Spinal Cord and Brain Injury Rehabilitation Fund and Pediatric Neuro-Rehabilitation Fund Advisory Committee -- Creation -- Membership -- Terms -- Duties.

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  5. Spinal Cord and Brain Injury Rehabilitation Fund and Pediatric Neuro-Rehabilitation Fund Advisory Committee -- Creation -- Membership -- Terms -- Duties.

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Affected by 63I-1-226 on 1/1/2025

Effective 5/14/2019
26-54-103. Spinal Cord and Brain Injury Rehabilitation Fund and Pediatric Neuro-Rehabilitation Fund Advisory Committee -- Creation -- Membership -- Terms -- Duties.
  • (1) There is created a Spinal Cord and Brain Injury Rehabilitation Fund and Pediatric Neuro-Rehabilitation Fund Advisory Committee.
  • (2) The advisory committee shall be composed of 11 members as follows:
    • (a) the executive director, or the executive director's designee;
    • (b) two survivors, or family members of a survivor, of a traumatic brain injury appointed by the governor;
    • (c) two survivors, or family members of a survivor, of a traumatic spinal cord injury appointed by the governor;
    • (d) one traumatic brain injury or spinal cord injury professional appointed by the governor who, at the time of appointment and throughout the professional's term on the committee, does not receive a financial benefit from the fund;
    • (e) two parents of a child with a nonprogressive neurological condition appointed by the governor;
    • (f)
      • (i) a physical therapist licensed under Title 58, Chapter 24b, Physical Therapy Practice Act, with experience treating brain and spinal cord injuries, appointed by the governor; or
      • (ii) an occupational therapist licensed under Title 58, Chapter 42a, Occupational Therapy Practice Act, with experience treating brain and spinal cord injuries, appointed by the governor;
    • (g) a member of the House of Representatives appointed by the speaker of the House of Representatives; and
    • (h) a member of the Senate appointed by the president of the Senate.
  • (3)
    • (a) The term of advisory committee members shall be four years. 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.
    • (b) The committee shall elect a chairperson from the membership.
    • (c) 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.
    • (d) The terms of the advisory committee shall be staggered so that members appointed under Subsections (2)(b), (d), and (f) shall serve an initial two-year term and members appointed under Subsections (2)(c), (e), and (g) shall serve four-year terms. Thereafter, members appointed to the advisory committee shall serve four-year terms.
  • (4) The advisory committee shall comply with the procedures and requirements of:
    • (a)Title 52, Chapter 4, Open and Public Meetings Act;
    • (b)Title 63G, Chapter 2, Government Records Access and Management Act; and
    • (c)Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
  • (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:
      • (i) Section 63A-3-106;
      • (ii) Section 63A-3-107; and
      • (iii) rules adopted by the Division of Finance according to Sections 63A-3-106 and 63A-3-107.
    • (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:
    • (a) adopt rules and procedures in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, that establish priorities and criteria for the advisory committee to follow in recommending distribution of money from the fund to assist qualified IRC 501(c)(3) charitable clinics, as defined in Sections 26-54-102 and 26-54-102.5;
    • (b) identify, evaluate, and review the quality of care available to:
      • (i) individuals with spinal cord and brain injuries through qualified IRC 501(c)(3) charitable clinics, as defined in Section 26-54-102; or
      • (ii) children with nonprogressive neurological conditions through qualified IRC 501(c)(3) charitable clinics, as defined in Section 26-54-102.5;
    • (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; and
    • (d) submit an annual report, not later than November 30 of each year, summarizing the activities of the advisory committee and making recommendations regarding the ongoing needs of individuals with spinal cord or brain injuries and children with nonprogressive neurological conditions to:
      • (i) the governor;
      • (ii) the Health and Human Services Interim Committee; and
      • (iii) the Social Services Appropriations Subcommittee.
  • (7) Operating expenses for the advisory committee, including the committee's staff, shall be paid for only with money from:
    • (a) the Spinal Cord and Brain Injury Rehabilitation Fund;
    • (b) the Pediatric Neuro-Rehabilitation Fund; or
    • (c) both funds.




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