S.B. 46

1

DECEPTION DETECTION EXAMINERS
2 LICENSING ACT AMENDMENTS
3 2001 GENERAL SESSION
4 STATE OF UTAH
5 Sponsor: John W. Hickman
6 This act modifies the exemptions from licensure under the Division of Occupational and
7 Professional Licensing Act to include an exemption for peace officers operating a voice stress
8 analyzer within the scope of their employment. The act requires training of the officer and
9 compliance with standards as part of the exemption.
10 This act affects sections of Utah Code Annotated 1953 as follows:
11 AMENDS:
12 58-1-307, as last amended by Chapter 168, Laws of Utah 2000
13 Be it enacted by the Legislature of the state of Utah:
14 Section 1. Section 58-1-307 is amended to read:
15 58-1-307. Exemptions from licensure.
16 (1) Except as otherwise provided by statute or rule, the following persons may engage in
17 the practice of their occupation or profession, subject to the stated circumstances and limitations,
18 without being licensed under this title:
19 (a) a person serving in the armed forces of the United States, the United States Public
20 Health Service, the United States Department of Veterans Affairs, or other federal agencies while
21 engaged in activities regulated under this chapter as a part of employment with that federal agency
22 if the person holds a valid license to practice a regulated occupation or profession issued by any
23 other state or jurisdiction recognized by the division;
24 (b) a student engaged in activities constituting the practice of a regulated occupation or
25 profession while in training in a recognized school approved by the division to the extent the
26 activities are supervised by qualified faculty, staff, or designee and the activities are a defined part
27 of the training program;

28 (c) an individual engaged in an internship, residency, preceptorship, postceptorship,
29 fellowship, apprenticeship, or on-the-job training program approved by the division while under
30 the supervision of qualified persons;
31 (d) an individual residing in another state and licensed to practice a regulated occupation
32 or profession in that state, who is called in for a consultation by an individual licensed in this state,
33 and the services provided are limited to that consultation;
34 (e) an individual who is invited by a recognized school, association, society, or other body
35 approved by the division to conduct a lecture, clinic, or demonstration of the practice of a regulated
36 occupation or profession if the individual does not establish a place of business or regularly engage
37 in the practice of the regulated occupation or profession in this state;
38 (f) an individual licensed under the laws of this state, other than under this title, to practice
39 or engage in an occupation or profession, while engaged in the lawful, professional, and competent
40 practice of that occupation or profession;
41 (g) an individual licensed in a health care profession in another state who performs that
42 profession while attending to the immediate needs of a patient for a reasonable period during
43 which the patient is being transported from outside of this state, into this state, or through this
44 state;
45 (h) an individual licensed in another state or country who is in this state temporarily to
46 attend to the needs of an athletic team or group, except that the practitioner may only attend to the
47 needs of the athletic team or group, including all individuals who travel with the team or group in
48 any capacity except as a spectator;
49 (i) an individual licensed and in good standing in another state, who is in this state:
50 (i) temporarily, under the invitation and control of a sponsoring entity;
51 (ii) for a reason associated with a special purpose event, based upon needs that may exceed
52 the ability of this state to address through its licensees, as determined by the division; and
53 (iii) for a limited period of time not to exceed the duration of that event, together with any
54 necessary preparatory and conclusionary periods. The requirements of Section 63A-10-105 do not
55 apply to exemptions authorized by the division pursuant to this Subsection (1)(i); [and]
56 (j) an individual who:
57 (i) is certified as an athletic trainer by the National Athletic Trainers Association Board
58 of Certification or another entity approved by the division;

59 (ii) is employed or officially associated with an educational institution, a professional
60 sports organization, or a bona fide amateur sports organization; and
61 (iii) only provides athletic training services:
62 (A) to athletes of the educational institution or sports organization to which the individual
63 is employed or officially associated;
64 (B) at an official athletic training, practice, or competition site; and
65 (C) that are within the scope of the individual's certification; and
66 (k) a law enforcement officer, as defined under Section 53-13-103 , who:
67 (i) is operating a voice stress analyzer in the course of the officer's full-time employment
68 with a federal, state, or local law enforcement agency;
69 (ii) has completed the manufacturer's training course and is certified by the manufacturer
70 to operate that voice stress analyzer; and
71 (iii) is operating the voice stress analyzer in accordance with Section 58-64-601 , regarding
72 deception detection instruments.
73 (2) A practitioner temporarily in this state who is exempted from licensure under
74 Subsection (1) shall comply with each requirement of the licensing jurisdiction from which the
75 practitioner derives authority to practice. Violation of any limitation imposed by this section
76 constitutes grounds for removal of exempt status, denial of license, or other disciplinary
77 proceedings.
78 (3) An individual who is licensed under a specific chapter of this title to practice or engage
79 in an occupation or profession may engage in the lawful, professional, and competent practice of
80 that occupation or profession without additional licensure under other chapters of this title, except
81 as otherwise provided by this title.
82 (4) Upon the declaration of a national, state, or local emergency, the division in
83 collaboration with the board may suspend the requirements for permanent or temporary licensure
84 of persons who are licensed in another state. Persons exempt under this subsection shall be exempt
85 from licensure for the duration of the emergency while engaged in the scope of practice for which
86 they are licensed in the other state.

Legislative Review Note
as of 11-30-00 7:13 AM

A limited legal review of this legislation raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel