62A-15-103 - Division -- Creation -- Responsibilities.
62A-15-103. Division -- Creation -- Responsibilities.
(1) There is created the Division of Substance Abuse and Mental Health within thedepartment, under the administration and general supervision of the executive director. Thedivision is the substance abuse authority and the mental health authority for this state.
(2) The division shall:
(a) (i) educate the general public regarding the nature and consequences of substanceabuse by promoting school and community-based prevention programs;
(ii) render support and assistance to public schools through approved school-basedsubstance abuse education programs aimed at prevention of substance abuse;
(iii) promote or establish programs for the prevention of substance abuse within thecommunity setting through community-based prevention programs;
(iv) cooperate and assist other organizations and private treatment centers for substanceabusers, by providing them with essential materials for furthering programs of prevention andrehabilitation of actual and potential substance abusers; and
(v) promote or establish programs for education and certification of instructors to educatepersons convicted of driving under the influence of alcohol or drugs or driving with anymeasurable controlled substance in the body;
(b) (i) collect and disseminate information pertaining to mental health; and
(ii) provide direction over the state hospital including approval of its budget,administrative policy, and coordination of services with local service plans;
(iii) promulgate rules in accordance with Title 63G, Chapter 3, Utah AdministrativeRulemaking Act, to educate families concerning mental illness and promote family involvement,when appropriate, and with patient consent, in the treatment program of a family member; and
(iv) promulgate rules in accordance with Title 63G, Chapter 3, Utah AdministrativeRulemaking Act, to direct that all individuals receiving services through local mental healthauthorities or the Utah State Hospital be informed about and, if desired, provided assistance incompletion of a declaration for mental health treatment in accordance with Section 62A-15-1002;
(c) (i) consult and coordinate with local substance abuse authorities and local mentalhealth authorities regarding programs and services;
(ii) provide consultation and other assistance to public and private agencies and groupsworking on substance abuse and mental health issues;
(iii) promote and establish cooperative relationships with courts, hospitals, clinics,medical and social agencies, public health authorities, law enforcement agencies, education andresearch organizations, and other related groups;
(iv) promote or conduct research on substance abuse and mental health issues, andsubmit to the governor and the Legislature recommendations for changes in policy andlegislation;
(v) receive, distribute, and provide direction over public funds for substance abuse andmental health services;
(vi) monitor and evaluate programs provided by local substance abuse authorities andlocal mental health authorities;
(vii) examine expenditures of any local, state, and federal funds;
(viii) monitor the expenditure of public funds by:
(A) local substance abuse authorities;
(B) local mental health authorities; and
(C) in counties where they exist, the private contract provider that has an annual orotherwise ongoing contract to provide comprehensive substance abuse or mental health programsor services for the local substance abuse authority or local mental health authorities;
(ix) contract with local substance abuse authorities and local mental health authorities toprovide a comprehensive continuum of services in accordance with division policy, contractprovisions, and the local plan;
(x) contract with private and public entities for special statewide or nonclinical servicesaccording to division rules;
(xi) review and approve each local substance abuse authority's plan and each local mentalhealth authority's plan in order to ensure:
(A) a statewide comprehensive continuum of substance abuse services;
(B) a statewide comprehensive continuum of mental health services; and
(C) appropriate expenditure of public funds;
(xii) review and make recommendations regarding each local substance abuse authority'scontract with its provider of substance abuse programs and services and each local mental healthauthority's contract with its provider of mental health programs and services to ensurecompliance with state and federal law and policy;
(xiii) monitor and ensure compliance with division rules and contract requirements; and
(xiv) withhold funds from local substance abuse authorities, local mental healthauthorities, and public and private providers for contract noncompliance, failure to comply withdivision directives regarding the use of public funds, or for misuse of public funds or money;
(d) assure that the requirements of this part are met and applied uniformly by localsubstance abuse authorities and local mental health authorities across the state;
(e) require each local substance abuse authority and each local mental health authority tosubmit its plan to the division by May 1 of each year;
(f) conduct an annual program audit and review of each local substance abuse authorityin the state and its contract provider and each local mental health authority in the state and itscontract provider, including:
(i) a review and determination regarding whether:
(A) public funds allocated to local substance abuse authorities and local mental healthauthorities are consistent with services rendered and outcomes reported by them or their contractproviders; and
(B) each local substance abuse authority and each local mental health authority isexercising sufficient oversight and control over public funds allocated for substance abuse andmental health programs and services; and
(ii) items determined by the division to be necessary and appropriate;
(g) by July 1 of each year, provide to the Health and Human Services Interim Committeeand the Health and Human Services Appropriations Subcommittee a written report that includes:
(i) the annual audit and review;
(ii) the financial expenditures of each local substance abuse authority and its contractprovider and each local mental health authority and its contract provider;
(iii) the status of the compliance of each local authority and its contract provider with itsplan, state statutes, and the provisions of the contract awarded; and
(iv) whether audit guidelines established under Section 62A-15-110 and Subsection67-3-1(10) provide the division with sufficient criteria and assurances of appropriate
expenditures of public funds; and
(h) if requested by the Health and Human Services Interim Committee or the Health andHuman Services Appropriations Subcommittee, provide an oral report as requested.
(3) (a) The division may refuse to contract with and may pursue its legal remediesagainst any local substance abuse authority or local mental health authority that fails, or hasfailed, to expend public funds in accordance with state law, division policy, contract provisions,or directives issued in accordance with state law.
(b) The division may withhold funds from a local substance abuse authority or localmental health authority if the authority's contract with its provider of substance abuse or mentalhealth programs or services fails to comply with state and federal law or policy.
(4) Before reissuing or renewing a contract with any local substance abuse authority orlocal mental health authority, the division shall review and determine whether the local substanceabuse authority or local mental health authority is complying with its oversight and managementresponsibilities described in Sections 17-43-201, 17-43-203, 17-43-303, and 17-43-309. Nothingin this Subsection (4) may be used as a defense to the responsibility and liability described inSection 17-43-303 and to the responsibility and liability described in Section 17-43-203.
(5) In carrying out its duties and responsibilities, the division may not duplicate treatmentor educational facilities that exist in other divisions or departments of the state, but shall work inconjunction with those divisions and departments in rendering the treatment or educationalservices that those divisions and departments are competent and able to provide.
(6) (a) The division may accept in the name of and on behalf of the state donations, gifts,devises, or bequests of real or personal property or services to be used as specified by the donor.
(b) Those donations, gifts, devises, or bequests shall be used by the division inperforming its powers and duties. Any money so obtained shall be considered private nonlapsingfunds and shall be deposited into an interest-bearing restricted special revenue fund to be used bythe division for substance abuse or mental health services. The state treasurer may invest thefund and all interest shall remain with the fund.
(7) The division shall annually review with each local substance abuse authority and eachlocal mental health authority the authority's statutory and contract responsibilities regarding:
(a) the use of public funds;
(b) oversight responsibilities regarding public funds; and
(c) governance of substance abuse and mental health programs and services.
(8) The Legislature may refuse to appropriate funds to the division upon the division'sfailure to comply with the provisions of this part.
(9) If a local substance abuse authority contacts the division under Subsection17-43-201(9) for assistance in providing treatment services to a pregnant woman or pregnantminor, the division shall:
(a) refer the pregnant woman or pregnant minor to a treatment facility that has thecapacity to provide the treatment services; or
(b) otherwise ensure that treatment services are made available to the pregnant woman orpregnant minor.
Amended by Chapter 75, 2009 General Session