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(1) There is created the Utah Education and Telehealth Network, or UETN.
(2) UETN shall:
(a) coordinate and support the telecommunications needs of public and higher education, public libraries, and entities affiliated with the state systems of public and higher education as approved by the Utah Education and Telehealth Network Board, including the statewide development and implementation of a network for education, which utilizes satellite, microwave, fiber-optic, broadcast, and other transmission media;
(b) coordinate the various telecommunications technology initiatives of public and higher education;
(c) provide high-quality, cost-effective Internet access and appropriate interface equipment for schools and school systems;
(d) procure, install, and maintain telecommunication services and equipment on behalf of public and higher education;
(e) develop or implement other programs or services for the delivery of distance learning and telehealth services as directed by law;
(f) apply for state and federal funding on behalf of:
(i) public and higher education; and
(ii) telehealth services;
(g) in consultation with health care providers from a variety of health care systems, explore and encourage the development of telehealth services as a means of reducing health care costs and increasing health care quality and access, with emphasis on assisting rural health care providers and special populations; and
(h) in consultation with the Utah Department of Health, advise the governor and the Legislature on:
(i) the role of telehealth in the state;
(ii) the policy issues related to telehealth;
(iii) the changing telehealth needs and resources in the state; and
(iv) state budgetary matters related to telehealth.
(3) In performing the duties under Subsection (2), UETN shall:
(a) provide services to schools, school districts, and the public and higher education systems through an open and competitive bidding process;
(b) work with the private sector to deliver high-quality, cost-effective services;
(c) avoid duplicating facilities, equipment, or services of private providers or public telecommunications service, as defined under Section 54-8b-2;
(d) utilize statewide economic development criteria in the design and implementation of the educational telecommunications infrastructure; and
(e) assure that public service entities, such as educators, public service providers, and public broadcasters, are provided access to the telecommunications infrastructure developed in the state.
(4) The University of Utah shall provide administrative support for UETN.
(5)
(a) The Utah Education and Telehealth Network Board, which is the governing board for UETN, is created.
(b) The Utah Education and Telehealth Network Board shall have 13 members as follows:
(i) five members representing the state system of higher education, of which at least one member represents technical colleges, appointed by the commissioner of higher education;
(ii) four members representing the state system of public education appointed by the State Board of Education;
(iii) one member representing the state library appointed by the state librarian;
(iv) two members representing hospitals as follows:
(A) the members may not be employed by the same hospital system;
(B) one member shall represent a rural hospital;
(C) one member shall represent an urban hospital; and
(D) the chief administrator or the administrator's designee for each hospital licensed in this state shall select the two hospital representatives; and
(v) one member representing the office of the governor, appointed by the governor.
(c) When a vacancy occurs in the membership for any reason, the replacement shall be appointed for the unexpired term.
(d)
(i) The board shall elect a chair.
(ii) The chair shall set the agenda for the board meetings.
(6) A member of the board 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.
(7) The board:
(a) shall hire an executive director for UETN who may hire staff for UETN as permitted by the budget;
(b) may terminate the executive director's employment or assignment;
(c) shall determine the executive director's salary;
(d) shall annually conduct a performance evaluation of the executive director;
(e) shall establish policies the board determines are necessary for the operation of UETN and the administration of UETN's duties; and
(f) shall advise UETN in:
(i) the development and operation of a coordinated, statewide, multi-option telecommunications system to assist in the delivery of educational services and telehealth services throughout the state; and
(ii) acquiring, producing, and distributing instructional content.
(8) The executive director of UETN shall be an at-will employee.
(9) UETN shall locate and maintain educational and telehealth telecommunication infrastructure throughout the state.
(10) Educational institutions shall manage site operations under policy established by UETN.
(11) Subject to future budget constraints, the Legislature shall provide an annual appropriation to operate UETN.
(12) If the network operated by the Division of Technology Services is not available, UETN may provide network connections to the central administration of counties and municipalities for the sole purpose of transferring data to a secure facility for backup and disaster recovery.