26B-4-512. Opiate Overdose Outreach Pilot Program — Grants — Annual reporting by grantees — Rulemaking — Annual reporting by department.
| (1) |
As used in this section:
Terms Used In Utah Code 26B-4-512- Health care facility: means a hospital, a hospice inpatient residence, a nursing facility, a dialysis treatment facility, an assisted living residence, an entity that provides home- and community-based services, a hospice or home health care agency, or another facility that provides or contracts to provide health care services, which facility is licensed under 2. See Utah Code 26B-4-501
- Increased risk: means risk exceeding the risk typically experienced by an individual who is not using, and is not likely to use, an opiate. See Utah Code 26B-4-501
- Local health department: means the same as that term is defined in Section 26A-1-102. See Utah Code 26B-1-102
- Opiate: means the same as that term is defined in Section 58-37-2. See Utah Code 26B-4-501
- Opiate antagonist: means naloxone hydrochloride or any similarly acting drug that is not a controlled substance and that is approved by the federal Food and Drug Administration for the diagnosis or treatment of an opiate-related drug overdose. See Utah Code 26B-4-501
- Opiate-related drug overdose event: means an acute condition, including a decreased level of consciousness or respiratory depression resulting from the consumption or use of a controlled substance, or another substance with which a controlled substance was combined, and that a person would reasonably believe to require medical assistance. See Utah Code 26B-4-501
- Person: means :Utah Code 68-3-12.5
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
| (a) |
“Persons that are in a position to assist an individual who is at increased risk of experiencing an opiate-related drug overdose event”:
| (i) |
means the following organizations:
| (A) |
a law enforcement agency; |
| (B) |
the department or a local health department, as defined in Section 26A-1-102; |
| (C) |
an organization that provides drug or alcohol treatment services; |
| (D) |
an organization that provides services to the homeless; |
| (E) |
an organization that provides training on the proper administration of an opiate antagonist in response to an opiate-related drug overdose event; |
| (G) |
except as provided in Subsection (1)(a)(ii), any other organization, as defined by department rule made under Subsection (7)(e), that is in a position to assist an individual who is at increased risk of experiencing an opiate-related drug overdose event; and |
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| (ii) |
does not mean:
| (B) |
a health care facility; or |
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| (b) |
“School” means:
| (i) |
a public school:
| (A) |
for elementary or secondary education, including a charter school; or |
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| (ii) |
a private school:
| (A) |
for elementary or secondary education; or |
| (B) |
accredited for other purposes, including higher education or specialty training; or |
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| (iii) |
an institution within the state system of higher education, as described in Section 53B-1-102. |
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| (2) |
There is created within the department the “Opiate Overdose Outreach Pilot Program.” |
| (3) |
The department may use funds appropriated for the program to:
| (a) |
provide grants under Subsection (4); |
| (b) |
promote public awareness of the signs, symptoms, and risks of opioid misuse and overdose; |
| (c) |
increase the availability of educational materials and other resources designed to assist individuals at increased risk of opioid overdose, their families, and others in a position to help prevent or respond to an overdose event; |
| (d) |
increase public awareness of, access to, and use of opiate antagonist; |
| (e) |
update the department’s Utah Clinical Guidelines on Prescribing Opioids and promote its use by prescribers and dispensers of opioids; |
| (f) |
develop a directory of substance misuse treatment programs and promote its dissemination to and use by opioid prescribers, dispensers, and others in a position to assist individuals at increased risk of opioid overdose; |
| (g) |
coordinate a multi-agency coalition to address opioid misuse and overdose; and |
| (h) |
maintain department data collection efforts designed to guide the development of opioid overdose interventions and track their effectiveness. |
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| (4) |
No later than September 1, 2016, and with available funding, the department shall grant funds through the program to persons that are in a position to assist an individual who is at increased risk of experiencing an opiate-related drug overdose event. |
| (5) |
Funds granted by the program:
| (a) |
may be used by a grantee to:
| (i) |
pay for the purchase by the grantee of an opiate antagonist; or |
| (ii) |
pay for the grantee’s cost of providing training on the proper administration of an opiate antagonist in response to an opiate-related drug overdose event; and |
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| (b) |
may not be used:
| (i) |
to pay for costs associated with the storage or dispensing of an opiate antagonist; or |
| (ii) |
for any other purposes. |
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| (6) |
Grantees shall report annually to the department on the use of granted funds in accordance with department rules made under Subsection (7)(d). |
| (7) |
No later than July 1, 2016, the department shall, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, make rules specifying:
| (a) |
how to apply for a grant from the program; |
| (b) |
the criteria used by the department to determine whether a grant request is approved, including criteria providing that:
| (i) |
grants are awarded to areas of the state, including rural areas, that would benefit most from the grant; and |
| (ii) |
no more than 15% of the total amount granted by the program is used to pay for grantees’ costs of providing training on the proper administration of an opiate antagonist in response to an opiate-related drug overdose event; |
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| (c) |
the criteria used by the department to determine the amount of a grant; |
| (d) |
the information a grantee shall report annually to the department under Subsection (6), including:
| (i) |
the amount of opiate antagonist purchased and dispensed by the grantee during the reporting period; |
| (ii) |
the number of individuals to whom the opiate antagonist was dispensed by the grantee; |
| (iii) |
the number of lives known to have been saved during the reporting period as a result of opiate antagonist dispensed by the grantee; and |
| (iv) |
the manner in which the grantee shall record, preserve, and make available for audit by the department the information described in Subsections (7)(d)(i) through (7)(d)(iii); and |
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| (e) |
as required by Subsection (1)(a)(i)(G), any other organization that is in a position to assist an individual who is at increased risk of experiencing an opiate-related drug overdose event. |
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Renumbered and Amended by Chapter 307, 2023 General Session
