§ 26B-1-417 — Brain and Spinal Cord Injury Advisory Committee -- Membership -- Duties.

(1) There is created the Brain and Spinal Cord Injury Advisory Committee within the department.
(2) (2)(a) The advisory committee shall be composed of the following members:
(2)(a)(i) an individual employed with the Department of Health and Human Services;
(2)(a)(ii) an individual who has experienced a neurological condition;
(2)(a)(iii) an individual who has experienced a brain injury;
(2)(a)(iv) an individual who has experienced a spinal cord injury;
(2)(a)(v) a parent of a child who has a neurological condition;
(2)(a)(vi) a parent or caretaker of an individual who has experienced a brain or spinal cord injury;
(2)(a)(vii) a professional who:
(2)(a)(vii)(A) provides services to adults who have experienced brain or spinal cord injuries; and
(2)(a)(vii)(B) does not receive a financial benefit from the fund described in Section 26B-1-318;
(2)(a)(viii) a professional who:
(2)(a)(viii)(A) provides services to children who have a neurological condition; and
(2)(a)(viii)(B) does not receive a financial benefit from the fund described in Section 26B-1-318;
(2)(a)(ix) an individual licensed as a speech-language pathologist under Title 58, Chapter 41, Speech-Language Pathology and Audiology Licensing Act, who works with individuals who have experienced a brain injury;
(2)(a)(x) a representative of an association that advocates for individuals with brain injuries;
(2)(a)(xi) an individual who conducts research or is familiar with or possesses knowledge of research on neurological conditions, brain injuries, or spinal cord injuries;
(2)(a)(xii) a member of the House of Representatives appointed by the speaker of the House of Representatives; and
(2)(a)(xiii) a member of the Senate appointed by the president of the Senate.
(2)(b) Except for members described in Subsections (2)(a)(xii) through (xiii), the executive director shall appoint members of the advisory committee.
(3) (3)(a) Except as provided in Subsection (3)(f), the term of advisory committee members shall be four years.
(3)(b) If a vacancy occurs in the committee membership for any reason, a replacement shall be appointed for the unexpired term in the same manner as the original appointment.
(3)(c) The committee shall elect a chairperson from the membership.
(3)(d) A majority of the committee constitutes a quorum at any meeting, and, if a quorum is present at an open meeting, the action of the majority of members shall be the action of the advisory committee.
(3)(e) The terms of the advisory committee shall be staggered so that approximately half of the committee members appointed under Subsections (2)(a)(i) through (xi) are appointed every two years.
(3)(f) The executive director may shorten an appointment to comply with Subsection (3)(e).
(4) The advisory committee shall comply with the procedures and requirements of:
(4)(a) Title 52, Chapter 4, Open and Public Meetings Act; and
(4)(b) Title 63G, Chapter 2, Government Records Access and Management Act.
(5) (5)(a) A member who is not a legislator may not receive compensation or benefits for the member's service, but, at the executive director's discretion, may receive per diem and travel expenses as allowed in:
(5)(a)(i) Section 63A-3-106;
(5)(a)(ii) Section 63A-3-107; and
(5)(a)(iii) rules adopted by the Division of Finance according to Sections 63A-3-106 and 63A-3-107.
(5)(b) Compensation and expenses of a member who is a legislator are governed by Section 36-2-2 and Legislative Joint Rules, Title 5, Legislative Compensation and Expenses.
(6) The advisory committee shall:
(6)(a) establish priorities and criteria for the advisory committee to follow in recommending distribution of money from the Brain and Spinal Cord Injury Fund created in Section 26B-1-318;
(6)(b) identify, evaluate, and review the quality of care:
(6)(b)(i) available to:
(6)(b)(i)(A) individuals with spinal cord and brain injuries; or
(6)(b)(i)(B) children with non-progressive neurological conditions; and
(6)(b)(ii) that is provided through qualified charitable clinics, as defined in Section 26B-1-318;
(6)(c) explore, evaluate, and review other possible funding sources and make a recommendation to the Legislature regarding sources that would provide adequate funding for the advisory committee to accomplish its responsibilities under this section;
(6)(d) on or before each July 1, provide a report to the Health and Human Services Interim Committee describing how money in the fund described in Section 26B-1-318 was used the previous year; and
(6)(e) meet at least once each quarter.
(7) Operating expenses for the advisory committee, including the committee's staff, shall be paid for only with money from the Brain and Spinal Cord Injury Fund created in Section 26B-1-318.

Legislative History

Amended by Chapter 126, 2025 General Session