Utah Code 26B-5-702. Utah Behavioral Health Commission — Creation — Members — Chair
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(1) There is created within the department the Utah Behavioral Health Commission.
Terms Used In Utah Code 26B-5-702
- Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
- Caucus: From the Algonquian Indian language, a caucus meant "to meet together." An informal organization of members of the legislature that exists to discuss issues of mutual concern and possibly to perform legislative research and policy planning for its members. There are regional, political or ideological, ethnic, and economic-based caucuses.
- Commission: means the Utah Behavioral Health Commission created in Section
26B-5-702 . See Utah Code 26B-5-701 - Division: means the Division of Integrated Healthcare created in Section
26B-1-1202 . See Utah Code 26B-5-101 - Mental disorder: means the same as that term is defined in the current edition of the Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association. See Utah Code 26B-5-701
- Person: means :(24)(a) an individual;(24)(b) an association;(24)(c) an institution;(24)(d) a corporation;(24)(e) a company;(24)(f) a trust;(24)(g) a limited liability company;(24)(h) a partnership;(24)(i) a political subdivision;(24)(j) a government office, department, division, bureau, or other body of government; and(24)(k) any other organization or entity. See Utah Code 68-3-12.5
- Quorum: The number of legislators that must be present to do business.
- 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
- Substance use disorder: means the same as that term is defined in the current edition of the Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association. See Utah Code 26B-5-701
(2) The commission is composed of the following 11 members:(2)(a) one individual who has lived experience with a substance use disorder, appointed by the governor with the advice and consent of the Senate;(2)(b) one individual who has lived experience with a mental disorder, appointed by the governor with the advice and consent of the Senate;(2)(c) one individual who represents families of individuals with behavioral health issues, appointed by the governor with the advice and consent of the Senate;(2)(d) one individual who represents state behavioral health agencies, appointed by the governor with the advice and consent of the Senate;(2)(e) one individual who represents major healthcare systems, appointed by the governor with the advice and consent of the Senate;(2)(f) one individual who represents private acute care providers, appointed by the governor with the advice and consent of the Senate;(2)(g) one individual who represents private outpatient providers, appointed by the governor with the advice and consent of the Senate;(2)(h) one individual who represents county behavioral health authorities, appointed by the chair of the Utah Behavioral Healthcare Committee with the advice and consent of the Senate;(2)(i) one individual who represents rural communities, appointed by the speaker of the House of Representatives;(2)(j) one individual who represents large employers, appointed by the president of the Senate; and(2)(k) one individual who represents historically underrepresented populations, appointed by the joint minority caucus leaders.(3)(3)(a) After all 11 members of the commission have been appointed, the governor shall appoint the chair of the commission from among the membership of the commission to serve a two-year term.(3)(b) A commission member may not serve as chair of the commission for more than two consecutive terms.(4)(4)(a) A member appointed by the governor shall serve a four-year term, except as provided in Subsection (4)(b).(4)(b) The governor shall stagger the initial terms of appointees so that approximately half of the members appointed by the governor are appointed every two years.(4)(c) The terms of members appointed under Subsections (2)(h) through (k) shall be staggered so that:(4)(c)(i) members appointed under Subsections (2)(h) and (i) shall serve four-year terms;(4)(c)(ii) the initial members appointed under Subsections (2)(j) and (k) shall serve an initial two-year term; and(4)(c)(iii) after the initial members appointed under Subsections (2)(j) and (k) serve an initial two-year term, members appointed under Subsections (2)(j) and (k) shall serve four-year terms.(4)(d)(4)(d)(i) The commission may remove a member of the commission for cause by a majority vote of the commission.(4)(d)(ii) The person who appointed a member of the commission may remove that member for cause.(4)(e) If a vacancy occurs in the membership of the commission for any reason, a replacement shall be appointed for the unexpired term in the same manner as the original appointment.(5)(5)(a) A majority of the members of the commission constitutes a quorum.(5)(b) The action of a majority of a quorum of the commission constitutes the action of the commission.(6) A member of the commission may not receive compensation or benefits for the member’s service, but may receive per diem and travel expenses in accordance with:(6)(a) Section63A-3-106 ;(6)(b) Section63A-3-107 ; and(6)(c) rules made by the Division of Finance under Sections63A-3-106 and63A-3-107 .(7) Consistent with the provisions of this part, the commission may adopt bylaws to govern the commission’s operation.