1     
UTAH HEALTH WORKFORCE ACT

2     
2022 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Norman K. Thurston

5     
Senate Sponsor: Jacob L. Anderegg

6     

7     LONG TITLE
8     General Description:
9          This bill enacts provisions relating to Utah's health workforce.
10     Highlighted Provisions:
11          This bill:
12          ▸     defines terms;
13          ▸     creates the Utah Health Workforce Advisory Council (council);
14          ▸     requires the council to provide information and recommendations to government
15     entities regarding policy decisions that affect Utah's health workforce;
16          ▸     creates the Utah Health Workforce Information Center (information center);
17          ▸     requires the information center to conduct research and analyze data regarding
18     Utah's health workforce;
19          ▸     moves oversight of the Utah Medical Education Council to the council;
20          ▸     modifies the Utah Medical Education Council's duties, including removing data
21     analysis duties;
22          ▸     requires the Department of Commerce to work with the council and the information
23     center to collect data regarding Utah's health workforce; and
24          ▸     makes technical changes.
25     Money Appropriated in this Bill:
26          None
27     Other Special Clauses:
28          This bill provides a special effective date.
29     Utah Code Sections Affected:
30     AMENDS:
31          53B-26-202, as last amended by Laws of Utah 2020, Chapter 365
32          63I-1-226, as last amended by Laws of Utah 2021, Chapters 13, 50, 64, 163, 182, 234,
33     and 417
34          63I-1-253, as last amended by Laws of Utah 2021, Chapters 14, 64, 106, 233, and 307
35          63J-1-602.2, as last amended by Laws of Utah 2021, Chapters 179, 344, 412, 421, and
36     424
37          63J-7-102, as last amended by Laws of Utah 2018, Chapter 415
38     ENACTS:
39          26-69-101, Utah Code Annotated 1953
40          26-69-201, Utah Code Annotated 1953
41          26-69-202, Utah Code Annotated 1953
42          26-69-203, Utah Code Annotated 1953
43          26-69-301, Utah Code Annotated 1953
44          58-1-112, Utah Code Annotated 1953
45     RENUMBERS AND AMENDS:
46          26-69-401, (Renumbered from 53B-24-102, as last amended by Laws of Utah 2020,
47     Chapter 335)
48          26-69-402, (Renumbered from 53B-24-302, as renumbered and amended by Laws of
49     Utah 2013, Chapter 28)
50          26-69-403, (Renumbered from 53B-24-202, as last amended by Laws of Utah 2015,
51     Chapter 258)
52          26-69-404, (Renumbered from 53B-24-303, as last amended by Laws of Utah 2018,
53     Chapter 354)
54          26-69-405, (Renumbered from 53B-24-304, as renumbered and amended by Laws of
55     Utah 2013, Chapter 28)
56          26-69-406, (Renumbered from 53B-24-402, as last amended by Laws of Utah 2020,
57     Chapter 335)
58     REPEALS:
59          53B-24-101, as enacted by Laws of Utah 2013, Chapter 28
60          53B-24-201, as enacted by Laws of Utah 2013, Chapter 28
61          53B-24-301, as enacted by Laws of Utah 2013, Chapter 28
62          53B-24-401, as enacted by Laws of Utah 2013, Chapter 28
63     

64     Be it enacted by the Legislature of the state of Utah:
65          Section 1. Section 26-69-101 is enacted to read:
66     
CHAPTER 69. UTAH HEALTH WORKFORCE ACT

67     
Part 1. General Provisions

68          26-69-101. Definitions.
69          As used in this chapter:
70          (1) "Council" means the Utah Health Workforce Advisory Council created in Section
71     26-69-103.
72          (2) "Health sector" means any place of employment where the primary function is the
73     delivery of health care services.
74          (3) (a) "Health workforce" means the individuals, collectively and by profession, who
75     deliver health care services or assist in the delivery of health care services.
76          (b) "Health workforce" includes any health care professional who does not work in the
77     health sector and any non-health care professional who works in the health sector.
78          Section 2. Section 26-69-201 is enacted to read:
79     
Part 2. Utah Health Workforce Advisory Council

80          26-69-201. Utah Health Workforce Advisory Council creation and membership.
81          (1) There is created within the department the Utah Health Workforce Advisory
82     Council.
83          (2) The council shall be comprised of at least 14 but not more than 19 members.
84          (3) The following are members of the council:
85          (a) the executive director or that individual's designee;
86          (b) the executive director of the Department of Workforce Services or that individual's
87     designee;
88          (c) the commissioner of higher education of the Utah System of Higher Education or
89     that individual's designee;
90          (d) the state superintendent of the State Board of Education or that individual's
91     designee;
92          (e) the executive director of the Department of Commerce or that individual's designee;
93          (f) the director of the Division of Multicultural Affairs or that individual's designee;
94          (g) the director of the Utah Substance Use and Mental Advisory Council or that
95     individual's designee;
96          (h) the chair of the Utah Indian Health Advisory Board; and
97          (i) the chair of the Utah Medical Education Council created in Section 26-69-402.
98          (4) The executive director shall appoint at least five but not more than ten additional
99     members that represent diverse perspectives regarding Utah's health workforce.
100          (5) (a) A member appointed by the executive director under Subsection (4) shall serve
101     a four-year term.
102          (b) Notwithstanding Subsection (5)(a) for the initial appointments of members
103     described in Subsection (4) the executive director shall appoint at least three but not more than
104     five members to a two-year appointment to ensure that approximately half of the members
105     appointed by the executive director rotate every two years.
106          (6) The executive director or the executive director's designee shall chair the council.
107          Section 3. Section 26-69-202 is enacted to read:
108          26-69-202. Council and executive director duties.
109          (1) The council shall:
110          (a) meet at least once each quarter;
111          (b) study and provide recommendations to an entity described in Subsection (2)
112     regarding:
113          (i) health workforce supply;
114          (ii) health workforce employment trends and demand;
115          (iii) options for training and educating the health workforce;
116          (iv) the implementation or improvement of strategies that entities in the state are using
117     or may use to address health workforce needs including:
118          (A) shortages;
119          (B) recruitment; and
120          (C) retention; and
121          (v) other Utah health workforce priorities as determined by the council;
122          (c) provide guidance to an entity described in Subsection (2) regarding health
123     workforce related matters;
124          (d) review and comment on legislation relevant to Utah's health workforce; and
125          (e) advise the Utah Board of Higher Education and the Legislature on the status and
126     needs of the health workforce who are in training.
127          (2) The council shall provide information described in Subsections (1)(b) and (c) to:
128          (a) the Legislature;
129          (b) the department;
130          (c) the Department of Workforce Services;
131          (d) the Department of Commerce;
132          (e) the Utah Medical Education Council; and
133          (f) any other entity the council deems appropriate upon the entity's request.
134          (3) (a) The Utah Medical Education Council created in Section 26-69-402 is a
135     subcommittee of the council.
136          (b) The council may establish subcommittees to support the work of the council.
137          (c) A member of the council shall chair a subcommittee created by the council.
138          (d) Except for the Utah Medical Education Council, the chair of the subcommittee may
139     appoint any individual to the subcommittee.
140          (4) For any report created by the council that pertains to any duty described in
141     Subsection (1), the council shall:
142          (a) provide the report to:
143          (i) the department; and
144          (ii) any appropriate legislative committee; and
145          (b) post the report on the council's website.
146          (5) The executive director shall:
147          (a) ensure the council has adequate staff to support the council and any subcommittee
148     created by the council; and
149          (b) provide any available information upon the council's request if:
150          (i) that information is necessary for the council to fulfill a duty described in Subsection
151     (1); and
152          (ii) the department has access to the information.
153          Section 4. Section 26-69-203 is enacted to read:
154          26-69-203. Members serve without pay -- Reimbursement for expenses.
155          A member of the council or a subcommittee created by the council may not receive
156     compensation or benefits for the member's service but may receive per diem and travel
157     expenses as allowed in:
158          (1) Section 63A-3-106;
159          (2) Section 63A-3-107; and
160          (3) rules made by the Division of Finance according to Sections 63A-3-106 and
161     63A-3-107.
162          Section 5. Section 26-69-301 is enacted to read:
163     
Part 3. Utah Health Workforce Information Center

164          26-69-301. Utah Health Workforce Information Center.
165          (1) There is created within the department the Utah Health Workforce Information
166     Center.
167          (2) The information center shall:
168          (a) under the guidance of the council, work with the Department of Commerce to
169     collect data described in Section 58-1-112;
170          (b) analyze data from any available source regarding Utah's health workforce including
171     data collected by the Department of Commerce under Section 58-1-112;
172          (c) send a report to the council regarding any analysis of health workforce data;
173          (d) conduct research on Utah's health workforce as directed by the council;
174          (e) notwithstanding the provisions of Subsection 35A-4-312(3), receive information
175     obtained by the Department of Workforce Services under the provisions of Section 35A-4-312
176     for purposes consistent with the information center's duties, including identifying changes in
177     Utah's health workforce numbers, types, and geographic distribution;
178          (f) project the demand for individuals to enter health care professions, including the
179     nursing profession in accordance with Section 53B-26-202;
180          (g) subject to Section 26-3-7, share data with any appropriate person as determined by
181     the information center; and
182          (h) conduct research and provide analysis for any state agency as approved by the
183     executive director or the executive director's designee.
184          (3) Notwithstanding any other provision of state law, the information center is
185     authorized to obtain data from any state agency if:
186          (a) the council and the information center deem receiving the data necessary to perform
187     a duty listed under Subsection (2) or 26-69-202(1); and
188          (b) the information center's access to the data will not:
189          (i) violate any federal statute or federal regulation; or
190          (ii) violate a condition a state agency must follow:
191          (A) to participate in a federal program; or
192          (B) to receive federal funds.
193          Section 6. Section 26-69-401, which is renumbered from Section 53B-24-102 is
194     renumbered and amended to read:
195     
Part 4. Utah Medical Education Council

196          [53B-24-102].      26-69-401. Definitions.
197          As used in this chapter:
198          (1) "Accredited clinical education program" means a clinical education program for a
199     health care profession that is accredited by the Accreditation Council on Graduate Medical
200     Education.
201          (2) "Accredited clinical training program" means a clinical training program that is
202     accredited by an entity recognized within medical education circles as an accrediting body for
203     medical education, advanced practice nursing education, physician assistance education, doctor
204     of pharmacy education, dental education, or registered nursing education.
205          (3) "Centers for Medicare and Medicaid Services" means the Centers for Medicare and
206     Medicaid Services within the United States Department of Health and Human Services.
207          [(4) "Council" means the Medical Education Council created under Section
208     53B-24-302.]
209          [(5)] (4) "Health care professionals in training" means medical students and residents,
210     advance practice nursing students, physician assistant students, doctor of pharmacy students,
211     dental students, and registered nursing students.
212          [(6)] (5) "Program" means the Medical Education Program created under Section
213     [53B-24-202] 26-69-403.
214          (6) "UMEC" means the Utah Medical Education Council created in Section 26-69-402.
215          Section 7. Section 26-69-402, which is renumbered from Section 53B-24-302 is
216     renumbered and amended to read:
217          [53B-24-302].      26-69-402. Utah Medical Education Council.
218          [(1) There is created the Medical Education Council consisting of the following
219     members appointed by the governor:]
220          (1) (a) There is created the Utah Medical Education Council, which is a subcommittee
221     of the Utah Health Workforce Advisory Council.
222          (b) The membership of UMEC shall consist of the following appointed by the
223     governor:
224          [(a)] (i) the dean of the school of medicine at the University of Utah;
225          [(b) a person] (ii) an individual who represents graduate medical education at the
226     University of Utah;
227          [(c) a person] (iii) an individual from each institution, other than the University of
228     Utah, that sponsors an accredited clinical education program;
229          [(d) a person] (iv) an individual from the health care insurance industry; and
230          [(e)] (v) (A) three members of the general public who are not employed by or affiliated
231     with any institution that offers, sponsors, or finances health care or medical education;
232     [however,] and
233          (B) if the number of individuals appointed under Subsection (1)(b)(iii) is more than
234     two, the governor may appoint an additional member of the public under this Subsection
235     [(1)(e)] (1)(b)(v) for each [person] individual the governor appoints [that increases the total
236     number of persons appointed] under Subsection [(1)(c)] (1)(b)(iii) beyond two.
237          (2) Except as provided in [Subsection (1)(a) and (b)] Subsections (1)(b)(i) and (ii), no
238     two council members may be employed by or affiliated with the same:
239          (a) institution of higher education;
240          (b) state agency outside of higher education; or
241          (c) private entity.
242          (3) The dean of the school of medicine at the University of Utah:
243          (a) shall chair [the council] UMEC;
244          (b) may not be counted in determining the existence of a quorum; and
245          (c) may only cast a vote on a matter before the council if the vote of the other council
246     members results in a tied vote.
247          (4) [The council] UMEC shall annually elect a vice chair from [among the members of
248     the council] UMEC's members.
249          (5) (a) Consistent with Subsection (6)(b), a majority of the [council] members
250     constitute a quorum.
251          (b) The action of a majority of a quorum is the action of [the council] UMEC.
252          (6) (a) Except as provided in Subsection (6)(b), members are appointed to four-year
253     terms of office.
254          (b) Notwithstanding Subsection (6)(a), the governor shall, at the time of the initial
255     appointment, adjust the length of terms to ensure that the terms of council members are
256     staggered so that approximately half of the [council is] members are appointed every two years.
257          (c) If a vacancy occurs in the membership for any reason, the replacement shall be
258     appointed by the governor for the unexpired term in the same manner as the original
259     appointment was made.
260          (7) A member may not receive compensation or benefits for the member's service, but
261     may receive per diem and travel expenses in accordance with:
262          (a) Section 63A-3-106;
263          (b) Section 63A-3-107; and
264          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
265     63A-3-107.
266          (8) The council shall provide staff for UMEC.
267          Section 8. Section 26-69-403, which is renumbered from Section 53B-24-202 is
268     renumbered and amended to read:
269          [53B-24-202].      26-69-403. Medical Education Program.
270          (1) There is created a Medical Education Program to be administered by [the Medical
271     Education Council] UMEC in cooperation with the Division of Finance.
272          (2) The program shall be funded from money received for graduate medical education
273     from:
274          (a) the federal Centers for Medicare and Medicaid Services or other federal agency;
275          (b) state appropriations; and
276          (c) donation or private contributions.
277          (3) All funding for this program shall be nonlapsing.
278          (4) Program money may only be expended if:
279          (a) approved by [the council] UMEC; and
280          (b) used for graduate medical education in accordance with Subsection
281     [53B-24-303(7)] 26-69-404(4).
282          Section 9. Section 26-69-404, which is renumbered from Section 53B-24-303 is
283     renumbered and amended to read:
284          [53B-24-303].      26-69-404. Duties of UMEC.
285          [The council] UMEC shall:
286          [(1) submit an application in accordance with federal law for a demonstration project to
287     the Centers for Medicare and Medicaid Services before December 31, 1997, for the purpose of
288     receiving and disbursing federal funds for direct and indirect graduate medical education
289     expenses;]
290          [(2)] (1) seek private and public contributions for the program;
291          [(3) study and recommend options for financing graduate medical education to the
292     board and the Legislature;]
293          [(4) advise the board and the Legislature on the status and needs of health care
294     professionals in training;]
295          [(5)] (2) determine the method for reimbursing institutions that sponsor health care
296     professionals in training;
297          [(6)] (3) determine the number and type of positions for health care professionals in
298     training for which program money may be used;
299          [(7)] (4) distribute program money for graduate medical education in a manner that:
300          (a) prepares postgraduate medical residents, as defined by the accreditation council on
301     graduate medical education, for inpatient, outpatient, hospital, community, and geographically
302     diverse settings;
303          (b) encourages the coordination of interdisciplinary clinical training among health care
304     professionals in training;
305          (c) promotes stable funding for the clinical training of health care professionals in
306     training; and
307          (d) only funds accredited clinical training programs; and
308          [(8) project the demand for individuals to enter a nursing profession as described in
309     Section 53B-26-202.]
310          (5) advise on the implementation of the program.
311          Section 10. Section 26-69-405, which is renumbered from Section 53B-24-304 is
312     renumbered and amended to read:
313          [53B-24-304].      26-69-405. Powers of UMEC.
314          [The council] UMEC may:
315          [(1) conduct surveys, with the assistance of the Division of Occupational and
316     Professional Licensing within the Department of Commerce, to assess and meet changing
317     market and education needs;]
318          [(2) notwithstanding the provisions of Subsection 35A-4-312(3), receive information
319     obtained by the Division of Workforce Information and Payment Services under the provisions
320     of Section 35A-4-312 for purposes consistent with the council's duties as identified under
321     Section 53B-24-303, including identifying changes in the medical and health care workforce
322     numbers, types, and geographic distribution;]
323          [(3)] (1) appoint advisory committees of broad representation on interdisciplinary
324     clinical education, workforce mix planning and projections, funding mechanisms, and other
325     topics as is necessary;
326          [(4)] (2) use federal money for necessary administrative expenses to carry out its duties
327     and powers as permitted by federal law;
328          [(5)] (3) distribute program money in accordance with Subsection [53B-24-303(7)]
329     26-69-404(4); and
330          [(6)] (4) as is necessary to carry out [its] UMEC's duties under Section [53B-24-303:
331     (a) hire employees; and (b)] 26-69-404, adopt rules in accordance with Title 63G, Chapter 3,
332     Utah Administrative Rulemaking Act.
333          Section 11. Section 26-69-406, which is renumbered from Section 53B-24-402 is
334     renumbered and amended to read:
335          [53B-24-402].      26-69-406. Rural residency training program.
336          (1) As used in this section:
337          (a) "Physician" means:
338          (i) [a person] an individual licensed to practice medicine under Title 58, Chapter 67,
339     Utah Medical Practice Act or Title 58, Chapter 68, Utah Osteopathic Medical Practice Act; and
340          (ii) [a person] an individual licensed to practice dentistry under Title 58, Chapter 69,
341     Dentist and Dental Hygienist Practice Act.
342          (b) "Rural residency training program" means an accredited clinical training program
343     [which] that places a physician into a rural county for a part or all of the physician's clinical
344     training.
345          (2) [(a)] Subject to appropriations from the Legislature, [the council] UMEC shall
346     establish a pilot program to place physicians into rural residency training programs.
347          [(b) The program shall sunset in accordance with Section 63I-1-253.]
348          Section 12. Section 53B-26-202 is amended to read:
349          53B-26-202. Nursing initiative -- Reporting requirements -- Proposals -- Funding.
350          (1) Every even-numbered year, [the Medical Education Council created in Section
351     53B-24-302] the Utah Health Workforce Information Center created in Section 26-69-301
352     shall:
353          (a) project the demand, by license classification, for individuals to enter a nursing
354     profession in each region;
355          (b) receive input from at least one medical association in developing the projections
356     described in Subsection (1)(a); and
357          (c) report the projections described in Subsection (1)(a) to:
358          (i) the board; and
359          (ii) the Higher Education Appropriations Subcommittee.
360          (2) To receive funding under this section, on or before January 5, an eligible program
361     shall submit to the Higher Education Appropriations Subcommittee, through the budget
362     process for the board, as applicable, a proposal that describes:
363          (a) a program of instruction offered by the eligible program that is responsive to a
364     projection described in Subsection (1)(a);
365          (b) the following information about the eligible program:
366          (i) expected student enrollment;
367          (ii) attainment rates;
368          (iii) job placement rates; and
369          (iv) passage rates for exams required for licensure for a nursing profession;
370          (c) the instructional cost per full-time equivalent student enrolled in the eligible
371     program;
372          (d) financial or in-kind contributions to the eligible program from:
373          (i) the health care industry; or
374          (ii) an institution; and
375          (e) a funding request, including justification for the request.
376          (3) The Higher Education Appropriations Subcommittee shall:
377          (a) review a proposal submitted under this section using the following criteria:
378          (i) the proposal:
379          (A) contains the elements described in Subsection (2);
380          (B) expands the capacity to meet the projected demand described in Subsection (1)(a);
381     and
382          (C) has health care industry or institution support; and
383          (ii) the program of instruction described in the proposal:
384          (A) is cost effective;
385          (B) has support from the health care industry or an institution; and
386          (C) has high passage rates on exams required for licensure for a nursing profession;
387          (b) determine the extent to which to fund the proposal; and
388          (c) make an appropriation recommendation to the Legislature on the amount of money
389     determined under Subsection (3)(b) to the eligible program's institution.
390          (4) An institution that receives funding under this section shall use the funding to
391     increase the number of students enrolled in the eligible program for which the institution
392     receives funding.
393          (5) [On or before November 1, 2020, and annually thereafter,] On or before November
394     1 of each year, the board shall report to the Higher Education Appropriations Subcommittee on
395     the elements described in Subsection (2) for each eligible program funded under this section.
396          Section 13. Section 58-1-112 is enacted to read:
397          58-1-112. Data collection.
398          (1) As used in this section:
399          (a) "Council" means the Utah Health Workforce Advisory Council created in Section
400     26-69-201.
401          (b) "Information center" means the Utah Health Workforce Information Center created
402     in Section 26-69-301.
403          (2) (a) In accordance with Subsection 26-69-301(2)(a), the department shall work with
404     the information center to identify relevant data pertaining to a profession described in
405     Subsection (3).
406          (b) The data should focus on:
407          (i) identifying workforce shortages;
408          (ii) identifying labor market indicators;
409          (iii) determining the educational background of a licensee; and
410          (iv) determining whether Utah is retaining a stable health workforce.
411          (c) After the council approves data to be collected, the department shall request the
412     data from a licensee when a licensee applies for a license or renews the licensee's license.
413          (d) The department shall send the obtained data to the information center.
414          (e) A licensee may not be denied a license for failing to provide the data described in
415     Subsection (2)(c) to the department.
416          (3) (a) The department shall prioritize data collection for each profession licensed
417     under:
418          (i) Chapter 31b, Nurse Practice Act;
419          (ii) Chapter 60, Mental Health Professional Practice Act;
420          (iii) Chapter 61, Psychologist Licensing Act;
421          (iv) Chapter 67, Utah Medical Practice Act;
422          (v) Chapter 68, Utah Osteopathic Medical Practice Act;
423          (vi) Chapter 69, Dentist and Dental Hygienist Practice Act; or
424          (vii) Chapter 70a, Utah Physician Assistant Act.
425          (b) After the department has collected data for each profession described in Subsection
426     (3)(a), the department shall collect data for each profession licensed under:
427          (i) Chapter 5a, Podiatric Physician Licensing Act;
428          (ii) Chapter 17b, Pharmacy Practice Act;
429          (iii) Chapter 24b, Physical Therapy Practice Act;
430          (iv) Chapter 40, Recreational Therapy Practice Act;
431          (v) Chapter 41, Speech-Language Pathology and Audiology Licensing Act;
432          (vi) Chapter 42a, Occupational Therapy Practice Act;
433          (vii) Chapter 44a, Nurse Midwife Practice Act;
434          (viii) Chapter 54, Radiologic Technologist, Radiologist Assistant, and Radiology
435     Practical Technician Licensing Act; or
436          (ix) Chapter 57, Respiratory Care Practices Act.
437          (c) The department shall collect data in accordance with this section for any
438     health-related occupation or profession that is regulated by the department and is not described
439     in Subsection (3)(a) or (b) if:
440          (i) funding is available;
441          (ii) the council has identified a need for the data; and
442          (iii) data has been collected for each profession described in Subsections (3)(a) and
443     (3)(b).
444          Section 14. Section 63I-1-226 is amended to read:
445          63I-1-226. Repeal dates, Title 26.
446          (1) Subsection 26-1-7(1)(f), related to the Residential Child Care Licensing Advisory
447     Committee, is repealed July 1, 2024.
448          (2) Subsection 26-1-7(1)(h), related to the Primary Care Grant Committee, is repealed
449     July 1, 2025.
450          (3) Section 26-1-7.5, which creates the Utah Health Advisory Council, is repealed July
451     1, 2025.
452          (4) Section 26-1-40 is repealed July 1, 2022.
453          (5) Section 26-1-41 is repealed July 1, 2026.
454          (6) Section 26-7-10 is repealed July 1, 2025.
455          (7) Subsection 26-7-11(5), regarding reports to the Legislature, is repealed July 1,
456     2028.
457          (8) Section 26-7-14 is repealed December 31, 2027.
458          (9) Title 26, Chapter 9f, Utah Digital Health Service Commission Act, is repealed July
459     1, 2025.
460          (10) Subsection 26-10-6(5), which creates the Newborn Hearing Screening Committee,
461     is repealed July 1, 2026.
462          (11) Section 26-10b-106, which creates the Primary Care Grant Committee, is repealed
463     July 1, 2025.
464          (12) Subsection 26-15c-104(3), relating to a limitation on the number of
465     microenterprise home kitchen permits that may be issued, is repealed on July 1, 2022.
466          (13) Subsection 26-18-2.6(9), which addresses reimbursement for dental hygienists, is
467     repealed July 1, 2028.
468          (14) Section 26-18-27 is repealed July 1, 2025.
469          (15) Title 26, Chapter 18, Part 2, Drug Utilization Review Board, is repealed July 1,
470     2027.
471          (16) Subsection 26-18-418(2), the language that states "and the Behavioral Health
472     Crisis Response Commission created in Section 63C-18-202" is repealed July 1, 2023.
473          (17) Section 26-33a-117 is repealed on December 31, 2023.
474          (18) Title 26, Chapter 33a, Utah Health Data Authority Act, is repealed July 1, 2024.
475          (19) Title 26, Chapter 36b, Inpatient Hospital Assessment Act, is repealed July 1,
476     2024.
477          (20) Title 26, Chapter 36c, Medicaid Expansion Hospital Assessment Act, is repealed
478     July 1, 2024.
479          (21) Title 26, Chapter 36d, Hospital Provider Assessment Act, is repealed July 1, 2024.
480          (22) Section 26-39-201, which creates the Residential Child Care Licensing Advisory
481     Committee, is repealed July 1, 2024.
482          (23) Section 26-40-104, which creates the Utah Children's Health Insurance Program
483     Advisory Council, is repealed July 1, 2025.
484          (24) Section 26-50-202, which creates the Traumatic Brain Injury Advisory
485     Committee, is repealed July 1, 2025.
486          (25) Title 26, Chapter 54, Spinal Cord and Brain Injury Rehabilitation Fund and
487     Pediatric Neuro-Rehabilitation Fund, is repealed January 1, 2025.
488          (26) Title 26, Chapter 63, Nurse Home Visiting Pay-for-Success Program, is repealed
489     July 1, 2026.
490          (27) Title 26, Chapter 66, Early Childhood Utah Advisory Council, is repealed July 1,
491     2026.
492          (28) Title 26, Chapter 68, COVID-19 Vaccine Restrictions Act, is repealed July 1,
493     2024.
494          (29) Section 26-69-406 is repealed July 1, 2025.
495          Section 15. Section 63I-1-253 is amended to read:
496          63I-1-253. Repeal dates, Titles 53 through 53G.
497          (1) Section 53-2a-105, which creates the Emergency Management Administration
498     Council, is repealed July 1, 2022.
499          (2) Sections 53-2a-1103 and 53-2a-1104, which create the Search and Rescue Advisory
500     Board, are repealed July 1, 2022.
501          (3) Section 53-5-703, which creates the Concealed Firearm Review Board, is repealed
502     July 1, 2023.
503          (4) Subsection 53-6-203(1)(b)(ii), regarding being 19 years old at certification, is
504     repealed July 1, 2027.
505          (5) Subsection 53-13-104(6)(a), regarding being 19 years old at certification, is
506     repealed July 1, 2027.
507          (6) Section 53B-6-105.5, which creates the Technology Initiative Advisory Board, is
508     repealed July 1, 2024.
509          (7) Title 53B, Chapter 17, Part 11, USTAR Researchers, is repealed July 1, 2028.
510          (8) Section 53B-17-1203, which creates the SafeUT and School Safety Commission, is
511     repealed January 1, 2025.
512          (9) Title 53B, Chapter 18, Part 16, USTAR Researchers, is repealed July 1, 2028.
513          [(10) Title 53B, Chapter 24, Part 4, Rural Residency Training Program, is repealed July
514     1, 2025.]
515          [(11)] (10) Subsection 53C-3-203(4)(b)(vii), which provides for the distribution of
516     money from the Land Exchange Distribution Account to the Geological Survey for test wells
517     and other hydrologic studies in the West Desert, is repealed July 1, 2030.
518          [(12)] (11) Section 53E-3-515 is repealed January 1, 2023.
519          [(13)] (12) In relation to a standards review committee, on January 1, 2023:
520          (a) in Subsection 53E-4-202(8), the language "by a standards review committee and the
521     recommendations of a standards review committee established under Section 53E-4-203" is
522     repealed; and
523          (b) Section 53E-4-203 is repealed.
524          [(14)] (13) Subsections 53E-3-503(5) and (6), which create coordinating councils for
525     youth in custody, are repealed July 1, 2027.
526          [(15)] (14) Section 53E-4-402, which creates the State Instructional Materials
527     Commission, is repealed July 1, 2022.
528          [(16)] (15) Title 53E, Chapter 6, Part 5, Utah Professional Practices Advisory
529     Commission, is repealed July 1, 2023.
530          [(17) Subsection 53E-8-204(4), which creates the advisory council for the Utah
531     Schools for the Deaf and the Blind, is repealed July 1, 2021.]
532          [(18)] (16) Section 53F-2-420, which creates the Intensive Services Special Education
533     Pilot Program, is repealed July 1, 2024.
534          [(19)] (17) Section 53F-5-203 is repealed July 1, 2024.
535          [(20)] (18) Section 53F-5-212 is repealed July 1, 2024.
536          [(21)] (19) Section 53F-5-213 is repealed July 1, 2023.
537          [(22)] (20) Section 53F-5-214, in relation to a grant for professional learning, is
538     repealed July 1, 2025.
539          [(23)] (21) Section 53F-5-215, in relation to an elementary teacher preparation grant, is
540     repealed July 1, 2025.
541          [(24)] (22) Subsection 53F-9-203(7), which creates the Charter School Revolving
542     Account Committee, is repealed July 1, 2024.
543          [(25)] (23) Section 53F-9-501 is repealed January 1, 2023.
544          [(26)] (24) Subsections 53G-4-608(2)(b) and (4)(b), related to the Utah Seismic Safety
545     Commission, are repealed January 1, 2025.
546          [(27)] (25) Subsection 53G-8-211(5), regarding referrals of a minor to court for a class
547     C misdemeanor, is repealed July 1, 2022.
548          Section 16. Section 63J-1-602.2 is amended to read:
549          63J-1-602.2. List of nonlapsing appropriations to programs.
550          Appropriations made to the following programs are nonlapsing:
551          (1) The Legislature and the Legislature's committees.
552          (2) The State Board of Education, including all appropriations to agencies, line items,
553     and programs under the jurisdiction of the State Board of Education, in accordance with
554     Section 53F-9-103.
555          (3) The Percent-for-Art Program created in Section 9-6-404.
556          (4) The LeRay McAllister Critical Land Conservation Program created in Section
557     11-38-301.
558          (5) Dedicated credits accrued to the Utah Marriage Commission as provided under
559     Subsection 17-16-21(2)(d)(ii).
560          (6) The Trip Reduction Program created in Section 19-2a-104.
561          (7) The Division of Wildlife Resources for the appraisal and purchase of lands under
562     the Pelican Management Act, as provided in Section 23-21a-6.
563          (8) The emergency medical services grant program in Section 26-8a-207.
564          (9) The primary care grant program created in Section 26-10b-102.
565          (10) Sanctions collected as dedicated credits from Medicaid provider under Subsection
566     26-18-3(7).
567          (11) The Utah Health Care Workforce Financial Assistance Program created in Section
568     26-46-102.
569          (12) The Rural Physician Loan Repayment Program created in Section 26-46a-103.
570          (13) The Opiate Overdose Outreach Pilot Program created in Section 26-55-107.
571          (14) The Medical Education Program created in Section 26-69-403.
572          [(14)] (15) Funds that the Department of Alcoholic Beverage Control retains in
573     accordance with Subsection 32B-2-301 (9)(a) or (b).
574          [(15)] (16) The General Assistance program administered by the Department of
575     Workforce Services, as provided in Section 35A-3-401.
576          [(16)] (17) The Utah National Guard, created in Title 39, Militia and Armories.
577          [(17)] (18) The State Tax Commission under Section 41-1a-1201 for the:
578          (a) purchase and distribution of license plates and decals; and
579          (b) administration and enforcement of motor vehicle registration requirements.
580          [(18)] (19) The Search and Rescue Financial Assistance Program, as provided in
581     Section 53-2a-1102.
582          [(19)] (20) The Motorcycle Rider Education Program, as provided in Section 53-3-905.
583          [(20)] (21) The Utah Board of Higher Education for teacher preparation programs, as
584     provided in Section 53B-6-104.
585          [(21) The Medical Education Program administered by the Medical Education Council,
586     as provided in Section 53B-24-202.]
587          (22) The Division of Services for People with Disabilities, as provided in Section
588     62A-5-102.
589          (23) The Division of Fleet Operations for the purpose of upgrading underground
590     storage tanks under Section 63A-9-401.
591          (24) The Utah Seismic Safety Commission, as provided in Section 63C-6-104.
592          (25) Appropriations to the Division of Technology Services for technology innovation
593     as provided under Section 63A-16-903.
594          (26) The Office of Administrative Rules for publishing, as provided in Section
595     63G-3-402.
596          (27) The Colorado River Authority of Utah, created in Title 63M, Chapter 14,
597     Colorado River Authority of Utah Act.
598          (28) The Governor's Office of Economic Opportunity to fund the Enterprise Zone Act,
599     as provided in Title 63N, Chapter 2, Part 2, Enterprise Zone Act.
600          (29) Appropriations to fund the Governor's Office of Economic Opportunity's Rural
601     Employment Expansion Program, as described in Title 63N, Chapter 4, Part 4, Rural
602     Employment Expansion Program.
603          (30) Appropriations to fund programs for the Jordan River Recreation Area as
604     described in Section 65A-2-8.
605          (31) The Division of Human Resource Management user training program, as provided
606     in Section 63A-17-106.
607          (32) A public safety answering point's emergency telecommunications service fund, as
608     provided in Section 69-2-301.
609          (33) The Traffic Noise Abatement Program created in Section 72-6-112.
610          (34) The money appropriated from the Navajo Water Rights Negotiation Account to
611     the Division of Water Rights, created in Section 73-2-1.1, for purposes of participating in a
612     settlement of federal reserved water right claims.
613          (35) The Judicial Council for compensation for special prosecutors, as provided in
614     Section 77-10a-19.
615          (36) A state rehabilitative employment program, as provided in Section 78A-6-210.
616          (37) The Utah Geological Survey, as provided in Section 79-3-401.
617          (38) The Bonneville Shoreline Trail Program created under Section 79-5-503.
618          (39) Adoption document access as provided in Sections 78B-6-141, 78B-6-144, and
619     78B-6-144.5.
620          (40) Indigent defense as provided in Title 78B, Chapter 22, Part 4, Utah Indigent
621     Defense Commission.
622          (41) The program established by the Division of Facilities Construction and
623     Management under Section 63A-5b-703 under which state agencies receive an appropriation
624     and pay lease payments for the use and occupancy of buildings owned by the Division of
625     Facilities Construction and Management.
626          Section 17. Section 63J-7-102 is amended to read:
627          63J-7-102. Scope and applicability of chapter.
628          (1) Except as provided in Subsection (2), and except as otherwise provided by a statute
629     superseding provisions of this chapter by explicit reference to this chapter, the provisions of
630     this chapter apply to each agency and govern each grant received on or after May 5, 2008.
631          (2) This chapter does not govern:
632          (a) a grant deposited into a General Fund restricted account;
633          (b) a grant deposited into a Trust and Agency Fund as defined in Section 51-5-4;
634          (c) a grant deposited into an Enterprise Fund as defined in Section 51-5-4;
635          (d) a grant made to the state without a restriction or other designated purpose that is
636     deposited into the General Fund as free revenue;
637          (e) a grant made to the state that is restricted only to "education" and that is deposited
638     into the Education Fund or Uniform School Fund as free revenue;
639          (f) in-kind donations;
640          (g) a tax, fees, penalty, fine, surcharge, money judgment, or other money due the state
641     when required by state law or application of state law;
642          (h) a contribution made under Title 59, Chapter 10, Part 13, Individual Income Tax
643     Contribution Act;
644          (i) a grant received by an agency from another agency or political subdivision;
645          (j) a grant to the Utah Dairy Commission created in Section 4-22-103;
646          (k) a grant to the Heber Valley Historic Railroad Authority created in Section
647     63H-4-102;
648          (l) a grant to the Utah State Railroad Museum Authority created in Section 63H-5-102;
649          (m) a grant to the Utah Housing Corporation created in Section 63H-8-201;
650          (n) a grant to the Utah State Fair Corporation created in Section 63H-6-103;
651          (o) a grant to the Utah State Retirement Office created in Section 49-11-201;
652          (p) a grant to the School and Institutional Trust Lands Administration created in
653     Section 53C-1-201;
654          (q) a grant to the Utah Communications Authority created in Section 63H-7a-201;
655          (r) a grant to the Medical Education Program created in Section [53B-24-202]
656     26-69-403;
657          (s) a grant to the Utah Capital Investment Corporation created in Section 63N-6-301;
658          (t) a grant to the Utah Charter School Finance Authority created in Section 53G-5-602;
659          (u) a grant to the State Building Ownership Authority created in Section 63B-1-304; or
660          (v) a grant to the Military Installation Development Authority created in Section
661     63H-1-201.
662          (3) An agency need not seek legislative review or approval of grants under Part 2,
663     Grant Approval Requirements, if:
664          (a) the governor has declared a state of emergency; and
665          (b) the grant is donated to the agency to assist victims of the state of emergency under
666     Subsection 53-2a-204(1).
667          Section 18. Repealer.
668          This bill repeals:
669          Section 53B-24-101, Title.
670          Section 53B-24-201, Title.
671          Section 53B-24-301, Title.
672          Section 53B-24-401, Title.
673          Section 19. Effective date.
674          This bill takes effect on July 1, 2022.