1     
BOARDS AND COMMISSIONS MODIFICATIONS

2     
2023 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Wayne A. Harper

5     
House Sponsor: Karen M. Peterson

6     

7     LONG TITLE
8     General Description:
9          This bill repeals and amends provisions related to certain boards and commissions.
10     Highlighted Provisions:
11          This bill:
12          ▸     repeals the following entities and amends provisions related to the following
13     entities:
14               •     the Residential Child Care Licensing Advisory Committee;
15               •     the Dietitian Board;
16               •     the Genetic Counselors Licensing Board;
17               •     the Online Prescribing, Dispensing, and Facilitation Licensing Board;
18               •     the Licensed Direct Entry Midwife Board;
19               •     the Naturopathic Physicians Licensing Board;
20               •     the Utah Health Advisory Council;
21               •     the Transparency Advisory Board; and
22               •     the Western States Transportation Alliance;
23          ▸     modifies provisions related to the Motor Carrier Advisory Board;
24          ▸     modifies provisions related to the Geographic Names Board;
25          ▸     modifies provisions related to the criminal justice coordinating councils;
26          ▸     renames and modifies provisions related to the Child Care Center Licensing
27     Committee; and
28          ▸     makes technical changes.
29     Money Appropriated in this Bill:
30          None
31     Other Special Clauses:
32          None
33     Utah Code Sections Affected:
34     AMENDS:
35          9-9-113, as enacted by Laws of Utah 2021, Chapter 189
36          17-55-201, as enacted by Laws of Utah 2022, Chapter 187
37          26-1-2, as last amended by Laws of Utah 2022, Chapter 255
38          26-39-102, as last amended by Laws of Utah 2022, Chapters 21, 255
39          26-39-200, as last amended by Laws of Utah 2022, Chapter 255
40          26-39-203, as last amended by Laws of Utah 2016, Chapter 74
41          26B-1-204, as renumbered and amended by Laws of Utah 2022, Chapter 255
42          58-49-2, as last amended by Laws of Utah 1993, Chapter 297
43          58-49-4, as last amended by Laws of Utah 2020, Chapter 339
44          58-49-6, as enacted by Laws of Utah 1986, Chapter 192
45          58-71-102, as last amended by Laws of Utah 2022, Chapter 440
46          58-71-203, as enacted by Laws of Utah 2022, Chapter 440
47          58-71-302, as last amended by Laws of Utah 2020, Chapter 339
48          58-71-304, as last amended by Laws of Utah 2001, Chapter 268
49          58-71-304.2, as enacted by Laws of Utah 1996, Chapter 282
50          58-71-601, as last amended by Laws of Utah 2013, Chapter 364
51          58-71-802, as enacted by Laws of Utah 1996, Chapter 282
52          58-71-803, as enacted by Laws of Utah 1996, Chapter 282
53          58-75-102, as last amended by Laws of Utah 2008, Chapter 382
54          58-75-303, as enacted by Laws of Utah 2001, Chapter 100
55          58-77-102, as last amended by Laws of Utah 2017, Chapter 114
56          58-77-302, as last amended by Laws of Utah 2020, Chapter 339
57          58-83-102, as last amended by Laws of Utah 2022, Chapter 415
58          58-83-302, as last amended by Laws of Utah 2022, Chapter 415
59          58-83-401, as last amended by Laws of Utah 2022, Chapter 415
60          63A-16-107, as enacted by Laws of Utah 2021, Chapter 84
61          63I-1-226, as last amended by Laws of Utah 2022, Chapters 194, 206, 224, 253, 255,
62     347, and 451
63          63I-1-263, as last amended by Laws of Utah 2022, Chapters 23, 34, 68, 153, 218, 236,
64     249, 274, 296, 313, 361, 362, 417, 419, and 472
65          63I-2-226, as last amended by Laws of Utah 2022, Chapters 255, 365
66          67-1-2.5, as last amended by Laws of Utah 2021, Chapters 84, 345
67          72-9-201, as last amended by Laws of Utah 2017, Chapter 96
68     REPEALS:
69          26-1-7.5, as last amended by Laws of Utah 2011, Chapter 297
70          26-39-201, as last amended by Laws of Utah 2022, Chapter 255
71          41-23-1, as last amended by Laws of Utah 2011, Chapter 202
72          41-23-2, as last amended by Laws of Utah 2011, Chapter 202
73          58-49-1, as enacted by Laws of Utah 1986, Chapter 192
74          58-49-3, as repealed and reenacted by Laws of Utah 1993, Chapter 297
75          58-71-201, as last amended by Laws of Utah 1997, Chapter 10
76          58-75-101, as enacted by Laws of Utah 2001, Chapter 100
77          58-75-201, as enacted by Laws of Utah 2001, Chapter 100
78          58-77-201, as last amended by Laws of Utah 2013, Chapter 167
79          58-83-101, as enacted by Laws of Utah 2010, Chapter 180
80          58-83-201, as enacted by Laws of Utah 2010, Chapter 180
81          63A-18-102, as enacted by Laws of Utah 2021, Chapter 84
82          63A-18-201, as renumbered and amended by Laws of Utah 2021, Chapter 84
83          63A-18-202, as enacted by Laws of Utah 2021, Chapter 84
84     

85     Be it enacted by the Legislature of the state of Utah:
86          Section 1. Section 9-9-113 is amended to read:
87          9-9-113. Geographic place names -- Role of division -- Report.
88          (1) As used in this section[:], "location name referring to American Indians" means the
89     name of a place in the state that uses American Indian related terms.
90          [(a) "Location name referring to American Indians" means the name of a place in the
91     state that uses American Indian related terms.]
92          [(b) "Utah Committee on Geographic Names" means the committee created by
93     executive order of the governor that has a primary function to act as the state's liaison with the
94     United States Board on Geographic Names and to review geographic name changes and
95     additions in Utah.]
96          (2) (a) To facilitate the United States Board on Geographic Names' application process
97     for changing a location name referring to American Indians, the division may create an
98     application template[, in consultation with the Utah Committee on Geographic Names,] for the
99     following to use:
100          (i) a county in which a place with a location name referring to American Indians is
101     located;
102          (ii) an Indian tribe that is connected to the geographic location referring to American
103     Indians for which the Indian tribe seeks to change the name;
104          (iii) a local community in and around a place with a location name referring to
105     American Indians; or
106          (iv) another person identified by the division [in consultation with the Utah Committee
107     on Geographic Names].
108          (b) The application template described in Subsection (2)(a) shall encourage an
109     applicant to solicit feedback from the one or more tribal governments that are connected to the
110     geographic location for which the applicant is proposing to change the location name referring
111     to American Indians.
112          (c) If the division assists a person applying to change the location name referring to
113     American Indians, the division shall direct the person to consult with any tribal government
114     that is connected to the geographic location for which the location name referring to American
115     Indians is proposed to be changed so that a tribal government has an opportunity to provide an
116     official response.
117          (d) The division may bring proposed name changes to location names referring to
118     American Indians to tribal leaders to solicit input from the Indian tribes.
119          (3) The division shall provide on the division's website resources for applicants and
120     information about proposed changes to location names referring to American Indians.
121          (4) In accordance with Section 9-9-107, the division shall annually report to the Native
122     American Legislative Liaison Committee on the division's activities under this section.
123          Section 2. Section 17-55-201 is amended to read:
124          17-55-201. Criminal justice coordinating councils -- Creation -- Strategic plan --
125     Reporting requirements.
126          (1) (a) Beginning January 1, 2023, a county shall:
127          (i) create a criminal justice coordinating council; or
128          (ii) jointly with another county or counties, create a criminal justice coordinating
129     council.
130          (b) The purpose of a council is to coordinate and improve components of the criminal
131     justice system in the county or counties.
132          (2) (a) A council shall include:
133          (i) one county commissioner or county council member;
134          (ii) the county sheriff or the sheriff's designee;
135          (iii) one chief of police of a municipality within the county or the chief's designee;
136          (iv) the county attorney or the attorney's designee;
137          (v) one public defender or attorney who provides public defense within the county;
138          (vi) one district court judge;
139          (vii) one justice court judge;
140          (viii) one representative from the Division of Adult Probation and Parole within the
141     Department of Corrections;
142          (ix) one representative from the local mental health authority within the county; and
143          (x) one individual who is:
144          (A) a crime victim; or
145          (B) a victim advocate, as defined in Section 77-38-403.
146          (b) A council may include:
147          (i) an individual representing:
148          (A) local government;
149          (B) human services programs;
150          (C) higher education;
151          (D) peer support services;
152          (E) workforce services;
153          (F) local housing services;
154          (G) mental health or substance use disorder providers;
155          (H) a health care organization within the county;
156          (I) a local homeless council;
157          (J) family counseling and support groups; or
158          (K) organizations that work with families of incarcerated individuals; or
159          (ii) an individual with lived experiences in the criminal justice system.
160          [(3) The member described in Subsection (2)(a)(i) shall serve as chair of the council.]
161          (3) A council shall rotate the position of the chair among the members.
162          (4) (a) A council shall develop and implement a strategic plan for the county's or
163     counties' criminal justice system that includes:
164          (i) mapping of all systems, resources, assets, and services within the county's or
165     counties' criminal justice system;
166          (ii) a plan for data sharing across the county's or counties' criminal justice system;
167          (iii) recidivism reduction objectives; and
168          (iv) community reintegration goals.
169          (b) The commission may assist a council in the development of a strategic plan.
170          (5) Before November 30 of each year, a council shall provide a written report to the
171     commission regarding:
172          (a) the implementation of a strategic plan described in Subsection (4); and
173          (b) any data on the impact of the council on the criminal justice system in the county or
174     counties.
175          Section 3. Section 26-1-2 is amended to read:
176          26-1-2. Definitions.
177          As used in this title:
178          [(1) "Council" means the Utah Health Advisory Council.]
179          [(2)] (1) "Department" means the Department of Health and Human Services created in
180     Section 26B-1-201.
181          [(3)] (2) "Executive director" means the executive director of the department appointed
182     under Section 26B-1-203.
183          [(4)] (3) "Public health authority" means an agency or authority of the United States, a
184     state, a territory, a political subdivision of a state or territory, an Indian tribe, or a person acting
185     under a grant of authority from or contract with such an agency, that is responsible for public
186     health matters as part of its official mandate.
187          Section 4. Section 26-39-102 is amended to read:
188          26-39-102. Definitions.
189          As used in this chapter:
190          [(1) "Advisory committee" means the Residential Child Care Licensing Advisory
191     Committee created in Section 26B-1-204.]
192          [(2)] (1) "Capacity limit" means the maximum number of qualifying children that a
193     regulated provider may care for at any given time, in accordance with rules made by the
194     department.
195          [(3)] (2) (a) "Center based child care" means child care provided in a facility or
196     program that is not the home of the provider.
197          (b) "Center based child care" does not include:
198          (i) residential child care; or
199          (ii) care provided in a facility or program exempt under Section 26-39-403.
200          [(4)] (3) "Certified provider" means a person who holds a certificate from the
201     department under Section 26-39-402.
202          [(5)] (4) "Child care" means continuous care and supervision of a qualifying child, that
203     is:
204          (a) in lieu of care ordinarily provided by a parent in the parent's home;
205          (b) for less than 24 hours a day; and
206          (c) for direct or indirect compensation.
207          [(6)] (5) "Child care program" means a child care facility or program operated by a
208     regulated provider.
209          [(7)] (6) "Exempt provider" means a person who provides care described in Subsection
210     26-39-403(2).
211          [(8)] (7) "Licensed provider" means a person who holds a license from the department
212     under Section 26-39-401.
213          [(9)] (8) "Licensing committee" means the Child Care [Center] Provider Licensing
214     Committee created in Section 26B-1-204.
215          [(10)] (9) "Public school" means:
216          (a) a school, including a charter school, that:
217          (i) is directly funded at public expense; and
218          (ii) provides education to qualifying children for any grade from first grade through
219     twelfth grade; or
220          (b) a school, including a charter school, that provides:
221          (i) preschool or kindergarten to qualifying children, regardless of whether the preschool
222     or kindergarten is funded at public expense; and
223          (ii) education to qualifying children for any grade from first grade through twelfth
224     grade, if each grade, from first grade to twelfth grade, that is provided at the school, is directly
225     funded at public expense.
226          [(11)] (10) "Qualifying child" means an individual who is:
227          (a) (i) under the age of 13 years old; or
228          (ii) under the age of 18 years old, if the person has a disability; and
229          (b) a child of:
230          (i) a person other than the person providing care to the child;
231          (ii) a regulated provider, if the child is under the age of four; or
232          (iii) an employee or owner of a licensed child care center, if the child is under the age
233     of four.
234          [(12)] (11) "Regulated provider" means a licensed provider or certified provider.
235          [(13)] (12) "Residential child care" means child care provided in the home of the
236     provider.
237          Section 5. Section 26-39-200 is amended to read:
238          26-39-200. Child Care Provider Licensing Committee.
239          (1) (a) The licensing committee shall be comprised of [seven] 12 members appointed
240     by the governor and approved by the Senate in accordance with this subsection.
241          (b) The governor shall appoint three members who:
242          (i) have at least five years of experience as an owner in or director of a for profit or
243     not-for-profit center based child care; and
244          (ii) hold an active license as a child care center from the department to provide center
245     based child care.
246          (c) The governor shall appoint two members who hold an active license as a residential
247     child care provider and one member who is a certified residential child care provider.
248          [(c)] (d) (i) The governor shall appoint one member to represent each of the following:
249          (A) a parent with a child in a licensed center based child care facility;
250          (B) a parent with a child in a residential based child care facility;
251          [(B)] (C) a child development expert from the state system of higher education;
252          [(C)] (D) except as provided in Subsection [(1)(e)] (1)(f), a pediatrician licensed in the
253     state; [and]
254          (E) a health care provider; and
255          [(D)] (F) an architect licensed in the state.
256          (ii) Except as provided in Subsection [(1)(c)(i)(B)] (1)(d)(i)(C), a member appointed
257     under Subsection [(1)(c)(i)] (1)(d)(i) may not be an employee of the state or a political
258     subdivision of the state.
259          [(d)] (e) At least one member described in Subsection (1)(b) shall at the time of
260     appointment reside in a county that is not a county of the first class.
261          [(e)] (f) For the appointment described in Subsection [(1)(c)(i)(C)] (1)(d)(i)(D), the
262     governor may appoint a health care professional who specializes in pediatric health if:
263          (i) the health care professional is licensed under:
264          (A) Title 58, Chapter 31b, Nurse Practice Act, as an advanced practice nurse
265     practitioner; or
266          (B) Title 58, Chapter 70a, Utah Physician Assistant Act; and
267          (ii) before appointing a health care professional under this Subsection [(1)(e)] (1)(f),
268     the governor:
269          (A) sends a notice to a professional physician organization in the state regarding the
270     opening for the appointment described in Subsection [(1)(c)(i)(C)] (1)(d)(i)(D); and
271          (B) receives no applications from a pediatrician who is licensed in the state for the
272     appointment described in Subsection [(1)(c)(i)(C)] (1)(d)(i)(D) within 90 days after the day on
273     which the governor sends the notice described in Subsection [(1)(e)(ii)(A)] (1)(f)(ii)(A).
274          (2) (a) Except as required by Subsection (2)(b), as terms of current members expire, the
275     governor shall appoint each new member or reappointed member to a four-year term ending
276     June 30.
277          (b) Notwithstanding the requirements of Subsection (2)(a), the governor shall, at the
278     time of appointment or reappointment, adjust the length of terms to ensure that the terms of
279     members are staggered so that approximately half of the licensing committee is appointed
280     every two years.
281          (c) Upon the expiration of the term of a member of the licensing committee, the
282     member shall continue to hold office until a successor is appointed and qualified.
283          (d) A member may not serve more than two consecutive terms.
284          (e) Members of the licensing committee shall annually select one member to serve as
285     chair who shall establish the agenda for licensing committee meetings.
286          (3) When a vacancy occurs in the membership for any reason, the governor, with the
287     advice and consent of the Senate, shall appoint a replacement for the unexpired term.
288          (4) (a) The licensing committee shall meet at least every two months.
289          (b) The director may call additional meetings:
290          (i) at the director's discretion;
291          (ii) upon the request of the chair; or
292          (iii) upon the written request of three or more members.
293          (5) [Three] Seven members of the licensing committee constitute a quorum for the
294     transaction of business.
295          (6) A member appointed under Subsection (1)(b) may not vote on any action proposed
296     by the licensing committee regarding residential child care.
297          (7) A member appointed under Subsection (1)(c) may not vote on any action proposed
298     by the licensing committee regarding center based child care.
299          [(6)] (8) A member of the licensing committee may not receive compensation or
300     benefits for the member's service, but may receive per diem and travel expenses as allowed in:
301          (a) Section 63A-3-106;
302          (b) Section 63A-3-107; and
303          (c) rules made by the Division of Finance in accordance with Sections 63A-3-106 and
304     63A-3-107.
305          Section 6. Section 26-39-203 is amended to read:
306          26-39-203. Duties of the Child Care Provider Licensing Committee.
307          (1) The licensing committee shall:
308          (a) in concurrence with the department and in accordance with Title 63G, Chapter 3,
309     Utah Administrative Rulemaking Act, make rules that govern center based child care and
310     residential child care as necessary to protect qualifying children's common needs for a safe and
311     healthy environment, to provide for:
312          (i) adequate facilities and equipment; and
313          (ii) competent caregivers considering the age of the children and the type of program
314     offered by the licensee;
315          (b) in concurrence with the department and in accordance with Title 63G, Chapter 3,
316     Utah Administrative Rulemaking Act, make rules necessary to carry out the purposes of this
317     chapter that govern center based child care and residential child care, in the following areas:
318          (i) requirements for applications, the application process, and compliance with other
319     applicable statutes and rules;
320          (ii) documentation and policies and procedures that providers shall have in place in
321     order to be licensed, in accordance with Subsection (1);
322          (iii) categories, classifications, and duration of initial and ongoing licenses;
323          (iv) changes of ownership or name, changes in licensure status, and changes in
324     operational status;
325          (v) license expiration and renewal, contents, and posting requirements;
326          (vi) procedures for inspections, complaint resolution, disciplinary actions, and other
327     procedural measures to encourage and assure compliance with statute and rule; and
328          (vii) guidelines necessary to assure consistency and appropriateness in the regulation
329     and discipline of licensees;
330          (c) advise the department on the administration of a matter affecting center based child
331     care and residential child care;
332          (d) advise and assist the department in conducting center based child care provider
333     seminars and residential child care seminars; and
334          (e) perform other duties as provided under Section 26-39-301.
335          (2) (a) The licensing committee may not enforce the rules adopted under this section.
336          (b) The department shall enforce the rules adopted under this section in accordance
337     with Section 26-39-301.
338          Section 7. Section 26B-1-204 is amended to read:
339          26B-1-204. Creation of boards, divisions, and offices -- Power to organize
340     department.
341          (1) The executive director shall make rules in accordance with Title 63G, Chapter 3,
342     Utah Administrative Rulemaking Act, and not inconsistent with law for:
343          (a) the administration and government of the department;
344          (b) the conduct of the department's employees; and
345          (c) the custody, use, and preservation of the records, papers, books, documents, and
346     property of the department.
347          (2) The following policymaking boards, councils, and committees are created within
348     the Department of Health and Human Services:
349          (a) Board of Aging and Adult Services;
350          (b) Utah State Developmental Center Board;
351          [(c) Health Advisory Council;]
352          [(d)] (c) Health Facility Committee;
353          [(e)] (d) State Emergency Medical Services Committee;
354          [(f)] (e) Air Ambulance Committee;
355          [(g)] (f) Health Data Committee;
356          [(h)] (g) Utah Health Care Workforce Financial Assistance Program Advisory
357     Committee;
358          [(i) Residential Child Care Licensing Advisory Committee;]
359          [(j)] (h) Child Care [Center] Provider Licensing Committee;
360          [(k)] (i) Primary Care Grant Committee;
361          [(l)] (j) Adult Autism Treatment Program Advisory Committee;
362          [(m)] (k) Youth Electronic Cigarette, Marijuana, and Other Drug Prevention
363     Committee; and
364          [(n)] (l) any boards, councils, or committees that are created by statute in:
365          (i) this title;
366          (ii) Title 26, Utah Health Code; or
367          (iii) Title 62A, Utah Human Services Code.
368          (3) The following divisions are created within the Department of Health and Human
369     Services:
370          (a) relating to operations:
371          (i) the Division of Finance and Administration;
372          (ii) the Division of Licensing and Background Checks;
373          (iii) the Division of Customer Experience;
374          (iv) the Division of Data, Systems, and Evaluation; and
375          (v) the Division of Continuous Quality Improvement;
376          (b) relating to healthcare administration:
377          (i) the Division of Integrated Healthcare, which shall include responsibility for:
378          (A) the state's medical assistance programs; and
379          (B) behavioral health programs described in Title 62A, Chapter 15, Substance Abuse
380     and Mental Health Act;
381          (ii) the Division of Aging and Adult Services; and
382          (iii) the Division of Services for People with Disabilities; and
383          (c) relating to community health and well-being:
384          (i) the Division of Child and Family Services;
385          (ii) the Division of Family Health;
386          (iii) the Division of Population Health;
387          (iv) the Division of Juvenile Justice and Youth Services; and
388          (v) the Office of Recovery Services.
389          (4) The executive director may establish offices and bureaus to facilitate management
390     of the department as required by, and in accordance with:
391          (a) this title;
392          (b) Title 26, Utah Health Code; and
393          (c) Title 62A, Utah Human Services Code.
394          (5) From July 1, 2022, through June 30, 2023, the executive director may adjust the
395     organizational structure relating to the department, including the organization of the
396     department's divisions and offices, notwithstanding the organizational structure described in:
397          (a) this title;
398          (b) Title 26, Utah Health Code; or
399          (c) Title 62A, Utah Human Services Code.
400          Section 8. Section 58-49-2 is amended to read:
401          58-49-2. Definitions.
402          In addition to the definitions in Section 58-1-102, as used in this chapter:
403          [(1) "Board" means the Dietitian Board created in Section 58-49-3.]
404          [(2)] (1) "Certified dietitian" means a person who is certified by the division as meeting
405     the certification requirements provided in this chapter.
406          [(3)] (2) "Commission on Dietetic Registration" means the credentialing component of
407     the American Dietetic Association.
408          [(4)] (3) "Dietetics" means the integration and application of principles derived from
409     the sciences of food for the development, management, and provision of dietary services for
410     individuals and groups for meeting their health care needs. "Dietetics" includes:
411          (a) the evaluation of a person's dietary status;
412          (b) the advising and education of persons on dietary needs; and
413          (c) the evaluation of needs, implementation of systems to support needs, and
414     maintenance of appropriate standards of quality in food and dietary service for individuals,
415     groups, or patients in licensed institutional facilities or in private office settings.
416          [(5)] (4) "Unprofessional conduct" as defined in Section 58-1-501 and as may be
417     further defined by rule includes failing to maintain a level of professional practice consistent
418     with all initial and subsequent requirements by which certification is achieved or maintained
419     under this chapter.
420          Section 9. Section 58-49-4 is amended to read:
421          58-49-4. Qualifications for certification -- Fee.
422          Each applicant for certification under this chapter shall provide proof satisfactory to the
423     division that the applicant:
424          (1) holds a baccalaureate or post-baccalaureate degree conferred by a college or
425     university approved by the division at the time the degree was conferred with a major course of
426     study in the sciences of food, dietetics, food systems management, or an equivalent major
427     course of study;
428          (2) has completed an internship or preplanned professional baccalaureate or
429     post-baccalaureate experience in a dietetic program under the supervision of a certified
430     dietitian who is certified under this chapter or certified, registered, or licensed under the laws of
431     another state or territory of the United States;
432          (3) has satisfactorily passed a competency examination, approved by or given at the
433     direction of the [board in collaboration with the] division; and
434          (4) has paid the appropriate fees determined by the Department of Commerce. The fee
435     assessed by the Department of Commerce shall be fair and reasonable and shall reflect the cost
436     of services provided.
437          Section 10. Section 58-49-6 is amended to read:
438          58-49-6. Certification of persons qualified in other jurisdictions.
439          Upon receipt of an application and application fee[, and upon the recommendation of
440     the board,] the division may waive the examination requirement for an applicant who, at the
441     time of application:
442          (1) holds a valid dietitian license or certificate issued by another state or territory of the
443     United States, provided his qualifications meet the requirements of this chapter; or
444          (2) is registered by the Commission on Dietetic Registration.
445          Section 11. Section 58-71-102 is amended to read:
446          58-71-102. Definitions.
447          In addition to the definitions in Section 58-1-102, as used in this chapter:
448          (1) "Acupuncture" means the same as that term is defined in Section 58-72-102.
449          (2) "Administrative penalty" means a monetary fine imposed by the division for acts or
450     omissions determined to constitute unprofessional or unlawful conduct, as a result of an
451     adjudicative proceeding conducted in accordance with Title 63G, Chapter 4, Administrative
452     Procedures Act.
453          [(3) "Board" means the Naturopathic Physicians Licensing Board created in Section
454     58-71-201.]
455          [(4)] (3) "Controlled substance" means the same as that term is defined in Section
456     58-37-2.
457          [(5)] (4) "Diagnose" means:
458          (a) to examine in any manner another individual, parts of an individual's body,
459     substances, fluids, or materials excreted, taken, or removed from an individual's body, or
460     produced by an individual's body, to determine the source, nature, kind, or extent of a disease
461     or other physical or mental condition;
462          (b) to attempt to conduct an examination or determination described under Subsection
463     [(5)(a)] (4)(a);
464          (c) to hold oneself out as making or to represent that one is making an examination or
465     determination as described in Subsection [(5)(a)] (4)(a); or
466          (d) to make an examination or determination as described in Subsection [(5)(a)] (4)(a)
467     upon or from information supplied directly or indirectly by another individual, whether or not
468     in the presence of the individual the examination or determination concerns.
469          [(6)] (5) "Local anesthesia" means an agent, whether a natural medicine or
470     nonscheduled prescription drug, which:
471          (a) is applied topically or by injection associated with the performance of minor office
472     procedures;
473          (b) has the ability to produce loss of sensation to a targeted area of an individual's
474     body;
475          (c) does not cause loss of consciousness or produce general sedation; and
476          (d) is part of the competent practice of naturopathic medicine during minor office
477     procedures.
478          [(7)] (6) "Medical naturopathic assistant" means an unlicensed individual working
479     under the direct and immediate supervision of a licensed naturopathic physician and engaged in
480     specific tasks assigned by the licensed naturopathic physician in accordance with the standards
481     and ethics of the profession.
482          [(8)] (7) (a) "Minor office procedures" means:
483          (i) the use of operative, electrical, or other methods for repair and care of superficial
484     lacerations, abrasions, and benign lesions;
485          (ii) removal of foreign bodies located in the superficial tissues, excluding the eye or
486     ear;
487          (iii) the use of antiseptics and local anesthetics in connection with minor office surgical
488     procedures; and
489          (iv) percutaneous injection into skin, tendons, ligaments, muscles, and joints with:
490          (A) local anesthesia or a prescription drug described in Subsection [(9)(d)] (8)(d); or
491          (B) natural substances.
492          (b) "Minor office procedures" does not include:
493          (i) general or spinal anesthesia;
494          (ii) office procedures more complicated or extensive than those set forth in Subsection
495     [(8)(a)] (7)(a);
496          (iii) procedures involving the eye; and
497          (iv) any office procedure involving nerves, veins, or arteries.
498          [(9)] (8) "Natural medicine" means any:
499          (a) food, food extract, dietary supplement as defined by the Federal Food, Drug, and
500     Cosmetic Act, 21 U.S.C. Sec. 301 et seq., homeopathic remedy, or plant substance that is not
501     designated a prescription drug or controlled substance;
502          (b) over-the-counter medication;
503          (c) other nonprescription substance, the prescription or administration of which is not
504     otherwise prohibited or restricted under federal or state law; or
505          (d) prescription drug:
506          (i) the prescription of which is consistent with the competent practice of naturopathic
507     medicine;
508          (ii) that is not a controlled substance except for testosterone; and
509          (iii) that is not any of the following as determined by the federal Food and Drug
510     Administration's general drug category list:
511          (A) an anticoagulant for the management of a bleeding disorder;
512          (B) an anticonvulsant;
513          (C) an antineoplastic;
514          (D) an antipsychotic;
515          (E) a barbiturate;
516          (F) a cytotoxic;
517          (G) a sedative;
518          (H) a sleeping drug;
519          (I) a tranquilizer; or
520          (J) any drug category added after April 1, 2022, unless the division determines the drug
521     category to be consistent with the practice of naturopathic medicine under Section 58-71-203.
522          [(10)] (9) (a) "Naturopathic childbirth" means uncomplicated natural childbirth assisted
523     by a naturopathic physician.
524          (b) "Naturopathic childbirth" includes the use of:
525          (i) natural medicines; and
526          (ii) uncomplicated episiotomy.
527          (c) "Naturopathic childbirth" does not include the use of:
528          (i) forceps delivery;
529          (ii) general or spinal anesthesia;
530          (iii) caesarean section delivery; or
531          (iv) induced labor or abortion.
532          [(11)] (10) (a) "Naturopathic mobilization therapy" means manually administering
533     mechanical treatment of body structures or tissues for the purpose of restoring normal
534     physiological function to the body by normalizing and balancing the musculoskeletal system of
535     the body;
536          (b) "Naturopathic mobilization therapy" does not mean manipulation or adjustment of
537     the joints of the human body beyond the elastic barrier; and
538          (c) "Naturopathic mobilization therapy" does not include manipulation as used in Title
539     58, Chapter 73, Chiropractic Physician Practice Act.
540          [(12)] (11) (a) "Naturopathic physical medicine" means the use of the physical agents
541     of air, water, heat, cold, sound, light, and electromagnetic nonionizing radiation, and the
542     physical modalities of electrotherapy, acupuncture, diathermy, ultraviolet light, ultrasound,
543     hydrotherapy, naturopathic mobilization therapy, and exercise.
544          (b) "Naturopathic physical medicine" does not include the practice of physical therapy
545     or physical rehabilitation.
546          [(13)] (12) "Practice of naturopathic medicine" means:
547          (a) a system of primary health care for the prevention, diagnosis, and treatment of
548     human health conditions, injuries, and diseases that uses education, natural medicines, and
549     natural therapies, to support and stimulate the patient's intrinsic self-healing processes by:
550          (i) using naturopathic childbirth, but only if:
551          (A) the licensee meets standards of the American College of Naturopathic
552     Obstetricians (ACNO) or ACNO's successor as determined by the division in collaboration
553     with the board; and
554          (B) the licensee follows a written plan for naturopathic physicians practicing
555     naturopathic childbirth approved by the division in collaboration with the board, which
556     includes entering into an agreement with a consulting physician and surgeon or osteopathic
557     physician, in cases where the scope of practice of naturopathic childbirth may be exceeded and
558     specialty care and delivery is indicated, detailing the guidelines by which the naturopathic
559     physician will:
560          (I) refer patients to the consulting physician; and
561          (II) consult with the consulting physician;
562          (ii) using naturopathic mobilization therapy;
563          (iii) using naturopathic physical medicine;
564          (iv) using minor office procedures;
565          (v) prescribing or administering natural medicine;
566          (vi) prescribing medical equipment and devices, diagnosing by the use of medical
567     equipment and devices, and administering therapy or treatment by the use of medical devices
568     necessary and consistent with the competent practice of naturopathic medicine;
569          (vii) prescribing barrier devices for contraception;
570          (viii) using dietary therapy;
571          (ix) taking and using diagnostic x-rays, electrocardiograms, ultrasound, and
572     physiological function tests;
573          (x) taking of body fluids for clinical laboratory tests and using the results of the tests in
574     diagnosis;
575          (xi) taking of a history from and conducting of a physical examination upon a human
576     patient; and
577          (xii) administering local anesthesia during the performance of a minor office
578     procedure;
579          (b) to maintain an office or place of business for the purpose of doing any of the acts
580     described in Subsection [(13)(a)] (12)(a), whether or not for compensation; or
581          (c) to use, in the conduct of any occupation or profession pertaining to the diagnosis or
582     treatment of human diseases or conditions, in any printed material, stationery, letterhead,
583     envelopes, signs, or advertisements, the designation "naturopathic physician," "naturopathic
584     doctor," "naturopath," "doctor of naturopathic medicine," "doctor of naturopathy,"
585     "naturopathic medical doctor," "naturopathic medicine," "naturopathic health care,"
586     "naturopathy," "N.D.," "N.M.D.," or any combination of these designations in any manner that
587     might cause a reasonable person to believe the individual using the designation is a licensed
588     naturopathic physician.
589          [(14)] (13) "Prescribe" means to issue a prescription:
590          (a) orally or in writing; or
591          (b) by telephone, facsimile transmission, computer, or other electronic means of
592     communication as defined by division rule.
593          [(15)] (14) "Prescription device" means an instrument, apparatus, implement, machine,
594     contrivance, implant, in vitro reagent, or other similar or related article, and any component
595     part or accessory, which is required under federal or state law to be prescribed by a practitioner
596     and dispensed by or through a person licensed under this chapter or exempt from licensure
597     under this chapter.
598          [(16)] (15) "Prescription drug" means a drug that is required by federal or state law or
599     rule to be dispensed only by prescription or is restricted to administration only by practitioners.
600          [(17)] (16) "Unlawful conduct" means the same as that term is defined in Sections
601     58-1-501 and 58-71-501.
602          [(18)] (17) "Unprofessional conduct" means the same as that term is defined in
603     Sections 58-1-501 and 58-71-502, and as may be further defined by division rule.
604          Section 12. Section 58-71-203 is amended to read:
605          58-71-203. Drug category review.
606          (1) As used in this section, "FDA" means the federal Food and Drug Administration.
607          (2) After April 1, 2022, if the FDA adds a new drug category to the FDA's general drug
608     category list, the division shall determine whether the drug category is consistent with the
609     practice of naturopathic medicine.
610          (3) To make the determination described in Subsection (2), the division shall consult
611     with[:] the board described in Section 58-67-201.
612          [(a) the board; and]
613          [(b) the board described in Section 58-67-201.]
614          (4) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
615     division shall make rules to implement this section.
616          Section 13. Section 58-71-302 is amended to read:
617          58-71-302. Qualifications for licensure.
618          (1) An applicant for licensure as a naturopathic physician, except as set forth in
619     Subsection (2), shall:
620          (a) submit an application in a form prescribed by the division, which may include:
621          (i) submissions by the applicant of information maintained by practitioner data banks,
622     as designated by division rule, with respect to the applicant; and
623          (ii) a record of professional liability claims made against the applicant and settlements
624     paid by or in behalf of the applicant;
625          (b) pay a fee determined by the department under Section 63J-1-504;
626          (c) provide satisfactory documentation of having successfully completed a program of
627     professional education preparing an individual as a naturopathic physician, as evidenced by
628     having received an earned degree of doctor of naturopathic medicine from:
629          (i) a naturopathic medical school or college accredited by the Council of Naturopathic
630     Medical Education or its successor organization approved by the division;
631          (ii) a naturopathic medical school or college that is a candidate for accreditation by the
632     Council of Naturopathic Medical Education or its successor organization, and is approved by
633     the division [in collaboration with the board], upon a finding there is reasonable expectation
634     the school or college will be accredited; or
635          (iii) a naturopathic medical school or college which, at the time of the applicant's
636     graduation, met current criteria for accreditation by the Council of Naturopathic Medical
637     Education or its successor organization approved by the division;
638          (d) provide satisfactory documentation of having successfully completed, after
639     successful completion of the education requirements set forth in Subsection (1)(c), 12 months
640     of clinical experience in naturopathic medicine in a residency program recognized by the
641     division and associated with an accredited school or college of naturopathic medicine, and
642     under the preceptorship of a licensed naturopathic physician, physician and surgeon, or
643     osteopathic physician;
644          (e) pass the licensing examination sequence required by division rule [established in
645     collaboration with the board];
646          (f) be able to read, write, speak, understand, and be understood in the English language
647     and demonstrate proficiency to the satisfaction of the [board] division if requested by the
648     [board] division; and
649          (g) meet with [the board and] representatives of the division, if requested, for the
650     purpose of evaluating the applicant's qualifications for licensure.
651          (2) (a) In accordance with Subsection (2)(b), an applicant for licensure as a
652     naturopathic physician under the endorsement provision of Section 58-1-302 shall:
653          (i) meet the requirements of Section 58-1-302;
654          (ii) document having met all requirements for licensure under Subsection (1) except
655     the clinical experience requirement of Subsection (1)(d);
656          (iii) have passed the examination requirements established under Subsection (1)(e)
657     that:
658          (A) the applicant has not passed in connection with licensure in another state or
659     jurisdiction; and
660          (B) are available to the applicant to take without requiring additional professional
661     education;
662          (iv) have been actively engaged in the practice of a naturopathic physician for not less
663     than 6,000 hours during the five years immediately preceding the date of application for
664     licensure in Utah; and
665          (v) meet with [the board and] representatives of the division for the purpose of
666     evaluating the applicant's qualifications for licensure.
667          (b) The division may rely, either wholly or in part, on one or more credentialing
668     associations designated by division rule[, made in collaboration with the board,] to document
669     and certify in writing to the satisfaction of the division that an applicant has met each of the
670     requirements of this Subsection (2), including the requirements of Section 58-1-302, and that:
671          (i) the applicant holds a current license;
672          (ii) the education, experience, and examination requirements of the foreign country or
673     the state, district, or territory of the United States that issued the applicant's license are, or were
674     at the time the license was issued, equal to those of this state for licensure as a naturopathic
675     physician; and
676          (iii) the applicant has produced evidence satisfactory to the division of the applicant's
677     qualifications, identity, and good standing as a naturopathic physician.
678          Section 14. Section 58-71-304 is amended to read:
679          58-71-304. License renewal requirements.
680          (1) As a condition precedent for license renewal, each licensee shall, during each
681     two-year licensure cycle or other cycle defined by division rule, complete qualified continuing
682     professional education requirements in accordance with the number of hours and standards
683     defined by division rule [made in collaboration with the board].
684          (2) If a renewal period is extended or shortened under Section 58-71-303, the
685     continuing education hours required for license renewal under this section are increased or
686     decreased proportionally.
687          Section 15. Section 58-71-304.2 is amended to read:
688          58-71-304.2. Temporary license.
689          (1) The division may issue a temporary license to an individual who:
690          (a) meets all qualifications for licensure except completion of the 12 month clinical
691     experience required under Section 58-71-302; and
692          (b) presents a plan acceptable to the division [and the board] under which the applicant
693     will practice under the direct supervision of a licensed naturopathic physician, physician and
694     surgeon, or osteopathic physician, who supervises not more than three naturopathic physicians
695     in an approved clinical experience program.
696          (2) A temporary license issued under this section expires on the date the licensee
697     completes the clinical experience program, but not more than 18 months from the original date
698     of issue.
699          (3) A temporary license under this section may be issued only once to an individual.
700          Section 16. Section 58-71-601 is amended to read:
701          58-71-601. Mentally incompetent or incapacitated naturopathic physician.
702          (1) As used in this section:
703          (a) "Incapacitated person" means a person who is incapacitated, as defined in Section
704     75-1-201.
705          (b) "Mental illness" is as defined in Section 62A-15-602.
706          (2) If a court of competent jurisdiction determines a naturopathic physician is an
707     incapacitated person or that the physician has a mental illness and is unable to safely engage in
708     the practice of medicine, the director shall immediately suspend the license of the naturopathic
709     physician upon the entry of the judgment of the court, without further proceedings under Title
710     63G, Chapter 4, Administrative Procedures Act, regardless of whether an appeal from the
711     court's ruling is pending. The director shall promptly notify the naturopathic physician, in
712     writing, of the suspension.
713          (3) (a) If the division [and a majority of the board find] finds reasonable cause to
714     believe a naturopathic physician, who is not determined judicially to be an incapacitated person
715     or to have a mental illness, is incapable of practicing medicine with reasonable skill regarding
716     the safety of patients, because of illness, excessive use of drugs or alcohol, or as a result of any
717     mental or physical condition, [the board shall recommend that] the director shall file a petition
718     with the division, and cause the petition to be served upon the naturopathic physician with a
719     notice of hearing on the sole issue of the capacity of the naturopathic physician to competently
720     and safely engage in the practice of medicine.
721          (b) The hearing shall be conducted under Section 58-1-109, and Title 63G, Chapter 4,
722     Administrative Procedures Act, except as provided in Subsection (4).
723          (4) (a) Every naturopathic physician who accepts the privilege of being licensed under
724     this chapter gives consent to:
725          (i) submitting at the physician's own expense to an immediate mental or physical
726     examination when directed in writing by the division [and a majority of the board] to do so;
727     and
728          (ii) the admissibility of the reports of the examining physician's testimony or
729     examination, and waives all objections on the ground the reports constitute a privileged
730     communication.
731          (b) The examination may be ordered by the division[, with the consent of a majority of
732     the board,] only upon a finding of reasonable cause to believe:
733          (i) the naturopathic physician has a mental illness, is incapacitated, or otherwise unable
734     to practice medicine with reasonable skill and safety; and
735          (ii) immediate action by the division [and the board] is necessary to prevent harm to
736     the naturopathic physician's patients or the general public.
737          (c) (i) Failure of a naturopathic physician to submit to the examination ordered under
738     this section is a ground for the division's immediate suspension of the naturopathic physician's
739     license by written order of the director.
740          (ii) The division may enter the order of suspension without further compliance with
741     Title 63G, Chapter 4, Administrative Procedures Act, unless the division finds the failure to
742     submit to the examination ordered under this section was due to circumstances beyond the
743     control of the naturopathic physician and was not related directly to the illness or incapacity of
744     the naturopathic physician.
745          (5) (a) A naturopathic physician whose license is suspended under Subsection (2) or
746     (3) has the right to a hearing to appeal the suspension within 10 days after the license is
747     suspended.
748          (b) The hearing held under this subsection shall be conducted in accordance with
749     Sections 58-1-108 and 58-1-109 for the sole purpose of determining if sufficient basis exists
750     for the continuance of the order of suspension in order to prevent harm to the naturopathic
751     physician's patients or the general public.
752          (6) A naturopathic physician whose license is revoked, suspended, or in any way
753     restricted under this section may request the division [and the board] to consider, at reasonable
754     intervals, evidence presented by the naturopathic physician, under procedures established by
755     division rule, regarding any change in the naturopathic physician's condition, to determine
756     whether:
757          (a) the physician is or is not able to safely and competently engage in the practice of
758     medicine; and
759          (b) the physician is qualified to have the physician's license to practice under this
760     chapter restored completely or in part.
761          Section 17. Section 58-71-802 is amended to read:
762          58-71-802. Form of practice.
763          (1) A naturopathic physician licensed under this chapter may engage in practice as a
764     naturopathic physician, or in the practice of naturopathic medicine only as an individual
765     licensee; but as an individual licensee, [he] the naturopathic physician may be:
766          (a) an individual operating as a business proprietor;
767          (b) an employee of another person;
768          (c) a partner in a lawfully organized partnership;
769          (d) a lawfully formed professional corporation;
770          (e) a lawfully organized limited liability company;
771          (f) a lawfully organized business corporation; or
772          (g) any other form of organization recognized by the state which is not prohibited by
773     rule adopted by division rules [made in collaboration with the board].
774          (2) Regardless of the form in which a licensee engages in the practice of medicine, the
775     licensee may only permit the practice of medicine in that form of practice to be conducted by
776     an individual:
777          (a) licensed in Utah as a naturopathic physician under Section 58-71-301, a physician
778     and surgeon, or as an osteopathic physician and surgeon; and
779          (b) who is able to lawfully and competently engage in the practice of medicine.
780          Section 18. Section 58-71-803 is amended to read:
781          58-71-803. Medical records -- Electronic records.
782          (1) Medical records maintained by a licensee shall:
783          (a) meet the standards and ethics of the profession; and
784          (b) be maintained in accordance with division rules [made in collaboration with the
785     board].
786          (2) Medical records under this section may be maintained by an electronic means if the
787     records comply with Subsection (1).
788          Section 19. Section 58-75-102 is amended to read:
789          58-75-102. Definitions.
790          In addition to the definitions in Section 58-1-102, as used in this chapter:
791          [(1) "Board" means the Genetic Counselors Licensing Board created in Section
792     58-75-201.]
793          [(2)] (1) "Genetic counselor" means a person licensed under this chapter to engage in
794     the practice of genetic counseling.
795          [(3)] (2) "Practice of genetic counseling" means the communication process which
796     deals with the human problems associated with the occurrence, or the risk of occurrence, of a
797     genetic disorder in a family, including the provision of services to help an individual or family:
798          (a) comprehend the medical facts, including the diagnosis, probable cause of the
799     disorder, and the available management;
800          (b) appreciate the way heredity contributes to the disorder and the risk of occurrence in
801     specified relatives;
802          (c) understand the alternatives for dealing with the risk of occurrence;
803          (d) choose the course of action which seems appropriate to them in view of their risk,
804     their family goals, and their ethical and religious standards, and to act in accordance with that
805     decision; and
806          (e) make the best possible psychosocial adjustment to the disorder in an affected family
807     member or to the risk of occurrence of that disorder.
808          [(4)] (3) "Unlawful conduct" is as defined in Sections 58-1-501 and 58-75-501.
809          [(5)] (4) "Unprofessional conduct" is as defined in Sections 58-1-501 and 58-75-502
810     and as may be further defined by rule by the division in accordance with Title 63G, Chapter 3,
811     Utah Administrative Rulemaking Act.
812          Section 20. Section 58-75-303 is amended to read:
813          58-75-303. Term of license -- Expiration -- Renewal.
814          (1) The division shall issue each license under this chapter in accordance with a
815     two-year renewal cycle established by rule. The division may by rule extend or shorten a
816     renewal cycle by as much as one year to stagger the renewal cycles it administers.
817          (2) Each licensee shall, at the time of applying for renewal, demonstrate compliance
818     with continuing education requirements established by rule by the division [in collaboration
819     with the board].
820          (3) Each license automatically expires on the expiration date shown on the license
821     unless the licensee renews it in accordance with Section 58-1-308.
822          Section 21. Section 58-77-102 is amended to read:
823          58-77-102. Definitions.
824          In addition to the definitions in Section 58-1-102, as used in this chapter:
825          [(1) "Board" means the Licensed Direct-entry Midwife Board created in Section
826     58-77-201.]
827          [(2)] (1) "Certified nurse-midwife" means a person licensed under Title 58, Chapter
828     44a, Nurse Midwife Practice Act.
829          [(3)] (2) "Client" means a woman and her fetus or newborn baby under the care of a
830     direct-entry midwife.
831          [(4)] (3) "Direct-entry midwife" means an individual who is engaging in the practice of
832     direct-entry midwifery.
833          [(5)] (4) "Licensed direct-entry midwife" means a person licensed under this chapter.
834          [(6)] (5) "Low risk" means a labor and delivery and postpartum, newborn, and
835     interconceptual care that does not include a condition that requires a mandatory transfer under
836     administrative rules adopted by the division.
837          [(7)] (6) "Physician" means an individual licensed as a physician and surgeon,
838     osteopathic physician, or naturopathic physician.
839          [(8)] (7) "Practice of direct-entry midwifery" means the practice of providing the
840     necessary supervision, care, and advice to a client during essentially normal pregnancy, labor,
841     delivery, postpartum, and newborn periods that is consistent with national professional
842     midwifery standards and that is based upon the acquisition of clinical skills necessary for the
843     care of a pregnant woman and a newborn baby, including antepartum, intrapartum, postpartum,
844     newborn, and limited interconceptual care, and includes:
845          (a) obtaining an informed consent to provide services;
846          (b) obtaining a health history, including a physical examination;
847          (c) developing a plan of care for a client;
848          (d) evaluating the results of client care;
849          (e) consulting and collaborating with and referring and transferring care to licensed
850     health care professionals, as is appropriate, regarding the care of a client;
851          (f) obtaining medications, as specified in this Subsection [(8)(f)] (7)(f), to administer to
852     a client, including:
853          (i) prescription vitamins;
854          (ii) Rho D immunoglobulin;
855          (iii) sterile water;
856          (iv) one dose of intramuscular oxytocin after the delivery of a baby to minimize a
857     client's blood loss;
858          (v) an additional single dose of oxytocin if a hemorrhage occurs, in which case the
859     licensed direct-entry midwife must initiate transfer if a client's condition does not immediately
860     improve;
861          (vi) oxygen;
862          (vii) local anesthetics without epinephrine used in accordance with Subsection [(8)(l)]
863     (7)(l);
864          (viii) vitamin K to prevent hemorrhagic disease of a newborn baby;
865          (ix) as required by law, eye prophylaxis to prevent opthalmia neonatorum; and
866          (x) any other medication approved by a licensed health care provider with authority to
867     prescribe that medication;
868          (g) obtaining food, food extracts, dietary supplements, as defined by the federal Food,
869     Drug, and Cosmetic Act, homeopathic remedies, plant substances that are not designated as
870     prescription drugs or controlled substances, and over-the-counter medications to administer to
871     clients;
872          (h) obtaining and using appropriate equipment and devices such as a Doppler, a blood
873     pressure cuff, phlebotomy supplies, instruments, and sutures;
874          (i) obtaining appropriate screening and testing, including laboratory tests, urinalysis,
875     and ultrasound scans;
876          (j) managing the antepartum period;
877          (k) managing the intrapartum period, including:
878          (i) monitoring and evaluating the condition of a mother and a fetus;
879          (ii) performing an emergency episiotomy; and
880          (iii) delivering a baby in any out-of-hospital setting;
881          (l) managing the postpartum period, including the suturing of an episiotomy and the
882     suturing of first and second degree natural perineal and labial lacerations, including the
883     administration of a local anesthetic;
884          (m) managing the newborn period, including:
885          (i) providing care for a newborn baby, including performing a normal newborn baby
886     examination; and
887          (ii) resuscitating a newborn baby;
888          (n) providing limited interconceptual services in order to provide continuity of care,
889     including:
890          (i) breastfeeding support and counseling;
891          (ii) family planning, limited to natural family planning, cervical caps, and diaphragms;
892     and
893          (iii) pap smears, where each client with an abnormal result is to be referred to an
894     appropriate licensed health care provider; and
895          (o) executing the orders of a licensed health care professional, if the orders are within
896     the education, knowledge, and skill of the direct-entry midwife.
897          [(9)] (8) "Unlawful conduct" means the same as that term is defined in Sections
898     58-1-501 and 58-77-501.
899          [(10)] (9) "Unprofessional conduct" means the same as that term is defined in Sections
900     58-1-501 and 58-77-502 and as may be further defined by rule.
901          Section 22. Section 58-77-302 is amended to read:
902          58-77-302. Qualifications for licensure.
903          Each applicant for licensure as a licensed direct-entry midwife shall:
904          (1) submit an application in a form prescribed by the division;
905          (2) pay a fee as determined by the department under Section 63J-1-504;
906          (3) hold a Certified Professional Midwife certificate in good standing with the North
907     American Registry of Midwives or equivalent certification approved by the division [in
908     collaboration with the board];
909          (4) hold current adult and infant CPR and newborn resuscitation certifications through
910     an organization approved by the division [in collaboration with the board]; and
911          (5) provide documentation of successful completion of an approved pharmacology
912     course as defined by division rule.
913          Section 23. Section 58-83-102 is amended to read:
914          58-83-102. Definitions.
915          In addition to the definitions in Section 58-1-102, as used in this chapter:
916          [(1) "Board" means the Online Prescribing, Dispensing, and Facilitation Licensing
917     Board created in Section 58-83-201.]
918          [(2)] (1) "Branching questionnaire" means an adaptive and progressive assessment tool
919     [approved by the board].
920          [(3)] (2) "Delivery of online pharmaceutical services" means the process in which a
921     prescribing practitioner diagnoses a patient and prescribes one or more of the drugs authorized
922     by Section 58-83-306, using:
923          (a) a branching questionnaire or other assessment tool approved by the division for the
924     purpose of diagnosing and assessing a patient's health status;
925          (b) an Internet contract pharmacy to:
926          (i) dispense the prescribed drug; or
927          (ii) transfer the prescription to another pharmacy; and
928          (c) an Internet facilitator to facilitate the practices described in Subsections [(3)(a) and
929     (b)] (2)(a) and (b).
930          [(4)] (3) "Division" means the Division of Professional Licensing.
931          [(5)] (4) "Internet facilitator" means a licensed provider of a web-based system for
932     electronic communication between and among an online prescriber, the online prescriber's
933     patient, and the online contract pharmacy.
934          [(6)] (5) "Online contract pharmacy" means a pharmacy licensed and in good standing
935     under Chapter 17b, Pharmacy Practice Act, as either a Class A Retail Pharmacy or a Class B
936     Closed Door Pharmacy and licensed under this chapter to fulfill prescriptions issued by an
937     online prescriber through a specific Internet facilitator.
938          [(7)] (6) "Online prescriber" means a person:
939          (a) licensed under another chapter of this title;
940          (b) whose license under another chapter of this title includes assessing, diagnosing, and
941     prescribing authority for humans; and
942          (c) who has obtained a license under this chapter to engage in online prescribing.
943          [(8)] (7) "Unlawful conduct" is as defined in Sections 58-1-501 and 58-83-501.
944          [(9)] (8) "Unprofessional conduct" is as defined in Sections 58-1-203 and 58-83-502,
945     and as further defined by the division in accordance with Title 63G, Chapter 3, Utah
946     Administrative Rulemaking Act.
947          Section 24. Section 58-83-302 is amended to read:
948          58-83-302. Qualifications for licensure.
949          (1) Each applicant for licensure as an online prescriber under this chapter shall:
950          (a) submit an application in a form prescribed by the division;
951          (b) pay a fee determined by the department under Section 63J-1-504;
952          (c) document that the applicant holds a Utah license that is active and in good standing
953     and authorizes the licensee to engage in the assessment, diagnosis, and treatment of human
954     ailments and the prescription of medications;
955          (d) document that any other professional license the applicant possesses from other
956     jurisdictions is in good standing;
957          (e) (i) submit to the division an outline of the applicant's proposed online assessment,
958     diagnosis, and prescribing tool, such as a branching questionnaire; and
959          (ii) demonstrate the proposed online assessment, diagnosis, and prescribing tool to the
960     [board] division and establish to the [board's] division's satisfaction that the utilization of that
961     assessment tool to facilitate the prescription of the drugs approved for online prescribing under
962     Section 58-83-305 does not compromise the public's health, safety, or welfare;
963          (f) submit policies and procedures that address patient confidentiality, including
964     measures that will be taken to ensure that the age and other identifying information of the
965     person completing the online branching questionnaire are accurate;
966          (g) describe the mechanism by which the online prescriber and patient will
967     communicate with one another, including electronic and telephonic communication;
968          (h) describe how the online prescriber/patient relationship will be established and
969     maintained;
970          (i) submit the name, address, and contact person of the Internet facilitator with whom
971     the online prescriber has contracted to provide services that the online prescriber will use to
972     engage in online assessment, diagnosis, and prescribing; and
973          (j) submit documentation satisfactory to the [board] division regarding public health,
974     safety, and welfare demonstrating:
975          (i) how the online prescriber will comply with the requirements of Section 58-83-305;
976          (ii) the contractual services arrangement between the online prescriber and:
977          (A) the Internet facilitator; and
978          (B) the online contract pharmacy; and
979          (iii) how the online prescriber will allow and facilitate the division's ability to conduct
980     audits in accordance with Section 58-83-308.
981          (2) An online prescriber may not use the services of an Internet facilitator or online
982     contract pharmacy whose license is not active and in good standing.
983          (3) Each applicant for licensure as an online contract pharmacy under this chapter
984     shall:
985          (a) be licensed in good standing in Utah as a Class A Retail Pharmacy or a Class B
986     Closed Door Pharmacy;
987          (b) submit a written application in the form prescribed by the division;
988          (c) pay a fee as determined by the department under Section 63J-1-504;
989          (d) submit any contract between the applicant and the Internet facilitator with which
990     the applicant is or will be affiliated;
991          (e) submit proof of liability insurance acceptable to the division that expressly covers
992     all activities the online contract pharmacy will engage in under this chapter, which coverage
993     shall be in a minimum amount of $1,000,000 per occurrence with a policy limit of not less than
994     $3,000,000;
995          (f) submit a signed affidavit to the division attesting that the online contract pharmacy
996     will not dispense a drug that is prescribed by an online prescriber engaged in the delivery of
997     online pharmaceutical services under the provisions of this chapter unless:
998          (i) the drug is specifically approved by the division under Section 58-83-306; and
999          (ii) both the prescribing and the dispensing of the drug were facilitated by the Internet
1000     facilitator with whom the Internet contract pharmacy is associated under Subsection (3)(d);
1001          (g) document that any other professional license the applicant possesses from other
1002     jurisdictions is active and in good standing; and
1003          (h) demonstrate to the division that the applicant has satisfied any background check
1004     required by Section 58-17b-307, and each owner, officer, or manager of the applicant online
1005     contract pharmacy has not engaged in any act, practice, or omission, which when considered
1006     with the duties and responsibilities of a licensee under this chapter indicates there is cause to
1007     believe that issuing a license under this chapter is inconsistent with the public's health, safety,
1008     or welfare.
1009          (4) Each applicant for licensure as an Internet facilitator under this chapter shall:
1010          (a) submit a written application in the form prescribed by the division;
1011          (b) pay a fee as determined by the department under Section 63J-1-504;
1012          (c) submit any contract between the applicant and the following with which the
1013     applicant will be affiliated:
1014          (i) each online prescriber; and
1015          (ii) the single online contract pharmacy;
1016          (d) submit written policies and procedures satisfactory to the division that:
1017          (i) address patient privacy, including compliance with 45 C.F.R. Parts 160, 162, and
1018     164, Health Insurance Portability and Accountability Act of 1996;
1019          (ii) ensure compliance with all applicable laws by health care personnel and the online
1020     prescriber who will process patient communications;
1021          (iii) list the hours of operation;
1022          (iv) describe the types of services that will be permitted electronically;
1023          (v) describe the required patient information to be included in the communication, such
1024     as patient name, identification number, and type of transaction;
1025          (vi) establish procedures for archiving and retrieving information; and
1026          (vii) establish quality oversight mechanisms;
1027          (e) submit written documentation of the applicant's security measures to ensure the
1028     confidentiality and integrity of any user-identifiable medical information;
1029          (f) submit a description of the mechanism for:
1030          (i) patients to access, supplement, and amend patient-provided personal health
1031     information;
1032          (ii) back-up regarding the Internet facilitator electronic interface;
1033          (iii) the quality of information and services provided via the interface; and
1034          (iv) patients to register complaints regarding the Internet facilitator, the online
1035     prescriber, or the online contract pharmacy;
1036          (g) submit a copy of the Internet facilitator's website;
1037          (h) sign an affidavit attesting that:
1038          (i) the applicant will not access any medical records or information contained in the
1039     medical record except as necessary to administer the website and the branching questionnaire;
1040     and
1041          (ii) the applicant and its principals, and any entities affiliated with them, will only use
1042     the services of a single online contract pharmacy named on the license approved by the
1043     division; and
1044          (i) submit any other information required by the division.
1045          Section 25. Section 58-83-401 is amended to read:
1046          58-83-401. Grounds for denial of license -- Disciplinary proceedings --
1047     Termination of authority to prescribe -- Immediate and significant danger.
1048          (1) Grounds for refusing to issue a license to an applicant, for refusing to renew the
1049     license of a licensee, for revoking, suspending, restricting, or placing on probation the license
1050     of a licensee, for issuing a public reprimand to a licensee, and for issuing a cease and desist
1051     order:
1052          (a) shall be in accordance with Section 58-1-401; and
1053          (b) includes:
1054          (i) prescribing, dispensing, or facilitating the prescribing or dispensing of a drug not
1055     approved by the [board] division under Section 58-83-306; or
1056          (ii) any other violation of this chapter.
1057          (2) The termination or expiration of a license under this chapter for any reason does not
1058     limit the division's authority to start or continue any investigation or adjudicative proceeding.
1059          (3) (a) Because of the working business relationship between and among the online
1060     prescriber, the Internet facilitator, and the online contract pharmacy, each entity's ability to
1061     comply with this chapter may depend in some respects on the actions of the others.
1062          (b) It is possible that a particular action or inaction by the online prescriber, the Internet
1063     facilitator, or the online contract pharmacy could have the effect of causing the other licensed
1064     entities to be out of compliance with this chapter, and each entity may, therefore, be held
1065     accountable for any related party's non-compliance, if the party knew or reasonably should
1066     have known of the other person's non-compliance.
1067          (4) (a) An online prescriber may lose the practitioner's professional license to prescribe
1068     any drug under this title if the online prescriber knew or reasonably should have known that the
1069     provisions of this chapter were violated by the online prescriber, the Internet facilitator, or the
1070     online contract pharmacy.
1071          (b) It is not a defense to an alleged violation under this chapter that the alleged
1072     violation was a result of an action or inaction not by the charged party but by the related online
1073     prescriber, the online contract pharmacy, or the Internet facilitator.
1074          (5) The following actions may result in an immediate suspension of the online
1075     prescriber's license, the online contract pharmacy's license, or the Internet facilitator's license,
1076     and each is considered an immediate and significant danger to the public health, safety, or
1077     welfare requiring immediate action by the division pursuant to Section 63G-4-502 to terminate
1078     the delivery of online pharmaceutical services by the licensee:
1079          (a) online prescribing, dispensing, or facilitation with respect to:
1080          (i) a person who is younger than 18 years old;
1081          (ii) a legend drug not authorized by the division in accordance with Section 58-83-306;
1082     and
1083          (iii) any controlled substance;
1084          (b) violating this chapter after having been given reasonable opportunity to cure the
1085     violation;
1086          (c) using the name or official seal of the state, the department, or the division, or their
1087     boards, in an unauthorized manner; or
1088          (d) failing to respond to a request from the division within the time frame requested
1089     for:
1090          (i) an audit of the website; or
1091          (ii) records of the online prescriber, the Internet facilitator, or the online contract
1092     pharmacy.
1093          Section 26. Section 63A-16-107 is amended to read:
1094          63A-16-107. Utah Open Data Portal Website.
1095          (1) As used in this section:
1096          (a) "Governmental entity" means the same as that term is defined in Section
1097     63G-2-103.
1098          (b) "Public information" means:
1099          (i) a record of a state governmental entity, a local governmental entity, or an
1100     independent entity that is classified as public under Title 63G, Chapter 2, Government Records
1101     Access and Management Act; or
1102          (ii) subject to any specific limitations and requirements regarding the provision of
1103     financial information from the entity under Section 67-3-12, for an entity that is exempt from
1104     Title 63G, Chapter 2, Government Records Access and Management Act, records that would
1105     normally be classified as public if the entity were not exempt from Title 63G, Chapter 2,
1106     Government Records Access and Management Act.
1107          (c) "Private, controlled, or protected information" means information classified as
1108     private, controlled, or protected under Title 63G, Chapter 2, Government Records Access and
1109     Management Act.
1110          (d) "Website" means the Utah Open Data Portal Website created in this section.
1111          (2) There is created the Utah Open Data Portal Website to be administered by the
1112     division.
1113          (3) The website shall serve as a point of access for public information.
1114          (4) The division shall:
1115          (a) establish and maintain the website[, guided by the principles described in
1116     Subsection 63A-18-202(2)];
1117          (b) provide equipment, resources, and personnel as needed to establish and maintain
1118     the website;
1119          (c) provide a mechanism for a governmental entity to gain access to the website for the
1120     purpose of posting and modifying public information; and
1121          (d) maintain an archive of all public information posted to the website.
1122          (5) The timing for posting and the content of the public information posted to the
1123     website is the responsibility of the governmental entity posting the public information.
1124          (6) A governmental entity may not post private, controlled, or protected information to
1125     the website.
1126          (7) A person who negligently discloses private, controlled, or protected information is
1127     not criminally or civilly liable for improper disclosure of the information if the information is
1128     disclosed solely as a result of the preparation or publication of the website.
1129          Section 27. Section 63I-1-226 is amended to read:
1130          63I-1-226. Repeal dates: Titles 26 through 26B.
1131          [(1) Section 26-1-7.5, which creates the Utah Health Advisory Council, is repealed
1132     July 1, 2025.]
1133          [(2) Section 26-1-40 is repealed July 1, 2022.]
1134          [(3)] (1) Section 26-1-41 is repealed July 1, 2026.
1135          [(4)] (2) Section 26-1-43 is repealed December 31, 2025.
1136          [(5)] (3) Section 26-7-10 is repealed July 1, 2025.
1137          [(6)] (4) Subsection 26-7-11(5), regarding reports to the Legislature, is repealed July 1,
1138     2028.
1139          [(7)] (5) Section 26-7-14 is repealed December 31, 2027.
1140          [(8)] (6) Section 26-8a-603 is repealed July 1, 2027.
1141          [(9)] (7) Title 26, Chapter 9f, Utah Digital Health Service Commission Act, is repealed
1142     July 1, 2025.
1143          [(10)] (8) Subsection 26-10-6(5), which creates the Newborn Hearing Screening
1144     Committee, is repealed July 1, 2026.
1145          [(11)] (9) Section 26-10b-106, which creates the Primary Care Grant Committee, is
1146     repealed July 1, 2025.
1147          [(12) Subsection 26-15c-104(3), relating to a limitation on the number of
1148     microenterprise home kitchen permits that may be issued, is repealed July 1, 2022.]
1149          [(13)] (10) Subsection 26-18-2.6(9), which addresses reimbursement for dental
1150     hygienists, is repealed July 1, 2028.
1151          [(14)] (11) Section 26-18-27 is repealed July 1, 2025.
1152          [(15)] (12) Section 26-18-28 is repealed June 30, 2027.
1153          [(16)] (13) Title 26, Chapter 18, Part 2, Drug Utilization Review Board, is repealed
1154     July 1, 2027.
1155          [(17)] (14) Subsection 26-18-418(2), the language that states "and the Behavioral
1156     Health Crisis Response Commission created in Section 63C-18-202" is repealed July 1, 2023.
1157          [(18)] (15) Section 26-33a-117 is repealed December 31, 2023.
1158          [(19)] (16) Title 26, Chapter 33a, Utah Health Data Authority Act, is repealed July 1,
1159     2024.
1160          [(20)] (17) Title 26, Chapter 36b, Inpatient Hospital Assessment Act, is repealed July
1161     1, 2024.
1162          [(21)] (18) Title 26, Chapter 36c, Medicaid Expansion Hospital Assessment Act, is
1163     repealed July 1, 2024.
1164          [(22)] (19) Title 26, Chapter 36d, Hospital Provider Assessment Act, is repealed July
1165     1, 2024.
1166          [(23) Section 26-39-201, which creates the Residential Child Care Licensing Advisory
1167     Committee, is repealed July 1, 2024.]
1168          [(24)] (20) Section 26-39-405, Drinking water quality in child care centers, is repealed
1169     July 1, 2027.
1170          [(25)] (21) Section 26-40-104, which creates the Utah Children's Health Insurance
1171     Program Advisory Council, is repealed July 1, 2025.
1172          [(26)] (22) Section 26-50-202, which creates the Traumatic Brain Injury Advisory
1173     Committee, is repealed July 1, 2025.
1174          [(27)] (23) Title 26, Chapter 54, Spinal Cord and Brain Injury Rehabilitation Fund and
1175     Pediatric Neuro-Rehabilitation Fund, is repealed January 1, 2025.
1176          [(28)] (24) Title 26, Chapter 66, Early Childhood Utah Advisory Council, is repealed
1177     July 1, 2026.
1178          [(29)] (25) Title 26, Chapter 68, COVID-19 Vaccine Restrictions Act, is repealed July
1179     1, 2024.
1180          [(30)] (26) Section 26-69-406 is repealed July 1, 2025.
1181          [(31) Subsection 26B-1-204(2)(i), related to the Residential Child Care Licensing
1182     Advisory Committee, is repealed July 1, 2024.]
1183          [(32)] (27) Subsection [26B-1-204(2)(k)] 26B-1-204(2)(i), related to the Primary Care
1184     Grant Committee, is repealed July 1, 2025.
1185          Section 28. Section 63I-1-263 is amended to read:
1186          63I-1-263. Repeal dates: Titles 63A through 63N.
1187          (1) Subsection 63A-5b-405(5), relating to prioritizing and allocating capital
1188     improvement funding, is repealed July 1, 2024.
1189          (2) Section 63A-5b-1003, State Facility Energy Efficiency Fund, is repealed July 1,
1190     2023.
1191          (3) Sections 63A-9-301 and 63A-9-302, related to the Motor Vehicle Review
1192     Committee, are repealed July 1, 2023.
1193          [(4) In relation to the Utah Transparency Advisory Board, on January 1, 2025:]
1194          [(a) Section 63A-18-102 is repealed;]
1195          [(b) Section 63A-18-201 is repealed; and]
1196          [(c) Section 63A-18-202 is repealed.]
1197          [(5)] (4) Title 63C, Chapter 4a, Constitutional and Federalism Defense Act, is repealed
1198     July 1, 2028.
1199          [(6)] (5) Title 63C, Chapter 6, Utah Seismic Safety Commission, is repealed January 1,
1200     2025.
1201          [(7)] (6) Title 63C, Chapter 12, Snake Valley Aquifer Advisory Council, is repealed
1202     July 1, 2024.
1203          [(8)] (7) Title 63C, Chapter 17, Point of the Mountain Development Commission Act,
1204     is repealed July 1, 2023.
1205          [(9)] (8) Title 63C, Chapter 18, Behavioral Health Crisis Response Commission, is
1206     repealed July 1, 2023.
1207          [(10)] (9) Title 63C, Chapter 23, Education and Mental Health Coordinating Council,
1208     is repealed July 1, 2026.
1209          [(11)] (10) Title 63C, Chapter 27, Cybersecurity Commission, is repealed July 1, 2032.
1210          [(12)] (11) Title 63C, Chapter 28, Ethnic Studies Commission, is repealed July 1,
1211     2026.
1212          [(13)] (12) Section 63G-6a-805, which creates the Purchasing from Persons with
1213     Disabilities Advisory Board, is repealed July 1, 2026.
1214          [(14)] (13) Title 63G, Chapter 21, Agreements to Provide State Services, is repealed
1215     July 1, 2028.
1216          [(15)] (14) Title 63H, Chapter 4, Heber Valley Historic Railroad Authority, is repealed
1217     July 1, 2024.
1218          [(16)] (15) Title 63H, Chapter 8, Utah Housing Corporation Act, is repealed July 1,
1219     2026.
1220          [(17)] (16) Subsection 63J-1-602.1(17), relating to the Nurse Home Visiting Restricted
1221     Account, is repealed July 1, 2026.
1222          [(18)] (17) Subsection 63J-1-602.2(6), referring to dedicated credits to the Utah
1223     Marriage Commission, is repealed July 1, 2023.
1224          [(19) Subsection 63J-1-602.2(7), referring to the Trip Reduction Program, is repealed
1225     July 1, 2022.]
1226          [(20)] (18) Subsection 63J-1-602.2(26), related to the Utah Seismic Safety
1227     Commission, is repealed January 1, 2025.
1228          [(21)] (19) Title 63L, Chapter 11, Part 4, Resource Development Coordinating
1229     Committee, is repealed July 1, 2027.
1230          [(22)] (20) In relation to the Utah Substance Use and Mental Health Advisory Council,
1231     on January 1, 2033:
1232          (a) Sections 63M-7-301, 63M-7-302, 63M-7-303, 63M-7-304, and 63M-7-306 are
1233     repealed;
1234          (b) Section 63M-7-305, the language that states "council" is replaced with
1235     "commission";
1236          (c) Subsection 63M-7-305(1)(a) is repealed and replaced with:
1237          "(1) "Commission" means the Commission on Criminal and Juvenile Justice."; and
1238          (d) Subsection 63M-7-305(2) is repealed and replaced with:
1239          "(2) The commission shall:
1240          (a) provide ongoing oversight of the implementation, functions, and evaluation of the
1241     Drug-Related Offenses Reform Act; and
1242          (b) coordinate the implementation of Section 77-18-104 and related provisions in
1243     Subsections 77-18-103(2)(c) and (d).".
1244          [(23)] (21) The Crime Victim Reparations and Assistance Board, created in Section
1245     63M-7-504, is repealed July 1, 2027.
1246          [(24)] (22) Title 63M, Chapter 11, Utah Commission on Aging, is repealed July 1,
1247     2026.
1248          [(25)] (23) Title 63N, Chapter 1b, Part 4, Women in the Economy Subcommittee, is
1249     repealed January 1, 2025.
1250          [(26)] (24) Title 63N, Chapter 2, Part 2, Enterprise Zone Act, is repealed July 1, 2028.
1251          [(27)] (25) Section 63N-2-512, related to the Hotel Impact Mitigation Fund, is repealed
1252     July 1, 2028.
1253          [(28)] (26) Title 63N, Chapter 3, Part 9, Strategic Innovation Grant Pilot Program, is
1254     repealed July 1, 2027.
1255          [(29)] (27) Title 63N, Chapter 3, Part 11, Manufacturing Modernization Grant
1256     Program, is repealed July 1, 2025.
1257          [(30)] (28) In relation to the Rural Employment Expansion Program, on July 1, 2023:
1258          (a) Title 63N, Chapter 4, Part 4, Rural Employment Expansion Program, is repealed;
1259     and
1260          (b) Subsection 63N-4-805(5)(b), referring to the Rural Employment Expansion
1261     Program, is repealed.
1262          [(31)] (29) In relation to the Board of Tourism Development, on July 1, 2025:
1263          (a) Subsection 63N-2-511(1)(b), which defines "tourism board," is repealed;
1264          (b) Subsections 63N-2-511(3)(a) and (5), the language that states "tourism board" is
1265     repealed and replaced with "Utah Office of Tourism";
1266          (c) Subsection 63N-7-101(1), which defines "board," is repealed;
1267          (d) Subsection 63N-7-102(3)(c), which requires the Utah Office of Tourism to receive
1268     approval from the Board of Tourism Development, is repealed; and
1269          (e) Title 63N, Chapter 7, Part 2, Board of Tourism Development, is repealed.
1270          [(32)] (30) Subsection 63N-8-103(3)(c), which allows the Governor's Office of
1271     Economic Opportunity to issue an amount of tax credit certificates only for rural productions,
1272     is repealed on July 1, 2024.
1273          Section 29. Section 63I-2-226 is amended to read:
1274          63I-2-226. Repeal dates: Titles 26 through 26B.
1275          [(1) Subsection 26-2-12.6(3), relating to the report for birth certificate fees, is repealed
1276     December 31, 2022.]
1277          [(2)] (1) Subsection 26-7-8(3) is repealed January 1, 2027.
1278          [(3)] (2) Section 26-8a-107 is repealed July 1, 2024.
1279          [(4) Subsection 26-8a-203(3)(a)(i) is repealed January 1, 2023.]
1280          [(5)] (3) Section 26-8a-211 is repealed July 1, 2023.
1281          [(6)] (4) In relation to the Air Ambulance Committee, on July 1, 2024, Subsection
1282     26-8a-602(1)(a) is amended to read:
1283          "(a) provide the patient or the patient's representative with the following information
1284     before contacting an air medical transport provider:
1285          (i) which health insurers in the state the air medical transport provider contracts with;
1286          (ii) if sufficient data is available, the average charge for air medical transport services
1287     for a patient who is uninsured or out of network; and
1288          (iii) whether the air medical transport provider balance bills a patient for any charge not
1289     paid by the patient's health insurer; and".
1290          [(7) Subsection 26-18-2.4(3)(e) is repealed January 1, 2023.]
1291          [(8) Subsection 26-18-411(8), related to reporting on the health coverage improvement
1292     program, is repealed January 1, 2023.]
1293          [(9)] (5) Subsection 26-18-420(5), related to reporting on coverage for in vitro
1294     fertilization and genetic testing, is repealed July 1, 2030.
1295          [(10)] (6) In relation to the Air Ambulance Committee, July 1, 2024, Subsection
1296     26-21-32(1)(a) is amended to read:
1297          "(a) provide the patient or the patient's representative with the following information
1298     before contacting an air medical transport provider:
1299          (i) which health insurers in the state the air medical transport provider contracts with;
1300          (ii) if sufficient data is available, the average charge for air medical transport services
1301     for a patient who is uninsured or out of network; and
1302          (iii) whether the air medical transport provider balance bills a patient for any charge not
1303     paid by the patient's health insurer; and".
1304          [(11) Subsection 26-33a-106.1(2)(a) is repealed January 1, 2023.]
1305          [(12)] (7) Title 26, Chapter 46, Utah Health Care Workforce Financial Assistance
1306     Program, is repealed July 1, 2027.
1307          [(13) Subsection 26-61-202(4)(b) is repealed January 1, 2022.]
1308          [(14) Subsection 26-61-202(5) is repealed January 1, 2022.]
1309          [(15)] (8) Subsection [26B-1-204(2)(f)] 26B-1-204(2)(e), relating to the Air
1310     Ambulance Committee, is repealed July 1, 2024.
1311          Section 30. Section 67-1-2.5 is amended to read:
1312          67-1-2.5. Executive boards -- Database -- Governor's review of new boards.
1313          (1) As used in this section:
1314          (a) "Administrator" means the boards and commissions administrator designated under
1315     Subsection (3).
1316          (b) "Executive board" means an executive branch board, commission, council,
1317     committee, working group, task force, study group, advisory group, or other body:
1318          (i) with a defined limited membership;
1319          (ii) that is created by the constitution, by statute, by executive order, by the governor,
1320     lieutenant governor, attorney general, state auditor, or state treasurer or by the head of a
1321     department, division, or other administrative subunit of the executive branch of state
1322     government; and
1323          (iii) that is created to operate for more than six months.
1324          (2) (a) Except as provided in Subsection (2)(c), before August 1 of the calendar year
1325     following the year in which a new executive board is created in statute, the governor shall:
1326          (i) review the executive board to evaluate:
1327          (A) whether the executive board accomplishes a substantial governmental interest; and
1328          (B) whether it is necessary for the executive board to remain in statute;
1329          (ii) in the governor's review described in Subsection (2)(a)(i), consider:
1330          (A) the funding required for the executive board;
1331          (B) the staffing resources required for the executive board;
1332          (C) the time members of the executive board are required to commit to serve on the
1333     executive board; and
1334          (D) whether the responsibilities of the executive board could reasonably be
1335     accomplished through an existing entity or without statutory direction; and
1336          (iii) submit a report to the Government Operations Interim Committee recommending
1337     that the Legislature:
1338          (A) repeal the executive board;
1339          (B) add a sunset provision or future repeal date to the executive board;
1340          (C) make other changes to make the executive board more efficient; or
1341          (D) make no changes to the executive board.
1342          (b) In conducting the evaluation described in Subsection (2)(a), the governor shall give
1343     deference to:
1344          (i) reducing the size of government; and
1345          (ii) making governmental programs more efficient and effective.
1346          (c) The governor is not required to conduct the review or submit the report described in
1347     Subsection (2)(a) for an executive board that is scheduled for repeal under Title 63I, Chapter 1,
1348     Legislative Oversight and Sunset Act, or Title 63I, Chapter 2, Repeal Dates by Title Act.
1349          (3) (a) The governor shall designate a board and commissions administrator from the
1350     governor's staff to maintain a computerized database containing information about all
1351     executive boards.
1352          (b) The administrator shall ensure that the database contains:
1353          (i) the name of each executive board;
1354          (ii) the current statutory or constitutional authority for the creation of the executive
1355     board;
1356          (iii) the sunset date on which each executive board's statutory authority expires;
1357          (iv) the state officer or department and division of state government under whose
1358     jurisdiction the executive board operates or with which the executive board is affiliated, if any;
1359          (v) the name, address, gender, telephone number, and county of each individual
1360     currently serving on the executive board, along with a notation of all vacant or unfilled
1361     positions;
1362          (vi) the title of the position held by the person who appointed each member of the
1363     executive board;
1364          (vii) the length of the term to which each member of the executive board was
1365     appointed and the month and year that each executive board member's term expires;
1366          (viii) whether members appointed to the executive board require the advice and
1367     consent of the Senate;
1368          (ix) the organization, interest group, profession, local government entity, or geographic
1369     area that an individual appointed to an executive board represents, if any;
1370          (x) the party affiliation of an individual appointed to an executive board, if the statute
1371     or executive order creating the position requires representation from political parties;
1372          (xi) whether each executive board is a policy board or an advisory board;
1373          (xii) whether the executive board has or exercises rulemaking authority, or is a
1374     rulemaking board as defined in Section 63G-24-102; and
1375          (xiii) any compensation and expense reimbursement that members of the executive
1376     board are authorized to receive.
1377          (4) The administrator shall ensure the governor's website includes:
1378          (a) the information contained in the database, except for an individual's:
1379          (i) physical address;
1380          (ii) email address; and
1381          (iii) telephone number;
1382          (b) a portal, accessible on each executive board's web page within the governor's
1383     website, through which a member of the public may provide input on:
1384          (i) an individual appointed to serve on the executive board; or
1385          (ii) a sitting member of the executive board;
1386          (c) each report the administrator receives under Subsection (5); and
1387          (d) the summary report described in Subsection (6).
1388          (5) (a) Before August 1, once every five years, beginning in calendar year 2024, each
1389     executive board shall prepare and submit to the administrator a report that includes:
1390          (i) the name of the executive board;
1391          (ii) a description of the executive board's official function and purpose;
1392          (iii) a description of the actions taken by the executive board since the last report the
1393     executive board submitted to the administrator under this Subsection (5);
1394          (iv) recommendations on whether any statutory, rule, or other changes are needed to
1395     make the executive board more effective; and
1396          (v) an indication of whether the executive board should continue to exist.
1397          (b) The administrator shall compile and post the reports described in Subsection (5)(a)
1398     to the governor's website before September 1 of a calendar year in which the administrator
1399     receives a report described in Subsection (5)(a).
1400          (6) (a) Before September 1 of a calendar year in which the administrator receives a
1401     report described in Subsection (5)(a), the administrator shall prepare a report that includes:
1402          (i) as of July 1 of that year, the total number of executive boards that exist;
1403          (ii) a summary of the reports submitted to the administrator under Subsection (5),
1404     including:
1405          (A) a list of each executive board that submitted a report under Subsection (5);
1406          (B) a list of each executive board that did not submit a report under Subsection (5);
1407          (C) an indication of any recommendations made under Subsection (5)(a)(iv); and
1408          (D) a list of any executive boards that indicated under Subsection (5)(a)(v) that the
1409     executive board should no longer exist; and
1410          (iii) a list of each executive board, identified and reported by the Division of Archives
1411     and Record Services under Section 63A-16-601, that did not post a notice of a public meeting
1412     on the Utah Public Notice Website during the previous fiscal year.
1413          (b) On or before September 1 of a calendar year in which the administrator prepares a
1414     report described in Subsection (6)(a), in accordance with Section 68-3-14, the administrator
1415     shall submit the report to:
1416          (i) the president of the Senate;
1417          (ii) the speaker of the House of Representatives; and
1418          (iii) the Government Operations Interim Committee.
1419          (7) (a) On or before September 30, 2023, the administrator shall meet with the Division
1420     of Professional Licensing, the Insurance Department, the Department of Agriculture and Food,
1421     and the stakeholders involved with at least the following boards as part of the annual review of
1422     executive boards:
1423          (i) the Landscape Architects Board;
1424          (ii) the Professional Geologist Licensing Board;
1425          (iii) the Bail Bond Oversight Board;
1426          (iv) the Title and Escrow Commission; and
1427          (v) the Horse Racing Commission.
1428          (b) The review described in Subsection (7)(a) shall consider:
1429          (i) the funding required for the executive board;
1430          (ii) the staffing resources required for the executive board;
1431          (iii) the time members of the executive board are required to commit to serve on the
1432     executive board;
1433          (iv) whether the responsibilities of the executive board could reasonably be
1434     accomplished through an existing entity or without statutory direction;
1435          (v) the historical record of how many meetings the executive board held in the last five
1436     years and the agendas of the executive board;
1437          (vi) the ability to fill vacancies and appointments to the executive board;
1438          (vii) the statutory duties of the executive board; and
1439          (viii) other items to make the best recommendations for the executive board.
1440          (8) (a) The administrator shall submit a report of the review described in Subsection
1441     (7)(b) to the Government Operations Interim Committee before October 17, 2023,
1442     recommending that the Legislature:
1443          (i) repeal the executive board;
1444          (ii) add a sunset or future repeal date to the executive board;
1445          (iii) make other changes to make the executive board more efficient; or
1446          (iv) make no changes to the executive board.
1447          (b) In conducting the review described in Subsection (7)(b), the administrator shall
1448     give deference to:
1449          (i) reducing the size of government;
1450          (ii) making governmental programs more efficient and effective; and
1451          (iii) reducing the burdens of government on business.
1452          Section 31. Section 72-9-201 is amended to read:
1453          72-9-201. Motor Carrier Advisory Board created -- Appointment -- Terms --
1454     Meetings -- Per diem and expenses -- Duties.
1455          (1) There is created within the department the Motor Carrier Advisory Board
1456     consisting of five members appointed by the [governor] department.
1457          (2) Each member of the board shall:
1458          (a) represent experience and expertise in the areas of motor carrier transportation,
1459     commerce, agriculture, economics, shipping, or highway safety;
1460          (b) be selected at large on a nonpartisan basis; and
1461          (c) have been a legal resident of the state for at least one year immediately preceding
1462     the date of appointment.
1463          (3) (a) Except as required by Subsection (3)(b), as terms of current board members
1464     expire, the [governor] department shall appoint each new member or reappointed member to a
1465     four-year term.
1466          (b) The [governor] department shall, at the time of appointment or reappointment,
1467     adjust the length of terms to ensure that the terms of board members are staggered so that
1468     approximately half of the board is appointed every two years.
1469          (c) A member shall serve from the date of appointment until a replacement is
1470     appointed.
1471          (4) When a vacancy occurs in the membership for any reason, the [governor]
1472     department shall appoint the replacement to serve for the remainder of the unexpired term
1473     beginning the day following the day on which the vacancy occurs.
1474          (5) The board shall elect its own chair and vice chair at the first regular meeting of each
1475     calendar year.
1476          (6) The board shall meet at least twice per year or as needed when called by the chair.
1477          (7) Any three voting members constitute a quorum for the transaction of business that
1478     comes before the board.
1479          (8) A member may not receive compensation or benefits for the member's service, but
1480     may receive per diem and travel expenses in accordance with:
1481          (a) Section 63A-3-106;
1482          (b) Section 63A-3-107; and
1483          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
1484     63A-3-107.
1485          (9) The board shall advise the department and the commission on interpretation,
1486     adoption, and implementation of this chapter and other motor carrier related issues.
1487          (10) The department shall provide staff support to the board.
1488          Section 32. Repealer.
1489          This bill repeals:
1490          Section 26-1-7.5, Health advisory council.
1491          Section 26-39-201, Residential Child Care Licensing Advisory Committee.
1492          Section 41-23-1, Enactment.
1493          Section 41-23-2, Text.
1494          Section 58-49-1, Short title.
1495          Section 58-49-3, Board created -- Duties.
1496          Section 58-71-201, Board.
1497          Section 58-75-101, Title.
1498          Section 58-75-201, Board.
1499          Section 58-77-201, Board.
1500          Section 58-83-101, Title.
1501          Section 58-83-201, Board.
1502          Section 63A-18-102, Definitions.
1503          Section 63A-18-201, Utah Transparency Advisory Board -- Creation --
1504     Membership -- Duties.
1505          Section 63A-18-202, Utah Transparency Advisory Board -- Duties.