(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).
Amended by Chapter 78, 2026 General Session