HB 183

03-03 09:58  2nd Sub. (Gray) H.B. 183
  Nelson T. Abbott proposes the following substitute bill:
 1  Sex Designation Amendments
  2026 GENERAL SESSION
  STATE OF UTAH
  Chief Sponsor: Mark A. Strong
  Senate Sponsor: Heidi Balderree
 2
 3     LONG TITLE
 4     General Description:
 5  This bill amends provisions related to sex and gender.
 6     Highlighted Provisions:
 7  This bill:
 8  ▸ replaces the term gender with sex; and
 9  ▸ requires agencies when making administrative rules, policies, and programs to refer to
10     biological sex using the term sex instead of gender.
11     Money Appropriated in this Bill:
12  None
13     Other Special Clauses:
14  None
15     Utah Code Sections Affected:
16     AMENDS:
17  9-20-201 (Effective 05/06/26) (Repealed 07/01/27), as last amended by Laws of Utah
  2nd Sub. H.B. 183
18  2025, Chapter 57
19  10-3-913 (Effective 05/06/26), as last amended by Laws of Utah 2022, Chapter 335
20  10-3-918 (Effective 05/06/26), as last amended by Laws of Utah 2019, Chapter 472
21  11-46-204 (Effective 05/06/26), as renumbered and amended by Laws of Utah 2011,
22  Chapter 130
23  13-47-103 (Effective 05/06/26), as enacted by Laws of Utah 2010, Chapter 403
24  15A-3-112 (Effective 05/06/26), as last amended by Laws of Utah 2023, Chapter 209
25  17-72-301 (Effective 05/06/26), as renumbered and amended by Laws of Utah 2025,
26  First Special Session, Chapter 13
27  17-72-408 (Effective 05/06/26), as renumbered and amended by Laws of Utah 2025,
28  First Special Session, Chapter 13
29  17-72-503 (Effective 05/06/26), as renumbered and amended by Laws of Utah 2025,
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30        First Special Session, Chapter 13
31        26B-1-426 (Effective 05/06/26), as last amended by Laws of Utah 2025, Chapter 57
32        26B-1-507 (Effective 05/06/26), as last amended by Laws of Utah 2024, Chapter 288
33        26B-2-109 (Effective 05/06/26), as renumbered and amended by Laws of Utah 2023,
34        Chapter 305
35        26B-2-119 (Effective 05/06/26), as renumbered and amended by Laws of Utah 2023,
36        Chapter 305
37        26B-2-128 (Effective 05/06/26), as last amended by Laws of Utah 2025, Chapter 48
38        26B-3-303 (Effective 05/06/26) (Repealed 07/01/27), as last amended by Laws of Utah
39        2024, Chapter 507
40        26B-4-213 (Effective 05/06/26), as last amended by Laws of Utah 2025, Chapter 392
41        26B-4-214 (Effective 05/06/26), as last amended by Laws of Utah 2025, Chapter 392
42        26B-5-211 (Effective 05/06/26), as last amended by Laws of Utah 2025, Chapter 167
43        26B-5-301 (Effective 05/06/26), as last amended by Laws of Utah 2025, First Special
44        Session, Chapter 16
45        29-2-103 (Effective 05/06/26), as enacted by Laws of Utah 1995, Chapter 231
46        31A-22-405 (Effective 05/06/26), as last amended by Laws of Utah 2002, Chapter 308
47        31A-22-2004 (Effective 05/06/26), as enacted by Laws of Utah 2020, Chapter 32
48        31A-30-106 (Effective 05/06/26), as last amended by Laws of Utah 2017, Chapter 168
49        31A-30-106.1 (Effective 05/06/26), as last amended by Laws of Utah 2020, Chapter 354
50        32B-1-407 (Effective 05/06/26), as last amended by Laws of Utah 2025, Chapter 471
51        34A-5-114 (Effective 05/06/26), as last amended by Laws of Utah 2025, Chapters 173,
52        425
53        35A-1-207 (Effective 05/06/26), as last amended by Laws of Utah 2016, Chapter 296
54        42-2-5 (Effective 05/06/26), as last amended by Laws of Utah 2015, Chapter 341
55        53-1-108 (Effective 05/06/26), as last amended by Laws of Utah 2024, Chapter 21
56        53-8-104 (Effective 05/06/26), as last amended by Laws of Utah 2002, Chapter 219
57        53-10-406 (Effective 05/06/26), as last amended by Laws of Utah 2025, Chapter 319
58        53F-4-207 (Effective 05/06/26), as last amended by Laws of Utah 2024, Chapter 23
59        53G-5-301 (Effective 05/06/26), as last amended by Laws of Utah 2024, Chapter 63
60        53G-6-902 (Effective 05/06/26), as enacted by Laws of Utah 2022, Chapter 478
61        53G-6-1001 (Effective 05/06/26), as last amended by Laws of Utah 2025, Chapter 408
62        53G-6-1003 (Effective 05/06/26), as last amended by Laws of Utah 2025, Chapter 408
63        53G-6-1004 (Effective 05/06/26), as last amended by Laws of Utah 2025, Chapters 277,
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64        408
65        53G-6-1101 (Effective 05/06/26), as last amended by Laws of Utah 2024, Chapter 2
66        53G-8-301 (Effective 05/06/26), as repealed and reenacted by Laws of Utah 2025,
67        Chapter 327
68        57-3-107 (Effective 05/06/26), as last amended by Laws of Utah 1999, Chapter 163
69        57-21-2 (Effective 05/06/26), as last amended by Laws of Utah 2015, Chapter 13
70        58-37f-301 (Effective 05/06/26), as last amended by Laws of Utah 2025, Chapter 214
71        58-67-102 (Effective 05/06/26), as last amended by Laws of Utah 2025, Chapter 491
72        58-68-102 (Effective 05/06/26), as last amended by Laws of Utah 2025, Chapter 491
73        63G-2-301 (Effective 05/06/26), as last amended by Laws of Utah 2025, First Special
74        Session, Chapter 9
75        63G-12-302 (Effective 05/06/26), as renumbered and amended by Laws of Utah 2011,
76        Chapter 18
77        63G-12-401 (Effective 05/06/26), as last amended by Laws of Utah 2011, Chapter 20
78        and renumbered and amended by Laws of Utah 2011, Chapter 18
79        63G-12-402 (Effective 05/06/26), as last amended by Laws of Utah 2025, First Special
80        Session, Chapter 9
81        63G-31-101 (Effective 05/06/26), as last amended by Laws of Utah 2025, Chapter 11
82        63G-31-201 (Effective 05/06/26), as last amended by Laws of Utah 2025, Chapter 11
83        63N-2-104.2 (Effective 05/06/26), as last amended by Laws of Utah 2024, Chapters 159,
84        316
85        63N-4-803 (Effective 05/06/26), as renumbered and amended by Laws of Utah 2022,
86        Chapter 362
87        67-1-2.5 (Effective 05/06/26), as last amended by Laws of Utah 2024, Chapter 533
88        67-1-11 (Effective 05/06/26), as enacted by Laws of Utah 1992, Chapter 302
89        76-5d-101 (Effective 05/06/26), as renumbered and amended by Laws of Utah 2025,
90        Chapters 173, 174
91        77-7-17.5 (Effective 05/06/26), as enacted by Laws of Utah 2019, Chapter 462
92        78A-2-110 (Effective 05/06/26), as last amended by Laws of Utah 2023, Chapter 394
93        78B-6-2401 (Effective 05/06/26), as renumbered and amended by Laws of Utah 2023,
94        Chapter 80
95        79-2-203 (Effective 05/06/26), as renumbered and amended by Laws of Utah 2009,
96        Chapter 344
97        81-9-204 (Effective 05/06/26), as last amended by Laws of Utah 2025, Chapter 426
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 98  81-9-402 (Effective 05/06/26), as last amended by Laws of Utah 2025, Chapter 426
 99  81-12-105 (Effective 05/06/26), as renumbered and amended by Laws of Utah 2025,
100  Chapter 426
101  81-12-106 (Effective 05/06/26), as renumbered and amended by Laws of Utah 2025,
102  Chapter 426
103  81-13-203 (Effective 05/06/26), as renumbered and amended by Laws of Utah 2025,
104  Chapter 426
105     ENACTS:
106  63G-3-306 (Effective 05/06/26), Utah Code Annotated 1953
107  63G-34-101 (Effective 05/06/26), Utah Code Annotated 1953
108     REPEALS:
109  26B-1-239 (Effective 05/06/26), as last amended by Laws of Utah 2024, Chapter 507
110
111     Be it enacted by the Legislature of the state of Utah:
112  Section 1. Section 9-20-201 is amended to read:
113  9-20-201 (Effective 05/06/26) (Repealed 07/01/27). Creation -- Members --
114     Appointment -- Terms -- Vacancies -- Per diem and expenses.
115     (1) There is created the Utah Commission on Service and Volunteerism consisting of 19
116  voting members and one nonvoting member.
117     (2) The 19 voting members of the commission are:
118  (a) the lieutenant governor;
119  (b) the commissioner of higher education or the commissioner's designee;
120  (c) the state superintendent of public instruction or the superintendent's designee;
121  (d) the executive director of the Department of Cultural and Community Engagement or
122  the executive director's designee;
123  (e) nine members appointed by the governor as follows:
124  (i) an individual with expertise in the educational, training, and developmental needs
125  of youth, particularly disadvantaged youth;
126  (ii) an individual with experience in promoting the involvement of older adults in
127  volunteer service;
128  (iii) a representative of a community-based agency or organization within the state;
129  (iv) a representative of local government;
130  (v) a representative of a local labor organization in the state;
131  (vi) a representative of business;
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132  (vii) an individual between the ages of 16 and 25 years old who participates in a
133  volunteer or service program;
134  (viii) a representative of a national service program; and
135  (ix) a representative of the volunteer sector; and
136  (f) six members appointed by the governor from among the following groups:
137  (i) local educators;
138  (ii) experts in the delivery of human, educational, cultural, environmental, or public
139  safety services to communities and individuals;
140  (iii) representatives of Native American tribes;
141  (iv) representatives of organizations that assist out-of-school youth or other at-risk
142  youth; or
143  (v) representatives of entities that receive assistance under the Domestic Volunteer
144  Service Act of 1973, 42 U.S.C. 4950 et seq.
145     (3) The nonvoting member of the commission is the regional representative of the
146  corporation.
147     (4)(a) In appointing persons to serve on the commission, the governor shall ensure that
148  no more than five voting members of the commission are state government
149  employees.
150  (b) In appointing persons to serve on the commission, the governor shall strive for
151  balance on the commission according to race, ethnicity, age, [gender] sex, disability
152  characteristics, and geography.
153     (5)(a) Except as required by Subsection (5)(b), as terms of current commission members
154  expire, the governor shall appoint each new member or reappointed member to a
155  three-year term.
156  (b) Notwithstanding the requirements of Subsection (5)(a), the governor shall, at the
157  time of appointment or reappointment, adjust the length of terms to ensure that the
158  terms of commission members are staggered so that approximately one-third of the
159  commission is appointed every year.
160     (6) When a vacancy occurs in the membership, the replacement shall be appointed for the
161  unexpired term.
162     (7) A member appointed by the governor may not serve more than two consecutive terms.
163     (8) A member may not receive compensation or benefits for the member's service, but may
164  receive per diem and travel expenses in accordance with:
165  (a) Section 63A-3-106;
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166  (b) Section 63A-3-107; and
167  (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
168  63A-3-107.
169  Section 2. Section 10-3-913 is amended to read:
170  10-3-913 (Effective 05/06/26). Authority of chief of police -- Oversight.
171     (1) The chief of police has the same authority as the sheriff within the boundaries of the
172  municipality of appointment. The chief has authority to:
173  (a) suppress riots, disturbances, and breaches of the peace;
174  (b) apprehend all persons violating state laws or city ordinances;
175  (c) diligently discharge his duties and enforce all ordinances of the city to preserve the
176  peace, good order, and protection of the rights and property of all persons;
177  (d) attend the municipal justice court located within the city when required, provide
178  security for the court, and obey its orders and directions; and
179  (e) select a representative of law enforcement to serve as a member of a child protection
180  team, as defined in Section 80-1-102.
181     (2) This section is not a limitation of a police chief's statewide authority as otherwise
182  provided by law.
183     (3) The chief of police shall adopt a written policy that prohibits the stopping, detention, or
184  search of any person when the action is solely motivated by considerations of race,
185  color, ethnicity, age, or [gender] sex.
186     (4)(a) Notwithstanding Sections 10-3-918 and 10-3-919, a municipality may not
187  establish a board, committee, or other entity that:
188  (i) has authority independent of the chief of police; and
189  (ii)(A) has authority to overrule a hiring or appointment proposal of the chief of
190  police;
191  (B) is required to review or approve a police department's rules, regulations,
192  policies, or procedures in order for the rules, regulations, policies, or
193  procedures to take effect;
194  (C) has authority to veto a new policy, or strike down an existing policy,
195  established under the authority of the chief of police;
196  (D) is required to review or approve a police department's budget in order for the
197  budget to take effect; or
198  (E) has authority to review or approve a contract the police department makes
199  with a police union or other organization.
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200  (b) Nothing in this Subsection (4):
201  (i) limits the authority the Utah Code provides over the chief of police;
202  (ii) prohibits the municipal council or chief executive officer from taking a lawful
203  action described in Subsection (4)(a)(ii) that is allowed by law; or
204  (iii) limits the authority of a civil service commission established in accordance with
205  Title 10, Chapter 3, Part 10, Civil Service Commission.
206     (5) Subject to Subsection (4), a municipality may establish a board, committee, or other
207  entity that relates to the provision of law enforcement services and that has authority
208  independent of the chief of police if the municipality:
209  (a) directly appoints the board, committee, or other entity's members; and
210  (b) provides direct oversight of the board, committee, or other entity.
211  Section 3. Section 10-3-918 is amended to read:
212  10-3-918 (Effective 05/06/26). Chief of police or marshal in a city of the third,
213     fourth, or fifth class or town.
214  Subject to Subsection 10-3-913(4), the chief of police or marshal in each city of the
215     third, fourth, or fifth class or town:
216     (1) shall:
217  (a) exercise and perform the duties that are prescribed by the legislative body;
218  (b) be under the direction, control, and supervision of the person or body that appointed
219  the chief or marshal; and
220  (c) adopt a written policy that prohibits the stopping, detention, or search of any person
221  when the action is solely motivated by considerations of race, color, ethnicity, age, or [
222  gender] sex; and
223     (2) may, with the consent of the person or body that appointed the chief or marshal, appoint
224  assistants to the chief of police or marshal.
225  Section 4. Section 11-46-204 is amended to read:
226  11-46-204 (Effective 05/06/26). Sterilization deposit.
227     (1) A sterilization deposit may be:
228  (a) a portion of the adoption fee or purchase price of the animal, which will enable the
229  adopter to take the animal for sterilization to a veterinarian with whom the animal
230  shelter has an agreement that the veterinarian will bill the animal shelter directly for
231  the sterilization;
232  (b) a deposit that is:
233  (i) refundable to the recipient if proof of sterilization of the animal within the
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234  appropriate time limits under Section 11-46-203 is presented to the animal shelter
235  not more than three months after the date the animal is sterilized; and
236  (ii) forfeited to the animal shelter if proof of sterilization is not presented to the
237  animal shelter in compliance with Subsection (1)(b)(i); or
238  (c) a deposit under Section 11-46-206 required for an owner to claim an unsterilized
239  animal impounded at the animal shelter.
240     (2) Sterilization deposits under Subsection (1) shall reflect the average reduced cost of a
241  sterilization of an animal, based on the [gender] sex and weight of the animal, that is
242  reasonably available in the area where the animal shelter is located, but the deposit may
243  not be less than $25.
244     (3) If a female animal and her litter are transferred to one person, a sterilization deposit is
245  required only for the female animal.
246     (4) All sterilization deposits forfeited or unclaimed under this section shall be retained by
247  the animal shelter and used by the animal shelter only for:
248  (a) a program to sterilize animals, which may include a sliding scale fee program;
249  (b) a public education program to reduce and prevent overpopulation of animals and the
250  related costs to local governments;
251  (c) a follow-up program to assure that animals transferred by the animal shelter are
252  sterilized in accordance with the agreement executed under Section 11-46-203; and
253  (d) any additional costs incurred by the animal shelter in the administration of the
254  requirements of this chapter.
255  Section 5. Section 13-47-103 is amended to read:
256  13-47-103 (Effective 05/06/26). Scope of chapter.
257        A private employer shall comply with this chapter, and this chapter shall be enforced
258     without regard to race, color, national origin, [gender] sex, religion, age, disability, familial
259     status, or source of income.
260  Section 6. Section 15A-3-112 is amended to read:
261  15A-3-112 (Effective 05/06/26). Amendments to Chapters 29 through 31 of IBC.
262     (1) In IBC [P] Table 2902.1 the following changes are made:
263  (a) In the row for "E" occupancy in the field for "OTHER" a new footnote i is added.
264  (b) In the row for "I-4" occupancy in the field for "OTHER" a new footnote i is added.
265  (c) A new footnote g is added as follows: "FOOTNOTE: g. When provided, subject to
266  footnote i, in public toilet facilities there shall be an equal number of diaper
267  changing facilities in male toilet rooms and female toilet rooms."
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268  (d) A new footnote h is added to the table as follows: "FOOTNOTE h: Non-residential
269  child care facilities shall comply with additional sink requirements of Utah
270  Administrative Code, R381-60-9, Hourly Child Care Centers, R381-70-9, Out of
271  School Time Child Care Programs, and R381-100-9, Child Care Centers."
272     (e) A new footnote i is added to the table as follows: "FOOTNOTE i: A building owned by a
273  state government entity or by a political subdivision of the state that allows access to the public
274  shall provide diaper changing facilities in accordance with footnote g if:
275  1. the building is newly constructed; or
276  2. a bathroom in the building is renovated."
277  (f) Footnote f is deleted and replaced with the following: "FOOTNOTE f: The required
278  number and type of plumbing fixtures for outdoor public swimming pools shall be in
279  accordance with Utah Administrative Code, R392-302, Design, Construction and
280  Operation of Public Pools."
281     (2) In IBC, Section [P] 2902.1.1, Exception 2 is deleted and replaced with the following:
282  "2. Where multiple-user facilities are designed to serve all [genders ] sexes the
283  following shall apply:
284  2.1 The maximum fixture count to serve all [genders ] sexes shall be calculated at 50
285  percent of the total occupant load. The maximum fixture count for the multiple-user all [gender]
286  sex facility shall be calculated at 50 percent female and 50 percent male.
287  2.2 The remaining 50 percent of the required restroom fixtures shall be provided as
288  required by Table 2902.1 in separate toilet facilities."
289     (3) In IBC, Section [P] 2902.2, Exception 6 is deleted and replaced with the following:
290  "6. Separate facilities shall not be required as prescribed in Section 2902.1.1 Exception
291  2. Rooms having both water closets and lavatory fixtures designed for use by all [genders]
292  sexes and privacy for water closets shall be installed in accordance with Section 405.3.4 of the
293  International Plumbing Code and Section 2903.1.4 of this code. Urinals in multiple-user all [
294  gender] sex toilet facilities shall be located in an area visually separated from the remainder of
295  the facility or each urinal that is provided shall be located in a stall and installed in accordance
296  with Section 405.3.5 of the International Plumbing Code and Section 2903.1.5 of this code."
297     (4) A new IBC, Section [P]2902.8, is added as follows:
298  "[P]2902.8 Toilet Facilities for Workers.
299  Toilet facilities shall be provided for construction workers and such facilities shall be
300  maintained in a sanitary condition. Construction worker toilet facilities of the nonsewer type
301  shall conform to ANSI Z4.3-2016."
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302     (5) In IBC, Section [P] 2903.1.4, the following sentence is added after the first sentence:
303  "For restroom facilities designed to serve all [genders] sexes, the partitions of the stalls
304  shall extend from the floor to the ceiling."
305     (6) In IBC, Section [P] 2903.1.5, the following sentence is added at the end of the
306  paragraph: "For facilities designed for use by all [genders ] sexes in the same room,
307  urinals shall be located in a separate room or in stalls with partitions that extend from the
308  floor to the ceiling."
309     (7) IBC, Section 3001.2, is deleted.
310     (8) In IBC, Section 3005.5, a new exception is added as follows: "Exception: Hydraulic
311  elevators and roped hydraulic elevators with a rise of 50 feet or less."
312     (9) In IBC, Section 3109.1, the words "the International Swimming Pool and Spa Code" at
313  the end of the section are deleted and replaced with the words "Utah Administrative
314  Code, R392-302, Design, Construction and Operation of Public Pools."
315  Section 7. Section 17-72-301 is amended to read:
316  17-72-301 (Effective 05/06/26). General duties.
317     (1) The sheriff shall:
318  (a) preserve the peace;
319  (b) make all lawful arrests;
320  (c)(i) attend in person or by deputy:
321  (A) the Supreme Court and the Court of Appeals when required; or
322  (B) when the court is held within the sheriff's county, all courts of record, and
323  court commissioner and referee sessions held within the sheriff's county;
324  (ii) obey a court's lawful orders and directions; and
325  (iii) comply with the court security rule, Rule 3-414, of the Utah Code of Judicial
326  Administration;
327  (d) upon request of the juvenile court, aid the court in maintaining order during hearings
328  and transport a minor to and from youth corrections facilities, other institutions, or
329  other designated places;
330  (e) attend county justice courts if the judge finds that the matter before the court requires
331  the sheriff's attendance for security, transportation, and escort of prisoners in the
332  sheriff's custody, or for the custody of jurors;
333  (f) command the aid of as many inhabitants of the sheriff's county as the sheriff
334  considers necessary in the execution of duties described in this section;
335  (g) take charge of and keep the county jail and prisoners in the county jail as described
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336  in Part 4, County Jails, and Part 5, Responsibility for Prisoners;
337        (h)(i) receive and safely keep all prisoners committed to the sheriff's custody;
338  (ii) file and preserve the commitments of prisoners; and
339  (iii) record the name, age, place of birth, and description of each prisoner;
340        (i) release on the record all attachments of real property when the attachment the sheriff
341  receives has been released or discharged;
342        (j) endorse on all process and notices the year, month, day, hour, and minute of
343  reception, and, upon payment of fees, issue a certificate to the individual delivering
344  process or notice showing the names of the parties, title of paper, and the time of
345  receipt;
346        (k) serve all process and notices as prescribed by Part 7, Process Service and Duty to the
347  Court, or any other provision of law;
348        (l)(i) if the sheriff makes service of process or notice, certify on the process or notices
349  the manner, time, and place of service; or
350  (ii) if the sheriff fails to make service, certify the reason upon the process or notice,
351  and return them without delay;
352        (m) extinguish fires occurring in the undergrowth, trees, or wooded areas on the public
353  land within the sheriff's county;
354        (n) perform as required by any contracts between the county and private contractors for
355  management, maintenance, operation, and construction of county jails entered into
356  under the authority of Section 17-65-405;
357        (o) manage and direct search and rescue services in the sheriff's county, including
358  emergency medical responders and other related incident response activities;
359        (p) obtain saliva DNA specimens as required under Section 53-10-404;
360        (q) on or before January 1, 2003, adopt a written policy that prohibits the stopping,
361  detention, or search of any person when the action is solely motivated by
362  considerations of race, color, ethnicity, age, or Ĥ→ [[]gender[]sex] ←Ĥ ;
363        (r) as applicable, select a representative of law enforcement to serve as a member of a
364  child protection team, as defined in Section 80-1-102;
365        (s) appoint a county security chief in accordance with Section 53-22-103 and ensure the
366  county security chief fulfills the county security chief's duties;
367        (t) ensure that a prisoner who is awaiting trial, sentencing, or disposition of criminal
368  charges has:
369  (i) a private and confidential space to review discovery and other evidence or
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370  documents related to the prisoner's criminal case with the prisoner's counsel; and
371  (ii) the means to access and review discovery and other evidence or documents
372  related to the prisoner's criminal case, with or without the prisoner's counsel,
373  including the means to access and review digital, audio, video, or other
374  technological evidence or documents; and
375  (u) perform any other duties that are required by law.
376     (2)(a) Violation of Subsection (1)(j) is a class C misdemeanor.
377  (b) Violation of any other subsection under Subsection (1) is a class A misdemeanor.
378     (3)(a) A prisoner may access or review discovery, evidence, or other documents under
379  Subsection (1)(t) with:
380  (i) technology provided by the jail; or
381  (ii) technology, including a computer, that is approved by the jail and is provided by
382  the prisoner's counsel.
383  (b) If a prisoner's counsel leaves discovery, evidence, or other documents with the
384  prisoner at the jail, the prisoner's counsel shall ensure that the discovery, evidence, or
385  other documents does not include:
386  (i) any visual depiction of an individual who is younger than 18 years old;
387  (ii) any personal identifying information of an individual other than the prisoner;
388  (iii) any financial information of a person other than the prisoner;
389  (iv) any child sexual abuse material as defined in Section 76-5b-103;
390  (v) any intimate image as defined in Section 76-5b-203; or
391  (vi) any visual depiction or information for which possession is prohibited, by policy,
392  at the jail.
393  Section 8. Section 17-72-408 is amended to read:
394  17-72-408 (Effective 05/06/26). County jail reporting requirements.
395     (1) Each county jail shall submit a report to the commission before June 15 of each year
396  that includes, for the preceding calendar year:
397  (a) the average daily prisoner population each month;
398  (b) the number of prisoners in the county jail on the last day of each month who identify
399  as each race or ethnicity included in the Standards for Transmitting Race and
400  Ethnicity published by the United States Federal Bureau of Investigation;
401  (c) the number of prisoners booked into the county jail;
402  (d) the number of prisoners held in the county jail each month on behalf of each of the
403  following entities:
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404  (i) the Bureau of Indian Affairs;
405  (ii) a state prison;
406  (iii) a federal prison;
407  (iv) the United States Immigration and Customs Enforcement; and
408  (v) any other entity with which a county jail has entered a contract to house inmates
409  on the entity's behalf;
410        (e) the number of prisoners that are denied pretrial release and held in the custody of the
411  county jail while the prisoner awaited final disposition of the prisoner's criminal
412  charges;
413        (f) for each prisoner booked into the county jail:
414  (i) the name of the agency that arrested the prisoner;
415  (ii) the date and time the prisoner was booked into and released from the custody of
416  the county jail;
417  (iii) if the prisoner was released from the custody of the county jail, the reason the
418  inmate was released from the custody of the county jail;
419  (iv) if the prisoner was released from the custody of the county jail on a financial
420  condition, whether the financial condition was set by a county sheriff or a court;
421  (v) the number of days the prisoner was held in the custody of the county jail before
422  disposition of the prisoner's criminal charges;
423  (vi) whether the prisoner was released from the custody of the county jail before final
424  disposition of the prisoner's criminal charges; and
425  (vii) the prisoner's state identification number;
426        (g) the number of in-custody deaths that occurred at the county jail;
427        (h) for each in-custody death:
428  (i) the deceased's name, [gender] sex, race, ethnicity, age, and known or suspected
429  medical diagnosis or disability, if any;
430  (ii) the date, time, and location of death;
431  (iii) the law enforcement agency that detained, arrested, or was in the process of
432  arresting the deceased; and
433  (iv) a brief description of the circumstances surrounding the death;
434        (i) the known, or discoverable on reasonable inquiry, causes and contributing factors of
435  each of the in-custody deaths described in Subsection (2)(g);
436        (j) the county jail's policy for notifying an inmate's next of kin after the prisoner's
437  in-custody death;
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438  (k) the county jail policies, procedures, and protocols:
439  (i) for treatment of a prisoner experiencing withdrawal from alcohol or substance use,
440  including use of opiates;
441  (ii) that relate to the county jail's provision, or lack of provision, of medications used
442  to treat, mitigate, or address a prisoner's symptoms of withdrawal, including
443  methadone and all forms of buprenorphine and naltrexone; and
444  (iii) that relate to screening, assessment, and treatment of a prisoner for a substance
445  use or mental health disorder, including the policies, procedures, and protocols
446  that implement the requirements described in Section 17-72-501;
447  (l)(i) the number of prisoners whose screening described in Section 17-72-501
448  indicated the presence of a substance use disorder; and
449  (ii) of the prisoners whose screening indicated the presence of a substance use
450  disorder, the number of prisoners who received medication under a medication
451  assisted treatment plan; and
452  (m) any report the county jail provides or is required to provide under federal law or
453  regulation relating to prisoner deaths.
454     (2)(a) Subsection (1) does not apply to a county jail if the county jail:
455  (i) collects and stores the data described in Subsection (1); and
456  (ii) enters into a memorandum of understanding with the commission that allows the
457  commission to access the data described in Subsection (1).
458  (b) The memorandum of understanding described in Subsection (2)(a)(ii) shall include a
459  provision to protect any information related to an ongoing investigation and comply
460  with all applicable federal and state laws.
461  (c) If the commission accesses data from a county jail in accordance with Subsection
462  (2)(a), the commission may not release a report prepared from that data, unless:
463  (i) the commission provides the report for review to:
464  (A) the county jail; and
465  (B) any arresting agency that is named in the report; and
466  (ii)(A) the county jail approves the report for release;
467  (B) the county jail reviews the report and prepares a response to the report to be
468  published with the report; or
469  (C) the county jail fails to provide a response to the report within four weeks after
470  the day on which the commission provides the report to the county jail.
471     (3) The commission shall:
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472  (a) compile the information from the reports described in Subsection (1);
473  (b) omit or redact any identifying information of an inmate in the compilation to the
474  extent omission or redaction is necessary to comply with state and federal law;
475  (c) submit the compilation to the Law Enforcement and Criminal Justice Interim
476  Committee and the Utah Substance Use and Mental Health Advisory Committee
477  before November 1 of each year; and
478  (d) submit the compilation to the protection and advocacy agency designated by the
479  governor before November 1 of each year.
480     (4) The commission may not provide access to or use a county jail's policies, procedures, or
481  protocols submitted under this section in a manner or for a purpose not described in this
482  section.
483     (5) Upon request, a county jail shall make a report, including only the names and causes of
484  death of deceased inmates and the facility in which the deceased inmates were being
485  held in custody, available to the public.
486  Section 9. Section 17-72-503 is amended to read:
487  17-72-503 (Effective 05/06/26). Sheriff's classification of prisoners --
488     Classification criteria -- Alternative incarceration programs -- Limitation.
489     (1) As used in this section, "living area" means the same as that term is defined in Section
490  64-13-7.
491     (2)(a) Except as provided in Subsections (5) and (6), the sheriff shall adopt and
492  implement written policies:
493  (i) for admission of prisoners to the county jail; and
494  (ii) for the classification of prisoners that provide for the separation of prisoners by [
495  gender] sex and by other factors as may reasonably provide for the safety and
496  well-being of prisoners and the community.
497  (b) To the extent authorized by law, any written admission policies adopted and
498  implemented under this Subsection (2) shall be applied equally to all entities using
499  the county correctional facilities.
500     (3) Except as provided in Subsections (5) and (6), each county sheriff shall assign prisoners
501  to a facility or section of a facility based on classification criteria that the sheriff
502  develops and maintains.
503     (4)(a) Except as provided in Subsection (6), a county sheriff may develop and
504  implement alternative incarceration programs that may involve housing a prisoner in
505  a jail facility.
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506  (b) A prisoner housed under an alternative incarceration program under Subsection (4)(a)
507  shall be considered to be in the full custody and control of the sheriff for purposes of
508  Sections 76-8-309 and 76-8-309.3.
509  (c) A prisoner may not be placed in an alternative incarceration program under
510  Subsection (4)(a) unless:
511  (i) the county jail is at maximum operating capacity, as established under Section
512  17-72-402; or
513  (ii) ordered by the court.
514      (5) A jail facility shall comply with the same requirements as the Department of
515  Corrections described in Subsections 64-13-7(4), (5), and (6) when assigning a prisoner
516  to a living area, including the reporting requirements in Subsections 64-13-45(2)(d) and
517  (e).
518      (6) This section does not authorize a sheriff to modify provisions of a contract with the
519  Department of Corrections to house state inmates in a county jail.
520  Section 10. Section 26B-1-426 is amended to read:
521  26B-1-426 (Effective 05/06/26). Board of Aging and Adult Services -- Members,
522      appointment, terms, vacancies, chairperson, compensation, meetings, quorum.
523      (1) The Board of Aging and Adult Services created in Section 26B-1-204 shall have seven
524  members who are appointed or reappointed by the governor with the advice and consent
525  of the Senate in accordance with Title 63G, Chapter 24, Part 2, Vacancies.
526      (2)(a) Except as required by Subsection (2)(b), each member shall be appointed for a
527  term of four years, and is eligible for one reappointment.
528  (b) Notwithstanding the requirements of Subsection (2)(a), the governor shall, at the
529  time of appointment or reappointment, adjust the length of terms to ensure that the
530  terms of board members are staggered so that approximately half of the board is
531  appointed every two years.
532  (c) Board members shall continue in office until the expiration of their terms and until
533  their successors are appointed, which may not exceed 90 days after the formal
534  expiration of a term.
535  (d) When a vacancy occurs in the membership for any reason, the governor shall, with
536  the advice and consent of the Senate in accordance with Title 63G, Chapter 24, Part
536a  2,
537  Vacancies, appoint a replacement for the unexpired term.
538      (3) The board shall have diversity of [gender] sex, ethnicity, and culture[;] , and members
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539  shall be chosen on the basis of their active interest, experience, and demonstrated ability
540  to deal with issues related to the Board of Aging and Adult Services.
541     (4)(a) The board shall annually elect a chairperson from the board's membership.
542  (b) The board shall hold meetings at least once every three months.
543  (c) Within budgetary constraints, meetings may be held from time to time on the call of
544  the chairperson or of the majority of the members of the board.
545  (d) Four members of the board are necessary to constitute a quorum at any meeting, and,
546  if a quorum exists, the action of the majority of members present shall be the action
547  of the board.
548     (5) A member may not receive compensation or benefits for the member's service, but, at
549  the executive director's discretion, may receive per diem and travel expenses in
550  accordance with:
551  (a) Section 63A-3-106;
552  (b) Section 63A-3-107; and
553  (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
554  63A-3-107.
555     (6)(a) The board shall adopt bylaws governing its activities.
556  (b) The bylaws described in Subsection (6)(a) shall include procedures for removal of a
557  board member who is unable or unwilling to fulfill the requirements of the board
558  member's appointment.
559     (7) The board has program policymaking authority for the division over which the board
560  presides.
561     (8) A member of the board shall comply with the conflict of interest provisions described in
562  Title 63G, Chapter 24, Part 3, Conflicts of Interest.
563  Section 11. Section 26B-1-507 is amended to read:
564  26B-1-507 (Effective 05/06/26). Reporting to, and review by, legislative
565     committees.
566     (1) On or before September 1 of each year, the department shall provide, with only
567  identifying information redacted, a copy of the report described in Subsection
568  26B-1-506(1)(b), and the response described in Subsection 26B-1-506(2) to the Office
569  of Legislative Research and General Counsel and the chairs of:
570  (a) the Health and Human Services Interim Committee; or
571  (b) if the qualified individual who is the subject of the report is an individual described
572  in Subsection 26B-1-501(7)(c), (d), or (h), the Child Welfare Legislative Oversight
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573  Panel.
574     (2)(a) The Health and Human Services Interim Committee may, in a closed meeting,
575  review a report described in Subsection 26B-1-506(1)(b).
576  (b) The Child Welfare Legislative Oversight Panel shall, in a closed meeting, review a
577  report described in Subsection (1)(b).
578     (3)(a) The Health and Human Services Interim Committee and the Child Welfare
579  Legislative Oversight Panel may not interfere with, or make recommendations
580  regarding, the resolution of a particular case.
581  (b) The purpose of a review described in Subsection (2) is to assist a committee or panel
582  described in Subsection (2) in determining whether to recommend a change in the
583  law.
584  (c) Any recommendation, described in Subsection (3)(b), by a committee or panel for a
585  change in the law shall be made in an open meeting.
586     (4) On or before September 1 of each year, the department shall provide an executive
587  summary of all formal review reports for the preceding state fiscal year to:
588  (a) the Office of Legislative Research and General Counsel;
589  (b) the Health and Human Services Interim Committee; and
590  (c) the Child Welfare Legislative Oversight Panel.
591     (5) The executive summary described in Subsection (4):
592  (a) may not include any names or identifying information;
593  (b) shall include:
594  (i) all recommendations regarding changes to the law that were made during the
595  preceding fiscal year under Subsection 26B-1-505(6);
596  (ii) all changes made, or in the process of being made, to a law, rule, policy, or
597  procedure in response to a formal review that occurred during the preceding fiscal
598  year;
599  (iii) a description of the training that has been completed in response to a formal
600  review that occurred during the preceding fiscal year;
601  (iv) statistics for the preceding fiscal year regarding:
602  (A) the number of qualified individuals and the type of deaths and near fatalities
603  that are known to the department;
604  (B) the number of formal reviews conducted;
605  (C) the categories described in Subsection 26B-1-501(7) of qualified individuals;
606  (D) the [gender] sex, age, race, and other significant categories of qualified
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607  individuals; and
608  (E) the number of fatalities of qualified individuals known to the department that
609  are identified as suicides; and
610  (v) action taken by the Division of Licensing and Background Checks in response to
611  the near fatality or the death of a qualified individual; and
612  (c) is a public document.
613     (6) The Division of Child and Family Services shall, to the extent required by the federal
614  Child Abuse Prevention and Treatment Act of 1988, Pub. L. No. 93-247, as amended,
615  allow public disclosure of the findings or information relating to a case of child abuse or
616  neglect that results in a child fatality or a near fatality.
617  Section 12. Section 26B-2-109 is amended to read:
618  26B-2-109 (Effective 05/06/26). Human services program non-discrimination.
619        A human services program:
620     (1) shall perform an individualized assessment when classifying and placing an individual
621  in programs and living environments; and
622     (2) subject to the office's review and approval, shall create policies and procedures that
623  include:
624  (a) a description of what constitutes sex and [gender based abuse, ] sex-based
625  discrimination[,] and harassment;
626  (b) procedures for preventing and reporting abuse, discrimination, and harassment; and
627  (c) procedures for teaching effective and professional communication with individuals[
628  of all sexual orientations and genders].
629  Section 13. Section 26B-2-119 is amended to read:
630  26B-2-119 (Effective 05/06/26). Residential support program -- Temporary
631     homeless youth shelter.
632        In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
633     office shall make rules that establish age-appropriate and [gender-appropriate] sex-appropriate
634     sleeping quarters in temporary homeless youth shelters, as defined in Section 80-5-102, that
635     provide overnight shelter to minors.
636  Section 14. Section 26B-2-128 is amended to read:
637  26B-2-128 (Effective 05/06/26). Numerical limit of foster children in a foster
638     home -- Limits on bedroom sharing.
639     (1)(a) No more than four foster children may reside in the foster home of a licensed
640  foster parent.
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      2nd Sub. (Gray) H.B. 183  03-03 09:58
641  (b) No more than three foster children may reside in the foster home of a certified foster
642  parent.
643     (2) When placing a child into a foster home, the limits under Subsection (1) may be
644  exceeded:
645  (a) to place a child into a foster home where a sibling of the child currently resides; or
646  (b) to place a child in a foster home where the child previously resided.
647     (3) The limits under Subsection (1) may be exceeded for:
648  (a) placement of a sibling group in a foster home with no more than one other foster
649  child placement;
650  (b) placement of a child or sibling group in a foster home where the child or sibling
651  group previously resided; or
652  (c) placement of a child in a foster home where a sibling currently resides.
653     (4)(a) A foster child may not share a bedroom with a child of the opposite biological sex
654  unless:
655  (i) each child sharing the bedroom is under two years old;
656  (ii)(A) the department's client record identifies [gender-specific] sex-specific
657  rationale for sharing the bedroom;
658  (B) sharing the bedroom is in the best interests of each child sharing the bedroom;
659  and
660  (C) all children sharing the bedroom are relatives; or
661  (iii)(A) there is written caseworker approval for the bedroom assignment;
662  (B) sharing the bedroom is in the best interests of each child sharing the bedroom;
663  and
664  (C) all children sharing the bedroom are relatives.
665  (b) The Division of Child and Family Services shall approve a bedroom assignment by
666  which a child has their own bedroom if:
667  (i) there is a [gender-specific] sex-specific or sexual-orientation specific rationale for
668  the bedroom assignment; and
669  (ii) the bedroom assignment is necessary to promote the child's best interest.
670     (5) A foster parent's bedroom may only be shared with a foster child who is under the age
671  of two years old.
672     (6) A foster parent may not share a bed with any foster child.
673  Section 15. Section 26B-3-303 is amended to read:
674  26B-3-303 (Effective 05/06/26) (Repealed 07/01/27). DUR Board --
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      03-03 09:58  2nd Sub. (Gray) H.B. 183
675     Responsibilities.
676        The board shall:
677     (1) develop rules necessary to carry out its responsibilities as defined in this part;
678     (2) oversee the implementation of a Medicaid retrospective and prospective DUR program
679  in accordance with this part, including responsibility for approving provisions of
680  contractual agreements between the Medicaid program and any other entity that will
681  process and review Medicaid drug claims and profiles for the DUR program in
682  accordance with this part;
683     (3) develop and apply predetermined criteria and standards to be used in retrospective and
684  prospective DUR, ensuring that the criteria and standards are based on the compendia,
685  and that they are developed with professional input, in a consensus fashion, with
686  provisions for timely revision and assessment as necessary. The DUR standards
687  developed by the board shall reflect the local practices of physicians in order to monitor:
688  (a) therapeutic appropriateness;
689  (b) overutilization or underutilization;
690  (c) therapeutic duplication;
691  (d) drug-disease contraindications;
692  (e) drug-drug interactions;
693  (f) incorrect drug dosage or duration of drug treatment; and
694  (g) clinical abuse and misuse;
695     (4) develop, select, apply, and assess interventions and remedial strategies for physicians,
696  pharmacists, and recipients that are educational and not punitive in nature, in order to
697  improve the quality of care;
698     (5) disseminate information to physicians and pharmacists to ensure that they are aware of
699  the board's duties and powers;
700     (6) provide written, oral, or electronic reminders of patient-specific or drug-specific
701  information, designed to ensure recipient, physician, and pharmacist confidentiality, and
702  suggest changes in prescribing or dispensing practices designed to improve the quality
703  of care;
704     (7) utilize face-to-face discussions between experts in drug therapy and the prescriber or
705  pharmacist who has been targeted for educational intervention;
706     (8) conduct intensified reviews or monitoring of selected prescribers or pharmacists;
707     (9) create an educational program using data provided through DUR to provide active and
708  ongoing educational outreach programs to improve prescribing and dispensing practices,
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      2nd Sub. (Gray) H.B. 183  03-03 09:58
709  either directly or by contract with other governmental or private entities;
710     (10) provide a timely evaluation of intervention to determine if those interventions have
711  improved the quality of care;
712     (11) publish the annual Drug Utilization Review report required under 42 C.F.R. Sec. 712;
713     (12) develop a working agreement with related boards or agencies, including the State
714  Board of Pharmacy, Medical Licensing Board, and SURS staff within the division, in
715  order to clarify areas of responsibility for each, where those areas may overlap;
716     (13) establish a grievance process for physicians and pharmacists under this part, in
717  accordance with Title 63G, Chapter 4, Administrative Procedures Act;
718     (14) publish and disseminate educational information to physicians and pharmacists
719  concerning the board and the DUR program, including information regarding:
720  (a) identification and reduction of the frequency of patterns of fraud, abuse, gross
721  overuse, inappropriate, or medically unnecessary care among physicians,
722  pharmacists, and recipients;
723  (b) potential or actual severe or adverse reactions to drugs;
724  (c) therapeutic appropriateness;
725  (d) overutilization or underutilization;
726  (e) appropriate use of generics;
727  (f) therapeutic duplication;
728  (g) drug-disease contraindications;
729  (h) drug-drug interactions;
730  (i) incorrect drug dosage and duration of drug treatment;
731  (j) drug allergy interactions; and
732  (k) clinical abuse and misuse;
733     (15) develop and publish, with the input of the State Board of Pharmacy, guidelines and
734  standards to be used by pharmacists in counseling Medicaid recipients in accordance
735  with this part. The guidelines shall ensure that the recipient may refuse counseling and
736  that the refusal is to be documented by the pharmacist. Items to be discussed as part of
737  that counseling include:
738  (a) the name and description of the medication;
739  (b) administration, form, and duration of therapy;
740  (c) special directions and precautions for use;
741  (d) common severe side effects or interactions, and therapeutic interactions, and how to
742  avoid those occurrences;
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      03-03 09:58  2nd Sub. (Gray) H.B. 183
743  (e) techniques for self-monitoring drug therapy;
744  (f) proper storage;
745  (g) prescription refill information; and
746  (h) action to be taken in the event of a missed dose; and
747     (16) establish procedures in cooperation with the State Board of Pharmacy for pharmacists
748  to record information to be collected under this part. The recorded information shall
749  include:
750  (a) the name, address, age, and [gender] sex of the recipient;
751  (b) individual history of the recipient where significant, including disease state, known
752  allergies and drug reactions, and a comprehensive list of medications and relevant
753  devices;
754  (c) the pharmacist's comments on the individual's drug therapy;
755  (d) name of prescriber; and
756  (e) name of drug, dose, duration of therapy, and directions for use.
757  Section 16. Section 26B-4-213 is amended to read:
758  26B-4-213 (Effective 05/06/26). Medical cannabis patient card -- Medical
759     cannabis guardian card -- Conditional medical cannabis card -- Application -- Fees --
760     Studies.
761     (1)(a) Subject to Section 26B-4-246, within 15 days after the day on which an individual
762  who satisfies the eligibility criteria in this section or Section 26B-4-214 submits an
763  application in accordance with this section or Section 26B-4-214, the department
764  shall:
765  (i) issue a medical cannabis patient card to an individual described in Subsection
766  (2)(a);
767  (ii) issue a medical cannabis guardian card to an individual described in Subsection
768  (2)(b);
769  (iii) issue a provisional patient card to a minor described in Subsection (2)(c); and
770  (iv) issue a medical cannabis caregiver card to an individual described in Subsection
771  26B-4-214(4).
772  (b)(i) Upon the entry of a recommending medical provider's medical cannabis
773  recommendation for a patient in the state electronic verification system, either by
774  the provider or the provider's employee or by a medical cannabis pharmacy
775  medical provider or medical cannabis pharmacy in accordance with Subsection
776  4-41a-1101(10)(a), the department shall issue to the patient an electronic
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777  conditional medical cannabis card, in accordance with this Subsection (1)(b).
778  (ii) A conditional medical cannabis card is valid for the lesser of:
779  (A) 60 days; or
780  (B) the day on which the department completes the department's review and issues
781  a medical cannabis card under Subsection (1)(a), denies the patient's medical
782  cannabis card application, or revokes the conditional medical cannabis card
783  under Subsection (8).
784  (iii) The department may issue a conditional medical cannabis card to an individual
785  applying for a medical cannabis patient card for which approval of the
786  Compassionate Use Board is not required.
787  (iv) An individual described in Subsection (1)(b)(iii) has the rights, restrictions, and
788  obligations under law applicable to a holder of the medical cannabis card for
789  which the individual applies and for which the department issues the conditional
790  medical cannabis card.
791     (2)(a) An individual is eligible for a medical cannabis patient card if:
792  (i)(A) the individual is at least 21 years old; or
793  (B) the individual is 18, 19, or 20 years old, the individual petitions the
794  Compassionate Use Board under Section 26B-1-421, and the Compassionate
795  Use Board recommends department approval of the petition;
796  (ii) the individual is a Utah resident;
797  (iii) the individual's recommending medical provider recommends treatment with
798  medical cannabis in accordance with Subsection (4);
799  (iv) the individual signs an acknowledgment stating that the individual received the
800  information described in Subsection (9); and
801  (v) the individual pays to the department a fee in an amount that, subject to
802  Subsection 26B-1-310(5), the department sets in accordance with Section
803  63J-1-504.
804  (b)(i) An individual is eligible for a medical cannabis guardian card if the individual:
805  (A) is at least 18 years old;
806  (B) is a Utah resident;
807  (C) is the parent or legal guardian of a minor for whom the minor's recommending
808  medical provider recommends a medical cannabis treatment, the individual
809  petitions the Compassionate Use Board under Section 26B-1-421, and the
810  Compassionate Use Board recommends department approval of the petition;
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811  (D) the individual signs an acknowledgment stating that the individual received
812  the information described in Subsection (9); and
813  (E) pays to the department a fee in an amount that, subject to Subsection
814  26B-1-310(5), the department sets in accordance with Section 63J-1-504, plus
815  the cost of the criminal background check described in Section 26B-4-215.
816  (ii) The department shall notify the Department of Public Safety of each individual
817  that the department registers for a medical cannabis guardian card.
818  (c)(i) A minor is eligible for a provisional patient card if:
819  (A) the minor has a qualifying condition;
820  (B) the minor's recommending medical provider recommends a medical cannabis
821  treatment to address the minor's qualifying condition;
822  (C) one of the minor's parents or legal guardians petitions the Compassionate Use
823  Board under Section 26B-1-421, and the Compassionate Use Board
824  recommends department approval of the petition; and
825  (D) the minor's parent or legal guardian is eligible for a medical cannabis guardian
826  card under Subsection (2)(b) or designates a caregiver under Subsection (2)(d)
827  who is eligible for a medical cannabis caregiver card under Section 26B-4-214.
828  (ii) The department shall automatically issue a provisional patient card to the minor
829  described in Subsection (2)(c)(i) at the same time the department issues a medical
830  cannabis guardian card to the minor's parent or legal guardian.
831  (d) If the parent or legal guardian of a minor described in Subsections (2)(c)(i)(A)
832  through (C) does not qualify for a medical cannabis guardian card under Subsection
833  (2)(b), the parent or legal guardian may designate up to two caregivers in accordance
834  with Subsection 26B-4-214(1)(c) to ensure that the minor has adequate and safe
835  access to the recommended medical cannabis treatment.
836     (3)(a) An individual who is eligible for a medical cannabis card described in Subsection
837  (2)(a) or (b) shall submit an application for a medical cannabis card to the department:
838  (i) through an electronic application connected to the state electronic verification
839  system;
840  (ii) with the recommending medical provider; and
841  (iii) with information including:
842  (A) the applicant's name, [gender] sex, age, and address;
843  (B) the number of the applicant's government issued photo identification;
844  (C) for a medical cannabis guardian card, the name, [gender] sex, and age of the
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      2nd Sub. (Gray) H.B. 183  03-03 09:58
845  minor receiving a medical cannabis treatment under the cardholder's medical
846  cannabis guardian card; and
847  (D) for a provisional patient card, the name of the minor's parent or legal guardian
848  who holds the associated medical cannabis guardian card.
849        (b)(i) If a recommending medical provider determines that, because of age, illness, or
850  disability, a medical cannabis patient cardholder requires assistance in
851  administering the medical cannabis treatment that the recommending medical
852  provider recommends, the recommending medical provider may indicate the
853  cardholder's need in the state electronic verification system, either directly or
854  through the order described in Subsections 26B-4-204(1)(b) and (c).
855  (ii) If a recommending medical provider makes the indication described in
856  Subsection (3)(b)(i):
857  (A) the department shall add a label to the relevant medical cannabis patient card
858  indicating the cardholder's need for assistance;
859  (B) any adult who is 18 years old or older and who is physically present with the
860  cardholder at the time the cardholder needs to use the recommended medical
861  cannabis treatment may handle the medical cannabis treatment and any
862  associated medical cannabis device as needed to assist the cardholder in
863  administering the recommended medical cannabis treatment; and
864  (C) an individual of any age who is physically present with the cardholder in the
865  event of an emergency medical condition, as that term is defined in Section
866  31A-1-301, may handle the medical cannabis treatment and any associated
867  medical cannabis device as needed to assist the cardholder in administering the
868  recommended medical cannabis treatment.
869  (iii) A non-cardholding individual acting under Subsection (3)(b)(ii)(B) or (C) may
870  not:
871  (A) ingest or inhale medical cannabis;
872  (B) possess, transport, or handle medical cannabis or a medical cannabis device
873  outside of the immediate area where the cardholder is present or with an intent
874  other than to provide assistance to the cardholder; or
875  (C) possess, transport, or handle medical cannabis or a medical cannabis device
876  when the cardholder is not in the process of being dosed with medical cannabis.
877     (4)(a) Except as provided in Subsection (4)(b), a recommending medical provider may
878        not recommend medical cannabis to a patient through a virtual visit.
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      03-03 09:58  2nd Sub. (Gray) H.B. 183
879  (b) A recommending medical provider may recommend medical cannabis to a patient
880  through a virtual visit if the patient:
881  (i) is on hospice or has a terminal illness according to the patient's medical provider;
882  (ii) is a resident of an assisted living facility, as defined in Section 26B-2-201, or a
883  nursing care facility, as defined in Section 26B-2-201;
884  (iii) has previously received a medical cannabis recommendation from the
885  recommending medical provider through a face-to-face visit; or
886  (iv) is a current patient of the recommending medical provider and has met with the
887  recommending medical provider face-to-face previously.
888  (c) A recommending medical provider shall:
889  (i) before recommending or renewing a recommendation for medical cannabis in a
890  medicinal dosage form or a cannabis product in a medicinal dosage form:
891  (A) verify the patient's and, for a minor patient, the minor patient's parent or legal
892  guardian's government issued photo identification described in Subsection
893  (3)(a);
894  (B) review any record related to the patient and, for a minor patient, the patient's
895  parent or legal guardian accessible to the recommending medical provider
896  including in the controlled substance database created in Section 58-37f-201;
897  and
898  (C) consider the recommendation in light of the patient's qualifying condition,
899  history of substance use or opioid use disorder, and history of medical cannabis
900  and controlled substance use during a visit with the patient; and
901  (ii) state in the recommending medical provider's recommendation that the patient:
902  (A) suffers from a qualifying condition, including the type of qualifying condition;
903  and
904  (B) may benefit from treatment with cannabis in a medicinal dosage form or a
905  cannabis product in a medicinal dosage form.
906     (5)(a) Except as provided in Subsection (5)(b) or (c), a medical cannabis card that the
907  department issues under this section is valid for the lesser of:
908  (i) an amount of time that the recommending medical provider determines; or
909  (ii) one year from the day the card is issued.
910  (b)(i) A medical cannabis card that the department issues in relation to a terminal
911  illness described in Section 26B-4-203 expires after one year.
912  (ii) The recommending medical provider may revoke a recommendation that the
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      2nd Sub. (Gray) H.B. 183  03-03 09:58
913  provider made in relation to a terminal illness described in Section 26B-4-203 if
914  the medical cannabis cardholder no longer has the terminal illness.
915  (c) A medical cannabis card that the department issues in relation to acute pain as
916  described in Section 26B-4-203 expires 30 days after the day on which the
917  department first issues a conditional or full medical cannabis card.
918     (6)(a) A medical cannabis patient card or a medical cannabis guardian card is renewable
919  if:
920  (i) at the time of renewal, the cardholder meets the requirements of Subsection (2)(a)
921  or (b); or
922  (ii) the cardholder received the medical cannabis card through the recommendation of
923  the Compassionate Use Board under Section 26B-1-421.
924  (b) The recommending medical provider who made the underlying recommendation for
925  the card of a cardholder described in Subsection (6)(a) may renew the cardholder's
926  card through phone or video conference with the cardholder, at the recommending
927  medical provider's discretion.
928  (c) Before having access to a renewed card, a cardholder under Subsection (2)(a) or (b)
929  shall pay to the department a renewal fee in an amount that:
930  (i) subject to Subsection 26B-1-310(5), the department sets in accordance with
931  Section 63J-1-504; and
932  (ii) may not exceed the cost of the relatively lower administrative burden of renewal
933  in comparison to the original application process.
934  (d) If a minor meets the requirements of Subsection (2)(c), the minor's provisional
935  patient card renews automatically at the time the minor's parent or legal guardian
936  renews the parent or legal guardian's associated medical cannabis guardian card.
937     (7)(a) A cardholder under this section shall carry the cardholder's valid medical cannabis
938  card with the patient's name.
939  (b)(i) A medical cannabis patient cardholder or a provisional patient cardholder may
940  purchase, in accordance with this part and the recommendation underlying the
941  card, cannabis in a medicinal dosage form, a cannabis product in a medicinal
942  dosage form, or a medical cannabis device.
943  (ii) A cardholder under this section may possess or transport, in accordance with this
944  part and the recommendation underlying the card, cannabis in a medicinal dosage
945  form, a cannabis product in a medicinal dosage form, or a medical cannabis
946  device.
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      03-03 09:58  2nd Sub. (Gray) H.B. 183
947  (iii) To address the qualifying condition underlying the medical cannabis treatment
948  recommendation:
949  (A) a medical cannabis patient cardholder or a provisional patient cardholder may
950  use medical cannabis or a medical cannabis device; and
951  (B) a medical cannabis guardian cardholder may assist the associated provisional
952  patient cardholder with the use of medical cannabis or a medical cannabis
953  device.
954     (8)(a) The department may revoke a medical cannabis card that the department issues
955  under this section if:
956  (i) the recommending medical provider withdraws the medical provider's
957  recommendation for medical cannabis; or
958  (ii) the cardholder:
959  (A) violates this part; or
960  (B) is convicted under state or federal law of, after March 17, 2021, a drug
961  distribution offense.
962  (b) The department may not refuse to issue a medical cannabis card to a patient solely
963  based on a prior revocation under Subsection (8)(a)(i).
964     (9) The department shall establish by rule, in accordance with Title 63G, Chapter 3, Utah
965  Administrative Rulemaking Act, a process to provide information regarding the
966  following to an individual receiving a medical cannabis card:
967  (a) risks associated with medical cannabis treatment;
968  (b) the fact that a condition's listing as a qualifying condition does not suggest that
969  medical cannabis treatment is an effective treatment or cure for that condition, as
970  described in Subsection 26B-4-203(1); and
971  (c) other relevant warnings and safety information that the department determines.
972     (10) The department may establish procedures by rule, in accordance with Title 63G,
973  Chapter 3, Utah Administrative Rulemaking Act, to implement the application and
974  issuance provisions of this section.
975     (11)(a) The department shall establish by rule, in accordance with Title 63G, Chapter 3,
976  Utah Administrative Rulemaking Act, a process to allow an individual from another
977  state to register with the department in order to purchase medical cannabis or a
978  medical cannabis device from a medical cannabis pharmacy while the individual is
979  visiting the state.
980  (b) The department may only provide the registration process described in Subsection
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       2nd Sub. (Gray) H.B. 183  03-03 09:58
 981  (11)(a):
 982  (i) to a nonresident patient; and
 983  (ii) for no more than two visitation periods per calendar year of up to 21 calendar
 984  days per visitation period.
 985     (12)(a) A person may submit to the department a request to conduct a research study
 986  using medical cannabis cardholder data that the state electronic verification system
 987  contains.
 988  (b) The department shall review a request described in Subsection (12)(a) to determine
 989  whether an institutional review board, as that term is defined in Section 26B-4-201,
 990  could approve the research study.
 991  (c) At the time an individual applies for a medical cannabis card, the department shall
 992  notify the individual:
 993  (i) of how the individual's information will be used as a cardholder;
 994  (ii) that by applying for a medical cannabis card, unless the individual withdraws
 995  consent under Subsection (12)(d), the individual consents to the use of the
 996  individual's information for external research; and
 997  (iii) that the individual may withdraw consent for the use of the individual's
 998  information for external research at any time, including at the time of application.
 999  (d) An applicant may, through the medical cannabis card application, and a medical
1000  cannabis cardholder may, through the state central patient portal, withdraw the
1001  applicant's or cardholder's consent to participate in external research at any time.
1002  (e) The department may release, for the purposes of a study described in this Subsection
1003  (12), information about a cardholder under this section who consents to participate
1004  under Subsection (12)(c).
1005  (f) If an individual withdraws consent under Subsection (12)(d), the withdrawal of
1006  consent:
1007  (i) applies to external research that is initiated after the withdrawal of consent; and
1008  (ii) does not apply to research that was initiated before the withdrawal of consent.
1009  (g) The department may establish standards for a medical research study's validity, by
1010  rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking
1011  Act.
1012     (13) The department shall record the issuance or revocation of a medical cannabis card
1013  under this section in the controlled substance database.
1014  Section 17. Section 26B-4-214 is amended to read:
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       03-03 09:58  2nd Sub. (Gray) H.B. 183
1015  26B-4-214 (Effective 05/06/26). Medical cannabis caregiver card -- Registration
1016     -- Renewal -- Revocation.
1017     (1)(a) A cardholder described in Section 26B-4-213 may designate up to two
1018        individuals, or an individual and a facility in accordance with Subsection (1)(b), to
1019        serve as a designated caregiver for the cardholder.
1020        (b)(i) A cardholder described in Section 26B-4-213 may designate one of the
1021  following types of facilities as one of the caregivers described in Subsection (1)(a):
1022  (A) for a patient or resident, an assisted living facility, as that term is defined in
1023  Section 26B-2-201;
1024  (B) for a patient or resident, a nursing care facility, as that term is defined in
1025  Section 26B-2-201; or
1026  (C) for a patient, a general acute hospital, as that term is defined in Section
1027  26B-2-201.
1028  (ii) A facility may:
1029  (A) assign one or more employees to assist patients with medical cannabis
1030  treatment under the caregiver designation described in this Subsection (1)(b);
1031  and
1032  (B) receive a medical cannabis shipment from a medical cannabis pharmacy or a
1033  medical cannabis courier on behalf of the medical cannabis cardholder within
1034  the facility who designated the facility as a caregiver.
1035  (iii) The department shall make rules to regulate the practice of facilities and facility
1036  employees serving as designated caregivers under this Subsection (1)(b).
1037        (c) A parent or legal guardian described in Subsection 26B-4-213(2)(d), in consultation
1038  with the minor and the minor's recommending medical provider, may designate up to
1039  two individuals to serve as a designated caregiver for the minor, if the department
1040  determines that the parent or legal guardian is not eligible for a medical cannabis
1041  guardian card under Section 26B-4-213.
1042        (d)(i) Upon the entry of a caregiver designation under Subsection (1)(c) by a patient
1043  with a terminal illness described in Section 26B-4-203, the department shall issue
1044  to the designated caregiver an electronic conditional medical cannabis caregiver
1045  card, in accordance with this Subsection (1)(d).
1046  (ii) A conditional medical cannabis caregiver card is valid for the lesser of:
1047  (A) 60 days; or
1048  (B) the day on which the department completes the department's review and issues
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       2nd Sub. (Gray) H.B. 183  03-03 09:58
1049  a medical cannabis caregiver card under Subsection (1)(a), denies the patient's
1050  medical cannabis caregiver card application, or revokes the conditional
1051  medical cannabis caregiver card under Section 26B-4-246.
1052  (iii) The department may issue a conditional medical cannabis card to an individual
1053  applying for a medical cannabis patient card for which approval of the
1054  Compassionate Use Board is not required.
1055  (iv) An individual described in Subsection (1)(b)(iii) has the rights, restrictions, and
1056  obligations under law applicable to a holder of the medical cannabis card for
1057  which the individual applies and for which the department issues the conditional
1058  medical cannabis card.
1059     (2) An individual that the department registers as a designated caregiver under this section
1060  and a facility described in Subsection (1)(b):
1061  (a) for an individual designated caregiver, may carry a valid medical cannabis caregiver
1062  card;
1063  (b) in accordance with this part, may purchase, possess, transport, or assist the patient in
1064  the use of medical cannabis or a medical cannabis device on behalf of the designating
1065  medical cannabis cardholder;
1066  (c) may not charge a fee to an individual to act as the individual's designated caregiver
1067  or for a service that the designated caregiver provides in relation to the role as a
1068  designated caregiver; and
1069  (d) may accept reimbursement from the designating medical cannabis cardholder for
1070  direct costs the designated caregiver incurs for assisting with the designating
1071  cardholder's medicinal use of cannabis.
1072     (3)(a) The department shall:
1073  (i) within 15 days after the day on which an individual submits an application in
1074  compliance with this section, issue a medical cannabis card to the applicant if the
1075  applicant:
1076  (A) is designated as a caregiver under Subsection (1);
1077  (B) is eligible for a medical cannabis caregiver card under Subsection (4); and
1078  (C) complies with this section; and
1079  (ii) notify the Department of Public Safety of each individual that the department
1080  registers as a designated caregiver.
1081  (b) The department shall ensure that a medical cannabis caregiver card contains the
1082  information described in Subsections (5)(b) and (3)(c)(i).
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       03-03 09:58  2nd Sub. (Gray) H.B. 183
1083  (c) If a cardholder described in Section 26B-4-213 designates an individual as a
1084  caregiver who already holds a medical cannabis caregiver card, the individual with
1085  the medical cannabis caregiver card:
1086  (i) shall report to the department the information required of applicants under
1087  Subsection (5)(b) regarding the new designation;
1088  (ii) if the individual makes the report described in Subsection (3)(c)(i), is not required
1089  to file an application for another medical cannabis caregiver card;
1090  (iii) may receive an additional medical cannabis caregiver card in relation to each
1091  additional medical cannabis patient who designates the caregiver; and
1092  (iv) is not subject to an additional background check.
1093     (4) An individual is eligible for a medical cannabis caregiver card if the individual:
1094  (a) is at least 21 years old;
1095  (b) is a Utah resident;
1096  (c) pays to the department a fee in an amount that, subject to Subsection 26B-1-310(5),
1097  the department sets in accordance with Section 63J-1-504, plus the cost of the
1098  criminal background check described in Section 26B-4-215; and
1099  (d) signs an acknowledgment stating that the applicant received the information
1100  described in Subsection 26B-4-213(9).
1101     (5) An eligible applicant for a medical cannabis caregiver card shall:
1102  (a) submit an application for a medical cannabis caregiver card to the department
1103  through an electronic application connected to the state electronic verification
1104  system; and
1105  (b) submit the following information in the application described in Subsection (5)(a):
1106  (i) the applicant's name, [gender] sex, age, and address;
1107  (ii) the name, [gender] sex, age, and address of the cardholder described in Section
1108  26B-4-213 who designated the applicant;
1109  (iii) if a medical cannabis guardian cardholder designated the caregiver, the name, [
1110  gender] sex, and age of the minor receiving a medical cannabis treatment in
1111  relation to the medical cannabis guardian cardholder; and
1112  (iv) any additional information that the department requests to assist in matching the
1113  application with the designating medical cannabis patient.
1114     (6) Except as provided in Subsection (6)(b), a medical cannabis caregiver card that the
1115  department issues under this section is valid for the lesser of:
1116  (a) an amount of time that the cardholder described in Section 26B-4-213 who
  - 33 -
       2nd Sub. (Gray) H.B. 183  03-03 09:58
1117  designated the caregiver determines; or
1118  (b) the amount of time remaining before the card of the cardholder described in Section
1119  26B-4-213 expires.
1120     (7)(a) If a designated caregiver meets the requirements of Subsection (4), the designated
1121  caregiver's medical cannabis caregiver card renews automatically at the time the
1122  cardholder described in Section 26B-4-213 who designated the caregiver:
1123  (i) renews the cardholder's card; and
1124  (ii) renews the caregiver's designation, in accordance with Subsection (7)(b).
1125  (b) The department shall provide a method in the card renewal process to allow a
1126  cardholder described in Section 26B-4-213 who has designated a caregiver to:
1127  (i) signify that the cardholder renews the caregiver's designation;
1128  (ii) remove a caregiver's designation; or
1129  (iii) designate a new caregiver.
1130     (8) The department shall record the issuance or revocation of a medical cannabis card under
1131  this section in the controlled substance database.
1132  Section 18. Section 26B-5-211 is amended to read:
1133  26B-5-211 (Effective 05/06/26). Administration of opioid litigation proceeds --
1134     Requirements for governmental entities receiving opioid funds -- Reporting.
1135     (1) As used in this section:
1136  (a) "Fund" means the Opioid Litigation Proceeds Fund created in Section 51-9-801.
1137  (b) "Office" means the Office of Substance Use and Mental Health within the
1138  department.
1139  (c) "Opioid funds" means money received by the state or a political subdivision of the
1140  state as a result of any judgment, settlement, or compromise of claims pertaining to
1141  alleged violations of law related to the manufacture, marketing, distribution, or sale
1142  of opioids.
1143     (2) Opioid funds may not be used to:
1144  (a) reimburse expenditures that were incurred before the opioid funds were received by
1145  the governmental entity; or
1146  (b) supplant or take the place of any funds that would otherwise have been expended for
1147  that purpose.
1148     (3) The office shall serve as the reporting entity to receive, compile, and submit any reports
1149  related to opioid funds that are required by law, contract, or other agreement.
1150     (4) The requirement described in Subsection (5) applies to:
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       03-03 09:58  2nd Sub. (Gray) H.B. 183
1151  (a) a recipient of opioid funds from the fund, in any year that opioid funds are received;
1152  and
1153  (b) a political subdivision that received opioid funds.
1154     (5) A person described in Subsection (4) shall provide an annual report to the office, in a
1155  form and by a date established by the office, that includes:
1156  (a) an accounting of all opioid funds that were received by the person in the year;
1157  (b) the number of individuals served through programs funded by the opioid funds,
1158  including the individuals' age, [gender] sex, and other demographic factors reported in
1159  a de-identified manner;
1160  (c) the measures that were used to determine whether the program funded by the opioid
1161  funds achieved the intended outcomes;
1162  (d) if applicable, any information required to be submitted to the reporting entity under
1163  applicable law, contract, or other agreement; and
1164  (e) the percentage of total funds received by the person in the year that the person used
1165  to promote the items under Subsections (6)(d)(i) through (vi).
1166     (6) On or before October 1 of each year, the office shall provide a written report that
1167  includes:
1168  (a) the opening and closing balance of the fund for the previous fiscal year;
1169  (b) the name of and amount received by each recipient of funds from the fund;
1170  (c) a description of the intended use of each award, including the specific program,
1171  service, or resource funded, population served, and measures that the recipient used
1172  or will use to assess the impact of the award;
1173  (d) the amount of funds expended to address each of the following items and the degree
1174  to which the department administered the program or subcontracted with a private
1175  entity:
1176  (i) treatment services;
1177  (ii) recovery support services;
1178  (iii) prevention;
1179  (iv) criminal justice;
1180  (v) harm reduction; and
1181  (vi) expanding any of the following services:
1182  (A) housing;
1183  (B) legal support;
1184  (C) education; and
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       2nd Sub. (Gray) H.B. 183  03-03 09:58
1185  (D) job training;
1186  (e) a description of any finding or concern as to whether all opioid funds disbursed from
1187  the fund violated the prohibitions in Subsection (2) and, if applicable, complied with
1188  the requirements of a settlement agreement;
1189  (f) the performance indicators and progress toward improving outcomes and reducing
1190  mortality and other harms related to substance use disorders; and
1191  (g) administrative costs including indirect rates and direct service costs.
1192     (7) The office shall provide the information that is received, compiled, and submitted under
1193  this section:
1194  (a) to the Health and Human Services Interim Committee;
1195  (b) to the Social Services Appropriations Subcommittee;
1196  (c) if required under the terms of a settlement agreement under which opioid funds are
1197  received, to the administrator of the settlement agreement in accordance with the
1198  terms of the settlement agreement; and
1199  (d) in a publicly accessible location on the department's website.
1200     (8) The office may make rules in accordance with Title 63G, Chapter 3, Utah
1201  Administrative Rulemaking Act, to implement this section.
1202  Section 19. Section 26B-5-301 is amended to read:
1203  26B-5-301 (Effective 05/06/26). Definitions.
1204        As used in this part, Part 4, Commitment of Persons Under Age 18, and Part 5, Essential
1205     Treatment and Intervention:
1206     (1) "Adult" means an individual 18 years old or older.
1207     (2) "Approved treatment facility or program" means a mental health or substance use
1208  treatment provider that meets the goals and measurements described in Subsection
1209  26B-5-102(2)(ii).
1210     (3) "Assisted outpatient treatment" means involuntary outpatient mental health treatment
1211  ordered under Section 26B-5-351.
1212     (4) "Attending physician" means a physician licensed to practice medicine in this state who
1213  has primary responsibility for the care and treatment of the declarant.
1214     (5) "Attorney-in-fact" means an adult properly appointed under this part to make mental
1215  health treatment decisions for a declarant under a declaration for mental health treatment.
1216     (6) "Commitment to the custody of a local mental health authority" means that an adult is
1217  committed to the custody of the local mental health authority that governs the mental
1218  health catchment area where the adult resides or is found.
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       03-03 09:58  2nd Sub. (Gray) H.B. 183
1219     (7) "Community mental health center" means an entity that provides treatment and services
1220  to a resident of a designated geographical area, that operates by or under contract with a
1221  local mental health authority, and that complies with state standards for community
1222  mental health centers.
1223     (8) "Designated examiner" means:
1224  (a) a licensed physician, preferably a psychiatrist, who is designated by the division as
1225  specially qualified by training or experience in the diagnosis of mental or related
1226  illness; or
1227  (b) a licensed mental health professional designated by the division as specially qualified
1228  by training and who has at least five years' continual experience in the treatment of
1229  mental illness.
1230     (9) "Designee" means a physician who has responsibility for medical functions including
1231  admission and discharge, an employee of a local mental health authority, or an employee
1232  of a person that has contracted with a local mental health authority to provide mental
1233  health services under Section 17-77-304.
1234     (10) "Essential treatment" and "essential treatment and intervention" mean court-ordered
1235  treatment at a local substance abuse authority or an approved treatment facility or
1236  program for the treatment of an adult's substance use disorder.
1237     (11) "Harmful sexual conduct" means the following conduct upon an individual without the
1238  individual's consent, including the nonconsensual circumstances described in
1239  Subsections 76-5-406(2)(a) through (l):
1240  (a) sexual intercourse;
1241  (b) penetration, however slight, of the genital or anal opening of the individual;
1242  (c) any sexual act involving the genitals or anus of the actor or the individual and the
1243  mouth or anus of either individual, regardless of the [gender] sex of either participant;
1244  or
1245  (d) any sexual act causing substantial emotional injury or bodily pain.
1246     (12) "Informed waiver" means the patient was informed of a right and, after being informed
1247  of that right and the patient's right to waive the right, expressly communicated his or her
1248  intention to waive that right.
1249     (13) "Incapable" means that, in the opinion of the court in a guardianship proceeding under
1250  Title 75, Utah Uniform Probate Code, or in the opinion of two physicians, a person's
1251  ability to receive and evaluate information effectively or communicate decisions is
1252  impaired to such an extent that the person currently lacks the capacity to make mental
  - 37 -
       2nd Sub. (Gray) H.B. 183  03-03 09:58
1253  health treatment decisions.
1254     (14) "Institution" means a hospital or a health facility licensed under Section 26B-2-206.
1255     (15) "Lay person" means an individual identified and authorized by a patient to participate
1256  in activities related to the patient's commitment, including court appearances, discharge
1257  planning, and grievances, except that a patient may revoke a lay person's authorization at
1258  any time.
1259     (16) "Local substance abuse authority" means the same as that term is defined in Section
1260  26B-5-101 and described in Section 17-77-201.
1261     (17) "Mental health facility" means the Utah State Hospital or other facility that provides
1262  mental health services under contract with the division, a local mental health authority, a
1263  person that contracts with a local mental health authority, or a person that provides acute
1264  inpatient psychiatric services to a patient.
1265     (18) "Mental health officer" means an individual who is designated by a local mental health
1266  authority as qualified by training and experience in the recognition and identification of
1267  mental illness, to:
1268  (a) apply for and provide certification for a temporary commitment; or
1269  (b) assist in the arrangement of transportation to a designated mental health facility.
1270     (19) "Mental illness" means:
1271  (a) a psychiatric disorder that substantially impairs an individual's mental, emotional,
1272  behavioral, or related functioning; or
1273  (b) the same as that term is defined in:
1274  (i) the current edition of the Diagnostic and Statistical Manual of Mental Disorders
1275  published by the American Psychiatric Association; or
1276  (ii) the current edition of the International Statistical Classification of Diseases and
1277  Related Health Problems.
1278     (20) "Mental health treatment" means convulsive treatment, treatment with psychoactive
1279  medication, or admission to and retention in a facility for a period not to exceed 17 days.
1280     (21) "Patient" means an individual who is:
1281  (a) under commitment to the custody or to the treatment services of a local mental health
1282  authority; or
1283  (b) undergoing essential treatment and intervention.
1284     (22) "Physician" means an individual who is:
1285  (a) licensed as a physician under Title 58, Chapter 67, Utah Medical Practice Act; or
1286  (b) licensed as a physician under Title 58, Chapter 68, Utah Osteopathic Medical
  - 38 -
       03-03 09:58  2nd Sub. (Gray) H.B. 183
1287  Practice Act.
1288     (23) "Serious bodily injury" means bodily injury that involves a substantial risk of death,
1289  unconsciousness, extreme physical pain, protracted and obvious disfigurement, or
1290  protracted loss or impairment of the function of a bodily member, organ, or mental
1291  faculty.
1292     (24) "State hospital" means the Utah State Hospital established in Section 26B-5-302.
1293     (25) "Substantial danger" means that due to mental illness, an individual is at serious risk of:
1294  (a) suicide;
1295  (b) serious bodily self-injury;
1296  (c) serious bodily injury because the individual is incapable of providing the basic
1297  necessities of life, including food, clothing, or shelter;
1298  (d) causing or attempting to cause serious bodily injury to another individual;
1299  (e) engaging in harmful sexual conduct; or
1300  (f) if not treated, suffering severe and abnormal mental, emotional, or physical distress
1301  that:
1302  (i) is associated with significant impairment of judgment, reason, or behavior; and
1303  (ii) causes a substantial deterioration of the individual's previous ability to function
1304  independently.
1305     (26) "Treatment" means psychotherapy, medication, including the administration of
1306  psychotropic medication, or other medical treatments that are generally accepted
1307  medical or psychosocial interventions for the purpose of restoring the patient to an
1308  optimal level of functioning in the least restrictive environment.
1309  Section 20. Section 29-2-103 is amended to read:
1310  29-2-103 (Effective 05/06/26). Innkeeper's rights -- Liability -- Prohibition on
1311     discrimination.
1312     (1) An innkeeper may:
1313  (a) refuse or deny accommodations, facilities, or privileges of a lodging establishment to
1314  any person who is:
1315  (i) unwilling or unable to pay for the accommodations and services of the lodging
1316  establishment;
1317  (ii) visibly intoxicated;
1318  (iii) creating a public nuisance;
1319  (iv) in the reasonable belief of the innkeeper, seeking accommodations for any
1320  unlawful purpose, including:
  - 39 -
       2nd Sub. (Gray) H.B. 183  03-03 09:58
1321  (A) the unlawful possession or use of controlled substances in violation of federal
1322  or state law; or
1323  (B) use of the premises for the consumption of alcoholic beverages by any person
1324  under 21 years [of age] old in violation of federal or state law; or
1325  (v) in the reasonable belief of the innkeeper, bringing in property that may be
1326  dangerous to other persons, including firearms or explosives;
1327        (b) require a prospective guest prior to check-in to demonstrate the guest's ability to pay
1328  either in cash, by credit card, or with a validated check;
1329        (c) require a parent or legal guardian of a minor to:
1330  (i) promise in writing to pay all guest room costs, taxes, and charges incurred by the
1331  minor at a lodging establishment and any damages to the lodging establishment
1332  and its furnishings caused by the minor while a guest at the lodging establishment;
1333  (ii) provide an innkeeper with a valid credit card number to cover potential charges
1334  and any potential damages to the lodging establishment and its furnishings caused
1335  by the minor; or
1336  (iii) if a valid credit card is not an option, provide an innkeeper with:
1337  (A) an advance cash payment to cover the guest room costs and taxes for the
1338  anticipated stay of the minor; and
1339  (B) a deposit, not to exceed $500, towards the payment of any charges by the
1340  minor or any damages to the lodging establishment or its furnishings, which
1341  deposit shall be refunded to the extent not used to cover any damages as
1342  determined by the innkeeper following room inspection at check-out;
1343        (d) require a guest to produce a valid driver's license, or other identification satisfactory
1344  to the innkeeper, containing a photograph and the name and address of the guest;
1345        (e) if the guest is a minor, require a parent or guardian of the guest to register and
1346  produce the same identification required in Subsection (1)(d);
1347        (f) limit the number of persons who may occupy a guest room in the lodging
1348  establishment; or
1349        (g) eject a person from a lodging establishment for any of the following reasons:
1350  (i) nonpayment of the lodging establishment's charges for accommodations or
1351  services;
1352  (ii) visible intoxication of the guest;
1353  (iii) disorderly conduct of the guest resulting in a public nuisance; or
1354  (iv) the innkeeper reasonably believes that the person has violated:
  - 40 -
       03-03 09:58  2nd Sub. (Gray) H.B. 183
1355  (A) this chapter or any federal, state, or local law or regulation relating to the
1356  lodging establishment; or
1357  (B) any rule of the lodging establishment posted in a conspicuous place and
1358  manner in the lodging establishment.
1359     (2) An innkeeper may not refuse or deny use of or eject a person from a lodging
1360  establishment's facilities or privileges based upon the person's race, creed, color,
1361  national origin, [gender] sex, disability, or marital status.
1362  Section 21. Section 31A-22-405 is amended to read:
1363  31A-22-405 (Effective 05/06/26). Misstated age or sex.
1364     (1) Subject to Subsection (2), if the age or [gender] sex of the person whose life is at risk is
1365  misstated in an application for a policy of life insurance, and the error is not adjusted
1366  during the person's lifetime, the amount payable under the policy is what the premium
1367  paid would have purchased if the age or [gender] sex had been stated correctly.
1368     (2) If the person whose life is at risk was, at the time the insurance was applied for, beyond
1369  the maximum age limit designated by the insurer, the insurer shall refund at least the
1370  amount of the premiums collected under the policy.
1371  Section 22. Section 31A-22-2004 is amended to read:
1372  31A-22-2004 (Effective 05/06/26). Disclosure and performance standards for
1373     limited long-term care insurance.
1374     (1) A limited long-term care insurance policy may not:
1375  (a) be cancelled, nonrenewed, or otherwise terminated because of the age, [gender] sex,
1376  or the deterioration of the mental or physical health of the insured individual or
1377  certificate holder;
1378  (b) contain a provision establishing a new waiting period if existing coverage is
1379  converted to or replaced by a new or other form within the same insurer, or the
1380  insurer's affiliates, except with respect to an increase in benefits voluntarily selected
1381  by the insured individual or group policyholder; or
1382  (c) provide coverage for skilled nursing care only or provide significantly more coverage
1383  for skilled care in a facility than coverage for lower levels of care.
1384     (2)(a) A limited long-term care insurance policy or certificate may not:
1385  (i) use a definition of "preexisting condition" that is more restrictive than the
1386  definition under this part; or
1387  (ii) exclude coverage for a loss or confinement that is the result of a preexisting
1388  condition, unless the loss or confinement begins within six months after the day
  - 41 -
       2nd Sub. (Gray) H.B. 183  03-03 09:58
1389  on which the coverage of the insured person becomes effective.
1390  (b) A preexisting condition does not prohibit an insurer from:
1391  (i) using an application form designed to elicit the complete health history of an
1392  applicant; or
1393  (ii) on the basis of the answers on the application described in Subsection (2)(b)(i),
1394  underwriting in accordance with the insurer's established underwriting standards.
1395  (c)(i) Unless otherwise provided in the policy or certificate, an insurer may exclude
1396  coverage of a preexisting condition:
1397  (A) for a time period of six months, beginning the day on which the coverage of
1398  the insured person becomes effective; and
1399  (B) regardless of whether the preexisting condition is disclosed on the application.
1400  (ii) A limited long-term care insurance policy or certificate may not exclude or use
1401  waivers or riders of any kind to exclude, limit, or reduce coverage or benefits for
1402  specifically named or described preexisting diseases or physical conditions for
1403  more than a time period of six months, beginning the day on which the coverage
1404  of the insured person becomes effective.
1405     (3)(a) An insurer may not deliver or issue for delivery a limited long-term care insurance
1406  policy that conditions eligibility for any benefits:
1407  (i) on a prior hospitalization requirement;
1408  (ii) provided in an institutional care setting, on the receipt of a higher level of
1409  institutional care; or
1410  (iii) other than waiver of premium, post-confinement, post-acute care, or recuperative
1411  benefits, on a prior institutionalization requirement.
1412  (b) A limited long-term care insurance policy or rider may not condition eligibility for
1413  noninstitutional benefits on the prior or continuing receipt of skilled care services.
1414     (4)(a) If, after examination of a policy, certificate, or rider, a limited long-term care
1415  insurance applicant is not satisfied for any reason, the applicant has the right to:
1416  (i) within 30 days after the day on which the applicant receives the policy, certificate,
1417  endorsement, or rider, return the policy, certificate, endorsement, or rider to the
1418  company or a producer of the company; and
1419  (ii) have the premium refunded.
1420  (b)(i) Each limited long-term care insurance policy, certificate, endorsement, and
1421  rider shall:
1422  (A) have a notice prominently printed on the first page or attached thereto
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       03-03 09:58  2nd Sub. (Gray) H.B. 183
1423  detailing specific instructions to accomplish a return; and
1424  (B) include the following free-look statement or language substantially similar:
1425  "You have 30 days from the day on which you receive this policy certificate,
1426  endorsement, or rider to review it and return it to the company if you decide
1427  not to keep it. You do not have to tell the company why you are returning it. If
1428  you decide not to keep it, simply return it to the company at its administrative
1429  office. Or you may return it to the producer that you bought it from. You must
1430  return it within 30 days of the day you first received it. The company will
1431  refund the full amount of any premium paid within 30 days after it receives the
1432  returned policy, certificate, or rider. The premium refund will be sent directly
1433  to the person who paid it. The policy certificate or rider will be void as if it had
1434  never been issued."
1435  (ii) The requirements described in Subsection (4)(b)(i) do not apply to a certificate
1436  issued to an employee under an employer group limited long-term care insurance
1437  policy.
1438     (5)(a)(i) An insurer shall deliver an outline of coverage to a prospective applicant for
1439  limited long-term care insurance at the time of initial solicitation through means
1440  that prominently direct the attention of the recipient to the document and the
1441  document's purpose.
1442  (ii) In the case of an agent solicitation, the agent shall deliver the outline of coverage
1443  before the presentation of an application or enrollment form.
1444  (iii) In the case of a direct response solicitation, the outline of coverage shall be
1445  presented in conjunction with any application or enrollment form.
1446  (iv)(A) In the case of a policy issued to a group, the outline of coverage is not
1447  required to be delivered if the information described in Subsections (5)(b)(i)
1448  through (iii) is contained in other materials relating to enrollment, including the
1449  certificate.
1450  (B) Upon request, an insurer shall make the other materials described in this
1451  Subsection (5)(a)(iv) available to the commissioner.
1452  (b) An outline of coverage shall include:
1453  (i) a description of the principal benefits and coverage provided in the policy;
1454  (ii) a description of the eligibility triggers for benefits and how the eligibility triggers
1455  are met;
1456  (iii) a statement of the principal exclusions, reductions, and limitations contained in
  - 43 -
       2nd Sub. (Gray) H.B. 183  03-03 09:58
1457  the policy;
1458  (iv) a statement of the terms under which the policy or certificate, or both, may be
1459  continued in force or discontinued, including any reservation in the policy of a
1460  right to change premium[.] ;
1461  (v) a specific description of each continuation or conversion provision of group
1462  coverage;
1463  (vi) a statement that the outline of coverage is a summary only, not a contract of
1464  insurance, and that the policy or group master policy contains governing
1465  contractual provisions;
1466  (vii) a description of the terms under which a person may return the policy or
1467  certificate and have the premium refunded;
1468  (viii) a brief description of the relationship of cost of care and benefits; and
1469  (ix) a statement that discloses to the policyholder or certificate holder that the policy
1470  is not long-term care insurance.
1471     (6) A certificate pursuant to a group limited long-term care insurance policy that is
1472  delivered or issued for delivery in this state shall include:
1473  (a) a description of the principal benefits and coverage provided in the policy;
1474  (b) a statement of the principal exclusions, reductions, and limitations contained in the
1475  policy; and
1476  (c) a statement that the group master policy determines governing contractual provisions.
1477     (7) If an application for a limited long-term care insurance contract or certificate is
1478  approved, the issuer shall deliver the contract or certificate of insurance to the applicant
1479  no later that 30 days after the day on which the application is approved.
1480  Section 23. Section 31A-30-106 is amended to read:
1481  31A-30-106 (Effective 05/06/26). Individual premiums -- Rating restrictions --
1482     Disclosure.
1483     (1) Premium rates for health benefit plans for individuals under this chapter are subject to
1484  this section.
1485  (a) The index rate for a rating period for any class of business may not exceed the index
1486  rate for any other class of business by more than 20%.
1487  (b)(i) For a class of business, the premium rates charged during a rating period to
1488  covered insureds with similar case characteristics for the same or similar
1489  coverage, or the rates that could be charged to the individual under the rating
1490  system for that class of business, may not vary from the index rate by more than
  - 44 -
       03-03 09:58  2nd Sub. (Gray) H.B. 183
1491  30% of the index rate except as provided under Subsection (1)(b)(ii).
1492  (ii) A carrier that offers individual and small employer health benefit plans may use
1493  the small employer index rates to establish the rate limitations for individual
1494  policies, even if some individual policies are rated below the small employer base
1495  rate.
1496        (c) The percentage increase in the premium rate charged to a covered insured for a new
1497  rating period, adjusted pro rata for rating periods less than a year, may not exceed the
1498  sum of the following:
1499  (i) the percentage change in the new business premium rate measured from the first
1500  day of the prior rating period to the first day of the new rating period;
1501  (ii) any adjustment, not to exceed 15% annually and adjusted pro rata for rating
1502  periods of less than one year, due to the claim experience, health status, or
1503  duration of coverage of the covered individuals as determined from the rate
1504  manual for the class of business of the carrier offering an individual health benefit
1505  plan; and
1506  (iii) any adjustment due to change in coverage or change in the case characteristics of
1507  the covered insured as determined from the rate manual for the class of business
1508  of the carrier offering an individual health benefit plan.
1509        (d)(i) A carrier offering an individual health benefit plan shall apply rating factors,
1510  including case characteristics, consistently with respect to all covered insureds in a
1511  class of business.
1512  (ii) Rating factors shall produce premiums for identical individuals that:
1513  (A) differ only by the amounts attributable to plan design; and
1514  (B) do not reflect differences due to the nature of the individuals assumed to select
1515  particular health benefit plans.
1516  (iii) A carrier offering an individual health benefit plan shall treat all health benefit
1517  plans issued or renewed in the same calendar month as having the same rating
1518  period.
1519        (e) For the purposes of this Subsection (1), a health benefit plan that uses a restricted
1520  network provision may not be considered similar coverage to a health benefit plan
1521  that does not use a restricted network provision, provided that use of the restricted
1522  network provision results in substantial difference in claims costs.
1523        (f) A carrier offering a health benefit plan to an individual may not, without prior
1524  approval of the commissioner, use case characteristics other than:
  - 45 -
       2nd Sub. (Gray) H.B. 183  03-03 09:58
1525  (i) age;
1526  (ii) [gender] sex;
1527  (iii) geographic area; and
1528  (iv) family composition.
1529  (g)(i) The commissioner shall establish rules in accordance with Title 63G, Chapter
1530  3, Utah Administrative Rulemaking Act, to:
1531  (A) implement this chapter;
1532  (B) assure that rating practices used by carriers who offer health benefit plans to
1533  individuals are consistent with the purposes of this chapter; and
1534  (C) promote transparency of rating practices of health benefit plans, except that a
1535  carrier may not be required to disclose proprietary information.
1536  (ii) The rules described in Subsection (1)(g)(i) may include rules that:
1537  (A) assure that differences in rates charged for health benefit plans by carriers who
1538  offer health benefit plans to individuals are reasonable and reflect objective
1539  differences in plan design, not including differences due to the nature of the
1540  individuals assumed to select particular health benefit plans; and
1541  (B) prescribe the manner in which case characteristics may be used by carriers
1542  who offer health benefit plans to individuals.
1543  (h) The commissioner shall revise rules issued for Sections 31A-22-602 and 31A-22-605
1544  regarding individual accident and health policy rates to allow rating in accordance
1545  with this section.
1546     (2) For purposes of Subsection (1)(c)(i), if a health benefit plan is a health benefit plan into
1547  which the covered carrier is no longer enrolling new covered insureds, the covered
1548  carrier shall use the percentage change in the base premium rate, provided that the
1549  change does not exceed, on a percentage basis, the change in the new business premium
1550  rate for the most similar health benefit product into which the covered carrier is actively
1551  enrolling new covered insureds.
1552     (3)(a) A covered carrier may not transfer a covered insured involuntarily into or out of a
1553  class of business.
1554  (b) A covered carrier may not offer to transfer a covered insured into or out of a class of
1555  business unless the offer is made to transfer all covered insureds in the class of
1556  business without regard to:
1557  (i) case characteristics;
1558  (ii) claim experience;
  - 46 -
       03-03 09:58  2nd Sub. (Gray) H.B. 183
1559  (iii) health status; or
1560  (iv) duration of coverage since issue.
1561     (4)(a) A carrier who offers a health benefit plan to an individual shall maintain at the
1562  carrier's principal place of business a complete and detailed description of its rating
1563  practices and renewal underwriting practices, including information and
1564  documentation that demonstrate that the carrier's rating methods and practices are:
1565  (i) based upon commonly accepted actuarial assumptions; and
1566  (ii) in accordance with sound actuarial principles.
1567  (b)(i) A carrier subject to this section shall file with the commissioner, on or before
1568  April 1 of each year, in a form, manner, and containing such information as
1569  prescribed by the commissioner, an actuarial certification certifying that:
1570  (A) the carrier is in compliance with this chapter; and
1571  (B) the rating methods of the carrier are actuarially sound.
1572  (ii) A copy of the certification required by Subsection (4)(b)(i) shall be retained by
1573  the carrier at the carrier's principal place of business.
1574  (c) A carrier shall make the information and documentation described in this Subsection
1575  (4) available to the commissioner upon request.
1576  (d) Except as provided in Subsection (1)(g) or required by PPACA, a record submitted
1577  to the commissioner under this section shall be maintained by the commissioner as a
1578  protected record under Title 63G, Chapter 2, Government Records Access and
1579  Management Act.
1580  Section 24. Section 31A-30-106.1 is amended to read:
1581  31A-30-106.1 (Effective 05/06/26). Small employer premiums -- Rating
1582     restrictions -- Disclosure.
1583     (1) Premium rates for small employer health benefit plans under this chapter are subject to
1584  this section.
1585     (2)(a) The index rate for a rating period for any class of business may not exceed the
1586  index rate for any other class of business by more than 20%.
1587  (b) For a class of business, the premium rates charged during a rating period to covered
1588  insureds with similar case characteristics for the same or similar coverage, or the
1589  rates that could be charged to an employer group under the rating system for that
1590  class of business, may not vary from the index rate by more than 30% of the index
1591  rate, except when catastrophic mental health coverage is selected as provided in
1592  Subsection 31A-22-625(2)(d).
  - 47 -
       2nd Sub. (Gray) H.B. 183  03-03 09:58
1593     (3) The percentage increase in the premium rate charged to a covered insured for a new
1594  rating period, adjusted pro rata for rating periods less than a year, may not exceed the
1595  sum of the following:
1596  (a) the percentage change in the new business premium rate measured from the first day
1597  of the prior rating period to the first day of the new rating period;
1598  (b) any adjustment, not to exceed 15% annually and adjusted pro rata for rating periods
1599  of less than one year, due to the claim experience, health status, or duration of
1600  coverage of the covered individuals as determined from the small employer carrier's
1601  rate manual for the class of business, except when catastrophic mental health
1602  coverage is selected as provided in Subsection 31A-22-625(2)(d); and
1603  (c) any adjustment due to change in coverage or change in the case characteristics of the
1604  covered insured as determined for the class of business from the small employer
1605  carrier's rate manual.
1606     (4)(a) Adjustments in rates for claims experience, health status, and duration from issue
1607  may not be charged to individual employees or dependents.
1608  (b) Rating adjustments and factors, including case characteristics, shall be applied
1609  uniformly and consistently to the rates charged for all employees and dependents of
1610  the small employer.
1611  (c) Rating factors shall produce premiums for identical groups that:
1612  (i) differ only by the amounts attributable to plan design; and
1613  (ii) do not reflect differences due to the nature of the groups assumed to select
1614  particular health benefit plans.
1615  (d) A small employer carrier shall treat all health benefit plans issued or renewed in the
1616  same calendar month as having the same rating period.
1617     (5) A health benefit plan that uses a restricted network provision may not be considered
1618  similar coverage to a health benefit plan that does not use a restricted network provision,
1619  provided that use of the restricted network provision results in substantial difference in
1620  claims costs.
1621     (6) The small employer carrier may not use case characteristics other than the following:
1622  (a) age of the employee, in accordance with Subsection (7);
1623  (b) geographic area;
1624  (c) family composition in accordance with Subsection (9);
1625  (d) for plans renewed or effective on or after July 1, 2011, [gender] sex of the employee
1626  and spouse;
  - 48 -
       03-03 09:58  2nd Sub. (Gray) H.B. 183
1627  (e) for an individual age 65 and older, whether the employer policy is primary or
1628  secondary to Medicare; and
1629  (f) a wellness program, in accordance with Subsection (12).
1630     (7) Age limited to:
1631  (a) the following age bands:
1632  (i) less than 20;
1633  (ii) 20-24;
1634  (iii) 25-29;
1635  (iv) 30-34;
1636  (v) 35-39;
1637  (vi) 40-44;
1638  (vii) 45-49;
1639  (viii) 50-54;
1640  (ix) 55-59;
1641  (x) 60-64; and
1642  (xi) 65 and above; and
1643  (b) a standard slope ratio range for each age band, applied to each family composition
1644  tier rating structure under Subsection (9)(b):
1645  (i) as developed by the commissioner by administrative rule; and
1646  (ii) not to exceed an overall ratio as provided in Subsection (8).
1647     (8)(a) The overall ratio permitted in Subsection (7)(b)(ii) may not exceed:
1648  (i) 5:1 for plans renewed or effective before January 1, 2012; and
1649  (ii) 6:1 for plans renewed or effective on or after January 1, 2012; and
1650  (b) the age slope ratios for each age band may not overlap.
1651     (9) Family composition is limited to:
1652  (a) an overall ratio of:
1653  (i) 5:1 or less for plans renewed or effective before January 1, 2012; and
1654  (ii) 6:1 or less for plans renewed or effective on or after January 1, 2012; and
1655  (b) a tier rating structure that includes:
1656  (i) four tiers that include:
1657  (A) employee only;
1658  (B) employee plus spouse;
1659  (C) employee plus a child or children; and
1660  (D) a family, consisting of an employee plus spouse, and a child or children;
  - 49 -
       2nd Sub. (Gray) H.B. 183  03-03 09:58
1661  (ii) for plans renewed or effective on or after January 1, 2012, five tiers that include:
1662  (A) employee only;
1663  (B) employee plus spouse;
1664  (C) employee plus one child;
1665  (D) employee plus two or more children; and
1666  (E) employee plus spouse plus one or more children; or
1667  (iii) for plans renewed or effective on or after January 1, 2012, six tiers that include:
1668  (A) employee only;
1669  (B) employee plus spouse;
1670  (C) employee plus one child;
1671  (D) employee plus two or more children;
1672  (E) employee plus spouse plus one child; and
1673  (F) employee plus spouse plus two or more children.
1674     (10) If a health benefit plan is a health benefit plan into which the small employer carrier is
1675  no longer enrolling new covered insureds, the small employer carrier shall use the
1676  percentage change in the base premium rate, provided that the change does not exceed,
1677  on a percentage basis, the change in the new business premium rate for the most similar
1678  health benefit plan into which the small employer carrier is actively enrolling new
1679  covered insureds.
1680     (11)(a) A covered carrier may not transfer a covered insured involuntarily into or out of
1681  a class of business.
1682  (b) A covered carrier may not offer to transfer a covered insured into or out of a class of
1683  business unless the offer is made to transfer all covered insureds in the class of
1684  business without regard to:
1685  (i) case characteristics;
1686  (ii) claim experience;
1687  (iii) health status; or
1688  (iv) duration of coverage since issue.
1689     (12) Notwithstanding Subsection (4)(b), a small employer carrier may:
1690  (a) offer a wellness program to a small employer group if:
1691  (i) the premium discount to the employer for the wellness program does not exceed
1692  20% of the premium for the small employer group; and
1693  (ii) the carrier offers the wellness program discount uniformly across all small
1694  employer groups;
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       03-03 09:58  2nd Sub. (Gray) H.B. 183
1695  (b) offer a premium discount as part of a wellness program to individual employees in a
1696  small employer group:
1697  (i) to the extent allowed by federal law; and
1698  (ii) if the employee discount based on the wellness program is offered uniformly
1699  across all small employer groups; and
1700  (c) offer a combination of premium discounts for the employer and the employee, based
1701  on a wellness program, if:
1702  (i) the employer discount complies with Subsection (12)(a); and
1703  (ii) the employee discount complies with Subsection (12)(b).
1704     (13)(a) A small employer carrier shall maintain at the small employer carrier's principal
1705  place of business a complete and detailed description of its rating practices and
1706  renewal underwriting practices, including information and documentation that
1707  demonstrate that the small employer carrier's rating methods and practices are:
1708  (i) based upon commonly accepted actuarial assumptions; and
1709  (ii) in accordance with sound actuarial principles.
1710  (b)(i) A small employer carrier shall file with the commissioner on or before April 1
1711  of each year, in a form and manner and containing information as prescribed by
1712  the commissioner, an actuarial certification certifying that:
1713  (A) the small employer carrier is in compliance with this chapter; and
1714  (B) the rating methods of the small employer carrier are actuarially sound.
1715  (ii) A copy of the certification required by Subsection (13)(b)(i) shall be retained by
1716  the small employer carrier at the small employer carrier's principal place of
1717  business.
1718  (c) A small employer carrier shall make the information and documentation described in
1719  this Subsection (13) available to the commissioner upon request.
1720     (14)(a) The commissioner shall establish rules in accordance with Title 63G, Chapter 3,
1721  Utah Administrative Rulemaking Act, to:
1722  (i) implement this chapter; and
1723  (ii) assure that rating practices used by small employer carriers under this section and
1724  carriers for individual plans under Section 31A-30-106 are consistent with the
1725  purposes of this chapter.
1726  (b) The rules may:
1727  (i) assure that differences in rates charged for health benefit plans by carriers are
1728  reasonable and reflect objective differences in plan design, not including
  - 51 -
       2nd Sub. (Gray) H.B. 183  03-03 09:58
1729  differences due to the nature of the groups or individuals assumed to select
1730  particular health benefit plans; and
1731  (ii) prescribe the manner in which case characteristics may be used by small
1732  employer and individual carriers.
1733     (15) Records submitted to the commissioner under this section shall be maintained by the
1734  commissioner as protected records under Title 63G, Chapter 2, Government Records
1735  Access and Management Act.
1736  Section 25. Section 32B-1-407 is amended to read:
1737  32B-1-407 (Effective 05/06/26). Verification of proof of age by applicable
1738     licensees.
1739     (1) As used in this section, "applicable licensee" means:
1740  (a) a dining club;
1741  (b) a bar;
1742  (c) a tavern;
1743  (d) a full-service restaurant;
1744  (e) a limited-service restaurant;
1745  (f) a beer-only restaurant; or
1746  (g) an off-premise beer retailer selling, offering for sale, or furnishing beer as described
1747  in Subsection 32B-7-202(8).
1748     (2) Notwithstanding any other provision of this part, an applicable licensee shall require
1749  that an authorized person for the applicable licensee verify proof of age as provided in
1750  this section.
1751     (3) An authorized person is required to verify proof of age under this section before an
1752  individual:
1753  (a) gains admittance to the premises of a bar licensee or tavern;
1754  (b) procures an alcoholic product on the premises of a dining club licensee; or
1755  (c) procures an alcoholic product in a dispensing area in the premises of a full-service
1756  restaurant licensee, a limited-service restaurant licensee, or a beer-only restaurant
1757  licensee.
1758     (4) To comply with Subsection (3), an authorized person shall:
1759  (a) request the individual present proof of age; and
1760  (b)(i) verify the validity of the proof of age electronically under the verification
1761  program created in Subsection (5); or
1762  (ii) if the proof of age cannot be electronically verified as provided in Subsection
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       03-03 09:58  2nd Sub. (Gray) H.B. 183
1763  (4)(b)(i), request that the individual comply with a process established by the
1764  commission by rule.
1765     (5)(a) The commission shall establish by rule an electronic verification program that
1766  includes the following:
1767  (i) the specifications for the technology used by the applicable licensee to
1768  electronically verify proof of age, including that the technology display to the
1769  person described in Subsection (2) no more than the following for the individual
1770  who presents the proof of age:
1771  (A) the name;
1772  (B) the age;
1773  (C) the number assigned to the individual's proof of age by the issuing authority;
1774  (D) the birth date;
1775  (E) the [gender] sex; and
1776  (F) the status and expiration date of the individual's proof of age; and
1777  (ii) the security measures that shall be used by an applicable licensee to ensure that
1778  information obtained under this section is:
1779  (A) used by the applicable licensee only for purposes of verifying proof of age in
1780  accordance with this section; and
1781  (B) retained by the applicable licensee for seven days after the day on which the
1782  applicable licensee obtains the information.
1783  (b) The commission shall ensure that the electronic verification program described in
1784  Subsection (5)(a) includes technology that recognizes every state's unique hidden
1785  security features located on state issued identification cards to determine the validity
1786  of that particular card.
1787     (6)(a) An applicable licensee may not disclose information obtained under this section
1788  except as provided under this title.
1789  (b) Information obtained under this section is considered a record for any purpose under
1790  Chapter 5, Part 3, Retail Licensee Operational Requirements.
1791  Section 26. Section 34A-5-114 is amended to read:
1792  34A-5-114 (Effective 05/06/26). Limitations on enforceability of nondisclosure
1793     and non-disparagement clauses -- Retaliation prohibited.
1794     (1) As used in this section:
1795  (a) "Confidentiality clause" means a nondisclosure clause or a non-disparagement clause.
1796  (b) "Employee" means a current or a former employee.
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       2nd Sub. (Gray) H.B. 183  03-03 09:58
1797        (c) "Nondisclosure clause" means an agreement between an employee and employer that
1798  prevents, or has the effect of preventing, an employee from disclosing or discussing:
1799  (i) sexual assault;
1800  (ii) allegations of sexual assault;
1801  (iii) sexual harassment; or
1802  (iv) allegations of sexual harassment.
1803        (d) "Non-disparagement clause" means an agreement between an employee and
1804  employer that prohibits, or has the effect of prohibiting, an employee from making a
1805  negative statement that is:
1806  (i) about the employer; and
1807  (ii) related to:
1808  (A) a claim of sexual assault or sexual harassment;
1809  (B) a sexual assault dispute; or
1810  (C) a sexual harassment dispute.
1811        (e) "Post-employment restrictive covenant" means the same as that term is defined in
1812  Section 34-51-102.
1813        (f) "Proprietary information" means an employer's business plan or customer
1814  information.
1815        (g) "Retaliate" means taking an adverse action against an employee because the
1816  employee made an allegation of sexual harassment or assault, including:
1817  (i) discharge;
1818  (ii) suspension;
1819  (iii) demotion; or
1820  (iv) discrimination in the terms, conditions, or privileges of employment.
1821        (h)(i) "Sexual assault" means:
1822  (A) conduct that would constitute a violation of 18 U.S.C. Secs. 2241 through
1823  2244; or
1824  (B) criminal conduct described in Title 76, Chapter 5, Part 4, Sexual Offenses.
1825  (ii) "Sexual assault" does not include criminal conduct described in:
1826  (A) Section 76-5-417, enticing a minor;
1827  (B) Section 76-5-418, sexual battery;
1828  (C) Section 76-5-419, lewdness; or
1829  (D) Section 76-5-420, lewdness involving a child.
1830        (i) "Sexual assault dispute" means a dispute between an employer and the employer's
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       03-03 09:58  2nd Sub. (Gray) H.B. 183
1831  employee relating to alleged sexual assault.
1832  (j) "Sexual harassment" means harassment on the basis of sex[,] or sexual orientation[,
1833  or gender], as prohibited in:
1834  (i) Title VII of the Civil Rights Act of 1964, 42 U.S.C. Sec. 2000e et seq.; or
1835  (ii) Subsection 34A-5-106(1)(a)(i).
1836  (k) "Sexual harassment dispute" means a dispute between an employer and the
1837  employer's employee relating to alleged sexual harassment.
1838     (2)(a) A confidentiality clause regarding sexual misconduct, as a condition of
1839  employment, is against public policy and is void and unenforceable.
1840  (b) After an employee makes an allegation of sexual harassment or sexual assault, an
1841  employer of any sized business, regardless of Subsection 34-5-102(1)(i)(D):
1842  (i) may not retaliate against the employee because the employee made an allegation
1843  of sexual harassment or assault; or
1844  (ii) may not retaliate based on an employee's refusal to enter into a confidentiality
1845  clause or an employment contract that, as a condition of employment, contains a
1846  confidentiality clause.
1847  (c) An employee may, within three business days after the day on which the employee
1848  agrees to a settlement agreement that includes a confidentiality clause regarding
1849  sexual misconduct, withdraw from the settlement agreement.
1850     (3) An employer who attempts to enforce a confidentiality clause in violation of this section:
1851  (a) is liable for all costs, including reasonable attorney fees, resulting from legal action
1852  to enforce the confidentiality clause; and
1853  (b) is not entitled to monetary damages resulting from a breach of a confidentiality
1854  clause.
1855     (4) This section does not:
1856  (a) prohibit an agreement between an employee who alleges sexual assault or sexual
1857  harassment and an employer from containing a nondisclosure clause, a
1858  non-disparagement clause, or any other clause prohibiting disclosure of:
1859  (i) the amount of a monetary settlement; or
1860  (ii) at the request of the employee, facts that could reasonably lead to the
1861  identification of the employee;
1862  (b) prohibit an employer from requiring an employee to:
1863  (i) sign a post-employment restrictive covenant; or
1864  (ii) agree not to disclose an employer's non-public trade secrets, proprietary
  - 55 -
       2nd Sub. (Gray) H.B. 183  03-03 09:58
1865  information, or confidential information that does not involve illegal acts;
1866  (c) authorize an employee to:
1867  (i) disclose data otherwise protected by law or legal privilege; or
1868  (ii) knowingly make statements or disclosures that are false or made with reckless
1869  disregard of the truth;
1870  (d) prohibit an employee from discussing sexual misconduct or allegations of sexual
1871  misconduct in a civil or criminal case when subpoenaed if the sexual misconduct or
1872  allegations of sexual misconduct are against the individual whom the employee
1873  alleged engaged in sexual misconduct;
1874  (e) permit a disclosure that would violate state or federal law; or
1875  (f) limit other grounds that may exist at law or in equity for the unenforceability of a
1876  confidentiality clause.
1877  Section 27. Section 35A-1-207 is amended to read:
1878  35A-1-207 (Effective 05/06/26). State workforce services plan -- Economic
1879     service area plans.
1880        The State Workforce Development Board shall annually maintain and update a state
1881     workforce services plan that includes:
1882     (1) a four-year strategy, as described in 29 U.S.C. Sec. 3112, for the following core
1883  programs:
1884  (a) youth services;
1885  (b) adult employment and training services;
1886  (c) dislocated worker employment and training services;
1887  (d) adult education and literacy activities;
1888  (e) employment services; and
1889  (f) vocational rehabilitation services;
1890     (2) a strategy for aligning and coordinating the core programs;
1891     (3) a strategy for coordinating the workforce needs of job seekers and employers in the
1892  various regions of the state;
1893     (4) planning to ensure that employment centers address the requirements of the special
1894  employment needs population, including:
1895  (a) individuals who have special employment needs based on factors such as race, [
1896  gender] sex, age, disability, economic status, education, language skills, or work
1897  history; and
1898  (b) an "individual with a barrier to employment" as that term is defined in 29 U.S.C.
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       03-03 09:58  2nd Sub. (Gray) H.B. 183
1899  Sec. 3102;
1900     (5) a mechanism for getting consumer and public feedback on department programs;
1901     (6) projected analysis of the workforce needs of employers and clients;
1902     (7) state outcome-based standards for measuring program performance to ensure equitable
1903  service to all clients;
1904     (8) strategies to ensure program responsiveness, universal access, and unified case
1905  management;
1906     (9) strategies to eliminate unnecessary barriers to access services; and
1907     (10) strategies to provide assistance to employees facing employment dislocation and their
1908  employers.
1909  Section 28. Section 42-2-5 is amended to read:
1910  42-2-5 (Effective 05/06/26). Certificate of assumed and of true name -- Contents
1911     -- Execution -- Filing -- Notice.
1912     (1) For purposes of this section, "filed" means the Division of Corporations and
1913  Commercial Code has:
1914  (a) received and approved, as to form, a document submitted under this chapter; and
1915  (b) marked on the face of the document a stamp or seal indicating:
1916  (i) the time of day and date of approval;
1917  (ii) the name of the division; and
1918  (iii) the division director's signature and division seal, or facsimiles of the signature
1919  or seal.
1920     (2) A person who carries on, conducts, or transacts business in this state under an assumed
1921  name, whether that business is carried on, conducted, or transacted as an individual,
1922  association, partnership, corporation, or otherwise, shall:
1923  (a) file with the Division of Corporations and Commercial Code a certificate setting
1924  forth:
1925  (i) the name under which the business is, or is to be carried on, conducted, or
1926  transacted;
1927  (ii) the full true name, or names, of the person owning, and the person carrying on,
1928  conducting, or transacting the business; and
1929  (iii) the location of the principal place of business, and the street address of the
1930  person; and
1931  (b) designate, in accordance with Subsection 16-17-203(1), and maintain a registered
1932  agent in this state.
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       2nd Sub. (Gray) H.B. 183  03-03 09:58
1933     (3) A certificate filed under this section shall be:
1934  (a) executed by the person owning, and the person carrying on, conducting, or
1935  transacting the business;
1936  (b) filed not later than 30 days after the time of commencing to carry on, conduct, or
1937  transact the business; and
1938  (c) submitted in a machine printed format.
1939     (4) A certificate filed with the Division of Corporations and Commercial Code under this
1940  chapter shall include the following notice in a conspicuous place on the face thereof:
1941  NOTICE - THE FILING OF THIS APPLICATION AND ITS APPROVAL BY THE
1942  DIVISION OF CORPORATIONS AND COMMERCIAL CODE DOES NOT AUTHORIZE
1943  THE USE IN THE STATE OF UTAH OF AN ASSUMED NAME IN VIOLATION OF THE
1944  RIGHTS OF ANOTHER UNDER FEDERAL, STATE, OR COMMON LAW (SEE UTAH
1945  CODE ANN. SECTIONS 42-2-5 ET SEQ.).
1946     (5)(a) A certificate filed under this section shall include a portion that allows the person
1947  filing the form to voluntarily disclose the [gender] sex and race of one or more owners
1948  of the entity for which the filing is made.
1949  (b) Race shall be indicated under Subsection (5)(a) by selecting from the categories of
1950  race listed in 15 U.S.C. Sec. 631(f).
1951  (c) A person is not required to provide information under Subsection (5)(a) concerning
1952  the [gender] sex or race of one or more owners of the entity for which the filing is
1953  made.
1954  (d)(i) The Division of Corporations and Commercial Code shall compile information
1955  concerning the [gender] sex or race included on certificates filed with the Division
1956  of Corporations and Commercial Code.
1957  (ii) Information compiled by the Division of Corporations and Commercial Code
1958  under Subsection (5)(d)(i) may be compiled in a manner determined by the
1959  Division of Corporations and Commercial Code by rules made pursuant to Title
1960  63G, Chapter 3, Utah Administrative Rulemaking Act.
1961     (6) A person who carries on, conducts, or transacts business in this state under an assumed
1962  name, whether that business is carried on, conducted, or transacted as an individual,
1963  association, partnership, corporation, or otherwise, may change its registered agent or
1964  the address of its registered agent by filing with the division a statement of change in
1965  accordance with Section 16-17-206.
1966  Section 29. Section 53-1-108 is amended to read:
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       03-03 09:58  2nd Sub. (Gray) H.B. 183
1967  53-1-108 (Effective 05/06/26). Commissioner's powers and duties.
1968     (1) In addition to the responsibilities contained in this title, the commissioner shall:
1969  (a) administer and enforce this title and Title 41, Chapter 12a, Financial Responsibility
1970  of Motor Vehicle Owners and Operators Act;
1971  (b) appoint deputies, inspectors, examiners, clerical workers, and other employees as
1972  required to properly discharge the duties of the department;
1973  (c) make rules:
1974  (i) governing emergency use of signal lights on private vehicles; and
1975  (ii) allowing privately owned vehicles to be designated for part-time emergency use,
1976  as provided in Section 41-6a-310;
1977  (d) set standards for safety belt systems, as required by Section 41-6a-1803;
1978  (e) serve as the cochair of the Emergency Management Administration Council, as
1979  required by Section 53-2a-105;
1980  (f) designate vehicles as "authorized emergency vehicles," as required by Section
1981  41-6a-102; and
1982  (g) on or before January 1, 2003, adopt a written policy that prohibits the stopping,
1983  detention, or search of any person when the action is solely motivated by
1984  considerations of race, color, ethnicity, age, or [gender] sex.
1985     (2) The commissioner may:
1986  (a) subject to the approval of the governor, establish division headquarters at various
1987  places in the state;
1988  (b) issue to a special agent a certificate of authority to act as a peace officer and revoke
1989  that authority for cause, as authorized in Section 56-1-21.5;
1990  (c) create specialized units within the commissioner's office for conducting internal
1991  affairs and aircraft operations as necessary to protect the public safety;
1992  (d) cooperate with any recognized agency in the education of the public in safety and
1993  crime prevention and participate in public or private partnerships, subject to
1994  Subsection (3);
1995  (e) cooperate in applying for and distributing highway safety program funds;
1996  (f) receive and distribute federal funding to further the objectives of highway safety in
1997  compliance with Title 63J, Chapter 5, Federal Funds Procedures Act;
1998  (g) authorize off-duty personal use of Department of Public Safety emergency vehicles;
1999  and
2000  (h) deny or revoke a public or private school's occupancy permit based on the
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       2nd Sub. (Gray) H.B. 183  03-03 09:58
2001  recommendations of the state security chief as described in Section 53-22-102.
2002     (3)(a) Money may not be expended under Subsection (2)(d) for public safety education
2003  unless it is specifically appropriated by the Legislature for that purpose.
2004  (b) Any recognized agency receiving state money for public safety shall file with the
2005  auditor of the state an itemized statement of all its receipts and expenditures.
2006  Section 30. Section 53-8-104 is amended to read:
2007  53-8-104 (Effective 05/06/26). Superintendent's duties.
2008        The superintendent shall:
2009     (1) divide the state highways into sections for the purpose of patrolling and policing;
2010     (2) employ peace officers known as highway patrol troopers to patrol or police the
2011  highways within this state and to enforce the state statutes as required;
2012     (3) establish ranks, grades, and positions in the Highway Patrol and designate the authority
2013  and responsibility in each rank, grade, and position;
2014     (4) establish for the Highway Patrol standards and qualifications and fix prerequisites of
2015  training, education, and experience for each rank, grade, and position;
2016     (5) appoint personnel to each rank, grade, and position necessary for the efficient operation
2017  and administration of the Highway Patrol;
2018     (6) devise and administer examinations designed to test applicants for positions with the
2019  Highway Patrol;
2020     (7) make rules governing the Highway Patrol as appear to the superintendent advisable;
2021     (8) discharge, demote, or temporarily suspend any employee in the Highway Patrol for
2022  cause;
2023     (9) prescribe the uniforms to be worn and the equipment to be used by employees of the
2024  Highway Patrol;
2025     (10) charge against each employee of the Highway Patrol the value of any property of the
2026  state lost or destroyed through the carelessness of the employee;
2027     (11) establish, with the approval of the Division of Finance, the terms and conditions under
2028  which expense allowance should be paid to any employee of the Highway Patrol while
2029  away from his station;
2030     (12) station the Highway Patrol in localities as he finds advisable for the enforcement of the
2031  laws of this state;
2032     (13) conduct in conjunction with the State Board of Education in and through all state
2033  schools an educational campaign in highway safety and work in conjunction with civic
2034  organizations, churches, local units of government, and other organizations that may
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       03-03 09:58  2nd Sub. (Gray) H.B. 183
2035  function in accomplishing the purposes of reducing highway accidents;
2036     (14) provide the initial mandatory uniform items for each new trooper hired after July 1,
2037  1998;
2038     (15) determine by rule a basic uniform allowance system which includes the manner in
2039  which troopers may receive maintenance services and vouchers for basic uniforms and
2040  administer any funds appropriated by the Legislature to the division for that purpose; and
2041     (16) on or before January 1, 2003, adopt a written policy that prohibits the stopping,
2042  detention, or search of any person when the action is solely motivated by considerations
2043  of race, color, ethnicity, age, or [gender] sex.
2044  Section 31. Section 53-10-406 is amended to read:
2045  53-10-406 (Effective 05/06/26). DNA specimen analysis -- Bureau responsibilities.
2046     (1) The bureau shall:
2047  (a) administer and oversee the DNA specimen collection process;
2048  (b) store each DNA specimen and associated records received;
2049  (c) analyze each specimen, or contract with a qualified public or private laboratory to
2050  analyze the specimen, to establish the genetic profile of the donor or to otherwise
2051  determine the identity of the person;
2052  (d) maintain a criminal identification database containing information derived from
2053  DNA analysis;
2054  (e) ensure that the DNA identification system does not provide information allowing
2055  prediction of genetic disease or predisposition to illness;
2056  (f) ensure that only DNA markers routinely used or accepted in the field of forensic
2057  science are used to establish the [gender] sex and unique individual identification of
2058  the donor;
2059  (g) utilize only those DNA analysis procedures that are consistent with, and do not
2060  exceed, procedures established and used by the Federal Bureau of Investigation for
2061  the forensic analysis of DNA;
2062  (h) destroy a DNA specimen obtained under this part if criminal charges have not been
2063  filed within 90 days after booking for an alleged offense under Subsection
2064  53-10-403(2)(c); and
2065  (i) make rules in accordance with Title 63G, Chapter 3, Utah Administrative
2066  Rulemaking Act, establishing procedures for obtaining, transmitting, and analyzing
2067  DNA specimens and for storing and destroying DNA specimens and associated
2068  records, and criminal identification information obtained from the analysis.
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       2nd Sub. (Gray) H.B. 183  03-03 09:58
2069     (2) Procedures for DNA analysis may include all techniques which the department
2070  determines are accurate and reliable in establishing identity.
2071     (3)(a) In accordance with Section 63G-2-305, each DNA specimen and associated
2072  record is classified as protected.
2073  (b) The department may not transfer or disclose any DNA specimen, associated record,
2074  or criminal identification information obtained, stored, or maintained under this
2075  section, except under the provisions of this section.
2076     (4) Notwithstanding Subsection 63G-2-202(1), the department may deny inspection if the
2077  department determines that there is a reasonable likelihood that the inspection would
2078  prejudice a pending criminal investigation.
2079     (5) The department shall adopt procedures governing the inspection of records, DNA
2080  specimens, and challenges to the accuracy of records. The procedures shall
2081  accommodate the need to preserve the materials from contamination and destruction.
2082     (6) A person whose DNA specimen is obtained under this part may, personally or through a
2083  legal representative, submit:
2084  (a) to the court a motion for a court order requiring the destruction of the person's DNA
2085  specimen, associated record, and any criminal identification record created in
2086  connection with that specimen, and removal of the person's DNA record from the
2087  database described in Subsection (1)(d) if:
2088  (i) a final judgment reverses the conviction, judgment, or order that created an
2089  obligation to provide a DNA specimen; or
2090  (ii) all charges arising from the same criminal episode for which the DNA specimen
2091  was obtained under Subsection 53-10-404.5(1)(a) have been resolved by a final
2092  judgment of dismissal with prejudice or acquittal; or
2093  (b) to the department a request for the destruction of the person's DNA specimen, and
2094  associated record, and removal of the person's DNA record from the database
2095  described in Subsection (1)(d) if:
2096  (i) no charge arising from the same criminal episode for which the DNA specimen
2097  was obtained under Subsection 53-10-404.5(1)(a) is filed against the person
2098  within one year after the day on which the person is booked; or
2099  (ii) all charges arising from the same criminal episode for which the DNA specimen
2100  was obtained under Subsection 53-10-404.5(1)(a) have been resolved by a final
2101  judgment of dismissal with prejudice or acquittal.
2102     (7) If charges have been filed against a person whose DNA specimen is obtained under this
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       03-03 09:58  2nd Sub. (Gray) H.B. 183
2103  part and the charges have later been resolved by a final judgment of dismissal with
2104  prejudice or acquittal, or a final judgment is issued reversing a conviction, judgment, or
2105  other order arising from the charges that created an obligation to provide a DNA
2106  specimen, the prosecutor who filed the charges against the person shall notify the person
2107  of the process described in Subsection (6) to request destruction of the DNA specimen
2108  and removal of the person's DNA record from the database described in Subsection
2109  (1)(d).
2110     (8) A court order issued under Subsection (6)(a) may be accompanied by a written notice to
2111  the person advising that state law provides for expungement of criminal charges if the
2112  charge is resolved by a final judgment of dismissal or acquittal.
2113     (9) The department shall destroy the person's DNA specimen, and associated record, and
2114  remove the person's DNA record from the database described in Subsection (1)(d), if:
2115  (a) the person provides the department with:
2116  (i) a court order for destruction described in Subsection (6)(a), and a certified copy of:
2117  (A) the court order reversing the conviction, judgment, or order;
2118  (B) a court order to set aside the conviction; or
2119  (C) the dismissal or acquittal of the charge regarding which the person was
2120  arrested; or
2121  (ii) a written request for destruction of the DNA specimen, and associated record, and
2122  removal of the DNA record from the database described in Subsection (6)(b), and
2123  a certified copy of:
2124  (A) a declination to prosecute from the prosecutor; or
2125  (B) a court document that indicates all charges have been resolved by a final
2126  judgment of dismissal with prejudice or acquittal; and
2127  (b) the department determines that the person is not obligated to submit a DNA
2128  specimen as a result of a separate conviction or adjudication for an offense listed in
2129  Subsection 53-10-403(2).
2130     (10) The department may not destroy a person's DNA specimen or remove a person's DNA
2131  record from the database described in Subsection (1)(d) if the person has a prior
2132  conviction or a pending charge for which collection of a sample is authorized in
2133  accordance with Section 53-10-404.
2134     (11) A DNA specimen, associated record, or criminal identification record created in
2135  connection with that specimen may not be affected by an order to set aside a conviction,
2136  except under the provisions of this section.
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       2nd Sub. (Gray) H.B. 183  03-03 09:58
2137     (12) If funding is not available for analysis of any of the DNA specimens collected under
2138  this part, the bureau shall store the collected specimens until funding is made available
2139  for analysis through state or federal funds.
2140     (13)(a)(i) A person who, due to the person's employment or authority, has possession
2141  of or access to individually identifiable DNA information contained in the state
2142  criminal identification database or the state DNA specimen repository may not
2143  willfully disclose the information in any manner to any individual, agency, or
2144  entity that is not entitled under this part to receive the information.
2145  (ii) A person may not willfully obtain individually identifiable DNA information
2146  from the state criminal identification database or the state DNA repository other
2147  than as authorized by this part.
2148  (iii) A person may not willfully analyze a DNA specimen for any purpose, or to
2149  obtain any information other than as required under this part.
2150  (iv) A person may not willfully fail to destroy or fail to ensure the destruction of a
2151  DNA specimen when destruction is required by this part or by court order.
2152  (b)(i) A person who violates Subsection (13)(a)(i), (ii), or (iii) is guilty of a third
2153  degree felony.
2154  (ii) A person who violates Subsection (13)(a)(iv) is guilty of a class B misdemeanor.
2155  Section 32. Section 53F-4-207 is amended to read:
2156  53F-4-207 (Effective 05/06/26). Student intervention early warning program.
2157     (1) As used in this section:
2158  (a) "Digital program" means a program that provides information for student early
2159  intervention as described in this section.
2160  (b) "Online data reporting tool" means a system described in Section 53E-4-311.
2161     (2)(a) The state board shall, subject to legislative appropriations:
2162  (i) subject to Subsection (2)(c), enhance the online data reporting tool and provide
2163  additional formative actionable data on student outcomes; and
2164  (ii) select through a competitive contract process a provider to provide to an LEA a
2165  digital program as described in this section.
2166  (b) Information collected or used by the state board for purposes of enhancing the online
2167  data reporting tool in accordance with this section may not identify a student
2168  individually.
2169  (c) The state board shall make rules in accordance with Title 63G, Chapter 3, Utah
2170  Administrative Rulemaking Act, to define the primary exceptionalities described in
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       03-03 09:58  2nd Sub. (Gray) H.B. 183
2171  Subsection (3)(e)(ii).
2172     (3) The enhancement to the online data reporting tool and the digital program shall:
2173  (a) be designed with a user-appropriate interface for use by teachers, school
2174  administrators, and parents;
2175  (b) provide reports on a student's results at the student level on:
2176  (i) a national assessment;
2177  (ii) a local assessment; and
2178  (iii) a standards assessment described in Section 53E-4-303;
2179  (c) have the ability to provide data from aggregate student reports based on a student's:
2180  (i) teacher;
2181  (ii) school;
2182  (iii) school district, if applicable; or
2183  (iv) ethnicity;
2184  (d) provide a viewer with the ability to view the data described in Subsection [(2)(c)]
2185  (3)(c) on a single computer screen;
2186  (e) have the ability to compare the performance of students, for each teacher, based on a
2187  student's:
2188  (i) [gender] sex;
2189  (ii) special needs, including primary exceptionality as defined by state board rule;
2190  (iii) English proficiency;
2191  (iv) economic status;
2192  (v) migrant status;
2193  (vi) ethnicity;
2194  (vii) response to tiered intervention;
2195  (viii) response to tiered intervention enrollment date;
2196  (ix) absence rate;
2197  (x) feeder school;
2198  (xi) type of school, including primary or secondary, public or private, Title I, or other
2199  general school-type category;
2200  (xii) course failures; and
2201  (xiii) other criteria, as determined by the state board; and
2202  (f) have the ability to load data from a local, national, or other assessment in the data's
2203  original format within a reasonable time.
2204     (4) Subject to legislative appropriations, the online data reporting tool and digital program
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       2nd Sub. (Gray) H.B. 183  03-03 09:58
2205  shall:
2206  (a) integrate criteria for early warning indicators, including the following criteria:
2207  (i) discipline, including school safety violations;
2208  (ii) attendance;
2209  (iii) behavior;
2210  (iv) course failures; and
2211  (v) other criteria as determined by a local school board or charter school governing
2212  board;
2213  (b) provide a teacher or administrator the ability to view the early warning indicators
2214  described in Subsection (4)(a) with a student's assessment results described in
2215  Subsection (3)(b);
2216  (c) provide data on response to intervention using existing assessments or measures that
2217  are manually added, including assessment and nonacademic measures;
2218  (d) provide a user the ability to share interventions within a reporting environment and
2219  add comments to inform other teachers, administrators, and parents;
2220  (e) save and share reports among different teachers and school administrators, subject to
2221  the student population information a teacher or administrator has the rights to access;
2222  (f) automatically flag a student profile when early warning thresholds, that the state
2223  board defines, are met so that a teacher can easily identify a student who may be in
2224  need of intervention;
2225  (g) incorporate a variety of algorithms to support student learning outcomes and provide
2226  student growth reporting by teacher;
2227  (h) integrate response to intervention tiers and activities as filters for the reporting of
2228  individual student data and aggregated data, including by ethnicity, school, or teacher;
2229  (i) have the ability to generate parent communication to alert the parent of plans or
2230  interventions; and
2231  (j) configure alerts based upon student academic results, including a student's
2232  performance on the previous year's standards assessment described in Section
2233  53E-4-303 or results to appropriate behavior interventions.
2234     (5)(a) The state board shall ensure that each LEA receives access to a digital program
2235  through a provider described in Subsection (2)(a)(ii).
2236  (b) An LEA shall:
2237  (i) pay for 50% of the cost of providing access to the digital program to the LEA; and
2238  (ii) no later than one school year after accessing a digital program, report to the state
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       03-03 09:58  2nd Sub. (Gray) H.B. 183
2239  board in a format required by the state board on:
2240  (A) the effectiveness of the digital program;
2241  (B) positive and negative attributes of the digital program;
2242  (C) recommendations for improving the online data reporting tool; and
2243  (D) any other information regarding a digital program requested by the state board.
2244  (c) The state board shall consider recommendations from an LEA for changes to the
2245  online data reporting tool.
2246     (6) A person shall provide or use information described in this section in accordance with :
2247  (a) Title 53E, Chapter 9, Student Privacy and Data Protection;
2248  (b) Family Education Rights and Privacy Act, 20 U.S.C. Sec. 1232g; and
2249  (c) the parental consent requirements in Section 53E-9-203.
2250     (7)(a) A parent or guardian may opt the parent's or guardian's student into participating
2251  in a survey prepared by an LEA's online data reporting tool described in this section.
2252  (b) An LEA shall provide notice to a parent of:
2253  (i) the administration of a survey described in Subsection (7)(a);
2254  (ii) if applicable, that the survey may request information from students that is non-
2255  academic in nature;
2256  (iii) where the parent may access the survey described in Subsection (7)(a) to be
2257  administered; and
2258  (iv) the opportunity to opt a student out of participating in a survey as described in
2259  Subsection (7)(a).
2260  (c) An LEA shall annually provide notice to parents and guardians on how the LEA
2261  uses student data through the online data reporting tool to provide instruction and
2262  intervention to students.
2263     (8) An LEA may use a different platform from the platform described in Subsection
2264  (2)(a)(ii) if the different platform accomplishes the requirements of this section.
2265  Section 33. Section 53G-5-301 is amended to read:
2266  53G-5-301 (Effective 05/06/26). Charter school authorizer to request
2267     applications for certain types of charter schools.
2268     (1) To meet the unique learning styles and needs of students, a charter school authorizer
2269  shall seek to expand the types of instructional methods and programs offered by schools,
2270  as provided in this section.
2271     (2)(a) A charter school authorizer shall request individuals, groups of individuals, or
2272  nonprofit legal entities to submit an application to a charter school authorizer to
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       2nd Sub. (Gray) H.B. 183  03-03 09:58
2273  establish a charter school that employs new and creative methods to meet the unique
2274  learning styles and needs of students, such as:
2275  (i) a military charter school;
2276  (ii) a charter school that focuses on learning opportunities for students at risk of
2277  academic failure;
2278  (iii) a charter school that focuses on career and technical education;
2279  (iv) a single [gender] sex charter school;
2280  (v) a charter school with an international focus that provides opportunities for the
2281  exchange of students or teachers;
2282  (vi) a charter school that focuses on serving underserved students; or
2283  (vii) an alternative charter school offering programs for nontraditional students.
2284  (b) In addition to a charter school identified in Subsection (2)(a), a charter school
2285  authorizer shall request applications for other types of charter schools that meet the
2286  unique learning styles and needs of students.
2287     (3) A charter school authorizer shall publicize a request for applications to establish a
2288  charter school specified in Subsection (2).
2289     (4) A charter school application submitted pursuant to Subsection (2) shall be subject to the
2290  application and approval procedures in accordance with Section 53G-5-304.
2291     (5) A charter school authorizer and the state board may approve one or more applications
2292  for each charter school described in Subsection (2), subject to the Legislature
2293  appropriating funds for, or authorizing, an increase in charter school enrollment capacity
2294  as described in Section 53G-6-504.
2295     (6) The state board shall submit a request to the Legislature to appropriate funds for, or
2296  authorize, the enrollment of students in charter schools tentatively approved under this
2297  section.
2298  Section 34. Section 53G-6-902 is amended to read:
2299  53G-6-902 (Effective 05/06/26). Participation in school athletic activities.
2300     (1) Notwithstanding any state board rule:
2301  (a) a public school or LEA, or a private school that competes against a public school or
2302  LEA, shall expressly designate school athletic activities and teams as one of the
2303  following, based on sex:
2304  (i) designated for students of the male sex;
2305  (ii) designated for students of the female sex; or
2306  (iii) "coed" or "mixed";
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       03-03 09:58  2nd Sub. (Gray) H.B. 183
2307  (b) a student of the male sex may not compete, and a public school or LEA may not
2308  allow a student of the male sex to compete, with a team designated for students of the
2309  female sex in an interscholastic athletic activity; and
2310  (c) a government entity or licensing or accrediting organization may not entertain a
2311  complaint, open an investigation, or take any other adverse action against a school or
2312  LEA described in Subsection (1)(a) for maintaining separate school athletic activities
2313  for students of the female sex.
2314     (2) Nothing in this section prohibits an LEA or school from allowing a student of either [
2315  gender] sex from participating with a team designated for students of the female sex,
2316  consistent with school policy, outside of competition in an interscholastic athletic
2317  activity, in accordance with Subsection (1)(b).
2318  Section 35. Section 53G-6-1001 is amended to read:
2319  53G-6-1001 (Effective 05/06/26). Definitions.
2320        As used in this part:
2321     (1) "Athletic association" means an association, as that term is defined in Section
2322  53G-7-1101.
2323     (2) "Attempted sex change" means the same as that term is defined in Section 58-67-102.
2324     [(2)] (3) "Birth certificate" means an official record of an individual's date of birth, place of
2325  birth, sex, and parentage, including a supplementary certificate of birth or birth
2326  certificate amendment and amendment history as provided in [Sections] Section
2327  26B-8-110[ and 26B-8-111].
2328     [(3)] (4) "Commission" means the School Activity Eligibility Commission created in
2329  Section 53G-6-1003.
2330     [(4)] (5) "Does not correspond with the sex designation" means that a student's sex
2331  designation for an interscholastic activity in which a student seeks participation does not
2332  correspond with the sex designation on the student's birth certificate or an amendment,
2333  including the amendment history, to the student's birth certificate that the Division of
2334  Vital Records and Statistics provides.
2335     [(5)] (6) "Female-designated" means that an interscholastic activity is designated
2336  specifically for female students.
2337     [(6) "Gender-designated" means that an interscholastic activity or facility is designated
2338  specifically for female or male students.]
2339     (7) "Gender identity" means the same as that term is defined in Section 34A-5-102.
2340     (8) "Interscholastic activity" means an activity in which a student represents the student's
  - 69 -
       2nd Sub. (Gray) H.B. 183  03-03 09:58
2341  school in the activity in competition against another school.
2342     (9) "Male-designated" means that an interscholastic activity is designated specifically for
2343  male students.
2344     (10) "Sex-designated" means that an interscholastic activity or facility is designated
2345  specifically for female or male students.
2346     [(10)] (11) "Student" means a student who is enrolled in a public school that participates in
2347  interscholastic activities.
2348     [(11)] (12) "Unamended birth certificate" means a birth certificate:
2349  (a) with no amendment history; or
2350  (b) with an amendment history that:
2351  (i) does not include [gender-related ] sex-related amendments; or
2352  (ii) includes [gender-related ] sex-related amendments that only:
2353  (A) correct an error or omission resulting from a scrivener's error under
2354  Subsection 26B-8-107(2); or
2355  (B) correct a misidentification of birth sex for an intersex individual under
2356  Subsection 26B-8-107(2).
2357  Section 36. Section 53G-6-1003 is amended to read:
2358  53G-6-1003 (Effective 05/06/26). School Activity Eligibility Commission --
2359     Baseline range.
2360     (1) There is created the School Activity Eligibility Commission.
2361     (2)(a) The commission shall consist of the following members:
2362  (i) the following two members whom the president of the Senate appoints:
2363  (A) a mental health professional; and
2364  (B) a statistician with expertise in the analysis of medical data;
2365  (ii) the following two members whom the speaker of the House of Representatives
2366  appoints:
2367  (A) a physician with expertise in gender identity healthcare, including an
2368  endocrinologist, a family medicine physician, or a pediatrician; and
2369  (B) a sports physiologist, an exercise physiologist, a sports medicine physician, a
2370  pediatrician with experience in youth sports, or an orthopedist or orthopedic
2371  surgeon;
2372  (iii) the following two members whom the governor appoints:
2373  (A) a representative of an athletic association; and
2374  (B) an athletic trainer who serves student athletes on the collegiate level; and
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       03-03 09:58  2nd Sub. (Gray) H.B. 183
2375  (iv) one ad hoc member, serving on a case-by-case basis, who is:
2376  (A) appointed by the athletic association in which the relevant student's school
2377  competes; and
2378  (B) a certified high school coach or official who coaches or officiates in a separate
2379  region or classification from the relevant student's school and in the sport in
2380  which the relevant student seeks eligibility.
2381  (b) An athletic association may prepare and communicate the association's sport-specific
2382  appointments described in Subsection (2)(a)(iv) in preparation for student requests in
2383  a given sport.
2384     (3)(a) A member of the commission described in Subsections (2)(a)(i) through (iii) shall
2385  serve an initial term of one year, subject to reappointment for subsequent terms of
2386  two years.
2387  (b) If a vacancy occurs in the membership of the commission, the individual responsible
2388  for the appointment of the vacant seat as described in Subsection (2) shall fill the
2389  vacancy in the same manner as the original appointment.
2390     (4)(a)(i) Except as provided in Subsection (4)(a)(ii):
2391  (A) all members of the commission constitute a quorum of the commission for a
2392  meeting to determine the eligibility of a student; and
2393  (B) all members of the commission described in Subsections (2)(a)(i) through (iii)
2394  constitute a quorum for any meeting other than the meeting described in
2395  Subsection (4)(a)(i).
2396  (ii) The commission satisfies the quorum requirements described in Subsection
2397  (4)(a)(i) if no more than one of the commission positions described in Subsections
2398  (2)(a)(i) through (iii) is vacant.
2399  (b) An action of a majority of a quorum constitutes an action of the commission.
2400     (5) A majority of the commission members described in Subsections (2)(a)(i) through (iii)
2401  shall elect a chair from among the members described in Subsections (2)(a)(i) through
2402  (iii) to:
2403  (a) schedule meetings of the commission;
2404  (b) set the agenda of commission meetings; and
2405  (c) facilitate discussion among the commission's members.
2406     (6) A commission member:
2407  (a) may not receive compensation or benefits for the member's service on the
2408  commission; and
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       2nd Sub. (Gray) H.B. 183  03-03 09:58
2409  (b) may receive per diem and reimbursement for travel expenses that the commission
2410  member incurs as a commission member at the rates that the Division of Finance
2411  establishes under:
2412  (i) Sections 63A-3-106 and 63A-3-107; and
2413  (ii) rules that the Division of Finance makes under Sections 63A-3-106 and
2414  63A-3-107.
2415     (7) The Department of Government Operations shall provide administrative staff support to
2416  the commission.
2417     (8)(a) The commission shall, to the extent possible based on the available evidence,
2418  establish a baseline range of physical characteristics for students participating in a
2419  specific [gender-designated] sex-designated activity at a specific age to provide the
2420  context for the evaluation of an individual student's eligibility for a given [
2421  gender-designated] sex-designated interscholastic activity under Section 53G-6-1004.
2422  (b) In creating the baseline ranges described in Subsection (8)(a), the commission shall
2423  include the physical characteristics for the age and [gender] sex group in a given [
2424  gender-designated] sex-designated interscholastic activity that are relevant to the
2425  specific interscholastic activity.
2426  (c) The physical characteristics described in Subsection (8)(b) may include height,
2427  weight, physical characteristics relevant to the application of the standard described
2428  in Subsection 53G-6-1004(3), or the extent of physical characteristics affected by
2429  puberty, giving consideration to the practicability of considering the physical
2430  characteristic when making an assessment of an individual student's eligibility under
2431  Section 53G-6-1004.
2432     (9) The following records that relate to the application or analysis of or determination under
2433  this part regarding the eligibility of a specific student shall be classified as a protected
2434  record under Title 63G, Chapter 2, Government Records Access and Management Act:
2435  (a) any record of the commission, including any communication between an athletic
2436  association and the commission; and
2437  (b) any record that a school or LEA possesses.
2438     (10) Members of the commission are immune from suit with respect to all acts done and
2439  actions taken in good faith in carrying out the purposes of this part.
2440     (11) The commission has no authority in relation to eligibility questions other than
2441  participation in a [gender-designated] sex-designated interscholastic activity under this
2442  part.
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       03-03 09:58  2nd Sub. (Gray) H.B. 183
2443  Section 37. Section 53G-6-1004 is amended to read:
2444  53G-6-1004 (Effective 05/06/26). Eligibility for interscholastic activities.
2445     (1)(a) Notwithstanding any state board rule or policy of an athletic association, and
2446  except as provided in Subsections (1)(b) and (c):
2447  (i) once a student has obtained the eligibility approval of the commission under
2448  Subsection (2), unless otherwise prohibited by federal law or a policy of an LEA,
2449  school, or athletic association that governs the relevant interscholastic athletic
2450  activity, the student is eligible under this part to participate in a [gender-designated]
2451  sex-designated interscholastic activity that does not correspond with the sex
2452  designation on the student's unamended birth certificate for the given school year;
2453  and
2454  (ii) if a student does not obtain the eligibility approval of the commission under
2455  Subsection (2), the student may not participate in a [gender-designated]
2456  sex-designated interscholastic activity that does not correspond with the sex
2457  designation on the student's unamended birth certificate.
2458  (b) A student may only participate in a [gender-designated] sex-designated
2459  interscholastic activity that does not correspond with the student's sex, as defined in
2460  Section 68-3-12.5, if the student obtains the eligibility approval of the commission
2461  under Subsection (2).
2462  (c) Nothing in this part prohibits a student from participating in a [gender-designated]
2463  sex-designated interscholastic activity in accordance with 34 C.F.R. Sec. 106.41(b).
2464     (2)(a) When a student registers with an athletic association to participate in a [
2465  gender-designated] sex-designated interscholastic activity:
2466  (i) a student who has undergone or is undergoing [a gender transition] an attempted
2467  sex change shall notify the athletic association of the student's [transition ]
2468  attempted sex change and the need for the commission's eligibility approval as
2469  described in Subsection (1)(b);
2470  (ii) the athletic association shall notify the commission of:
2471  (A) a student for whom an eligibility determination of the commission is required
2472  due to the sex designation on the student's unamended birth certificate not
2473  corresponding with the [gender] sex designation of the [gender-designated]
2474  sex-designated interscholastic activity in which the student seeks to participate
2475  or the student's notice of [a gender transition] an attempted sex change under
2476  Subsection [(1)(b)] (2)(a)(i); and
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       2nd Sub. (Gray) H.B. 183  03-03 09:58
2477  (B) the association's ad hoc appointment to the commission described in
2478  Subsection 53G-6-1003(2)(a)(iv); and
2479  (iii) the athletic association shall notify the student described in this Subsection (2)(a)
2480  regarding the process for determining the student's eligibility for the activity under
2481  this section.
2482        (b) The commission shall:
2483  (i)(A) schedule at least three non-public meetings throughout the school year to
2484  consider any student eligibility notifications described in Subsection (2)(a) the
2485  commission has received at least 14 days before the date of each meeting; and
2486  (B) give notice of each scheduled meeting and the associated 14-day deadline to
2487  the relevant athletic association; and
2488  (ii)(A) if the commission receives a notification described in Subsection (2)(a)
2489  after the 14-day deadline described in Subsection (2)(b)(i), schedule an ad hoc
2490  non-public meeting to consider the given student's eligibility, occurring within
2491  60 days after the day on which the commission receives the notification; and
2492  (B) give notice of the ad hoc meeting to the relevant athletic association and the
2493  parents of each student seeking an eligibility determination.
2494        (c) Before the meeting described in Subsection (2)(b):
2495  (i) the student for whom the commission has scheduled the meeting or the student's
2496  parent or guardian is not required but may submit to the commission any
2497  information the student wishes to disclose to the commission that may be relevant
2498  to the commission's eligibility determination, including information regarding:
2499  (A) the [gender-designated] sex-designated interscholastic activities for which the
2500  student seeks eligibility;
2501  (B) the [gender-designated] sex-designated interscholastic activities in which the
2502  student has previously participated; and
2503  (C) the student's physical characteristics or medical treatments that support the
2504  student's eligibility for the specific [gender-designated] sex-designated
2505  interscholastic activity;
2506  (ii) the commission may request additional evidence from the student that is:
2507  (A) limited to the extent possible to protect the student's privacy; and
2508  (B) only directly relevant to the commission's eligibility determination; and
2509  (iii) the commission may offer the student a voucher to cover the cost of a diagnostic
2510  assessment if the commission makes a request for medical information under
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       03-03 09:58  2nd Sub. (Gray) H.B. 183
2511  Subsection (2)(c)(ii) for which the student's insurance does not provide coverage
2512  or reimbursement for the diagnostic that:
2513  (A) would provide the requested information; and
2514  (B) is not free or otherwise readily available to the student.
2515  (d) During the meeting described in Subsection (2)(b):
2516  (i) only the following individuals may be present or participate electronically:
2517  (A) the student for whom the commission is meeting to make an eligibility
2518  determination;
2519  (B) the student's parents or guardians;
2520  (C) the members and necessary staff of the commission; and
2521  (D) any medical professionals or other witnesses the student chooses to include to
2522  support the student's eligibility;
2523  (ii) attendees may participate in person or electronically; and
2524  (iii) the commission shall:
2525  (A) hear the information that supports the student's eligibility;
2526  (B) deliberate the facts relevant to the student's physical characteristics and
2527  eligibility in camera or otherwise after temporarily excusing from the meeting
2528  the student, the student's parents or legal guardians, and any medical
2529  professionals or other witnesses whom the student includes; and
2530  (C) render the commission's eligibility determination in accordance with
2531  Subsection (3) or request additional information and schedule an additional
2532  commission meeting to be held within 30 days of the meeting and in
2533  accordance with this Subsection (2)(d) to discuss the additional information
2534  and render the commission's eligibility determination.
2535  (e) The commission may not address the commission's application or analysis of or
2536  determination under this part regarding the eligibility of a specific student in a public
2537  meeting or public communication.
2538     (3)(a) In making an eligibility determination, the commission, after considering whether
2539  the student's assertion of a gender identity is consistent with the statutory definition
2540  of gender identity as that term is defined in Section 34A-5-102, including the
2541  implications for the student's mental health of participating in the [gender-designated]
2542  sex-designated interscholastic activity, shall:
2543  (i) make a determination based on a preponderance of the evidence regarding
2544  whether, when measured against the relevant baseline range described in
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       2nd Sub. (Gray) H.B. 183  03-03 09:58
2545  Subsection 53G-6-1003(8), granting the student's eligibility would:
2546  (A) present a substantial safety risk to the student or others that is significantly
2547  greater than the inherent risks of the given activity; or
2548  (B) likely give the student a material competitive advantage, as the commission
2549  defines, when compared to students of the same age competing in the relevant [
2550  gender-designated] sex-designated activity, including consideration of the
2551  student's previous history of participation in [gender-designated] sex-designated
2552  interscholastic activities; and
2553  (ii) record the commission's decision and rationale in writing and provide the written
2554  decision to the athletic association within 30 days after the day on which the
2555  commission renders an eligibility decision under this Subsection (3)(a) in a
2556  meeting described in Subsection (2)(b).
2557  (b) Upon receipt of the commission's determination and rationale under Subsection (3)(a),
2558  the athletic association shall notify the student and the relevant school or LEA of the
2559  commission's determination and rationale.
2560  (c) A school or LEA shall comply with the commission's determination under this
2561  Subsection (3).
2562  (d) An eligibility determination of the commission only applies for the relevant school
2563  year.
2564     (4)(a) Notwithstanding any other provision of law and except as provided in Subsections
2565  (3)(b) and (4)(b), the commission may not disclose:
2566  (i) the name of a student whose eligibility the commission will consider, is
2567  considering, or has considered; or
2568  (ii) the commission's determination regarding a student's eligibility.
2569  (b) The commission shall disclose the commission's determination of a student's
2570  eligibility for a given [gender-designated] sex-designated interscholastic activity to
2571  the relevant athletic association, only for the purpose of confirming whether the
2572  student is eligible for the interscholastic activity.
2573  (c)(i) Notwithstanding any other provision of law, an athletic association may not
2574  disclose the information described in Subsections (4)(a)(i) and (ii).
2575  (ii) Nothing in this Subsection (4) prohibits an athletic association from affirming
2576  that a student is eligible if the eligibility of a student is questioned.
2577  Section 38. Section 53G-6-1101 is amended to read:
2578  53G-6-1101 (Effective 05/06/26). Report -- Action plan.
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       03-03 09:58  2nd Sub. (Gray) H.B. 183
2579     (1) As used in this section:
2580  [(a) "Gender-designated interscholastic sport" means a sport that is specifically
2581  designated for female or male students.]
2582  [(b)] (a) "Interscholastic sport" means an activity in which a student represents the
2583  student's school in the sport in competition against another school.
2584  [(c)] (b) "School" means a public school that sponsors or offers an interscholastic sport in
2585  which students enrolled at the school may participate.
2586  (c) "Sex-designated interscholastic sport" means a sport that is specifically designated
2587  for female or male students.
2588  (d) "Title IX" means Title IX of the Education Amendments of 1972, 20 U.S.C. Sec.
2589  1681 et seq.
2590     (2) Before the beginning of each academic year, the athletic director or another
2591  administrator of each school shall report to the school's local governing board regarding:
2592  (a) the number and type of interscholastic sports available at the school, categorized by [
2593  gender] sex designation;
2594  (b) the number of students competing in a [gender-designated] sex-designated
2595  interscholastic sport at the school, categorized by [gender] sex;
2596  (c) the amount of spending that the school devotes to each [gender-designated]
2597  sex-designated sport, reported in total amount and on a per-student basis;
2598  (d) a comparison and evaluation of designated practice and game locations in [
2599  gender-designated] sex-designated interscholastic sports;
2600  (e) any information regarding the school's efforts in compliance with Title 63G, Chapter
2601  31, Part 2, Distinctions on the Basis of Sex, and Title IX; and
2602  (f) if there is a discrepancy between male-designated and female-designated sports of
2603  10% or greater, an action plan that the school develops to address the discrepancy.
2604     (3) An LEA governing board that receives the report described in Subsection (2) shall
2605  review the report in a public board meeting.
2606  Section 39. Section 53G-8-301 is amended to read:
2607  53G-8-301 (Effective 05/06/26). Emergency safety interventions -- Appropriate
2608     uses -- Penalties.
2609     (1) As used in this section:
2610  (a) "Corporal punishment" means the intentional infliction of physical pain upon the
2611  body of a student as a disciplinary measure.
2612  (b) "Emergency safety intervention" means the use of seclusion or physical restraint
  - 77 -
       2nd Sub. (Gray) H.B. 183  03-03 09:58
2613  when a student presents an immediate danger to self or others.
2614  (c) "Physical escort" means a temporary touching or holding of the hand, wrist, arm,
2615  shoulder, or back for the purpose of guiding a student to another location.
2616  (d) "Physical restraint" means a personal restriction that immobilizes or significantly
2617  reduces the ability of a student to move the student's arms, legs, body, or head freely.
2618  (e) "School" means a public or private elementary school, secondary school, or
2619  preschool.
2620  (f) "Seclusion" means seclusionary time out that is the involuntary confinement of a
2621  student alone in a room or area from which the student is physically prevented from
2622  leaving, including:
2623  (i) placing a student in a locked room; or
2624  (ii) placing a student in a room where the door is blocked by furniture or held closed
2625  by staff.
2626  (g) "Student" means an individual who is:
2627  (i) under [the age of ]19 years old and receiving educational services; or
2628  (ii) under [the age of ]23 years old and receiving educational services as an individual
2629  with a disability.
2630     (2)(a) A school employee shall first use the least restrictive intervention available to the
2631  school employee, including a physical escort, to address circumstances described in
2632  Subsection (4).
2633  (b) Nothing in this section prohibits a school employee from subsequently using less
2634  restrictive interventions to address circumstances described in Subsection (4).
2635     (3)(a) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
2636  the state board shall make rules to:
2637  (i) establish guidelines and best practices that consider individual student needs
2638  related to emergency safety interventions described in Subsection (10)(b);
2639  (ii) establish intervention reporting requirements;
2640  (iii) create school staff training standards that may be included in an existing training;
2641  (iv) develop parental notification procedures;
2642  (v) implement data collection and review processes;
2643  (vi) establish investigation protocols; and
2644  (vii) establish data collection and reporting requirements for an LEA regarding:
2645  (A) incidents of seclusion;
2646  (B) alternative interventions used;
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       03-03 09:58  2nd Sub. (Gray) H.B. 183
2647  (C) student demographic information, including sex,[ gender,] age, grade in
2648  school, and applicable disability status; and
2649  (D) incident outcomes.
2650  (b) The state board shall include the information described in Subsection (3)(a) in the
2651  State Superintendent's Annual Report described in Section 53E-1-203.
2652     (4) A school employee may use reasonable and necessary physical restraint only:
2653  (a) in self defense;
2654  (b) to obtain possession of a weapon or other dangerous object in the possession or
2655  under the control of a student;
2656  (c) to protect a student or another individual from physical injury;
2657  (d) to remove from a situation a student who is violent; or
2658  (e) to protect property from being damaged, when physical safety is at risk.
2659     (5)(a) A school employee may not inflict or cause the infliction of corporal punishment
2660  upon a student.
2661  (b) The reporting and investigation requirements of Title 80, Chapter 2, Part 6, Child
2662  Abuse and Neglect Reports, apply to complaints on corporal punishment.
2663  (c) Evidence of corporal punishment that would qualify as reasonable discipline under
2664  Section 76-2-401 is insufficient to establish liability in a civil or criminal action.
2665  (d) Subject to the Rules of Evidence, evidence of corporal punishment that exceeds
2666  reasonable discipline under Section 76-2-401 may be used by a court to establish
2667  civil or criminal liability.
2668     (6) School authorities shall take prompt and appropriate action, including in-service
2669  training and other administrative action, upon confirming a violation of this section.
2670     (7) The Division of Child and Family Services shall maintain all violation reports made in
2671  accordance with this section under the confidentiality requirements of Section 80-2-1005.
2672     (8) A school or individual who makes a good faith report or cooperates in an investigation
2673  shall receive immunity from civil or criminal liability.
2674     (9) A court with jurisdiction under Title 78A, Judiciary and Judicial Administration, may
2675  take appropriate action against any employing entity if the court finds that the
2676  employing entity has not taken reasonable steps to enforce the provisions of this part.
2677     (10) A school:
2678  (a) may not:
2679  (i) enforce any rule, policy, or directive that permits acts prohibited by this section;
2680  (ii) sanction an employee who refuses to commit a prohibited act; or
  - 79 -
       2nd Sub. (Gray) H.B. 183  03-03 09:58
2681  (iii) except as provided in Subsection (10)(b), use seclusion:
2682  (A) as an intervention or disciplinary practice;
2683  (B) for coercion, retaliation, or humiliation; or
2684  (C) due to inadequate staffing or for the staff member's convenience;
2685  (b) for a student in grade 1 or higher, may use seclusion as an emergency safety
2686  intervention only when:
2687  (i) the LEA has developed and implemented written policies and procedures that:
2688  (A) describe the circumstances under which a staff member may use seclusion;
2689  (B) describe which staff members are authorized to use seclusion;
2690  (C) describe procedures for monitoring a student that is in seclusion;
2691  (D) describe time limitations on the use of seclusion;
2692  (E) require immediate and continuous review of the decision to use seclusion;
2693  (F) require documenting the use of seclusion;
2694  (G) describe record keeping requirements for records related to the use of
2695  seclusion; and
2696  (H) require debriefing of all witnesses, involved staff members, the student who
2697  was secluded, and the parent of the student who was secluded;
2698  (ii) a student poses an immediate and significant threat to the student or others;
2699  (iii) less restrictive interventions have failed;
2700  (iv) a staff member who is familiar to the student is actively supervising the student
2701  for the duration of the seclusion; and
2702  (v) the use is time-limited to a maximum time of 30 minutes and monitored;
2703  (c) if seclusion was used, shall document the reason for its use, duration, and any
2704  alternative strategies attempted; and
2705  (d) shall notify parents immediately, and not to exceed 15 minutes after the use, of any
2706  emergency safety intervention used on the parent's child, including seclusion or
2707  physical restraint.
2708     (11) An LEA shall collect and report data to the state board annually regarding:
2709  (a) an incident; and
2710  (b) for each incident, the:
2711  (i) duration of an intervention used to respond to the incident;
2712  (ii) stated purpose for any intervention used;
2713  (iii) alternative interventions attempted;
2714  (iv) student demographic information, including sex,[ gender,] age, grade in school,
  - 80 -
       03-03 09:58  2nd Sub. (Gray) H.B. 183
2715  and applicable disability status; and
2716  (v) relevant training offered to staff and if the staff involved received the relevant
2717  training without revealing the identity of the staff member.
2718     (12) This section does not apply to:
2719  (a) a law enforcement officer as defined in Section 53-13-103;
2720  (b) a parochial or private school that:
2721  (i) does not receive state funds;
2722  (ii) adopts a policy of exemption from this section; and
2723  (iii) notifies the parents of students in the school of the exemption; or
2724  (c) behavior support intervention which is in compliance with:
2725  (i) Section 76-2-401; and
2726  (ii) state and local rules adopted under Section 53E-7-204.
2727     (13) Any violations of this section, including violations of any standards for seclusion or
2728  physical restraint established by the state board pursuant to this section, shall:
2729  (a) constitute an act of unlawful detention and is subject to the penalty described in
2730  Section 76-5-304; and
2731  (b) result in a referral to:
2732  (i) local law enforcement; and
2733  (ii) the Utah Professional Practices Advisory Commission established in Section
2734  53E-6-501.
2735  Section 40. Section 57-3-107 is amended to read:
2736  57-3-107 (Effective 05/06/26). Unenforceable covenants -- Definition -- Inclusion
2737     in recorded document.
2738     (1) As used in this chapter, "unenforceable covenant" means a restriction on alienation of
2739  real property, whether recited in a document to be recorded under this chapter, or recited
2740  in a document of record under this chapter, which is based on race, [gender] sex, national
2741  origin, marital status, or a similar classification determined to be unenforceable under
2742  state or federal law.
2743     (2) A document which recites an unenforceable covenant may be recorded as provided in
2744  this chapter.
2745     (3) Any unenforceable covenant recited in a document to be recorded under this chapter or
2746  recited in a document of record is considered void, but does not invalidate the remainder
2747  of the document.
2748  Section 41. Section 57-21-2 is amended to read:
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       2nd Sub. (Gray) H.B. 183  03-03 09:58
2749  57-21-2 (Effective 05/06/26). Definitions.
2750        As used in this chapter:
2751     (1) "Affiliate" means the same as that term is defined in Section 16-6a-102.
2752     (2) "Aggrieved person" includes a person who:
2753  (a) claims to have been injured by a discriminatory housing practice; or
2754  (b) believes that the person will be injured by a discriminatory housing practice that is
2755  about to occur.
2756     (3) "Commission" means the Labor Commission.
2757     (4) "Complainant" means an aggrieved person, including the director, who has commenced
2758  a complaint with the division.
2759     (5) "Conciliation" means the attempted resolution of an issue raised in a complaint of
2760  discriminatory housing practices by the investigation of the complaint through informal
2761  negotiations involving the complainant, the respondent, and the division.
2762     (6) "Conciliation agreement" means a written agreement setting forth the resolution of the
2763  issues in conciliation.
2764     (7) "Conciliation conference" means the attempted resolution of an issue raised in a
2765  complaint or by the investigation of a complaint through informal negotiations involving
2766  the complainant, the respondent, and the division. The conciliation conference is not
2767  subject to Title 63G, Chapter 4, Administrative Procedures Act.
2768     (8) "Covered multifamily dwelling" means:
2769  (a) a building consisting of four or more dwelling units if the building has one or more
2770  elevators; and
2771  (b) the ground floor units in other buildings consisting of four or more dwelling units.
2772     (9) "Director" means the director of the division or a designee.
2773     (10)(a) "Disability" means a physical or mental impairment that substantially limits one
2774  or more of a person's major life activities, including a person having a record of such
2775  an impairment or being regarded as having such an impairment.
2776  (b) "Disability" does not include current illegal use of, or addiction to, any federally
2777  controlled substance, as defined in Section 102 of the Controlled Substances Act, 21
2778  U.S.C. Sec. 802.
2779     (11) "Discriminate" includes segregate or separate.
2780     (12) "Discriminatory housing practice" means an act that is unlawful under this chapter.
2781     (13) "Division" means the Division of Antidiscrimination and Labor established under the
2782  commission.
  - 82 -
       03-03 09:58  2nd Sub. (Gray) H.B. 183
2783     (14) "Dwelling" means:
2784  (a) a building or structure, or a portion of a building or structure, occupied as, designed
2785  as, or intended for occupancy as a residence of one or more families; or
2786  (b) vacant land that is offered for sale or lease for the construction or location of a
2787  dwelling as described in Subsection (14)(a).
2788     (15)(a) "Familial status" means one or more individuals who have not attained the age of
2789  18 years old being domiciled with:
2790  (i) a parent or another person having legal custody of the one or more individuals; or
2791  (ii) the designee of the parent or other person having custody, with the written
2792  permission of the parent or other person.
2793  (b) The protections afforded against discrimination on the basis of familial status apply
2794  to a person who:
2795  (i) is pregnant;
2796  (ii) is in the process of securing legal custody of any individual who has not attained
2797  the age of 18 years old; or
2798  (iii) is a single individual.
2799     (16) "Gender identity" has the meaning provided in the Diagnostic and Statistical Manual
2800  (DSM-5). A person's gender identity can be shown by providing evidence, including,
2801  but not limited to, medical history, care or treatment of the gender identity, consistent
2802  and uniform assertion of the gender identity, or other evidence that the gender identity is
2803  sincerely held, part of a person's core identity, and not being asserted for an improper
2804  purpose.
2805     (17) "National origin" means the place of birth of an individual or of any lineal ancestors.
2806     (18) "Person" includes one or more individuals, corporations, limited liability companies,
2807  partnerships, associations, labor organizations, legal representatives, mutual companies,
2808  joint-stock companies, trusts, unincorporated organizations, trustees, trustees in cases
2809  under the United States Bankruptcy Code, receivers, and fiduciaries.
2810     (19) "Presiding officer" has the same meaning as provided in Section 63G-4-103.
2811     (20) "Real estate broker" or "salesperson" means a principal broker, an associate broker, or
2812  a sales agent as those terms are defined in Section 61-2f-102.
2813     (21) "Respondent" means a person against whom a complaint of housing discrimination has
2814  been initiated.
2815     (22) "Sex" means [gender] the same as that term is defined in Section 68-3-12.5 and
2816  includes pregnancy, childbirth, and disabilities related to pregnancy or childbirth.
  - 83 -
       2nd Sub. (Gray) H.B. 183  03-03 09:58
2817     (23) "Sexual orientation" means an individual's actual or perceived orientation as
2818  heterosexual, homosexual, or bisexual.
2819     (24) "Source of income" means the verifiable condition of being a recipient of federal, state,
2820  or local assistance, including medical assistance, or of being a tenant receiving federal,
2821  state, or local subsidies, including rental assistance or rent supplements.
2822  Section 42. Section 58-37f-301 is amended to read:
2823  58-37f-301 (Effective 05/06/26). Access to database.
2824     (1) The division shall make rules, in accordance with Title 63G, Chapter 3, Utah
2825  Administrative Rulemaking Act, to:
2826  (a) effectively enforce the limitations on access to the database as described in this part;
2827  and
2828  (b) establish standards and procedures to ensure accurate identification of individuals
2829  requesting information or receiving information without request from the database.
2830     (2) The division shall make information in the database and information obtained from
2831  other state or federal prescription monitoring programs by means of the database
2832  available only to the following individuals, in accordance with the requirements of this
2833  chapter and division rules:
2834  (a)(i) personnel of the division specifically assigned to conduct investigations related
2835  to controlled substance laws under the jurisdiction of the division; and
2836  (ii) the following law enforcement officers, but the division may only provide
2837  nonidentifying information, limited to [gender] sex, year of birth, and postal ZIP
2838  code, regarding individuals for whom a controlled substance has been prescribed
2839  or to whom a controlled substance has been dispensed:
2840  (A) a law enforcement agency officer who is engaged in a joint investigation with
2841  the division; and
2842  (B) a law enforcement agency officer to whom the division has referred a
2843  suspected criminal violation of controlled substance laws;
2844  (b) authorized division personnel engaged in analysis of controlled substance
2845  prescription information as a part of the assigned duties and responsibilities of their
2846  employment;
2847  (c) a board member if:
2848  (i) the board member is assigned to monitor a licensee on probation; and
2849  (ii) the board member is limited to obtaining information from the database regarding
2850  the specific licensee on probation;
  - 84 -
       03-03 09:58  2nd Sub. (Gray) H.B. 183
2851        (d) a person the division authorizes to obtain that information on behalf of the Utah
2852  Professionals Health Program established in Subsection 58-4a-103(1) if:
2853  (i) the person the division authorizes is limited to obtaining information from the
2854  database regarding the person whose conduct is the subject of the division's
2855  consideration; and
2856  (ii) the conduct that is the subject of the division's consideration includes a violation
2857  or a potential violation of Chapter 37, Utah Controlled Substances Act, or another
2858  relevant violation or potential violation under this title;
2859        (e) in accordance with a written agreement entered into with the department, employees
2860  of the Department of Health and Human Services:
2861  (i) whom the director of the Department of Health and Human Services assigns to
2862  conduct scientific studies regarding the use or abuse of controlled substances, if
2863  the identity of the individuals and pharmacies in the database are confidential and
2864  are not disclosed in any manner to any individual who is not directly involved in
2865  the scientific studies;
2866  (ii) when the information is requested by the Department of Health and Human
2867  Services in relation to a person or provider whom the Department of Health and
2868  Human Services suspects may be improperly obtaining or providing a controlled
2869  substance; or
2870  (iii) in the medical examiner's office;
2871        (f) in accordance with a written agreement entered into with the department, a designee
2872  of the director of the Department of Health and Human Services, who is not an
2873  employee of the Department of Health and Human Services, whom the director of the
2874  Department of Health and Human Services assigns to conduct scientific studies
2875  regarding the use or abuse of controlled substances pursuant to an application process
2876  established in rule by the Department of Health and Human Services, if:
2877  (i) the designee provides explicit information to the Department of Health and
2878  Human Services regarding the purpose of the scientific studies;
2879  (ii) the scientific studies to be conducted by the designee:
2880  (A) fit within the responsibilities of the Department of Health and Human
2881  Services for health and welfare;
2882  (B) are reviewed and approved by an Institutional Review Board that is approved
2883  for human subject research by the United States Department of Health and
2884  Human Services;
  - 85 -
       2nd Sub. (Gray) H.B. 183  03-03 09:58
2885  (C) are not conducted for profit or commercial gain; and
2886  (D) are conducted in a research facility, as defined by division rule, that is
2887  associated with a university or college accredited by one or more regional or
2888  national accrediting agencies recognized by the United States Department of
2889  Education;
2890  (iii) the designee protects the information as a business associate of the Department
2891  of Health and Human Services; and
2892  (iv) the identity of the prescribers, patients, and pharmacies in the database are
2893  de-identified, confidential, and not disclosed in any manner to the designee or to
2894  any individual who is not directly involved in the scientific studies;
2895        (g) in accordance with a written agreement entered into with the department and the
2896  Department of Health and Human Services, authorized employees of a managed care
2897  organization, as defined in 42 C.F.R. Sec. 438, if:
2898  (i) the managed care organization contracts with the Department of Health and
2899  Human Services under the provisions of Section 26B-3-202 and the contract
2900  includes provisions that:
2901  (A) require a managed care organization employee who will have access to
2902  information from the database to submit to a criminal background check; and
2903  (B) limit the authorized employee of the managed care organization to requesting
2904  either the division or the Department of Health and Human Services to conduct
2905  a search of the database regarding a specific Medicaid enrollee and to report
2906  the results of the search to the authorized employee; and
2907  (ii) the information is requested by an authorized employee of the managed care
2908  organization in relation to a person who is enrolled in the Medicaid program with
2909  the managed care organization, and the managed care organization suspects the
2910  person may be improperly obtaining or providing a controlled substance;
2911        (h) a licensed practitioner having authority to prescribe controlled substances, to the
2912  extent the information:
2913  (i)(A) relates specifically to a current or prospective patient of the practitioner; and
2914  (B) is provided to or sought by the practitioner for the purpose of:
2915  (I) prescribing or considering prescribing any controlled substance to the
2916  current or prospective patient;
2917  (II) diagnosing the current or prospective patient;
2918  (III) providing medical treatment or medical advice to the current or
  - 86 -
       03-03 09:58  2nd Sub. (Gray) H.B. 183
2919  prospective patient; or
2920  (IV) determining whether the current or prospective patient:
2921  (Aa) is attempting to fraudulently obtain a controlled substance from the
2922  practitioner; or
2923  (Bb) has fraudulently obtained, or attempted to fraudulently obtain, a
2924  controlled substance from the practitioner;
2925  (ii)(A) relates specifically to a former patient of the practitioner; and
2926  (B) is provided to or sought by the practitioner for the purpose of determining
2927  whether the former patient has fraudulently obtained, or has attempted to
2928  fraudulently obtain, a controlled substance from the practitioner;
2929  (iii) relates specifically to an individual who has access to the practitioner's Drug
2930  Enforcement Administration identification number, and the practitioner suspects
2931  that the individual may have used the practitioner's Drug Enforcement
2932  Administration identification number to fraudulently acquire or prescribe a
2933  controlled substance;
2934  (iv) relates to the practitioner's own prescribing practices, except when specifically
2935  prohibited by the division by administrative rule;
2936  (v) relates to the use of the controlled substance database by an employee of the
2937  practitioner, described in Subsection (2)(i); or
2938  (vi) relates to any use of the practitioner's Drug Enforcement Administration
2939  identification number to obtain, attempt to obtain, prescribe, or attempt to
2940  prescribe, a controlled substance;
2941        (i) in accordance with Subsection (3)(a), an employee of a practitioner described in
2942  Subsection (2)(h), for a purpose described in Subsection (2)(h)(i) or (ii), if:
2943  (i) the employee is designated by the practitioner as an individual authorized to
2944  access the information on behalf of the practitioner;
2945  (ii) the practitioner provides written notice to the division of the identity of the
2946  employee; and
2947  (iii) the division:
2948  (A) grants the employee access to the database; and
2949  (B) provides the employee with a password that is unique to that employee to
2950  access the database in order to permit the division to comply with the
2951  requirements of Subsection 58-37f-203(7) with respect to the employee;
2952        (j) an employee of the same business that employs a licensed practitioner under
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       2nd Sub. (Gray) H.B. 183  03-03 09:58
2953  Subsection (2)(h) if:
2954  (i) the employee is designated by the practitioner as an individual authorized to
2955  access the information on behalf of the practitioner;
2956  (ii) the practitioner and the employing business provide written notice to the division
2957  of the identity of the designated employee; and
2958  (iii) the division:
2959  (A) grants the employee access to the database; and
2960  (B) provides the employee with a password that is unique to that employee to
2961  access the database in order to permit the division to comply with the
2962  requirements of Subsection 58-37f-203(7) with respect to the employee;
2963        (k) a licensed pharmacist having authority to dispense a controlled substance, or a
2964  licensed pharmacy intern or pharmacy technician working under the general
2965  supervision of a licensed pharmacist, to the extent the information is provided or
2966  sought for the purpose of:
2967  (i) dispensing or considering dispensing any controlled substance;
2968  (ii) determining whether a person:
2969  (A) is attempting to fraudulently obtain a controlled substance from the pharmacy,
2970  practitioner, or health care facility; or
2971  (B) has fraudulently obtained, or attempted to fraudulently obtain, a controlled
2972  substance from the pharmacy, practitioner, or health care facility;
2973  (iii) reporting to the controlled substance database; or
2974  (iv) verifying the accuracy of the data submitted to the controlled substance database
2975  on behalf of a pharmacy where the licensed pharmacist, pharmacy intern, or
2976  pharmacy technician is employed;
2977        (l) pursuant to a valid search warrant, federal, state, and local law enforcement officers
2978  and state and local prosecutors who are engaged in an investigation related to:
2979  (i) one or more controlled substances; and
2980  (ii) a specific person who is a subject of the investigation;
2981        (m) subject to Subsection (7), a probation or parole officer, employed by the Division of
2982  Adult Probation and Parole created in Section 64-14-202 or by a political
2983  subdivision, to gain access to database information necessary for the officer's
2984  supervision of a specific probationer or parolee who is under the officer's direct
2985  supervision;
2986        (n) employees of the Office of Internal Audit within the Department of Health and
  - 88 -
       03-03 09:58  2nd Sub. (Gray) H.B. 183
2987  Human Services who are engaged in their specified duty of ensuring Medicaid
2988  program integrity under Section 26B-3-104;
2989        (o) a mental health therapist, if:
2990  (i) the information relates to a patient who is:
2991  (A) enrolled in a licensed substance abuse treatment program; and
2992  (B) receiving treatment from, or under the direction of, the mental health therapist
2993  as part of the patient's participation in the licensed substance abuse treatment
2994  program described in Subsection (2)(o)(i)(A);
2995  (ii) the information is sought for the purpose of determining whether the patient is
2996  using a controlled substance while the patient is enrolled in the licensed substance
2997  abuse treatment program described in Subsection (2)(o)(i)(A); and
2998  (iii) the licensed substance abuse treatment program described in Subsection
2999  (2)(o)(i)(A) is associated with a practitioner who:
3000  (A) is a physician, a physician assistant, an advance practice registered nurse, or a
3001  pharmacist; and
3002  (B) is available to consult with the mental health therapist regarding the
3003  information obtained by the mental health therapist, under this Subsection
3004  (2)(o), from the database;
3005        (p) an individual who is the recipient of a controlled substance prescription entered into
3006  the database, upon providing evidence satisfactory to the division that the individual
3007  requesting the information is in fact the individual about whom the data entry was
3008  made;
3009        (q) an individual under Subsection (2)(p) for the purpose of obtaining a list of the
3010  persons and entities that have requested or received any information from the
3011  database regarding the individual, except if the individual's record is subject to a
3012  pending or current investigation as authorized under this Subsection (2);
3013        (r) the inspector general, or a designee of the inspector general, of the Office of
3014  Inspector General of Medicaid Services, for the purpose of fulfilling the duties
3015  described in Title 63A, Chapter 13, Part 2, Office and Powers;
3016        (s) the following licensed physicians for the purpose of reviewing and offering an
3017  opinion on an individual's request for workers' compensation benefits under Title
3018  34A, Chapter 2, Workers' Compensation Act, or Title 34A, Chapter 3, Utah
3019  Occupational Disease Act:
3020  (i) a member of the medical panel described in Section 34A-2-601;
  - 89 -
       2nd Sub. (Gray) H.B. 183  03-03 09:58
3021  (ii) a physician employed as medical director for a licensed workers' compensation
3022  insurer or an approved self-insured employer; or
3023  (iii) a physician offering a second opinion regarding treatment;
3024  (t) members of Utah's Opioid Fatality Review Committee, for the purpose of reviewing a
3025  specific fatality due to opioid use and recommending policies to reduce the frequency
3026  of opioid use fatalities;
3027  (u) a licensed pharmacist who is authorized by a managed care organization as defined
3028  in Section 31A-1-301 to access the information on behalf of the managed care
3029  organization, if:
3030  (i) the managed care organization believes that an enrollee of the managed care
3031  organization has obtained or provided a controlled substance in violation of a
3032  medication management program contract between the enrollee and the managed
3033  care organization; and
3034  (ii) the managed care organization included a description of the medication
3035  management program in the enrollee's outline of coverage described in Subsection
3036  31A-22-605(7); and
3037  (v) the Utah Medicaid Fraud Control Unit of the attorney general's office for the purpose
3038  of investigating active cases, in exercising the unit's authority to investigate and
3039  prosecute Medicaid fraud, abuse, neglect, or exploitation under 42 U.S.C. Sec.
3040  1396b(q).
3041     (3)(a) A practitioner described in Subsection (2)(h) may designate one or more
3042  employees to access information from the database under Subsection (2)(i), (2)(j), or
3043  (4)(c).
3044  (b) The division shall make rules, in accordance with Title 63G, Chapter 3, Utah
3045  Administrative Rulemaking Act, to:
3046  (i) establish background check procedures to determine whether an employee
3047  designated under Subsection (2)(i), (2)(j), or (4)(c) should be granted access to the
3048  database;
3049  (ii) establish the information to be provided by an emergency department employee
3050  under Subsection (4); and
3051  (iii) facilitate providing controlled substance prescription information to a third party
3052  under Subsection (5).
3053  (c) The division shall grant an employee designated under Subsection (2)(i), (2)(j), or
3054  (4)(c) access to the database, unless the division determines, based on a background
  - 90 -
       03-03 09:58  2nd Sub. (Gray) H.B. 183
3055  check, that the employee poses a security risk to the information contained in the
3056  database.
3057     (4)(a) An individual who is employed in the emergency department of a hospital may
3058  exercise access to the database under this Subsection (4) on behalf of a licensed
3059  practitioner if the individual is designated under Subsection (4)(c) and the licensed
3060  practitioner:
3061  (i) is employed or privileged to work in the emergency department;
3062  (ii) is treating an emergency department patient for an emergency medical condition;
3063  and
3064  (iii) requests that an individual employed in the emergency department and
3065  designated under Subsection (4)(c) obtain information regarding the patient from
3066  the database as needed in the course of treatment.
3067  (b) The emergency department employee obtaining information from the database shall,
3068  when gaining access to the database, provide to the database the name and any
3069  additional identifiers regarding the requesting practitioner as required by division
3070  administrative rule established under Subsection (3)(b).
3071  (c) An individual employed in the emergency department under this Subsection (4) may
3072  obtain information from the database as provided in Subsection (4)(a) if:
3073  (i) the employee is designated by the hospital as an individual authorized to access
3074  the information on behalf of the emergency department practitioner;
3075  (ii) the hospital operating the emergency department provide written notice to the
3076  division of the identity of the designated employee; and
3077  (iii) the division:
3078  (A) grants the employee access to the database; and
3079  (B) provides the employee with a password that is unique to that employee to
3080  access the database.
3081  (d) The division may impose a fee, in accordance with Section 63J-1-504, on a
3082  practitioner who designates an employee under Subsection (2)(i), (2)(j), or (4)(c) to
3083  pay for the costs incurred by the division to conduct the background check and make
3084  the determination described in Subsection (3)(b).
3085     (5)(a)(i) An individual may request that the division provide the information under
3086  Subsection (5)(b) to a third party who is designated by the individual each time a
3087  controlled substance prescription for the individual is dispensed.
3088  (ii) The division shall upon receipt of the request under this Subsection (5)(a) advise
  - 91 -
       2nd Sub. (Gray) H.B. 183  03-03 09:58
3089  the individual in writing that the individual may direct the division to discontinue
3090  providing the information to a third party and that notice of the individual's
3091  direction to discontinue will be provided to the third party.
3092  (b) The information the division shall provide under Subsection (5)(a) is:
3093  (i) the fact a controlled substance has been dispensed to the individual, but without
3094  identifying the controlled substance; and
3095  (ii) the date the controlled substance was dispensed.
3096  (c)(i) An individual who has made a request under Subsection (5)(a) may direct that
3097  the division discontinue providing information to the third party.
3098  (ii) The division shall:
3099  (A) notify the third party that the individual has directed the division to no longer
3100  provide information to the third party; and
3101  (B) discontinue providing information to the third party.
3102     (6)(a) An individual who is granted access to the database based on the fact that the
3103  individual is a licensed practitioner or a mental health therapist shall be denied access
3104  to the database when the individual is no longer licensed.
3105  (b) An individual who is granted access to the database based on the fact that the
3106  individual is a designated employee of a licensed practitioner shall be denied access
3107  to the database when the practitioner is no longer licensed.
3108     (7) A probation or parole officer is not required to obtain a search warrant to access the
3109  database in accordance with Subsection (2)(m).
3110     (8) The division shall review and adjust the database programming which automatically
3111  logs off an individual who is granted access to the database under Subsections (2)(h),
3112  (2)(i), (2)(j), and (4)(c) to maximize the following objectives:
3113  (a) to protect patient privacy;
3114  (b) to reduce inappropriate access; and
3115  (c) to make the database more useful and helpful to a person accessing the database
3116  under Subsections (2)(h), (2)(i), (2)(j), and (4)(c), especially in high usage locations
3117  such as an emergency department.
3118     (9) Any person who knowingly and intentionally accesses the database without express
3119  authorization under this section is guilty of a class A misdemeanor.
3120  Section 43. Section 58-67-102 is amended to read:
3121  58-67-102 (Effective 05/06/26). Definitions.
3122        In addition to the definitions in Section 58-1-102, as used in this chapter:
  - 92 -
       03-03 09:58  2nd Sub. (Gray) H.B. 183
3123     (1)(a) "Ablative procedure" means a procedure that is expected to excise, vaporize,
3124  disintegrate, or remove living tissue, including the use of carbon dioxide lasers and
3125  erbium: YAG lasers.
3126  (b) "Ablative procedure" does not include:
3127  (i) hair removal;
3128  (ii) laser tattoo removal; or
3129  (iii) cryolipolysis.
3130     (2) "ACGME" means the Accreditation Council for Graduate Medical Education of the
3131  American Medical Association.
3132     (3) "Administrative penalty" means a monetary fine or citation imposed by the division for
3133  acts or omissions determined to constitute unprofessional or unlawful conduct, in
3134  accordance with a fine schedule established by the division in collaboration with the
3135  board, as a result of an adjudicative proceeding conducted in accordance with Title 63G,
3136  Chapter 4, Administrative Procedures Act.
3137     (4) "Associate physician" means an individual licensed under Section 58-67-302.8.
3138     (5) "Attempted sex change" means an attempt or effort to change an individual's body to
3139  present that individual as being of a sex [or gender ]that is different from the individual's
3140  biological sex at birth.
3141     (6) "Biological sex at birth" means an individual's sex, as being male or female, according
3142  to distinct reproductive roles as manifested by:
3143  (a) sex and reproductive organ anatomy;
3144  (b) chromosomal makeup; and
3145  (c) endogenous hormone profiles.
3146     (7) "Board" means the Medical Licensing Board created in Section 58-67-201.
3147     (8) "Collaborating physician" means an individual licensed under Section 58-67-302 who
3148  enters into a collaborative practice arrangement with an associate physician.
3149     (9) "Collaborative practice arrangement" means the arrangement described in Section
3150  58-67-807.
3151     (10)(a) "Cosmetic medical device" means tissue altering energy based devices that have
3152  the potential for altering living tissue and that are used to perform ablative or
3153  nonablative procedures, such as American National Standards Institute designated
3154  Class IIIb and Class IV lasers, intense pulsed light, radio frequency devices, and
3155  lipolytic devices, and excludes American National Standards Institute designated
3156  Class IIIa and lower powered devices.
  - 93 -
       2nd Sub. (Gray) H.B. 183  03-03 09:58
3157  (b) Notwithstanding Subsection (10)(a), if an American National Standards Institute
3158  designated Class IIIa and lower powered device is being used to perform an ablative
3159  procedure, the device is included in the definition of cosmetic medical device under
3160  Subsection (10)(a).
3161     (11)(a) "Cosmetic medical procedure" includes:
3162  (i) the use of cosmetic medical devices to perform ablative or nonablative
3163  procedures; or
3164  (ii) the injection of medication or substance, including a neurotoxin or a filler, for
3165  cosmetic purposes.
3166  (b) "Cosmetic medical procedure" does not include a treatment of the ocular globe
3167  including refractive surgery.
3168     (12) "Diagnose" means:
3169  (a) to examine in any manner another person, parts of a person's body, substances,
3170  fluids, or materials excreted, taken, or removed from a person's body, or produced by
3171  a person's body, to determine the source, nature, kind, or extent of a disease or other
3172  physical or mental condition;
3173  (b) to attempt to conduct an examination or determination described under Subsection
3174  (12)(a);
3175  (c) to hold oneself out as making or to represent that one is making an examination or
3176  determination as described in Subsection (12)(a); or
3177  (d) to make an examination or determination as described in Subsection (12)(a) upon or
3178  from information supplied directly or indirectly by another person, whether or not in
3179  the presence of the person making or attempting the diagnosis or examination.
3180     (13) "LCME" means the Liaison Committee on Medical Education of the American
3181  Medical Association.
3182     (14) "Medical assistant" means an unlicensed individual who may perform tasks as
3183  described in Subsection 58-67-305(6).
3184     (15) "Medically underserved area" means a geographic area in which there is a shortage of
3185  primary care health services for residents, as determined by the Department of Health
3186  and Human Services.
3187     (16) "Medically underserved population" means a specified group of people living in a
3188  defined geographic area with a shortage of primary care health services, as determined
3189  by the Department of Health and Human Services.
3190     (17)(a)(i) "Nonablative procedure" means a procedure that is expected or intended to
  - 94 -
       03-03 09:58  2nd Sub. (Gray) H.B. 183
3191  alter living tissue, but is not intended or expected to excise, vaporize, disintegrate,
3192  or remove living tissue.
3193  (ii) Notwithstanding Subsection (17)(a)(i) nonablative procedure includes hair
3194  removal.
3195  (b) "Nonablative procedure" does not include:
3196  (i) a superficial procedure as defined in Section 58-1-102;
3197  (ii) the application of permanent make-up;
3198  (iii) laser tattoo removal; or
3199  (iv) the use of photo therapy and lasers for neuromusculoskeletal treatments that are
3200  performed by an individual licensed under this title who is acting within the
3201  individual's scope of practice.
3202     (18) "Physician" means both physicians and surgeons licensed under Part 3, Licensing, and
3203  osteopathic physicians and surgeons licensed under Chapter 68, Part 3, Licensing.
3204     (19)(a) "Practice of medicine" means:
3205  (i) to diagnose, treat, correct, administer anesthesia, or prescribe for any human
3206  disease, ailment, injury, infirmity, deformity, pain or other condition, physical or
3207  mental, real or imaginary, including to perform cosmetic medical procedures, or to
3208  attempt to do so, by any means or instrumentality, and by an individual in Utah or
3209  outside the state upon or for any human within the state;
3210  (ii) when a person not licensed as a physician directs a licensee under this chapter to
3211  withhold or alter the health care services that the licensee has ordered;
3212  (iii) to maintain an office or place of business for the purpose of doing any of the acts
3213  described in Subsection (19)(a)(i) or (ii) whether or not for compensation; or
3214  (iv) to use, in the conduct of any occupation or profession pertaining to the diagnosis
3215  or treatment of human diseases or conditions in any printed material, stationery,
3216  letterhead, envelopes, signs, or advertisements, the designation "doctor," "doctor
3217  of medicine," "physician," "surgeon," "physician and surgeon," "Dr.," "M.D.," or
3218  any combination of these designations in any manner which might cause a
3219  reasonable person to believe the individual using the designation is a licensed
3220  physician and surgeon, and if the party using the designation is not a licensed
3221  physician and surgeon, the designation must additionally contain the description
3222  of the branch of the healing arts for which the person has a license, provided that
3223  an individual who has received an earned degree of doctor of medicine degree but
3224  is not a licensed physician and surgeon in Utah may use the designation "M.D." if
  - 95 -
       2nd Sub. (Gray) H.B. 183  03-03 09:58
3225  it is followed by "Not Licensed" or "Not Licensed in Utah" in the same size and
3226  style of lettering.
3227  (b) [The practice] "Practice of medicine" does not include:
3228  (i) except for an ablative medical procedure as provided in Subsection (19)(b)(ii) the
3229  conduct described in Subsection (19)(a)(i) that is performed in accordance with a
3230  license issued under another chapter of this title;
3231  (ii) an ablative cosmetic medical procedure if the scope of practice for the person
3232  performing the ablative cosmetic medical procedure includes the authority to
3233  operate or perform a surgical procedure; or
3234  (iii) conduct under Subsection 58-67-501(2).
3235     (20) "Prescription device" means an instrument, apparatus, implement, machine,
3236  contrivance, implant, in vitro reagent, or other similar or related article, and any
3237  component part or accessory, which is required under federal or state law to be
3238  prescribed by a practitioner and dispensed by or through a person or entity licensed
3239  under this chapter or exempt from licensure under this chapter.
3240     (21) "Prescription drug" means a drug that is required by federal or state law or rule to be
3241  dispensed only by prescription or is restricted to administration only by practitioners.
3242     (22)(a) "Primary sex characteristic surgical procedure" means any of the following if
3243  done for the purpose of effectuating or facilitating an individual's attempted sex
3244  change:
3245  (i) for an individual whose biological sex at birth is male, castration, orchiectomy,
3246  penectomy, vaginoplasty, or vulvoplasty;
3247  (ii) for an individual whose biological sex at birth is female, hysterectomy,
3248  oophorectomy, metoidioplasty, or phalloplasty; or
3249  (iii) any surgical procedure that is related to or necessary for a procedure described in
3250  Subsection (22)(a)(i) or (ii), that would result in the sterilization of an individual
3251  who is not sterile.
3252  (b) "Primary sex characteristic surgical procedure" does not include:
3253  (i) surgery or other procedures or treatments performed on an individual who:
3254  (A) is born with external biological sex characteristics that are irresolvably
3255  ambiguous;
3256  (B) is born with 46, XX chromosomes with virilization;
3257  (C) is born with 46, XY chromosomes with undervirilization;
3258  (D) has both ovarian and testicular tissue; or
  - 96 -
       03-03 09:58  2nd Sub. (Gray) H.B. 183
3259  (E) has been diagnosed by a physician, based on genetic or biochemical testing,
3260  with a sex development disorder characterized by abnormal sex chromosome
3261  structure, sex steroid hormone production, or sex steroid hormone action for a
3262  male or female; or
3263  (ii) removing a body part:
3264  (A) because the body part is cancerous or diseased; or
3265  (B) for a reason that is medically necessary, other than to effectuate or facilitate an
3266  individual's attempted sex change.
3267     (23)(a) "Secondary sex characteristic surgical procedure" means any of the following if
3268  done for the purpose of effectuating or facilitating an individual's attempted sex
3269  change:
3270  (i) for an individual whose biological sex at birth is male, breast augmentation
3271  surgery, chest feminization surgery, or facial feminization surgery; or
3272  (ii) for an individual whose biological sex at birth is female, mastectomy, breast
3273  reduction surgery, chest masculinization surgery, or facial masculinization surgery.
3274  (b) "Secondary sex characteristic surgical procedure" does not include:
3275  (i) surgery or other procedures or treatments performed on an individual who:
3276  (A) is born with external biological sex characteristics that are irresolvably
3277  ambiguous;
3278  (B) is born with 46, XX chromosomes with virilization;
3279  (C) is born with 46, XY chromosomes with undervirilization;
3280  (D) has both ovarian and testicular tissue; or
3281  (E) has been diagnosed by a physician, based on genetic or biochemical testing,
3282  with a sex development disorder characterized by abnormal sex chromosome
3283  structure, sex steroid hormone production, or sex steroid hormone action for a
3284  male or female; or
3285  (ii) removing a body part:
3286  (A) because the body part is cancerous or diseased; or
3287  (B) for a reason that is medically necessary, other than to effectuate or facilitate an
3288  individual's attempted sex change.
3289     (24) "SPEX" means the Special Purpose Examination of the Federation of State Medical
3290  Boards.
3291     (25) "Unlawful conduct" means the same as that term is defined in Sections 58-1-501 and
3292  58-67-501.
  - 97 -
       2nd Sub. (Gray) H.B. 183  03-03 09:58
3293     (26) "Unprofessional conduct" means the same as that term is defined in Sections 58-1-501
3294  and 58-67-502, and as may be further defined by division rule.
3295  Section 44. Section 58-68-102 is amended to read:
3296  58-68-102 (Effective 05/06/26). Definitions.
3297        In addition to the definitions in Section 58-1-102, as used in this chapter:
3298     (1)(a) "Ablative procedure" means a procedure that is expected to excise, vaporize,
3299  disintegrate, or remove living tissue, including the use of carbon dioxide lasers and
3300  erbium: YAG lasers.
3301  (b) "Ablative procedure" does not include:
3302  (i) hair removal; or
3303  (ii) laser tattoo removal.
3304     (2) "ACGME" means the Accreditation Council for Graduate Medical Education of the
3305  American Medical Association.
3306     (3) "Administrative penalty" means a monetary fine imposed by the division for acts or
3307  omissions determined to constitute unprofessional or unlawful conduct, as a result of an
3308  adjudicative proceeding conducted in accordance with Title 63G, Chapter 4,
3309  Administrative Procedures Act.
3310     (4) "AOA" means the American Osteopathic Association.
3311     (5) "Associate physician" means an individual licensed under Section 58-68-302.5.
3312     (6) "Attempted sex change" means an attempt or effort to change an individual's body to
3313  present that individual as being of a sex [or gender ]that is different from the individual's
3314  biological sex at birth.
3315     (7) "Biological sex at birth" means an individual's sex, as being male or female, according
3316  to distinct reproductive roles as manifested by:
3317  (a) sex and reproductive organ anatomy;
3318  (b) chromosomal makeup; and
3319  (c) endogenous hormone profiles.
3320     (8) "Board" means the Medical Licensing Board created in Section 58-67-201.
3321     (9) "Collaborating physician" means an individual licensed under Section 58-68-302 who
3322  enters into a collaborative practice arrangement with an associate physician.
3323     (10) "Collaborative practice arrangement" means the arrangement described in Section
3324  58-68-807.
3325     (11)(a) "Cosmetic medical device" means tissue altering energy based devices that have
3326  the potential for altering living tissue and that are used to perform ablative or
  - 98 -
       03-03 09:58  2nd Sub. (Gray) H.B. 183
3327  nonablative procedures, such as American National Standards Institute designated
3328  Class IIIb and Class IV lasers, intense pulsed light, radio frequency devices, and
3329  lipolytic devices and excludes American National Standards Institute designated
3330  Class IIIa and lower powered devices.
3331  (b) Notwithstanding Subsection (11)(a), if an American National Standards Institute
3332  designated Class IIIa and lower powered device is being used to perform an ablative
3333  procedure, the device is included in the definition of cosmetic medical device under
3334  Subsection (11)(a).
3335     (12) "Cosmetic medical procedure":
3336  (a) includes the use of cosmetic medical devices to perform ablative or nonablative
3337  procedures; and
3338  (b) does not include a treatment of the ocular globe such as refractive surgery.
3339     (13) "Diagnose" means:
3340  (a) to examine in any manner another person, parts of a person's body, substances,
3341  fluids, or materials excreted, taken, or removed from a person's body, or produced by
3342  a person's body, to determine the source, nature, kind, or extent of a disease or other
3343  physical or mental condition;
3344  (b) to attempt to conduct an examination or determination described under Subsection
3345  (13)(a);
3346  (c) to hold oneself out as making or to represent that one is making an examination or
3347  determination as described in Subsection (13)(a); or
3348  (d) to make an examination or determination as described in Subsection (13)(a) upon or
3349  from information supplied directly or indirectly by another person, whether or not in
3350  the presence of the person making or attempting the diagnosis or examination.
3351     (14) "Medical assistant" means an unlicensed individual who may perform tasks as
3352  described in Subsection 58-68-305(6).
3353     (15) "Medically underserved area" means a geographic area in which there is a shortage of
3354  primary care health services for residents, as determined by the Department of Health
3355  and Human Services.
3356     (16) "Medically underserved population" means a specified group of people living in a
3357  defined geographic area with a shortage of primary care health services, as determined
3358  by the Department of Health and Human Services.
3359     (17)(a)(i) "Nonablative procedure" means a procedure that is expected or intended to
3360  alter living tissue, but is not expected or intended to excise, vaporize, disintegrate,
  - 99 -
       2nd Sub. (Gray) H.B. 183  03-03 09:58
3361  or remove living tissue.
3362  (ii) Notwithstanding Subsection (17)(a)(i), nonablative procedure includes hair
3363  removal.
3364  (b) "Nonablative procedure" does not include:
3365  (i) a superficial procedure as defined in Section 58-1-102;
3366  (ii) the application of permanent make-up;
3367  (iii) laser tattoo removal; or
3368  (iv) the use of photo therapy lasers for neuromusculoskeletal treatments that are
3369  performed by an individual licensed under this title who is acting within the
3370  individual's scope of practice.
3371     (18) "Physician" means both physicians and surgeons licensed under Chapter 67, Part 3,
3372  Licensing, and osteopathic physicians and surgeons licensed under Part 3, Licensing.
3373     (19)(a) "Practice of osteopathic medicine" means:
3374  (i) to diagnose, treat, correct, administer anesthesia, or prescribe for any human
3375  disease, ailment, injury, infirmity, deformity, pain, or other condition, physical or
3376  mental, real or imaginary, or to attempt to do so, by any means or instrumentality,
3377  which in whole or in part is based upon emphasis of the importance of the
3378  musculoskeletal system and manipulative therapy in the maintenance and
3379  restoration of health, by an individual in Utah or outside of the state upon or for
3380  any human within the state;
3381  (ii) when a person not licensed as a physician directs a licensee under this chapter to
3382  withhold or alter the health care services that the licensee has ordered;
3383  (iii) to maintain an office or place of business for the purpose of doing any of the acts
3384  described in Subsection (19)(a)(i) or (ii) whether or not for compensation; or
3385  (iv) to use, in the conduct of any occupation or profession pertaining to the diagnosis
3386  or treatment of human diseases or conditions, in any printed material, stationery,
3387  letterhead, envelopes, signs, or advertisements, the designation "doctor," "doctor
3388  of osteopathic medicine," "osteopathic physician," "osteopathic surgeon,"
3389  "osteopathic physician and surgeon," "Dr.," "D.O.," or any combination of these
3390  designations in any manner which might cause a reasonable person to believe the
3391  individual using the designation is a licensed osteopathic physician, and if the
3392  party using the designation is not a licensed osteopathic physician, the designation
3393  must additionally contain the description of the branch of the healing arts for
3394  which the person has a license, provided that an individual who has received an
  - 100 -
       03-03 09:58  2nd Sub. (Gray) H.B. 183
3395  earned degree of doctor of osteopathic medicine but is not a licensed osteopathic
3396  physician and surgeon in Utah may use the designation "D.O." if it is followed by
3397  "Not Licensed" or "Not Licensed in Utah" in the same size and style of lettering.
3398  (b) [The practice] "Practice of osteopathic medicine" does not include:
3399  (i) except for an ablative medical procedure as provided in Subsection (19)(b)(ii), the
3400  conduct described in Subsection (19)(a)(i) that is performed in accordance with a
3401  license issued under another chapter of this title;
3402  (ii) an ablative cosmetic medical procedure if the scope of practice for the person
3403  performing the ablative cosmetic medical procedure includes the authority to
3404  operate or perform a surgical procedure; or
3405  (iii) conduct under Subsection 58-68-501(2).
3406     (20) "Prescription device" means an instrument, apparatus, implement, machine,
3407  contrivance, implant, in vitro reagent, or other similar or related article, and any
3408  component part or accessory, which is required under federal or state law to be
3409  prescribed by a practitioner and dispensed by or through a person or entity licensed
3410  under this chapter or exempt from licensure under this chapter.
3411     (21) "Prescription drug" means a drug that is required by federal or state law or rule to be
3412  dispensed only by prescription or is restricted to administration only by practitioners.
3413     (22)(a) "Primary sex characteristic surgical procedure" means any of the following if
3414  done for the purpose of effectuating or facilitating an individual's attempted sex
3415  change:
3416  (i) for an individual whose biological sex at birth is male, castration, orchiectomy,
3417  penectomy, vaginoplasty, or vulvoplasty;
3418  (ii) for an individual whose biological sex at birth is female, hysterectomy,
3419  oophorectomy, metoidioplasty, or phalloplasty; or
3420  (iii) any surgical procedure that is related to or necessary for a procedure described in
3421  Subsection (22)(a)(i) or (ii), that would result in the sterilization of an individual
3422  who is not sterile.
3423  (b) "Primary sex characteristic surgical procedure" does not include:
3424  (i) surgery or other procedures or treatments performed on an individual who:
3425  (A) is born with external biological sex characteristics that are irresolvably
3426  ambiguous;
3427  (B) is born with 46, XX chromosomes with virilization;
3428  (C) is born with 46, XY chromosomes with undervirilization;
  - 101 -
       2nd Sub. (Gray) H.B. 183  03-03 09:58
3429  (D) has both ovarian and testicular tissue; or
3430  (E) has been diagnosed by a physician, based on genetic or biochemical testing,
3431  with a sex development disorder characterized by abnormal sex chromosome
3432  structure, sex steroid hormone production, or sex steroid hormone action for a
3433  male or female; or
3434  (ii) removing a body part:
3435  (A) because the body part is cancerous or diseased; or
3436  (B) for a reason that is medically necessary, other than to effectuate or facilitate an
3437  individual's attempted sex change.
3438     (23)(a) "Secondary sex characteristic surgical procedure" means any of the following if
3439  done for the purpose of effectuating or facilitating an individual's attempted sex
3440  change:
3441  (i) for an individual whose biological sex at birth is male, breast augmentation
3442  surgery, chest feminization surgery, or facial feminization surgery; or
3443  (ii) for an individual whose biological sex at birth is female, mastectomy, breast
3444  reduction surgery, chest masculinization surgery, or facial masculinization surgery.
3445  (b) "Secondary sex characteristic surgical procedure" does not include:
3446  (i) surgery or other procedures or treatments performed on an individual who:
3447  (A) is born with external biological sex characteristics that are irresolvably
3448  ambiguous;
3449  (B) is born with 46, XX chromosomes with virilization;
3450  (C) is born with 46, XY chromosomes with undervirilization;
3451  (D) has both ovarian and testicular tissue; or
3452  (E) has been diagnosed by a physician, based on genetic or biochemical testing,
3453  with a sex development disorder characterized by abnormal sex chromosome
3454  structure, sex steroid hormone production, or sex steroid hormone action for a
3455  male or female; or
3456  (ii) removing a body part:
3457  (A) because the body part is cancerous or diseased; or
3458  (B) for a reason that is medically necessary, other than to effectuate or facilitate an
3459  individual's attempted sex change.
3460     (24) "SPEX" means the Special Purpose Examination of the Federation of State Medical
3461  Boards.
3462     (25) "Unlawful conduct" means the same as that term is defined in Sections 58-1-501 and
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       03-03 09:58  2nd Sub. (Gray) H.B. 183
3463  58-68-501.
3464     (26) "Unprofessional conduct" means the same as that term is defined in Sections 58-1-501
3465  and 58-68-502 and as may be further defined by division rule.
3466  Section 45. Section 63G-2-301 is amended to read:
3467  63G-2-301 (Effective 05/06/26). Public records.
3468     (1) As used in this section:
3469  (a) "Business address" means a single address of a governmental agency designated for
3470  the public to contact an employee or officer of the governmental agency.
3471  (b) "Business email address" means a single email address of a governmental agency
3472  designated for the public to contact an employee or officer of the governmental
3473  agency.
3474  (c) "Business telephone number" means a single telephone number of a governmental
3475  agency designated for the public to contact an employee or officer of the
3476  governmental agency.
3477  (d) "Correctional facility" means the same as that term is defined in Section 77-16b-102.
3478     (2) The following records are public except to the extent they contain information expressly
3479  permitted to be treated confidentially under the provisions of Subsections
3480  63G-2-201(3)(b) and (6)(a):
3481  (a) laws;
3482  (b) the name, [gender] sex, gross compensation, job title, job description, business
3483  address, business email address, business telephone number, number of hours worked
3484  per pay period, dates of employment, and relevant education, previous employment,
3485  and similar job qualifications of a current or former employee or officer of the
3486  governmental entity, excluding:
3487  (i) undercover law enforcement personnel; and
3488  (ii) investigative personnel if disclosure could reasonably be expected to impair the
3489  effectiveness of investigations or endanger any individual's safety;
3490  (c) final opinions, including concurring and dissenting opinions, and orders that are
3491  made by a governmental entity in an administrative, adjudicative, or judicial
3492  proceeding except that if the proceedings were properly closed to the public, the
3493  opinion and order may be withheld to the extent that they contain information that is
3494  private, controlled, or protected;
3495  (d) final interpretations of statutes or rules by a governmental entity unless classified as
3496  protected as provided in Subsection 63G-2-305(17) or (18);
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       2nd Sub. (Gray) H.B. 183  03-03 09:58
3497        (e) information contained in or compiled from a transcript, minutes, or report of the open
3498  portions of a meeting of a governmental entity as provided by Title 52, Chapter 4,
3499  Open and Public Meetings Act, including the records of all votes of each member of
3500  the governmental entity;
3501        (f) judicial records unless a court orders the records to be restricted under the rules of
3502  civil or criminal procedure or unless the records are private under this chapter;
3503        (g) unless otherwise classified as private under Section 63G-2-303, records or parts of
3504  records filed with or maintained by county recorders, clerks, treasurers, surveyors,
3505  zoning commissions, the Division of Forestry, Fire, and State Lands, the School and
3506  Institutional Trust Lands Administration, the Division of Oil, Gas, and Mining, the
3507  Division of Water Rights, or other governmental entities that give public notice of:
3508  (i) titles or encumbrances to real property;
3509  (ii) restrictions on the use of real property;
3510  (iii) the capacity of persons to take or convey title to real property; or
3511  (iv) tax status for real and personal property;
3512        (h) records of the Department of Commerce that evidence incorporations, mergers, name
3513  changes, and uniform commercial code filings;
3514        (i) data on individuals that would otherwise be private under this chapter if the
3515  individual who is the subject of the record has given the governmental entity written
3516  permission to make the records available to the public;
3517        (j) documentation of the compensation that a governmental entity pays to a contractor or
3518  private provider;
3519        (k) summary data;
3520        (l) voter registration records, including an individual's voting history, except for a voter
3521  registration record or those parts of a voter registration record that are classified as
3522  private under Subsections 63G-2-302(1)(j) through (n) or withheld under Subsection
3523  20A-2-104(7);
3524        (m) for an elected official, as defined in Section 11-47-102, a telephone number, if
3525  available, and email address, if available, where that elected official may be reached
3526  as required in Title 11, Chapter 47, Access to Elected Officials;
3527        (n) for a school community council member, a telephone number, if available, and email
3528  address, if available, where that elected official may be reached directly as required
3529  in Section 53G-7-1203;
3530        (o) annual audited financial statements of the Utah Educational Savings Plan described
  - 104 -
       03-03 09:58  2nd Sub. (Gray) H.B. 183
3531  in Section 53H-10-210; and
3532  (p) an initiative packet, as defined in Section 20A-7-101, and a referendum packet, as
3533  defined in Section 20A-7-101, after the packet is submitted to a county clerk.
3534     (3) The following records are normally public, but to the extent that a record is expressly
3535  exempt from disclosure, access may be restricted under Subsection 63G-2-201(3)(b),
3536  Section 63G-2-302, 63G-2-304, or 63G-2-305:
3537  (a) administrative staff manuals, instructions to staff, and statements of policy;
3538  (b) records documenting a contractor's or private provider's compliance with the terms
3539  of a contract with a governmental entity;
3540  (c) records documenting the services provided by a contractor or a private provider to
3541  the extent the records would be public if prepared by the governmental entity;
3542  (d) contracts entered into by a governmental entity;
3543  (e) any account, voucher, or contract that deals with the receipt or expenditure of funds
3544  by a governmental entity;
3545  (f) records relating to government assistance or incentives publicly disclosed, contracted
3546  for, or given by a governmental entity, encouraging a person to expand or relocate a
3547  business in Utah, except as provided in Subsection 63G-2-305(35);
3548  (g) chronological logs and initial contact reports;
3549  (h) correspondence by and with a governmental entity in which the governmental entity
3550  determines or states an opinion upon the rights of the state, a political subdivision,
3551  the public, or any person;
3552  (i) empirical data contained in drafts if:
3553  (i) the empirical data is not reasonably available to the requester elsewhere in similar
3554  form; and
3555  (ii) the governmental entity is given a reasonable opportunity to correct any errors or
3556  make nonsubstantive changes before release;
3557  (j) drafts that are circulated to anyone other than:
3558  (i) a governmental entity;
3559  (ii) a political subdivision;
3560  (iii) a federal agency if the governmental entity and the federal agency are jointly
3561  responsible for implementation of a program or project that has been legislatively
3562  approved;
3563  (iv) a government-managed corporation; or
3564  (v) a contractor or private provider;
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       2nd Sub. (Gray) H.B. 183  03-03 09:58
3565  (k) drafts that have never been finalized but were relied upon by the governmental entity
3566  in carrying out action or policy;
3567  (l) original data in a computer program if the governmental entity chooses not to
3568  disclose the program;
3569  (m) arrest warrants after issuance, except that, for good cause, a court may order
3570  restricted access to arrest warrants prior to service;
3571  (n) search warrants after execution and filing of the return, except that a court, for good
3572  cause, may order restricted access to search warrants prior to trial;
3573  (o) records that would disclose information relating to formal charges or disciplinary
3574  actions against a past or present governmental entity employee if:
3575  (i) the disciplinary action has been completed and all time periods for administrative
3576  appeal have expired; and
3577  (ii) the charges on which the disciplinary action was based were sustained;
3578  (p) records maintained by the Division of Forestry, Fire, and State Lands, the School and
3579  Institutional Trust Lands Administration, or the Division of Oil, Gas, and Mining that
3580  evidence mineral production on government lands;
3581  (q) final audit reports;
3582  (r) occupational and professional licenses;
3583  (s) business licenses;
3584  (t) a notice of violation, a notice of agency action under Section 63G-4-201, or similar
3585  records used to initiate proceedings for discipline or sanctions against persons
3586  regulated by a governmental entity, but not including records that initiate employee
3587  discipline; and
3588  (u)(i) records that disclose a standard, regulation, policy, guideline, or rule regarding
3589  the operation of a correctional facility or the care and control of inmates
3590  committed to the custody of a correctional facility; and
3591  (ii) records that disclose the results of an audit or other inspection assessing a
3592  correctional facility's compliance with a standard, regulation, policy, guideline, or
3593  rule described in Subsection (3)(u)(i).
3594     (4) The list of public records in this section is not exhaustive and should not be used to limit
3595  access to records.
3596  Section 46. Section 63G-3-306 is enacted to read:
3597  63G-3-306 (Effective 05/06/26). Referencing biological sex.
3598     (1) An agency when referencing biological sex in a rule:
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       03-03 09:58  2nd Sub. (Gray) H.B. 183
3599  (a) shall use the term sex as defined in Section 68-3-12.5; and
3600  (b) may not use the term gender.
3601  Section 47. Section 63G-12-302 is amended to read:
3602  63G-12-302 (Effective 05/06/26). Status verification system -- Registration and
3603     use -- Performance of services -- Unlawful practice.
3604     (1) As used in this section:
3605  (a) "Contract" means an agreement for the procurement of goods or services that is
3606  awarded through a request for proposals process with a public employer and includes
3607  a sole source contract.
3608  (b) "Contractor" means a subcontractor, contract employee, staffing agency, or any
3609  contractor regardless of its tier.
3610     (2)(a) Subject to Subsection (5), a public employer shall register with and use a Status
3611  Verification System to verify the federal employment authorization status of a new
3612  employee.
3613  (b) This section shall be enforced without regard to race, religion, [gender] sex, ethnicity,
3614  or national origin.
3615     (3)(a) Subject to Subsection (5), beginning July 1, 2009:
3616  (i) a public employer may not enter into a contract for the physical performance of
3617  services within the state with a contractor unless the contractor registers and
3618  participates in the Status Verification System to verify the work eligibility status
3619  of the contractor's new employees that are employed in the state; and
3620  (ii) a contractor shall register and participate in the Status Verification System in
3621  order to enter into a contract with a public employer.
3622  (b)(i) For purposes of compliance with Subsection (3)(a), a contractor is individually
3623  responsible for verifying the employment status of only new employees who work
3624  under the contractor's supervision or direction and not those who work for another
3625  contractor or subcontractor, except as otherwise provided in Subsection (3)(b)(ii).
3626  (ii) Each contractor or subcontractor who works under or for another contractor shall
3627  certify to the main contractor by affidavit that the contractor or subcontractor has
3628  verified through the Status Verification System the employment status of each
3629  new employee of the respective contractor or subcontractor.
3630  (c) Subsection (3)(a) does not apply to a contract:
3631  (i) entered into by the entities referred to in Subsection (3)(a) prior to July 1, 2009,
3632  even though the contract may involve the physical performance of services within
  - 107 -
       2nd Sub. (Gray) H.B. 183  03-03 09:58
3633  the state on or after July 1, 2009; or
3634  (ii) that involves underwriting, remarketing, broker-dealer activities, securities
3635  placement, investment advisory, financial advisory, or other financial or
3636  investment banking services.
3637     (4)(a) It is unlawful for an employing entity in the state to discharge an employee
3638  working in Utah who is a United States citizen or permanent resident alien and
3639  replace the employee with, or have the employee's duties assumed by, an employee
3640  who:
3641  (i) the employing entity knows, or reasonably should have known, is an unauthorized
3642  alien hired on or after July 1, 2009; and
3643  (ii) is working in the state in a job category:
3644  (A) that requires equal skill, effort, and responsibility; and
3645  (B) which is performed under similar working conditions, as defined in 29 U.S.C.,
3646  Sec. 206 (d)(1), as the job category held by the discharged employee.
3647  (b) An employing entity, which on the date of a discharge in question referred to in
3648  Subsection (4)(a) is enrolled in and using the Status Verification System to verify the
3649  employment eligibility of its employees in Utah who are hired on or after July 1,
3650  2009, is exempt from liability, investigation, or lawsuit arising from an action under
3651  this section.
3652  (c) A cause of action for a violation of this Subsection (4) arises exclusively from the
3653  provisions of this Subsection (4).
3654     (5) On and after the program start date:
3655  (a) a public employer, after hiring an employee, shall verify the employment eligibility
3656  of the new employee:
3657  (i) through the status verification system if the individual does not hold a permit; and
3658  (ii) through the u-verify program if the individual holds a permit; and
3659  (b) a contractor is considered to be in compliance with this section if, after hiring an
3660  employee, the contractor verifies the employment eligibility of the new employee:
3661  (i) through the status verification system if the individual does not hold a permit; and
3662  (ii) through the u-verify program if the individual holds a permit.
3663  Section 48. Section 63G-12-401 is amended to read:
3664  63G-12-401 (Effective 05/06/26). Creation of identity documents -- Issuance to
3665     citizens, nationals, and legal permanent resident aliens -- Exceptions.
3666     (1) The following entities may create, publish, or otherwise manufacture an identification
  - 108 -
       03-03 09:58  2nd Sub. (Gray) H.B. 183
3667  document, identification card, or identification certificate and possess an engraved plate
3668  or other device for the printing of an identification document:
3669  (a) a federal, state, or local government agency for employee identification, which is
3670  designed to identify the bearer as an employee;
3671  (b) a federal, state, or local government agency for purposes authorized or required by
3672  law or a legitimate purpose consistent with the duties of the agency, including such
3673  documents as voter identification cards, identification cards, passports, birth
3674  certificates, and Social Security cards; and
3675  (c) a public school or state or private educational institution to identify the bearer as an
3676  administrator, faculty member, student, or employee.
3677     (2) The name of the issuing entity shall be clearly printed upon the face of the identification
3678  document.
3679     (3) Except as otherwise provided in Subsections (4) and (5) or by federal law, an entity
3680  providing an identity document, card, or certificate under Subsection (1)(b) or (c) shall
3681  issue the document, card, or certificate only to:
3682  (a) a United States citizen;
3683  (b) a national; or
3684  (c) a legal permanent resident alien.
3685     (4)(a) Subsection (3) does not apply to an applicant for an identification document who
3686  presents, in person, valid documentary evidence of the applicant's:
3687  (i) unexpired immigrant or nonimmigrant visa status for admission into the United
3688  States;
3689  (ii) pending or approved application for asylum in the United States;
3690  (iii) admission into the United States as a refugee;
3691  (iv) pending or approved application for temporary protected status in the United
3692  States;
3693  (v) approved deferred action status; or
3694  (vi) pending application for adjustment of status to legal permanent resident or
3695  conditional resident.
3696  (b)(i) An entity listed in Subsection (1)(b) or (c) may issue a Subsection (1)(b) or (c)
3697  identification document to an applicant who satisfies the requirements of
3698  Subsection (4)(a).
3699  (ii) Except as otherwise provided by federal law, the document is valid only:
3700  (A) during the period of time of the individual's authorized stay in the United
  - 109 -
       2nd Sub. (Gray) H.B. 183  03-03 09:58
3701  States; or
3702  (B) for one year from the date of issuance if there is no definite end to the
3703  individual's period of authorized stay.
3704  (iii) An entity issuing an identification document under this Subsection (4) shall
3705  clearly indicate on the document:
3706  (A) that it is temporary; and
3707  (B) its expiration date.
3708  (c) An individual may renew a document issued under this Subsection (4) only upon
3709  presentation of valid documentary evidence that the status by which the individual
3710  originally qualified for the identification document has been extended by the United
3711  States Citizenship and Immigration Services or other authorized agency of the United
3712  States Department of Homeland Security.
3713     (5)(a) Subsection (3) does not apply to an identification document issued under
3714  Subsection (1)(c) that:
3715  (i) is only valid for use on the educational institution's campus or facility; and
3716  (ii) includes a statement of the restricted use conspicuously printed upon the face of
3717  the identification document.
3718  (b) Subsection (3) does not apply to a license certificate, driving privilege card, or
3719  identification card issued or renewed under Title 53, Chapter 3, Uniform Driver
3720  License Act.
3721  (c) Subsection (3) does not apply to a public transit pass issued by a public transit
3722  district as defined in Title 17B, Chapter 2a, Part 8, Public Transit District Act, that:
3723  (i) is only valid for use on the public transit system; and
3724  (ii) includes a statement of the restricted use conspicuously printed on the face of the
3725  public transit pass.
3726  (d) Subsection (3) does not apply to a permit issued under Section 63G-12-207.
3727  (e) Subsection (3) does not apply to a permit issued under Chapter 14, Utah Pilot
3728  Sponsored Resident Immigrant Program Act.
3729     (6) This section shall be enforced without regard to race, religion, [gender] sex, ethnicity, or
3730  national origin.
3731  Section 49. Section 63G-12-402 is amended to read:
3732  63G-12-402 (Effective 05/06/26). Receipt of state, local, or federal public benefits
3733     -- Verification -- Exceptions -- Fraudulently obtaining benefits -- Criminal penalties --
3734     Annual report.
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       03-03 09:58  2nd Sub. (Gray) H.B. 183
3735     (1)(a) Except as provided in Subsection (3) or when exempted by federal law, an agency
3736  or political subdivision of the state shall verify the lawful presence in the United
3737  States of an individual at least 18 years old who applies for:
3738  (i) a state or local public benefit as defined in 8 U.S.C. Sec. 1621; or
3739  (ii) a federal public benefit as defined in 8 U.S.C. Sec. 1611, that is administered by
3740  an agency or political subdivision of this state.
3741  (b) For purpose of a license issued under Title 58, Chapter 55, Utah Construction Trades
3742  Licensing Act, to an applicant that is an unincorporated entity, the Department of
3743  Commerce shall verify in accordance with this Subsection (1) the lawful presence in
3744  the United States of each individual who:
3745  (i) owns an interest in the contractor that is an unincorporated entity; and
3746  (ii) engages, or will engage, in a construction trade in Utah as an owner of the
3747  contractor described in Subsection (1)(b)(i).
3748     (2) This section shall be enforced without regard to race, religion, [gender] sex, ethnicity, or
3749  national origin.
3750     (3) Verification of lawful presence under this section is not required for:
3751  (a) any purpose for which lawful presence in the United States is not restricted by law,
3752  ordinance, or regulation;
3753  (b) assistance for health care items and services that:
3754  (i) are necessary for the treatment of an emergency medical condition, as defined in
3755  42 U.S.C. Sec. 1396b(v)(3), of the individual involved; and
3756  (ii) are not related to an organ transplant procedure;
3757  (c) short-term, noncash, in-kind emergency disaster relief;
3758  (d) public health assistance for immunizations with respect to immunizable diseases and
3759  for testing and treatment of symptoms of communicable diseases whether or not the
3760  symptoms are caused by the communicable disease;
3761  (e) programs, services, or assistance such as soup kitchens, crisis counseling and
3762  intervention, and short-term shelter, specified by the United States Attorney General,
3763  in the sole and unreviewable discretion of the United States Attorney General after
3764  consultation with appropriate federal agencies and departments, that:
3765  (i) deliver in-kind services at the community level, including through public or
3766  private nonprofit agencies;
3767  (ii) do not condition the provision of assistance, the amount of assistance provided, or
3768  the cost of assistance provided on the income or resources of the individual
  - 111 -
       2nd Sub. (Gray) H.B. 183  03-03 09:58
3769  recipient; and
3770  (iii) are necessary for the protection of life or safety;
3771        (f) the exemption for paying the nonresident portion of total tuition as set forth in
3772  Section 53H-11-203;
3773        (g) an applicant for a license under Section 61-1-4, if the applicant:
3774  (i) is registered with the Financial Industry Regulatory Authority; and
3775  (ii) files an application with the state Division of Securities through the Central
3776  Registration Depository;
3777        (h) a state public benefit to be given to an individual under Title 49, Utah State
3778  Retirement and Insurance Benefit Act;
3779        (i) a home loan that will be insured, guaranteed, or purchased by:
3780  (i) the Federal Housing Administration, the Veterans Administration, or any other
3781  federal agency; or
3782  (ii) an enterprise as defined in 12 U.S.C. Sec. 4502;
3783        (j) a subordinate loan or a grant that will be made to an applicant in connection with a
3784  home loan that does not require verification under Subsection (3)(i);
3785        (k) an applicant for a license issued by the Department of Commerce or individual
3786  described in Subsection (1)(b), if the applicant or individual provides the Department
3787  of Commerce:
3788  (i) certification, under penalty of perjury, that the applicant or individual is:
3789  (A) a United States citizen;
3790  (B) a qualified alien as defined in 8 U.S.C. Sec. 1641; or
3791  (C) lawfully present in the United States; and
3792  (ii)(A) the number assigned to a driver license or identification card issued under
3793  Title 53, Chapter 3, Uniform Driver License Act; or
3794  (B) the number assigned to a driver license or identification card issued by a state
3795  other than Utah if, as part of issuing the driver license or identification card,
3796  the state verifies an individual's lawful presence in the United States; and
3797        (l) an applicant for:
3798  (i) an Opportunity scholarship described in Section 53H-11-402;
3799  (ii) a New Century scholarship described in Section 53H-11-407;
3800  (iii) a promise grant described in Section 53H-11-414; or
3801  (iv) a scholarship:
3802  (A) for an individual who is a graduate of a high school located within Utah; and
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       03-03 09:58  2nd Sub. (Gray) H.B. 183
3803  (B) administered by an institution of higher education as defined in Section
3804  53H-1-101.
3805     (4)(a) An agency or political subdivision required to verify the lawful presence in the
3806  United States of an applicant under this section shall require the applicant to certify
3807  under penalty of perjury that:
3808  (i) the applicant is a United States citizen; or
3809  (ii) the applicant is:
3810  (A) a qualified alien as defined in 8 U.S.C. Sec. 1641; and
3811  (B) lawfully present in the United States.
3812  (b) The certificate required under this Subsection (4) shall include a statement advising
3813  the signer that providing false information subjects the signer to penalties for perjury.
3814     (5) An agency or political subdivision shall verify a certification required under Subsection
3815  (4)(a)(ii) through the federal SAVE program.
3816     (6)(a) An individual who knowingly and willfully makes a false, fictitious, or fraudulent
3817  statement or representation in a certification under Subsection (3)(k) or (4) is subject
3818  to the criminal penalties applicable in this state for:
3819  (i) making a written false statement under Section 76-8-504; and
3820  (ii) fraudulently obtaining:
3821  (A) public assistance program benefits under Section 76-8-1203.1; or
3822  (B) unemployment compensation under Section 76-8-1301, 76-8-1302, 76-8-1303,
3823  or 76-8-1304.
3824  (b) If the certification constitutes a false claim of United States citizenship under 18
3825  U.S.C. Sec. 911, the agency or political subdivision shall file a complaint with the
3826  United States Attorney General for the applicable district based upon the venue in
3827  which the application was made.
3828  (c) If an agency or political subdivision receives verification that a person making an
3829  application for a benefit, service, or license is not a qualified alien, the agency or
3830  political subdivision shall provide the information to the Office of the Attorney
3831  General unless prohibited by federal mandate.
3832     (7) An agency or political subdivision may adopt variations to the requirements of this
3833  section that:
3834  (a) clearly improve the efficiency of or reduce delay in the verification process; or
3835  (b) provide for adjudication of unique individual circumstances where the verification
3836  procedures in this section would impose an unusual hardship on a legal resident of
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       2nd Sub. (Gray) H.B. 183  03-03 09:58
3837  Utah.
3838     (8) It is unlawful for an agency or a political subdivision of this state to provide a state,
3839  local, or federal benefit, as defined in 8 U.S.C. [Sec.] Secs. 1611 and 1621, in violation
3840  of this section.
3841     (9) A state agency or department that administers a program of state or local public benefits
3842  shall:
3843  (a) provide an annual report to the governor, the president of the Senate, and the speaker
3844  of the House regarding its compliance with this section; and
3845  (b)(i) monitor the federal SAVE program for application verification errors and
3846  significant delays;
3847  (ii) provide an annual report on the errors and delays to ensure that the application of
3848  the federal SAVE program is not erroneously denying a state or local benefit to a
3849  legal resident of the state; and
3850  (iii) report delays and errors in the federal SAVE program to the United States
3851  Department of Homeland Security.
3852  Section 50. Section 63G-31-101 is amended to read:
3853  63G-31-101 (Effective 05/06/26). Definitions.
3854        As used in this chapter:
3855     (1)(a) "Changing room" means a space designated for multiple individuals to dress or
3856  undress within the same space.
3857  (b) "Changing room" includes:
3858  (i) a dressing room, fitting room, locker room, or shower room; and
3859  (ii) a restroom when a changing room contains or is attached to the restroom.
3860     (2)(a) "Facility" means a publicly owned or controlled building, structure, or other
3861  improvement.
3862  (b) "Facility" includes a subset of a publicly owned or controlled building, structure, or
3863  other improvement, including a restroom or locker room.
3864     (3) "Government entity" means the same as that term is defined in Section 63G-2-103.
3865     (4) "Intersex individual" means the same as that term is defined in Section 26B-8-101.
3866     (5) "Men's restroom" means a restroom that is designated for the exclusive use of males and
3867  not females.
3868     (6)(a) "Open to the general public" means that a privacy space is:
3869  (i) freely accessible to a member of the general public;
3870  (ii) accessible to an individual who has purchased a ticket, paid an entry fee, paid a
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       03-03 09:58  2nd Sub. (Gray) H.B. 183
3871  membership fee, or otherwise paid to access the facility containing the relevant
3872  privacy space; or
3873  (iii) accessible to a student of an institution of higher education described in Section
3874  52B-2-101:
3875  (A) either freely or as described in Subsection (6)(a)(ii); or
3876  (B) within student housing as defined in Section 63G-31-305.
3877  (b) "Open to the general public" does not include a privacy space that is:
3878  (i) only accessible to employees of a government entity; or
3879  (ii) any area that is not normally accessible to the public.
3880     (7) "Privacy space" means a restroom or changing room within a publicly owned or
3881  controlled facility, where an individual has a reasonable expectation of privacy.
3882     (8) "Publicly owned or controlled" means that a government entity has at least a partial
3883  ownership interest in or has control of a facility, program, or event.
3884     (9)(a) "Restroom" means any space that includes a toilet.
3885  (b) "Restroom" includes:
3886  (i) sex-designated men's restrooms;
3887  (ii) sex-designated women's restrooms;
3888  (iii) unisex restrooms; and
3889  (iv) single-occupant restrooms.
3890     (10) "Sex-designated" means that a facility, program, or event is designated specifically for
3891  males or females and not the opposite sex.
3892     (11) "Single-occupant" means, in relation to a single-occupant facility or privacy space, that
3893  the facility or privacy space:
3894  (a) has floor-to-ceiling walls;
3895  (b) has an entirely encased and locking door; and
3896  (c) is designated for single occupancy.
3897     (12) "Unamended birth certificate" means a birth certificate:
3898  (a) with no amendment history; or
3899  (b) with an amendment history that:
3900  (i) does not include [gender-related] sex-related amendments; or
3901  (ii) includes [gender-related] sex-related amendments that only:
3902  (A) correct an error or omission resulting from a scrivener's error under
3903  Subsection 26B-8-107(2); or
3904  (B) correct a misidentification of birth sex for an intersex individual under
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       2nd Sub. (Gray) H.B. 183  03-03 09:58
3905  Subsection 26B-8-107(3).
3906     (13) "Unisex" means, in relation to a unisex facility or privacy space, that the facility or
3907  privacy space:
3908  (a) is designated for the use of both sexes; or
3909  (b) is not sex-designated.
3910     (14) "Women's restroom" means a restroom that is designated for the exclusive use of
3911  females and not males.
3912  Section 51. Section 63G-31-201 is amended to read:
3913  63G-31-201 (Effective 05/06/26). Distinctions on the basis of sex.
3914     (1) A government entity may not, on the basis of sex, exclude an individual from
3915  participation in, deny an individual from the benefits of, or subject an individual to a
3916  sex-based distinction in or under any government or otherwise publicly owned or
3917  controlled facility, program, or event, unless the distinction is substantially related to an
3918  important government objective.
3919     (2) Each government entity shall ensure the preservation of distinctions on the basis of sex
3920  that protect individual privacy and competitive opportunity, as described in this chapter.
3921     (3)(a) As used in this Subsection (3), "athletic facility" does not include a privacy space.
3922  (b) To preserve the individual privacy and competitive opportunity of females, an
3923  individual is not entitled to and may not access, use, or benefit from a government
3924  entity's athletic facility, program, or event if:
3925  (i) the facility, program, or event is designated for females; and
3926  (ii) the individual is not female.
3927  (c) To preserve the individual privacy and competitive opportunity of males, an
3928  individual is not entitled to and may not access, use, or benefit from a government
3929  entity's athletic facility, program, or event if:
3930  (i) the facility, program, or event is designated for males; and
3931  (ii) the individual is not male.
3932     (4) Subsections (1) through (3) and Subsection 63G-31-204(4) do not apply to:
3933  (a) a determination of the School Activity Eligibility Commission, created in Section
3934  53G-6-1003, regarding a student's athletic eligibility; or
3935  (b) the participation of a student, if the student has obtained the eligibility approval of
3936  the commission under Subsection 53G-6-1004(2), in a [gender-designated]
3937  sex-designated interscholastic activity that does not correspond with the sex
3938  designation on the student's birth certificate, as those terms are defined in Section
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       03-03 09:58  2nd Sub. (Gray) H.B. 183
3939  53G-6-1001.
3940  Section 52. Section 63G-34-101 is enacted to read:
3941  CHAPTER 34. State Policies and Requirements
3942  63G-34-101 (Effective 05/06/26). Agency policies, programs, and practices that
3943     implicate biological sex.
3944        A state agency when referencing biological sex in a policy, program, or practice:
3945     (1) shall use the term sex as defined in Section 68-3-12.5; and
3946     (2) may not use the term gender.
3947  Section 53. Section 63N-2-104.2 is amended to read:
3948  63N-2-104.2 (Effective 05/06/26). Written agreement -- Contents -- Grounds for
3949     amendment or termination.
3950     (1) If the office determines that a business entity is eligible for a tax credit under Section
3951  63N-2-104.1, the office may enter into a written agreement with the business entity that:
3952  (a) establishes performance benchmarks for the business entity to claim a tax credit,
3953  including any minimum wage requirements;
3954  (b) specifies the maximum amount of tax credit that the business entity may be
3955  authorized for a taxable year and over the life of the new commercial project, subject
3956  to the limitations in Section 63N-2-104.3;
3957  (c) establishes the length of time the business entity may claim a tax credit;
3958  (d) requires the business entity to retain records supporting a claim for a tax credit for at
3959  least four years after the business entity claims the tax credit;
3960  (e) requires the business entity to submit to audits for verification of any tax credit
3961  claimed; and
3962  (f) requires the business entity, in order to claim a tax credit, to meet the requirements of
3963  Section 63N-2-105.
3964     (2) In establishing the terms of a written agreement, including the duration and amount of
3965  tax credit that the business entity may be authorized to receive, the office shall:
3966  (a) authorize the tax credit in a manner that provides the most effective incentive for the
3967  new commercial project;
3968  (b) consider the following factors:
3969  (i) whether the new commercial project provides vital or specialized support to
3970  supply chains;
3971  (ii) whether the new commercial project provides an innovative product, technology,
3972  or service;
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       2nd Sub. (Gray) H.B. 183  03-03 09:58
3973  (iii) the number and wages of new incremental jobs associated with the new
3974  commercial project;
3975  (iv) the amount of financial support provided by local government entities for the
3976  new commercial project;
3977  (v) the amount of capital expenditures associated with the new commercial project;
3978  (vi) whether the new commercial project returns jobs transferred overseas;
3979  (vii) the rate of unemployment in the county in which the new commercial project is
3980  located;
3981  (viii) whether the new commercial project creates a remote work opportunity;
3982  (ix) whether the new commercial project is located in a development zone created by
3983  a local government entity as described in Subsection 63N-2-104(2);
3984  (x) whether the business entity commits to hiring Utah workers for the new
3985  commercial project;
3986  (xi) whether the business entity adopts a corporate citizenry plan or supports
3987  initiatives in the state that advance education, [gender] sex equality, diversity and
3988  inclusion, work-life balance, environmental or social good, or other similar causes;
3989  (xii) whether the business entity's headquarters are located within the state;
3990  (xiii) the likelihood of other business entities relocating to another state as a result of
3991  the new commercial project;
3992  (xiv) the necessity of the tax credit for the business entity's expansion in the state or
3993  relocation from another state;
3994  (xv) whether the proposed new commercial project might reasonably be expected to
3995  occur in the foreseeable future without the tax credit; and
3996  (xvi) the location and impact of the new commercial project on existing and planned
3997  transportation facilities, existing and planned housing, including affordable
3998  housing, and public infrastructure; and
3999  (c) consult with the GOEO board.
4000     (3) In determining the amount of tax credit that a business entity may be authorized to
4001  receive under a written agreement, the office may:
4002  (a) authorize a higher or optimized amount of tax credit for a new commercial project
4003  located within a development zone created by a local government entity as described
4004  in Subsection 63N-2-104(2); and
4005  (b) establish by rule made in accordance with Title 63G, Chapter 3, Utah Administrative
4006  Rulemaking Act, a process by which the office closely approximates the amount of
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       03-03 09:58  2nd Sub. (Gray) H.B. 183
4007  taxes the business entity paid under Title 59, Chapter 12, Sales and Use Tax Act, for
4008  a capital project.
4009     (4) If the office identifies any of the following events after entering into a written
4010  agreement with a business entity, the office and the business entity shall amend, or the
4011  office may terminate, the written agreement:
4012  (a) a change in the business entity's organization resulting from a merger with or
4013  acquisition of another entity located in the state;
4014  (b) a material increase in the business entity's retail operations that results in new state
4015  revenue not subject to the incentive; or
4016  (c) an increase in the business entity's operations that:
4017  (i) is outside the scope of the written agreement or outside the boundaries of a
4018  development zone; and
4019  (ii) results in new state revenue not subject to the incentive.
4020  Section 54. Section 63N-4-803 is amended to read:
4021  63N-4-803 (Effective 05/06/26). County Economic Opportunity Advisory Board.
4022     (1)(a) Each rural county that seeks to obtain a grant from the office under Subsection
4023  63N-4-802(4)(a), shall create a CEO board composed of at least the following
4024  members appointed by the county legislative body:
4025  (i) a county representative;
4026  (ii) a representative of a municipality in the county;
4027  (iii) a workforce development representative;
4028  (iv) a private-sector representative; and
4029  (v) a member of the public who lives in the county.
4030  (b) The county legislative body may also appoint additional members with experience or
4031  expertise in economic development matters.
4032  (c) In appointing members of the CEO board, the county legislative body may consider [
4033  gender] sex and socioeconomic diversity.
4034     (2) Each CEO board shall assist and advise the county legislative body on:
4035  (a) applying for a grant under Subsection 63N-4-802(4)(a);
4036  (b) what projects should be funded by grant money provided to a rural county under
4037  Subsection 63N-4-802(4)(a); and
4038  (c) preparing reporting requirements for grant money received by a rural county under
4039  Subsection 63N-4-802(4)(a).
4040  Section 55. Section 67-1-2.5 is amended to read:
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       2nd Sub. (Gray) H.B. 183  03-03 09:58
4041  67-1-2.5 (Effective 05/06/26). Executive boards -- Database -- Governor's review
4042     of new boards -- Creation of boards and commissions -- Inactive boards.
4043     (1) As used in this section:
4044  (a) "Administrator" means the boards and commissions administrator designated under
4045  Subsection (3).
4046  (b) "Executive board" means an executive branch board, commission, council,
4047  committee, working group, task force, study group, advisory group, or other body:
4048  (i) with a defined limited membership;
4049  (ii) that is created by the constitution, by statute, by executive order, by the governor,
4050  lieutenant governor, attorney general, state auditor, or state treasurer or by the
4051  head of a department, division, or other administrative subunit of the executive
4052  branch of state government; and
4053  (iii) that is created to operate for more than six months.
4054  (c) "Inactive board" means a board that does not need to function at the present time, but
4055  may need to function in the future.
4056  (d) "Interim committee" means the same as that term is defined in Legislative Joint
4057  Rules, Title 7, Chapter 1, Part 2, Creation and Organization of Legislative
4058  Committees.
4059     (2)(a) Except as provided in Subsection (2)(c), before August 1 of the calendar year
4060  following the year in which a new executive board is created in statute, the governor
4061  shall:
4062  (i) review the executive board to evaluate:
4063  (A) whether the executive board accomplishes a substantial governmental interest;
4064  and
4065  (B) whether it is necessary for the executive board to continue to exist;
4066  (ii) in the governor's review described in Subsection (2)(a)(i), consider:
4067  (A) the funding required for the executive board;
4068  (B) the staffing resources required for the executive board;
4069  (C) the time members of the executive board are required to commit to serve on
4070  the executive board; and
4071  (D) whether the responsibilities of the executive board could reasonably be
4072  accomplished through an existing entity or without statutory direction; and
4073  (iii) submit a report to the Government Operations Interim Committee recommending
4074  that the Legislature:
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       03-03 09:58  2nd Sub. (Gray) H.B. 183
4075  (A) repeal the executive board;
4076  (B) add a sunset provision or future repeal date to the executive board;
4077  (C) make other changes to make the executive board more efficient; or
4078  (D) make no changes to the executive board.
4079  (b) In conducting the evaluation described in Subsection (2)(a), the governor shall give
4080  deference to:
4081  (i) reducing the size of government; and
4082  (ii) making governmental programs more efficient and effective.
4083  (c) The governor is not required to conduct the review or submit the report described in
4084  Subsection (2)(a) for an executive board that is scheduled for repeal under Title 63I,
4085  Chapter 1, Legislative Oversight and Sunset Act, or Title 63I, Chapter 2, Repeal
4086  Dates by Title Act.
4087     (3)(a) The governor shall designate a board and commissions administrator from the
4088  governor's staff to maintain a computerized database containing information about all
4089  executive boards.
4090  (b) The administrator shall ensure that the database contains:
4091  (i) the name of each executive board;
4092  (ii) the current statutory or constitutional authority for the creation of the executive
4093  board;
4094  (iii) the sunset date on which each executive board's statutory authority expires;
4095  (iv) the state officer or department and division of state government under whose
4096  jurisdiction the executive board operates or with which the executive board is
4097  affiliated, if any;
4098  (v) the name, address, [gender] sex, telephone number, and county of each individual
4099  currently serving on the executive board, along with a notation of all vacant or
4100  unfilled positions;
4101  (vi) the title of the position held by the person who appointed each member of the
4102  executive board;
4103  (vii) the length of the term to which each member of the executive board was
4104  appointed and the month and year that each executive board member's term
4105  expires;
4106  (viii) whether members appointed to the executive board require the advice and
4107  consent of the Senate;
4108  (ix) the organization, interest group, profession, local government entity, or
  - 121 -
       2nd Sub. (Gray) H.B. 183  03-03 09:58
4109  geographic area that an individual appointed to an executive board represents, if
4110  any;
4111  (x) the party affiliation of an individual appointed to an executive board, if the statute
4112  or executive order creating the position requires representation from political
4113  parties;
4114  (xi) whether each executive board is a policy board or an advisory board;
4115  (xii) whether the executive board has or exercises rulemaking authority, or is a
4116  rulemaking board as defined in Section 63G-24-102; and
4117  (xiii) any compensation and expense reimbursement that members of the executive
4118  board are authorized to receive.
4119     (4) The administrator shall ensure the governor's website includes:
4120  (a) the information contained in the database, except for an individual's:
4121  (i) physical address;
4122  (ii) email address; and
4123  (iii) telephone number;
4124  (b) a portal, accessible on each executive board's web page within the governor's
4125  website, through which a member of the public may provide input on:
4126  (i) an individual appointed to serve on the executive board; or
4127  (ii) a sitting member of the executive board;
4128  (c) each report the administrator receives under Subsection (5); and
4129  (d) the summary report described in Subsection (6).
4130     (5)(a) Before August 1, in each even-numbered year, each executive board shall prepare
4131  and submit to the administrator a report that includes:
4132  (i) the name of the executive board;
4133  (ii) a description of the executive board's official function and purpose;
4134  (iii) a description of the actions taken by the executive board since the last report the
4135  executive board submitted to the administrator under this Subsection (5);
4136  (iv) recommendations on whether any statutory, rule, or other changes are needed to
4137  make the executive board more effective; and
4138  (v) an indication of whether the executive board should continue to exist.
4139  (b) The administrator shall compile and post the reports described in Subsection (5)(a) to
4140  the governor's website before September 1 of a calendar year in which the
4141  administrator receives a report described in Subsection (5)(a).
4142     (6)(a) Before September 1 of a calendar year in which the administrator receives a report
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       03-03 09:58  2nd Sub. (Gray) H.B. 183
4143        described in Subsection (5)(a), the administrator shall prepare a report that includes:
4144  (i) as of July 1 of that year, the total number of executive boards that exist;
4145  (ii) a summary of the reports submitted to the administrator under Subsection (5),
4146  including:
4147  (A) a list of each executive board that submitted a report under Subsection (5);
4148  (B) a list of each executive board that failed to timely submit a report under
4149  Subsection (5);
4150  (C) an indication of any recommendations made under Subsection (5)(a)(iv);
4151  (D) a list of any executive boards that indicated under Subsection (5)(a)(v) that the
4152  executive board should no longer exist; and
4153  (E) a recommendation regarding whether the administrator recommends the
4154  executive board should continue to exist; and
4155  (iii) a list of each executive board, identified and reported by the Division of
4156  Archives and Record Services under Section 63A-16-601, that did not post a
4157  notice of a public meeting on the Utah Public Notice Website during the previous
4158  fiscal year.
4159        (b) On or before September 1 of a calendar year in which the administrator prepares a
4160  report described in Subsection (6)(a), in accordance with Section 68-3-14, the
4161  administrator shall submit the report to:
4162  (i) the president of the Senate;
4163  (ii) the speaker of the House of Representatives; and
4164  (iii) the Government Operations Interim Committee.
4165        (c)(i) Within 60 days after the day on which an executive board fails to timely submit
4166  a report under Subsection (5), a legislative interim committee shall conduct a
4167  review to determine whether to recommend repeal of the executive board.
4168  (ii) The Office of Legislative Research and General Counsel shall notify the chairs of
4169  an interim committee whose subject area most closely relates to an executive
4170  board described in Subsection (6)(c)(i) of:
4171  (A) the name of the board;
4172  (B) information regarding the function of the board; and
4173  (C) the deadline by which the interim committee is required to conduct a review
4174  described in Subsection (6)(c)(i).
4175  (iii) If there is not an interim committee with a subject area relating to the executive
4176  board, or if the interim committee described in Subsection (6)(c)(ii) is unable to
  - 123 -
       2nd Sub. (Gray) H.B. 183  03-03 09:58
4177  timely conduct the review described in Subsection (6)(c), the Government
4178  Operations Interim Committee shall conduct the review.
4179  (iv) If an interim committee recommends that an executive board described in
4180  Subsection (6)(c)(i) be repealed, the Office of Legislative Research and General
4181  Counsel shall draft a bill repealing the executive board.
4182     (7) The Legislature may not create an executive board except through a bill that receives a
4183  favorable recommendation by unanimous vote of an interim committee.
4184     (8) Except for an executive board created by the Utah Constitution, an interim committee
4185  may determine that an executive board is an inactive board and recommend that the
4186  governor deactivate the executive board.
4187     (9) Except for an executive board created by the Utah Constitution, an interim committee
4188  may recommend that the governor reactivate a deactivated executive board.
4189     (10) If an interim committee recommends that the governor deactivate or reactivate an
4190  executive board, the chairs of the interim committee shall submit a written notice
4191  identifying the name of the executive board and the reason for the recommendation to:
4192  (a) the governor;
4193  (b) the chairs of the Legislative Management Committee;
4194  (c) the administrator, as defined in Section 67-1-2.5; and
4195  (d) the executive branch agency that oversees the board.
4196     (11) Except for an executive board created by the Utah Constitution, the Legislature may
4197  deactivate or reactivate an executive board by concurrent resolution.
4198     (12)(a) Except as provided in Subsection (12)(c), the governor may determine that an
4199  executive board is an inactive board:
4200  (i) in response to the recommendation of an interim committee; or
4201  (ii) based on the governor's own determination.
4202  (b) Except as provided in Subsection (12)(c), if the governor determines that an
4203  executive board is an inactive board, the governor may deactivate the executive board.
4204  (c) The governor may not deactivate an executive board if:
4205  (i) the executive board is created by the Utah Constitution;
4206  (ii) within the previous one-year period, the Legislature created the executive board,
4207  reauthorized the executive board, or, by concurrent resolution, reactivated the
4208  executive board; or
4209  (iii) the board is created by a statute that expressly prohibits the governor from
4210  deactivating the executive board.
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       03-03 09:58  2nd Sub. (Gray) H.B. 183
4211  (d) An executive board that the governor deactivates under Subsection (12)(b), or that
4212  the Legislature deactivates by concurrent resolution, may not take an action or fulfill
4213  a duty that the executive board is otherwise statutorily authorized to take or fulfill.
4214     (13)(a) Except as provided in Subsection (13)(c), the governor may determine that a
4215  deactivated executive board should be reactivated.
4216  (b) Except as provided in Subsection (13)(c), if the governor determines that a
4217  deactivated executive board should be reactivated, the governor may reactivate the
4218  executive board.
4219  (c) The governor may not reactivate an executive board if:
4220  (i) within the previous one-year period, the Legislature deactivated the executive
4221  board by concurrent resolution; or
4222  (ii) the board is created by a statute that expressly prohibits the governor from
4223  reactivating the executive board.
4224  (d) An executive board that the governor reactivates under Subsection (13)(b), or that
4225  the Legislature reactivates by concurrent resolution, may take an action or fulfill a
4226  duty that the executive board is statutorily authorized to take or fulfill.
4227     (14) Before the governor deactivates or reactivates an executive board under this section,
4228  the governor shall submit a written notice identifying the name of the board and the
4229  reason the governor has determined to deactivate or reactivate the executive board to:
4230  (a) the chairs of the Legislative Management Committee;
4231  (b) the chairs of the Government Operations Interim Committee;
4232  (c) the administrator, as defined in Section 67-1-2.5; and
4233  (d) the executive branch agency that oversees the board.
4234  Section 56. Section 67-1-11 is amended to read:
4235  67-1-11 (Effective 05/06/26). Sex balance in appointing board members.
4236     (1) As used in this section, "appointing authority" means the speaker of the House, the
4237  president of the Senate, the governor, the governor's designee, nominating committee, or
4238  executive branch officer or other body empowered by statute or rule to make any
4239  appointment or nomination for appointment to any board, committee, bureau,
4240  commission, council, panel, or other entity.
4241     (2) In making a nomination, appointment, or reappointment to fill a vacancy on any board,
4242  committee, bureau, commission, council, or other entity, the appointing authority shall
4243  strongly consider nominating, appointing, or reappointing a qualified individual whose [
4244  gender] sex is in the minority on that entity.
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       2nd Sub. (Gray) H.B. 183  03-03 09:58
4245  Section 57. Section 76-5d-101 is amended to read:
4246  76-5d-101 (Effective 05/06/26). Definitions.
4247        As used in this chapter:
4248     (1) "Adult" is an individual who is 18 years old or older.
4249     (2) "Child" is an individual younger than 18 years old.
4250     (3) "Female breast" means the undeveloped, partially developed, or developed breast of a
4251  female individual.
4252     (4) "HIV infection" means an indication of a Human Immunodeficiency Virus (HIV)
4253  infection determined by current medical standards and detected by any of the following:
4254  (a) presence of antibodies to HIV, verified by a positive confirmatory test, such as
4255  Western blot with an interpretation based on criteria currently recommended by the
4256  Association of State and Territorial Public Health Laboratory Directors or another
4257  confirmatory test approved by the Utah State Health Laboratory;
4258  (b) presence of HIV antigen;
4259  (c) isolation of HIV; or
4260  (d) demonstration of HIV proviral DNA.
4261     (5) "HIV positive individual" means an individual who has an HIV infection.
4262     (6) "Local law enforcement agency" means an agency responsible for investigating
4263  violations of offenses in Part 2, General Offenses, the filing of charges that may lead to
4264  convictions, and the conducting of, or obtaining the results of, tests for HIV infection.
4265     (7) "Positive" means an indication of HIV infection.
4266     (8) "Prostituted individual" means an individual engaged in prostitution or sexual
4267  solicitation.
4268     (9) "Prostitution" means engaging in sexual activity with another individual in exchange for
4269  a fee or the functional equivalent of a fee.
4270     (10) "Public place" means a place to which the public or any substantial group of the public
4271  has access.
4272     (11) "Sexual activity" means, regardless of the [gender] sex of either participant:
4273  (a) an act of masturbation, sexual intercourse, or any sexual act involving the genitals of
4274  one individual and the mouth or anus of another individual; or
4275  (b) the touching of the genitals, female breast, or anus of one individual with any other
4276  body part of another individual with the intent to sexually arouse or gratify either
4277  individual.
4278     (12) "Sexual solicitation" means the conduct described in Section 76-5d-209, sexual
  - 126 -
       03-03 09:58  2nd Sub. (Gray) H.B. 183
4279  solicitation by an actor offering to engage in sexual activity for compensation.
4280     (13) "Test" means a test for HIV infection in accordance with standards recommended by
4281  the Department of Health and Human Services.
4282  Section 58. Section 77-7-17.5 is amended to read:
4283  77-7-17.5 (Effective 05/06/26). Physical body cavity search policy --
4284     Requirements.
4285     (1) As used in this section:
4286  (a) "Arrestee" means an individual who is in the custody of law enforcement for an
4287  offense for which the individual has not been convicted.
4288  (b)(i) "Body cavity" includes the anus, rectum, vagina, esophagus, or stomach.
4289  (ii) "Body cavity" does not include the mouth, ear canal, or nasal passages.
4290  (c)(i) "Physical body cavity search" means a search of a body cavity of an individual
4291  that involves touching the individual with:
4292  (A) any part of another individual's body; or
4293  (B) an instrument or other item.
4294  (ii) "Physical body cavity search" does not include a clothed, pat down search.
4295     (2) Each county jail shall adopt and implement a policy that meets the minimum standards
4296  contained in a model policy established by the Commission on Criminal and Juvenile
4297  Justice.
4298     (3) The model policy shall specify the minimum standards and procedures to be followed
4299  by the county jail when a body cavity search is performed on an arrestee within the
4300  county jail's jurisdiction, including:
4301  (a) stating with specificity the circumstances under which a body cavity search may be
4302  performed on an arrestee;
4303  (b) designating who may authorize the performance of a body cavity search;
4304  (c) designating specific jail staff or medical personnel who may perform a body cavity
4305  search;
4306  (d) requiring any nonmedically trained jail staff who may perform a body cavity search
4307  to be trained on safe practices for conducting a body cavity search;
4308  (e) requiring documentation of each body cavity search performed at the correctional
4309  facility, including:
4310  (i) the identity of the arrestee searched;
4311  (ii) the date, time, and location of the search;
4312  (iii) the identity of the individual performing the search;
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       2nd Sub. (Gray) H.B. 183  03-03 09:58
4313  (iv) the identity of the individual authorizing the search;
4314  (v) a description of the body areas searched and the procedures followed in
4315  performing the search; and
4316  (vi) the circumstances necessitating the body cavity search; and
4317  (f) designating rules and procedures to be followed, by authorized staff, when
4318  performing a body cavity search that account for the health and privacy interests of
4319  the arrestee, including:
4320  (i) the location where a body cavity search must be performed;
4321  (ii) the [gender] sex requirements of the individuals who perform or observe the
4322  search in relation to the [gender] sex of the arrestee being searched; and
4323  (iii) methods to ensure the body cavity search is conducted with the minimal amount
4324  of touching necessary to effectuate the purposes of the search.
4325     (4) A county jail's body cavity search policy is a public record.
4326  Section 59. Section 78A-2-110 is amended to read:
4327  78A-2-110 (Effective 05/06/26). Databases for judicial boards.
4328     (1) As used in this section, "judicial board" means any judicial branch board, commission,
4329  council, committee, working group, task force, study group, advisory group, or other
4330  body with a defined limited membership that is created to operate for more than six
4331  months by:
4332  (a) the constitution;
4333  (b) statute;
4334  (c) judicial order;
4335  (d) any justice or judge;
4336  (e) the Judicial Council;
4337  (f) the state court administrator, a district court administrator, trial court executive, or a
4338  business and chancery court administrator; or
4339  (g) any clerk or administrator in the judicial branch of state government.
4340     (2) The Judicial Council shall designate an individual from the Judicial Council's staff to
4341  maintain a computerized database containing information about all judicial boards.
4342     (3) The individual designated to maintain the database shall:
4343  (a) ensure that the database contains:
4344  (i) the name of the judicial board;
4345  (ii) the statutory or constitutional authority for the creation of the judicial board;
4346  (iii) the court or other judicial entity under whose jurisdiction the judicial board
  - 128 -
       03-03 09:58  2nd Sub. (Gray) H.B. 183
4347  operates or with which the judicial board is affiliated, if any;
4348  (iv) the name, address, [gender] sex, telephone number, and county of each individual
4349  currently serving on the judicial board, along with a notation of all vacant or
4350  unfilled positions;
4351  (v) the title of the position held by the individual who appointed each member of the
4352  judicial board;
4353  (vi) the length of the term to which each member of the judicial board was appointed
4354  and the month and year that each judicial board member's term expires;
4355  (vii) the organization, interest group, profession, local government entity, or
4356  geographic area that the member of the judicial board represents, if any;
4357  (viii) whether or not the judicial board allocates state or federal funds and the amount
4358  of those funds allocated during the last fiscal year;
4359  (ix) whether the judicial board is a policy board or an advisory board;
4360  (x) whether or not the judicial board has or exercises rulemaking authority; and
4361  (xi) any compensation and expense reimbursement that members of the executive
4362  board are authorized to receive;
4363        (b) make the information contained in the database available to the public upon request;
4364        (c) cooperate with other entities of state government to publish the data or useful
4365  summaries of the data;
4366        (d) prepare, publish, and distribute an annual report by April 1 of each year that
4367  includes, as of March 1 of that year:
4368  (i) the total number of judicial boards;
4369  (ii) the name of each of those judicial boards and the court, council, administrator,
4370  executive, or clerk under whose jurisdiction the executive board operates or with
4371  which the judicial board is affiliated, if any;
4372  (iii) for each court, council, administrator, executive, or clerk, the total number of
4373  judicial boards under the jurisdiction of or affiliated with that court, council,
4374  administrator, executive, or clerk;
4375  (iv) the total number of members for each of those judicial boards;
4376  (v) whether each board is a policymaking board or an advisory board and the total
4377  number of policy boards and the total number of advisory boards; and
4378  (vi) the compensation, if any, paid to the members of each of those judicial boards;
4379  and
4380        (e) distribute copies of the report described in Subsection (3)(d) to:
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       2nd Sub. (Gray) H.B. 183  03-03 09:58
4381  (i) the chief justice of the Utah Supreme Court;
4382  (ii) the state court administrator;
4383  (iii) the governor;
4384  (iv) the president of the Utah Senate;
4385  (v) the speaker of the Utah House;
4386  (vi) the Office of Legislative Research and General Counsel; and
4387  (vii) any other persons who request a copy of the annual report.
4388  Section 60. Section 78B-6-2401 is amended to read:
4389  78B-6-2401 (Effective 05/06/26). Definitions.
4390        As used in this part:
4391     (1) "AMA guides" means the edition of the American Medical Association's Guides to the
4392  Evaluation of Permanent Impairment in effect at the time of the performance of an
4393  examination or test on an exposed individual.
4394     (2) "Asbestos" means chrysotile, amosite, crocidolite, tremolite asbestos, anthophyllite
4395  asbestos, actinolite asbestos, asbestiform winchite, asbestiform richterite, asbestiform
4396  amphibole minerals, and any of these minerals that have been chemically treated or
4397  altered, including all minerals defined as asbestos in 29 C.F.R. Sec. 1910 at the time the
4398  asbestos action is filed.
4399     (3) "Asbestosis" means bilateral diffuse interstitial fibrosis of the lungs caused by the
4400  inhalation of asbestos fibers.
4401     (4)(a) "Asbestos action" means a claim for damages or other civil or equitable relief
4402  presented in a civil action resulting from, based on, or related to:
4403  (i) the health effects of exposure to asbestos, including:
4404  (A) loss of consortium;
4405  (B) wrongful death;
4406  (C) mental or emotional injury;
4407  (D) risk or fear of disease or other injury; and
4408  (E) costs of medical monitoring or surveillance; and
4409  (ii) any other derivative claim made by or on behalf of an individual exposed to
4410  asbestos or a representative, spouse, parent, child, or other relative of that
4411  individual.
4412  (b) "Asbestos action" does not include a claim for workers' compensation or veterans
4413  benefits.
4414     (5) "Asbestos trust" means a:
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       03-03 09:58  2nd Sub. (Gray) H.B. 183
4415  (a) government-approved or court-approved trust that is intended to provide
4416  compensation to claimants arising out of, based on, or related to the health effects of
4417  exposure to asbestos or asbestos-containing products;
4418  (b) qualified settlement fund that is intended to provide compensation to claimants
4419  arising out of, based on, or related to the health effects of exposure to asbestos or
4420  asbestos-containing products;
4421  (c) compensation fund or claims facility created as a result of an administrative or legal
4422  action that is intended to provide compensation to claimants arising out of, based on,
4423  or related to the health effects of exposure to asbestos or asbestos-containing
4424  products;
4425  (d) court-approved bankruptcy that is intended to provide compensation to claimants
4426  arising out of, based on, or related to the health effects of exposure to asbestos or
4427  asbestos-containing products; or
4428  (e) plan of reorganization or trust pursuant to 11 U.S.C. Sec. 524(g) or 11 U.S.C. Sec.
4429  1121(a) or other applicable provision of law that is intended to provide compensation
4430  to claimants arising out of, based on, or related to the health effects of exposure to
4431  asbestos or asbestos-containing products.
4432     (6) "ATS testing standards" means the official technical statements from the American
4433  Thoracic Society for pulmonary function testing in effect at the time of the performance
4434  of an examination or test on an exposed individual.
4435     (7) "Board-certified physician in internal medicine" means a licensed physician who is
4436  certified by the American Board of Internal Medicine or the American Osteopathic
4437  Board of Internal Medicine.
4438     (8) "Board-certified physician in occupational medicine" means a licensed physician who is
4439  certified in the specialty of:
4440  (a) occupational medicine by the American Board of Preventative Medicine; or
4441  (b) occupational and environmental medicine by the American Osteopathic Board of
4442  Preventative Medicine.
4443     (9) "Board-certified physician in pathology" means a licensed physician:
4444  (a) who holds primary certification in anatomic pathology or clinical pathology from the
4445  American Board of Pathology or the American Osteopathic Board of Pathology; and
4446  (b) whose professional practice is principally in the field of pathology involving regular
4447  evaluation of pathology materials obtained from surgical or postmortem specimens.
4448     (10) "Board-certified physician in pulmonary medicine" means a licensed physician who is
  - 131 -
       2nd Sub. (Gray) H.B. 183  03-03 09:58
4449  certified in the specialty of pulmonary medicine by the American Board of Internal
4450  Medicine or the American Osteopathic Board of Internal Medicine.
4451     (11) "Certified B reader" means a physician who is certified as a B reader by the National
4452  Institute for Occupational Safety and Health.
4453     (12) "Chest x-ray" means a chest film taken in accordance with applicable state and federal
4454  laws and taken in the posterior-anterior view.
4455     (13) "Exposed individual" means an individual whose exposure to asbestos is the basis for
4456  the asbestos action.
4457     (14) "FEV1" means the maximal volume of air expelled in the first second during
4458  performance of spirometry.
4459     (15) "FEV1/FVC ratio" means the ratio that is calculated from FEV1 divided by FVC.
4460     (16) "FVC" means the maximal volume of air expired with maximum effort from a position
4461  of full inspiration.
4462     (17) "ILO system" means the system for the classification of chest x-rays provided in the
4463  International Labour Office's Guidelines for the Use of ILO International Classification
4464  of Radiographs of Pneumoconioses in effect at the time of the performance of an
4465  examination or test on an exposed individual.
4466     (18) "Law firm" means a person that employs a lawyer.
4467     (19) "Lawyer" means an individual who is authorized to provide legal services in any state
4468  or territory of the United States.
4469     (20)(a) "Nonmalignant condition" means a condition that may be caused by asbestos
4470  other than a diagnosed cancer.
4471  (b) "Nonmalignant condition" does not include asbestos-related lung cancer
4472  accompanied by asbestosis.
4473     (21) "Pathological evidence of asbestosis" means a statement by a board-certified physician
4474  in pathology that more than one representative section of lung tissue demonstrates a
4475  pattern of peribronchiolar or parenchymal scarring in the presence of characteristic
4476  asbestos bodies and there is no other more likely explanation for the presence of the
4477  fibrosis.
4478     (22) "Plaintiff" means:
4479  (a) the person bringing the asbestos action, including a personal representative if the
4480  asbestos action is brought by an estate; or
4481  (b) a conservator or next friend if the asbestos action is brought on behalf of a minor or
4482  legally incapacitated individual.
  - 132 -
       03-03 09:58  2nd Sub. (Gray) H.B. 183
4483     (23) "Plethysmography" means the test for determining lung volume in which the exposed
4484  individual is enclosed in a chamber equipped to measure pressure, flow, or volume
4485  change.
4486     (24) "Predicted lower limit of normal" means the fifth percentile of healthy populations
4487  based on age, height, and [gender] sex as referenced in the AMA guides.
4488     (25) "Pulmonary function testing" means spirometry, lung volume testing, and diffusion
4489  capacity testing, including appropriate measurements, quality control data, and graphs,
4490  that are performed in accordance with the methods of calibration and techniques
4491  provided in the AMA guides and the ATS testing standards in effect at the time of the
4492  performance of a test on an exposed individual.
4493     (26) "Qualified physician" means a licensed physician who:
4494  (a) is a board-certified physician in internal medicine, a board-certified physician in
4495  occupational medicine, a board-certified physician in pathology, or a board-certified
4496  physician in pulmonary medicine, as is appropriate to the diagnostic specialty in
4497  question;
4498  (b)(i) conducted a physical examination of the exposed individual and took a detailed
4499  occupational, exposure, medical, smoking, and social history from the exposed
4500  individual; or
4501  (ii) if the exposed individual is deceased, reviewed the pathology material and took a
4502  detailed history from the individual most knowledgeable about the information
4503  forming the basis of the asbestos action;
4504  (c)(i) treated the exposed individual and had a physician-patient relationship with the
4505  exposed individual at the time of the physical examination; or
4506  (ii) if the licensed physician is a board-certified physician in pathology, examined
4507  tissue samples or pathological slides of the exposed individual;
4508  (d) prepared or directly supervised the preparation and final review of a medical report
4509  under this part; and
4510  (e) has not relied on any examinations, tests, radiographs, reports, or opinions of a
4511  doctor, clinic, laboratory, or testing company that performed an examination, test,
4512  radiograph, or screening of the exposed individual in violation of a law, regulation,
4513  licensing requirement, or medical ethics requirement of the state in which the
4514  examination, test, radiograph, or screening of the exposed individual was conducted.
4515     (27) "Radiological evidence of asbestosis" means a quality 1 or 2 chest x-ray showing
4516  bilateral small, irregular opacities, classified by width as s, t, or u, that occur primarily in
  - 133 -
       2nd Sub. (Gray) H.B. 183  03-03 09:58
4517  the lower lung zones graded by a certified B reader as at least 1/0 on the ILO system.
4518     (28) "Radiological evidence of diffuse bilateral pleural thickening" means a quality 1 or 2
4519  chest x-ray showing diffuse bilateral pleural thickening of at least b2 on the ILO system
4520  and blunting of at least one costophrenic angle as classified by a certified B reader.
4521     (29) "Spirometry" means a test of air capacity of the lung through a spirometer that
4522  measures the volume of air inspired and expired.
4523     (30) "Supporting test results" means a report by a certified B reader, x-ray examinations,
4524  diagnostic imaging of the chest, pathology reports, pulmonary function testing, and other
4525  tests, which are reviewed by the diagnosing physician or qualified physician in reaching
4526  the physician's conclusions.
4527     (31) "Sworn declaration" means the same as that term is defined in Section 78B-18a-102.
4528     (32) "Timed gas dilution" means a method for measuring total lung capacity in which the
4529  individual breaths into a spirometer containing a known concentration of an inert and
4530  insoluble gas for a specific time and the concentration of that inert and insoluble gas in
4531  the lung is compared to the concentration of that type of gas in the spirometer.
4532     (33) "Total lung capacity" means the volume of gas contained in the lungs at the end of the
4533  maximal inspiration.
4534     (34) "Trust claims materials" means a final executed proof of claim and all other documents
4535  and information related to a claim against an asbestos trust, including:
4536  (a) claims forms and supplementary materials;
4537  (b) affidavits;
4538  (c) depositions and trial testimony;
4539  (d) work history;
4540  (e) medical and health records;
4541  (f) documents reflecting the status of a claim against an asbestos trust; and
4542  (g) all documents relating to the settlement of the trust claim if the trust claim has settled.
4543     (35) "Trust governance documents" means all documents that relate to eligibility and
4544  payment levels, including:
4545  (a) claims payment matrices; and
4546  (b) trust distribution procedures or plans for reorganization for an asbestos trust.
4547     (36) " Veterans benefits" means a program for benefits in connection with military service
4548  administered by the United States Department of Veterans Affairs under United States
4549  Code, Title 38, Veterans Benefits.
4550     (37)(a) "Workers' compensation" means a program administered by the United States or
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       03-03 09:58  2nd Sub. (Gray) H.B. 183
4551  a state to provide benefits, funded by a responsible employer or the employer's
4552  insurance carrier, for occupational diseases or injuries or for disability or death
4553  caused by occupational diseases or injuries.
4554  (b) "Workers' compensation" includes the Longshore and Harbor Workers'
4555  Compensation Act, 33 U.S.C. Sec. 901 et seq., and Federal Employees'
4556  Compensation Act, 5 U.S.C. Sec. 8101 et seq.
4557  (c) "Workers' compensation" does not include the Federal Employers' Liability Act, 45
4558  U.S.C. Sec. 51 et seq.
4559  Section 61. Section 79-2-203 is amended to read:
4560  79-2-203 (Effective 05/06/26). Policy board members.
4561     (1) Members of a policy board within the department shall be appointed consistent with the
4562  following criteria:
4563  (a) geographical distribution;
4564  (b) expertise or personal experience with subject matter;
4565  (c) diversity of opinion and political preference; and
4566  (d) [gender] sex, cultural, and ethnic representation.
4567     (2) The governor may remove a member at any time for official misconduct, habitual or
4568  willful neglect of duty, or for other good and sufficient cause.
4569     (3) No member of the Legislature may serve as a member of a division policy board.
4570     (4)(a) In addition to the disclosures required by Section 67-16-7, a board member shall
4571  disclose any conflict of interest to the board.
4572  (b) Notwithstanding Section 67-16-9, a board member with a substantial conflict may
4573  serve on the board if the member refrains from voting on a board action when the
4574  conflict involves:
4575  (i) a direct financial interest in the subject under consideration; or
4576  (ii) an entity or asset that could be substantially affected by the outcome of board
4577  action.
4578  Section 62. Section 81-9-204 is amended to read:
4579  81-9-204 (Effective 05/06/26). Custody and parent-time of a minor child --
4580     Custody factors -- Preferences.
4581     (1) In a proceeding between parents in which the custody and parent-time of a minor child
4582  is at issue, the court shall consider the best interests of the minor child in determining
4583  any form of custody and parent-time.
4584     (2) The court shall determine whether an order for custody or parent-time is in the best
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       2nd Sub. (Gray) H.B. 183  03-03 09:58
4585  interests of the minor child by a preponderance of the evidence.
4586     (3) In determining any form of custody and parent-time under Subsection (1), the court
4587  shall consider:
4588  (a) for each parent, and in accordance with Section 81-9-104, evidence of domestic
4589  violence, physical abuse, or sexual abuse involving the minor child, the parent, or a
4590  household member of the parent;
4591  (b) whether the parent has intentionally exposed the minor child to:
4592  (i) pornography; or
4593  (ii) material harmful to minors, as "material" and "harmful to minors" are defined in
4594  Section 76-5c-101; and
4595  (c) whether custody and parent-time would endanger the minor child's health or physical
4596  or psychological safety.
4597     (4) In determining the form of custody and parent-time that is in the best interests of the
4598  minor child, the court may consider, among other factors the court finds relevant, the
4599  following for each parent:
4600  (a) evidence of psychological maltreatment;
4601  (b) the parent's demonstrated understanding of, responsiveness to, and ability to meet the
4602  developmental needs of the minor child, including the minor child's:
4603  (i) physical needs;
4604  (ii) emotional needs;
4605  (iii) educational needs;
4606  (iv) medical needs; and
4607  (v) any special needs;
4608  (c) the parent's capacity and willingness to function as a parent, including:
4609  (i) parenting skills;
4610  (ii) co-parenting skills, including:
4611  (A) ability to appropriately communicate with the other parent;
4612  (B) ability to encourage the sharing of love and affection; and
4613  (C) willingness to allow frequent and continuous contact between the minor child
4614  and the other parent, except that, if the court determines that the parent is
4615  acting to protect the minor child from domestic violence, neglect, or abuse, the
4616  parent's protective actions may be taken into consideration; and
4617  (iii) ability to provide personal care rather than surrogate care;
4618  (d) the past conduct and demonstrated moral character of the parent as described in
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       03-03 09:58  2nd Sub. (Gray) H.B. 183
4619  Subsection (9);
4620  (e) the emotional stability of the parent;
4621  (f) the parent's inability to function as a parent because of drug abuse, excessive
4622  drinking, or other causes;
4623  (g) the parent's reason for having relinquished custody or parent-time in the past;
4624  (h) duration and depth of desire for custody or parent-time;
4625  (i) the parent's religious compatibility with the minor child;
4626  (j) the parent's financial responsibility;
4627  (k) the child's interaction and relationship with step-parents, extended family members
4628  of other individuals who may significantly affect the minor child's best interests;
4629  (l) who has been the primary caretaker of the minor child;
4630  (m) previous parenting arrangements in which the minor child has been happy and
4631  well-adjusted in the home, school, and community;
4632  (n) the relative benefit of keeping siblings together;
4633  (o) the stated wishes and concerns of the minor child, taking into consideration the
4634  minor child's cognitive ability and emotional maturity;
4635  (p) the relative strength of the minor child's bond with the parent, meaning the depth,
4636  quality, and nature of the relationship between the parent and the minor child; and
4637  (q) any other factor the court finds relevant.
4638     (5)(a) A minor child may not be required by either party to testify unless the trier of fact
4639  determines that extenuating circumstances exist that would necessitate the testimony
4640  of the minor child be heard and there is no other reasonable method to present the
4641  minor child's testimony.
4642  (b)(i) The court may inquire and take into consideration the minor child's desires
4643  regarding future custody or parent-time schedules, but the expressed desires are
4644  not controlling and the court may determine the minor child's custody or
4645  parent-time otherwise.
4646  (ii) The desires of a minor child who is 14 years old or older shall be given added
4647  weight, but is not the single controlling factor.
4648  (c)(i) If an interview with a minor child is conducted by the court in accordance with
4649  Subsection (5)(b), the interview shall be conducted by the court in camera.
4650  (ii) The prior consent of the parties may be obtained but is not necessary if the court
4651  finds that an interview with a minor child is the only method to ascertain the
4652  minor child's desires regarding custody.
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       2nd Sub. (Gray) H.B. 183  03-03 09:58
4653     (6)(a) Except as provided in Subsection (6)(b), a court may not discriminate against a
4654  parent due to a disability, as defined in Section 57-21-2, in awarding custody or
4655  determining whether a substantial change has occurred for the purpose of modifying
4656  an award of custody.
4657  (b) The court may not consider the disability of a parent as a factor in awarding custody
4658  or modifying an award of custody based on a determination of a substantial change in
4659  circumstances, unless the court makes specific findings that:
4660  (i) the disability significantly or substantially inhibits the parent's ability to provide
4661  for the physical and emotional needs of the minor child at issue; and
4662  (ii) the parent with a disability lacks sufficient human, monetary, or other resources
4663  available to supplement the parent's ability to provide for the physical and
4664  emotional needs of the minor child at issue.
4665  (c) Nothing in this section may be construed to apply to adoption proceedings under
4666  Chapter 13, Adoption.
4667     (7) This section does not establish:
4668  (a) a preference for either parent solely because of the [gender] sex of the parent; or
4669  (b) a preference for or against joint physical custody or sole physical custody, but allows
4670  the court and the family the widest discretion to choose a parenting plan that is in the
4671  best interest of the minor child.
4672     (8) When an issue before the court involves custodial responsibility in the event of a
4673  deployment of a parent who is a service member and the service member has not yet
4674  been notified of deployment, the court shall resolve the issue based on the standards in
4675  Sections 81-10-306 through 81-10-309.
4676     (9) In considering the past conduct and demonstrated moral standards of each party under
4677  Subsection (4)(d) or any other factor a court finds relevant, the court may not:
4678  (a)(i) consider or treat a parent's lawful possession or use of cannabis in a medicinal
4679  dosage form, a cannabis product in a medicinal dosage form, or a medical
4680  cannabis device, in accordance with Title 4, Chapter 41a, Cannabis Production
4681  Establishments and Pharmacies, Title 26B, Chapter 4, Part 2, Cannabinoid
4682  Research and Medical Cannabis, or Subsection 58-37-3.7(2) or (3) any differently
4683  than the court would consider or treat the lawful possession or use of any
4684  prescribed controlled substance; or
4685  (ii) discriminate against a parent because of the parent's status as a:
4686  (A) cannabis production establishment agent, as that term is defined in Section
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       03-03 09:58  2nd Sub. (Gray) H.B. 183
4687  4-41a-102;
4688  (B) medical cannabis pharmacy agent, as that term is defined in Section 26B-4-201;
4689  (C) medical cannabis courier agent, as that term is defined in Section 26B-4-201;
4690  or
4691  (D) medical cannabis cardholder in accordance with Title 26B, Chapter 4, Part 2,
4692  Cannabinoid Research and Medical Cannabis; or
4693  (b) discriminate against a parent based upon the parent's agreement or disagreement with
4694  a minor child of the couple's:
4695  (i) assertion that the minor child's gender identity is different from the minor child's
4696  biological sex;
4697  (ii) practice of having or expressing a different gender identity than the minor child's
4698  biological sex; or
4699  (iii) sexual orientation.
4700     (10)(a) The court shall consider evidence of domestic violence if evidence of domestic
4701  violence is presented.
4702  (b) The court shall consider as primary, the safety and well-being of the minor child and
4703  the parent who experiences domestic violence.
4704  (c) A court shall consider an order issued by a court in accordance with Title 78B,
4705  Chapter 7, Part 6, Cohabitant Abuse Protective Orders, as evidence of real harm or
4706  substantiated potential harm to the minor child.
4707  (d) If a parent relocates because of an act of domestic violence or family violence by the
4708  other parent, the court shall make specific findings and orders with regards to the
4709  application of Section 81-9-209.
4710     (11) Absent a showing by a preponderance of evidence of real harm or substantiated
4711  potential harm to the minor child:
4712  (a) it is in the best interest of the minor child to have frequent, meaningful, and
4713  continuing access to each parent following separation or divorce;
4714  (b) each parent is entitled to and responsible for frequent, meaningful, and continuing
4715  access with the parent's minor child consistent with the minor child's best interests;
4716  and
4717  (c) it is in the best interest of the minor child to have both parents actively involved in
4718  parenting the minor child.
4719     (12) Notwithstanding any other provision of this chapter, the court may not grant custody or
4720  parent-time of a minor child to a parent convicted of a sexual offense, as defined in
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       2nd Sub. (Gray) H.B. 183  03-03 09:58
4721  Section 77-37-2, that resulted in the conception of the minor child unless:
4722  (a) the nonconvicted biological parent, or the legal guardian of the minor child, consents
4723  to custody or parent-time and the court determines it is in the best interest of the
4724  minor child to award custody or parent-time to the convicted parent; or
4725  (b) after the date of the conviction, the convicted parent and the nonconvicted parent
4726  cohabit and establish a mutual custodial environment for the minor child.
4727     (13) A denial of custody or parent-time under Subsection (12) does not:
4728  (a) terminate the parental rights of the parent denied parent-time or custody; or
4729  (b) affect the obligation of the convicted parent to financially support the minor child.
4730  Section 63. Section 81-9-402 is amended to read:
4731  81-9-402 (Effective 05/06/26). Custody and visitation for individuals other than a
4732     parent -- Venue.
4733     (1)(a) In accordance with Section 80-2a-201, it is the public policy of this state that a
4734  parent retain the fundamental right and duty to exercise primary control over the care,
4735  supervision, upbringing, and education of a minor child of the parent.
4736  (b) There is a rebuttable presumption that a parent's decisions are in the minor child's
4737  best interests.
4738     (2) The presumption in Subsection [(1)] (1)(b) is rebutted and a court may grant custodial or
4739  visitation rights to an individual other than a parent if the court finds, by clear and
4740  convincing evidence, that the individual seeking custodial or visitation rights has
4741  established that:
4742  (a) the individual has intentionally assumed the role and obligations of a parent;
4743  (b) the individual and the minor child have formed a substantial emotional bond and
4744  created a parent-child type relationship;
4745  (c) the individual substantially contributed emotionally or financially to the minor child's
4746  well being;
4747  (d) the assumption of the parental role is not the result of a financially compensated
4748  surrogate care arrangement;
4749  (e) the continuation of the relationship between the individual and the minor child is in
4750  the minor child's best interest;
4751  (f) the loss or cessation of the relationship between the individual and the minor child
4752  would substantially harm the minor child; and
4753  (g) the parent:
4754  (i) is absent as of the time of filing of the petition;
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       03-03 09:58  2nd Sub. (Gray) H.B. 183
4755  (ii) does not have the ability to exercise primary physical custody of the minor child
4756  as of the time of filing of the petition; or
4757  (iii) has abused or neglected the minor child, or that another court has found that the
4758  parent has abused or neglected the minor child.
4759     (3) Notwithstanding Title 78B, Chapter 3a, Venue for Civil Actions, or Section 78A-6-350,
4760  an individual shall file a verified petition, or a petition supported by an affidavit, for
4761  custodial or visitation rights to the minor child in the juvenile court if a matter is pending
4762  in the juvenile court, or in the district court in the county where the minor child:
4763  (a) currently resides; or
4764  (b) lived with a parent or an individual other than a parent who acted as a parent within
4765  six months before the commencement of the action.
4766     (4) An individual may file a petition under this section in a pending divorce, parentage
4767  action, or other proceeding, including a proceeding in the juvenile court involving
4768  custody of or visitation with a minor child.
4769     (5) The petition shall include detailed facts supporting the petitioner's right to file the
4770  petition including the criteria set forth in Subsection (2) and residency information
4771  described in Section 81-11-209.
4772     (6) An individual may not file a petition under this section against a parent who is actively
4773  serving outside the state in any branch of the military.
4774     (7) Notice of a petition filed pursuant to this chapter shall be served in accordance with the
4775  Utah Rules of Civil Procedure on all of the following:
4776  (a) the minor child's biological, adopted, presumed, declarant, and adjudicated parents;
4777  (b) any individual who has court-ordered custody or visitation rights;
4778  (c) the minor child's guardian;
4779  (d) the guardian ad litem, if one has been appointed;
4780  (e) an individual or agency that has physical custody of the minor child or that claims to
4781  have custody or visitation rights; and
4782  (f) any other individual or agency that has previously appeared in any action regarding
4783  custody of or visitation with the minor child.
4784     (8) The court may order a custody evaluation to be conducted in any proceeding brought
4785  under this section.
4786     (9) The court may enter temporary orders in a proceeding brought under this section
4787  pending the entry of final orders.
4788     (10) Except as provided in Subsection (11), a court may not grant custody of a minor child
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       2nd Sub. (Gray) H.B. 183  03-03 09:58
4789  under this section to an individual:
4790  (a) who is not the parent of the minor child; and
4791  (b) who, before a custody order is issued, is convicted, pleads guilty, or pleads no
4792  contest to a felony or attempted felony involving conduct that constitutes any of the
4793  following:
4794  (i) child abuse, as described in Sections 76-5-109, 76-5-109.2, 76-5-109.3, 76-5-109.4,
4795  and 76-5-114;
4796  (ii) child abuse homicide, as described in Section 76-5-208;
4797  (iii) child kidnapping, as described in Section 76-5-301.1;
4798  (iv) human trafficking of a child, as described in Section 76-5-308.5;
4799  (v) sexual abuse of a minor, as described in Section 76-5-401.1;
4800  (vi) rape of a child, as described in Section 76-5-402.1;
4801  (vii) object rape of a child, as described in Section 76-5-402.3;
4802  (viii) sodomy on a child, as described in Section 76-5-403.1;
4803  (ix) sexual abuse of a child, as described in Section 76-5-404.1, or aggravated sexual
4804  abuse of a child, as described in Section 76-5-404.3;
4805  (x) sexual exploitation of a minor, as described in Section 76-5b-201;
4806  (xi) aggravated sexual exploitation of a minor, as described in Section 76-5b-201.1; or
4807  (xii) an offense in another state that, if committed in this state, would constitute an
4808  offense described in this Subsection (10).
4809     (11)(a) As used in this Subsection (11), "disqualifying offense" means an offense listed
4810  in Subsection (10) that prevents a court from granting custody except as provided in
4811  this Subsection (11).
4812  (b) An individual described in Subsection (10) may only be considered for custody of a
4813  minor child if the following criteria are met by clear and convincing evidence:
4814  (i) the individual is a relative, as defined in Section 80-3-102, of the minor child;
4815  (ii) at least 10 years have elapsed from the day on which the individual is
4816  successfully released from prison, jail, parole, or probation related to a
4817  disqualifying offense;
4818  (iii) during the 10 years before the day on which the individual files a petition with
4819  the court seeking custody the individual has not been convicted, plead guilty, or
4820  plead no contest to an offense greater than an infraction or traffic violation that
4821  would likely impact the health, safety, or well-being of the minor child;
4822  (iv) the individual can provide evidence of successful treatment or rehabilitation
  - 142 -
       03-03 09:58  2nd Sub. (Gray) H.B. 183
4823  directly related to the disqualifying offense;
4824  (v) the court determines that the risk related to the disqualifying offense is unlikely to
4825  cause harm, as defined in Section 80-1-102, or potential harm to the minor child
4826  currently or at any time in the future when considering all of the following:
4827  (A) the minor child's age;
4828  (B) the minor child's [gender] sex;
4829  (C) the minor child's development;
4830  (D) the nature and seriousness of the disqualifying offense;
4831  (E) the preferences of a minor child who is 12 years old or older;
4832  (F) any available assessments, including custody evaluations, parenting
4833  assessments, psychological or mental health assessments, and bonding
4834  assessments; and
4835  (G) any other relevant information;
4836  (vi) the individual can provide evidence of the following:
4837  (A) the relationship with the minor child is of long duration;
4838  (B) that an emotional bond exists with the minor child; and
4839  (C) that custody by the individual who has committed the disqualifying offense
4840  ensures the best interests of the minor child are met;
4841  (vii)(A) there is no other responsible relative known to the court who has or likely
4842  could develop an emotional bond with the minor child and does not have a
4843  disqualifying offense; or
4844  (B) if there is a responsible relative known to the court that does not have a
4845  disqualifying offense, Subsection (11)(d) applies; and
4846  (viii) that the continuation of the relationship between the individual with the
4847  disqualifying offense and the minor child could not be sufficiently maintained
4848  through any type of visitation if custody were given to the relative with no
4849  disqualifying offense described in Subsection (11)(d).
4850        (c) The individual with the disqualifying offense bears the burden of proof regarding
4851  why placement with that individual is in the best interest of the minor child over
4852  another responsible relative or equally situated individual who does not have a
4853  disqualifying offense.
4854        (d) If, as provided in Subsection (11)(b)(vii)(B), there is a responsible relative known to
4855  the court who does not have a disqualifying offense:
4856  (i) preference for custody is given to a relative who does not have a disqualifying
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       2nd Sub. (Gray) H.B. 183  03-03 09:58
4857  offense; and
4858  (ii) before the court may place custody with the individual who has the disqualifying
4859  offense over another responsible, willing, and able relative:
4860  (A) an impartial custody evaluation shall be completed; and
4861  (B) a guardian ad litem shall be assigned.
4862     (12) Subsections (10) and (11) apply to a case pending on March 25, 2017, for which a final
4863  decision on custody has not been made and to a case filed on or after March 25, 2017.
4864  Section 64. Section 81-12-105 is amended to read:
4865  81-12-105 (Effective 05/06/26). Contents of petition.
4866     (1)(a) A petition under this chapter must be verified and include a copy of any existing
4867  child custody determination, if available.
4868  (b) The petition must specify the risk factors for abduction, including the relevant factors
4869  described in Section 81-12-106.
4870     (2) Subject to Subsection 81-11-209(5), if reasonably ascertainable, the petition must
4871  contain:
4872  (a) the name, date of birth, and [gender] sex of the minor child;
4873  (b) the customary address and current physical location of the minor child;
4874  (c) the identity, customary address, and current physical location of the respondent;
4875  (d) a statement of whether a prior action to prevent abduction or domestic violence has
4876  been filed by a party or other individual or entity having custody of the minor child,
4877  and the date, location, and disposition of the action;
4878  (e) a statement of whether a party to the proceeding has been arrested for a crime related
4879  to domestic violence, stalking, or child abuse or neglect, and the date, location, and
4880  disposition of the case; and
4881  (f) any other information required to be submitted to the court for a child custody
4882  determination under Section 81-11-209.
4883  Section 65. Section 81-12-106 is amended to read:
4884  81-12-106 (Effective 05/06/26). Factors to determine risk of abduction.
4885     (1) In determining whether there is a credible risk of abduction of a minor child, the court
4886  shall consider any evidence that the petitioner or respondent:
4887  (a) has previously abducted or attempted to abduct the minor child;
4888  (b) has threatened to abduct the minor child;
4889  (c) has recently engaged in activities that may indicate a planned abduction, including:
4890  (i) abandoning employment;
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       03-03 09:58  2nd Sub. (Gray) H.B. 183
4891  (ii) selling a primary residence;
4892  (iii) terminating a lease;
4893  (iv) closing bank or other financial management accounts, liquidating assets, hiding
4894  or destroying financial documents, or conducting any unusual financial activities;
4895  (v) applying for a passport or visa or obtaining travel documents for the respondent, a
4896  family member, or the minor child; or
4897  (vi) seeking to obtain the minor child's birth certificate or school or medical records;
4898        (d) has engaged in domestic violence, stalking, or child abuse or neglect;
4899        (e) has refused to follow a child custody determination;
4900        (f) lacks strong familial, financial, emotional, or cultural ties to the state or the United
4901  States;
4902        (g) has strong familial, financial, emotional, or cultural ties to another state or country;
4903        (h) is likely to take the minor child to a country that:
4904  (i) is not a party to the Hague Convention on the Civil Aspects of International Child
4905  Abduction and does not provide for the extradition of an abducting parent or for
4906  the return of an abducted minor child;
4907  (ii) is a party to the Hague Convention on the Civil Aspects of International Child
4908  Abduction but:
4909  (A) the Hague Convention on the Civil Aspects of International Child Abduction
4910  is not in force between the United States and that country;
4911  (B) is noncompliant according to the most recent compliance report issued by the
4912  United States Department of State; or
4913  (C) lacks legal mechanisms for immediately and effectively enforcing a return
4914  order under the Hague Convention on the Civil Aspects of International Child
4915  Abduction;
4916  (iii) poses a risk that the minor child's physical or emotional health or safety would be
4917  endangered in the country because of specific circumstances relating to the minor
4918  child or because of human rights violations committed against a minor child;
4919  (iv) has laws or practices that would:
4920  (A) enable the respondent, without due cause, to prevent the petitioner from
4921  contacting the minor child;
4922  (B) restrict the petitioner from freely traveling to or exiting from the country
4923  because of the petitioner's [gender] sex, nationality, marital status, or religion; or
4924  (C) restrict the minor child's ability legally to leave the country after the minor
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       2nd Sub. (Gray) H.B. 183  03-03 09:58
4925  child reaches the age of majority because of a minor child's [gender] sex,
4926  nationality, or religion;
4927  (v) is included by the United States Department of State on a current list of state
4928  sponsors of terrorism;
4929  (vi) does not have an official United States diplomatic presence in the country; or
4930  (vii) is engaged in active military action or war, including a civil war, to which the
4931  minor child may be exposed;
4932  (i) is undergoing a change in immigration or citizenship status that would adversely
4933  affect the respondent's ability to remain in the United States legally;
4934  (j) has had an application for United States citizenship denied;
4935  (k) has forged or presented misleading or false evidence on government forms or
4936  supporting documents to obtain or attempt to obtain a passport, a visa, travel
4937  documents, a social security card, a driver license, or other government-issued
4938  identification card or has made a misrepresentation to the United States government;
4939  (l) has used multiple names to attempt to mislead or defraud; or
4940  (m) has engaged in any other conduct the court considers relevant to the risk of
4941  abduction.
4942     (2) In the hearing on a petition under this chapter, the court shall consider any evidence that
4943  the respondent believed in good faith that the respondent's conduct was necessary to
4944  avoid imminent harm to the minor child or respondent and any other evidence that may
4945  be relevant to whether the respondent may be permitted to remove or retain the minor
4946  child.
4947  Section 66. Section 81-13-203 is amended to read:
4948  81-13-203 (Effective 05/06/26). Who may adopt -- Adoption of a minor child.
4949     (1) An adult may adopt a minor child in accordance with this section and this chapter.
4950     (2) Except as otherwise provided in this section and subject to the placement requirements
4951  described in Section 81-13-403, a minor child may be adopted by:
4952  (a) adults who are legally married to each other in accordance with the laws of this state,
4953  including adoption by a stepparent; or
4954  (b) an adult who is not married.
4955     (3) If an adult is cohabiting in a relationship that is not a legally valid and binding marriage
4956  under the laws of this state, the adult may not adopt a minor child unless the individual
4957  is a relative of the minor child or a recognized placement under the Indian Child Welfare
4958  Act, 25 U.S.C. Sec. 1901 et seq.
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       03-03 09:58  2nd Sub. (Gray) H.B. 183
4959     (4) A married adult who is lawfully separated from the married adult's spouse may not
4960  adopt a minor child without the consent of the married adult's spouse if the spouse is
4961  capable of giving consent.
4962     (5) An adult may not adopt a minor child unless:
4963  (a) the adult is at least 10 years older than the minor child; or
4964  (b) at least one adult of a married couple is at least 10 years older than the minor child if
4965  a married couple is adopting the minor child.
4966     (6) Except as provided in Subsection (7), an adult may not adopt a minor child if, before
4967  adoption is finalized, the adult has been convicted of, pleaded guilty to, or pleaded no
4968  contest to a felony or attempted felony involving conduct that constitutes:
4969  (a) child abuse, as described in Section 76-5-109;
4970  (b) aggravated child abuse, as described in Section 76-5-109.2;
4971  (c) child abandonment, as described in Section 76-5-109.3;
4972  (d) child torture, as described in Section 76-5-109.4;
4973  (e) commission of domestic violence in the presence of a child, as described in Section
4974  76-5-114;
4975  (f) child abuse homicide, as described in Section 76-5-208;
4976  (g) child kidnapping, as described in Section 76-5-301.1;
4977  (h) human trafficking of a child, as described in Section 76-5-308.5;
4978  (i) sexual abuse of a minor, as described in Section 76-5-401.1;
4979  (j) rape of a child, as described in Section 76-5-402.1;
4980  (k) object rape of a child, as described in Section 76-5-402.3;
4981  (l) sodomy on a child, as described in Section 76-5-403.1;
4982  (m) sexual abuse of a child, as described in Section 76-5-404.1;
4983  (n) aggravated sexual abuse of a child, as described in Section 76-5-404.3;
4984  (o) sexual exploitation of a minor, as described in Section 76-5b-201;
4985  (p) aggravated sexual exploitation of a minor, as described in Section 76-5b-201.1; or
4986  (q) an offense in another state that, if committed in this state, would constitute an
4987  offense described in this Subsection (6).
4988     (7)(a) As used in this Subsection (7), "disqualifying offense" means an offense listed in
4989  Subsection (6) that prevents a court from considering an adult for adoption of a minor
4990  child except as provided in this Subsection (7).
4991  (b) An adult described in Subsection (6) may only be considered for adoption of a minor
4992  child if the following criteria are met by clear and convincing evidence:
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4993  (i) at least 10 years have elapsed from the day on which the adult is successfully
4994  released from prison, jail, parole, or probation related to a disqualifying offense;
4995  (ii) during the 10 years before the day on which the adult files a petition with the
4996  court seeking adoption, the adult has not been convicted, pleaded guilty, or
4997  pleaded no contest to an offense greater than an infraction or traffic violation that
4998  would likely impact the health, safety, or well-being of the minor child;
4999  (iii) the adult can provide evidence of successful treatment or rehabilitation directly
5000  related to the disqualifying offense;
5001  (iv) the court determines that the risk related to the disqualifying offense is unlikely
5002  to cause harm, as defined in Section 80-1-102, or potential harm to the minor child
5003  currently or at any time in the future when considering all of the following:
5004  (A) the minor child's age;
5005  (B) the minor child's [gender] sex;
5006  (C) the minor child's development;
5007  (D) the nature and seriousness of the disqualifying offense;
5008  (E) the preferences of a minor child who is 12 years old or older;
5009  (F) any available assessments, including custody evaluations, home studies,
5010  pre-placement adoptive evaluations, parenting assessments, psychological or
5011  mental health assessments, and bonding assessments; and
5012  (G) any other relevant information;
5013  (v) the adult can provide evidence of all of the following:
5014  (A) the relationship with the minor child is of long duration;
5015  (B) that an emotional bond exists with the minor child; and
5016  (C) that adoption by the individual who has committed the disqualifying offense
5017  ensures the best interests of the minor child are met; and
5018  (vi) the adoption is by:
5019  (A) a stepparent whose spouse is the adoptee's parent and consents to the
5020  adoption; or
5021  (B) subject to Subsection (7)(d), a relative of the minor child, as defined in
5022  Section 80-3-102, and there is not another relative without a disqualifying
5023  offense filing an adoption petition.
5024        (c) The adult with the disqualifying offense bears the burden of proof regarding why
5025  adoption with that adult is in the best interest of the minor child over another
5026  responsible relative or equally situated adult who does not have a disqualifying
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5027  offense.
5028  (d) If there is an alternative responsible relative who does not have a disqualifying
5029  offense filing an adoption petition:
5030  (i) preference for adoption shall be given to a relative who does not have a
5031  disqualifying offense; and
5032  (ii) before the court may grant adoption to the adult who has the disqualifying offense
5033  over another responsible, willing, and able relative:
5034  (A) an impartial custody evaluation shall be completed; and
5035  (B) a guardian ad litem shall be assigned.
5036     (8) Subsections (6) and (7) apply to a case pending on March 25, 2017, for which a final
5037  decision on adoption has not been made and to a case filed on or after March 25, 2017.
5038  Section 67. Repealer.
5039  This bill repeals:
5040  Section 26B-1-239, Systematic medical evidence review of hormonal transgender
5041     treatments.
5042  Section 68. Effective Date.
5043     This bill takes effect on May 6, 2026.
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