ut-20260915-R523-25: R523-25. Behavioral Health Commission Committees

1. Agency Information

Title catchline: Health and Human Services, Substance Use and Mental Health Building: Cannon Health Building Street address: 288 N 1460 W, Floor 3 City, state: Salt Lake City, UT Mailing address: 288 N 1460 W, Floor 3 UTAH STATE BULLETIN, September 15, 2026, Vol. 2026, No. 18 103 NOTICES OF PROPOSED RULES City, state and zip: Salt Lake City, UT 84116

2. Contact Persons

Name: Phone: Email: Thomas Dunford 801-538-4181 tdunford@utah.gov Mariah Noble 385-214-1150 mariahnoble@utah.gov Please address questions regarding information on this notice to the persons listed above.

A. Rule or section catchline:

R523-25. Behavioral Health Commission Committees

B. Purpose of the new rule or reason for the change:

This proposed rule is necessary to meet the mandates of statute change in HB 572, passed in the 2026 General Session of the Legislature, and to designate members of committees under the authority of the Utah Behavioral Health Committee where membership is not specified in statute.

C. Summary of the new rule or change:

This proposed rule provides for the general form and function used by the Behavioral Health Commission to appoint members to committees under its authority where membership is not specified in statute. It specifically designates the membership for the Behavioral Health Crisis Response Committee, the Behavioral Health Policy Review Committee, the Prevention and Early Intervention Committee, and the Treatment and Recovery Committee. 4. Legislative Action Information

B. If yes, any bill number and HB 572 (2026 General Session)

session: 5. Fiscal Information Provide an estimate and written explanation of the aggregate anticipated cost or savings to:

A. State budget:

There is no anticipated fiscal impact to the state budget as a result of this proposed rule. The fiscal note for SB 27, passed in the 2024 General Session, which enacted the Behavioral Health Commission (commission), captured the originally anticipated fiscal impacts of commission implementation and can be found at: https://le.utah.gov/lfa/fnotes/2024/SB0027S02.fn.pdf. The only potential costs related to this proposed rule are per diem reimbursements granted to anyone who serves on the commission or one of the commission's committees, but those costs were accounted for in the fiscal note for SB 27 (2024). This proposed rule is not anticipated to result in any additional cost or savings to the state budget.

B. Local governments:

There may be an inestimable cost to local governments as a result of this proposed rule. The fiscal note for SB 27 (2024), which enacted the commission, captured the originally anticipated fiscal impacts of commission implementation. Through SB 27 (2024), funding from the state was authorized to pay a per diem to anyone who serves on the commission or one of its committees. 104 UTAH STATE BULLETIN, September 15, 2026, Vol. 2026, No. 18 NOTICES OF PROPOSED RULES Therefore, any local government that has an employee who spends work hours at commission or committee meetings may submit an invoice for the per diem payments, potentially rendering a reimbursement for applicable salary costs that could render these costs a net zero. However, other potential costs to local governments related to this proposed rule may include loss of productivity and travel for members of the local government who serve on the commission or a committee. The state cannot further estimate productivity and billable hour cost because of the large variability of individuals who could participate in the commission or on a committee, the potential job discretions that could include a caseload or number of individuals the individual could serve if not attending a meeting, and the costs of the services that could otherwise be offered during that time. Additionally, the state cannot estimate travel costs because each commission or committee member may be traveling from a different location or through a different means of transportation. Most local governments have not requested a per diem over the past two years, but reimbursement is available if they choose that course of action. Aside from the reimbursement accounted for through SB 27's (2024) fiscal note, there are no anticipated savings.

C. Small businesses ("small business" means a business employing 1-49 persons):

There may be an inestimable cost to small businesses as a result of this proposed rule. The fiscal note for SB 27 (2024), which enacted the commission, captured the originally anticipated fiscal impacts of commission implementation. Through SB 27 (2024), funding from the state was authorized to pay a per diem to anyone who serves on the commission or one of its committees. Therefore, any small business that has an employee who spends work hours at commission or committee meetings may submit an invoice for the per diem payments, potentially rendering a reimbursement for applicable salary costs that could render these costs a net zero. However, other potential costs to small businesses related to this proposed rule may include loss of productivity and travel for employees of the small business who serve on the commission or a committee. The state cannot further estimate productivity and billable hour cost because of the large variability of individuals who could participate in the commission or on a committee, the potential job discretions that could include a caseload or number of individuals the individual could serve if not attending a meeting, and the costs of the services that could otherwise be offered during that time. Additionally, the state cannot estimate travel costs because each commission or committee member may be traveling from a different location or through a different means of transportation. Most small businesses have not requested a per diem over the past two years, but reimbursement is available if they choose that course of action. Aside from the reimbursement accounted for through SB 27's (2024) fiscal note, there are no anticipated savings.

D. Non-small businesses ("non-small business" means a business employing 50 or more persons):

There may be an inestimable cost to non-small business budgets as a result of this proposed rule. The fiscal note for SB 27 (2024), which enacted the commission, captured the originally anticipated fiscal impacts of commission implementation. Through SB 27 (2024), funding from the state was authorized to pay a per diem to anyone who serves on the commission or one of its committees. UTAH STATE BULLETIN, September 15, 2026, Vol. 2026, No. 18 105 NOTICES OF PROPOSED RULES Therefore, any non-small business that has an employee who spends work hours at commission or committee meetings may submit an invoice for the per diem payments, potentially rendering a reimbursement for applicable salary costs that could render these costs a net zero. However, other potential costs to non-small businesses related to this proposed rule may include loss of productivity and travel for employees of the non-small business who serve on the commission or a committee. The state cannot further estimate productivity and billable hour cost because of the large variability of individuals who could participate in the commission or on a committee, the potential job discretions that could include a caseload or number of individuals the individual could serve if not attending a meeting, and the costs of the services that could otherwise be offered during that time. Additionally, the state cannot estimate travel costs because each commission or committee member may be traveling from a different location or through a different means of transportation. Most non-small businesses have not requested a per diem over the past two years, but reimbursement is available if they choose that course of action. Aside from the reimbursement accounted for through SB 27's (2024) fiscal note, there are no anticipated savings. E. Persons other than small businesses, non-small businesses, state, or local government entities ("person" means any individual, partnership, corporation, association, governmental entity, or public or private organization of any character other than an agency): There may be an inestimable cost to the budgets of other persons who serve on the commission or one of its committees as a result of this proposed rule. The fiscal note for SB 27 (2024), which enacted the commission, captured the originally anticipated fiscal impacts of commission implementation. Through SB 27 (2024), funding from the state was authorized to pay a per diem to anyone who serves on the commission or one of its committees. Therefore, any other persons who spend work hours at commission or committee meetings may submit an invoice for the per diem payments, potentially rendering a reimbursement for applicable salary costs that could render these costs a net zero. However, other potential costs to other persons related to this proposed rule may include loss of productivity and travel for those serving on the commission or a committee. The state cannot further estimate productivity and billable hour cost because of the large variability of individuals who could participate in the commission or on a committee, the potential job discretions that could include a caseload or number of individuals the individual could serve if not attending a committee meeting, and the costs of the services that could otherwise be offered during that time. Additionally, the state cannot estimate travel costs because each commission or committee member may be traveling from a different location or through a different means of transportation. Most other persons serving on the commission or a committee have not requested a per diem over the past two years, but reimbursement is available if they choose that course of action. Aside from the reimbursement accounted for through SB 27's (2024) fiscal note, there are no anticipated savings.

F. Compliance costs for affected persons:

This proposed rule has an inestimable compliance cost for local governments, small businesses, non-small businesses, and other persons who have a representative serving on the commission or one of its committees. The fiscal note for SB 27 (2024), which enacted the commission, captured the originally anticipated fiscal impacts of commission implementation. Through SB 27 (2024), funding from the state was authorized to pay a per diem to anyone who serves on the commission or one of its committees. 106 UTAH STATE BULLETIN, September 15, 2026, Vol. 2026, No. 18 NOTICES OF PROPOSED RULES Therefore, any commission or committee member who spends work hours at commission or committee meetings may submit an invoice for the per diem payments, potentially rendering a reimbursement for applicable salary costs that could render these costs a net zero. However, other potential compliance costs to commission or committee members related to this proposed rule may include loss of productivity and travel for those serving on the commission or a committee. The state cannot further estimate productivity and billable hour cost because of the large variability of individuals who could participate in the commission or on a committee, the potential job discretions that could include a caseload or number of individuals the individual could serve if not attending a committee meeting, and the costs of the services that could otherwise be offered during that time. Additionally, the state cannot estimate compliance costs for travel because each commission or committee member may be traveling from a different location or through a different means of transportation. 6. Regulatory Impact Summary Table Enter the cost or savings in the relevant cell. If there is no cost or savings, enter, "$0." If a cost or savings is inestimable, enter, "inestimable." Fiscal Cost FY2027 FY2028 FY2029 FY2030 FY2031 State Budget $0 $0 $0 $0 $0 Local Governments inestimable inestimable inestimable inestimable inestimable Small Businesses inestimable inestimable inestimable inestimable inestimable Non-Small Businesses inestimable inestimable inestimable inestimable inestimable Other Persons inestimable inestimable inestimable inestimable inestimable Total Fiscal Cost inestimable inestimable inestimable inestimable inestimable Fiscal Benefits FY2027 FY2028 FY2029 FY2030 FY2031 State Budget $0 $0 $0 $0 $0 Local Governments $0 $0 $0 $0 $0 Small Businesses $0 $0 $0 $0 $0 Non-Small Businesses $0 $0 $0 $0 $0 Other Persons $0 $0 $0 $0 $0 Total Fiscal Benefits $0 $0 $0 $0 $0 Net Fiscal Benefits inestimable inestimable inestimable inestimable inestimable 7. Regulatory Impact Analysis Approval The Commissioner of the Department of Health and Human Services, Tracy S. Gruber, has reviewed and approved this regulatory impact analysis. 8. Family Impact Information

A. The agency has considered this rule's impact on family health, stability, and formation:

☒ 9. Citation Information Provide citations to the statutory authority for the rule. If there is also a federal requirement for the rule, provide a citation to that requirement: Subsection 26B-1-202(2)(a) Subsection 26B-5-704(4) Subsection 26B-5-801(2) 11. Public Notice Information The public may submit written or oral comments to the agency identified in box 1.

A. Comments will be accepted until: 10/15/2026

UTAH STATE BULLETIN, September 15, 2026, Vol. 2026, No. 18 107 NOTICES OF PROPOSED RULES 12. Effective Date Information This rule change MAY become effective on: 10/22/2026 (NOTE: This is the date the agency anticipates making the filing effective. It is NOT the effective date) 13. Agency Authorization Information Agency head or Tracy S. Gruber, Commissioner Date: 08/28/2026 designee and title: R523. Health and Human Services, Substance Use and Mental Health. R523-25. Behavioral Health Commission Committees. R523-25-1. Authority and Purpose. (1) Subsections 26B-1-202(2)(a), 26B-5-704(4), and 26B-5-801(2) authorize this rule. (2) This rule establishes the membership of committees under the Utah Behavioral Health Commission (commission). R523-25-2. Definitions. (1) "Frontier county" means a county with a population of six or fewer persons per square mile, as defined by the Indicator-Based Information System for Population Health. (2) "Rural county" means a county with a population of more than six to 100 persons per square mile, as defined by the Indicator- Based Information System for Population Health. R523-25-3. Behavioral Health Crisis Response Committee Membership. (1) The Behavioral Health Crisis Response Committee shall be composed of: (a) the commissioner, or designee, of the Department of Health and Human Services; (b) the executive director, or designee, of the Huntsman Mental Health Institute; (c) a citizen representative; (d) a representative of 911 call centers and public safety answering points; (e) a representative of a Medicaid-accountable care organization; (f) a representative of an integrated health care system; (g) a representative of emergency medical services; (h) a representative of law enforcement; (i) a representative of rural telecommunications providers; (j) a representative of the Utah HospitalAssociation, appointed by the Utah HospitalAssociation; (k) a representative of the Utah League of Cities and Towns, appointed by the Utah League of Cities and Towns; (l) an individual who has lived experience with a mental illness; (m) an individual who has lived experience with a substance use disorder; (n) one representative of a county of the first or second class, as defined in Section 17-60-104, appointed by the Utah Behavioral Health Committee within the UtahAssociation of Counties; (o) onerepresentativeofacountyofthethird,fourth,or fifthclass,asdefinedinSection 17-60-104,appointedbytheUtahBehavioral Health Committee within the UtahAssociation of Counties; and (p) two behavioral health clinicians, at least one of whom is licensed as a physician and board-eligible for a psychiatry specialization. (2) At least three of the committee members described in Subsection (1) shall represent a frontier or rural county within the state. R523-25-4. Behavioral Health Policy Review Committee Membership. (1) The Behavioral Health Policy Review Committee shall be composed of: (a) the commissioner, or designee, of the Department of Corrections; (b) the commissioner, or designee, of the Department of Criminal Justice; (c) the director, or designee, of the Office of Substance Use and Mental Health; (d) a current or former judge from a drug court, mental health court, or juvenile court, appointed by the chief justice of the Utah Supreme Court; (e) a member of the Behavioral Health Crisis Response Committee, appointed by the Behavioral Health Crisis Response Committee; (f) a member of the Forensic Behavioral Health Coordinating Council, appointed by the Forensic Behavioral Health Coordinating Council; (g) a member of the School-Based Behavioral Health Subcommittee, appointed by the School-Based Behavioral Health Subcommittee; (h) a member of the Treatment and Recovery Committee, appointed by the Treatment and Recovery Committee; (i) a member of the Utah PreventionAdvisory Coalition, appointed by the Utah PreventionAdvisory Coalition; and (j) a member of the Utah Suicide Prevention Committee, appointed by the Utah Suicide Prevention Committee. (k) the chair or co-chair of each subcommittee established by the Behavioral Health Policy Review Committee; (l) one representative of a county local substance abuse authority and local mental health authorities, appointed by the Utah Behavioral Health Committee under the UtahAssociation of Counties; 108 UTAH STATE BULLETIN, September 15, 2026, Vol. 2026, No. 18 NOTICES OF PROPOSED RULES (m) two individuals, appointed by the commissioner of the Department of Health and Human Services; (n) an individual with lived experience with a mental illness or substance use; (o) a citizen representative; (p) a representative of an advocacy organization for mental illness; (q) a representative of an advocacy organization for substance use disorder; and (r) a representative of private providers that serve youth under 18 years old with substance use or mental illness. (2) At least three committee members described in Subsection (1) shall represent a frontier or rural county within the state. R523-25-5. Prevention and Early Intervention Committee Membership. (1) The Prevention and Early Intervention Committee shall be comprised of at least: (a) one co-chair, or designee, of the Utah PreventionAdvisory Coalition; (b) one co-chair, or designee, of the Utah Suicide Prevention Committee; (c) a representative for the local health departments, appointed by the UtahAssociation of Local Health Departments; (d) a representative for the local substance abuse authorities and local mental health authorities, appointed by the Utah Behavioral Health Committee, under the UtahAssociation of Counties; (e) a representative of the Utah State Board of Education, appointed by the Utah State Board of Education; (f) a representative of the Youth Behavioral Health Workgroup, appointed by the Youth Behavioral Health Workgroup; (g) a representative with expertise in the prevention of mental illness and the promotion of mental well-being; (h) a representative with expertise in the prevention of behavioral health conditions for adults; (i) an individual with technical expertise in behavioral health prevention for children under 9 years old; and (j) a parent or guardian of a child with behavioral health challenges. (2) This committee may also include: (a) one individual with lived experience of mental illness, age 18 years through age 26 years; and (b) one individual with lived experience of substance use, age 18 years through age 26 years. (3) At least two committee members shall represent a frontier or rural county within the state. R523-25-6. Treatment and Recovery Committee Membership. (1) The Treatment and Recovery Committee shall be comprised of: (a) the superintendent, or designee, of the Utah State Hospital; (b) a representative of the Forensic Behavioral Health Coordinating Council, appointed by the Forensic Behavioral Health Coordinating Council; (c) a representative of the School-Based Behavioral Health Subcommittee, appointed by the School-Based Behavioral Health Subcommittee; (d) a representative of Utah Behavioral Health Planning and Advisory Council, appointed by the Utah Behavioral Health Planning andAdvisory Council; (e) a representative for local substance abuse authorities and local mental health authorities, appointed by the Utah Behavioral Health Committee, under the UtahAssociation of Counties; (f) an individual with expertise in Utah Medicaid policy, appointed by the Utah State Medicaid director; (g) a behavioral health pediatric representative who provides services to children under 18 years old; (h) a medical addiction specialist; (i) a person with lived experience with mental illness; (j) a person with lived experience with substance use; (k) a person with lived experience as a parent of an individual under 25 years old with a mental illness or substance use; (l) a private provider of mental health services; and (m) a private provider of substance use treatment services. (2) At least three committee members shall represent a frontier or rural county within the state. (3) At least one committee member shall be a certified peer support specialist. R523-25-7. Appointment of Committee Members. (1) The commission shall appoint each member of a committee, except as otherwise provided in this rule. (2) To appoint a committee member: (a) commission staff shall: (i) post a call for applications on the commission's website when a committee seat is open; (ii) review each application; and (iii) recommend two or three candidates for each open seat to the commission chairs; (b) the committee chairs shall review each staff recommendation, as described in Subsection (2)(a)(iii) and: (i) nominate a final candidate for the commission to confirm; or (ii) if the chairs determine the recommended candidates are not satisfactory, the chairs may ask commission staff to post a renewed call for applications on the commission's website. (c) Once the chairs nominate a final candidate, the commission shall vote to confirm the nominated final candidate during the commission's monthly meeting. UTAH STATE BULLETIN, September 15, 2026, Vol. 2026, No. 18 109 NOTICES OF PROPOSED RULES KEY: behavioral health commission committee membership, behavioral health crisis response committee membership, behavioral health policy review committee membership, behavioral health commission Date of Last Change: 2026 Authorizing, and Implemented or Interpreted Law: 26B-1-202(2)(a); 26B-5-704(4); 26B-5-801(2) NOTICE OF SUBSTANTIVE CHANGE TYPE OF FILING: New Filing ID: 58218