§ 26B-5-702 — Utah Behavioral Health Commission -- Creation -- Members -- Chair.

(1) There is created within the department the Utah Behavioral Health Commission.
(2) The commission is composed of the following 11 members:
(2)(a) one individual who has lived experience with a substance use disorder, appointed by the governor with the advice and consent of the Senate;
(2)(b) one individual who has lived experience with a mental disorder, appointed by the governor with the advice and consent of the Senate;
(2)(c) one individual who represents families of individuals with behavioral health issues, appointed by the governor with the advice and consent of the Senate;
(2)(d) one individual who represents state behavioral health agencies, appointed by the governor with the advice and consent of the Senate;
(2)(e) one individual who represents major healthcare systems, appointed by the governor with the advice and consent of the Senate;
(2)(f) one individual who represents private acute care providers, appointed by the governor with the advice and consent of the Senate;
(2)(g) one individual who represents private outpatient providers, appointed by the governor with the advice and consent of the Senate;
(2)(h) one individual who represents county behavioral health authorities, appointed by the chair of the Utah Behavioral Healthcare Committee with the advice and consent of the Senate;
(2)(i) one individual who represents rural communities, appointed by the speaker of the House of Representatives;
(2)(j) one individual who represents large employers, appointed by the president of the Senate; and
(2)(k) one individual who represents historically underrepresented populations, appointed by the joint minority caucus leaders.
(3) (3)(a) After all 11 members of the commission have been appointed, the governor shall appoint the chair of the commission from among the membership of the commission to serve a two-year term.
(3)(b) A commission member may not serve as chair of the commission for more than two consecutive terms.
(4) (4)(a) A member appointed by the governor shall serve a four-year term, except as provided in Subsection (4)(b).
(4)(b) The governor shall stagger the initial terms of appointees so that approximately half of the members appointed by the governor are appointed every two years.
(4)(c) The terms of members appointed under Subsections (2)(h) through (k) shall be staggered so that:
(4)(c)(i) members appointed under Subsections (2)(h) and (i) shall serve four-year terms;
(4)(c)(ii) the initial members appointed under Subsections (2)(j) and (k) shall serve an initial two-year term; and
(4)(c)(iii) after the initial members appointed under Subsections (2)(j) and (k) serve an initial two-year term, members appointed under Subsections (2)(j) and (k) shall serve four-year terms.
(4)(d) (4)(d)(i) The commission may remove a member of the commission for cause by a majority vote of the commission.
(4)(d)(ii) The person who appointed a member of the commission may remove that member for cause.
(4)(e) If a vacancy occurs in the membership of the commission for any reason, a replacement shall be appointed for the unexpired term in the same manner as the original appointment.
(5) (5)(a) A majority of the members of the commission constitutes a quorum.
(5)(b) The action of a majority of a quorum of the commission constitutes the action of the commission.
(6) A member of the commission may not receive compensation or benefits for the member's service, but may receive per diem and travel expenses in accordance with:
(6)(a) Section 63A-3-106;
(6)(b) Section 63A-3-107; and
(6)(c) rules made by the Division of Finance under Sections 63A-3-106 and 63A-3-107.
(7) Consistent with the provisions of this part, the commission may adopt bylaws to govern the commission's operation.

Legislative History

Enacted by Chapter 245, 2024 General Session