Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 123 Fifth Substitute (2023GS)

Sponsor

Sen. Harper, W.

Final action

Governor Signed 3/14/2023

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• repeals the following entities and amends provisions related to the following entities:
• the Residential Child Care Licensing Advisory Committee;
• the Dietitian Board;
• the Genetic Counselors Licensing Board;
• the Online Prescribing, Dispensing, and Facilitation Licensing Board;
• the Licensed Direct Entry Midwife Board;
• the Naturopathic Physicians Licensing Board;
• the Utah Health Advisory Council;
• the Transparency Advisory Board; and
• the Western States Transportation Alliance;
• modifies provisions related to the Motor Carrier Advisory Board;
• modifies provisions related to the Geographic Names Board;
• modifies provisions related to the criminal justice coordinating councils;

Every vote on this bill

Bill text

BOARDS AND COMMISSIONS MODIFICATIONS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Wayne A. Harper
House Sponsor: 
Karen M. Peterson
LONG TITLE
General Description:
This bill repeals and amends provisions related to certain boards and commissions.
Highlighted Provisions:
This bill:
▸ repeals the following entities and amends provisions related to the following
entities:
• the Residential Child Care Licensing Advisory Committee;
• the Dietitian Board;
• the Genetic Counselors Licensing Board;
• the Online Prescribing, Dispensing, and Facilitation Licensing Board;
• the Licensed Direct Entry Midwife Board;
• the Naturopathic Physicians Licensing Board;
• the Utah Health Advisory Council;
• the Transparency Advisory Board; and
• the Western States Transportation Alliance;
▸ modifies provisions related to the Motor Carrier Advisory Board;
▸ modifies provisions related to the Geographic Names Board;
▸ modifies provisions related to the criminal justice coordinating councils;
▸ renames and modifies provisions related to the Child Care Center Licensing
Committee; and
▸ makes technical changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
9-9-113
, as enacted by Laws of Utah 2021, Chapter 189
17-55-201
, as enacted by Laws of Utah 2022, Chapter 187
26-1-2
, as last amended by Laws of Utah 2022, Chapter 255
26-39-102
, as last amended by Laws of Utah 2022, Chapters 21, 255
26-39-200
, as last amended by Laws of Utah 2022, Chapter 255
26-39-203
, as last amended by Laws of Utah 2016, Chapter 74
26B-1-204
, as renumbered and amended by Laws of Utah 2022, Chapter 255
58-49-2
, as last amended by Laws of Utah 1993, Chapter 297
58-49-4
, as last amended by Laws of Utah 2020, Chapter 339
58-49-6
, as enacted by Laws of Utah 1986, Chapter 192
58-71-102
, as last amended by Laws of Utah 2022, Chapter 440
58-71-203
, as enacted by Laws of Utah 2022, Chapter 440
58-71-302
, as last amended by Laws of Utah 2020, Chapter 339
58-71-304
, as last amended by Laws of Utah 2001, Chapter 268
58-71-304.2
, as enacted by Laws of Utah 1996, Chapter 282
58-71-601
, as last amended by Laws of Utah 2013, Chapter 364
58-71-802
, as enacted by Laws of Utah 1996, Chapter 282
58-71-803
, as enacted by Laws of Utah 1996, Chapter 282
58-75-102
, as last amended by Laws of Utah 2008, Chapter 382
58-75-303
, as enacted by Laws of Utah 2001, Chapter 100
58-77-102
, as last amended by Laws of Utah 2017, Chapter 114
58-77-302
, as last amended by Laws of Utah 2020, Chapter 339
58-83-102
, as last amended by Laws of Utah 2022, Chapter 415
58-83-302
, as last amended by Laws of Utah 2022, Chapter 415
58-83-401
, as last amended by Laws of Utah 2022, Chapter 415
63A-16-107
, as enacted by Laws of Utah 2021, Chapter 84
63I-1-226
, as last amended by Laws of Utah 2022, Chapters 194, 206, 224, 253, 255,
347, and 451
63I-1-263
, as last amended by Laws of Utah 2022, Chapters 23, 34, 68, 153, 218, 236,
249, 274, 296, 313, 361, 362, 417, 419, and 472
63I-2-226
, as last amended by Laws of Utah 2022, Chapters 255, 365
67-1-2.5
, as last amended by Laws of Utah 2021, Chapters 84, 345
72-9-201
, as last amended by Laws of Utah 2017, Chapter 96
REPEALS:
26-1-7.5
, as last amended by Laws of Utah 2011, Chapter 297
26-39-201
, as last amended by Laws of Utah 2022, Chapter 255
41-23-1
, as last amended by Laws of Utah 2011, Chapter 202
41-23-2
, as last amended by Laws of Utah 2011, Chapter 202
58-49-1
, as enacted by Laws of Utah 1986, Chapter 192
58-49-3
, as repealed and reenacted by Laws of Utah 1993, Chapter 297
58-71-201
, as last amended by Laws of Utah 1997, Chapter 10
58-75-101
, as enacted by Laws of Utah 2001, Chapter 100
58-75-201
, as enacted by Laws of Utah 2001, Chapter 100
58-77-201
, as last amended by Laws of Utah 2013, Chapter 167
58-83-101
, as enacted by Laws of Utah 2010, Chapter 180
58-83-201
, as enacted by Laws of Utah 2010, Chapter 180
63A-18-102
, as enacted by Laws of Utah 2021, Chapter 84
63A-18-201
, as renumbered and amended by Laws of Utah 2021, Chapter 84
63A-18-202
, as enacted by Laws of Utah 2021, Chapter 84
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
9-9-113
 is amended to read:
9-9-113.
Geographic place names -- Role of division -- Report.
(1) As used in this section[
:
]
, "location name referring to American Indians" means the
name of a place in the state that uses American Indian related terms.
[
(a) "Location name referring to American Indians" means the name of a place in the
state that uses American Indian related terms.
]
[
(b) "Utah Committee on Geographic Names" means the committee created by
executive order of the governor that has a primary function to act as the state's liaison with the
United States Board on Geographic Names and to review geographic name changes and
additions in Utah.
]
(2) (a) To facilitate the United States Board on Geographic Names' application process
for changing a location name referring to American Indians, the division may create an
application template[
, in consultation with the Utah Committee on Geographic Names,
] for the
following to use:
(i) a county in which a place with a location name referring to American Indians is
located;
(ii) an Indian tribe that is connected to the geographic location referring to American
Indians for which the Indian tribe seeks to change the name;
(iii) a local community in and around a place with a location name referring to
American Indians; or
(iv) another person identified by the division [
in consultation with the Utah Committee
on Geographic Names
].
(b) The application template described in Subsection (2)(a) shall encourage an
applicant to solicit feedback from the one or more tribal governments that are connected to the
geographic location for which the applicant is proposing to change the location name referring
to American Indians.
(c) If the division assists a person applying to change the location name referring to
American Indians, the division shall direct the person to consult with any tribal government
that is connected to the geographic location for which the location name referring to American
Indians is proposed to be changed so that a tribal government has an opportunity to provide an
official response.
(d) The division may bring proposed name changes to location names referring to
American Indians to tribal leaders to solicit input from the Indian tribes.
(3) The division shall provide on the division's website resources for applicants and
information about proposed changes to location names referring to American Indians.
(4) In accordance with Section 
9-9-107
, the division shall annually report to the Native
American Legislative Liaison Committee on the division's activities under this section.
Section 2. Section 
17-55-201
 is amended to read:
17-55-201.
Criminal justice coordinating councils -- Creation -- Strategic plan --
Reporting requirements.
(1) (a) Beginning January 1, 2023, a county shall:
(i) create a criminal justice coordinating council; or
(ii) jointly with another county or counties, create a criminal justice coordinating
council.
(b) The purpose of a council is to coordinate and improve components of the criminal
justice system in the county or counties.
(2) (a) A council shall include:
(i) one county commissioner or county council member;
(ii) the county sheriff or the sheriff's designee;
(iii) one chief of police of a municipality within the county or the chief's designee;
(iv) the county attorney or the attorney's designee;
(v) one public defender or attorney who provides public defense within the county;
(vi) one district court judge;
(vii) one justice court judge;
(viii) one representative from the Division of Adult Probation and Parole within the
Department of Corrections;
(ix) one representative from the local mental health authority within the county; and
(x) one individual who is:
(A) a crime victim; or
(B) a victim advocate, as defined in Section 
77-38-403
.
(b) A council may include:
(i) an individual representing:
(A) local government;
(B) human services programs;
(C) higher education;
(D) peer support services;
(E) workforce services;
(F) local housing services;
(G) mental health or substance use disorder providers;
(H) a health care organization within the county;
(I) a local homeless council;
(J) family counseling and support groups; or
(K) organizations that work with families of incarcerated individuals; or
(ii) an individual with lived experiences in the criminal justice system.
[
(3) The member described in Subsection (2)(a)(i) shall serve as chair of the council.
]
(3) A council shall rotate the position of the chair among the members.
(4) (a) A council shall develop and implement a strategic plan for the county's or
counties' criminal justice system that includes:
(i) mapping of all systems, resources, assets, and services within the county's or
counties' criminal justice system;
(ii) a plan for data sharing across the county's or counties' criminal justice system;
(iii) recidivism reduction objectives; and
(iv) community reintegration goals.
(b) The commission may assist a council in the development of a strategic plan.
(5) Before November 30 of each year, a council shall provide a written report to the
commission regarding:
(a) the implementation of a strategic plan described in Subsection (4); and
(b) any data on the impact of the council on the criminal justice system in the county or
counties.
Section 3. Section 
26-1-2
 is amended to read:
26-1-2.
Definitions.
As used in this title:
[
(1) "Council" means the Utah Health Advisory Council.
]
[
(2)
] 
(1)
 "Department" means the Department of Health and Human Services created in
Section 
26B-1-201
.
[
(3)
] 
(2)
 "Executive director" means the executive director of the department appointed
under Section 
26B-1-203
.
[
(4)
] 
(3)
 "Public health authority" means an agency or authority of the United States, a
state, a territory, a political subdivision of a state or territory, an Indian tribe, or a person acting
under a grant of authority from or contract with such an agency, that is responsible for public
health matters as part of its official mandate.
Section 4. Section 
26-39-102
 is amended to read:
26-39-102.
Definitions.
As used in this chapter:
[
(1) "Advisory committee" means the Residential Child Care Licensing Advisory
Committee created in Section 
26B-1-204
.
]
[
(2)
] 
(1)
 "Capacity limit" means the maximum number of qualifying children that a
regulated provider may care for at any given time, in accordance with rules made by the
department.
[
(3)
] 
(2)
 (a) "Center based child care" means child care provided in a facility or
program that is not the home of the provider.
(b) "Center based child care" does not include:
(i) residential child care; or
(ii) care provided in a facility or program exempt under Section 
26-39-403
.
[
(4)
] 
(3)
 "Certified provider" means a person who holds a certificate from the
department under Section 
26-39-402
.
[
(5)
] 
(4)
 "Child care" means continuous care and supervision of a qualifying child, that
is:
(a) in lieu of care ordinarily provided by a parent in the parent's home;
(b) for less than 24 hours a day; and
(c) for direct or indirect compensation.
[
(6)
] 
(5)
 "Child care program" means a child care facility or program operated by a
regulated provider.
[
(7)
] 
(6)
 "Exempt provider" means a person who provides care described in Subsection
26-39-403
(2).
[
(8)
] 
(7)
 "Licensed provider" means a person who holds a license from the department
under Section 
26-39-401
.
[
(9)
] 
(8)
 "Licensing committee" means the Child Care [
Center
] 
Provider
 Licensing
Committee created in Section 
26B-1-204
.
[
(10)
] 
(9)
 "Public school" means:
(a) a school, including a charter school, that:
(i) is directly funded at public expense; and
(ii) provides education to qualifying children for any grade from first grade through
twelfth grade; or
(b) a school, including a charter school, that provides:
(i) preschool or kindergarten to qualifying children, regardless of whether the preschool
or kindergarten is funded at public expense; and
(ii) education to qualifying children for any grade from first grade through twelfth
grade, if each grade, from first grade to twelfth grade, that is provided at the school, is directly
funded at public expense.
[
(11)
] 
(10)
 "Qualifying child" means an individual who is:
(a) (i) under the age of 13 years old; or
(ii) under the age of 18 years old, if the person has a disability; and
(b) a child of:
(i) a person other than the person providing care to the child;
(ii) a regulated provider, if the child is under the age of four; or
(iii) an employee or owner of a licensed child care center, if the child is under the age
of four.
[
(12)
] 
(11)
 "Regulated provider" means a licensed provider or certified provider.
[
(13)
] 
(12)
 "Residential child care" means child care provided in the home of the
provider.
Section 5. Section 
26-39-200
 is amended to read:
26-39-200.
Child Care Provider Licensing Committee.
(1) (a) The licensing committee shall be comprised of [
seven
] 
 members appointed
by the governor and approved by the Senate in accordance with this subsection.
(b) The governor shall appoint three members who:
(i) have at least five years of experience as an owner in or director of a for profit or
not-for-profit center based child care; and
(ii) hold an active license as a child care center from the department to provide center
based child care.
(c) The governor shall appoint two members who hold an active license as a residential
child care provider and one member who is a certified residential child care provider.
[
(c)
] 
(d)
 (i) The governor shall appoint one member to represent each of the following:
(A) a parent with a child in 
a licensed
 center based child care 
facility
;
(B) a parent with a child in a residential based child care facility;
[
(B)
] 
(C)
 a child development expert from the state system of higher education;
[
(C)
] 
(D)
 except as provided in Subsection [
(1)(e)
] 
(1)(f)
, a pediatrician licensed in the
state; [
and
]
(E) a health care provider; and
[
(D)
] 
(F)
 an architect licensed in the state.
(ii) Except as provided in Subsection [
(1)(c)(i)(B)
] 
(1)(d)(i)(C)
, a member appointed
under Subsection [
(1)(c)(i)
] 
(1)(d)(i)
 may not be an employee of the state or a political
subdivision of the state.
[
(d)
] 
(e)
 At least one member described in Subsection (1)(b) shall at the time of
appointment reside in a county that is not a county of the first class.
[
(e)
] 
(f)
 For the appointment described in Subsection [
(1)(c)(i)(C)
] 
(1)(d)(i)(D)
, the
governor may appoint a health care professional who specializes in pediatric health if:
(i) the health care professional is licensed under:
(A) Title 58, Chapter 31b, Nurse Practice Act, as an advanced practice nurse
practitioner; or
(B) Title 58, Chapter 70a, Utah Physician Assistant Act; and
(ii) before appointing a health care professional under this Subsection [
(1)(e)
] 
(1)(f)
,
the governor:
(A) sends a notice to a professional physician organization in the state regarding the
opening for the appointment described in Subsection [
(1)(c)(i)(C)
] 
(1)(d)(i)(D)
; and
(B) receives no applications from a pediatrician who is licensed in the state for the
appointment described in Subsection [
(1)(c)(i)(C)
] 
(1)(d)(i)(D)
 within 90 days after the day on
which the governor sends the notice described in Subsection [
(1)(e)(ii)(A)
] 
(1)(f)(ii)(A)
.
(2) (a) Except as required by Subsection (2)(b), as terms of current members expire, the
governor shall appoint each new member or reappointed member to a four-year term ending
June 30.
(b) Notwithstanding the requirements of Subsection (2)(a), the governor shall, at the
time of appointment or reappointment, adjust the length of terms to ensure that the terms of
members are staggered so that approximately half of the licensing committee is appointed
every two years.
(c) Upon the expiration of the term of a member of the licensing committee, the
member shall continue to hold office until a successor is appointed and qualified.
(d) A member may not serve more than two consecutive terms.
(e) Members of the licensing committee shall annually select one member to serve as
chair who shall establish the agenda for licensing committee meetings.
(3) When a vacancy occurs in the membership for any reason, the governor, with the
advice and consent of the Senate, shall appoint a replacement for the unexpired term.
(4) (a) The licensing committee shall meet at least every two months.
(b) The director may call additional meetings:
(i) at the director's discretion;
(ii) upon the request of the chair; or
(iii) upon the written request of three or more members.
(5) [
Three
] 
Seven
 members of the licensing committee constitute a quorum for the
transaction of business.
(6) A member appointed under Subsection (1)(b) may not vote on any action proposed
by the licensing committee regarding residential child care.
(7) A member appointed under Subsection (1)(c) may not vote on any action proposed
by the licensing committee regarding center based child care.
[
(6)
] 
(8)
 A member of the licensing committee may not receive compensation or
benefits for the member's service, but may receive per diem and travel expenses as allowed in:
(a) Section 
63A-3-106
;
(b) Section 
63A-3-107
; and
(c) rules made by the Division of Finance in accordance with Sections 
63A-3-106
 and
63A-3-107
.
Section 6. Section 
26-39-203
 is amended to read:
26-39-203.
Duties of the Child Care Provider Licensing Committee.
(1) The licensing committee shall:
(a) in concurrence with the department and in accordance with Title 63G, Chapter 3,
Utah Administrative Rulemaking Act, make rules that govern center based child care 
and
residential child care
 as necessary to protect qualifying children's common needs for a safe and
healthy environment, to provide for:
(i) adequate facilities and equipment; and
(ii) competent caregivers considering the age of the children and the type of program
offered by the licensee;
(b) in concurrence with the department and in accordance with Title 63G, Chapter 3,
Utah Administrative Rulemaking Act, make rules necessary to carry out the purposes of this
chapter that govern center based child care 
and residential child care
, in the following areas:
(i) requirements for applications, the application process, and compliance with other
applicable statutes and rules;
(ii) documentation and policies and procedures that providers shall have in place in
order to be licensed, in accordance with Subsection (1);
(iii) categories, classifications, and duration of initial and ongoing licenses;
(iv) changes of ownership or name, changes in licensure status, and changes in
operational status;
(v) license expiration and renewal, contents, and posting requirements;
(vi) procedures for inspections, complaint resolution, disciplinary actions, and other
procedural measures to encourage and assure compliance with statute and rule; and
(vii) guidelines necessary to assure consistency and appropriateness in the regulation
and discipline of licensees;
(c) advise the department on the administration of a matter affecting center based child
care 
and residential child care
;
(d) advise and assist the department in conducting center based child care provider
seminars 
and residential child care seminars
; and
(e) perform other duties as provided under Section 
26-39-301
.
(2) (a) The licensing committee may not enforce the rules adopted under this section.
(b) The department shall enforce the rules adopted under this section in accordance
with Section 
26-39-301
.
Section 7. Section 
26B-1-204
 is amended to read:
26B-1-204.
Creation of boards, divisions, and offices -- Power to organize
department.
(1) The executive director shall make rules in accordance with Title 63G, Chapter 3,
Utah Administrative Rulemaking Act, and not inconsistent with law for:
(a) the administration and government of the department;
(b) the conduct of the department's employees; and
(c) the custody, use, and preservation of the records, papers, books, documents, and
property of the department.
(2) The following policymaking boards, councils, and committees are created within
the Department of Health and Human Services:
(a) Board of Aging and Adult Services;
(b) Utah State Developmental Center Board;
[
(c) Health Advisory Council;
]
[
(d)
] 
(c)
 Health Facility Committee;
[
(e)
] 
(d)
 State Emergency Medical Services Committee;
[
(f)
] 
(e)
 Air Ambulance Committee;
[
(g)
] 
(f)
 Health Data Committee;
[
(h)
] 
(g)
 Utah Health Care Workforce Financial Assistance Program Advisory
Committee;
[
(i) Residential Child Care Licensing Advisory Committee;
]
[
(j)
] 
(h)
 Child Care [
Center
] 
Provider
 Licensing Committee;
[
(k)
] 
(i)
 Primary Care Grant Committee;
[
(l)
] 
(j)
 Adult Autism Treatment Program Advisory Committee;
[
(m)
] 
(k)
 Youth Electronic Cigarette, Marijuana, and Other Drug Prevention
Committee; and
[
(n)
] 
(l)
 any boards, councils, or committees that are created by statute in:
(i) this title;
(ii) Title 26, Utah Health Code; or
(iii) Title 62A, Utah Human Services Code.
(3) The following divisions are created within the Department of Health and Human
Services:
(a) relating to operations:
(i) the Division of Finance and Administration;
(ii) the Division of Licensing and Background Checks;
(iii) the Division of Customer Experience;
(iv) the Division of Data, Systems, and Evaluation; and
(v) the Division of Continuous Quality Improvement;
(b) relating to healthcare administration:
(i) the Division of Integrated Healthcare, which shall include responsibility for:
(A) the state's medical assistance programs; and
(B) behavioral health programs described in Title 62A, Chapter 15, Substance Abuse
and Mental Health Act;
(ii) the Division of Aging and Adult Services; and
(iii) the Division of Services for People with Disabilities; and
(c) relating to community health and well-being:
(i) the Division of Child and Family Services;
(ii) the Division of Family Health;
(iii) the Division of Population Health;
(iv) the Division of Juvenile Justice and Youth Services; and
(v) the Office of Recovery Services.
(4) The executive director may establish offices and bureaus to facilitate management
of the department as required by, and in accordance with:
(a) this title;
(b) Title 26, Utah Health Code; and
(c) Title 62A, Utah Human Services Code.
(5) From July 1, 2022, through June 30, 2023, the executive director may adjust the
organizational structure relating to the department, including the organization of the
department's divisions and offices, notwithstanding the organizational structure described in:
(a) this title;
(b) Title 26, Utah Health Code; or
(c) Title 62A, Utah Human Services Code.
Section 8. Section 
58-49-2
 is amended to read:
58-49-2.
Definitions.
In addition to the definitions in Section 
58-1-102
, as used in this chapter:
[
(1) "Board" means the Dietitian Board created in Section 
58-49-3
.
]
[
(2)
] 
(1)
 "Certified dietitian" means a person who is certified by the division as meeting
the certification requirements provided in this chapter.
[
(3)
] 
(2)
 "Commission on Dietetic Registration" means the credentialing component of
the American Dietetic Association.
[
(4)
] 
(3)
 "Dietetics" means the integration and application of principles derived from
the sciences of food for the development, management, and provision of dietary services for
individuals and groups for meeting their health care needs. "Dietetics" includes:
(a) the evaluation of a person's dietary status;
(b) the advising and education of persons on dietary needs; and
(c) the evaluation of needs, implementation of systems to support needs, and
maintenance of appropriate standards of quality in food and dietary service for individuals,
groups, or patients in licensed institutional facilities or in private office settings.
[
(5)
] 
(4)
 "Unprofessional conduct" as defined in Section 
58-1-501
 and as may be
further defined by rule includes failing to maintain a level of professional practice consistent
with all initial and subsequent requirements by which certification is achieved or maintained
under this chapter.
Section 9. Section 
58-49-4
 is amended to read:
58-49-4.
Qualifications for certification -- Fee.
Each applicant for certification under this chapter shall provide proof satisfactory to the
division that the applicant:
(1) holds a baccalaureate or post-baccalaureate degree conferred by a college or
university approved by the division at the time the degree was conferred with a major course of
study in the sciences of food, dietetics, food systems management, or an equivalent major
course of study;
(2) has completed an internship or preplanned professional baccalaureate or
post-baccalaureate experience in a dietetic program under the supervision of a certified
dietitian who is certified under this chapter or certified, registered, or licensed under the laws of
another state or territory of the United States;
(3) has satisfactorily passed a competency examination, approved by or given at the
direction of the [
board in collaboration with the
] division; and
(4) has paid the appropriate fees determined by the Department of Commerce. The fee
assessed by the Department of Commerce shall be fair and reasonable and shall reflect the cost
of services provided.
Section 10. Section 
58-49-6
 is amended to read:
58-49-6.
Certification of persons qualified in other jurisdictions.
Upon receipt of an application and application fee[
, and upon the recommendation of
the board,
] the division may waive the examination requirement for an applicant who, at the
time of application:
(1) holds a valid dietitian license or certificate issued by another state or territory of the
United States, provided his qualifications meet the requirements of this chapter; or
(2) is registered by the Commission on Dietetic Registration.
Section 11. Section 
58-71-102
 is amended to read:
58-71-102.
Definitions.
In addition to the definitions in Section 
58-1-102
, as used in this chapter:
(1) "Acupuncture" means the same as that term is defined in Section 
58-72-102
.
(2) "Administrative penalty" means a monetary fine imposed by the division for acts or
omissions determined to constitute unprofessional or unlawful conduct, as a result of an
adjudicative proceeding conducted in accordance with Title 63G, Chapter 4, Administrative
Procedures Act.
[
(3) "Board" means the Naturopathic Physicians Licensing Board created in Section
58-71-201
.
]
[
(4)
] 
(3)
 "Controlled substance" means the same as that term is defined in Section
58-37-2
.
[
(5)
] 
(4)
 "Diagnose" means:
(a) to examine in any manner another individual, parts of an individual's body,
substances, fluids, or materials excreted, taken, or removed from an individual's body, or
produced by an individual's body, to determine the source, nature, kind, or extent of a disease
or other physical or mental condition;
(b) to attempt to conduct an examination or determination described under Subsection
[
(5)(a)
] 
(4)(a)
;
(c) to hold oneself out as making or to represent that one is making an examination or
determination as described in Subsection [
(5)(a)
] 
(4)(a)
; or
(d) to make an examination or determination as described in Subsection [
(5)(a)
] 
(4)(a)
upon or from information supplied directly or indirectly by another individual, whether or not
in the presence of the individual the examination or determination concerns.
[
(6)
] 
(5)
 "Local anesthesia" means an agent, whether a natural medicine or
nonscheduled prescription drug, which:
(a) is applied topically or by injection associated with the performance of minor office
procedures;
(b) has the ability to produce loss of sensation to a targeted area of an individual's
body;
(c) does not cause loss of consciousness or produce general sedation; and
(d) is part of the competent practice of naturopathic medicine during minor office
procedures.
[
(7)
] 
(6)
 "Medical naturopathic assistant" means an unlicensed individual working
under the direct and immediate supervision of a licensed naturopathic physician and engaged in
specific tasks assigned by the licensed naturopathic physician in accordance with the standards
and ethics of the profession.
[
(8)
] 
(7)
 (a) "Minor office procedures" means:
(i) the use of operative, electrical, or other methods for repair and care of superficial
lacerations, abrasions, and benign lesions;
(ii) removal of foreign bodies located in the superficial tissues, excluding the eye or
ear;
(iii) the use of antiseptics and local anesthetics in connection with minor office surgical
procedures; and
(iv) percutaneous injection into skin, tendons, ligaments, muscles, and joints with:
(A) local anesthesia or a prescription drug described in Subsection [
(9)(d)
] 
(8)(d)
; or
(B) natural substances.
(b) "Minor office procedures" does not include:
(i) general or spinal anesthesia;
(ii) office procedures more complicated or extensive than those set forth in Subsection
[
(8)(a)
] 
(7)(a)
;
(iii) procedures involving the eye; and
(iv) any office procedure involving nerves, veins, or arteries.
[
(9)
] 
(8)
 "Natural medicine" means any:
(a) food, food extract, dietary supplement as defined by the Federal Food, Drug, and
Cosmetic Act, 21 U.S.C. Sec. 301 et seq., homeopathic remedy, or plant substance that is not
designated a prescription drug or controlled substance;
(b) over-the-counter medication;
(c) other nonprescription substance, the prescription or administration of which is not
otherwise prohibited or restricted under federal or state law; or
(d) prescription drug:
(i) the prescription of which is consistent with the competent practice of naturopathic
medicine;
(ii) that is not a controlled substance except for testosterone; and
(iii) that is not any of the following as determined by the federal Food and Drug
Administration's general drug category list:
(A) an anticoagulant for the management of a bleeding disorder;
(B) an anticonvulsant;
(C) an antineoplastic;
(D) an antipsychotic;
(E) a barbiturate;
(F) a cytotoxic;
(G) a sedative;
(H) a sleeping drug;
(I) a tranquilizer; or
(J) any drug category added after April 1, 2022, unless the division determines the drug
category to be consistent with the practice of naturopathic medicine under Section 
58-71-203
.
[
(10)
] 
(9)
 (a) "Naturopathic childbirth" means uncomplicated natural childbirth assisted
by a naturopathic physician.
(b) "Naturopathic childbirth" includes the use of:
(i) natural medicines; and
(ii) uncomplicated episiotomy.
(c) "Naturopathic childbirth" does not include the use of:
(i) forceps delivery;
(ii) general or spinal anesthesia;
(iii) caesarean section delivery; or
(iv) induced labor or abortion.
[
(11)
] 
(10)
 (a) "Naturopathic mobilization therapy" means manually administering
mechanical treatment of body structures or tissues for the purpose of restoring normal
physiological function to the body by normalizing and balancing the musculoskeletal system of
the body;
(b) "Naturopathic mobilization therapy" does not mean manipulation or adjustment of
the joints of the human body beyond the elastic barrier; and
(c) "Naturopathic mobilization therapy" does not include manipulation as used in Title
58, Chapter 73, Chiropractic Physician Practice Act.
[
(12)
] 
(11)
 (a) "Naturopathic physical medicine" means the use of the physical agents
of air, water, heat, cold, sound, light, and electromagnetic nonionizing radiation, and the
physical modalities of electrotherapy, acupuncture, diathermy, ultraviolet light, ultrasound,
hydrotherapy, naturopathic mobilization therapy, and exercise.
(b) "Naturopathic physical medicine" does not include the practice of physical therapy
or physical rehabilitation.
[
(13)
] 
(12)
 "Practice of naturopathic medicine" means:
(a) a system of primary health care for the prevention, diagnosis, and treatment of
human health conditions, injuries, and diseases that uses education, natural medicines, and
natural therapies, to support and stimulate the patient's intrinsic self-healing processes by:
(i) using naturopathic childbirth, but only if:
(A) the licensee meets standards of the American College of Naturopathic
Obstetricians (ACNO) or ACNO's successor as determined by the division in collaboration
with the board; and
(B) the licensee follows a written plan for naturopathic physicians practicing
naturopathic childbirth approved by the division in collaboration with the board, which
includes entering into an agreement with a consulting physician and surgeon or osteopathic
physician, in cases where the scope of practice of naturopathic childbirth may be exceeded and
specialty care and delivery is indicated, detailing the guidelines by which the naturopathic
physician will:
(I) refer patients to the consulting physician; and
(II) consult with the consulting physician;
(ii) using naturopathic mobilization therapy;
(iii) using naturopathic physical medicine;
(iv) using minor office procedures;
(v) prescribing or administering natural medicine;
(vi) prescribing medical equipment and devices, diagnosing by the use of medical
equipment and devices, and administering therapy or treatment by the use of medical devices
necessary and consistent with the competent practice of naturopathic medicine;
(vii) prescribing barrier devices for contraception;
(viii) using dietary therapy;
(ix) taking and using diagnostic x-rays, electrocardiograms, ultrasound, and
physiological function tests;
(x) taking of body fluids for clinical laboratory tests and using the results of the tests in
diagnosis;
(xi) taking of a history from and conducting of a physical examination upon a human
patient; and
(xii) administering local anesthesia during the performance of a minor office
procedure;
(b) to maintain an office or place of business for the purpose of doing any of the acts
described in Subsection [
(13)(a)
] 
(12)(a)
, whether or not for compensation; or
(c) to use, in the conduct of any occupation or profession pertaining to the diagnosis or
treatment of human diseases or conditions, in any printed material, stationery, letterhead,
envelopes, signs, or advertisements, the designation "naturopathic physician," "naturopathic
doctor," "naturopath," "doctor of naturopathic medicine," "doctor of naturopathy,"
"naturopathic medical doctor," "naturopathic medicine," "naturopathic health care,"
"naturopathy," "N.D.," "N.M.D.," or any combination of these designations in any manner that
might cause a reasonable person to believe the individual using the designation is a licensed
naturopathic physician.
[
(14)
] 
(13)
 "Prescribe" means to issue a prescription:
(a) orally or in writing; or
(b) by telephone, facsimile transmission, computer, or other electronic means of
communication as defined by division rule.
[
(15)
] 
(14)
 "Prescription device" means an instrument, apparatus, implement, machine,
contrivance, implant, in vitro reagent, or other similar or related article, and any component
part or accessory, which is required under federal or state law to be prescribed by a practitioner
and dispensed by or through a person licensed under this chapter or exempt from licensure
under this chapter.
[
(16)
] 
(15)
 "Prescription drug" means a drug that is required by federal or state law or
rule to be dispensed only by prescription or is restricted to administration only by practitioners.
[
(17)
] 
(16)
 "Unlawful conduct" means the same as that term is defined in Sections
58-1-501
 and 
58-71-501
.
[
(18)
] 
(17)
 "Unprofessional conduct" means the same as that term is defined in
Sections 
58-1-501
 and 
58-71-502
, and as may be further defined by division rule.
Section 12. Section 
58-71-203
 is amended to read:
58-71-203.
Drug category review.
(1) As used in this section, "FDA" means the federal Food and Drug Administration.
(2) After April 1, 2022, if the FDA adds a new drug category to the FDA's general drug
category list, the division shall determine whether the drug category is consistent with the
practice of naturopathic medicine.
(3) To make the determination described in Subsection (2), the division shall consult
with[
:
] 
the board described in Section 
58-67-201
.
[
(a) the board; and
]
[
(b) the board described in Section 
58-67-201
.
]
(4) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
division shall make rules to implement this section.
Section 13. Section 
58-71-302
 is amended to read:
58-71-302.
Qualifications for licensure.
(1) An applicant for licensure as a naturopathic physician, except as set forth in
Subsection (2), shall:
(a) submit an application in a form prescribed by the division, which may include:
(i) submissions by the applicant of information maintained by practitioner data banks,
as designated by division rule, with respect to the applicant; and
(ii) a record of professional liability claims made against the applicant and settlements
paid by or in behalf of the applicant;
(b) pay a fee determined by the department under Section 
63J-1-504
;
(c) provide satisfactory documentation of having successfully completed a program of
professional education preparing an individual as a naturopathic physician, as evidenced by
having received an earned degree of doctor of naturopathic medicine from:
(i) a naturopathic medical school or college accredited by the Council of Naturopathic
Medical Education or its successor organization approved by the division;
(ii) a naturopathic medical school or college that is a candidate for accreditation by the
Council of Naturopathic Medical Education or its successor organization, and is approved by
the division [
in collaboration with the board
], upon a finding there is reasonable expectation
the school or college will be accredited; or
(iii) a naturopathic medical school or college which, at the time of the applicant's
graduation, met current criteria for accreditation by the Council of Naturopathic Medical
Education or its successor organization approved by the division;
(d) provide satisfactory documentation of having successfully completed, after
successful completion of the education requirements set forth in Subsection (1)(c), 12 months
of clinical experience in naturopathic medicine in a residency program recognized by the
division and associated with an accredited school or college of naturopathic medicine, and
under the preceptorship of a licensed naturopathic physician, physician and surgeon, or
osteopathic physician;
(e) pass the licensing examination sequence required by division rule [
established in
collaboration with the board
];
(f) be able to read, write, speak, understand, and be understood in the English language
and demonstrate proficiency to the satisfaction of the [
board
] 
division
 if requested by the
[
board
] 
division
; and
(g) meet with [
the board and
] representatives of the division, if requested, for the
purpose of evaluating the applicant's qualifications for licensure.
(2) (a) In accordance with Subsection (2)(b), an applicant for licensure as a
naturopathic physician under the endorsement provision of Section 
58-1-302
 shall:
(i) meet the requirements of Section 
58-1-302
;
(ii) document having met all requirements for licensure under Subsection (1) except
the clinical experience requirement of Subsection (1)(d);
(iii) have passed the examination requirements established under Subsection (1)(e)
that:
(A) the applicant has not passed in connection with licensure in another state or
jurisdiction; and
(B) are available to the applicant to take without requiring additional professional
education;
(iv) have been actively engaged in the practice of a naturopathic physician for not less
than 6,000 hours during the five years immediately preceding the date of application for
licensure in Utah; and
(v) meet with [
the board and
] representatives of the division for the purpose of
evaluating the applicant's qualifications for licensure.
(b) The division may rely, either wholly or in part, on one or more credentialing
associations designated by division rule[
, made in collaboration with the board,
] to document
and certify in writing to the satisfaction of the division that an applicant has met each of the
requirements of this Subsection (2), including the requirements of Section 
58-1-302
, and that:
(i) the applicant holds a current license;
(ii) the education, experience, and examination requirements of the foreign country or
the state, district, or territory of the United States that issued the applicant's license are, or were
at the time the license was issued, equal to those of this state for licensure as a naturopathic
physician; and
(iii) the applicant has produced evidence satisfactory to the division of the applicant's
qualifications, identity, and good standing as a naturopathic physician.
Section 14. Section 
58-71-304
 is amended to read:
58-71-304.
License renewal requirements.
(1) As a condition precedent for license renewal, each licensee shall, during each
two-year licensure cycle or other cycle defined by division rule, complete qualified continuing
professional education requirements in accordance with the number of hours and standards
defined by division rule [
made in collaboration with the board
].
(2) If a renewal period is extended or shortened under Section 
58-71-303
, the
continuing education hours required for license renewal under this section are increased or
decreased proportionally.
Section 15. Section 
58-71-304.2
 is amended to read:
58-71-304.2.
Temporary license.
(1) The division may issue a temporary license to an individual who:
(a) meets all qualifications for licensure except completion of the 12 month clinical
experience required under Section 
58-71-302
; and
(b) presents a plan acceptable to the division [
and the board
] under which the applicant
will practice under the direct supervision of a licensed naturopathic physician, physician and
surgeon, or osteopathic physician, who supervises not more than three naturopathic physicians
in an approved clinical experience program.
(2) A temporary license issued under this section expires on the date the licensee
completes the clinical experience program, but not more than 18 months from the original date
of issue.
(3) A temporary license under this section may be issued only once to an individual.
Section 16. Section 
58-71-601
 is amended to read:
58-71-601.
Mentally incompetent or incapacitated naturopathic physician.
(1) As used in this section:
(a) "Incapacitated person" means a person who is incapacitated, as defined in Section
75-1-201
.
(b) "Mental illness" is as defined in Section 
62A-15-602
.
(2) If a court of competent jurisdiction determines a naturopathic physician is an
incapacitated person or that the physician has a mental illness and is unable to safely engage in
the practice of medicine, the director shall immediately suspend the license of the naturopathic
physician upon the entry of the judgment of the court, without further proceedings under Title
63G, Chapter 4, Administrative Procedures Act, regardless of whether an appeal from the
court's ruling is pending. The director shall promptly notify the naturopathic physician, in
writing, of the suspension.
(3) (a) If the division [
and a majority of the board find
] 
finds
 reasonable cause to
believe a naturopathic physician, who is not determined judicially to be an incapacitated person
or to have a mental illness, is incapable of practicing medicine with reasonable skill regarding
the safety of patients, because of illness, excessive use of drugs or alcohol, or as a result of any
mental or physical condition, [
the board shall recommend that
] the director 
shall
 file a petition
with the division, and cause the petition to be served upon the naturopathic physician with a
notice of hearing on the sole issue of the capacity of the naturopathic physician to competently
and safely engage in the practice of medicine.
(b) The hearing shall be conducted under Section 
58-1-109
, and Title 63G, Chapter 4,
Administrative Procedures Act, except as provided in Subsection (4).
(4) (a) Every naturopathic physician who accepts the privilege of being licensed under
this chapter gives consent to:
(i) submitting at the physician's own expense to an immediate mental or physical
examination when directed in writing by the division [
and a majority of the board
] to do so;
and
(ii) the admissibility of the reports of the examining physician's testimony or
examination, and waives all objections on the ground the reports constitute a privileged
communication.
(b) The examination may be ordered by the division[
, with the consent of a majority of
the board,
] only upon a finding of reasonable cause to believe:
(i) the naturopathic physician has a mental illness, is incapacitated, or otherwise unable
to practice medicine with reasonable skill and safety; and
(ii) immediate action by the division [
and the board
] is necessary to prevent harm to
the naturopathic physician's patients or the general public.
(c) (i) Failure of a naturopathic physician to submit to the examination ordered under
this section is a ground for the division's immediate suspension of the naturopathic physician's
license by written order of the director.
(ii) The division may enter the order of suspension without further compliance with
Title 63G, Chapter 4, Administrative Procedures Act, unless the division finds the failure to
submit to the examination ordered under this section was due to circumstances beyond the
control of the naturopathic physician and was not related directly to the illness or incapacity of
the naturopathic physician.
(5) (a) A naturopathic physician whose license is suspended under Subsection (2) or
(3) has the right to a hearing to appeal the suspension within 10 days after the license is
suspended.
(b) The hearing held under this subsection shall be conducted in accordance with
Sections 
58-1-108
 and 
58-1-109
 for the sole purpose of determining if sufficient basis exists
for the continuance of the order of suspension in order to prevent harm to the naturopathic
physician's patients or the general public.
(6) A naturopathic physician whose license is revoked, suspended, or in any way
restricted under this section may request the division [
and the board
] to consider, at reasonable
intervals, evidence presented by the naturopathic physician, under procedures established by
division rule, regarding any change in the naturopathic physician's condition, to determine
whether:
(a) the physician is or is not able to safely and competently engage in the practice of
medicine; and
(b) the physician is qualified to have the physician's license to practice under this
chapter restored completely or in part.
Section 17. Section 
58-71-802
 is amended to read:
58-71-802.
Form of practice.
(1) A naturopathic physician licensed under this chapter may engage in practice as a
naturopathic physician, or in the practice of naturopathic medicine only as an individual
licensee; but as an individual licensee, [
he
] 
the naturopathic physician
 may be:
(a) an individual operating as a business proprietor;
(b) an employee of another person;
(c) a partner in a lawfully organized partnership;
(d) a lawfully formed professional corporation;
(e) a lawfully organized limited liability company;
(f) a lawfully organized business corporation; or
(g) any other form of organization recognized by the state which is not prohibited by
rule adopted by division rules [
made in collaboration with the board
].
(2) Regardless of the form in which a licensee engages in the practice of medicine, the
licensee may only permit the practice of medicine in that form of practice to be conducted by
an individual:
(a) licensed in Utah as a naturopathic physician under Section 
58-71-301
, a physician
and surgeon, or as an osteopathic physician and surgeon; and
(b) who is able to lawfully and competently engage in the practice of medicine.
Section 18. Section 
58-71-803
 is amended to read:
58-71-803.
Medical records -- Electronic records.
(1) Medical records maintained by a licensee shall:
(a) meet the standards and ethics of the profession; and
(b) be maintained in accordance with division rules [
made in collaboration with the
board
].
(2) Medical records under this section may be maintained by an electronic means if the
records comply with Subsection (1).
Section 19. Section 
58-75-102
 is amended to read:
58-75-102.
Definitions.
In addition to the definitions in Section 
58-1-102
, as used in this chapter:
[
(1) "Board" means the Genetic Counselors Licensing Board created in Section
58-75-201
.
]
[
(2)
] 
(1)
 "Genetic counselor" means a person licensed under this chapter to engage in
the practice of genetic counseling.
[
(3)
] 
(2)
 "Practice of genetic counseling" means the communication process which
deals with the human problems associated with the occurrence, or the risk of occurrence, of a
genetic disorder in a family, including the provision of services to help an individual or family:
(a) comprehend the medical facts, including the diagnosis, probable cause of the
disorder, and the available management;
(b) appreciate the way heredity contributes to the disorder and the risk of occurrence in
specified relatives;
(c) understand the alternatives for dealing with the risk of occurrence;
(d) choose the course of action which seems appropriate to them in view of their risk,
their family goals, and their ethical and religious standards, and to act in accordance with that
decision; and
(e) make the best possible psychosocial adjustment to the disorder in an affected family
member or to the risk of occurrence of that disorder.
[
(4)
] 
(3)
 "Unlawful conduct" is as defined in Sections 
58-1-501
 and 
58-75-501
.
[
(5)
] 
(4)
 "Unprofessional conduct" is as defined in Sections 
58-1-501
 and 
58-75-502
and as may be further defined by rule by the division in accordance with Title 63G, Chapter 3,
Utah Administrative Rulemaking Act.
Section 20. Section 
58-75-303
 is amended to read:
58-75-303.
Term of license -- Expiration -- Renewal.
(1) The division shall issue each license under this chapter in accordance with a
two-year renewal cycle established by rule. The division may by rule extend or shorten a
renewal cycle by as much as one year to stagger the renewal cycles it administers.
(2) Each licensee shall, at the time of applying for renewal, demonstrate compliance
with continuing education requirements established by rule by the division [
in collaboration
with the board
].
(3) Each license automatically expires on the expiration date shown on the license
unless the licensee renews it in accordance with Section 
58-1-308
.
Section 21. Section 
58-77-102
 is amended to read:
58-77-102.
Definitions.
In addition to the definitions in Section 
58-1-102
, as used in this chapter:
[
(1) "Board" means the Licensed Direct-entry Midwife Board created in Section
58-77-201
.
]
[
(2)
] 
(1)
 "Certified nurse-midwife" means a person licensed under Title 58, Chapter
44a, Nurse Midwife Practice Act.
[
(3)
] 
(2)
 "Client" means a woman and her fetus or newborn baby under the care of a
direct-entry midwife.
[
(4)
] 
(3)
 "Direct-entry midwife" means an individual who is engaging in the practice of
direct-entry midwifery.
[
(5)
] 
(4)
 "Licensed direct-entry midwife" means a person licensed under this chapter.
[
(6)
] 
(5)
 "Low risk" means a labor and delivery and postpartum, newborn, and
interconceptual care that does not include a condition that requires a mandatory transfer under
administrative rules adopted by the division.
[
(7)
] 
(6)
 "Physician" means an individual licensed as a physician and surgeon,
osteopathic physician, or naturopathic physician.
[
(8)
] 
(7)
 "Practice of direct-entry midwifery" means the practice of providing the
necessary supervision, care, and advice to a client during essentially normal pregnancy, labor,
delivery, postpartum, and newborn periods that is consistent with national professional
midwifery standards and that is based upon the acquisition of clinical skills necessary for the
care of a pregnant woman and a newborn baby, including antepartum, intrapartum, postpartum,
newborn, and limited interconceptual care, and includes:
(a) obtaining an informed consent to provide services;
(b) obtaining a health history, including a physical examination;
(c) developing a plan of care for a client;
(d) evaluating the results of client care;
(e) consulting and collaborating with and referring and transferring care to licensed
health care professionals, as is appropriate, regarding the care of a client;
(f) obtaining medications, as specified in this Subsection [
(8)(f)
] 
(7)(f)
, to administer to
a client, including:
(i) prescription vitamins;
(ii) Rho D immunoglobulin;
(iii) sterile water;
(iv) one dose of intramuscular oxytocin after the delivery of a baby to minimize a
client's blood loss;
(v) an additional single dose of oxytocin if a hemorrhage occurs, in which case the
licensed direct-entry midwife must initiate transfer if a client's condition does not immediately
improve;
(vi) oxygen;
(vii) local anesthetics without epinephrine used in accordance with Subsection [
(8)(l)
]
(7)(l)
;
(viii) vitamin K to prevent hemorrhagic disease of a newborn baby;
(ix) as required by law, eye prophylaxis to prevent opthalmia neonatorum; and
(x) any other medication approved by a licensed health care provider with authority to
prescribe that medication;
(g) obtaining food, food extracts, dietary supplements, as defined by the federal Food,
Drug, and Cosmetic Act, homeopathic remedies, plant substances that are not designated as
prescription drugs or controlled substances, and over-the-counter medications to administer to
clients;
(h) obtaining and using appropriate equipment and devices such as a Doppler, a blood
pressure cuff, phlebotomy supplies, instruments, and sutures;
(i) obtaining appropriate screening and testing, including laboratory tests, urinalysis,
and ultrasound scans;
(j) managing the antepartum period;
(k) managing the intrapartum period, including:
(i) monitoring and evaluating the condition of a mother and a fetus;
(ii) performing an emergency episiotomy; and
(iii) delivering a baby in any out-of-hospital setting;
(l) managing the postpartum period, including the suturing of an episiotomy and the
suturing of first and second degree natural perineal and labial lacerations, including the
administration of a local anesthetic;
(m) managing the newborn period, including:
(i) providing care for a newborn baby, including performing a normal newborn baby
examination; and
(ii) resuscitating a newborn baby;
(n) providing limited interconceptual services in order to provide continuity of care,
including:
(i) breastfeeding support and counseling;
(ii) family planning, limited to natural family planning, cervical caps, and diaphragms;
and
(iii) pap smears, where each client with an abnormal result is to be referred to an
appropriate licensed health care provider; and
(o) executing the orders of a licensed health care professional, if the orders are within
the education, knowledge, and skill of the direct-entry midwife.
[
(9)
] 
(8)
 "Unlawful conduct" means the same as that term is defined in Sections
58-1-501
 and 
58-77-501
.
[
(10)
] 
(9)
 "Unprofessional conduct" means the same as that term is defined in Sections
58-1-501
 and 
58-77-502
 and as may be further defined by rule.
Section 22. Section 
58-77-302
 is amended to read:
58-77-302.
Qualifications for licensure.
Each applicant for licensure as a licensed direct-entry midwife shall:
(1) submit an application in a form prescribed by the division;
(2) pay a fee as determined by the department under Section 
63J-1-504
;
(3) hold a Certified Professional Midwife certificate in good standing with the North
American Registry of Midwives or equivalent certification approved by the division [
in
collaboration with the board
];
(4) hold current adult and infant CPR and newborn resuscitation certifications through
an organization approved by the division [
in collaboration with the board
]; and
(5) provide documentation of successful completion of an approved pharmacology
course as defined by division rule.
Section 23. Section 
58-83-102
 is amended to read:
58-83-102.
Definitions.
In addition to the definitions in Section 
58-1-102
, as used in this chapter:
[
(1) "Board" means the Online Prescribing, Dispensing, and Facilitation Licensing
Board created in Section 
58-83-201
.
]
[
(2)
] 
(1)
 "Branching questionnaire" means an adaptive and progressive assessment tool
[
approved by the board
].
[
(3)
] 
(2)
 "Delivery of online pharmaceutical services" means the process in which a
prescribing practitioner diagnoses a patient and prescribes one or more of the drugs authorized
by Section 
58-83-306
, using:
(a) a branching questionnaire or other assessment tool approved by the division for the
purpose of diagnosing and assessing a patient's health status;
(b) an Internet contract pharmacy to:
(i) dispense the prescribed drug; or
(ii) transfer the prescription to another pharmacy; and
(c) an Internet facilitator to facilitate the practices described in Subsections [
(3)(a) and
(b)
] 
(2)(a) and (b)
.
[
(4)
] 
(3)
 "Division" means the Division of Professional Licensing.
[
(5)
] 
(4)
 "Internet facilitator" means a licensed provider of a web-based system for
electronic communication between and among an online prescriber, the online prescriber's
patient, and the online contract pharmacy.
[
(6)
] 
(5)
 "Online contract pharmacy" means a pharmacy licensed and in good standing
under Chapter 17b, Pharmacy Practice Act, as either a Class A Retail Pharmacy or a Class B
Closed Door Pharmacy and licensed under this chapter to fulfill prescriptions issued by an
online prescriber through a specific Internet facilitator.
[
(7)
] 
(6)
 "Online prescriber" means a person:
(a) licensed under another chapter of this title;
(b) whose license under another chapter of this title includes assessing, diagnosing, and
prescribing authority for humans; and
(c) who has obtained a license under this chapter to engage in online prescribing.
[
(8)
] 
(7)
 "Unlawful conduct" is as defined in Sections 
58-1-501
 and 
58-83-501
.
[
(9)
] 
(8)
 "Unprofessional conduct" is as defined in Sections 
58-1-203
 and 
58-83-502
,
and as further defined by the division in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act.
Section 24. Section 
58-83-302
 is amended to read:
58-83-302.
Qualifications for licensure.
(1) Each applicant for licensure as an online prescriber under this chapter shall:
(a) submit an application in a form prescribed by the division;
(b) pay a fee determined by the department under Section 
63J-1-504
;
(c) document that the applicant holds a Utah license that is active and in good standing
and authorizes the licensee to engage in the assessment, diagnosis, and treatment of human
ailments and the prescription of medications;
(d) document that any other professional license the applicant possesses from other
jurisdictions is in good standing;
(e) (i) submit to the division an outline of the applicant's proposed online assessment,
diagnosis, and prescribing tool, such as a branching questionnaire; and
(ii) demonstrate the proposed online assessment, diagnosis, and prescribing tool to the
[
board
] 
division
 and establish to the [
board's
] 
division's
 satisfaction that the utilization of that
assessment tool to facilitate the prescription of the drugs approved for online prescribing under
Section 
58-83-305
 does not compromise the public's health, safety, or welfare;
(f) submit policies and procedures that address patient confidentiality, including
measures that will be taken to ensure that the age and other identifying information of the
person completing the online branching questionnaire are accurate;
(g) describe the mechanism by which the online prescriber and patient will
communicate with one another, including electronic and telephonic communication;
(h) describe how the online prescriber/patient relationship will be established and
maintained;
(i) submit the name, address, and contact person of the Internet facilitator with whom
the online prescriber has contracted to provide services that the online prescriber will use to
engage in online assessment, diagnosis, and prescribing; and
(j) submit documentation satisfactory to the [
board
] 
division
 regarding public health,
safety, and welfare demonstrating:
(i) how the online prescriber will comply with the requirements of Section 
58-83-305
;
(ii) the contractual services arrangement between the online prescriber and:
(A) the Internet facilitator; and
(B) the online contract pharmacy; and
(iii) how the online prescriber will allow and facilitate the division's ability to conduct
audits in accordance with Section 
58-83-308
.
(2) An online prescriber may not use the services of an Internet facilitator or online
contract pharmacy whose license is not active and in good standing.
(3) Each applicant for licensure as an online contract pharmacy under this chapter
shall:
(a) be licensed in good standing in Utah as a Class A Retail Pharmacy or a Class B
Closed Door Pharmacy;
(b) submit a written application in the form prescribed by the division;
(c) pay a fee as determined by the department under Section 
63J-1-504
;
(d) submit any contract between the applicant and the Internet facilitator with which
the applicant is or will be affiliated;
(e) submit proof of liability insurance acceptable to the division that expressly covers
all activities the online contract pharmacy will engage in under this chapter, which coverage
shall be in a minimum amount of $1,000,000 per occurrence with a policy limit of not less than
$3,000,000;
(f) submit a signed affidavit to the division attesting that the online contract pharmacy
will not dispense a drug that is prescribed by an online prescriber engaged in the delivery of
online pharmaceutical services under the provisions of this chapter unless:
(i) the drug is specifically approved by the division under Section 
58-83-306
; and
(ii) both the prescribing and the dispensing of the drug were facilitated by the Internet
facilitator with whom the Internet contract pharmacy is associated under Subsection (3)(d);
(g) document that any other professional license the applicant possesses from other
jurisdictions is active and in good standing; and
(h) demonstrate to the division that the applicant has satisfied any background check
required by Section 
58-17b-307
, and each owner, officer, or manager of the applicant online
contract pharmacy has not engaged in any act, practice, or omission, which when considered
with the duties and responsibilities of a licensee under this chapter indicates there is cause to
believe that issuing a license under this chapter is inconsistent with the public's health, safety,
or welfare.
(4) Each applicant for licensure as an Internet facilitator under this chapter shall:
(a) submit a written application in the form prescribed by the division;
(b) pay a fee as determined by the department under Section 
63J-1-504
;
(c) submit any contract between the applicant and the following with which the
applicant will be affiliated:
(i) each online prescriber; and
(ii) the single online contract pharmacy;
(d) submit written policies and procedures satisfactory to the division that:
(i) address patient privacy, including compliance with 45 C.F.R. Parts 160, 162, and
164, Health Insurance Portability and Accountability Act of 1996;
(ii) ensure compliance with all applicable laws by health care personnel and the online
prescriber who will process patient communications;
(iii) list the hours of operation;
(iv) describe the types of services that will be permitted electronically;
(v) describe the required patient information to be included in the communication, such
as patient name, identification number, and type of transaction;
(vi) establish procedures for archiving and retrieving information; and
(vii) establish quality oversight mechanisms;
(e) submit written documentation of the applicant's security measures to ensure the
confidentiality and integrity of any user-identifiable medical information;
(f) submit a description of the mechanism for:
(i) patients to access, supplement, and amend patient-provided personal health
information;
(ii) back-up regarding the Internet facilitator electronic interface;
(iii) the quality of information and services provided via the interface; and
(iv) patients to register complaints regarding the Internet facilitator, the online
prescriber, or the online contract pharmacy;
(g) submit a copy of the Internet facilitator's website;
(h) sign an affidavit attesting that:
(i) the applicant will not access any medical records or information contained in the
medical record except as necessary to administer the website and the branching questionnaire;
and
(ii) the applicant and its principals, and any entities affiliated with them, will only use
the services of a single online contract pharmacy named on the license approved by the
division; and
(i) submit any other information required by the division.
Section 25. Section 
58-83-401
 is amended to read:
58-83-401.
Grounds for denial of license -- Disciplinary proceedings --
Termination of authority to prescribe -- Immediate and significant danger.
(1) Grounds for refusing to issue a license to an applicant, for refusing to renew the
license of a licensee, for revoking, suspending, restricting, or placing on probation the license
of a licensee, for issuing a public reprimand to a licensee, and for issuing a cease and desist
order:
(a) shall be in accordance with Section 
58-1-401
; and
(b) includes:
(i) prescribing, dispensing, or facilitating the prescribing or dispensing of a drug not
approved by the [
board
] 
division
 under Section 
58-83-306
; or
(ii) any other violation of this chapter.
(2) The termination or expiration of a license under this chapter for any reason does not
limit the division's authority to start or continue any investigation or adjudicative proceeding.
(3) (a) Because of the working business relationship between and among the online
prescriber, the Internet facilitator, and the online contract pharmacy, each entity's ability to
comply with this chapter may depend in some respects on the actions of the others.
(b) It is possible that a particular action or inaction by the online prescriber, the Internet
facilitator, or the online contract pharmacy could have the effect of causing the other licensed
entities to be out of compliance with this chapter, and each entity may, therefore, be held
accountable for any related party's non-compliance, if the party knew or reasonably should
have known of the other person's non-compliance.
(4) (a) An online prescriber may lose the practitioner's professional license to prescribe
any drug under this title if the online prescriber knew or reasonably should have known that the
provisions of this chapter were violated by the online prescriber, the Internet facilitator, or the
online contract pharmacy.
(b) It is not a defense to an alleged violation under this chapter that the alleged
violation was a result of an action or inaction not by the charged party but by the related online
prescriber, the online contract pharmacy, or the Internet facilitator.
(5) The following actions may result in an immediate suspension of the online
prescriber's license, the online contract pharmacy's license, or the Internet facilitator's license,
and each is considered an immediate and significant danger to the public health, safety, or
welfare requiring immediate action by the division pursuant to Section 
63G-4-502
 to terminate
the delivery of online pharmaceutical services by the licensee:
(a) online prescribing, dispensing, or facilitation with respect to:
(i) a person who is younger than 18 years old;
(ii) a legend drug not authorized by the division in accordance with Section 
58-83-306
;
and
(iii) any controlled substance;
(b) violating this chapter after having been given reasonable opportunity to cure the
violation;
(c) using the name or official seal of the state, the department, or the division, or their
boards, in an unauthorized manner; or
(d) failing to respond to a request from the division within the time frame requested
for:
(i) an audit of the website; or
(ii) records of the online prescriber, the Internet facilitator, or the online contract
pharmacy.
Section 26. Section 
63A-16-107
 is amended to read:
63A-16-107.
Utah Open Data Portal Website.
(1) As used in this section:
(a) "Governmental entity" means the same as that term is defined in Section
63G-2-103
.
(b) "Public information" means:
(i) a record of a state governmental entity, a local governmental entity, or an
independent entity that is classified as public under Title 63G, Chapter 2, Government Records
Access and Management Act; or
(ii) subject to any specific limitations and requirements regarding the provision of
financial information from the entity under Section 
67-3-12
, for an entity that is exempt from
Title 63G, Chapter 2, Government Records Access and Management Act, records that would
normally be classified as public if the entity were not exempt from Title 63G, Chapter 2,
Government Records Access and Management Act.
(c) "Private, controlled, or protected information" means information classified as
private, controlled, or protected under Title 63G, Chapter 2, Government Records Access and
Management Act.
(d) "Website" means the Utah Open Data Portal Website created in this section.
(2) There is created the Utah Open Data Portal Website to be administered by the
division.
(3) The website shall serve as a point of access for public information.
(4) The division shall:
(a) establish and maintain the website[
, guided by the principles described in
Subsection 
63A-18-202
(2)
];
(b) provide equipment, resources, and personnel as needed to establish and maintain
the website;
(c) provide a mechanism for a governmental entity to gain access to the website for the
purpose of posting and modifying public information; and
(d) maintain an archive of all public information posted to the website.
(5) The timing for posting and the content of the public information posted to the
website is the responsibility of the governmental entity posting the public information.
(6) A governmental entity may not post private, controlled, or protected information to
the website.
(7) A person who negligently discloses private, controlled, or protected information is
not criminally or civilly liable for improper disclosure of the information if the information is
disclosed solely as a result of the preparation or publication of the website.
Section 27. Section 
63I-1-226
 is amended to read:
63I-1-226.
Repeal dates: Titles 26 through 26B.
[
(1) Section 
26-1-7.5
, which creates the Utah Health Advisory Council, is repealed
July 1, 2025.
]
[
(2) Section 
26-1-40
 is repealed July 1, 2022.
]
[
(3)
] 
(1)
 Section 
26-1-41
 is repealed July 1, 2026.
[
(4)
] 
(2)
 Section 
26-1-43
 is repealed December 31, 2025.
[
(5)
] 
(3)
 Section 
26-7-10
 is repealed July 1, 2025.
[
(6)
] 
(4)
 Subsection 
26-7-11
(5), regarding reports to the Legislature, is repealed July 1,
2028.
[
(7)
] 
(5)
 Section 
26-7-14
 is repealed December 31, 2027.
[
(8)
] 
(6)
 Section 
26-8a-603
 is repealed July 1, 2027.
[
(9)
] 
(7)
 Title 26, Chapter 9f, Utah Digital Health Service Commission Act, is repealed
July 1, 2025.
[
(10)
] 
(8)
 Subsection 
26-10-6
(5), which creates the Newborn Hearing Screening
Committee, is repealed July 1, 2026.
[
(11)
] 
(9)
 Section 
26-10b-106
, which creates the Primary Care Grant Committee, is
repealed July 1, 2025.
[
(12) Subsection 
26-15c-104
(3), relating to a limitation on the number of
microenterprise home kitchen permits that may be issued, is repealed July 1, 2022.
]
[
(13)
] 
(10)
 Subsection 
26-18-2.6
(9), which addresses reimbursement for dental
hygienists, is repealed July 1, 2028.
[
(14)
] 
(11)
 Section 
26-18-27
 is repealed July 1, 2025.
[
(15)
] 
(12)
 Section 
26-18-28
 is repealed June 30, 2027.
[
(16)
] 
(13)
 Title 26, Chapter 18, Part 2, Drug Utilization Review Board, is repealed
July 1, 2027.
[
(17)
] 
(14)
 Subsection 
26-18-418
(2), the language that states "and the Behavioral
Health Crisis Response Commission created in Section 
63C-18-202
" is repealed July 1, 2023.
[
(18)
] 
(15)
 Section 
26-33a-117
 is repealed December 31, 2023.
[
(19)
] 
(16)
 Title 26, Chapter 33a, Utah Health Data Authority Act, is repealed July 1,
2024.
[
(20)
] 
(17)
 Title 26, Chapter 36b, Inpatient Hospital Assessment Act, is repealed July
1, 2024.
[
(21)
] 
(18)
 Title 26, Chapter 36c, Medicaid Expansion Hospital Assessment Act, is
repealed July 1, 2024.
[
(22)
] 
(19)
 Title 26, Chapter 36d, Hospital Provider Assessment Act, is repealed July
1, 2024.
[
(23) Section 
26-39-201
, which creates the Residential Child Care Licensing Advisory
Committee, is repealed July 1, 2024.
]
[
(24)
] 
(20)
 Section 
26-39-405
, Drinking water quality in child care centers, is repealed
July 1, 2027.
[
(25)
] 
(21)
 Section 
26-40-104
, which creates the Utah Children's Health Insurance
Program Advisory Council, is repealed July 1, 2025.
[
(26)
] 
(22)
 Section 
26-50-202
, which creates the Traumatic Brain Injury Advisory
Committee, is repealed July 1, 2025.
[
(27)
] 
(23)
 Title 26, Chapter 54, Spinal Cord and Brain Injury Rehabilitation Fund and
Pediatric Neuro-Rehabilitation Fund, is repealed January 1, 2025.
[
(28)
] 
(24)
 Title 26, Chapter 66, Early Childhood Utah Advisory Council, is repealed
July 1, 2026.
[
(29)
] 
(25)
 Title 26, Chapter 68, COVID-19 Vaccine Restrictions Act, is repealed July
1, 2024.
[
(30)
] 
(26)
 Section 
26-69-406
 is repealed July 1, 2025.
[
(31) Subsection 
26B-1-204
(2)(i), related to the Residential Child Care Licensing
Advisory Committee, is repealed July 1, 2024.
]
[
(32)
] 
(27)
 Subsection [
26B-1-204
(2)(k)
] 
26B-1-204
(2)(i)
, related to the Primary Care
Grant Committee, is repealed July 1, 2025.
Section 28. Section 
63I-1-263
 is amended to read:
63I-1-263.
Repeal dates: Titles 63A through 63N.
(1) Subsection 
63A-5b-405
(5), relating to prioritizing and allocating capital
improvement funding, is repealed July 1, 2024.
(2) Section 
63A-5b-1003
, State Facility Energy Efficiency Fund, is repealed July 1,
2023.
(3) Sections 
63A-9-301
 and 
63A-9-302
, related to the Motor Vehicle Review
Committee, are repealed July 1, 2023.
[
(4) In relation to the Utah Transparency Advisory Board, on January 1, 2025:
]
[
(a) Section 
63A-18-102
 is repealed;
]
[
(b) Section 
63A-18-201
 is repealed; and
]
[
(c) Section 
63A-18-202
 is repealed.
]
[
(5)
] 
(4)
 Title 63C, Chapter 4a, Constitutional and Federalism Defense Act, is repealed
July 1, 2028.
[
(6)
] 
(5)
 Title 63C, Chapter 6, Utah Seismic Safety Commission, is repealed January 1,
2025.
[
(7)
] 
(6)
 Title 63C, Chapter 12, Snake Valley Aquifer Advisory Council, is repealed
July 1, 2024.
[
(8)
] 
(7)
 Title 63C, Chapter 17, Point of the Mountain Development Commission Act,
is repealed July 1, 2023.
[
(9)
] 
(8)
 Title 63C, Chapter 18, Behavioral Health Crisis Response Commission, is
repealed July 1, 2023.
[
(10)
] 
(9)
 Title 63C, Chapter 23, Education and Mental Health Coordinating Council,
is repealed July 1, 2026.
[
(11)
] 
(10)
 Title 63C, Chapter 27, Cybersecurity Commission, is repealed July 1, 2032.
[
(12)
] 
(11)
 Title 63C, Chapter 28, Ethnic Studies Commission, is repealed July 1,
2026.
[
(13)
] 
(12)
 Section 
63G-6a-805
, which creates the Purchasing from Persons with
Disabilities Advisory Board, is repealed July 1, 2026.
[
(14)
] 
(13)
 Title 63G, Chapter 21, Agreements to Provide State Services, is repealed
July 1, 2028.
[
(15)
] 
(14)
 Title 63H, Chapter 4, Heber Valley Historic Railroad Authority, is repealed
July 1, 2024.
[
(16)
] 
(15)
 Title 63H, Chapter 8, Utah Housing Corporation Act, is repealed July 1,
2026.
[
(17)
] 
(16)
 Subsection 
63J-1-602.1
(17), relating to the Nurse Home Visiting Restricted
Account, is repealed July 1, 2026.
[
(18)
] 
(17)
 Subsection 
63J-1-602.2
(6), referring to dedicated credits to the Utah
Marriage Commission, is repealed July 1, 2023.
[
(19) Subsection 
63J-1-602.2
(7), referring to the Trip Reduction Program, is repealed
July 1, 2022.
]
[
(20)
] 
(18)
 Subsection 
63J-1-602.2
(26), related to the Utah Seismic Safety
Commission, is repealed January 1, 2025.
[
(21)
] 
(19)
 Title 63L, Chapter 11, Part 4, Resource Development Coordinating
Committee, is repealed July 1, 2027.
[
(22)
] 
(20)
 In relation to the Utah Substance Use and Mental Health Advisory Council,
on January 1, 2033:
(a) Sections 
63M-7-301
, 
63M-7-302
, 
63M-7-303
, 
63M-7-304
, and 
63M-7-306
 are
repealed;
(b) Section 
63M-7-305
, the language that states "council" is replaced with
"commission";
(c) Subsection 
63M-7-305
(1)(a) is repealed and replaced with:
"(1) "Commission" means the Commission on Criminal and Juvenile Justice."; and
(d) Subsection 
63M-7-305
(2) is repealed and replaced with:
"(2) The commission shall:
(a) provide ongoing oversight of the implementation, functions, and evaluation of the
Drug-Related Offenses Reform Act; and
(b) coordinate the implementation of Section 
77-18-104
 and related provisions in
Subsections 
77-18-103
(2)(c) and (d).".
[
(23)
] 
(21)
 The Crime Victim Reparations and Assistance Board, created in Section
63M-7-504
, is repealed July 1, 2027.
[
(24)
] 
(22)
 Title 63M, Chapter 11, Utah Commission on Aging, is repealed July 1,
2026.
[
(25)
] 
(23)
 Title 63N, Chapter 1b, Part 4, Women in the Economy Subcommittee, is
repealed January 1, 2025.
[
(26)
] 
(24)
 Title 63N, Chapter 2, Part 2, Enterprise Zone Act, is repealed July 1, 2028.
[
(27)
] 
(25)
 Section 
63N-2-512
, related to the Hotel Impact Mitigation Fund, is repealed
July 1, 2028.
[
(28)
] 
(26)
 Title 63N, Chapter 3, Part 9, Strategic Innovation Grant Pilot Program, is
repealed July 1, 2027.
[
(29)
] 
(27)
 Title 63N, Chapter 3, Part 11, Manufacturing Modernization Grant
Program, is repealed July 1, 2025.
[
(30)
] 
(28)
 In relation to the Rural Employment Expansion Program, on July 1, 2023:
(a) Title 63N, Chapter 4, Part 4, Rural Employment Expansion Program, is repealed;
and
(b) Subsection 
63N-4-805
(5)(b), referring to the Rural Employment Expansion
Program, is repealed.
[
(31)
] 
(29)
 In relation to the Board of Tourism Development, on July 1, 2025:
(a) Subsection 
63N-2-511
(1)(b), which defines "tourism board," is repealed;
(b) Subsections 
63N-2-511
(3)(a) and (5), the language that states "tourism board" is
repealed and replaced with "Utah Office of Tourism";
(c) Subsection 
63N-7-101
(1), which defines "board," is repealed;
(d) Subsection 
63N-7-102
(3)(c), which requires the Utah Office of Tourism to receive
approval from the Board of Tourism Development, is repealed; and
(e) Title 63N, Chapter 7, Part 2, Board of Tourism Development, is repealed.
[
(32)
] 
(30)
 Subsection 
63N-8-103
(3)(c), which allows the Governor's Office of
Economic Opportunity to issue an amount of tax credit certificates only for rural productions,
is repealed on July 1, 2024.
Section 29. Section 
63I-2-226
 is amended to read:
63I-2-226.
Repeal dates: Titles 26 through 26B.
[
(1) Subsection 
26-2-12.6
(3), relating to the report for birth certificate fees, is repealed
December 31, 2022.
]
[
(2)
] 
(1)
 Subsection 
26-7-8
(3) is repealed January 1, 2027.
[
(3)
] 
(2)
 Section 
26-8a-107
 is repealed July 1, 2024.
[
(4) Subsection 
26-8a-203
(3)(a)(i) is repealed January 1, 2023.
]
[
(5)
] 
(3)
 Section 
26-8a-211
 is repealed July 1, 2023.
[
(6)
] 
(4)
 In relation to the Air Ambulance Committee, on July 1, 2024, Subsection
26-8a-602
(1)(a) is amended to read:
"(a) provide the patient or the patient's representative with the following information
before contacting an air medical transport provider:
(i) which health insurers in the state the air medical transport provider contracts with;
(ii) if sufficient data is available, the average charge for air medical transport services
for a patient who is uninsured or out of network; and
(iii) whether the air medical transport provider balance bills a patient for any charge not
paid by the patient's health insurer; and".
[
(7) Subsection 
26-18-2.4
(3)(e) is repealed January 1, 2023.
]
[
(8) Subsection 
26-18-411
(8), related to reporting on the health coverage improvement
program, is repealed January 1, 2023.
]
[
(9)
] 
(5)
 Subsection 
26-18-420
(5), related to reporting on coverage for in vitro
fertilization and genetic testing, is repealed July 1, 2030.
[
(10)
] 
(6)
 In relation to the Air Ambulance Committee, July 1, 2024, Subsection
26-21-32
(1)(a) is amended to read:
"(a) provide the patient or the patient's representative with the following information
before contacting an air medical transport provider:
(i) which health insurers in the state the air medical transport provider contracts with;
(ii) if sufficient data is available, the average charge for air medical transport services
for a patient who is uninsured or out of network; and
(iii) whether the air medical transport provider balance bills a patient for any charge not
paid by the patient's health insurer; and".
[
(11) Subsection 
26-33a-106.1
(2)(a) is repealed January 1, 2023.
]
[
(12)
] 
(7)
 Title 26, Chapter 46, Utah Health Care Workforce Financial Assistance
Program, is repealed July 1, 2027.
[
(13) Subsection 
26-61-202
(4)(b) is repealed January 1, 2022.
]
[
(14) Subsection 
26-61-202
(5) is repealed January 1, 2022.
]
[
(15)
] 
(8)
 Subsection [
26B-1-204
(2)(f)
] 
26B-1-204
(2)(e)
, relating to the Air
Ambulance Committee, is repealed July 1, 2024.
Section 30. Section 
67-1-2.5
 is amended to read:
67-1-2.5.
Executive boards -- Database -- Governor's review of new boards.
(1) As used in this section:
(a) "Administrator" means the boards and commissions administrator designated under
Subsection (3).
(b) "Executive board" means an executive branch board, commission, council,
committee, working group, task force, study group, advisory group, or other body:
(i) with a defined limited membership;
(ii) that is created by the constitution, by statute, by executive order, by the governor,
lieutenant governor, attorney general, state auditor, or state treasurer or by the head of a
department, division, or other administrative subunit of the executive branch of state
government; and
(iii) that is created to operate for more than six months.
(2) (a) Except as provided in Subsection (2)(c), before August 1 of the calendar year
following the year in which a new executive board is created in statute, the governor shall:
(i) review the executive board to evaluate:
(A) whether the executive board accomplishes a substantial governmental interest; and
(B) whether it is necessary for the executive board to remain in statute;
(ii) in the governor's review described in Subsection (2)(a)(i), consider:
(A) the funding required for the executive board;
(B) the staffing resources required for the executive board;
(C) the time members of the executive board are required to commit to serve on the
executive board; and
(D) whether the responsibilities of the executive board could reasonably be
accomplished through an existing entity or without statutory direction; and
(iii) submit a report to the Government Operations Interim Committee recommending
that the Legislature:
(A) repeal the executive board;
(B) add a sunset provision or future repeal date to the executive board;
(C) make other changes to make the executive board more efficient; or
(D) make no changes to the executive board.
(b) In conducting the evaluation described in Subsection (2)(a), the governor shall give
deference to:
(i) reducing the size of government; and
(ii) making governmental programs more efficient and effective.
(c) The governor is not required to conduct the review or submit the report described in
Subsection (2)(a) for an executive board that is scheduled for repeal under Title 63I, Chapter 1,
Legislative Oversight and Sunset Act, or Title 63I, Chapter 2, Repeal Dates by Title Act.
(3) (a) The governor shall designate a board and commissions administrator from the
governor's staff to maintain a computerized database containing information about all
executive boards.
(b) The administrator shall ensure that the database contains:
(i) the name of each executive board;
(ii) the current statutory or constitutional authority for the creation of the executive
board;
(iii) the sunset date on which each executive board's statutory authority expires;
(iv) the state officer or department and division of state government under whose
jurisdiction the executive board operates or with which the executive board is affiliated, if any;
(v) the name, address, gender, telephone number, and county of each individual
currently serving on the executive board, along with a notation of all vacant or unfilled
positions;
(vi) the title of the position held by the person who appointed each member of the
executive board;
(vii) the length of the term to which each member of the executive board was
appointed and the month and year that each executive board member's term expires;
(viii) whether members appointed to the executive board require the advice and
consent of the Senate;
(ix) the organization, interest group, profession, local government entity, or geographic
area that an individual appointed to an executive board represents, if any;
(x) the party affiliation of an individual appointed to an executive board, if the statute
or executive order creating the position requires representation from political parties;
(xi) whether each executive board is a policy board or an advisory board;
(xii) whether the executive board has or exercises rulemaking authority, or is a
rulemaking board as defined in Section 
63G-24-102
; and
(xiii) any compensation and expense reimbursement that members of the executive
board are authorized to receive.
(4) The administrator shall ensure the governor's website includes:
(a) the information contained in the database, except for an individual's:
(i) physical address;
(ii) email address; and
(iii) telephone number;
(b) a portal, accessible on each executive board's web page within the governor's
website, through which a member of the public may provide input on:
(i) an individual appointed to serve on the executive board; or
(ii) a sitting member of the executive board;
(c) each report the administrator receives under Subsection (5); and
(d) the summary report described in Subsection (6).
(5) (a) Before August 1, once every five years, beginning in calendar year 2024, each
executive board shall prepare and submit to the administrator a report that includes:
(i) the name of the executive board;
(ii) a description of the executive board's official function and purpose;
(iii) a description of the actions taken by the executive board since the last report the
executive board submitted to the administrator under this Subsection (5);
(iv) recommendations on whether any statutory, rule, or other changes are needed to
make the executive board more effective; and
(v) an indication of whether the executive board should continue to exist.
(b) The administrator shall compile and post the reports described in Subsection (5)(a)
to the governor's website before September 1 of a calendar year in which the administrator
receives a report described in Subsection (5)(a).
(6) (a) Before September 1 of a calendar year in which the administrator receives a
report described in Subsection (5)(a), the administrator shall prepare a report that includes:
(i) as of July 1 of that year, the total number of executive boards that exist;
(ii) a summary of the reports submitted to the administrator under Subsection (5),
including:
(A) a list of each executive board that submitted a report under Subsection (5);
(B) a list of each executive board that did not submit a report under Subsection (5);
(C) an indication of any recommendations made under Subsection (5)(a)(iv); and
(D) a list of any executive boards that indicated under Subsection (5)(a)(v) that the
executive board should no longer exist; and
(iii) a list of each executive board, identified and reported by the Division of Archives
and Record Services under Section 
63A-16-601
, that did not post a notice of a public meeting
on the Utah Public Notice Website during the previous fiscal year.
(b) On or before September 1 of a calendar year in which the administrator prepares a
report described in Subsection (6)(a), in accordance with Section 
68-3-14
, the administrator
shall submit the report to:
(i) the president of the Senate;
(ii) the speaker of the House of Representatives; and
(iii) the Government Operations Interim Committee.
(7) (a) On or before September 30, 2023, the administrator shall meet with the Division
of Professional Licensing, the Insurance Department, the Department of Agriculture and Food,
and the stakeholders involved with at least the following boards as part of the annual review of
executive boards:
(i) the Landscape Architects Board;
(ii) the Professional Geologist Licensing Board;
(iii) the Bail Bond Oversight Board;
(iv) the Title and Escrow Commission; and
(v) the Horse Racing Commission.
(b) The review described in Subsection (7)(a) shall consider:
(i) the funding required for the executive board;
(ii) the staffing resources required for the executive board;
(iii) the time members of the executive board are required to commit to serve on the
executive board;
(iv) whether the responsibilities of the executive board could reasonably be
accomplished through an existing entity or without statutory direction;
(v) the historical record of how many meetings the executive board held in the last five
years and the agendas of the executive board;
(vi) the ability to fill vacancies and appointments to the executive board;
(vii) the statutory duties of the executive board; and
(viii) other items to make the best recommendations for the executive board.
(8) (a) The administrator shall submit a report of the review described in Subsection
(7)(b) to the Government Operations Interim Committee before October 17, 2023,
recommending that the Legislature:
(i) repeal the executive board;
(ii) add a sunset or future repeal date to the executive board;
(iii) make other changes to make the executive board more efficient; or
(iv) make no changes to the executive board.
(b) In conducting the review described in Subsection (7)(b), the administrator shall
give deference to:
(i) reducing the size of government;
(ii) making governmental programs more efficient and effective; and
(iii) reducing the burdens of government on business.
Section 31. Section 
72-9-201
 is amended to read:
72-9-201.
Motor Carrier Advisory Board created -- Appointment -- Terms --
Meetings -- Per diem and expenses -- Duties.
(1) There is created within the department the Motor Carrier Advisory Board
consisting of five members appointed by the [
governor
] 
department
.
(2) Each member of the board shall:
(a) represent experience and expertise in the areas of motor carrier transportation,
commerce, agriculture, economics, shipping, or highway safety;
(b) be selected at large on a nonpartisan basis; and
(c) have been a legal resident of the state for at least one year immediately preceding
the date of appointment.
(3) (a) Except as required by Subsection (3)(b), as terms of current board members
expire, the [
governor
] 
department
 shall appoint each new member or reappointed member to a
four-year term.
(b) The [
governor
] 
department
 shall, at the time of appointment or reappointment,
adjust the length of terms to ensure that the terms of board members are staggered so that
approximately half of the board is appointed every two years.
(c) A member shall serve from the date of appointment until a replacement is
appointed.
(4) When a vacancy occurs in the membership for any reason, the [
governor
]
department
 shall appoint the replacement to serve for the remainder of the unexpired term
beginning the day following the day on which the vacancy occurs.
(5) The board shall elect its own chair and vice chair at the first regular meeting of each
calendar year.
(6) The board shall meet at least twice per year or as needed when called by the chair.
(7) Any three voting members constitute a quorum for the transaction of business that
comes before the board.
(8) A member may not receive compensation or benefits for the member's service, but
may receive per diem and travel expenses in accordance with:
(a) Section 
63A-3-106
;
(b) Section 
63A-3-107
; and
(c) rules made by the Division of Finance pursuant to Sections 
63A-3-106
 and
63A-3-107
.
(9) The board shall advise the department and the commission on interpretation,
adoption, and implementation of this chapter and other motor carrier related issues.
(10) The department shall provide staff support to the board.
Section 32. 
Repealer.
This bill repeals:
Section 
26-1-7.5
,
Health advisory council.
Section 
26-39-201
,
Residential Child Care Licensing Advisory Committee.
Section 
41-23-1
,
Enactment.
Section 
41-23-2
,
Text.
Section 
58-49-1
,
Short title.
Section 
58-49-3
,
Board created -- Duties.
Section 
58-71-201
,
Board.
Section 
58-75-101
,
Title.
Section 
58-75-201
,
Board.
Section 
58-77-201
,
Board.
Section 
58-83-101
,
Title.
Section 
58-83-201
,
Board.
Section 
63A-18-102
,
Definitions.
Section 
63A-18-201
,
Utah Transparency Advisory Board -- Creation --
Membership -- Duties.
Section 
63A-18-202
,
Utah Transparency Advisory Board -- Duties.