26B-5-121. Voluntary referrals to substance use and mental health services by first responders -- Immunity from liability -- Reporting -- Rulemaking.
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Effective 5/6/2026
26B-5-121. Voluntary referrals to substance use and mental health services by first responders -- Immunity from liability -- Reporting -- Rulemaking.
(1)As used in this section:
(a)"First responder" means:
(i)a law enforcement officer, as that term is defined in Section 53-13-103 ;
(ii)emergency medical service personnel, as that term is defined in Section 53-2d-101 ;
(iii)an emergency medical technician, as that term is defined in Section 53-2e-101 ;
(iv)an advanced emergency medical technician, as that term is defined in Section 53-2e-101 ;
(v)a firefighter, as that term is defined in Section 53H-11-306 ; or
(vi)a dispatcher, as that term is defined in Section 53-6-102 .
(b)"Local services list" means a comprehensive list of local substance use or mental health services, as described in Subsections 17-77-201(5)(b)(iii) and 17-77-301(5)(c) .
(2)As and when appropriate, a first responder is encouraged to offer a referral to substance use or mental health services to an individual who experiences an intentional or accidental overdose.
(3)If an individual expresses interest in substance use or mental health services, a first responder may, as appropriate:
(a)facilitate a real-time connection with an appropriate local service provider;
(b)contact the statewide 988 crisis line for assistance; or
(c)if the individual does not wish to speak with a service provider at that time, provide the individual with a physical copy or electronic copy of a local services list.
(a)This section does not create a duty for a first responder to offer or provide a referral to substance use or mental health services.
(b)A first responder and an employer of a first responder are not liable under this section for a first responder's action or failure to act in regards to offering or providing a referral to substance use or mental health services as described in this section.
(c)This section does not affect any privilege or immunity from liability, exemption from law, ordinance, or rule, or any other benefit that applies to a first responder or an employer of a first responder.
(a)If a first responder offers a referral to substance use or mental health services as described in this section, the first responder's employer shall report annually to the division the total number of individuals who accepted a referral from all first responders employed by the employer.
(b)The division shall make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act , specifying how the reports required by Subsection (5)(a) shall be submitted.
Amended by Chapter 396 , 2026 General Session