan under Section 73-33-202.
1671 
(3) This chapter does not affect a legal remedy otherwise available to:
1672 
(a) compel an agency to take action; or
1673 
(b) challenge an agency's rule.
1674 
(4) This chapter does not preclude an agency, prior to the beginning of an adjudicative
1675 
proceeding, or the presiding officer during an adjudicative proceeding from:
1676 
(a) requesting or ordering a conference with parties and interested persons to:
1677 
(i) encourage settlement;
1678 
(ii) clarify the issues;
1679 
(iii) simplify the evidence;
1680 
(iv) facilitate discovery; or
1681 
(v) expedite the proceeding; or
1682 
(b) granting a timely motion to dismiss or for summary judgment if the requirements of
1683 
Rule 12(b) or Rule 56 of the Utah Rules of Civil Procedure are met by the moving
1684 
party, except to the extent that the requirements of those rules are modified by this
1685 
chapter.
1686 
(5)(a) A declaratory proceeding authorized by Section 63G-4-503 is not governed by
1687 
this chapter, except as explicitly provided in that section.
1688 
(b) Judicial review of a declaratory proceeding authorized by Section 63G-4-503 is
1689 
governed by this chapter.
1690 
(6) This chapter does not preclude an agency from enacting a rule affecting or governing an
1691 
adjudicative proceeding or from following the rule, if the rule is enacted according to the
1692 
procedures outlined in Chapter 3, Utah Administrative Rulemaking Act, and if the rule
1693 
conforms to the requirements of this chapter.
1694 
(7)(a) If the attorney general issues a written determination that a provision of this
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1695 
chapter would result in the denial of funds or services to an agency of the state from
1696 
the federal government, the applicability of the provision to that agency shall be
1697 
suspended to the extent necessary to prevent the denial.
1698 
(b) The attorney general shall report the suspension to the Legislature at its next session.
1699 
(8) Nothing in this chapter may be interpreted to provide an independent basis for
1700 
jurisdiction to review final agency action.
1701 
(9) Nothing in this chapter may be interpreted to restrict a presiding officer, for good cause
1702 
shown, from lengthening or shortening a time period prescribed in this chapter, except
1703 
the time period established for judicial review.
1704 
(10) Notwithstanding any other provision of this section, this chapter does not apply to a
1705 
special adjudicative proceeding, as defined in Section 19-1-301.5, except to the extent
1706 
expressly provided in Section 19-1-301.5.
1707 
(11) Subsection (2)(w), regarding action taken based on state environmental studies and
1708 
policies of the Department of Transportation, applies to any claim for which a court of
1709 
competent jurisdiction has not issued a final unappealable judgment or order before May
1710 
14, 2019.
1711 
Section 35.  Section 72-10-502 is amended to read:
1712 
72-10-502 . Implied consent to chemical tests for alcohol or drugs -- Number of
1713 
tests -- Refusal -- Person incapable of refusal -- Results of test available -- Who may give
1714 
test -- Evidence -- Immunity from liability.
1715 
(1)(a) A person operating an aircraft in this state consents to a chemical test or tests of
1716 
the person's breath, blood, urine, or oral fluids:
1717 
(i) for the purpose of determining whether the person was operating or in actual
1718 
physical control of an aircraft while having a blood or breath alcohol content
1719 
statutorily prohibited under Section 72-10-501, or while under the influence of
1720 
alcohol, any drug, or combination of alcohol and any drug under Section
1721 
72-10-501, if the test is or tests are administered at the direction of a peace officer
1722 
having grounds to believe that person to have been operating or in actual physical
1723 
control of an aircraft in violation of Section 72-10-501; or
1724 
(ii) if the person operating the aircraft is involved in an accident that results in death,
1725 
serious injury, or substantial aircraft damage.
1726 
(b)(i) The peace officer determines which of the tests are administered and how many
1727 
of them are administered.
1728 
(ii) The peace officer may order any or all tests of the person's breath, blood, urine, or
- 51 - S.B. 209	Enrolled Copy
1729 
oral fluids.
1730 
(iii) If an officer requests more than one test, refusal by a person to take one or more
1731 
requested tests, even though the person does submit to any other requested test or
1732 
tests, is a refusal under this section.
1733 
(c)(i) A person who has been requested under this section to submit to a chemical test
1734 
or tests of the person's breath, blood, urine, or oral fluids may not select the test or
1735 
tests to be administered.
1736 
(ii) The failure or inability of a peace officer to arrange for any specific chemical test
1737 
is not a defense to taking a test requested by a peace officer, and it is not a defense
1738 
in any criminal, civil, or administrative proceeding resulting from a person's
1739 
refusal to submit to the requested test or tests.
1740 
(2)(a) If the person has been placed under arrest and has then been requested by a peace
1741 
officer to submit to any one or more of the chemical tests provided in Subsection (1)
1742 
and refuses to submit to any chemical test, the person shall be warned by the peace
1743 
officer requesting the test that a refusal to submit to the test is admissible in civil or
1744 
criminal proceedings as provided under Subsection (8).
1745 
(b) Following this warning, unless the person immediately requests that the chemical
1746 
test offered by a peace officer be administered, a test may not be given.
1747 
(3) A person who is dead, unconscious, or in any other condition rendering the person
1748 
incapable of refusal to submit to any chemical test or tests is considered to not have
1749 
withdrawn the consent provided for in Subsection (1), and the test or tests may be
1750 
administered whether the person has been arrested or not.
1751 
(4) Upon the request of the person who was tested, the results of the test or tests shall be
1752 
made available to that person.
1753 
(5)(a) Only the following, acting at the request of a peace officer, may draw blood to
1754 
determine its alcohol or drug content:
1755 
(i) a physician;
1756 
(ii) a registered nurse;
1757 
(iii) a licensed practical nurse;
1758 
(iv) a paramedic;
1759 
(v) as provided in Subsection (5)(b), emergency medical service personnel other than
1760 
paramedics; or
1761 
(vi) a person with a valid permit issued by the [Department of Health and Human
1762 
Services] Department of Public Safety under Section [26B-1-202] 53-2d-103.
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1763 
(b) The [Department of Health and Human Services] Department of Public Safety may
1764 
designate by rule, in accordance with Title 63G, Chapter 3, Utah Administrative
1765 
Rulemaking Act, which emergency medical service personnel, as defined in Section
1766 
53-2d-101, are authorized to draw blood under Subsection (5)(a)(v), based on the
1767 
type of license under Section 53-2d-402.
1768 
(c) Subsection (5)(a) does not apply to taking a urine, breath, or oral fluid specimen.
1769 
(d) The following are immune from civil or criminal liability arising from drawing a
1770 
blood sample from a person who a peace officer has reason to believe is flying in
1771 
violation of this chapter if the sample is drawn in accordance with standard medical
1772 
practice:
1773 
(i) a person authorized to draw blood under Subsection (5)(a); and
1774 
(ii) if the blood is drawn at a hospital or other medical facility, the medical facility.
1775 
(6)(a) The person to be tested may, at the person's own expense, have a physician of the
1776 
person's own choice administer a chemical test in addition to the test or tests
1777 
administered at the direction of a peace officer.
1778 
(b) The failure or inability to obtain the additional test does not affect admissibility of
1779 
the results of the test or tests taken at the direction of a peace officer, or preclude or
1780 
delay the test or tests to be taken at the direction of a peace officer.
1781 
(c) The additional test shall be subsequent to the test or tests administered at the
1782 
direction of a peace officer.
1783 
(7) For the purpose of determining whether to submit to a chemical test or tests, the person
1784 
to be tested does not have the right to consult an attorney or have an attorney, physician,
1785 
or other person present as a condition for the taking of any test.
1786 
(8) If a person under arrest refuses to submit to a chemical test or tests or any additional test
1787 
under this section, evidence of any refusal is admissible in any civil or criminal action or
1788 
proceeding arising out of acts alleged to have been committed while the person was
1789 
operating or in actual physical control of an aircraft while under the influence of alcohol,
1790 
any drug, or combination of alcohol and any drug.
1791 
(9) The results of any test taken under this section or the refusal to be tested shall be
1792 
reported to the Federal Aviation Administration by the peace officer requesting the test.
1793 
(10) Notwithstanding the provisions of this section, a blood test taken under this section is
1794 
subject to Section 77-23-213.
1795 
Section 36.  Section 77-23-213 is amended to read:
1796 
77-23-213 . Blood testing.
- 53 - S.B. 209	Enrolled Copy
1797 
(1) As used in this section:
1798 
(a) "Law enforcement purpose" means duties that consist primarily of the prevention and
1799 
detection of crime and the enforcement of criminal statutes or ordinances of this state
1800 
or any of this state's political subdivisions.
1801 
(b) "Peace officer" means those persons specified in Title 53, Chapter 13, Peace Officer
1802 
Classifications.
1803 
(2) A peace officer may require an individual to submit to a blood test for a law
1804 
enforcement purpose only if:
1805 
(a) the individual or legal representative of the individual with authority to give consent
1806 
gives oral or written consent to the blood test;
1807 
(b) the peace officer obtains a warrant to administer the blood test; or
1808 
(c) a judicially recognized exception to obtaining a warrant exists as established by the
1809 
Utah Court of Appeals, Utah Supreme Court, Court of Appeals of the Tenth Circuit,
1810 
or the Supreme Court of the United States.
1811 
(3)(a) Only the following, acting at the request of a peace officer, may draw blood to
1812 
determine the blood's alcohol or drug content:
1813 
(i) a physician;
1814 
(ii) a physician assistant;
1815 
(iii) a registered nurse;
1816 
(iv) a licensed practical nurse;
1817 
(v) a paramedic;
1818 
(vi) as provided in Subsection (3)(b), emergency medical service personnel other
1819 
than a paramedic; or
1820 
(vii) a person with a valid permit issued by the [Department of Health and Human
1821 
Services] Department of Public Safety under Section [26B-1-202] 53-2d-103.
1822 
(b) The [Department of Health and Human Services] Department of Public Safety may
1823 
designate by rule, in accordance with Title 63G, Chapter 3, Utah Administrative
1824 
Rulemaking Act, which emergency medical service personnel, as defined in Section
1825 
53-2d-101, are authorized to draw blood under Subsection (3)(a)(vi), based on the
1826 
type of license under Section 53-2d-402.
1827 
(c) The following are immune from civil or criminal liability arising from drawing a
1828 
blood sample from a person who a peace officer requests, for law enforcement
1829 
purposes, if the sample is drawn in accordance with standard medical practice:
1830 
(i) a person authorized to draw blood under Subsection (3)(a); and
- 54 - Enrolled Copy	S.B. 209
1831 
(ii) if the blood is drawn at a hospital or other medical facility, the medical facility.
1832 
Section 37.  Repealer.
1833 
This bill repeals:
1834 
Section 26B-1-235, Request for proposal required for non-state supplied services.
1835 
Section 53-2d-106, Waiver of rules, education, and licensing requirements.
1836 
Section 38.  Effective Date.
1837 
This bill takes effect on May 7, 2025.
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