REPORT on the 2016 UTAH LEGISLATIVE SESSION the 2016 Legislative Session Was Excellent for the University of Utah. Thanks To
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REPORT ON THE 2016 UTAH LEGISLATIVE SESSION The 2016 Legislative Session was excellent for the University of Utah. Thanks to President Pershing’s outstanding leadership and the positive outreach of our university advocates, we were able to secure a two-percent performance-based compensation increase plus the additional cost of benefits for faculty and staff. Additionally, we are pleased to report the University received approval to commence the planning and design of the Medical Education and Discovery Complex. SUCCESSES FOR THE UNIVERSITY OF UTAH Ø 2% performance-based compensation increase plus an appropriation for the increased cost in benefits Ø Intent language to allow the University to begin planning and design for the Medical Education and Discovery/Rehabilitation Hospital Ø Approval to bond up to $50M to construct the David Eccles School of Business Executive Education Building Ø $8.8M in one-time funding for the Regents Scholarship program Ø $5M in one-time funding for Performance Based Funding of which will be distributed by formula to all institutions of higher education Ø $5M in ongoing funding for Market Demand Programs which will be distributed by formula to all institutions of higher education (UofU estimate $1.8M ongoing) Ø $1.8M from last year’s Engineering Initiative funding Ø $1.5M in ongoing funding for the University of Utah and Dixie State University Healthcare Partnership program Ø $1.5M in ongoing funding for Strategic Workforce Amendments (SB103) Ø $1.2M in one-time funding for the Huntsman Cancer Institute Ø $1M in one-time funding for the Utah Advanced Materials and Manufacturing Initiative Ø $500,000 in one-time funding for the College of Dentistry Ø $300,000 in ongoing funding for the Accelerated Foreign Language Course (SB152) Ø $116,000 in ongoing funding and $54,000 in one-time funding for the Reading Clinic Ø $200,000 in one-time funding for the Natural History Museum of Utah Ø $6,271,200 in ongoing funding for capitol improvements SIGNIFICANT LEGISLATION HB58 Hemp Extract Amendments Passed Sponsored by Representative Gage Froerer This bill extends the sunset date of the cannibidiol oil law to 2021 and amends the definition of "hemp extract" to include extract that is composed of at least 5% cannabidiol by weight (currently set at 15%). HB79 Nonpatient Cause of Action Passed Sponsored by Representative Kay McIff Allows for a non-patient cause of action if a non-patient shows that they were injured and the injury was proximately caused by the act/omission of a provider and the provider acted with "knowing disregard" for the non-patient's safety or with gross negligence. HB93 Organ Donor Amendments Passed Sponsored by Representative Gage Froerer Requires USHE institutions to electronically notify students twice a year advocating organ donation. USHE worked with Representative Froerer clarifying how institutions could communicate to students. HB155 S02 Reporting of Child Pornography Passed Sponsored by Representative Todd Weiler This bill requires a computer technician who finds child pornography in the course of their work to report the finding to law enforcement or the federal cyber tip line for child pornography. Provides that employers may establish a procedure to report the child pornography and that willful failure to report the child pornography is a class B misdemeanor. HB188 Paid Family Leave Failed Sponsored by Senator Luz Escamilla This bill would have required an executive agency to provide an eligible employee paid parental leave upon the birth or adoption of the employee’s child and would have required the Department of Human Resource Management to adopt rules to administer parental leave. HB240 S01 Opiate Overdose Response Act Passed Sponsored by Representative Carol Spackman Moss This bill renames the Emergency Administration of Opiate Antagonist Act as the Opiate Overdose Response Act, authorizes an overdose outreach provider to furnish an opiate antagonist without civil liability, requires an overdose outreach provider to furnish instruction on how to recognize and respond appropriately to an opiate-related drug overdose event, exempts an overdose outreach provider from licensure under the Pharmacy Practice Act, specifies that the prescribing or dispensing of an opiate antagonist by a dentist is not unprofessional or unlawful conduct and makes technical changes. HB251 S10 Post-employment Restrictions Amendments Passed Sponsored by Senator Stuart Adams Enacts the Post-Employment Restrictions Act and bans post-employment restrictive covenants for a period of more than one year from the day on which the employee is no longer employed by the employer. A post-employment restrictive covenant that violates this section is void and attorney fees and actual damages can be awarded if a court finds the past employment restrictive covenant is unenforceable. HB265 S01 Mental Health Practitioner Amendments Passed Sponsored by Steve Eliason This bill creates state income tax credits for psychiatrists and psychiatric mental health nurse practitioners under certain circumstances. HB262 Campus Anti-harassment Act Failed Sponsored by Representative Kim Coleman This bill defines discriminatory harassment and stipulates that an institution of higher education must take action against discriminatory harassment immediately after gaining knowledge of the act. USHE institutions, the Commissioner’s Office, and the Attorney General’s office had concerns regarding the bill’s legality, the increased legal liability and increased costs of implementation. The bill was held in the House Judiciary Committee. The issues addressed in the bill will be further discussed in the interim. HB300 S01 Body-Worn Cameras for Law Enforcement Officers Passed Sponsored by Representative Dan McCay Provides that a law enforcement agency that uses body-worn cameras shall have a written policy governing the use of the cameras that meets or exceeds the minimum guidelines provided in the statute, prohibits certain uses of body-warn cameras by police officers and classifies parts of audio/video recordings created by body-warn cameras as private if they are made inside a home/residence and contain images of minors or nudity. HB304 S02 Online Prescribing and Dispensing of Medical Devices Failed This bill authorizes an optometrist to engage in the delivery of online pharmaceutical services, authorizes the online prescribing and dispensing of medical devices, prohibits the Division of Occupational and Professional Licensing from approving a device for online prescribing and dispensing unless the division provides the respective professional licensing board with an opportunity for input, establishes specials requirements for the online prescribing of contact lenses, catheters, and devices used by a patient for the care or management of diabetes, specifies that health insurance is not required to pay for the online prescribing or dispensing of medical devices, including contact lenses. HB337 S01 Student Right to Active Counsel Failed Sponsored by Representative Kim Coleman This bill requires notification of right of counsel for disciplinary meetings between a student and individual from a higher education institution. Serious concerns exist regarding the increased staffing costs and increase in litigation due to the several types of damages a court may award. Legal counsel from several institutions met with Representative Coleman to explore possible solutions. The bill failed in the Senate after a floor amendment was made to narrow the impact of the bill. HB340 S03 Telehealth Revisions Failed Sponsored by Representative Ken Ivory Amends the Medical Assistance Act and the Public Employees' Benefit and Insurance Program Act to provide coverage for certain telehealth services. HB353 Institutions of Higher Education Disclosure Provisions Failed Sponsored by Representative Kim Coleman This bill requires institutions of higher education to disclose information including rates of completion, job placement, and wage earnings for each academic program. It also requires notification and acknowledgement of all students as they enroll. The bill was not considered by the House Education committee. HB365 Campus Free Expression Act Failed Sponsored by Representative Kim Coleman This bill creates requirements for USHE institutions related to free speech activity. The legislation replicates best practices regarding free-speech already in place at USHE institutions but adds a private right of action that would add unnecessary administrative and litigation costs. The bill was held by the House Judiciary committee. The issues addressed in the bill will be discussed in the interim. HB424 S01 Coordination of Health Insurance Benefit Passed Sponsored by Representative Norman K. Thurston This bill requires a health care provider to return overpayments, with interest, to patients in certain circumstances. HB432 S01 Government Nonprofit Entity Compliance Amendments Failed Sponsored by Representative Kim Coleman This bill provides that governmental nonprofit entities would be subject to the Open and Public Meetings Act, the Government Records Access and Management Act, and the Accounting Reports. USHE institutions have several nonprofit private-public partnerships that would unduly be subject to these requirements. The bill was sent to the House Rules Committee for filing upon vote of the House Revenue and Taxation Committee. HB437 Health Care Revisions Passed Sponsored by Representative Jim Dunnigan This bill implements a health coverage improvement program