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H.B. 189
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8 LONG TITLE
9 General Description:
10 This bill modifies provisions of the Environmental Health Scientist Act related to
11 unprofessional conduct.
12 Highlighted Provisions:
13 This bill:
14 . expands the unprofessional conduct provisions of the Environmental Health
15 Scientist Act to include providing testimony as an environmental health scientist
16 during an administrative hearing while in the employ of or on behalf of an entity
17 registered with the Division of Corporations and Commercial Code that has not
18 posted a corporate surety bond or cash equivalent required for environmental
19 litigation.
20 Monies Appropriated in this Bill:
21 None
22 Other Special Clauses:
23 None
24 Utah Code Sections Affected:
25 AMENDS:
26 58-20a-501, as enacted by Chapter 95, Laws of Utah 1995
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28 Be it enacted by the Legislature of the state of Utah:
29 Section 1. Section 58-20a-501 is amended to read:
30 58-20a-501. Unprofessional conduct.
31 "Unprofessional conduct" includes:
32 (1) acting dishonestly or fraudulently in the performance of professional duties as an
33 environmental health scientist or environmental health scientist-in-training;
34 (2) intentionally filing a false report or record in the performance of professional duties
35 as an environmental health scientist or environmental health scientist-in-training; [
36 (3) willfully impeding or obstructing another person from filing a report in the
37 performance of professional duties as an environmental health scientist or environmental health
38 scientist-in-training[
39 (4) providing testimony, as an environmental health scientist, at an administrative
40 hearing that is being held by a state agency and is dealing with environmental issues, while in
41 the employ of or acting on behalf of:
42 (a) an entity registered with the Division of Corporations and Commercial Code that:
43 (i) is involved in environmental litigation proceedings as defined in Subsection
44 13-1a-10 (1)(b); and
45 (ii) has not posted a corporate surety bond or cash equivalent as required under
46 Subsection 13-1a-10 (2); or
47 (b) individuals associated with an entity described in Subsections (4)(a)(i) and (ii).
Legislative Review Note
as of 2-13-06 1:28 PM
Based on a limited legal review, this legislation has not been determined to have a high
probability of being held unconstitutional.