<part number="58-64-3"><catchline>Licensing</catchline><section number="58-64-301"><histories><history>Amended by Chapter <modchap sess="2016GS">201</modchap>, 2016 General Session</history><modyear>2016</modyear></histories><catchline>Licensure required -- License classifications.</catchline><subsection number="58-64-301(1)">
A license is required to engage in the practice of deception detection, except as specifically provided in Section <xref depth="3" refnumber="58-64-304" start="0">58-64-304</xref> or <xref depth="3" refnumber="58-1-307" start="0">58-1-307</xref>.</subsection><subsection number="58-64-301(2)">
The division shall issue to an individual who qualifies under this chapter a license in the classifications of:
<subsection number="58-64-301(2)(a)">
deception detection examiner;</subsection><subsection number="58-64-301(2)(b)">
deception detection intern; or</subsection><subsection number="58-64-301(2)(c)">
deception detection examination administrator.</subsection></subsection></section><section number="58-64-302"><enddate type="SC">7/1/2026</enddate><histories><history>Amended by Chapter <modchap sess="2025GS">443</modchap>, 2025 General Session</history><modyear>2025</modyear></histories><catchline>Qualifications for licensure.</catchline><subsection number="58-64-302(1)">An applicant for licensure as a deception detection examiner:<subsection number="58-64-302(1)(a)">shall submit an application in a form the division approves;</subsection><subsection number="58-64-302(1)(b)">shall pay a fee determined by the department under Section <xref depth="3" refnumber="63J-1-504" start="0">63J-1-504</xref>;</subsection><subsection number="58-64-302(1)(c)">may not have been convicted of a felony or any other crime that when considered with the duties and responsibilities of a deception detection examiner is considered by the division to indicate that the best interests of the public will not be served by granting the applicant a license;</subsection><subsection number="58-64-302(1)(d)">may not have been declared by any court of competent jurisdiction incompetent by reason of mental defect or disease and not been restored;</subsection><subsection number="58-64-302(1)(e)">may not be currently suffering from habitual drunkenness or from drug addiction or dependence;</subsection><subsection number="58-64-302(1)(f)">shall have completed one of the following:<subsection number="58-64-302(1)(f)(i)">have earned a bachelor's degree from a four-year university or college meeting standards the division establishes by rule made in accordance with <xref depth="1" refnumber="63G-3" start="0">Title 63G, Chapter 3, Utah Administrative Rulemaking Act</xref>;</subsection><subsection number="58-64-302(1)(f)(ii)">have completed not less than 8,000 hours of investigation experience approved by the division; or</subsection><subsection number="58-64-302(1)(f)(iii)">have completed a combination of university or college education and investigation experience, as defined by rule made by the division in accordance with <xref depth="1" refnumber="63G-3" start="0">Title 63G, Chapter 3, Utah Administrative Rulemaking Act</xref>, as being equivalent to the requirements under Subsection <xref depth="4" refnumber="58-64-302(1)(f)(i)" start="0">(1)(f)(i)</xref> or <xref depth="4" refnumber="58-64-302(1)(f)(ii)" start="0">(1)(f)(ii)</xref>;</subsection></subsection><subsection number="58-64-302(1)(g)">shall have successfully completed a training program in detection deception meeting criteria the division establishes by rule made in accordance with <xref depth="1" refnumber="63G-3" start="0">Title 63G, Chapter 3, Utah Administrative Rulemaking Act</xref>;</subsection><subsection number="58-64-302(1)(h)">shall:<subsection number="58-64-302(1)(h)(i)">consent to, and complete, a criminal background check, described in Section <xref depth="3" refnumber="58-1-301.5">58-1-301.5</xref>;</subsection><subsection number="58-64-302(1)(h)(ii)">meet any other standard related to the criminal background check described in Subsection <xref tempid="1056" depth="4" refnumber="58-64-302(1)(h)(i)">(1)(h)(i)</xref>, that the division establishes by rule in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; and</subsection><subsection number="58-64-302(1)(h)(iii)">disclose any criminal history the division requests on a form the division approves; and</subsection></subsection><subsection number="58-64-302(1)(i)">shall have performed satisfactorily as a licensed deception detection intern for a period of not less than one year and shall have satisfactorily conducted not less than 100 deception detection examinations under the supervision of a licensed deception detection examiner.</subsection></subsection><subsection number="58-64-302(2)">An applicant for licensure as a deception detection intern:<subsection number="58-64-302(2)(a)">shall submit an application in a form the division approves;</subsection><subsection number="58-64-302(2)(b)">shall pay a fee determined by the department under Section <xref depth="3" refnumber="63J-1-504" start="0">63J-1-504</xref>;</subsection><subsection number="58-64-302(2)(c)">may not have been convicted of a felony or any other crime that when considered with the duties and responsibilities of a deception detection intern is considered by the division to indicate that the best interests of the public will not be served by granting the applicant a license;</subsection><subsection number="58-64-302(2)(d)">may not have been declared by any court of competent jurisdiction incompetent by reason of mental defect or disease and not been restored;</subsection><subsection number="58-64-302(2)(e)">may not be currently suffering from habitual drunkenness or from drug addiction or dependence;</subsection><subsection number="58-64-302(2)(f)">shall have completed one of the following:<subsection number="58-64-302(2)(f)(i)">have earned a bachelor's degree from a four-year university or college meeting standards the division establishes by rule made in accordance with <xref depth="1" refnumber="63G-3" start="0">Title 63G, Chapter 3, Utah Administrative Rulemaking Act</xref>;</subsection><subsection number="58-64-302(2)(f)(ii)">have completed not less than 8,000 hours of investigation experience approved by the division; or</subsection><subsection number="58-64-302(2)(f)(iii)">have completed a combination of university or college education and investigation experience, as defined by rule the division makes in accordance with <xref depth="1" refnumber="63G-3" start="0">Title 63G, Chapter 3, Utah Administrative Rulemaking Act</xref>, as being equivalent to the requirements under Subsection <xref depth="4" refnumber="58-64-302(2)(f)(i)" start="0">(2)(f)(i)</xref> or <xref depth="4" refnumber="58-64-302(2)(f)(ii)" start="0">(2)(f)(ii)</xref>;</subsection></subsection><subsection number="58-64-302(2)(g)">shall have successfully completed a training program in detection deception meeting criteria established by rule the division makes in accordance with <xref depth="1" refnumber="63G-3" start="0">Title 63G, Chapter 3, Utah Administrative Rulemaking Act</xref>;</subsection><subsection number="58-64-302(2)(h)">shall:<subsection number="58-64-302(2)(h)(i)">consent to, and complete, a criminal background check, described in Section <xref depth="3" refnumber="58-1-301.5">58-1-301.5</xref>;</subsection><subsection number="58-64-302(2)(h)(ii)">meet any other standard related to the criminal background check described in Subsection <xref tempid="604" depth="4" refnumber="58-64-302(2)(h)(i)">(2)(h)(i)</xref>, that the division establishes by rule in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; and</subsection><subsection number="58-64-302(2)(h)(iii)">disclose any criminal history the division requests on a form the division approves; and</subsection></subsection><subsection number="58-64-302(2)(i)">shall provide the division with an intern supervision agreement in a form the division approves under which:<subsection number="58-64-302(2)(i)(i)">a licensed deception detection examiner agrees to supervise the intern; and</subsection><subsection number="58-64-302(2)(i)(ii)">the applicant agrees to be supervised by that licensed deception detection examiner.</subsection></subsection></subsection><subsection number="58-64-302(3)">An applicant for licensure as a deception detection examination administrator:<subsection number="58-64-302(3)(a)">shall submit an application in a form the division approves;</subsection><subsection number="58-64-302(3)(b)">shall pay a fee determined by the department under Section <xref depth="3" refnumber="63J-1-504" start="0">63J-1-504</xref>;</subsection><subsection number="58-64-302(3)(c)">may not have been convicted of a felony or any other crime that when considered with the duties and responsibilities of a deception detection examination administrator is considered by the division to indicate that the best interests of the public will not be served by granting the applicant a license;</subsection><subsection number="58-64-302(3)(d)">may not have been declared by a court of competent jurisdiction incompetent by reason of mental defect or disease and not been restored;</subsection><subsection number="58-64-302(3)(e)">may not be currently suffering from habitual drunkenness or from drug addiction or dependence;</subsection><subsection number="58-64-302(3)(f)">shall have earned an associate degree from a state-accredited university or college or have an equivalent number of years' work experience;</subsection><subsection number="58-64-302(3)(g)">shall:<subsection number="58-64-302(3)(g)(i)">consent to, and complete, a criminal background check, described in Section <xref depth="3" refnumber="58-1-301.5">58-1-301.5</xref>;</subsection><subsection number="58-64-302(3)(g)(ii)">meet any other standard related to the criminal background check described in Subsection <xref tempid="995" depth="4" refnumber="58-64-302(3)(g)(i)">(3)(g)(i)</xref>, that the division establishes by rule in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; and</subsection><subsection number="58-64-302(3)(g)(iii)">disclose any criminal history the division requests on a form the division approves; and</subsection></subsection><subsection number="58-64-302(3)(h)">shall have successfully completed a training program and have obtained certification in deception detection examination administration provided by the manufacturer of a scientific or technology-based software application solution that the director approves.</subsection></subsection></section><section number="58-64-302"><effdate>7/1/2026</effdate><histories><history>Amended by Chapter <modchap sess="2026GS">64</modchap>, 2026 General Session</history><modyear>2026</modyear></histories><catchline>Qualifications for licensure.</catchline><subsection number="58-64-302(1)">An applicant for licensure as a deception detection examiner:<subsection number="58-64-302(1)(a)">shall submit an application in a form the division approves;</subsection><subsection number="58-64-302(1)(b)">shall pay a fee the division determines in accordance with Section <xref depth="3" refnumber="63J-1-504" start="0">63J-1-504</xref>;</subsection><subsection number="58-64-302(1)(c)">may not have been convicted of a felony or any other crime that when considered with the duties and responsibilities of a deception detection examiner is considered by the division to indicate that the best interests of the public will not be served by granting the applicant a license;</subsection><subsection number="58-64-302(1)(d)">may not have been declared by any court with jurisdiction incompetent by reason of mental defect or disease and not been restored;</subsection><subsection number="58-64-302(1)(e)">may not be currently unable to perform the duties required under this title due to a mental or physical illness or condition, or engagement in any of the behaviors listed in Subsection <xref depth="4" refnumber="58-1-501(2)(a)(v)">58-1-501(2)(a)(v)</xref>;</subsection><subsection number="58-64-302(1)(f)">shall have completed one of the following:<subsection number="58-64-302(1)(f)(i)">have earned a bachelor's degree from a four-year university or college meeting standards the division makes by rule made in accordance with <xref depth="1" refnumber="63G-3" start="0">Title 63G, Chapter 3, Utah Administrative Rulemaking Act</xref>;</subsection><subsection number="58-64-302(1)(f)(ii)">have completed not less than 8,000 hours of investigation experience that the division approves; or</subsection><subsection number="58-64-302(1)(f)(iii)">have completed a combination of university or college education and investigation experience, as the division defines by rule the division makes in accordance with <xref depth="1" refnumber="63G-3" start="0">Title 63G, Chapter 3, Utah Administrative Rulemaking Act</xref>, as being equivalent to the requirements under Subsection <xref depth="4" refnumber="58-64-302(1)(f)(i)" start="0">(1)(f)(i)</xref> or <xref depth="4" refnumber="58-64-302(1)(f)(ii)" start="0">(1)(f)(ii)</xref>;</subsection></subsection><subsection number="58-64-302(1)(g)">shall have successfully completed a training program in deception detection meeting criteria the division makes by rule made in accordance with <xref depth="1" refnumber="63G-3" start="0">Title 63G, Chapter 3, Utah Administrative Rulemaking Act</xref>;</subsection><subsection number="58-64-302(1)(h)">shall:<subsection number="58-64-302(1)(h)(i)">consent to, and complete, a criminal background check, described in Section <xref depth="3" refnumber="58-1-301.5">58-1-301.5</xref>;</subsection><subsection number="58-64-302(1)(h)(ii)">meet any other standard related to the criminal background check described in Subsection <xref tempid="1056" depth="4" refnumber="58-64-302(1)(h)(i)">(1)(h)(i)</xref>, that the division makes by rule in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; and</subsection><subsection number="58-64-302(1)(h)(iii)">disclose any criminal history the division requests on a form the division approves; and</subsection></subsection><subsection number="58-64-302(1)(i)">shall have performed satisfactorily as a licensed deception detection intern for a period of not less than one year and shall have satisfactorily conducted not less than 100 deception detection examinations under the supervision of a licensed deception detection examiner.</subsection></subsection><subsection number="58-64-302(2)">An applicant for licensure as a deception detection intern:<subsection number="58-64-302(2)(a)">shall submit an application in a form the division approves;</subsection><subsection number="58-64-302(2)(b)">shall pay a fee the division determines in accordance with Section <xref depth="3" refnumber="63J-1-504" start="0">63J-1-504</xref>;</subsection><subsection number="58-64-302(2)(c)">may not have been convicted of a felony or any other crime that when considered with the duties and responsibilities of a deception detection intern is considered by the division to indicate that the best interests of the public will not be served by granting the applicant a license;</subsection><subsection number="58-64-302(2)(d)">may not have been declared by any court with jurisdiction incompetent by reason of mental defect or disease and not been restored;</subsection><subsection number="58-64-302(2)(e)">may not be currently unable to perform the duties required under this title due to a mental or physical illness or condition, or engagement in any of the behaviors listed in Subsection <xref depth="4" refnumber="58-1-501(2)(a)(v)">58-1-501(2)(a)(v)</xref>;</subsection><subsection number="58-64-302(2)(f)">shall have completed one of the following:<subsection number="58-64-302(2)(f)(i)">have earned a bachelor's degree from a four-year university or college meeting standards the division makes by rule made in accordance with <xref depth="1" refnumber="63G-3" start="0">Title 63G, Chapter 3, Utah Administrative Rulemaking Act</xref>;</subsection><subsection number="58-64-302(2)(f)(ii)">have completed not less than 8,000 hours of investigation experience that the division approves; or</subsection><subsection number="58-64-302(2)(f)(iii)">have completed a combination of university or college education and investigation experience, as the division defines by rule the division makes in accordance with <xref depth="1" refnumber="63G-3" start="0">Title 63G, Chapter 3, Utah Administrative Rulemaking Act</xref>, as being equivalent to the requirements under Subsection <xref depth="4" refnumber="58-64-302(2)(f)(i)" start="0">(2)(f)(i)</xref> or <xref depth="4" refnumber="58-64-302(2)(f)(ii)" start="0">(2)(f)(ii)</xref>;</subsection></subsection><subsection number="58-64-302(2)(g)">shall have successfully completed a training program in deception detection meeting criteria the division makes by rule in accordance with <xref depth="1" refnumber="63G-3" start="0">Title 63G, Chapter 3, Utah Administrative Rulemaking Act</xref>;</subsection><subsection number="58-64-302(2)(h)">shall:<subsection number="58-64-302(2)(h)(i)">consent to, and complete, a criminal background check, described in Section <xref depth="3" refnumber="58-1-301.5">58-1-301.5</xref>;</subsection><subsection number="58-64-302(2)(h)(ii)">meet any other standard related to the criminal background check described in Subsection <xref tempid="604" depth="4" refnumber="58-64-302(2)(h)(i)">(2)(h)(i)</xref>, that the division makes by rule in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; and</subsection><subsection number="58-64-302(2)(h)(iii)">disclose any criminal history the division requests on a form the division approves; and</subsection></subsection><subsection number="58-64-302(2)(i)">shall provide the division with an intern supervision agreement in a form the division approves under which:<subsection number="58-64-302(2)(i)(i)">a licensed deception detection examiner agrees to supervise the intern; and</subsection><subsection number="58-64-302(2)(i)(ii)">the applicant agrees to be supervised by that licensed deception detection examiner.</subsection></subsection></subsection><subsection number="58-64-302(3)">An applicant for licensure as a deception detection examination administrator:<subsection number="58-64-302(3)(a)">shall submit an application in a form the division approves;</subsection><subsection number="58-64-302(3)(b)">shall pay a fee the division determines in accordance with Section <xref depth="3" refnumber="63J-1-504" start="0">63J-1-504</xref>;</subsection><subsection number="58-64-302(3)(c)">may not have been convicted of a felony or any other crime that when considered with the duties and responsibilities of a deception detection examination administrator is considered by the division to indicate that the best interests of the public will not be served by granting the applicant a license;</subsection><subsection number="58-64-302(3)(d)">may not have been declared by a court with jurisdiction incompetent by reason of mental defect or disease and not been restored;</subsection><subsection number="58-64-302(3)(e)">may not be currently unable to perform the duties required under this title due to a mental or physical illness or condition, or engagement in any of the behaviors listed in Subsection <xref depth="4" refnumber="58-1-501(2)(a)(v)">58-1-501(2)(a)(v)</xref>;</subsection><subsection number="58-64-302(3)(f)">shall have earned an associate degree from a state-accredited university or college or have an equivalent number of years' work experience;</subsection><subsection number="58-64-302(3)(g)">shall:<subsection number="58-64-302(3)(g)(i)">consent to, and complete, a criminal background check, described in Section <xref depth="3" refnumber="58-1-301.5">58-1-301.5</xref>;</subsection><subsection number="58-64-302(3)(g)(ii)">meet any other standard related to the criminal background check described in Subsection <xref tempid="995" depth="4" refnumber="58-64-302(3)(g)(i)">(3)(g)(i)</xref>, that the division makes by rule in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; and</subsection><subsection number="58-64-302(3)(g)(iii)">disclose any criminal history the division requests on a form the division approves; and</subsection></subsection><subsection number="58-64-302(3)(h)">shall have successfully completed a training program and have obtained certification in deception detection examination administration provided by the manufacturer of a scientific or technology-based software application solution that the director approves.</subsection></subsection></section><section number="58-64-303"><histories><history>Amended by Chapter <modchap sess="2016GS">201</modchap>, 2016 General Session</history><modyear>2016</modyear></histories><catchline>Term of license -- Expiration -- Renewal.</catchline><subsection number="58-64-303(1)">
The division shall issue each license under this chapter in accordance with a two-year renewal cycle established by rule. The division may by rule extend or shorten a renewal period by as much as one year to stagger the renewal cycles it administers.</subsection><subsection number="58-64-303(2)">
At the time of renewal, the licensee shall show satisfactory evidence of:
<subsection number="58-64-303(2)(a)">
having performed not less than 25 deception detection examinations during the two years immediately preceding the date of the renewal notice; and</subsection><subsection number="58-64-303(2)(b)">
obtaining recertification within the past two years from the manufacturer of a scientific or technology-based software solution, if the licensee is renewing a deception detection examination administrator license.</subsection></subsection><subsection number="58-64-303(3)">
Each license automatically expires on the expiration date shown on the license unless the licensee renews it in accordance with Section <xref depth="3" refnumber="58-1-308" start="0">58-1-308</xref>.</subsection></section><section number="58-64-304"><histories><history>Amended by Chapter <modchap sess="2016GS">238</modchap>, 2016 General Session</history><modyear>2016</modyear><history>Amended by Chapter <modchap sess="2016GS">238</modchap>, 2016 General Session, (Coordination Clause)</history><modyear>2016</modyear></histories><catchline>Exemptions from licensure.</catchline><tab/>In addition to the exemptions from licensure described in Section <xref depth="3" refnumber="58-1-307" start="0">58-1-307</xref>, a law enforcement officer, as defined under Section <xref depth="3" refnumber="53-13-103" start="0">53-13-103</xref>, who is not licensed under this chapter, may operate a voice stress analyzer or software application designed for detecting deception in the course of the officer's employment with a federal, state, or local law enforcement agency, if the officer:<subsection number="58-64-304(1)">
has completed the manufacturer's training course and is certified by the manufacturer to operate the voice stress analyzer or software application designed for detecting deception; and</subsection><subsection number="58-64-304(2)">
is operating the voice stress analyzer or software application designed for detecting deception in accordance with Section <xref depth="3" refnumber="58-64-601" start="0">58-64-601</xref>, regarding deception detection instruments.</subsection></section><section number="58-64-305"><histories><history>Amended by Chapter <modchap sess="1996GS">79</modchap>, 1996 General Session</history><modyear>1996</modyear></histories><catchline>Status of licenses held on the effective date of this chapter.</catchline><tab/>An individual holding a valid Utah license as a deception detection examiner or detection examiner intern under <oldref depth="2" refid="" refnumber="53-5-3" start="0">Title 53, Chapter 5, Part 3</oldref>, Deception Detection Examiners Act, on July 1, 1995, is:<subsection number="58-64-305(1)">
on or after July 1, 1995, considered to hold a current license under this chapter in the comparable classification of deception detection examiner or deception detection intern; and</subsection><subsection number="58-64-305(2)">
subject to this chapter.</subsection></section></part>