H.B. 402 EMS Controlled Substance Licensing Amendments: transcript
Everything said about this bill in committee and on the floor, speaker by speaker. Each time links to that moment in the official video. Back to the bill: summary and every vote →
Transcribed from the Legislature's recordings by software, with speakers identified from the video; it can contain errors. Check the recording before quoting anyone.
House Law Enforcement and Criminal Justice Committee, Feb 19, 2026
- Committee chair2:17:22
Whenever you're ready. Thank you. Um, got, uh, I have your name again, Sorry. Chief Ayers. Rob, a Chief Ayers. Thank
- Rep. Ryan D. Wilcox2:17:31
you. Uh, here with me, um, on the spot. I know. There you go. It's a long session, but, uh, I appreciate him being here with me. Um, what we're doing today is we're attempting to, uh, create a controlled substance license for an emergency medical services agency. Um, this is, uh, the structure around it with Doppel, uh, the administration. Uh, but the primary issue is making sure that, um, we're not, you know, putting unnecessary delays in treatment and process. We're not costing, uh, money where we don't need to. Uh, we're eliminating some waste and we're, uh, making sure that we can administer what we need to in a timely manner. I'll let him summarize if you'd like to.
- Rob Ayers, Division Chief, Emergency Medical Services, Unified Fire Authority2:18:13
Yes, thank you. I'll be very brief. Um, uh, so controlled substances are used very regularly by EMS agencies, uh, in the pre-hospital setting for emergencies, pain management, seizures, uh, airway management, that sort of thing. Uh, as a result, we are, uh, governed by the federal DEA and how we manage track and, uh, administer those medications. Uh, the, uh, DEA has recently passed, I believe it was last week, it was February 6th, a new registration for an EMS agency that has previously never existed. This was created in a law in 2017 administrative rule at the federal level in 2020. And it was just passed, um, 2026, February 6th last week. Um, what we are asking for is that the state of Utah create a law that basically authorizes agencies in the state of Utah to use this federal registration. Um, that, as Representative Wilcox mentioned, will significantly, significantly streamline, uh, the process for how we track, administer and manage our controls substances. Uh, but it'll make it much easier and then it will allow agencies to have actual guidance and guidelines for how these medications are managed, um, by EMS agencies specifically. That concludes our presentation.
- Committee chair2:19:32
Okay. Thank you to the committee for any clarifying questions. Seeing none, is there anyone from the public who would like to speak to this? Okay. We have one. None online and none online. So if we could have you,
- Clint Smith, Draper City Fire Chief, Utah State Fire Chiefs Association2:19:50
Uh, good morning, Mr. Chair, members of the committee. My name is Clint Smith. I'm the Fire Chief for Draper City Fire Department and also representing the Utah Fire State Fire Chiefs Association. I'd like to speak in support of this bill today. Um, I previously served with UFA in the same position that Chief A is in today. Um, and now having that same responsibility for our agency and Draper, I will tell you that, uh, again, we use, uh, controlled substances on a regular basis, but there has never been really a clear, uh, pathway of how we are to report and fall under the guidelines of DEA until just their, a rule was passed. We've very much kind of operated in a gray space where we have been kind of been trying to pound the proverbial, uh, EMS round peg into the DEA, uh, or excuse me, the square peg into the DEA round hole. Um, and trying to fit that. And they've tried to massage that, but it hasn't been clear into this point. This cer uh, licensure will create a clear pathway and clear accounting to our agencies that will make, keep them, uh, within the regulations and requirements of DEA. So we encourage your support on this. Thank you.
- Committee chair2:20:58
Thank you. Okay. No other, uh, witnesses, um, to the committee for any further? Uh, action. Representative Ballard?
- Rep. Melissa G. Ballard2:21:11
Yes. Motion to pass out favorably HP 4 0 2 EMS controlled substance licensing amendment. First substitute with a favorable recommendation. Thank
- Committee chair2:21:21
You. That's an order. Would you like to speak to that?
- Rep. Melissa G. Ballard2:21:23
Um, I just think the clarity is really important so that, um, and also for our emergency services and, um, everyone to just know how much we appreciate the work that they do. They save lives and, uh, this will help clarify their, their scope of, uh, practice. So thank you.
- Committee chair2:21:41
Thank you to the sponsor.
- Unknown speaker2:21:43speaker not certain
Say quickly. It's not like an untested issue. We've had, we've had issues with the DA going back and forth with this. Okay. That's why it's here. So,
- Rep. Ryan D. Wilcox (presiding chair)2:21:52
Great. Thank you. So we have a forest HB 4 0 2 first substitute. Um, just a quick little note for those online. We've lost a couple people here in the committee, so we need to be sure at least two of you vote, um, so that we have a quorum. Um, mm-hmm. So we have, uh, before us all in favor say aye. Aye. Aye. Aye. Aye. Aye. Got it. Thank you. Any opposed? Seeing none. That passes unanimously. One final motion. Ajour.
- Rep. Ryan D. Wilcox (presiding chair)2:22:22
Motion to adjourn. Oh, we have one more. Do We have time? Do it. Okay. We try it done before 10 0 6 minutes. We'll withdraw that. Final emotion. Final emotion, final motion. Who's here? She doesn't want to, she wants to go on the next one. She not Here she is here. Mo, Representative Moss.
- Rep. Carol S. Moss2:22:59
I was all packed up and ready to leave.
- Rep. Ryan D. Wilcox (presiding chair)2:23:01
We can bring you back next time if you'd rather. Well,
- Rep. Carol S. Moss2:23:04
I, I mean, I can't do it in five minutes or less.
- Rep. Ryan D. Wilcox (presiding chair)2:23:07
Okay, then. We'll, we will go ahead and bring you on the next agenda on Monday. I'd really appreciate that. Yep. Whatever you want. Yep. Okay. Thank you. Okay.
- Rep. Ryan D. Wilcox (presiding chair)2:23:14
One final motion, adjourn. Motion to adjourn. All those in favor say aye. Aye. Aye. Any opposed? Nay. Okay, we are adjourned. Thank you.
- Unknown speaker2:23:21speaker not certain
Aye. Okay. Lemme.
Senate Business and Labor Committee, Mar 2, 2026
- Committee chair1:15:41
But, uh, Representative Wilcox house Bill 4 0 2 for substitute EMS controlled substance licensing amendments.
- Rep. Ryan D. Wilcox1:15:49
Thank you. We can make this one pretty short. I'm gonna turn the time over to, uh, chief Ayers real quick with the Fire Chiefs.
- Rob Ayres, Unified Fire Authority1:15:55
Yes, thank you. It'll be very brief. Um, as you know, uh, EMS organizations use controlled substances every day, uh, for lifesaving interventions, including stopping seizures, pain control, and securing airways.
- Committee chair1:16:09
Hey, I apologize for interrupting. Um, I do have, I need to have you introduce yourself, even though Representative Wilcox did, but, oh, go
- Rob Ayres, Unified Fire Authority1:16:16
Ahead, chief. I apologize. My name is Rob ERs, EMS, division Chief for Unified Fire Authority.
- Committee chair1:16:20
Thank you. Appreciate it. Sorry about that.
- Rob Ayres, Unified Fire Authority1:16:23
That's okay. I apologize. Um, uh, as part of, uh, use of these controlled substances, the federal DEA has, uh, established a new agency registration, um, that just went into effect in early February. Um, and the point of the purpose of this registration is to streamline the management and tracking of these controlled substances. In order for any agency in the state of Utah to take advantage of this new registration, there has to be a state law that authorizes the agencies to, uh, register as such, but as an agency. So this bill is seeking to establish an agency controlled substance license for EMS agencies. Um, and this license and associated rules would dictate the, uh, uh, the way that we manage track and administer meds in the pre-hospital setting.
- Committee chair1:17:16
Thank you. Does that conclude your presentation?
- Unknown speaker1:17:18speaker not certain
I'd prefer that our, our firefighters didn't get arrested by the DEA for dispensing emergency medication. Yes. Thank you.
- Committee chair1:17:25
Okay. Thank you. Come back to the committee for clarifying questions.
- Unknown speaker1:17:28speaker not certain
I, I actually worked in this space a little bit. We do supply some ambulances, uh, in our area. Um, I assume that the, I'm noticing here that you're talking about when it's a medical director, there'd be a physician. There would still be a physician that would be, uh, making those authorizations. Is that correct? Or?
- Rob Ayres, Unified Fire Authority1:17:44
That's correct. Yes. Every agency has a, a physician medical director, uh, that's in charge of, uh, written protocols for how they're used and then also managing the meds.
- Committee chair1:17:54
Okay. Any other clear clarifying questions? Seeing none. Anyone in the public like to testify on this? We do have one on line. So go to Clint Smith, if you could turn your camera on and identify who you are, who you represent, and, uh, give us your brief testimony.
- Clint Smith, Chief, Draper City Fire, Utah State Fire Chiefs Association1:18:15
Uh, thank you Mr. Chair, members of the committee. My name is Clint Smith. I'm the fire chief in Draper City Fire and also representing the Utah State Fire Chiefs, uh, wanna speak in, uh, support of HB 4 0 2. Uh, as was already mentioned, uh, we've been, you know, working for years kind of in this gray space, uh, with how we, uh, manage and, and control and report the use of our narcotics under DEA regulations. And now with the clarification that they have, uh, just recently made, uh, it does again, require us to be licensed through the state in order to be granted this. And as Representative Wilcox mentioned, uh, basically be to be able to be in compliance with those federal mandates. So we encourage, uh, the committee's passage of this bill today. Thank you very much.
- Committee chair1:19:02
Thank you. Okay, we'll come back to the committee for any, uh, further deliberation or action.
- Committee chair1:19:13
I'll make a motion. I'll make a motion that we favorably recommend for substitute house bill 4 0 2, discussion of that motion saying none represent Wilcox.
- Unknown speaker1:19:23speaker not certain
I'll waive. Thank you. I'll waive as well.
- Committee chair1:19:25
We'll place the motion. All in favor, the motion to favorably recommend, please say aye. Any opposed, say, nay rule that pa unanimous. Four to zero. Thank you. Thank you. Okay, we are going to move to
House floor, Feb 24, 2026
- Reading clerk59:08
The bill's been circled. Mad reading clerk Per substitute house bill 4 0 2 EMS controlled substance licensing amendments by Representative Wilcox. This bill was assert in law enforcement and criminal justice with the vote of 8 0 3 Representative Wilcox.
- Rep. Ryan D. Wilcox59:24
Thank you Mr. Speaker. Um, this bill, uh, representatives allows our, uh, EMS providers to be, uh, to function in emergency scenarios as we've always intended, that they have, um, with a limited license to dispense emergency medication, um, without having to delay for, uh, different prescriptions and all of that. It's mostly an issue that we've had to make sure that, uh, they don't get prosecuted by the feds when they save your life with emergency medication. Happy to answer any questions.
- Speaker (presiding)1:00:06
Thank you, Representative Wilcox. Discussion to the bill Being none. Back to Representative Wilcox for summation.
- Rep. Ryan D. Wilcox1:00:16
I'll waive. Thank you. Summation has been waived.
- Speaker (presiding)1:00:18
Voting now be open on first substitute four. Seeing all present, having voted voting is now closed. First substitute HB 4 0 2 passes this party with 66 yes votes. One, no vote be sent to the Senate for its consideration. Madam Reading Clerk
Senate floor, Mar 4, 2026
- Rep. Ryan D. Wilcox2:11:13
Uh, emergency medical Services, uh, are authorized to, uh, deliver controlled substance and medications to individuals when they're treating. Previously done through more of a collaborative practice agreement. Now this is setting up a licensure process where each, uh, of the medical service, emergency medical services throughout the state would have a license to be able to do that. The director would be, uh, a physician that can have sign those orders and just allows them to have, have authorization to, uh, to administer, uh, control substance pro medications when needed. That I'm open for questions.
- Senate President (presiding)2:12:01
Thank you for the presentation. Looking for discussion to the bill. Seeing no discussion. Do you Senator Vickers?
- Sen. Evan J. Vickers2:12:09
Thank you. Edward Summation, move the first substitute hospital 4 0 2 pass under suspension of the rules.
- Senate President (presiding)2:12:21
We have a motion under suspension of the rules questioned as under suspension. The rules shall first substitute house bill four oh two pass roll call vote.
- Senate President Adams (presiding)2:12:27
Senator Vickers Bouldery Lewin Bramer bus Colmore Esia fill. Fillmore Grover Harper Hankins Ipson Johnson Juab McKay Mikel Milner Musselman Owens pitcher Plum Rebe Sandal Stevenson Stratton Vickers LER Wilson Winterton. President Adams Aye. First substitute house bill 4 0 2, having received 23 yay votes, zero nay votes, six being absent, passes his body and will be signed by the President. And return to the house for the signature of the speaker.
- Senate President (presiding)2:13:43
First second substitute's house Bill 4 38. Second Substitute house bill 4 38 Artificial intelligence amendments. Senator Cullimore. Senator Cullimore in circle. Motion to circle. All in favor say aye. Aye. Any opposed? Will let. Motion passes. The bill is circled. First substitute house bill 4 71. First substitute house bill 4 71 Social Services Amendments. Senator Stratton. Senator Stratton.
- Sen. Scott Stratton2:14:16
Thank you Mr. President.