(1) As used in this section: (a) "Advanced practice provider" means an individual licensed to practice as: (i) an advanced practice registered nurse under Chapter 31b, Nurse Practice Act; (ii) a certified nurse midwife under Chapter 44a, Nurse Midwife Practice Act; or (iii) a physician assistant under Chapter 70a, Utah Physician Assistant Act. (b) "Health care facility" means the same as that term is defined in Section 26B-4-501. (c) "Health care services platform" means a person that operates or offers for use a platform. (d) (i) "Health care worker" means an individual who provides or delivers a health care service, or assists in the provision or delivery of a health care service, including a service for which no license or certification under this title is required. (ii) "Health care worker" does not include: (A) a physician; or (B) an advanced practice provider. (e) "Physician" means an individual licensed to practice as a physician or osteopath under Chapter 67, Utah Medical Practice Act, or Chapter 68, Utah Osteopathic Medical Practice Act. (f) "Platform" means an electronic program, system, or application through which a health care worker may accept a shift to perform a health care service or role, as an independent contractor, at a health care facility. (2) (a) No later than September 1, 2025, the division shall establish the registration system described in Subsection (5)(a). (b) Beginning January 1, 2026, no person shall operate a health care services platform in the state without a valid registration issued by the division. (3) A health care services platform shall: (a) register with the division, and pay the applicable registration and renewal fees established by the division under Subsection (5)(a); (b) retain records demonstrating that, for each shift a health care worker using the platform seeks to accept: (i) the health care worker meets all minimum applicable, state and federal: (A) licensing standards; (B) training standards, including supervised training requirements; and (C) continuing education standards; (ii) the health care worker has completed and passed applicable background checks for any shift a health care worker using the platform seeks to accept; and (iii) the health care services platform maintains general liability or professional liability insurance; and (c) meet any additional requirements the division establishes in rule. (4) A health care services platform may not: (a) require a health care worker to enter into a non-compete agreement; (b) accept a fee, payment, or benefit from a health care worker, a health care provider, or a health care facility, as compensation for a health care worker accepting an offer of employment from a health care provider or facility; or (c) restrict a health care worker from: (i) finding or accepting a shift using another platform; or (ii) finding or accepting a shift or employment with a health care provider or facility. (5) (a) The division shall, in accordance with this section: (i) (A) establish and maintain a registration program for health care services platforms; and (B) review and issue a decision on each application for registration or renewal as a health care services platform no later than 30 days after the day on which the application is submitted; (ii) establish, impose, and collect an initial registration fee, and an annual renewal registration fee: (A) in accordance with Section 63J-1-504; (B) each of which amounting to not more than $500; and (C) that generate sufficient revenue, when paid by all registrants, to cover or substantially cover the costs for the establishment and maintenance of the registration program described in this Subsection (5)(a); and (iii) adopt rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to effectuate and administer this section. (b) The division may deny, refuse to renew, revoke, place conditions on, or suspend the registration of a health care services platform for failure to comply with the requirements of this section, or of division rule adopted under Subsection (5)(a)(iii).
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