Utah Code 26B-4-512. Opiate Overdose Outreach Pilot Program — Grants — Annual reporting by grantees — Rulemaking — Annual reporting by department
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(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 Chapter 2, Part 2, Health Care Facility Licensing and Inspection. 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 :(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
- 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
(1)(a) “Persons that are in a position to assist an individual who is at increased risk of experiencing an opiate-related drug overdose event”:(1)(a)(i) means the following organizations:(1)(a)(i)(A) a law enforcement agency;(1)(a)(i)(B) the department or a local health department, as defined in Section 26A-1-102;(1)(a)(i)(C) an organization that provides drug or alcohol treatment services;(1)(a)(i)(D) an organization that provides services to the homeless;(1)(a)(i)(E) an organization that provides training on the proper administration of an opiate antagonist in response to an opiate-related drug overdose event;(1)(a)(i)(F) a school; or(1)(a)(i)(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(1)(a)(ii) does not mean:(1)(a)(ii)(A) a person licensed under Title 58, Chapter 17b, Pharmacy Practice Act;(1)(a)(ii)(B) a health care facility; or(1)(a)(ii)(C) an individual.(1)(b) “School” means:(1)(b)(i) a public school:(1)(b)(i)(A) for elementary or secondary education, including a charter school; or(1)(b)(i)(B) for other purposes;(1)(b)(ii) a private school:(1)(b)(ii)(A) for elementary or secondary education; or(1)(b)(ii)(B) accredited for other purposes, including higher education or specialty training; or(1)(b)(iii) an institution within the state system of higher education, as described in Section 53B-1-102.
(2) There is created within the department the “Opiate Overdose Outreach Pilot Program.”
(3) The department may use funds appropriated for the program to:
(3)(a) provide grants under Subsection (4);
(3)(b) promote public awareness of the signs, symptoms, and risks of opioid misuse and overdose;
(3)(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;
(3)(d) increase public awareness of, access to, and use of opiate antagonist;
(3)(e) update the department’s Utah Clinical Guidelines on Prescribing Opioids and promote its use by prescribers and dispensers of opioids;
(3)(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;
(3)(g) coordinate a multi-agency coalition to address opioid misuse and overdose; and
(3)(h) maintain department data collection efforts designed to guide the development of opioid overdose interventions and track their effectiveness.
(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:
(5)(a) may be used by a grantee to:
(5)(a)(i) pay for the purchase by the grantee of an opiate antagonist; or
(5)(a)(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
(5)(b) may not be used:
(5)(b)(i) to pay for costs associated with the storage or dispensing of an opiate antagonist; or
(5)(b)(ii) for any other purposes.
(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:
(7)(a) how to apply for a grant from the program;
(7)(b) the criteria used by the department to determine whether a grant request is approved, including criteria providing that:
(7)(b)(i) grants are awarded to areas of the state, including rural areas, that would benefit most from the grant; and
(7)(b)(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;
(7)(c) the criteria used by the department to determine the amount of a grant;
(7)(d) the information a grantee shall report annually to the department under Subsection (6), including:
(7)(d)(i) the amount of opiate antagonist purchased and dispensed by the grantee during the reporting period;
(7)(d)(ii) the number of individuals to whom the opiate antagonist was dispensed by the grantee;
(7)(d)(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
(7)(d)(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
(7)(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.