S.B. 113 Enrolled

HEALTH CARE WORKFORCE LOAN
REPAYMENT ASSISTANCE
2002 GENERAL SESSION
STATE OF UTAH
Sponsor: Peter C. Knudson
This act modifies the Utah Health Code. This act replaces three financial assistance
programs--the Physicians and Physicians Assistants Grant and Scholarship Program, the
Nurse Education Financial Assistance Program, and the Special Population Health Care
Provider Financial Assistance Program with a new Utah Health Care Workforce Financial
Assistance Program. This act specifies the duties of the Department of Health in
administering the new program and creates a committee to advise the department on the
development and modification of rules for the program. This act provides for continuity
between the old programs and the new program. This act provides a repeal date and an
effective date.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
26-1-7, as last amended by Chapter 345, Laws of Utah 1996
63-55b-126, as enacted by Chapter 318, Laws of Utah 2001
ENACTS:
26-45-101, Utah Code Annotated 1953
26-45-102, Utah Code Annotated 1953
26-45-103, Utah Code Annotated 1953
26-45-104, Utah Code Annotated 1953
REPEALS:
26-9-201, as enacted by Chapter 44, Laws of Utah 1993
26-9-202, as last amended by Chapter 21, Laws of Utah 1999
26-9-203, as last amended by Chapters 194 and 243, Laws of Utah 1996
26-9-204, as enacted by Chapter 44, Laws of Utah 1993
26-9-205, as enacted by Chapter 44, Laws of Utah 1993

26-9-206, as enacted by Chapter 44, Laws of Utah 1993
26-9-207, as enacted by Chapter 44, Laws of Utah 1993
26-9-208, as last amended by Chapter 59, Laws of Utah 1995
26-9-209, as last amended by Chapter 59, Laws of Utah 1995
26-9-210, as last amended by Chapter 79, Laws of Utah 1996
26-9-211, as last amended by Chapter 59, Laws of Utah 1995
26-9-212, as last amended by Chapter 13, Laws of Utah 1998
26-9-213, as enacted by Chapter 44, Laws of Utah 1993
26-9d-1, as last amended by Chapter 21, Laws of Utah 1999
26-9d-2, as last amended by Chapters 194 and 243, Laws of Utah 1996
26-9d-3, as enacted by Chapter 252, Laws of Utah 1992
26-9d-4, as enacted by Chapter 252, Laws of Utah 1992
26-9d-5, as last amended by Chapter 21, Laws of Utah 1999
26-9d-6, as enacted by Chapter 252, Laws of Utah 1992
26-9d-7, as enacted by Chapter 252, Laws of Utah 1992
26-9d-8, as enacted by Chapter 252, Laws of Utah 1992
26-9d-9, as enacted by Chapter 252, Laws of Utah 1992
26-9d-10, as last amended by Chapter 13, Laws of Utah 1998
26-9e-1, as enacted by Chapter 345, Laws of Utah 1996
26-9e-2, as last amended by Chapter 97, Laws of Utah 1998
26-9e-3, as enacted by Chapter 345, Laws of Utah 1996
26-9e-4, as last amended by Chapter 97, Laws of Utah 1998
26-9e-5, as last amended by Chapter 97, Laws of Utah 1998
26-9e-6, as enacted by Chapter 345, Laws of Utah 1996
26-9e-7, as last amended by Chapter 97, Laws of Utah 1998
26-9e-8, as last amended by Chapter 97, Laws of Utah 1998
26-9e-9, as last amended by Chapter 97, Laws of Utah 1998
26-9e-10, as last amended by Chapter 97, Laws of Utah 1998

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26-9e-11, as last amended by Chapters 13 and 97, Laws of Utah 1998
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 26-1-7 is amended to read:
26-1-7. Committees within department.
There are created within the department the following committees:
(1) Health Facility Committee;
(2) State Emergency Medical Services Committee;
[(3) Rural Medical Financial Assistance Committee;]
[(4) Nurse Financial Assistance Committee;]
[(5)] (3) Health Data Committee; and
[(6) Special Population Health Care Provider Financial Assistance Committee.]
(4) Utah Health Care Workforce Financial Assistance Program Advisory Committee.
Section 2. Section 26-45-101 is enacted to read:
CHAPTER 45. UTAH HEALTH CARE WORKFORCE
FINANCIAL ASSISTANCE PROGRAM
26-45-101. Definitions.
(1) "Health care professional" means a physician, physician assistant, nurse, dentist, mental
health therapist, or other health care professional designated by the department by rule.
(2) "Underserved area" means an area designated by the department as underserved by health
care professionals, based upon the results of a needs assessment developed by the department in
consultation with the Utah Health Care Workforce Financial Assistance Program Advisory
Committee created under Section 26-45-103 .
Section 3. Section 26-45-102 is enacted to read:
26-45-102. Creation of program -- Duties of department.
(1) There is created within the department the Utah Health Care Workforce Financial
Assistance Program to provide professional education scholarships and loan repayment assistance
to health care professionals who locate or continue to practice in underserved areas.
(2) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, the

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department shall make rules governing the administration of the program, including rules that
address:
(a) application procedures;
(b) eligibility criteria;
(c) selection criteria;
(d) service conditions, which at a minimum shall include professional service in an
underserved area for a minimum period of time by any person receiving a scholarship or loan
repayment assistance;
(e) penalties for failure to comply with service conditions or other terms of a scholarship or
loan repayment contract;
(f) criteria for modifying or waiving service conditions or penalties in case of extreme
hardship or other good cause; and
(g) administration of contracts entered into before the effective date of this act, between the
department and scholarship or loan repayment recipients under Title 26, Chapter 9, Part 2, Physicians
and Physician Assistants Grant and Scholarship Program, Title 26, Chapter 9d, Nurse Education
Financial Assistance, or Title 26, Chapter 9e, Special Population Health Care Provider Financial
Assistance and Retention Act.
(3) The department shall seek and consider the recommendations of the Utah Health Care
Workforce Financial Assistance Program Advisory Committee created under Section 26-45-103 as
it develops and modifies rules to administer the program.
(4) Funding for the program shall be a line item within the appropriations act, shall be
nonlapsing unless designated otherwise, and may be used to cover administrative costs of the
program, including reimbursement expenses of the Utah Health Care Workforce Financial
Assistance Program Advisory Committee created under Section 26-45-103 .
(5) Loan repayments and payments resulting from breach of contract are dedicated credits
to the program.
(6) The department shall prepare an annual report on the revenues, expenditures, and
outcomes of the program.

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Section 4. Section 26-45-103 is enacted to read:
26-45-103. Advisory committee -- Membership -- Compensation -- Duties.
(1) There is created the Utah Health Care Workforce Financial Assistance Program Advisory
Committee consisting of the following 11 members appointed by the executive director, seven of
whom shall be residents of rural communities:
(a) one rural representative of Utah Hospitals and Health Systems, nominated by the
association;
(b) one rural representative of the Utah Medical Association, nominated by the association;
(c) one representative of the Utah Academy of Physician Assistants, nominated by the
association;
(d) one representative of the Association for Utah Community Health, nominated by the
association;
(e) one representative of the Utah Dental Association, nominated by the association;
(f) one representative of mental health therapists, selected from nominees submitted by
mental health therapist professional associations;
(g) one representative of the Association of Local Health Officers, nominated by the
association;
(h) one representative of the low-income advocacy community, nominated by the Utah
Human Services Coalition;
(i) one nursing program faculty member, nominated by the Statewide Deans and Directors
Committee;
(j) one administrator of a long-term care facility, nominated by the Utah Health Care
Association; and
(k) one nursing administrator, nominated by the Utah Nurses Association.
(2) An appointment to the committee shall be for a four-year term unless the member is
appointed to complete an unexpired term. The executive director may also adjust the length of term
at the time of appointment or reappointment so that approximately 1/2 the committee is appointed
every two years. The executive director shall annually appoint a committee chair from among the

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members of the committee.
(3) The committee shall meet at the call of the chair, at least three members of the
committee, or the executive director, but no less frequently than once each calendar year.
(4) A majority of the members of the committee constitutes a quorum. The action of a
majority of a quorum constitutes the action of the committee.
(5) Members of the committee may not receive compensation for their work associated with
the committee, but may receive from the department reimbursement for travel expenses incurred as
a member of the committee, as funds are available, at the rates established by the Division of Finance
under Section 63A-3-107 . Members of the committee may decline reimbursement.
(6) The committee shall:
(a) make recommendations to the department for the development and modification of rules
to administer the Utah Health Care Workforce Financial Assistance Program; and
(b) advise the department on the development of a needs assessment tool for identifying
underserved areas.
(7) As funding permits, the department shall provide staff and other administrative support
to the committee.
Section 5. Section 26-45-104 is enacted to read:
26-45-104. Continuity between programs.
(1) A contract entered into between the department and a scholarship or loan repayment
recipient under Title 26, Chapter 9, Part 2, Physicians and Physician Assistants Grant and
Scholarship Program, Title 26, Chapter 9d, Nurse Education Financial Assistance, or Title 26,
Chapter 9e, Special Population Health Care Provider Financial Assistance and Retention Act, prior
to the effective date of this act, remains valid on and after the effective date of this act, except that
any provisions that cannot be administered due to the repeal of these programs shall be administered
pursuant to Subsection 26-45-102 (2)(g).
(2) Applications in process on the effective date of this act, for scholarship or loan
repayment under Title 26, Chapter 9, Part 2, Physicians and Physician Assistants Grant and
Scholarship Program, Title 26, Chapter 9d, Nurse Education Financial Assistance, or Title 26,

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Chapter 9e, Special Population Health Care Provider Financial Assistance and Retention Act, shall
be evaluated for acceptance under the provisions of this chapter.
Section 6. Section 63-55b-126 is amended to read:
63-55b-126. Repeal dates -- Title 26.
(1) Section 26-4-7.1 is repealed April 1, 2002.
(2) Title 26, Chapter 45, "Utah Health Care Workforce Financial Assistance Program," is
repealed July 1, 2007.
Section 7. Repealer.
This act repeals:
Section 26-9-201, Title.
Section 26-9-202, Definitions.
Section 26-9-203, Rural Medical Financial Assistance Committee -- Membership --
Expenses.
Section 26-9-204, Committee duties and powers.
Section 26-9-205, Department duties and powers.
Section 26-9-206, Physician loan repayment grants -- Terms and amounts -- Service.
Section 26-9-207, Physician scholarships -- Terms and amounts -- Service.
Section 26-9-208, Physician assistant loan repayment grants -- Terms and amounts --
Service.
Section 26-9-209, Physician assistant scholarships -- Terms and amounts -- Service.
Section 26-9-210, Service obligation -- Repayment -- Penalty.
Section 26-9-211, Funding.
Section 26-9-212, Reporting.
Section 26-9-213, Continuity with prior provisions.
Section 26-9d-1, Definitions.
Section 26-9d-2, Committee -- Appointment -- Membership -- Terms -- Vacancies --
Quorum -- Per diem and expenses.
Section 26-9d-3, Committee responsibilities.

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Section 26-9d-4, Powers and duties of the department.
Section 26-9d-5, Loan repayment grants -- Terms and amounts -- Service.
Section 26-9d-6, Scholarships -- Terms and amounts -- Service.
Section 26-9d-7, Service obligation -- Repayment -- Penalty.
Section 26-9d-8, Release from obligation -- Cancellation.
Section 26-9d-9, Funding.
Section 26-9d-10, Reporting.
Section 26-9e-1, Title.
Section 26-9e-2, Definitions.
Section 26-9e-3, Creation of program.
Section 26-9e-4, Committee created.
Section 26-9e-5, Committee responsibilities.
Section 26-9e-6, Department responsibilities.
Section 26-9e-7, Primary health care provider loan repayment grants -- Terms and
amounts -- Service.
Section 26-9e-8, Primary health care provider scholarships -- Terms and amounts --
Service.
Section 26-9e-9, Service obligation -- Repayment -- Penalty.
Section 26-9e-10, Funding.
Section 26-9e-11, Committee report.
Section 8. Effective date.
If approved by two-thirds of all the members elected to each house, this act takes effect upon
approval by the governor, or the day following the constitutional time limit of Utah Constitution
Article VII, Section 8, without the governor's signature, or in the case of a veto, the date of veto
override.

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