This document includes Senate Committee Amendments incorporated into the bill on Wed, Feb 2, 2022 at 9:38 AM by kpoll.



Chief Sponsor: Luz Escamilla

House Sponsor: Stewart E. Barlow


8     General Description:
9          This bill creates a state certification for community health workers.
10     Highlighted Provisions:
11          This bill:
12          ▸     defines terms;
13          ▸     creates a state certification for community health workers; and
14          ▸     requires the Department of Health to administer the certification.
15     Money Appropriated in this Bill:
16          None
17     Other Special Clauses:
18          None
19     Utah Code Sections Affected:
20     ENACTS:
21          26-69-101, Utah Code Annotated 1953
22          26-69-102, Utah Code Annotated 1953
23          26-69-103, Utah Code Annotated 1953
24          26-69-104, Utah Code Annotated 1953
25          26-69-105, Utah Code Annotated 1953
26          26-69-106, Utah Code Annotated 1953
27          26-69-107, Utah Code Annotated 1953


29     Be it enacted by the Legislature of the state of Utah:
30          Section 1. Section 26-69-101 is enacted to read:

32          26-69-101. Definitions.
33          As used in this chapter:
34          (1) "Capacity building" means strengthening an individual's or a community's ability to
35     participate in shared decision making.
36          (2) "Community health worker" means an individual who:
37          (a) works to improve a social determinant of health;
38          (b) acts as an intermediary between a Ŝ→ [
specific] ←Ŝ community and health services or
38a     social
39     services to:
40          (i) facilitate access to services; or
41          (ii) improve the quality and cultural competence of service delivery; and
42          (c) increases health knowledge and self-sufficiency of an individual or a Ŝ→ [
specific] ←Ŝ
43     community through outreach, capacity building, community education, informal counseling,
44     social support, Ŝ→ [
advocacy] ←Ŝ , and other similar activities Ŝ→ . ←Ŝ
45          (3) "Core-skill education" means education regarding each of the following:
46          (a) Ŝ→ [
advocacy] self-reliance ←Ŝ ;
47          (b) outreach;
48          (c) capacity building;
49          (d) individual and community assessment;
50          (e) coordination skills;
51          (f) relationship building;
52          (g) facilitation of services;
53          (h) communication; Ŝ→ [
and] ←Ŝ
54          (i) professional conduct Ŝ→ [
.] ; and
54a     (j) health promotion. ←Ŝ
55          (4) "Core-skill training" means:
56          (a) 90 hours of competency-based education; and
57          (b) 300 hours of community involvement as determined by the department through
58     rule.

59          (5) "Social determinate of health" means any condition in which an individual or a
60     community lives, learns, works, plays, worships, or ages, that affects the individual's or the
61     community's health or quality of life outcomes or risks.
62          (6) "State certified" means that an individual has obtained the state certification
63     described in Subsection 26-69-104(1).
64          Section 2. Section 26-69-102 is enacted to read:
65          26-69-102. Rulemaking.
66          The department may make rules as authorized by this chapter in accordance with Title
67     63G, Chapter 3, Utah Administrative Rulemaking Act.
68          Section 3. Section 26-69-103 is enacted to read:
69          26-69-103. Community Health Worker Certification Advisory Board.
70          The department shall notify the Health and Human Services Interim Committee if the
71     department determines that there is a need to create, by statute, a Community Health Worker
72     Certification Advisory Board.
73          Section 4. Section 26-69-104 is enacted to read:
74          26-69-104. Certification -- Unlawful conduct.
75          (1) The department shall issue to an individual who qualifies under this chapter a
76     certification as a state certified community health worker.
77          (2) An individual may not use the term "state certified" in conjunction with the
78     individual's work as a community health worker if the individual is not state certified.
79          (3) The department may fine an individual who violates Subsection (2) in an amount
80     up to $100.
81          Section 5. Section 26-69-105 is enacted to read:
82          26-69-105. Qualifications for certification.
83          (1) The department shall issue a certification described in Section 26-69-104 to a
84     community health worker if the community health worker has:
85          (a) completed core-skill training administered by:
86          (i) the department;
87          (ii) a state professional association that:
88          (A) is associated with the community health worker profession; and
89          (B) is aligned with a national community health worker professional association; or

90          (iii) an entity designated by a state professional association described in Subsection
91     (1)(a)(ii);
92          (b) completed training regarding basic medical confidentiality requirements, including
93     the confidentiality requirements of the Health Insurance Portability and Accountability Act of
94     1996, Pub. L. No. 104-191, 110 Stat. 1936, as amended;
95          (c) completed an application as designed by the department with a signed statement
96     agreeing to abide by national standards of practice and ethics for community health workers;
97     and
98          (d) paid a fee established by the department under Section 63J-1-504.
99          (2) A community health worker with at least 4,000 hours of experience as a community
100     health worker is exempt from the core-skill training requirement described in Subsection
101     (1)(a).
102          Section 6. Section 26-69-106 is enacted to read:
103          26-69-106. Certification is voluntary.
104          This chapter does not prohibit an individual from acting as a community health worker,
105     if the individual does not have a certificate described in this chapter.
106          Section 7. Section 26-69-107 is enacted to read:
107          26-69-107. Term of certification - Expiration - Renewal.
108          (1) Subject to Subsection (2), the department shall issue each certification under this
109     chapter in accordance with a two-year renewal cycle.
110          (2) The department may by rule extend or shorten a renewal cycle by as much as one
111     year to stagger the renewal cycles that the department administers.
112          (3) (a) The department shall print the expiration date on the certification.
113          (b) Each certification automatically expires on the date shown on the certificate.
114          (c) The department shall establish procedures through rule to notify each state certified
115     community health worker when the certification is due for renewal.
116          (4) (a) The department shall renew a certification if the individual has:
117          (i) met each renewal requirement established by the department through rule; and
118          (ii) paid a certification renewal fee established by the department.
119          (b) A rule created by the department under Subsection (4)(a)(i) shall include a
120     requirement regarding:

121          (i) continuing education; and
122          (ii) maintaining professional conduct.