Representative A. Cory Maloy proposes the following substitute bill:


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     

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

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

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

45          53B-24-501. Residency grant program.
46          (1) As used in this section:
47          (a) "D.O. program" means an osteopathic medical program that prepares a graduate to
48     obtain licensure as a doctor of osteopathic medicine upon completing a state's licensing
49     requirements.
50          (b) "M.D. program" means a medical education program that prepares a graduate to
51     obtain licensure as a doctor of medicine upon completing a state's licensing requirements.
52          (c) "Residency program" means a program that provides training for graduates of a
53     D.O. program or an M.D. program.
54          (2) The council shall develop a grant program where a sponsoring institution in Utah
55     may apply for a grant to establish a new residency program or expand a current residency
56     program.

57          (3) An applicant for a grant shall:
58          (a) provide the proposed specialty area for each grant funded residency position;
59          (b) identify where the grant funded residency position will provide care;
60          (c) (i) provide proof that the residency program is accredited by the Accreditation
61     Council for Graduate Medical Education; or
62          (ii) identify what actions need to occur for the proposed residency program to become
63     accredited by the Accreditation Council for Graduate Medical Education;
64          (d) identify how a grant funded residency position will be funded once the residency
65     program exhausts the grant money;
66          (e) agree to implement selection processes for a residency position that treat applicants
67     from D.O. programs and applicants from M.D. programs equally;
68          (f) agree to provide information identified by the council that relates to post-residency
69     employment outcomes for individuals who work in grant funded residency positions; and
70          (g) provide any other information related to the grant application the council deems
71     necessary.
72          (4) The council shall prioritize awarding grants to new or existing residency programs
73     that will:
74          (a) address a workforce shortage, occurring in Utah, for a specialty; or
75          (b) serve an underserved population, including a rural population.
76          (5) Before November 1, 2023, and each November 1 thereafter, the council shall
77     provide a written report to the Higher Education Appropriations Subcommittee describing:
78          (a) which sponsoring institutions received a grant;
79          (b) the number of residency positions created; and
80          (c) for each residency position created:
81          (i) the type of specialty;
82          (ii) where the residency position provides care; and
83          (iii) an estimated date of when a grant funded residency position will no longer need
84     grant funding.
85          Section 2. Section 53B-24-502 is enacted to read:
86          53B-24-502. Forensic Psychiatrist Fellowship Grant Program.
87          (1) As used in this section, "forensic psychiatry" means the provision of services by an

88     individual who:
89          (a) is a licensed physician;
90          (b) is board certified for a psychiatry specialization recognized by the American Board
91     of Medical Specialists or the American Osteopathic Association's Bureau of Osteopathic
92     Specialists; and
93          (c) uses scientific and clinical expertise in legal contexts involving the mental health of
94     individuals.
95          (2) The council shall establish a grant program that will facilitate the creation of a
96     single forensic psychiatrist fellowship program.
97          (3) An applicant for the grant shall:
98          (a) demonstrate how the applicant is best suited for developing a forensic psychiatry
99     fellowship program, including:
100          (i) a description of resources that would be available to the program; and
101          (ii) any resources or staff that need to be acquired for the program;
102          (b) identify what needs to occur for the proposed residency program to become
103     accredited by the Accreditation Council for Graduate Medical Education;
104          (c) provide an estimate of how many individuals would be trained in the program at
105     any one time;
106          (d) provide any information related to the grant application the council deems
107     necessary for awarding the grant; and
108          (e) if awarded the grant, agree to:
109          (i) enter into a contract with the Department of Corrections that the applicant will
110     provide for the provision of forensic psychiatry services to an individual:
111          (A) who needs psychiatric services; and
112          (B) is under the Department of Corrections' jurisdiction;
113          (ii) ensure that any individual hired to provide forensic psychiatry services will comply
114     with all relevant:
115          (A) national licensing requirements; and
116          (B) state licensing requirements under Title 58, Division of Occupational and
117     Professional Licensing.
118          Section 3. Section 63J-1-602.2 is amended to read:

119          63J-1-602.2. List of nonlapsing appropriations to programs.
120          Appropriations made to the following programs are nonlapsing:
121          (1) The Legislature and the Legislature's committees.
122          (2) The State Board of Education, including all appropriations to agencies, line items,
123     and programs under the jurisdiction of the State Board of Education, in accordance with
124     Section 53F-9-103.
125          (3) The Percent-for-Art Program created in Section 9-6-404.
126          (4) The LeRay McAllister Critical Land Conservation Program created in Section
127     11-38-301.
128          (5) Dedicated credits accrued to the Utah Marriage Commission as provided under
129     Subsection 17-16-21(2)(d)(ii).
130          (6) The Trip Reduction Program created in Section 19-2a-104.
131          (7) The Division of Wildlife Resources for the appraisal and purchase of lands under
132     the Pelican Management Act, as provided in Section 23-21a-6.
133          (8) The emergency medical services grant program in Section 26-8a-207.
134          (9) The primary care grant program created in Section 26-10b-102.
135          (10) Sanctions collected as dedicated credits from Medicaid provider under Subsection
136     26-18-3(7).
137          (11) The Utah Health Care Workforce Financial Assistance Program created in Section
138     26-46-102.
139          (12) The Rural Physician Loan Repayment Program created in Section 26-46a-103.
140          (13) The Opiate Overdose Outreach Pilot Program created in Section 26-55-107.
141          (14) Funds that the Department of Alcoholic Beverage Control retains in accordance
142     with Subsection 32B-2-301 (9)(a) or (b).
143          (15) The General Assistance program administered by the Department of Workforce
144     Services, as provided in Section 35A-3-401.
145          (16) The Utah National Guard, created in Title 39, Militia and Armories.
146          (17) The State Tax Commission under Section 41-1a-1201 for the:
147          (a) purchase and distribution of license plates and decals; and
148          (b) administration and enforcement of motor vehicle registration requirements.
149          (18) The Search and Rescue Financial Assistance Program, as provided in Section

150     53-2a-1102.
151          (19) The Motorcycle Rider Education Program, as provided in Section 53-3-905.
152          (20) The Utah Board of Higher Education for teacher preparation programs, as
153     provided in Section 53B-6-104.
154          [(21) The Medical Education Program administered by the Medical Education Council,
155     as provided in Section 53B-24-202.]
156          (21) The Medical Education Council for the:
157          (a) administration of the Medical Education Program created in Section 53B-24-202;
158          (b) provision of medical residency grants described in Section 53B-24-501; and
159          (c) provision of the forensic psychiatric fellowship grant described in Section
160     53B-24-502.
161          (22) The Division of Services for People with Disabilities, as provided in Section
162     62A-5-102.
163          (23) The Division of Fleet Operations for the purpose of upgrading underground
164     storage tanks under Section 63A-9-401.
165          (24) The Utah Seismic Safety Commission, as provided in Section 63C-6-104.
166          (25) Appropriations to the Division of Technology Services for technology innovation
167     as provided under Section 63A-16-903.
168          (26) The Office of Administrative Rules for publishing, as provided in Section
169     63G-3-402.
170          (27) The Colorado River Authority of Utah, created in Title 63M, Chapter 14,
171     Colorado River Authority of Utah Act.
172          (28) The Governor's Office of Economic Opportunity to fund the Enterprise Zone Act,
173     as provided in Title 63N, Chapter 2, Part 2, Enterprise Zone Act.
174          (29) Appropriations to fund the Governor's Office of Economic Opportunity's Rural
175     Employment Expansion Program, as described in Title 63N, Chapter 4, Part 4, Rural
176     Employment Expansion Program.
177          (30) Appropriations to fund programs for the Jordan River Recreation Area as
178     described in Section 65A-2-8.
179          (31) The Division of Human Resource Management user training program, as provided
180     in Section 63A-17-106.

181          (32) A public safety answering point's emergency telecommunications service fund, as
182     provided in Section 69-2-301.
183          (33) The Traffic Noise Abatement Program created in Section 72-6-112.
184          (34) The money appropriated from the Navajo Water Rights Negotiation Account to
185     the Division of Water Rights, created in Section 73-2-1.1, for purposes of participating in a
186     settlement of federal reserved water right claims.
187          (35) The Judicial Council for compensation for special prosecutors, as provided in
188     Section 77-10a-19.
189          (36) A state rehabilitative employment program, as provided in Section 78A-6-210.
190          (37) The Utah Geological Survey, as provided in Section 79-3-401.
191          (38) The Bonneville Shoreline Trail Program created under Section 79-5-503.
192          (39) Adoption document access as provided in Sections 78B-6-141, 78B-6-144, and
193     78B-6-144.5.
194          (40) Indigent defense as provided in Title 78B, Chapter 22, Part 4, Utah Indigent
195     Defense Commission.
196          (41) The program established by the Division of Facilities Construction and
197     Management under Section 63A-5b-703 under which state agencies receive an appropriation
198     and pay lease payments for the use and occupancy of buildings owned by the Division of
199     Facilities Construction and Management.
200          Section 4. Appropriation.
201          The following sums of money are appropriated for the fiscal year beginning July 1,
202     2022, and ending June 30, 2023. These are additions to amounts previously appropriated for
203     fiscal year 2023. Under the terms and conditions of Title 63J, Chapter 1, Budgetary Procedures
204     Act, the Legislature appropriates the following sums of money from the funds or accounts
205     indicated for the use and support of the government of the state of Utah.
206     ITEM 1
207          To Utah Board of Higher Education -- Medical Education Council
208               From Education Fund, One-time
$3,000,000

209               From Education Fund
$1,500,000

210               Schedule of Programs:
211                    Medical Residency Grant Program          $4,500,000

212          The Legislature intends that the Medical Education Council expend appropriations
213     provided under this item for providing grants for new residency positions under Section
214     53B-24-501.
215     ITEM 2
216          To Utah Board of Higher Education -- Medical Education Council
217               From Education Fund
$550,000

218               Schedule of Programs:
219                    Forensic Psychiatry Grant Program          $550,000
220          The Legislature intends that the Medical Education Council expend appropriations
221     provided under this item to award the grant for a forensic psychiatrist fellowship program
222     under Section 53B-24-502.
223          Section 5. Coordinating H.B. 295 with H.B. 176 -- Technical amendments.
224          If this H.B. 295 and H.B. 176, Utah Health Workforce Act, both pass and become law,
225     it is the intent of the Legislature that on July 1, 2022, the Office of Legislative Research and
226     General Counsel, in preparing the Utah Code database for publication:
227          (1) renumber Section 53B-24-501 enacted in H.B. 295 to Section 26-69-407;
228          (2) renumber Section 53B-24-502 enacted in H.B. 295 to Section 26-69-408;
229          (3) replace each use of the words "the council" in Section 53B-24-501 and 53B-24-502
230     enacted in H.B. 295 with "UMEC"; and
231          (4) modify Section 63J-1-602.2 to read:
232          "63J-1-602.2. List of nonlapsing appropriations to programs.
233          Appropriations made to the following programs are nonlapsing:
234          (1) The Legislature and the Legislature's committees.
235          (2) The State Board of Education, including all appropriations to agencies, line items,
236     and programs under the jurisdiction of the State Board of Education, in accordance with
237     Section 53F-9-103.
238          (3) The Percent-for-Art Program created in Section 9-6-404.
239          (4) The LeRay McAllister Critical Land Conservation Program created in Section
240     11-38-301.
241          (5) Dedicated credits accrued to the Utah Marriage Commission as provided under
242     Subsection 17-16-21(2)(d)(ii).

243          (6) The Trip Reduction Program created in Section 19-2a-104.
244          (7) The Division of Wildlife Resources for the appraisal and purchase of lands under
245     the Pelican Management Act, as provided in Section 23-21a-6.
246          (8) The emergency medical services grant program in Section 26-8a-207.
247          (9) The primary care grant program created in Section 26-10b-102.
248          (10) Sanctions collected as dedicated credits from Medicaid provider under Subsection
249     26-18-3(7).
250          (11) The Utah Health Care Workforce Financial Assistance Program created in Section
251     26-46-102.
252          (12) The Rural Physician Loan Repayment Program created in Section 26-46a-103.
253          (13) The Opiate Overdose Outreach Pilot Program created in Section 26-55-107.
254          (14) The Utah Medical Education Council for the:
255          (a) administration of the Utah Medical Education Program created in Section
256     26-69-403;
257          (b) provision of medical residency grants described in Section 26-69-407; and
258          (c) provision of the forensic psychiatric fellowship grant described in Section
259     26-69-408.
260          [(14)] (15) Funds that the Department of Alcoholic Beverage Control retains in
261     accordance with Subsection 32B-2-301 (9)(a) or (b).
262          [(15)] (16) The General Assistance program administered by the Department of
263     Workforce Services, as provided in Section 35A-3-401.
264          [(16)] (17) The Utah National Guard, created in Title 39, Militia and Armories.
265          [(17)] (18) The State Tax Commission under Section 41-1a-1201 for the:
266          (a) purchase and distribution of license plates and decals; and
267          (b) administration and enforcement of motor vehicle registration requirements.
268          [(18)] (19) The Search and Rescue Financial Assistance Program, as provided in
269     Section 53-2a-1102.
270          [(19)] (20) The Motorcycle Rider Education Program, as provided in Section 53-3-905.
271          [(20)] (21) The Utah Board of Higher Education for teacher preparation programs, as
272     provided in Section 53B-6-104.
273          [(21) The Medical Education Program administered by the Medical Education Council,

274     as provided in Section 53B-24-202.]
275          (22) The Division of Services for People with Disabilities, as provided in Section
276     62A-5-102.
277          (23) The Division of Fleet Operations for the purpose of upgrading underground
278     storage tanks under Section 63A-9-401.
279          (24) The Utah Seismic Safety Commission, as provided in Section 63C-6-104.
280          (25) Appropriations to the Division of Technology Services for technology innovation
281     as provided under Section 63A-16-903.
282          (26) The Office of Administrative Rules for publishing, as provided in Section
283     63G-3-402.
284          (27) The Colorado River Authority of Utah, created in Title 63M, Chapter 14,
285     Colorado River Authority of Utah Act.
286          (28) The Governor's Office of Economic Opportunity to fund the Enterprise Zone Act,
287     as provided in Title 63N, Chapter 2, Part 2, Enterprise Zone Act.
288          (29) Appropriations to fund the Governor's Office of Economic Opportunity's Rural
289     Employment Expansion Program, as described in Title 63N, Chapter 4, Part 4, Rural
290     Employment Expansion Program.
291          (30) Appropriations to fund programs for the Jordan River Recreation Area as
292     described in Section 65A-2-8.
293          (31) The Division of Human Resource Management user training program, as provided
294     in Section 63A-17-106.
295          (32) A public safety answering point's emergency telecommunications service fund, as
296     provided in Section 69-2-301.
297          (33) The Traffic Noise Abatement Program created in Section 72-6-112.
298          (34) The money appropriated from the Navajo Water Rights Negotiation Account to
299     the Division of Water Rights, created in Section 73-2-1.1, for purposes of participating in a
300     settlement of federal reserved water right claims.
301          (35) The Judicial Council for compensation for special prosecutors, as provided in
302     Section 77-10a-19.
303          (36) A state rehabilitative employment program, as provided in Section 78A-6-210.
304          (37) The Utah Geological Survey, as provided in Section 79-3-401.

305          (38) The Bonneville Shoreline Trail Program created under Section 79-5-503.
306          (39) Adoption document access as provided in Sections 78B-6-141, 78B-6-144, and
307     78B-6-144.5.
308          (40) Indigent defense as provided in Title 78B, Chapter 22, Part 4, Utah Indigent
309     Defense Commission.
310          (41) The program established by the Division of Facilities Construction and
311     Management under Section 63A-5b-703 under which state agencies receive an appropriation
312     and pay lease payments for the use and occupancy of buildings owned by the Division of
313     Facilities Construction and Management."