H.B. 379

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PROFESSIONAL LICENSE - PUBLIC DISPLAY
2 1997 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: Gary F. Cox
5 AN ACT RELATING TO OCCUPATIONS AND PROFESSIONS; REQUIRING
6 PROFESSIONAL LICENSES TO BE DISPLAYED AND MADE AVAILABLE.
7 This act affects sections of Utah Code Annotated 1953 as follows:
8 AMENDS:
9 58-1-301, as renumbered and amended by Chapter 297, Laws of Utah 1993
10 58-1-501, as enacted by Chapter 297, Laws of Utah 1993
11 Be it enacted by the Legislature of the state of Utah:
12 Section 1. Section 58-1-301 is amended to read:
13 58-1-301. License application -- Licensing procedure.
14 (1) Each license applicant shall apply to the division in writing upon forms available from
15 the division. Each completed application shall contain documentation of the particular
16 qualifications required of the applicant, shall be verified by the applicant, and shall be
17 accompanied by the appropriate fees.
18 (2) (a) A license shall be issued to an applicant who submits a complete application if the
19 division determines that the applicant meets the qualifications of licensure.
20 (b) A written notice of additional proceedings shall be provided to an applicant who
21 submits a complete application, but who has been, is, or will be placed under investigation by the
22 division for conduct directly bearing upon his qualifications for licensure, if the outcome of
23 additional proceedings is required to determine the division's response to the application.
24 (c) A written notice of denial of licensure shall be provided to an applicant who submits
25 a complete application if the division determines that the applicant does not meet the qualifications
26 of licensure.
27 (d) A written notice of incomplete application and conditional denial of licensure shall be

1 provided to an applicant who submits an incomplete application. This notice shall advise the
2 applicant that the application is incomplete and that the application is denied, unless the applicant
3 corrects the deficiencies within the time period specified in the notice and otherwise meets all
4 qualifications for licensure.
5 (3) Before any person is issued a license under this title, all requirements for that license
6 as established under this title and by rule shall be met.
7 (4) If all requirements are met for the specific license, the division shall issue the license.
8 (5) An original or copy of the most current license issued to a licensee under this chapter
9 shall be:
10 (a) displayed in a prominent location within that part of a licensee's primary place of
11 business that is the most accessible to the public; and
12 (b) made available to an existing or potential client of the licensee upon request.
13 Section 2. Section 58-1-501 is amended to read:
14 58-1-501. Unlawful and unprofessional conduct.
15 (1) "Unlawful conduct" means conduct, by any person, that is defined as unlawful under
16 this title and includes:
17 (a) practicing or engaging in, representing oneself to be practicing or engaging in, or
18 attempting to practice or engage in any occupation or profession requiring licensure under this title
19 if the person is:
20 (i) not licensed to do so or not exempted from licensure under this title; or
21 (ii) restricted from doing so by a suspended, revoked, restricted, temporary, probationary,
22 or inactive license;
23 (b) impersonating another licensee or practicing an occupation or profession under a false
24 or assumed name, except as permitted by law;
25 (c) knowingly employing any other person to practice or engage in or attempt to practice
26 or engage in any occupation or profession licensed under this title if the employee is not licensed
27 to do so under this title;
28 (d) knowingly permitting the person's authority to practice or engage in any occupation
29 or profession licensed under this title to be used by another, except as permitted by law; or
30 (e) obtaining a passing score on a licensure examination, applying for or obtaining a
31 license, or otherwise dealing with the division or a licensing board through the use of fraud,

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1 forgery, or intentional deception, misrepresentation, misstatement, or omission.
2 (2) "Unprofessional conduct" means conduct, by a licensee or applicant, that is defined
3 as unprofessional conduct under this title or under any rule adopted under this title and includes:
4 (a) violating, or aiding or abetting any other person to violate, any statute, rule, or order
5 regulating an occupation or profession under this title;
6 (b) violating, or aiding or abetting any other person to violate, any generally accepted
7 professional or ethical standard applicable to an occupation or profession regulated under this title;
8 (c) engaging in conduct that results in conviction of, or a plea of nolo contendere to, a
9 crime of moral turpitude or any other crime that, when considered with the functions and duties
10 of the occupation or profession for which the license was issued or is to be issued, bears a
11 reasonable relationship to the licensee's or applicant's ability to safely or competently practice the
12 occupation or profession;
13 (d) engaging in conduct that results in disciplinary action, including reprimand, censure,
14 diversion, probation, suspension, or revocation, by any other licensing or regulatory authority
15 having jurisdiction over the licensee or applicant in the same occupation or profession if the
16 conduct would, in this state, constitute grounds for denial of licensure or disciplinary proceedings
17 under Section 58-1-401;
18 (e) engaging in conduct, including the use of intoxicants, drugs, narcotics, or similar
19 chemicals, to the extent that the conduct does, or might reasonably be considered to, impair the
20 ability of the licensee or applicant to safely engage in the occupation or profession;
21 (f) practicing or attempting to practice an occupation or profession regulated under this
22 title despite being physically or mentally unfit to do so;
23 (g) practicing or attempting to practice an occupation or profession regulated under this
24 title through gross incompetence, gross negligence, or a pattern of incompetency or negligence;
25 (h) practicing or attempting to practice an occupation or profession requiring licensure
26 under this title by any form of action or communication which is false, misleading, deceptive, or
27 fraudulent;
28 (i) practicing or attempting to practice an occupation or profession regulated under this
29 title beyond the scope of the licensee's competency, abilities, or education;
30 (j) practicing or attempting to practice an occupation or profession regulated under this
31 title beyond the scope of the licensee's license; [or]

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1 (k) verbally, physically, mentally, or sexually abusing or exploiting any person through
2 conduct connected with the licensee's practice under this title or otherwise facilitated by the
3 licensee's license; or
4 (l) failing to display or make available a license in accordance with Subsection
5 58-1-301(5).




Legislative Review Note
as of 2-4-97 10:19 AM

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

Office of Legislative Research and General Counsel

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