| Members Present: Rep. A. Cory Maloy, Chair Rep. Stephen L. Whyte, Vice Chair Rep. Carl R. Albrecht Rep. Jefferson S. Burton Rep. James A. Dunnigan Rep. Jon Hawkins Rep. Brian S. King Rep. Ashlee Matthews Rep. Calvin R. Musselman Rep. Thomas W. Peterson | Rep. Norman K Thurston Members Absent: Rep. Brady Brammer Rep. Walt Brooks Rep. Mike Schultz Rep. Ryan D. Wilcox Staff Present: Adam J. Sweet, Policy Analyst An Bradshaw, Committee Secretary |
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Note: A copy of related materials and an audio recording of the meeting can be found at www.le.utah.gov.
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| Chair Whyte called the meeting to order at 2:15 p.m. |
| MOTION:Rep. Matthews moved to approve the minutes of January 24, 2023.The motion passed with a vote of 8-0-7. | |||
| Yeas - 8 | Nays- 0 | Abs- 7 | |
| Rep. C. Albrecht Rep. J. Dunnigan Rep. B. King Rep. A. Maloy Rep. A. Matthews Rep. T. Peterson Rep. N. Thurston Rep. S. Whyte | Rep. B. Brammer Rep. W. Brooks Rep. J. Burton Rep. J. Hawkins Rep. C. Musselman Rep. M. Schultz Rep. R. Wilcox |
| 1.S.B. 73 Gratuity Amendments (Pitcher, S.) |
| Sen. Stephanie Pitcher presented the bill. |
| MOTION:Rep. Dunnigan moved to pass S.B. 73 out favorably.The motion passed with a vote of 9-0-6. | |||
| Yeas - 9 | Nays- 0 | Abs- 6 | |
| Rep. C. Albrecht Rep. J. Dunnigan Rep. J. Hawkins Rep. B. King Rep. A. Maloy Rep. A. Matthews Rep. T. Peterson Rep. N. Thurston Rep. S. Whyte | Rep. B. Brammer Rep. W. Brooks Rep. J. Burton Rep. C. Musselman Rep. M. Schultz Rep. R. Wilcox |
| 2.H.B. 159 Health Care Professional Licensing Requirements (Thurston, N.) |
| Rep. Thurston presented the bill with the assistance of Wendy Stapleton and Jeremy Keim, Brightside Health. |
| Margaret Busse, Executive Director, Department of Commerce, spoke to the bill. |
| Mark Steinagel, Director, Division of Professional Licensing, spoke to the bill. |
| Michelle McOmber, Utah Medical Association, spoke in opposition to the bill. |
| Gray Otis, Utah Mental Health Counselors Association, spoke to the bill. |
| Nanci Klein, Utah Psychological Association, spoke to the bill. |
| Glen Thurston, citizen, spoke in support of the bill. |
| MOTION:Rep. Albrecht moved to hold H.B. 159. |
| SUBSTITUTE MOTION:Rep. Thurston moved to amend H.B. 159 with Amendment #1 and then withdrew his motion. |
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Amendment 1
H.B. 0159 31 (b) "Telehealth { 32 (2) { 33 34 35 (a) the service is a service the individual is licensed to perform under the nonresident 36 health care license of the state , district, or territory that issued the nonresident health care license; 37 (b) at the time the health care service is performed { 38 { 39 { 40 41 (c) performing the telehealth service would not otherwise violate state law. (3) The division shall issue a temporary license to perform telemedicine services to an individual who has a nonresident health care license in good standing if: (a) (i) the individual has applied for a license described in Section 58-1-302; and (ii) the division determines that they will not be able to process the application within 15 days; or (b) the division is not able to approve the application because: (i) there is no equivalent license category in the state; or (ii) there is another reason that is unrelated to the individual's competency to provide telemedicine services. (4) The division may not charge a fee for a temporary license issued under this section beyond the fee required for a license issued under Section 58-1-302. |
| Rep. Albrecht's motion passed with a vote 10-0-5. | |||
| Yeas - 10 | Nays- 0 | Abs- 5 | |
| Rep. C. Albrecht Rep. J. Burton Rep. J. Dunnigan Rep. J. Hawkins Rep. A. Maloy Rep. A. Matthews Rep. C. Musselman Rep. T. Peterson Rep. N. Thurston Rep. S. Whyte | Rep. B. Brammer Rep. W. Brooks Rep. B. King Rep. M. Schultz Rep. R. Wilcox |
| 3.S.B. 18 Public Expression Protection Act (Bramble, C.) |
| Sen. Curtis Bramble presented the bill with the assistance of Lowry Snow, former representative, and David Reymann, attorney. |
| MOTION:Rep. Hawkins moved to amend S.B. 18 with Amendment #1.The motion passed with a vote of 10-0-5. | |||
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Amendment 1
S.B. 18 102 (2) A stay under Subsection (1) remains in effect until the day on which an order ruling 103 on the motion under Section 78B-25-103 is entered and expiration of the time under { 104 167 (2) The appeal shall be filed { 168 193 action or a motion under { |
| Yeas - 10 | Nays- 0 | Abs- 5 | |
| Rep. C. Albrecht Rep. J. Burton Rep. J. Dunnigan Rep. J. Hawkins Rep. A. Maloy Rep. A. Matthews Rep. C. Musselman Rep. T. Peterson Rep. N. Thurston Rep. S. Whyte | Rep. B. Brammer Rep. W. Brooks Rep. B. King Rep. M. Schultz Rep. R. Wilcox |
| MOTION:Rep. Albrecht moved to pass S.B. 18 out favorably as amended.The motion passed with a vote of 10-0-5. | |||
| Yeas - 10 | Nays- 0 | Abs- 5 | |
| Rep. C. Albrecht Rep. J. Burton Rep. J. Dunnigan Rep. J. Hawkins Rep. A. Maloy Rep. A. Matthews Rep. C. Musselman Rep. T. Peterson Rep. N. Thurston Rep. S. Whyte | Rep. B. Brammer Rep. W. Brooks Rep. B. King Rep. M. Schultz Rep. R. Wilcox |
| MOTION:Rep. Dunnigan moved to place S.B. 18 on the Consent Calendar.The motion passed with a vote of 10-0-5. | |||
| Yeas - 10 | Nays- 0 | Abs- 5 | |
| Rep. C. Albrecht Rep. J. Burton Rep. J. Dunnigan Rep. J. Hawkins Rep. A. Maloy Rep. A. Matthews Rep. C. Musselman Rep. T. Peterson Rep. N. Thurston Rep. S. Whyte | Rep. B. Brammer Rep. W. Brooks Rep. B. King Rep. M. Schultz Rep. R. Wilcox |
| 4.H.B. 166 Mental Health Professional Licensing Amendments (Gricius, S.) |
| Rep. Stephanie Gricius presented the bill. |
| Mark Steinagel spoke to the bill. |
| Gray Otis spoke in opposition to the bill. |
| Ben Shelton, Libertas Institute, spoke in support of the bill. |
| Cortney Prestwich, student, spoke in support of the bill. |
| Jessica Black, mental health counselor, spoke to the bill. |
| MOTION:Chair Maloy moved to replace H.B. 166 with 1st Substitute H.B. 166.The motion passed with a vote of 9-0-6. | |||
| Yeas - 9 | Nays- 0 | Abs- 6 | |
| Rep. J. Burton Rep. J. Dunnigan Rep. J. Hawkins Rep. A. Maloy Rep. A. Matthews Rep. C. Musselman Rep. T. Peterson Rep. N. Thurston Rep. S. Whyte | Rep. C. Albrecht Rep. B. Brammer Rep. W. Brooks Rep. B. King Rep. M. Schultz Rep. R. Wilcox |
| MOTION:Rep. Dunnigan moved to amend 1st Substitute H.B. 166 with Amendment #1.The motion passed with a vote of 9-0-6. | |||
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Amendment 1
1st Sub. H.B. 166 106 (3) (a) As used in this Subsection (3): 107 (i) "Prescribe" means the same as that term is defined in Section 58-17b-102. 108 (ii) "Prescription drug" means the same as that term is defined in Section 58-17b-102. 109 (b) Notwithstanding Subsection (2)(j), an individual who provides mental health 110 therapy remotely or substance use disorder counseling remotely to a client in Utah: 111 (i) may not prescribe a prescription drug for a client in Utah unless the individual is 112 licensed in Utah to prescribe the prescription drug; 113 (ii) shall, before providing mental health therapy remotely or substance use disorder 114 counseling remotely to a client in Utah, be aware of: 115 (A) how to access emergency mental health services and resources in Utah; and 116 (B) all applicable laws and rules regarding the required or permitted reporting or 117 disclosing of confidential client communications; 118 (iii) shall, within { 119 health therapy remotely or substance use disorder counseling remotely to a client in Utah, 120 submit to the division a signed notice, in the form required by the division, notifying the 121 division that the individual is providing therapy or counseling under the exemption in 122 Subsection (2)(j); and 123 (iv) shall obtain a license by endorsement under Section 58-60-115: 124 (A) within { 125 therapy remotely or substance use disorder counseling remotely to a client in Utah; or 126 (B) if at any time the individual provides mental health therapy remotely or substance 127 use disorder counseling remotely to more than one client in Utah. 128 (4) The division shall report to the Health and Human Services Interim Committee at 129 or before the committee's October 2026 meeting regarding the exemption described in 130 Subsection (2)(j), including information about any complaints the division has received 131 concerning individuals who have provided therapy or counseling under that exemption. |
| Yeas - 9 | Nays- 0 | Abs- 6 | |
| Rep. J. Burton Rep. J. Dunnigan Rep. J. Hawkins Rep. A. Maloy Rep. A. Matthews Rep. C. Musselman Rep. T. Peterson Rep. N. Thurston Rep. S. Whyte | Rep. C. Albrecht Rep. B. Brammer Rep. W. Brooks Rep. B. King Rep. M. Schultz Rep. R. Wilcox |
| MOTION:Rep. Thurston moved to pass 1st Substitute H.B. 166 out favorably as amended. |
| SUBSTITUTE MOTION:Rep. Hawkins moved to amend 1st Substitute H.B. 166 by returning the number 100 on line 162. |
| Elizabeth Klc, Utah Substance Use and Mental Health Advisory Council, spoke to the bill. |
| Rep. Hawkin's substitute motion failed with a vote 4-5-6. | |||
| Yeas - 4 | Nays- 5 | Abs- 6 | |
| Rep. J. Burton Rep. J. Dunnigan Rep. J. Hawkins Rep. A. Matthews | Rep. A. Maloy Rep. C. Musselman Rep. T. Peterson Rep. N. Thurston Rep. S. Whyte | Rep. C. Albrecht Rep. B. Brammer Rep. W. Brooks Rep. B. King Rep. M. Schultz Rep. R. Wilcox |
| Rep. Thurston's underlying motionpassed with a vote 9-0-6. | |||
| Yeas - 9 | Nays- 0 | Abs- 6 | |
| Rep. J. Burton Rep. J. Dunnigan Rep. J. Hawkins Rep. A. Maloy Rep. A. Matthews Rep. C. Musselman Rep. T. Peterson Rep. N. Thurston Rep. S. Whyte | Rep. C. Albrecht Rep. B. Brammer Rep. W. Brooks Rep. B. King Rep. M. Schultz Rep. R. Wilcox |
| MOTION:Rep. Burton moved to adjourn.The motion passed with a vote of 9-0-6. | |||
| Yeas - 9 | Nays- 0 | Abs- 6 | |
| Rep. J. Burton Rep. J. Dunnigan Rep. J. Hawkins Rep. A. Maloy Rep. A. Matthews Rep. C. Musselman Rep. T. Peterson Rep. N. Thurston Rep. S. Whyte | Rep. C. Albrecht Rep. B. Brammer Rep. W. Brooks Rep. B. King Rep. M. Schultz Rep. R. Wilcox |
| Chair Whyte adjourned the meeting at 4:16 p.m. |