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S.B. 132
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7 LONG TITLE
8 General Description:
9 This bill merges the existing Utah Medical Education Council into the Utah
10 Department of Health.
11 Highlighted Provisions:
12 This bill:
13 . moves the existing authority and functions of the Utah Medical Education Council
14 into the Utah Department of Health;
15 . grants authority to the executive director of the Utah Department of Health to
16 appoint members of the Utah Medical Education Council; and
17 . makes technical changes.
18 Money Appropriated in this Bill:
19 None
20 Other Special Clauses:
21 None
22 Utah Code Sections Affected:
23 ENACTS:
24 26-46a-101, Utah Code Annotated 1953
25 26-46a-201, Utah Code Annotated 1953
26 26-46a-301, Utah Code Annotated 1953
27 26-46a-401, Utah Code Annotated 1953
28 RENUMBERS AND AMENDS:
29 26-46a-102, (Renumbered from 63C-8-101, as last amended by Laws of Utah 2000,
30 Chapter 1)
31 26-46a-202, (Renumbered from 63C-8-102, as enacted by Laws of Utah 1997, Chapter
32 202)
33 26-46a-302, (Renumbered from 63C-8-103, as last amended by Laws of Utah 2010,
34 Chapter 286)
35 26-46a-303, (Renumbered from 63C-8-104, as enacted by Laws of Utah 1997, Chapter
36 202)
37 26-46a-304, (Renumbered from 63C-8-105, as last amended by Laws of Utah 2008,
38 Chapter 382)
39 26-46a-402, (Renumbered from 63C-8-106, as last amended by Laws of Utah 2008,
40 Chapter 382)
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42 Be it enacted by the Legislature of the state of Utah:
43 Section 1. Section 26-46a-101 is enacted to read:
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46 26-46a-101. Title.
47 (1) This chapter is known as the "Utah Medical Education Council Act."
48 (2) This part is known as "General Provisions."
49 Section 2. Section 26-46a-102 , which is renumbered from Section 63C-8-101 is
50 renumbered and amended to read:
51 [
52 As used in this chapter:
53 (1) "Accredited clinical education program" means a clinical education program for a
54 health care profession that is accredited by the Accreditation Council on Graduate Medical
55 Education.
56 (2) "Accredited clinical training program" means a clinical training program that is
57 accredited by an entity recognized within medical education circles as an accrediting body for
58 medical education, advanced practice nursing education, physician assistance education, or
59 doctor of pharmacy education.
60 (3) "Council" means the Medical Education Council created under Section
61 [
62 (4) "Health Care Financing Administration" means the Health Care Financing
63 Administration within the United States Department of Health and Human Services.
64 (5) "Health care professionals in training" means medical students and residents,
65 advance practice nursing students, physician assistant students, and doctor of pharmacy
66 students.
67 (6) "Program" means the Medical Education Program created under Section
68 [
69 Section 3. Section 26-46a-201 is enacted to read:
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71 26-46a-201. Title.
72 This part is known as the "Medical Education Program."
73 Section 4. Section 26-46a-202 , which is renumbered from Section 63C-8-102 is
74 renumbered and amended to read:
75 [
76 (1) There is created within the department a Medical Education Program to be
77 administered by the Medical Education Council in cooperation with the Division of Finance.
78 (2) The program shall be funded from money received for graduate medical education
79 from:
80 (a) the federal Health Care Financing Administration or other federal agency;
81 (b) state appropriations; and
82 (c) donation or private contributions.
83 (3) All funding for this program shall be nonlapsing.
84 (4) Program money may only be expended if:
85 (a) approved by the council; and
86 (b) used for graduate medical education in accordance with Subsection [
87 26-46a-303 (7).
88 Section 5. Section 26-46a-301 is enacted to read:
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90 26-46a-301. Title.
91 This part is known as the "Medical Education Council."
92 Section 6. Section 26-46a-302 , which is renumbered from Section 63C-8-103 is
93 renumbered and amended to read:
94 [
95 (1) There is created within the department the Medical Education Council consisting of
96 the following members appointed by the [
97 (a) the dean of the school of medicine at the University of Utah;
98 (b) a person who represents graduate medical education at the University of Utah;
99 (c) a person from each institution, other than the University of Utah, that sponsors an
100 accredited clinical education program;
101 (d) a person from the health care insurance industry; and
102 (e) three members of the general public who are not employed by or affiliated with any
103 institution that offers, sponsors, or finances health care or medical education; however, the
104 governor may appoint an additional member of the public under this Subsection (1)(e) for each
105 person the governor appoints that increases the total number of persons appointed under
106 Subsection (1)(c) beyond two.
107 (2) Except as provided in Subsection (1)(a) and (b), no two council members may be
108 employed by or affiliated with the same:
109 (a) institution of higher education;
110 (b) state agency outside of higher education; or
111 (c) private entity.
112 (3) The dean of the school of medicine at the University of Utah:
113 (a) shall chair the council;
114 (b) may not be counted in determining the existence of a quorum; and
115 (c) may only cast a vote on a matter before the council if the vote of the other council
116 members results in a tied vote.
117 (4) The council shall annually elect a vice chair from among the members of the
118 council.
119 (5) (a) Consistent with Subsection (6)(b), a majority of the council members constitute
120 a quorum.
121 (b) The action of a majority of a quorum is the action of the council.
122 (6) (a) Except as provided in Subsection (6)(b), members are appointed to four-year
123 terms of office.
124 (b) Notwithstanding Subsection (6)(a), the [
125 department shall, at the time of the initial appointment, adjust the length of terms to ensure that
126 the terms of council members are staggered so that approximately half of the council is
127 appointed every two years.
128 (c) If a vacancy occurs in the membership for any reason, the replacement shall be
129 appointed by the [
130 same manner as the original appointment was made.
131 (7) A member may not receive compensation or benefits for the member's service, but
132 may receive per diem and travel expenses in accordance with:
133 (a) Section 63A-3-106 ;
134 (b) Section 63A-3-107 ; and
135 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
136 63A-3-107 .
137 Section 7. Section 26-46a-303 , which is renumbered from Section 63C-8-104 is
138 renumbered and amended to read:
139 [
140 The council shall:
141 (1) submit an application in accordance with federal law for a demonstration project to
142 the Health Care Financing Administration before December 31, 1997, for the purpose of
143 receiving and disbursing federal funds for direct and indirect graduate medical education
144 expenses;
145 (2) seek private and public contributions for the program;
146 (3) study and recommend options for financing graduate medical education to the State
147 Board of Regents and the Legislature;
148 (4) advise the State Board of Regents and the Legislature on the status and needs of
149 health care professionals in training;
150 (5) determine the method for reimbursing institutions that sponsor health care
151 professionals in training;
152 (6) determine the number and type of positions for health care professionals in training
153 for which program money may be used; and
154 (7) distribute program money for graduate medical education in a manner that:
155 (a) prepares postgraduate medical residents, as defined by the accreditation council on
156 graduate medical education, for inpatient, outpatient, hospital, community, and geographically
157 diverse settings;
158 (b) encourages the coordination of interdisciplinary clinical training among health care
159 professionals in training;
160 (c) promotes stable funding for the clinical training of health care professionals in
161 training; and
162 (d) only funds accredited clinical training programs.
163 Section 8. Section 26-46a-304 , which is renumbered from Section 63C-8-105 is
164 renumbered and amended to read:
165 [
166 The council may:
167 (1) conduct surveys, with the assistance of the Division of Occupational and
168 Professional Licensing within the Department of Commerce, to assess and meet changing
169 market and education needs;
170 (2) notwithstanding the provisions of Subsection 35A-4-312 (3), receive information
171 obtained by the Division of Workforce Information and Payment Services under the provisions
172 of Section 35A-4-312 for purposes consistent with the council's duties as identified under
173 Section [
174 workforce numbers, types, and geographic distribution;
175 (3) appoint advisory committees of broad representation on interdisciplinary clinical
176 education, workforce mix planning and projections, funding mechanisms, and other topics as is
177 necessary;
178 (4) use federal money for necessary administrative expenses to carry out its duties and
179 powers as permitted by federal law;
180 (5) distribute program money in accordance with Subsection [
181 26-46a-303 (7); and
182 (6) as is necessary to carry out its duties under Section [
183 (a) hire employees; and
184 (b) adopt rules in accordance with Title 63G, Chapter 3, Utah Administrative
185 Rulemaking Act.
186 Section 9. Section 26-46a-401 is enacted to read:
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188 26-46a-401. Title.
189 This part is known as the "Rural Residency Training Program."
190 Section 10. Section 26-46a-402 , which is renumbered from Section 63C-8-106 is
191 renumbered and amended to read:
192 [
193 (1) For purposes of this section:
194 (a) "Physician" means:
195 (i) a person licensed to practice medicine under Title 58, Chapter 67, Utah Medical
196 Practice Act or Title 58, Chapter 68, Utah Osteopathic Medical Practice Act; and
197 (ii) a person licensed to practice dentistry under Title 58, Chapter 69, Dentist and
198 Dental Hygienist Practice Act.
199 (b) "Rural residency training program" means an accredited clinical training program
200 as defined in Section [
201 a part or all of the physician's clinical training.
202 (2) (a) Subject to appropriations from the Legislature, the council shall establish a pilot
203 program to place physicians into rural residency training programs.
204 (b) The pilot program shall begin July 1, 2005 and sunset July 1, 2015, in accordance
205 with Section 63I-1-263 .
206 (3) (a) The council shall report to the Legislature's Health and Human Services Interim
207 Committee concerning the implementation of the pilot program and the success of the program
208 in increasing the retention or recruitment of physicians in rural counties in the state.
209 (b) The report required by this Subsection (3) shall be made by November 30 of each
210 year.
Legislative Review Note
as of 1-21-13 4:02 PM