Download Zipped Enrolled WP 8.0 HB0249.ZIP 6,480 Bytes
[Introduced][Status][Bill Documents][Fiscal Note] [Bills Directory]

H.B. 249 Enrolled

                 

DIVISION OF OCCUPATIONAL AND PROFESSIONAL

                 
LICENSING ACT AMENDMENTS

                 
1999 GENERAL SESSION

                 
STATE OF UTAH

                 
Sponsor: Patrice M. Arent

                  AN ACT RELATING TO OCCUPATIONAL AND PROFESSIONAL LICENSING; REVISING
                  THE DIVERSION PROGRAM; INCREASING THE MAXIMUM DURATION OF DIVERSION
                  PROGRAMS; TOLLING THE STATUTE OF LIMITATIONS FOR ADMINISTRATIVE
                  ACTION DURING DIVERSION; AND MAKING TECHNICAL CHANGES.
                  This act affects sections of Utah Code Annotated 1953 as follows:
                  AMENDS:
                      58-1-404, as renumbered and amended by Chapter 297, Laws of Utah 1993
                  Be it enacted by the Legislature of the state of Utah:
                      Section 1. Section 58-1-404 is amended to read:
                       58-1-404. Diversion -- Procedure.
                      (1) As used in this section, "diversion" means suspending action to discipline a licensee
                  charged with certain offenses within the category of unprofessional conduct on the condition that
                  the licensee agrees to participate in an educational or rehabilitation program or fulfill some other
                  condition.
                      (2) (a) The director may establish, as circumstances require, a diversion advisory
                  committee for each occupation or profession or similar groups of occupations or professions
                  licensed by the division. The committees shall assist the director in the administration of this
                  section.
                      (b) Each committee shall consist of three or more licensees from the same or similar
                  occupation or profession as the person whose conduct is the subject of the committee's
                  consideration. The members of a diversion advisory committee shall be [nominated] appointed
                  by the director from nominations submitted by the corresponding board established for the same
                  or similar occupation or profession under Section 58-1-201 or from other qualified nominees
                  developed by or submitted to the division. Committee members may not serve concurrently as


                  members of the corresponding board. Committee members shall serve voluntarily without
                  remuneration. The director may dissolve any diversion advisory committee, remove or request the
                  replacement of any member of a committee, and establish any procedure that is necessary and proper
                  for a committee's administration.
                      (3) The director may, after consultation with the appropriate diversion advisory committee
                  and by written agreement with the licensee, divert the licensee to a diversion program, at any time
                  after receipt of a complaint, prior to notifying a licensee that formal disciplinary action for
                  unprofessional conduct is being considered against the licensee, or prior to the conclusion of a
                  hearing under Section 58-1-108 .
                      (4) The division shall define by rule the particular offenses within the category of
                  unprofessional conduct which may be subject to diversion. A licensee may be eligible for a diversion
                  program only once for the same or similar offense and is not eligible if previously disciplined by the
                  division, by a licensing agency of another state, or by a federal government agency for the same or
                  a similar offense. Diversion programs may not be longer than [two] five years. A decision by the
                  director not to divert a licensee is not subject to appeal or judicial review.
                      (5) A licensee may be represented by counsel during the negotiations for diversion, at the
                  time of the execution of the diversion agreement, and at any hearing before the director relating to
                  a diversion program.
                      (6) Any diversion agreement entered into between the division and the licensee shall contain
                  a full detailed statement of the requirements agreed to by the licensee and the reasons for diversion.
                      (7) A diversion agreement may not be approved unless the licensee in the agreement
                  knowingly and intelligently waives the right to a hearing under Section 58-1-108 .
                      (8) The director shall dismiss the charges against a licensee who has completed the
                  requirements of his diversion agreement. The licensee may not thereafter be subject to disciplinary
                  action for the conduct involved.
                      (9) Diversion is not a determination that charges have been proven. If the charges are
                  dismissed following diversion, the matter shall be treated as if the charge had never been filed,
                  except the fact that a licensee has completed a diversion program and the terms and conditions of

- 2 -


                  the diversion program may be considered by the division in determining appropriate disciplinary
                  action to be taken in the event the licensee is charged in the future with the same or a similar offense.
                  No reporting or release of information regarding the diversion program of an individual licensee or
                  the fact that charges were filed may be made to anyone outside the division. The licensee may not
                  be required to report to any person, agency, or corporation the fact that he has been subject to a
                  diversion program if the licensee successfully completes the diversion program. Negotiations or
                  hearings regarding diversion may not be subject to the requirements of Title 52, Chapter 4, Open and
                  Public Meetings.
                      (10) If, during the course of the diversion of a licensee, information is brought to the
                  attention of the director that the licensee has violated the diversion agreement, and if it appears in
                  the best interest of the public to proceed with the charges, the director after consultation with the
                  diversion advisory committee, shall cause to be served on the licensee an order to show cause
                  specifying the facts relied upon by the director to terminate diversion and which sets a time and place
                  for a hearing to determine whether or not the licensee has violated the diversion agreement. If, after
                  the hearing, the director finds that the licensee has failed to comply with any terms or conditions of
                  the diversion agreement, the director shall proceed with the charges against the licensee which
                  resulted in the diversion agreement plus any additional charges of unprofessional conduct arising
                  from a violation of the diversion agreement.
                      (11) The administrative statute of limitations for taking disciplinary action described in
                  Subsection 58-1-401 (5) shall be tolled during a diversion program.

- 3 -


[Bill Documents][Bills Directory]