<section number="58-1-308"><effdate>5/1/2024</effdate><histories><history>Amended by Chapter <modchap sess="2024GS">185</modchap>, 2024 General Session</history><modyear>2024</modyear></histories><catchline>Term of license -- Expiration of license -- Renewal of license -- Reinstatement of license -- Application procedures.</catchline><subsection number="58-1-308(1)"><subsection number="58-1-308(1)(a)">Each license issued under this title shall be issued in accordance with a two-year renewal cycle established by rule.</subsection><subsection number="58-1-308(1)(b)">A renewal period may be extended or shortened by as much as one year to maintain established renewal cycles or to change an established renewal cycle.</subsection></subsection><subsection number="58-1-308(2)"><subsection number="58-1-308(2)(a)">The expiration date of a license shall be shown on the license.</subsection><subsection number="58-1-308(2)(b)">A license that is not renewed prior to the expiration date shown on the license automatically expires.</subsection><subsection number="58-1-308(2)(c)">A license automatically expires prior to the expiration date shown on the license upon the death of a licensee who is a natural person, or upon the dissolution of a licensee that is a partnership, corporation, or other business entity.</subsection><subsection number="58-1-308(2)(d)">If the existence of a dissolved partnership, corporation, or other business entity is reinstated prior to the expiration date shown upon the entity's expired license issued by the division, the division shall, upon written application, reinstate the applicant's license, unless it finds that the applicant no longer meets the qualifications for licensure.</subsection><subsection number="58-1-308(2)(e)">Expiration of licensure is not an adjudicative proceeding under Title 63G, Chapter 4, Administrative Procedures Act.</subsection></subsection><subsection number="58-1-308(3)"><subsection number="58-1-308(3)(a)">The division shall notify each licensee in accordance with procedures established by rule that the licensee's license is due for renewal and that unless an application for renewal is received by the division by the expiration date shown on the license, together with the appropriate renewal fee and documentation showing completion of or compliance with renewal qualifications, the license will not be renewed.</subsection><subsection number="58-1-308(3)(b)">Examples of renewal qualifications which by statute or rule the division may require the licensee to document completion of or compliance with include:<subsection number="58-1-308(3)(b)(i)">continuing education;</subsection><subsection number="58-1-308(3)(b)(ii)">continuing competency;</subsection><subsection number="58-1-308(3)(b)(iii)">quality assurance;</subsection><subsection number="58-1-308(3)(b)(iv)">utilization plan and protocol;</subsection><subsection number="58-1-308(3)(b)(v)">financial responsibility;</subsection><subsection number="58-1-308(3)(b)(vi)">certification renewal; and</subsection><subsection number="58-1-308(3)(b)(vii)">calibration of equipment.</subsection></subsection></subsection><subsection number="58-1-308(4)"><subsection number="58-1-308(4)(a)"><subsection number="58-1-308(4)(a)(i)">An application for renewal that complies with Subsection (3) is complete.</subsection><subsection number="58-1-308(4)(a)(ii)">A renewed license shall be issued to applicants who submit a complete application, unless it is apparent to the division that the applicant no longer meets the qualifications for continued licensure.</subsection></subsection><subsection number="58-1-308(4)(b)"><subsection number="58-1-308(4)(b)(i)">The division may evaluate or verify documentation showing completion of or compliance with renewal requirements on an entire population or a random sample basis, and may be assisted by advisory peer committees.</subsection><subsection number="58-1-308(4)(b)(ii)">If necessary, the division may complete its evaluation or verification subsequent to renewal and, if appropriate, pursue action to suspend or revoke the license of a licensee who no longer meets the qualifications for continued licensure.</subsection></subsection><subsection number="58-1-308(4)(c)">The application procedures specified in Subsection <xref depth="4" refnumber="58-1-301(2)">58-1-301(2)</xref>, apply to renewal applications to the extent they are not in conflict with this section.</subsection></subsection><subsection number="58-1-308(5)"><subsection number="58-1-308(5)(a)">Any license that is not renewed may be reinstated:<subsection number="58-1-308(5)(a)(i)">upon submission of an application for reinstatement, payment of the renewal fee together with a reinstatement fee determined by the department under Section <xref depth="3" refnumber="63J-1-504">63J-1-504</xref>, and upon submission of documentation showing completion of or compliance with renewal qualifications; and</subsection><subsection number="58-1-308(5)(a)(ii)"><subsection number="58-1-308(5)(a)(ii)(A)">at any time within two years after nonrenewal; or</subsection><subsection number="58-1-308(5)(a)(ii)(B)">between two years and five years after nonrenewal, if established by rule made by the division in consultation with the applicable licensing board in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.</subsection></subsection></subsection><subsection number="58-1-308(5)(b)">The application procedures specified in Subsection <xref depth="4" refnumber="58-1-301(2)">58-1-301(2)</xref> apply to the reinstatement applications to the extent they are not in conflict with this section.</subsection><subsection number="58-1-308(5)(c)">Except as otherwise provided by rule, a license that is reinstated no later than 120 days after it expires shall be retroactively reinstated to the date it expired.</subsection></subsection><subsection number="58-1-308(6)"><subsection number="58-1-308(6)(a)">Except as provided in Subsection (5)(a), if not reinstated within two years, the holder may obtain a license only if the holder meets requirements provided by the division by rule or by statute for a new license.</subsection><subsection number="58-1-308(6)(b)">Each licensee under this title who has been active in the licensed occupation or profession while in the full-time employ of the United States government or under license to practice that occupation or profession in any other state or territory of the United States may reinstate the licensee's license without taking an examination by submitting an application for reinstatement, paying the current annual renewal fee and the reinstatement fee, and submitting documentation showing completion of or compliance with any renewal qualifications at any time within six months after reestablishing domicile within Utah or terminating full-time government service.</subsection></subsection><subsection number="58-1-308(7)">A service member may reactivate an expired professional or occupational license as described in <xref depth="3" refnumber="71A-8-103">71A-8-103</xref>.</subsection></section>