Utah Legislative Bill Tracker

Overview

HB28 extends the repeal dates for programs and committees under the Dept. of Health and Human Services. Included in those programs is the Rare Disease Advisory Council (RDAC) that was scheduled to sunset in June 2026. BioUtah is the administrator of the RDAC. It is in its fifth year of operation. BioUtah fully supports this reauthorization and has requested the funding for the work BioUtah does as administrator be increased from $9500 to $19500.

Status

The bill was approved by a 73-1-1 vote on the floor of the House on January 20. It was presented in the Senate Health and Human Services Committee on February 3 and amended to include an additional $19K in funding. The Committee recommended it for passage on a 4-0-3 vote and subsequently passed unanimously by the Senate on February 5. The bill is presently tabled due to the fiscal note and will be tabled until budgets are approved at which point the bill will be returned to the House for concurrence on the amendment that added the increased funding.

BioUtah Position

Support

Overview

This bill increases the property tax exemption for primary residential properties from 45% to 60%. The motivation for this bill is that residential property values have increased more rapidly than commercial property values resulting in residential properties shouldering more of the burden of property taxes. By increasing the exemption tax burden effectively shifts more to commercial and second home properties. This means unavoidably higher costs for businesses. BioUtah opposed this as a permanent fix addressing a temporary situation that over time will correct itself. That property tax increase would result in permanent cost increases to our members.

Status

On January 30 the bill was assigned to the House Revenue and Taxation Committee. On March 2, 2026, the bill was returned to the Rules Committee which means no further action will be taken on this bill.

BioUtah Position

Oppose

Overview

This bill addresses the use of genetic sequencing tools and the storage of genetic information. Based on the concern that genetic sequencers manufactured in a country designated a foreign adversary contain the ability to collect and transfer private DNA data to that foreign adversary for use in creating a possible biological weapon, this bill outlaws the use of sequencers made in China or other foreign adversaries and the storage of DNA data within the geographic boundaries of those adversaries. This bill was initiated at the end of the 2025 legislative session, but time ran out before the bill was prioritized. BioUtah has worked closely with the sponsor to eliminate language deemed detrimental to our members. BIO, one of our national affiliates, has assisted with replacement language. The elements BioUtah has negotiated are:

• The bill does not become effective until January 1, 2028 allowing any users of offending devices or those storing DNA date in violation of the terms to come into compliance.
• The bill originally required any entity using a DNA sequencer to certify annually they were in compliance with the provisions of this law. That feature was replaced with a single filing requirement when the bill goes effective in 2 years plus a reaffirmation filing every 10 years thereafter.
• The manufacturing of components for DNA sequencers is not affected. The law only applies to products finished in a country deemed a foreign adversary.
• Compliance can be achieved by either disposing of the device or disabling any ability to transmit data collected electronically.
• Clinical trial data or data submitted to a regulatory body part of a foreign adversary is exempted from the data storage requirements

Status

The bill received a favorable recommendation from the House Economic Development and Workforce Services Committee on a 8-0-2 vote on January 22, 2026, and was approved unanimously by the entire House of Representatives on January 29. Substitute 4 of the bill containing most of our requested amendments was then presented on February 3 in the Senate Health & Human Services Committee and approved on a vote of 4-0-3. Substitute 5 extending the effective date to January 1, 2028, was presented to the full Senate where it was approved unanimously on February 5. The bill was held in the Senate for a final floor amendment to clarify that genetic data gathered as part of a clinical trial and the storage, transfer or remote access to data is otherwise permitted under 28 D.F.R Part 202 is exempt. The bill was then approved again on a unanimous vote of the Senate and returned to the House for concurrence on February 19. On February 20 the bill was unanimously approved in the House on a concurrence vote and sent for enrolling.

BioUtah Position

Neutral

Overview

As the title suggests, this bill attempts to curtail the use of Non-Compete Agreements (NCA) by employers in the state of Utah. This battle was fought 10 years ago when industry compromised on what had for decades been standard practice of 2-year NCA’s. That compromise limited NCA’s to one year with other constraints related to scope and geography. This bill re-opens that negotiation and attempts to place significant limitations on NCA’s including making them illegal for any student, intern, non-exempt employee or employee making less than $155,000. NCA’s have been an important tool for life sciences companies. BioUtah opposes the restrictions and testified against the bill in Committee on January 30. Subsequent to the committee hearing BioUtah met with the sponsor to discuss concerns. In concert with the Salt Lake Chamber and a few other associations, proposals have been made to narrow the bill to the factors the sponsor is most concerned about – primarily low wage workers. The proposed changes include:

• Non-competes would be unenforceable in the following situations:
  • Earnings of the employee are less than the requirement for exempt status under the Fair Labor Standards Act.
  • Employee is a student who is enrolled in a full-time or part-time undergraduate or graduate program while engaging in an internship or other short-term employment with an employer.
  • The employee is 18 years old or younger.
  • An employee is terminated as part of a reduction in force without being paid a severance.
• The only exception to the above exemptions is if the employee has direct access to and consistently works with the employer’s trade secrets, research & development, or confidential and proprietary information, processes or procedures.
• Non-competes cannot be enforced against an independent contractor unless the contractor has direct access to and consistently works with the employer’s trade secrets, research & development, or confidential and proprietary information, processes or procedures.
• There will also be requirements for the employer to provide a copy of the NCA and the employee shall have up to 7 calendar days to consider whether to sign the NCA or not.

Status

The House Business, Labor and Commerce Committee heard the bill in committee on January 30. BioUtah, the SL Chamber of Commerce and Utah Manufacturers Association, among others, testified in opposition to the bill. But the committee was convinced there were abuses that warranted the legislation despite there being only anecdotal evidence of such abuses. The committee voted 10-4 to favorably recommend the bill. However, the sponsor was admonished to work with industry to address concerns before advancing the bill. After extended discussions with the Sponsor, the bill has been returned to the rules committee and will be referred for consideration during interim meetings for reconsideration in 2027. This will allow time to refine amendments to the bill to be more acceptable to all stakeholders.

BioUtah Position

Oppose

Overview

This bill simply makes clarifications to the 340B legislation passed last year. It does not introduce any new provisions. Our understanding is this bill was initiated at the request of the Utah Attorney General who is defending the state against lawsuits from the pharmaceutical industry over last year’s 340B legislation. Apparently, by making the changes in this bill it will make it easier for the state to mount their defense in the lawsuits that have been filed. BioUtah is neutral on the bill since it does not introduce new policy.

Status

The bill was heard in the House Health and Human Services Committee on January 30 and favorably recommended to the full House on a vote of 11-0. On February 4 the full house unanimously approved the bill. The bill was assigned to the Senate Health and Human Services Committee where on February 12 it was favorably recommended to the full Senate for consideration on a vote of 5-0-2. On February 19 the bill was approved by the full Senate on a unanimous vote. On February 27, Governor Cox signed this bill into law.

BioUtah Position

Neutral

Overview

Among other things, this bill creates a pilot grant program for higher education research funding by transferring between $10-20M of unearned funds from the Performance Funding Restricted Account. The program will be administered by the Nucleus Institute, a state-created entity tasked with promoting innovation in the state. The bill also provides guidance for administering the program and reporting to the legislature. In addition the bill clarifies and amends provisions governing Nucleus Institute. BioUtah strongly supports this bill.

Status

The bill has been assigned to the House Economic Development and Workforce Services Committee. On February 12, the committee voted 5-1-4 to favorably recommend the bill for consideration by the full House. BioUtah testified in favor of the bill focusing on the importance of R&D in driving innovation in the state and how this bill could help researchers compete better for limited federal funding. On February 20 the House approved the bill on a vote of 66-1-8 and forwarded the bill to the Senate for consideration. Assigned to Senate Economic Development and Workforce Services Committee on February 24. On February 26 the committee voted unanimously to favorably recommend the bill to the full Senate.

BioUtah Position

Support

Overview

Bills addressing practices of Pharmacy Benefit Managers (PBMs) have been popular in other states and on the federal level. The effort to lower costs of prescription drugs has turned from drug manufacturers to PBMs. This bill prohibits PBMs from engaging in spread pricing. Spread pricing occurs when a PBM charges a payer (like Medicaid) more than it paid to a pharmacy to acquire the drug. This practice significantly increases the cost of drugs. The bill also amends provisions related to drug maximum allowable cost, including regarding lists, appeals and claims. Overall, this bill is targeting PBM practices deemed unfavorable to costs of healthcare. Many smaller PBM’s do not engage in such practices but there are notorious examples of large national PBMs engaging in the targeted behavior. BioUtah supports appropriate changes that provide more transparency to healthcare costs and the potential to lower such costs.

The bill was substituted in committee on February 24. The effect of the substitute was to:

1. Drop the prohibition on spread pricing.
2. Eliminates the right of entities contracting with a PBM to audit the PBM's contract performance.
3. Eliminates the requirement to notify contracted pharmacies when an increase of 10% or more occurs in the pharmacy acquisition cost of a drug from 60% or more of the pharmaceutical wholesalers doing business in the state. and instead requires the pharmacy benefit manager to provide, upon request, an electronic, searchable list identifying all drugs for which maximum allowable costs have been established and for each drug specifies that national drug code and the maximum allowable cost.
4. Imposes additional requirements on the pharmacy benefit manager in the event a contract pharmacy files an appeal. It would prevent a PBM from denying an appeal without first providing evidence of a wholesale source where the drug could be acquired by the pharmacy at the price asserted by the PBM.

Status

The bill was introduced on February 9th and has yet to be assigned to a House committee for hearing. The sponsor is meeting with stakeholders regarding the bill. Given the potential controversial nature of this bill, it is likely to end up going to interim for further discussion and crafting of a bill that better meets the concerns of all parties. On February 17 a fiscal note was added to the bill indicating a $133,000 one time impact and $800,000 annual impact ongoing. On February 19 the bill was assigned to the House Health and Human Services Committee where the sponsor of the bill is the committee chair. On February 24, the bill was substituted in committee (changes in Sub 1 summarized above), and the first substitute was approved on a unanimous vote. February 27, the bill was approved by the House on a vote of 62-1-12 and sent to the Senate for consideration. On March 2, 2026 the Senate Economic Development and Workforce Services Committee forwarded it to the full Senate for consideration on a vote of 2-1-3.

BioUtah Position

Support

Overview

This bill requires that taxpayers add back to state adjusted income all amounts deducted on the taxpayer’s federal return for research and development costs legally deductible on the federal return as an ordinary business expense. The bill provides further that taxpayers incurring research and development costs that are added back to state adjusted income may take such expense and amortize it ratably over 60 months beginning with the midpoint of the taxable year in which taxpayer pays or incurs the domestic research and experimental expenses. The bill also reduces the state income tax from 4.5% to 4.45%.

This bill pairs the five hundredth percent income tax reduction with new tax policy and appropriations to pay for the income tax reduction. The bill includes transferring over $88M from the Utah System of Higher Education Capital Projects fund. The transfer of funds and the new taxes generated by the tax policy change to require amortization of Research and Development costs appear to be the funding sources for the income tax rate reduction.

This legislation de-couples the state tax code from the federal tax code with regards to how research and development costs are expensed for tax purposes. Since 1954 the federal tax code has recognized research and development costs as ordinary business expenses. In 2017 the Tax Cuts and Jobs Act was passed by the federal government implementing the requirement that R&D expenses be amortized over 60 months starting in 2022. Due to the negative impacts of the tax policy change on research and innovation combined with research-intense industries pushing back on the policy, the federal government reverted back to the treatment of R&D expenses as ordinary business expenses recognized in the period incurred. The vehicle for that change was the One Big Beautiful Bill passed in July 2025.

There have been other states that have decoupled from federal government treatment of R&D expenses as ordinary business expenses including California, Delaware, Washington DC, Hawaii, Maine, Michigan, Pennsylvania, Rhode Island, Vermont and Virginia. States that rarely align with business-friendly policy that Utah has long been known for.

BioUtah strongly opposes this legislation for the same reasons the policy was opposed at the federal level. Research is the fuel of innovation and innovation is the engine for creating jobs. This policy will not only weaken research in Utah but seriously slow innovation while in the process penalizing members of the life sciences industry that have been such a strong contributor to the state economic engine. A tax policy that is punitive toward research-intensive companies cannot help but cause loss of jobs and discourage companies from considering Utah for research functions.

It may also create tax liability for small companies that have no revenue other than collaboration agreements or taxable grants who can no longer match expense of research against the income used to fund the research resulting in funds that would have been used for research being diverted to pay income tax.

Some argue that companies are not harmed because they benefit from the reduced income tax rate. However, a five one-hundredth of a percent drop in income tax rate will not offset the extra tax paid by profitable companies who lose significant deductions related to research and development. Furthermore, as previously stated, it could create a tax liability for a non-revenue company that only has research grants as taxable income.

Overall, this policy is bad for the life sciences industry and bad for the state of Utah that has identified life sciences as one of the key targeted industries because of the high-paying jobs it generates. This tax policy stands in direct conflict with the economic development objectives of the Governors Office of Economic Opportunity.

Proponents of the bill argue that they feel it is better policy to provide a five one-hundredth percent reduction in tax rate to all taxpayers than allow a portion of businesses to benefit from expensing research & development costs as an ordinary business expense. It is a direct assault on industries in Utah that are research-intensive and will ultimately drive such companies and jobs to jurisdictions with more favorable tax policy and punish those who remain in Utah.
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On February 26, a second substitute was introduced that removed all language about changes to the tax policy addressing R&D expenses and eliminating the appropriation of capital project funds from the system of higher education. Given these changes, BioUtah now supports the bill.

Status

The bill was introduced and numbered on February 19, 2026, just 11 days before the end of the legislative session. The bill appears to have support of House leadership but faces an uphill battle in the Senate. Regardless, opposition to this bill needs to be loud and strong from the life sciences industry. After the second substitute was introduced removing the problematic language the bill remains in the House rules committee.

BioUtah Position

Oppose

Overview

This bill initially only targeted large data centers. However, the second substitute changed the title and the applicability to include large industrial facilities defined as any facility that consumes more the 75 acre feet of water per year which translates to just short of 25 million gallons of water per year. While few life sciences facilities would be affected by this bill, it will require those who are to report annually by July 1 of the subsequent year the following items:

1. efforts made to reduce water consumption over the calendar year;
2. actual withdrawals for the calendar year;
3. efforts to protect the environment and public from polluted water, if applicable,
in the calendar year; and
4. other information required by the division by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.

The reported information will be published each year by September 1 of the year in which it is reported. There are some limited exceptions of proprietary data not being subject to disclosure. Fines of $100 per day will be assessed for delinquent reporting.

The bill also addresses requirements for the construction of a large industrial facility.

Status

The original bill was unanimously approved in committee and by the full House before being sent to the Senate for consideration on January 30, 2026. It has been stuck in the Senate Rules committee while the substitute bills have been worked out. Bill was assigned to the Senate Natural Resources, Agriculture and Environment Committee.

BioUtah Position

Support

Overview

Naloxone Amendments proposes to limit liability for good faith actions administering opiate antagonists if they are less than 24 months past the stated expiration date. The bill also imposes educational requirements on health care providers who dispense opiate antagonists to an overdose outreach provider including the risks of administering an expired opiate antagonist. BioUtah supports the intent of this bill to protect good Samaritan actions, but has potential concerns with some language. We are monitoring the bill.

Status

The bill was favorably recommended on a unanimous vote by the Senate Health and Human Services Committee on January 21 and passed the full Senate on a unanimous vote on February 3, 2026. On February 12, 2026 the bill was approved by the House Health and Human Services Committee on a 10-0-4 vote. The committee recommended the bill to the full house where the bill was unanimously approved on February 19 and sent for enrolling. Draft of Enrolled Bill Prepared on 2/22/26.

BioUtah Position

Support

Overview

The current state of Right to Try in Utah is limited to certain terminally ill patients. This bill would expand options for Right to Try to include other conditions by removing the requirement that a patient have a terminal illness to access an investigational drug and amends the definition regarding the forms a medicine may take. BioUtah supports the legislation. The Utah Medical Association has expressed concerns that this bill unfairly raises hopes for patients and may expose them to unnecessary risk. They oppose the bill. The bill was substituted on the floor of the Senate on February 20 with amendments that:
1) Changed the language that allowed a patient to opt for an investigational device or drug only when no other option is available. Prior language said when limited options were available.
2) Can only use an investigational device or drug that is currently undergoing an FDA approved clinical trial. Prior language would have allowed use of any drug or device that had completed a Phase 1 trial.
3) Restores the definition of terminal illness and its application when the prior draft simply addressed an eligible illness broadening beyond terminal illness. Although the definition of eligible illness has been narrowed and left in the bill alongside terminal illness.

Status

The bill was numbered and introduced on January 29, 2026 and heard in the Senate Health and Human Services Committee on February 3 where it was advanced to the full Senate with a favorable recommendation on a 3-1-3 vote. The amended bill was approved on Feb 20 on a unanimous vote by the Senate. On February 23, the bill passed a final reading unanimously in the Senate and was sent to the House for consideration. The bill was favorably recommended by the House Health and Human Services Committee on February 27 and now moves to the full House for consideration.

BioUtah Position

Support

Overview

This bill adds vaccines and epinephrine to the list of prescription drugs that a pharmacist may prescribe. It also permits online sale of pseudoephedrine under certain circumstances and requires the Division of Professional Licensing in collaboration with the Board of Pharmacy to implement electronic tracking to monitor the sale of pseudoephedrine under certain circumstances. It also amends the definition of a collaborative pharmacy practice agreement to conform to other provisions of code. Liberalizing the distribution of vaccines is a concept BioUtah supports.

Status

Bill was heard in the Senate Business and Labor Committee on February 12 and received a vote of 6-0-2 to favorably recommend the bill for approval. On February 24, the full Senate unanimously approved the bill. On March 2 the bill was referred to the House Health and Human Services Committee.

BioUtah Position

Support

Overview

This bill deals with Preauthorization process by health insurance providers and requires an insurer to post certain information regarding preauthorizations and preauthorization requirements on the insurer’s website to provide more transparency about preauthorization procedures. The bill also requires the insurer to disclose if they use Artificial Intelligence in reviewing preauthorization requests and requires the insurer to respond within 5 business days to any request. The bill amends reporting requirements to the Insurance Department regarding preauthorization and that a reviewer must use independent medical judgment and not rely solely on recommendations from any other source. If the insurer issues an adverse preauthorization determination it must provide certain information in that notice.

Status

The bill was introduced and sent to the Senate Rules Committee on February 23, 2026 and assigned to the Senate Business & Labor Committee on February 25. On February 27, the bill was heard in committee and favorably recommended to the full Senate for consideration.

BioUtah Position

Support

Overview

In the event Federal funds supporting Utah state Medicaid expansion drop below 90%, the bill makes provisions for how the state will end the Medicaid expansion program. The bill also requires the state Department of Health and Human Services to prepare a plan to address the potential of losing federal funds. The second substitute of the bill introduced on February 13 also makes provisions related to the targeted adult Medicaid program.

Status

The bill was assigned to the House Revenue and Taxation Committee on February 13, 2026. The bill was heard in committee on February 18, 2026 and received a favorable recommendation on a unanimous vote from the committee. The House approved the bill on a vote of 63-1-11 on February 24 and the bill was sent to the Senate for consideration and on February 26 assigned to the Senate Health & Human Services committee for a hearing where it was unanimously approved and sent to the Senate floor on the Consent Calendar.

Overview

Allows a pharmacist to dispense Ivermectin without a doctor’s prescription.

Status

The bill was assigned to the House Health and Human Services Committee on January 27. On February 9, a motion to advance the bill favorably failed on a vote of 5-7-2 in the House Health and Human Services Committee.

Overview

Prohibits providing electroconvulsive therapy to minors.

Status

The bill was assigned to the House Health and Human Services Committee on January 26, but has not yet been heard in committee.

Overview

Eliminates the current requirement that parents opting out of school mandated vaccines take an educational course about the benefits of vaccines as part of the opt out process. The bill was initially amended to eliminate the ability of educational institutions to require vaccines for students. Then it was amended back to the original intent of removing the educational requirement.

Status

The bill was heard in the House Health and Human Services Committee on January 30. It failed on a 6-6-2 vote.

Overview

This is an amendment to a bill last year that allowed a pharmacist to substitute medication upon approval from the doctor as noted on the prescription. This bill amends that process to eliminate the requirement that the pharmacist report back to the doctor that a substitution occurred.

Status

It was approved on January 27 in the House Health and Human Services Committee on a 12-0-2 vote and approved unanimously by the full House on February 6. The Senate Health and Human Services Committee voted 5-0-2 on February 12 to favorably recommend the bill for consideration by the full Senate. On February 19, the Senate approved the bill unanimously with a minor amendment. The bill now returns to the House for concurrence. On February 20 the bill was unanimously approved in the House on a concurrence vote and sent for enrolling.

Overview

This bill makes non-compete agreements for medical practitioners unenforceable and voids non-solicitation agreements between a person and a healthcare worker under certain circumstances.

Status

The bill was approved by the House Health and Human Services Committee on February 4 vote, 11-0-3. The bill was approved unanimously by the full House of Representatives on February 17, 2026. On February 25 the bill was assigned to the Senate Business & Labor Committee where it was favorably recommended on February 27 for consideration by the full Senate.

Overview

This bill proposes to lower the threshold for companies to comply with requirements to verify employee eligibility for employment from 150 to 50 employees. The House Business, Labor and Commerce Committee amended the threshold to 100 employees.

Status

The bill was assigned to the House Business, Labor and Commerce Committee on February 3. While in committee the bill was amended to raise the minimum threshold of employees required to comply with legal working verification requirements from the proposed amount of 50 employees to 100 employees. As amended the Business Labor and Commerce Committee favorably recommended the bill for consideration by the full house on a vote of 10-3. The full house approved the bill on a vote of 55-14-6 on February 24 and the bill was sent to the Senate for consideration. On February 26 the bill was assigned to the Senate Government Operations and Political Subdivisions Committee for a hearing. On March 2, the bill was amended to bump the minimum up from 100 to 125. However, the bill still failed in committee on a vote of 3-4-0.

Overview

This bill dictates how the State will use almost $200 million in Funding for rural hospital and healthcare.

Status

House Rules Committee approved the bill on a 5-0-3 vote on January 28 and approved unanimously by the full House on February 6. On February 13, the Senate Revenue and Taxation Committee favorably recommended the bill to the full Senate on a vote of 4-0-3. On February 25, the bill passed the Senate second reading on a unanimous vote. The bill has been sent for enrolling and preparation for the Governor’s signature.

Overview

This bill requires that providers of stem cells ascertain that the medical practitioners will comply with the law that they notify their patients according to the law.

Status

Approved by the Senate Health and Human Services Committee on a 3-0-4 vote on January 26. The full senate approved the bill unanimously on February 10 and the bill was sent to the House where it has been assigned to the House Health and Human Services Committee for a hearing. On February 18, the bill was favorably recommended the full House on a unanimous vote by the Health and Human Services Committee and approved on a unanimous vote by the House on February 25, 2026 and sent for enrolling.

Overview

Allows prescriptions to remain valid for 2 years instead of 1.

Status

Bill has been assigned to the Senate Health and Human Services Committee.

Overview

Provides for lowering income tax levels from 4.55% to 4.5%.

Status

Bill has been approved by the Senate Revenue and Taxation Committee on a 3-2-2 vote on January 28 and is pending action by the full Senate where the bill has been circled awaiting approval by leadership to move forward.

Overview

This bill establishes a statewide youth apprenticeship governance council and authorizes participation in the federal Workforce Pell Grant program.

Status

Approved on a 5-0-1 vote by the Senate Economic Development and Workforce Services Committee on January 28 and was approved by the full Senate on a vote of 21-0-8 on February 13. On February 17 the First Substitute was replaced with a second substitute and approved by the Senate on a unanimous vote. The bill has been assigned to the House Economic Development and Workforce Services Committee. On February 24, the Economic Development and Workforce Services Committee issued a favorable recommendation on a vote of 6-1-3 and on February 26 the bill was approved by the full house and sent for enrolling.