MINUTES OF THE
OCCUPATIONAL AND PROFESSIONAL LICENSURE REVIEW COMMITTEE
Friday, December 15, 2017 • 9:00 a.m. • 20 House Building


Members Present:
Sen. Todd Weiler, Chair
Rep. Brian M. Greene, Chair
Sen. Wayne A. Harper
Sen. Karen Mayne
Rep. Marc K. Roberts
Ms. Evelyn Everton
Mr. Dana T. Farmer
Mr. Merlin Taylor

Members Absent:
Rep. Susan Duckworth

Staff Present:
Mr. Adam J. Sweet, Policy Analyst
Mr. Peter Asplund, Associate General Counsel
Ms. Debra Hale, Legislative Assistant

Note: A copy of related materials and an audio recording of the meeting can be found at www.le.utah.gov.

1. Committee Business
Chair Greene called the meeting to order at 9:03 a.m.
Chairs' Letter to Department Heads (Source: OLRGC, October 12, 2017)
MOTION: Sen. Weiler moved to approve the minutes from the August 31, 2017, meeting. The motion passed with a vote of 7-0-2.
Yeas - 7Nays-0Abs-2
Ms. E. Everton
Mr. D. Farmer
Rep. B. Greene
Sen. K. Mayne
Rep. M. Roberts
Mr. M. Taylor
Sen. T. Weiler
Rep. S. Duckworth
Sen. W. Harper
Mr. Adam Sweet summarized the committee's annual report.
2. Licensure Overview: Department of Agriculture and Food
Mr. Scott Ericson, Deputy Commissioner, Department of Agriculture and Food, stated that the department will focus on four areas of specific licenses that the department issues.
Program Licenses and Permits (Source: Department of Agriculture and Food, November 1, 2017)
Mr. Robert Hoggard, Director, Plant Industry and Conservation, Department of Agriculture and Food, discussed the department's pesticide licensing programs.
Mr. Hoggard and Mr. Ericson responded to questions from the committee.
Mr. Hoggard discussed the department's organic licensing program.
Mr. Travis Waller, Director, Regulatory Services, Department of Agriculture and Food, discussed bedding and upholstered furniture and clothing licenses.
Mr. Waller addressed registered food and dairy programs.
Mr. Waller and Mr. Ericson responded to questions from the committee.
Mr. Waller continued his presentation regarding the department's weights and measures program.
3. Licensure Overview: Department of Health
Ms. Sheila Walsh McDonald, Legislative Liaison, Department of Health, introduced the agenda item.
Mr. Joel Hoffman, Director, Bureau of Health Facility Licensing and Certification, Department of Health, discussed the bureau's licensing programs, requirements, and processes.
Mr. Hoffman responded to questions from the committee.
Mr. Simon Bolivar, Manager, Child Care Licensing Program, Department of Health, reviewed the commercial and residential child care facilities program licenses.
Child Care Licensing (Source: Department of Health, October 31, 2017)
Mr. Bolivar responded to questions from the committee.
Mr. Dean Penovich, Deputy Director, Bureau of Emergency Medical Services and Preparedness, Department of Health, reviewed the Emergency Medical Service licenses and certifications the bureau issues.
Health Facility Licensing (Source: Department of Health, October 31, 2017)
Emergency Medical Services Licenses and Certificates (Source: Department of Health, October 31, 2017)
Mr. Penovich responded to questions from the committee.
Mr. Dennis Bang, Director, Complaint Compliance and Enforcement Unit, Department of Health, responded to questions from the committee.
4. Draft Legislation "License Hold for Military Service"
Sen. Lincoln Fillmore described 2018 General Session draft legislation "License Hold for Military Service" (2018FL-0226/005).
License Hold for Military Service (2018 General Session Draft Legislation)
Sen. Fillmore responded to questions from the committee.
Mr. Peter Asplund responded to questions from the committee.
5. Military Spouse Professional Licensure
Sen. Weiler explained a proposed bill to permit the spouse of an individual serving in the armed forces to engage in the practice of their occupation or profession without being licensed.
Ms. Abby Osborne, Vice President of Government Relations, Salt Lake Chamber, spoke to the issue.
Mr. Gary Harter, Executive Director, Department of Veterans and Military Affairs, spoke to the issue.
Sen. Weiler responded to questions and comments from the committee.
6. Occupational Licensing: Assessing State Policy and Practice
Sen. Weiler reported on the state's activities to create a state action plan to improve portability and reciprocity for select occupations and remove barriers to labor market entry.
Occupational Licensing: Assessing State Policy and Practice (Source: National Conference of State Legislatures)
Request for Applications: Occupational Licensing Policy Learning Consortium (Source: National Governors Association Center for Best Practices)
Mr. Sweet reported on the state action plan.
Presenters responded to questions from the committee.
Sen. Weiler announced the state team's next tentative meeting date as April 13, 2018.
Ms. Amy Coombs, interior designer lobbyist, spoke to the issue and requested the inclusion of sociologist Dr. Beth Redbird and the research she has conducted.
7. Apprenticeships
Ms. Everton spoke about apprenticeships as an alternate path to licensing.
Ms. Alysia Petersen, master aesthetician instructor, explained why many interested individuals drop out of aesthetics training. Ms. Petersen discussed changes to improve aesthetics training requirements.
Ms. Petersen responded to questions from the committee.
Mr. Asplund explained current Utah Code regarding the issue.
Ms. Petersen responded to questions from the committee.
Ms. Allyson West, aesthetician, described her training and experience in the industry and her ideas for positive change.
Ms. Petersen responded to questions from the committee.
Ms. Candace Daly, representative, Utah Beauty School Association, spoke to her experiences as a cosmetology instructor, recommended improvements to achieve licensing, and responded to questions from the committee.
Ms. Everton concluded the discussion.
8. Bowenwork
Ms. Andrea Jones, Bowenwork practitioner, described the Bowenwork practice, and responded to questions from the committee.
Letter: Exemption of Bowenwork practitioners from Utah massage laws (Source: The Bowen Therapy Academy of Australia)
A Pilot Study on Bowenwork for Symptom Management of Women Breast Cancer Survivors with Lymphedema (Source: Christine A. Hansen, 2012)
Bowen as Sports Medicine - Safely Resolving Post-Concussion Syndrome (Source: Craig Mattimoe, 2005)
Exempt Practices (Oregon Board of Massage Therapists)
Ms. Nichole Soholt, Bowenwork practitioner, responded to questions from the committee, further described the training and practice of Bowenwork, and explained why practitioners should be exempt from being required to be licensed as massage therapists.
Mr. Asplund clarified licensing legal issues.
Ms. Sharon Muir, Licensed Massage Therapist, explained why Bowenwork practitioners should be required to be licensed as massage therapists and responded to questions from the committee.
Ms. Julie Mohler, former Bowenwork practitioner, spoke to the issue and responded to questions from the committee.
MOTION: Rep. Roberts moved to support an exemption for Bowenwork practitioners from massage therapy license requirements, with the qualification that Bowenwork practitioners be in good standing with the industry’s certification requirements. The motion passed with a vote of 8-0-1.
Yeas - 8Nays-0Abs-1
Ms. E. Everton
Mr. D. Farmer
Rep. B. Greene
Sen. W. Harper
Sen. K. Mayne
Rep. M. Roberts
Mr. M. Taylor
Sen. T. Weiler
Rep. S. Duckworth
9. Animal Husbandry Dental Exemption
Mr. Justin Stark, equine dental technician, certified by the National Association of Equine Dentistry, presented information as to why animal husbandry dental technicians should not be required to be licensed as veterinarians.
International Association of Equine Dentistry (Stark, Allen)
Mr. Stark responded to questions from the committee.
Mr. Mark Allen, equine dental technician, certified by the National Association of Equine Dentistry, responded to committee questions and comments.
Mr. Stark and Mr. Allen responded to questions from the committee.
Mr. Allen presented a request for an exemption from the Veterinarian Practice Act of Equine Dentistry and Animal Husbandry.
Dr. Kerry Rood, President, Utah Veterinary Medical Association, expressed opposition to the exemption of equine dentistry from licensed veterinarian requirements.
Letter: Utah Veterinary Medical Association (December 15, 2017)
Dr. Rood responded to questions from the committee.
Dr. Haleigh Lundgreen, owner, Paragon Equine Sports Medicine and Lameness, expressed opposition to the exemption of equine dentistry from licensed veterinarian requirements.
Dr. Lundgreen responded to questions from the committee.
Dr. Jennifer Alterman, veterinarian, spoke in opposition to the request of equine dental technicians and responded to committee questions.
Chair Greene asked Sen. Weiler to chair the remainder of the meeting.
Dr. John Seiberts, partner, South Valley Equine, spoke in opposition to the request of equine dental technicians and responded to committee questions.
Mr. Sterling Brown, Utah Farm Bureau, spoke on behalf of cattlemen producers regarding the issue and responded to committee questions.
Dr. Seiberts responded to questions from the committee.
Ms. Kari Swainston, stable owner, Saltair Farm, spoke in opposition to the request for exemption.
Ms. Susan Thomas, private horse owner, stated her concerns of equine dentistry being practiced without sedation.
Mr. Preston Kent, professional horse trainer, spoke in favor of the exemption request and responded to committee questions.
Dr. Phillip Firth, veterinarian, Bear River Animal Hospital, spoke in opposition to the exemption request because of health concerns of food animals.
10. Other Items/Adjourn
MOTION: Rep. Roberts moved to adjourn. The motion passed with a vote of 5-0-4.
Yeas - 5Nays-0Abs-4
Ms. E. Everton
Mr. D. Farmer
Rep. M. Roberts
Mr. M. Taylor
Sen. T. Weiler
Rep. S. Duckworth
Rep. B. Greene
Sen. W. Harper
Sen. K. Mayne
Chair Weiler adjourned the meeting at 1:29 p.m.