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H.B. 141

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MEDICAL EDUCATION PROGRAM

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1997 GENERAL SESSION

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STATE OF UTAH

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Sponsor: J. Brent Haymond

5    AN ACT RELATING TO STATE AFFAIRS IN GENERAL; CREATING THE MEDICAL
6    EDUCATION PROGRAM AND COUNCIL; DEFINING TERMS; EXEMPTING
7    EMPLOYEES OF THE COUNCIL FROM THE STATE PAY PLAN; ENUMERATING THE
8    DUTIES AND POWERS OF THE COUNCIL IN SECURING FEDERAL FUNDING FOR
9    GRADUATE MEDICAL EDUCATION THROUGH A DEMONSTRATION PROJECT;
10    DETERMINING THE TRAINING NEEDS OF HEALTH CARE PROFESSIONALS; AND
11    DISTRIBUTING FUND MONIES.
12    This act affects sections of Utah Code Annotated 1953 as follows:
13    AMENDS:
14         67-19-12, as last amended by Chapters 192 and 283, Laws of Utah 1996
15    ENACTS:
16         63C-7-101, Utah Code Annotated 1953
17         63C-7-102, Utah Code Annotated 1953
18         63C-7-103, Utah Code Annotated 1953
19         63C-7-104, Utah Code Annotated 1953
20         63C-7-105, Utah Code Annotated 1953
21    Be it enacted by the Legislature of the state of Utah:
22        Section 1. Section 63C-7-101 is enacted to read:
23    
CHAPTER 7. MEDICAL EDUCATION PROGRAM

24         63C-7-101. Definitions.
25        As used in this chapter:
26        (1) "Accredited clinical training program" means a clinical training program that is
27    accredited by an entity recognized within medical education circles as an accrediting body for


1    medical education, advanced practice nursing education, physician assistance education, or doctor
2    of pharmacy education.
3        (2) "Accredited clinical education program" means a clinical education program for a
4    health care profession that is accredited by the Accreditation Council on Graduate Medical
5    Education.
6        (3) "Council" means the Medical Education Council created under Section 63C-7-103.
7        (4) "Health Care Financing Administration" means the Health Care Financing
8    Administration within the United States Department of Health and Human Services.
9        (5) "Health care professionals in training" means medical students and residents, advance
10    practice nursing students, physician assistant students, and doctor of pharmacy students.
11        (6) "Program" means the Medical Education Program created under Section 63C-7-102.
12        Section 2. Section 63C-7-102 is enacted to read:
13         63C-7-102. Medical Education Program.
14        (1) There is created a Medical Education Program to be administered by the Medical
15    Education Council in cooperation with the Division of Finance.
16        (2) The program shall be funded from monies received for graduate medical education
17    from:
18        (a) the federal Health Care Financing Administration or other federal agency;
19        (b) state appropriations; and
20        (c) donation or private contributions.
21        (3) All funding for this program shall be nonlapsing.
22        (4) Program monies may only be expended if:
23        (a) approved by the council; and
24        (b) used for graduate medical education in accordance with Subsection 63C-7-104(7).
25        Section 3. Section 63C-7-103 is enacted to read:
26         63C-7-103. Medical Education Council.
27        (1) There is created the Medical Education Council consisting of the following members
28    appointed by the governor:
29        (a) the dean of the school of medicine at the University of Utah;
30        (b) a person who represents graduate medical education at the University of Utah;
31        (c) a person from each institution, other than the University of Utah, that h [offers ]
31a     SPONSORS h an

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1    accredited clinical education program;
2        (d) a person from the health care insurance industry; and
3        (e) three members of the general public who are not employed by or affiliated with any
4    institution h [of higher education ] h that offers, sponsors, or finances health care or medical
4a    education h ; HOWEVER, THE GOVERNOR MAY APPOINT AN ADDITIONAL MEMBER OF THE PUBLIC
4b     UNDER THIS SUBSECTION (1)(e) FOR EACH PERSON THE GOVERNOR APPOINTS THAT INCREASES
4c     THE TOTAL NUMBER OF PERSONS APPOINTED UNDER SUBSECTION (1)(c) BEYOND TWO h .
5        (2) Except as provided in Subsection (1)(a) and (b), no two council members may be
6    employed by or affiliated with the same:
7        (a) institution of higher education;
8        (b) state agency outside of higher education; or
9        (c) private entity.
10        (3) The dean of the school of medicine at the University of Utah:
11        (a) shall chair the council;
12        (b) may not be counted in determining the existence of a quorum; and
13        (c) may only cast a vote on a matter before the council if the vote of the other council
14    members results in a tied vote.
15        (4) The council shall annually elect a vice chair from among the members of the council.
16        (5) (a) Consistent with Subsection (6)(b), a majority of the council members constitute a
17    quorum.
18        (b) The action of a majority of a quorum is the action of the council.
19        (6) (a) Except as provided in Subsection (6)(b), members are appointed to four-year terms
20    of office.
21        (b) Notwithstanding Subsection (6)(a), the governor shall, at the time of the initial
22    appointment, adjust the length of terms to ensure that the terms of council members are staggered
23    so that approximately half of the council is appointed every two years.
24        (c) If a vacancy occurs in the membership for any reason, the replacement shall be
25    appointed by the governor for the unexpired term in the same manner as the original appointment
26    was made.
27        (7) (a) Per diem and expenses incurred in the performance of official duties may be paid
28    at the rates established by the Division of Finance under Section 63A-3-106 and Section
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29    63A-3-107 to a council member:
30        (i) who is not a government employee; or
31        (ii) who is a government employee, but does not receive salary, per diem, or expenses


















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1    from the council member's employing unit for service to the council.
2        (b) A council member may decline to receive per diem and expenses for service to the
3    council.
4        Section 4. Section 63C-7-104 is enacted to read:
5         63C-7-104. Duties of council.
6        The council shall:
7        (1) submit an application in accordance with federal law for a demonstration project to the
8    Health Care Financing Administration before December 31, 1997, for the purpose of receiving and
9    disbursing federal funds for direct and indirect graduate medical education expenses;
10        (2) seek private and public contributions for the program;
11        (3) study and recommend options for financing graduate medical education to the State
12    Board of Regents and the Legislature;
13        (4) advise the State Board of Regents and the Legislature on the status and needs of health
14    care professionals in training;
15        (5) determine the method for reimbursing institutions that sponsor health care
16    professionals in training;
17        (6) determine the number and type of positions for health care professionals in training for
18    which program monies may be used; and
19        (7) distribute program monies for graduate medical education in a manner that:
20        (a) prepares h [health care professionals in training ] POST-GRADUATE MEDICAL
20a     RESIDENTS, AS DEFINED BY THE ACCREDITATION COUNCIL ON GRADUATE MEDICAL
20b     EDUCATION, h for inpatient, outpatient, hospital,
21    community, and geographically diverse settings;
22        (b) encourages the coordination of interdisciplinary clinical training among health care
23    professionals in training;
24        (c) promotes stable funding for the clinical training of health care professionals in training;
25    and
26        (d) only funds accredited clinical training programs.
27        Section 5. Section 63C-7-105 is enacted to read:
28         63C-7-105. Powers.
29        The council may:
30        (1) conduct surveys, with the assistance of the Division of Occupational and Professional
31    Licensing within the Department of Commerce, to assess and meet changing market and education
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1    needs;
2        (2) appoint advisory committees of broad representation on interdisciplinary clinical
3    education, workforce mix planning and projections, funding mechanisms, and other topics as is
4    necessary;
5        (3) use federal monies for necessary administrative expenses to carry out its duties and
6    powers as permitted by federal law;
7        (4) distribute program monies in accordance with Subsection 63C-7-104(7); and
8        (5) as is necessary to carry out its duties under Section 63C-7-104:
9        (a) hire employees; and
10        (b) adopt rules in accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking
11    Act.
12        Section 6. Section 67-19-12 is amended to read:
13         67-19-12. State pay plans -- Applicability of section -- Exemptions from section --
14     Duties of director.
15        (1) (a) This section, and the rules adopted by the department to implement this section,
16    apply to each career and noncareer state employee not specifically exempted under Subsection (2).
17        (b) If not exempted under Subsection (2), a state employee is considered to be in classified
18    service.
19        (2) (a) The following state employees are exempt from this section:
20        (i) members of the Legislature and legislative employees;
21        (ii) members of the judiciary and judicial employees;
22        (iii) elected members of the executive branch and their direct staff who are merit-exempt
23    employees;
24        (iv) certificated employees of the State Board of Education;
25        (v) officers, faculty, and other employees of state institutions of higher education;
26        (vi) employees in any position for which the salary is set by statute;
27        (vii) attorneys in the Office of the Attorney General;
28        (viii) department heads and other persons appointed by the governor pursuant to statute;
29        (ix) employees of the Department of Community and Economic Development whose
30    positions are designated as executive/professional positions by the executive director of the
31    Department of Community and Economic Development with the concurrence of the director;

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1        (x) deputy, division, and assistant directors and administrative assistants who report
2    directly to a department head or his equivalent; [and]
3        (xi) employees of the Medical Education Council; and
4        [(xi)] (xii) any other person whose appointment is required by law to be approved by the
5    governor.
6        (b) The executive director shall determine the salary range and other employment benefits
7    for appointees under Subsection (2)(a)(xi).
8        (3) (a) The director shall prepare, maintain, and revise a position classification plan for
9    each employee position not exempted under Subsection (2) to provide equal pay for equal work.
10        (b) Classification of positions shall be based upon similarity of duties performed and
11    responsibilities assumed, so that the same qualifications may reasonably be required for, and the
12    same salary range may be applied equitably to, each position in the same class.
13        (c) The director shall allocate or reallocate the position of each employee in classified
14    service to one of the classes in the classification plan.
15        (d) (i) The department shall conduct periodic studies and desk audits to provide that the
16    classification plan remains reasonably current and reflects the duties and responsibilities assigned
17    to and performed by employees.
18        (ii) The director shall determine the schedule for studies and desk audits after considering
19    factors such as changes in duties and responsibilities of positions or agency reorganizations.
20        (4) (a) With the approval of the governor, the director shall develop and adopt pay plans
21    for each position in classified service.
22        (b) The director shall design each pay plan to achieve, to the degree that funds permit,
23    comparability of state salary ranges to salary ranges used by private enterprise and other public
24    employment for similar work.
25        (c) The director shall adhere to the following in developing each pay plan:
26        (i) Each pay plan shall consist of sufficient salary ranges to permit adequate salary
27    differential among the various classes of positions in the classification plan.
28        (ii) The director shall assign each class of positions in the classification plan to a salary
29    range and shall set the width of the salary range to reflect the normal growth and productivity
30    potential of employees in that class. The width of the ranges need not be uniform for all classes
31    of positions in the plan, but each range shall contain merit steps in increments of 2.75% salary

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1    increases.
2        (iii) The director shall issue rules for the administration of pay plans. The rules may
3    provide for exceptional performance increases and for a program of incentive awards for
4    cost-saving suggestions and other commendable acts of employees. The director shall issue rules
5    providing for salary adjustments.
6        (iv) Merit step increases shall be granted, if funds are available, to employees who receive
7    a rating of "successful" or higher in an annual evaluation of their productivity and performance.
8        (v) By October 15 of each year, the director shall submit market comparability adjustments
9    to the state budget officer for consideration to be included as part of the affected agency's base
10    budgets.
11        (vi) By October 31 of each year, the director shall recommend a compensation package
12    to the governor.
13        (vii) Adjustments shall incorporate the results of a total compensation market survey of
14    salary ranges and benefits of a reasonable cross section of comparable benchmark positions in
15    private and public employment in the state. The survey may also study comparable unusual
16    positions requiring recruitment outside Utah in the surrounding western states. The director may
17    cooperate with other public and private employers in conducting the survey.
18        (viii) The director shall establish criteria to assure the adequacy and accuracy of the survey
19    and shall use methods and techniques similar to and consistent with those used in private sector
20    surveys. Except as provided under Section 67-19-12.3, the survey shall include a reasonable cross
21    section of employers. The director may cooperate with or participate in any survey conducted by
22    other public and private employers.
23        (ix) The establishing of a salary range is a nondelegable activity subject to Subsection
24    67-19-8(1) and is not appealable under the grievance procedures of Sections 67-19-30 through
25    67-19-32, Title 67, Chapter 19a, Grievance and Appeal Procedures, or otherwise.
26        (x) The governor shall:
27        (i) consider salary adjustments recommended under Subsection (4)(c)(vi) in preparing the
28    executive budget and shall recommend the method of distributing the adjustments;
29        (ii) submit compensation recommendations to the Legislature; and
30        (iii) support the recommendation with schedules indicating the cost to individual
31    departments and the source of funds.

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1        (xi) If funding is approved by the Legislature in a general appropriations act, the
2    adjustments take effect on the July 1 following the enactment.
3        (5) (a) The director shall regularly evaluate the total compensation program of state
4    employees in the classified service.
5        (b) The department shall determine if employee benefits are comparable to those offered
6    by other private and public employers using information from:
7        (i) the most recent edition of the Employee Benefits Survey Data conducted by the U.S.
8    Chamber of Commerce Research Center; or
9        (ii) the most recent edition of a nationally recognized benefits survey.
10        (6) (a) The director shall submit proposals for a state employee compensation plan to the
11    governor by October 31 of each year, setting forth findings and recommendations affecting state
12    employee compensation.
13        (b) The governor shall consider the director's proposals in preparing budget
14    recommendations for the Legislature.
15        (c) The governor's budget proposals to the Legislature shall include a specific
16    recommendation on state employee compensation.




Legislative Review Note
    as of 1-29-97 5:40 PM


A limited legal review of this bill raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel


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