1     
PHYSICIAN WORKFORCE AMENDMENTS

2     
2022 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: A. Cory Maloy

5     
Senate Sponsor: Evan J. Vickers

6     Cosponsor:
7     Steve Eliason


8     

9     LONG TITLE
10     General Description:
11          This bill creates grant programs related to the physician workforce.
12     Highlighted Provisions:
13          This bill:
14          ▸     defines terms;
15          ▸     creates a grant program to create new medical residency programs or expand current
16     residency programs;
17          ▸     creates a grant program to establish a new forensic psychiatrist fellowship program;
18          ▸     creates a reporting requirement; and
19          ▸     makes technical changes.
20     Money Appropriated in this Bill:
21          This bill appropriates in fiscal year 2023:
22          ▸     To the Utah Board of Higher Education -- Medical Education Council, as a
23     one-time appropriation:
24               •     from the Education Fund, $3,000,000;
25          ▸     To the Utah Board of Higher Education -- Medical Education Council, as an
26     ongoing appropriation:
27               •     from the Education Fund, $1,500,000; and

28          ▸     To the Utah Board of Higher Education -- Medical Education Council, as an
29     ongoing appropriation:
30               •     from the Education Fund, $550,000.
31     Other Special Clauses:
32          This bill provides a coordination clause.
33     Utah Code Sections Affected:
34     AMENDS:
35          63J-1-602.2, as last amended by Laws of Utah 2021, Chapters 179, 344, 412, 421, and
36     424
37     ENACTS:
38          53B-24-501, Utah Code Annotated 1953
39          53B-24-502, Utah Code Annotated 1953
40     Utah Code Sections Affected by Coordination Clause:
41          63J-1-602.2, as last amended by Laws of Utah 2021, Chapters 179, 344, 412, 421, and
42     424
43     

44     Be it enacted by the Legislature of the state of Utah:
45          Section 1. Section 53B-24-501 is enacted to read:
46     
Part 5. Medical Education Grant Programs

47          53B-24-501. Residency grant program.
48          (1) As used in this section:
49          (a) "D.O. program" means an osteopathic medical program that prepares a graduate to
50     obtain licensure as a doctor of osteopathic medicine upon completing a state's licensing
51     requirements.
52          (b) "M.D. program" means a medical education program that prepares a graduate to
53     obtain licensure as a doctor of medicine upon completing a state's licensing requirements.
54          (c) "Residency program" means a program that provides training for graduates of a

55     D.O. program or an M.D. program.
56          (2) The council shall develop a grant program where a sponsoring institution in Utah
57     may apply for a grant to establish a new residency program or expand a current residency
58     program.
59          (3) An applicant for a grant shall:
60          (a) provide the proposed specialty area for each grant funded residency position;
61          (b) identify where the grant funded residency position will provide care;
62          (c) (i) provide proof that the residency program is accredited by the Accreditation
63     Council for Graduate Medical Education; or
64          (ii) identify what actions need to occur for the proposed residency program to become
65     accredited by the Accreditation Council for Graduate Medical Education;
66          (d) identify how a grant funded residency position will be funded once the residency
67     program exhausts the grant money;
68          (e) agree to implement selection processes for a residency position that treat applicants
69     from D.O. programs and applicants from M.D. programs equally;
70          (f) agree to provide information identified by the council that relates to post-residency
71     employment outcomes for individuals who work in grant funded residency positions; and
72          (g) provide any other information related to the grant application the council deems
73     necessary.
74          (4) The council shall prioritize awarding grants to new or existing residency programs
75     that will:
76          (a) address a workforce shortage, occurring in Utah, for a specialty; or
77          (b) serve an underserved population, including a rural population.
78          (5) Before November 1, 2023, and each November 1 thereafter, the council shall
79     provide a written report to the Higher Education Appropriations Subcommittee describing:
80          (a) which sponsoring institutions received a grant;
81          (b) the number of residency positions created; and

82          (c) for each residency position created:
83          (i) the type of specialty;
84          (ii) where the residency position provides care; and
85          (iii) an estimated date of when a grant funded residency position will no longer need
86     grant funding.
87          Section 2. Section 53B-24-502 is enacted to read:
88          53B-24-502. Forensic psychiatrist fellowship grant.
89          (1) As used in this section, "forensic psychiatry" means the provision of services by an
90     individual who:
91          (a) is a licensed physician;
92          (b) is board certified for a psychiatry specialization recognized by the American Board
93     of Medical Specialists or the American Osteopathic Association's Bureau of Osteopathic
94     Specialists; and
95          (c) uses scientific and clinical expertise in legal contexts involving the mental health of
96     individuals.
97          (2) The council shall establish a grant program that will facilitate the creation of a
98     single forensic psychiatrist fellowship program.
99          (3) An applicant for the grant shall:
100          (a) demonstrate how the applicant is best suited for developing a forensic psychiatry
101     fellowship program, including:
102          (i) a description of resources that would be available to the program; and
103          (ii) any resources or staff that need to be acquired for the program;
104          (b) identify what needs to occur for the proposed residency program to become
105     accredited by the Accreditation Council for Graduate Medical Education;
106          (c) provide an estimate of how many individuals would be trained in the program at
107     any one time;
108          (d) provide any information related to the grant application the council deems

109     necessary for awarding the grant; and
110          (e) if awarded the grant, agree to:
111          (i) enter into a contract with the Department of Corrections that the applicant will
112     provide for the provision of forensic psychiatry services to an individual:
113          (A) who needs psychiatric services; and
114          (B) is under the Department of Corrections' jurisdiction;
115          (ii) ensure that any individual hired to provide forensic psychiatry services will comply
116     with all relevant:
117          (A) national licensing requirements; and
118          (B) state licensing requirements under Title 58, Division of Occupational and
119     Professional Licensing.
120          Section 3. Section 63J-1-602.2 is amended to read:
121          63J-1-602.2. List of nonlapsing appropriations to programs.
122          Appropriations made to the following programs are nonlapsing:
123          (1) The Legislature and the Legislature's committees.
124          (2) The State Board of Education, including all appropriations to agencies, line items,
125     and programs under the jurisdiction of the State Board of Education, in accordance with
126     Section 53F-9-103.
127          (3) The Percent-for-Art Program created in Section 9-6-404.
128          (4) The LeRay McAllister Critical Land Conservation Program created in Section
129     11-38-301.
130          (5) Dedicated credits accrued to the Utah Marriage Commission as provided under
131     Subsection 17-16-21(2)(d)(ii).
132          (6) The Trip Reduction Program created in Section 19-2a-104.
133          (7) The Division of Wildlife Resources for the appraisal and purchase of lands under
134     the Pelican Management Act, as provided in Section 23-21a-6.
135          (8) The emergency medical services grant program in Section 26-8a-207.

136          (9) The primary care grant program created in Section 26-10b-102.
137          (10) Sanctions collected as dedicated credits from Medicaid provider under Subsection
138     26-18-3(7).
139          (11) The Utah Health Care Workforce Financial Assistance Program created in Section
140     26-46-102.
141          (12) The Rural Physician Loan Repayment Program created in Section 26-46a-103.
142          (13) The Opiate Overdose Outreach Pilot Program created in Section 26-55-107.
143          (14) Funds that the Department of Alcoholic Beverage Control retains in accordance
144     with Subsection 32B-2-301 (9)(a) or (b).
145          (15) The General Assistance program administered by the Department of Workforce
146     Services, as provided in Section 35A-3-401.
147          (16) The Utah National Guard, created in Title 39, Militia and Armories.
148          (17) The State Tax Commission under Section 41-1a-1201 for the:
149          (a) purchase and distribution of license plates and decals; and
150          (b) administration and enforcement of motor vehicle registration requirements.
151          (18) The Search and Rescue Financial Assistance Program, as provided in Section
152     53-2a-1102.
153          (19) The Motorcycle Rider Education Program, as provided in Section 53-3-905.
154          (20) The Utah Board of Higher Education for teacher preparation programs, as
155     provided in Section 53B-6-104.
156          [(21) The Medical Education Program administered by the Medical Education Council,
157     as provided in Section 53B-24-202.]
158          (21) The Medical Education Council for the:
159          (a) administration of the Medical Education Program created in Section 53B-24-202;
160          (b) provision of medical residency grants described in Section 53B-24-501; and
161          (c) provision of the forensic psychiatric fellowship grant described in Section
162     53B-24-502.

163          (22) The Division of Services for People with Disabilities, as provided in Section
164     62A-5-102.
165          (23) The Division of Fleet Operations for the purpose of upgrading underground
166     storage tanks under Section 63A-9-401.
167          (24) The Utah Seismic Safety Commission, as provided in Section 63C-6-104.
168          (25) Appropriations to the Division of Technology Services for technology innovation
169     as provided under Section 63A-16-903.
170          (26) The Office of Administrative Rules for publishing, as provided in Section
171     63G-3-402.
172          (27) The Colorado River Authority of Utah, created in Title 63M, Chapter 14,
173     Colorado River Authority of Utah Act.
174          (28) The Governor's Office of Economic Opportunity to fund the Enterprise Zone Act,
175     as provided in Title 63N, Chapter 2, Part 2, Enterprise Zone Act.
176          (29) Appropriations to fund the Governor's Office of Economic Opportunity's Rural
177     Employment Expansion Program, as described in Title 63N, Chapter 4, Part 4, Rural
178     Employment Expansion Program.
179          (30) Appropriations to fund programs for the Jordan River Recreation Area as
180     described in Section 65A-2-8.
181          (31) The Division of Human Resource Management user training program, as provided
182     in Section 63A-17-106.
183          (32) A public safety answering point's emergency telecommunications service fund, as
184     provided in Section 69-2-301.
185          (33) The Traffic Noise Abatement Program created in Section 72-6-112.
186          (34) The money appropriated from the Navajo Water Rights Negotiation Account to
187     the Division of Water Rights, created in Section 73-2-1.1, for purposes of participating in a
188     settlement of federal reserved water right claims.
189          (35) The Judicial Council for compensation for special prosecutors, as provided in

190     Section 77-10a-19.
191          (36) A state rehabilitative employment program, as provided in Section 78A-6-210.
192          (37) The Utah Geological Survey, as provided in Section 79-3-401.
193          (38) The Bonneville Shoreline Trail Program created under Section 79-5-503.
194          (39) Adoption document access as provided in Sections 78B-6-141, 78B-6-144, and
195     78B-6-144.5.
196          (40) Indigent defense as provided in Title 78B, Chapter 22, Part 4, Utah Indigent
197     Defense Commission.
198          (41) The program established by the Division of Facilities Construction and
199     Management under Section 63A-5b-703 under which state agencies receive an appropriation
200     and pay lease payments for the use and occupancy of buildings owned by the Division of
201     Facilities Construction and Management.
202          Section 4. Appropriation.
203          The following sums of money are appropriated for the fiscal year beginning July 1,
204     2022, and ending June 30, 2023. These are additions to amounts previously appropriated for
205     fiscal year 2023. Under the terms and conditions of Title 63J, Chapter 1, Budgetary Procedures
206     Act, the Legislature appropriates the following sums of money from the funds or accounts
207     indicated for the use and support of the government of the state of Utah.
208     ITEM 1
209          To Utah Board of Higher Education -- Medical Education Council
210               From Education Fund, One-time
$3,000,000

211               From Education Fund
$1,500,000

212               Schedule of Programs:
213                    Medical Residency Grant Program          $4,500,000
214          The Legislature intends that the Medical Education Council expend appropriations
215     provided under this item for providing grants for new residency positions under Section
216     53B-24-501.

217     ITEM 2
218          To Utah Board of Higher Education -- Medical Education Council
219               From Education Fund
$550,000

220               Schedule of Programs:
221                    Forensic Psychiatry Grant Program          $550,000
222          The Legislature intends that the Medical Education Council expend appropriations
223     provided under this item to award the grant for a forensic psychiatrist fellowship program
224     under Section 53B-24-502.
225          Section 5. Coordinating H.B. 295 with H.B. 176 -- Technical amendments.
226          If this H.B. 295 and H.B. 176, Utah Health Workforce Act, both pass and become law,
227     it is the intent of the Legislature that on July 1, 2022, the Office of Legislative Research and
228     General Counsel, in preparing the Utah Code database for publication:
229          (1) renumber Section 53B-24-501 enacted in H.B. 295 to Section 26-69-407;
230          (2) renumber Section 53B-24-502 enacted in H.B. 295 to Section 26-69-408;
231          (3) replace each use of the words "the council" in Section 53B-24-501 and 53B-24-502
232     enacted in H.B. 295 with "UMEC"; and
233          (4) modify Section 63J-1-602.2 to read:
234          "63J-1-602.2. List of nonlapsing appropriations to programs.
235          Appropriations made to the following programs are nonlapsing:
236          (1) The Legislature and the Legislature's committees.
237          (2) The State Board of Education, including all appropriations to agencies, line items,
238     and programs under the jurisdiction of the State Board of Education, in accordance with
239     Section 53F-9-103.
240          (3) The Percent-for-Art Program created in Section 9-6-404.
241          (4) The LeRay McAllister Critical Land Conservation Program created in Section
242     11-38-301.
243          (5) Dedicated credits accrued to the Utah Marriage Commission as provided under

244     Subsection 17-16-21(2)(d)(ii).
245          (6) The Trip Reduction Program created in Section 19-2a-104.
246          (7) The Division of Wildlife Resources for the appraisal and purchase of lands under
247     the Pelican Management Act, as provided in Section 23-21a-6.
248          (8) The emergency medical services grant program in Section 26-8a-207.
249          (9) The primary care grant program created in Section 26-10b-102.
250          (10) Sanctions collected as dedicated credits from Medicaid provider under Subsection
251     26-18-3(7).
252          (11) The Utah Health Care Workforce Financial Assistance Program created in Section
253     26-46-102.
254          (12) The Rural Physician Loan Repayment Program created in Section 26-46a-103.
255          (13) The Opiate Overdose Outreach Pilot Program created in Section 26-55-107.
256          (14) The Utah Medical Education Council for the:
257          (a) administration of the Utah Medical Education Program created in Section
258     26-69-403;
259          (b) provision of medical residency grants described in Section 26-69-407; and
260          (c) provision of the forensic psychiatric fellowship grant described in Section
261     26-69-408.
262          [(14)] (15) Funds that the Department of Alcoholic Beverage Control retains in
263     accordance with Subsection 32B-2-301 (9)(a) or (b).
264          [(15)] (16) The General Assistance program administered by the Department of
265     Workforce Services, as provided in Section 35A-3-401.
266          [(16)] (17) The Utah National Guard, created in Title 39, Militia and Armories.
267          [(17)] (18) The State Tax Commission under Section 41-1a-1201 for the:
268          (a) purchase and distribution of license plates and decals; and
269          (b) administration and enforcement of motor vehicle registration requirements.
270          [(18)] (19) The Search and Rescue Financial Assistance Program, as provided in

271     Section 53-2a-1102.
272          [(19)] (20) The Motorcycle Rider Education Program, as provided in Section 53-3-905.
273          [(20)] (21) The Utah Board of Higher Education for teacher preparation programs, as
274     provided in Section 53B-6-104.
275          [(21) The Medical Education Program administered by the Medical Education Council,
276     as provided in Section 53B-24-202.]
277          (22) The Division of Services for People with Disabilities, as provided in Section
278     62A-5-102.
279          (23) The Division of Fleet Operations for the purpose of upgrading underground
280     storage tanks under Section 63A-9-401.
281          (24) The Utah Seismic Safety Commission, as provided in Section 63C-6-104.
282          (25) Appropriations to the Division of Technology Services for technology innovation
283     as provided under Section 63A-16-903.
284          (26) The Office of Administrative Rules for publishing, as provided in Section
285     63G-3-402.
286          (27) The Colorado River Authority of Utah, created in Title 63M, Chapter 14,
287     Colorado River Authority of Utah Act.
288          (28) The Governor's Office of Economic Opportunity to fund the Enterprise Zone Act,
289     as provided in Title 63N, Chapter 2, Part 2, Enterprise Zone Act.
290          (29) Appropriations to fund the Governor's Office of Economic Opportunity's Rural
291     Employment Expansion Program, as described in Title 63N, Chapter 4, Part 4, Rural
292     Employment Expansion Program.
293          (30) Appropriations to fund programs for the Jordan River Recreation Area as
294     described in Section 65A-2-8.
295          (31) The Division of Human Resource Management user training program, as provided
296     in Section 63A-17-106.
297          (32) A public safety answering point's emergency telecommunications service fund, as

298     provided in Section 69-2-301.
299          (33) The Traffic Noise Abatement Program created in Section 72-6-112.
300          (34) The money appropriated from the Navajo Water Rights Negotiation Account to
301     the Division of Water Rights, created in Section 73-2-1.1, for purposes of participating in a
302     settlement of federal reserved water right claims.
303          (35) The Judicial Council for compensation for special prosecutors, as provided in
304     Section 77-10a-19.
305          (36) A state rehabilitative employment program, as provided in Section 78A-6-210.
306          (37) The Utah Geological Survey, as provided in Section 79-3-401.
307          (38) The Bonneville Shoreline Trail Program created under Section 79-5-503.
308          (39) Adoption document access as provided in Sections 78B-6-141, 78B-6-144, and
309     78B-6-144.5.
310          (40) Indigent defense as provided in Title 78B, Chapter 22, Part 4, Utah Indigent
311     Defense Commission.
312          (41) The program established by the Division of Facilities Construction and
313     Management under Section 63A-5b-703 under which state agencies receive an appropriation
314     and pay lease payments for the use and occupancy of buildings owned by the Division of
315     Facilities Construction and Management."