H.B. 193 Enrolled

1

OCCUPATIONS AND PROFESSIONS
2 AMENDMENTS
3 2010 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Rebecca D. Lockhart
6 Senate Sponsor: John L. Valentine
7
8 LONG TITLE
9 General Description:
10 This bill amends provisions of Title 58, Occupations and Professions.
11 Highlighted Provisions:
12 This bill:
13 . clarifies provisions related to the Division of Occupational and Professional
14 Licensing's access to Bureau of Criminal Identification records;
15 . modifies language related to the issuing of reprimands by the division;
16 . provides for the resolution of problems with the division through a stipulated
17 agreement;
18 . modifies definition provisions in the Utah Controlled Substances Act and the
19 Uniform Building Standards Act administered by the division;
20 . provides for the reporting of certain information by a trust that has applied to the
21 division for an alarm company contractor license; and
22 . makes certain technical changes.
23 Monies Appropriated in this Bill:
24 None
25 Other Special Clauses:
26 None
27 Utah Code Sections Affected:
28 AMENDS:
29 58-1-301.5, as last amended by Laws of Utah 2008, Chapter 211

30 58-1-401, as last amended by Laws of Utah 1996, Chapter 175
31 58-31b-201, as last amended by Laws of Utah 2005, Chapter 50
32 58-37-7.5, as last amended by Laws of Utah 2009, Chapter 41
33 58-55-302, as last amended by Laws of Utah 2009, Chapter 183
34 58-56-3, as last amended by Laws of Utah 2009, Chapter 339
35 58-56-4, as last amended by Laws of Utah 2009, Chapter 339
36
37 Be it enacted by the Legislature of the state of Utah:
38 Section 1. Section 58-1-301.5 is amended to read:
39 58-1-301.5. Division access to Bureau of Criminal Identification records.
40 (1) The division shall have direct access to criminal background information
41 maintained by the Bureau of Criminal Identification under Title 53, Chapter 10, Part 2,
42 Bureau of Criminal Identification, for background screening of licensure applicants as
43 required in:
44 (a) Section 58-17b-307 of Title 58, Chapter 17b, Pharmacy Practice Act;
45 [(a)] (b) Section 58-31b-302 of Title 58, Chapter 31b, Nurse Practice Act;
46 [(b)] (c) Section 58-47b-302 of Title 58, Chapter 47b, Massage Therapy Practice Act;
47 [(c)] (d) Section 58-55-302 of Title 58, Chapter 55, Utah Construction Trades
48 Licensing Act, as it applies to alarm companies and alarm company agents;
49 [(d)] (e) Section 58-63-302 of Title 58, Chapter 63, Security Personnel Licensing Act;
50 and
51 [(e)] (f) Section 58-64-302 of Title 58, Chapter 64, Deception Detection Examiners
52 Licensing Act.
53 (2) The division access under Subsection (1) shall be:
54 (a) in accordance with Section 53-10-108 [.]; and
55 (b) to all convictions, pleas of nolo contendere, pleas of guilty or nolo contendere held
56 in abeyance, all dismissed charges, and charges without a known disposition.
57 Section 2. Section 58-1-401 is amended to read:

58 58-1-401. Grounds for denial of license -- Disciplinary proceedings -- Time
59 limitations -- Sanctions.
60 (1) The division shall refuse to issue a license to an applicant and shall refuse to renew
61 or shall revoke, suspend, restrict, place on probation, or otherwise act upon the license of a
62 licensee who does not meet the qualifications for licensure under this title.
63 (2) The division may refuse to issue a license to an applicant and may refuse to renew
64 or may revoke, suspend, restrict, place on probation, issue a public [or private] reprimand to,
65 or otherwise act upon the license of any licensee in any of the following cases:
66 (a) the applicant or licensee has engaged in unprofessional conduct, as defined by
67 statute or rule under this title;
68 (b) the applicant or licensee has engaged in unlawful conduct as defined by statute
69 under this title;
70 (c) the applicant or licensee has been determined to be mentally incompetent for any
71 reason by a court of competent jurisdiction; or
72 (d) the applicant or licensee is unable to practice the occupation or profession with
73 reasonable skill and safety because of illness, drunkenness, excessive use of drugs, narcotics,
74 chemicals, or any other type of material, or as a result of any other mental or physical
75 condition, when the licensee's condition demonstrates a threat or potential threat to the public
76 health, safety, or welfare.
77 (3) Any licensee whose license to practice an occupation or profession regulated by
78 this title has been suspended, revoked, or restricted may apply for reinstatement of the license
79 at reasonable intervals and upon compliance with any conditions imposed upon the licensee by
80 statute, rule, or terms of the license suspension, revocation, or restriction.
81 (4) The division may issue cease and desist orders to:
82 (a) [to] a licensee or applicant who may be disciplined under Subsection (1) or (2);
83 (b) [to] any person who engages in or represents himself to be engaged in an
84 occupation or profession regulated under this title; and
85 (c) [to] any person who otherwise violates this title or any rules adopted under this

86 title.
87 (5) (a) The division may not take disciplinary action against any person for
88 unprofessional or unlawful conduct under this title, unless the division enters into a stipulated
89 agreement or initiates an adjudicative proceeding regarding the conduct within four years after
90 the conduct is reported to the division, except under Subsection (5)(b).
91 (b) The division may not take disciplinary action against any person for
92 unprofessional or unlawful conduct more than 10 years after the occurrence of the conduct,
93 unless the proceeding is in response to a civil or criminal judgment or settlement and the
94 proceeding is initiated within one year following the judgment or settlement.
95 Section 3. Section 58-31b-201 is amended to read:
96 58-31b-201. Board.
97 (1) There is created the Board of Nursing that consists of the following 11 members:
98 (a) nine nurses in a manner as may be further defined in division rule; and
99 (b) two members of the public.
100 (2) The board shall be appointed and serve in accordance with Section 58-1-201 .
101 (3) The board shall carry out the duties and responsibilities in Sections 58-1-202 and
102 58-1-203 and shall:
103 (a) (i) recommend to the division minimum standards for educational programs
104 qualifying a person for licensure or certification under this chapter;
105 (ii) recommend to the division denial, approval, or withdrawal of approval regarding
106 educational programs that meet or fail to meet the established minimum standards; and
107 (iii) designate one of its members on a permanent or rotating basis to:
108 (A) assist the division in reviewing complaints concerning the unlawful or
109 unprofessional conduct of a licensee; and
110 (B) advise the division in its investigation of these complaints.
111 (b) A board member who has, under Subsection (3)(a)(iii), reviewed a complaint or
112 advised in its investigation may be disqualified from participating with the board when the
113 board serves as a presiding officer in an adjudicative proceeding concerning the complaint.

114 (4) (a) The director shall appoint an individual to serve [as the executive administrator
115 of the Board of Nursing. Except when the board serves as a presiding officer in an
116 adjudicative procedure, the executive administrator shall serve as an ex officio member of the
117 board and shall] as an ex officio member of the Board of Nursing to represent the position of
118 the division in matters considered by the board.
119 (b) The [executive administrator] ex officio member shall be a licensed registered
120 nurse, shall have earned a masters degree in nursing, and shall have a minimum of five years
121 of experience working in nursing administration or nursing education.
122 Section 4. Section 58-37-7.5 is amended to read:
123 58-37-7.5. Controlled substance database -- Pharmacy reporting requirements --
124 Access -- Penalties.
125 (1) As used in this section:
126 (a) "Board" means the Utah State Board of Pharmacy created in Section 58-17b-201 .
127 (b) "Database" means the controlled substance database created in this section.
128 [(c) "Database manager" means the person responsible for operating the database, or
129 the person's designee.]
130 [(d)] (c) "Division" means the Division of Occupational and Professional Licensing
131 created in Section 58-1-103 .
132 [(e)] (d) "Health care facility" is as defined in Section 26-21-2 .
133 [(f)] (e) "Mental health therapist" is as defined in Section 58-60-102 .
134 [(g)] (f) "Pharmacy" or "pharmaceutical facility" is as defined in Section 58-17b-102 .
135 [(h)] (g) "Prospective patient" means a person who:
136 (i) is seeking medical advice, medical treatment, or medical services from a
137 practitioner; and
138 (ii) the practitioner described in Subsection (1)[(h)](g)(i) is considering accepting as a
139 patient.
140 [(i)] (h) "Substance abuse treatment program" is as defined in Section 62A-2-101 .
141 (2) (a) There is created within the division a controlled substance database.

142 (b) (i) The division shall administer and direct the functioning of the database in
143 accordance with this section.
144 (ii) The division may under state procurement laws contract with another state agency
145 or private entity to establish, operate, or maintain the database.
146 (iii) The division in collaboration with the board shall determine whether to operate
147 the database within the division or contract with another entity to operate the database, based
148 on an analysis of costs and benefits.
149 (c) The purpose of the database is to contain data as described in this section
150 regarding every prescription for a controlled substance dispensed in the state to any person
151 other than an inpatient in a licensed health care facility.
152 (d) Data required by this section shall be submitted in compliance with this section to
153 the [manager of the database] division by the pharmacist in charge of the drug outlet where the
154 controlled substance is dispensed.
155 (3) The board shall advise the division regarding:
156 (a) establishing, maintaining, and operating the database;
157 (b) access to the database and how access is obtained; and
158 (c) control of information contained in the database.
159 (4) The pharmacist in charge shall, regarding each controlled substance dispensed by a
160 pharmacist under the pharmacist's supervision other than those dispensed for an inpatient at a
161 health care facility, submit to the [manager of the database] division the following
162 information, by a procedure and in a format established by the division:
163 (a) name of the prescribing practitioner;
164 (b) date of the prescription;
165 (c) date the prescription was filled;
166 (d) name of the person for whom the prescription was written;
167 (e) positive identification of the person receiving the prescription, including the type
168 of identification and any identifying numbers on the identification;
169 (f) name of the controlled substance;

170 (g) quantity of controlled substance prescribed;
171 (h) strength of controlled substance;
172 (i) quantity of controlled substance dispensed;
173 (j) dosage quantity and frequency as prescribed;
174 (k) name of drug outlet dispensing the controlled substance;
175 (l) name of pharmacist dispensing the controlled substance; and
176 (m) other relevant information as required by division rule.
177 (5) The division shall maintain the database in an electronic file or by other means
178 established by the division to facilitate use of the database for identification of:
179 (a) prescribing practices and patterns of prescribing and dispensing controlled
180 substances;
181 (b) practitioners prescribing controlled substances in an unprofessional or unlawful
182 manner;
183 (c) individuals receiving prescriptions for controlled substances from licensed
184 practitioners, and who subsequently obtain dispensed controlled substances from a drug outlet
185 in quantities or with a frequency inconsistent with generally recognized standards of dosage
186 for that controlled substance; and
187 (d) individuals presenting forged or otherwise false or altered prescriptions for
188 controlled substances to a pharmacy.
189 (6) (a) The division shall by rule establish the electronic format in which the
190 information required under this section shall be submitted to the [administrator of the
191 database] division.
192 (b) The division shall ensure the database system records and maintains for reference:
193 (i) identification of each person who requests or receives information from the
194 database;
195 (ii) the information provided to each person; and
196 (iii) the date and time the information is requested or provided.
197 (7) The division shall make rules to:

198 (a) effectively enforce the limitations on access to the database as described in
199 Subsection (8); and
200 (b) establish standards and procedures to ensure accurate identification of individuals
201 requesting information or receiving information without request from the database.
202 (8) The [manager of the database] division shall make information in the database
203 available only to the following persons, in accordance with the requirements of this section
204 and division rules:
205 (a) personnel of the division specifically assigned to conduct investigations related to
206 controlled substances laws under the jurisdiction of the division;
207 (b) authorized division personnel engaged in analysis of controlled substance
208 prescription information as a part of the assigned duties and responsibilities of their
209 employment;
210 (c) employees of the Department of Health whom the director of the Department of
211 Health assigns to conduct scientific studies regarding the use or abuse of controlled
212 substances, provided that the identity of the individuals and pharmacies in the database are
213 confidential and are not disclosed in any manner to any individual who is not directly involved
214 in the scientific studies;
215 (d) a licensed practitioner having authority to prescribe controlled substances, to the
216 extent the information:
217 (i) (A) relates specifically to a current or prospective patient of the practitioner; and
218 (B) is sought by the practitioner for the purpose of:
219 (I) prescribing or considering prescribing any controlled substance to the current or
220 prospective patient;
221 (II) diagnosing the current or prospective patient;
222 (III) providing medical treatment or medical advice to the current or prospective
223 patient; or
224 (IV) determining whether the current or prospective patient:
225 (Aa) is attempting to fraudulently obtain a controlled substance from the practitioner;

226 or
227 (Bb) has fraudulently obtained, or attempted to fraudulently obtain, a controlled
228 substance from the practitioner;
229 (ii) (A) relates specifically to a former patient of the practitioner; and
230 (B) is sought by the practitioner for the purpose of determining whether the former
231 patient has fraudulently obtained, or has attempted to fraudulently obtain, a controlled
232 substance from the practitioner;
233 (iii) relates specifically to an individual who has access to the practitioner's Drug
234 Enforcement Administration number, and the practitioner suspects that the individual may
235 have used the practitioner's Drug Enforcement Administration identification number to
236 fraudulently acquire or prescribe a controlled substance;
237 (iv) relates to the practitioner's own prescribing practices, except when specifically
238 prohibited by the division by administrative rule;
239 (v) relates to the use of the controlled substance database by an employee of the
240 practitioner, described in Subsection (8)(e); or
241 (vi) relates to any use of the practitioner's Drug Enforcement Administration
242 identification number to obtain, attempt to obtain, prescribe, or attempt to prescribe, a
243 controlled substance;
244 (e) in accordance with Subsection (17), an employee of a practitioner described in
245 Subsection (8)(d), for a purpose described in Subsection (8)(d)(i) or (ii), if:
246 (i) the employee is designated by the practitioner as a person authorized to access the
247 information on behalf of the practitioner;
248 (ii) the practitioner provides written notice to the division of the identity of the
249 employee; and
250 (iii) the division:
251 (A) grants the employee access to the database; and
252 (B) provides the employee with a password that is unique to that employee to access
253 the database in order to permit the division to comply with the requirements of Subsection

254 (6)(b) with respect to the employee;
255 (f) a licensed pharmacist having authority to dispense controlled substances to the
256 extent the information is sought for the purpose of:
257 (i) dispensing or considering dispensing any controlled substance; or
258 (ii) determining whether a person:
259 (A) is attempting to fraudulently obtain a controlled substance from the pharmacist; or
260 (B) has fraudulently obtained, or attempted to fraudulently obtain, a controlled
261 substance from the pharmacist;
262 (g) federal, state, and local law enforcement authorities, and state and local
263 prosecutors, engaged as a specified duty of their employment in enforcing laws:
264 (i) regulating controlled substances; or
265 (ii) investigating insurance fraud, Medicaid fraud, or Medicare fraud;
266 (h) a mental health therapist, if:
267 (i) the information relates to a patient who is:
268 (A) enrolled in a licensed substance abuse treatment program; and
269 (B) receiving treatment from, or under the direction of, the mental health therapist as
270 part of the patient's participation in the licensed substance abuse treatment program described
271 in Subsection (8)(h)(i)(A);
272 (ii) the information is sought for the purpose of determining whether the patient is
273 using a controlled substance while the patient is enrolled in the licensed substance abuse
274 treatment program described in Subsection (8)(h)(i)(A); and
275 (iii) the licensed substance abuse treatment program described in Subsection
276 (8)(h)(i)(A) is associated with a practitioner who:
277 (A) is a physician, a physician assistant, an advance practice registered nurse, or a
278 pharmacist; and
279 (B) is available to consult with the mental health therapist regarding the information
280 obtained by the mental health therapist, under this Subsection (8)(h), from the database; and
281 (i) an individual who is the recipient of a controlled substance prescription entered

282 into the database, upon providing evidence satisfactory to the database manager that the
283 individual requesting the information is in fact the person about whom the data entry was
284 made.
285 (9) [Any] A person who knowingly and intentionally releases any information in the
286 database in violation of the limitations under Subsection (8) is guilty of a third degree felony.
287 (10) (a) [Any] A person who obtains or attempts to obtain information from the
288 database by misrepresentation or fraud is guilty of a third degree felony.
289 (b) [Any] A person who obtains or attempts to obtain information from the database
290 for a purpose other than a purpose authorized by this section or by rule is guilty of a third
291 degree felony.
292 (11) (a) (i) Except as provided in Subsection (11)(d), a person may not knowingly and
293 intentionally use, release, publish, or otherwise make available to any other person or entity
294 [any] information obtained from the database for [any] a purpose other than [those] a purpose
295 specified in Subsection (8).
296 (ii) Each separate violation of this Subsection (11) is a third degree felony and is also
297 subject to a civil penalty not to exceed $5,000.
298 (b) The procedure for determining a civil violation of this Subsection (11) shall be in
299 accordance with Section 58-1-108 , regarding adjudicative proceedings within the division.
300 (c) Civil penalties assessed under this Subsection (11) shall be deposited in the
301 General Fund as a dedicated credit to be used by the division under Subsection 58-37-7.7 (1).
302 (d) Nothing in this Subsection (11) prohibits a person who obtains information from
303 the database under Subsection (8)(d) or (e) from:
304 (i) including the information in the person's medical chart or file for access by a
305 person authorized to review the medical chart or file; or
306 (ii) providing the information to a person in accordance with the requirements of the
307 Health Insurance Portability and Accountability Act of 1996.
308 (12) (a) The failure of a pharmacist in charge to submit information to the database as
309 required under this section after the division has submitted a specific written request for the

310 information or when the division determines the individual has a demonstrable pattern of
311 failing to submit the information as required is grounds for the division to take the following
312 actions in accordance with Section 58-1-401 :
313 (i) refuse to issue a license to the individual;
314 (ii) refuse to renew the individual's license;
315 (iii) revoke, suspend, restrict, or place on probation the license;
316 (iv) issue a public or private reprimand to the individual;
317 (v) issue a cease and desist order; and
318 (vi) impose a civil penalty of not more than $1,000 for each dispensed prescription
319 regarding which the required information is not submitted.
320 (b) Civil penalties assessed under Subsection (12)(a)(vi) shall be deposited in the
321 General Fund as a dedicated credit to be used by the division under Subsection 58-37-7.7 (1).
322 (c) The procedure for determining a civil violation of this Subsection (12) shall be in
323 accordance with Section 58-1-108 , regarding adjudicative proceedings within the division.
324 (13) An individual who has submitted information to the database in accordance with
325 this section may not be held civilly liable for having submitted the information.
326 (14) All department and the division costs necessary to establish and operate the
327 database shall be funded by appropriations from:
328 (a) the Commerce Service Fund; and
329 (b) the General Fund.
330 (15) All costs associated with recording and submitting data as required in this section
331 shall be assumed by the submitting pharmacy.
332 (16) (a) Except as provided in Subsection (16)(b), data provided to, maintained in, or
333 accessed from the database that may be identified to, or with, a particular person is not subject
334 to discovery, subpoena, or similar compulsory process in [any] a civil, judicial, administrative,
335 or legislative proceeding, nor shall [any] an individual or organization with lawful access to
336 the data be compelled to testify with regard to the data.
337 (b) The restrictions in Subsection (16)(a) do not apply to:

338 (i) a criminal proceeding; or
339 (ii) a civil, judicial, or administrative action brought to enforce the provisions of this
340 section, Section 58-37-7.7 , or Section 58-37-7.8 .
341 (17) (a) A practitioner described in Subsection (8)(d) may designate up to three
342 employees to access information from the database under Subsection (8)(e).
343 (b) The division shall make rules, in accordance with Title 63G, Chapter 3, Utah
344 Administrative Rulemaking Act, to establish background check procedures to determine
345 whether an employee designated under Subsection (8)(e)(i) should be granted access to the
346 database.
347 (c) The division shall grant an employee designated under Subsection (8)(e)(i) access
348 to the database, unless the division determines, based on a background check, that the
349 employee poses a security risk to the information contained in the database.
350 (d) The division may impose a fee, in accordance with Section 63J-1-504 , on a
351 practitioner who designates an employee under Subsection (8)(e)(i), to pay for the costs
352 incurred by the division to conduct the background check and make the determination
353 described in Subsection (17)(c).
354 (18) (a) A person who is granted access to the database based on the fact that the
355 person is a licensed practitioner or a mental health therapist shall be denied access to the
356 database when the person is no longer licensed.
357 (b) A person who is granted access to the database based on the fact that the person is
358 a designated employee of a licensed practitioner shall be denied access to the database when
359 the practitioner is no longer licensed.
360 (19) A person who is a relative of a deceased individual is not entitled to access
361 information from the database relating to the deceased individual based on the fact or claim
362 that the person is:
363 (a) related to the deceased individual; or
364 (b) subrogated to the rights of the deceased individual.
365 Section 5. Section 58-55-302 is amended to read:

366 58-55-302. Qualifications for licensure.
367 (1) Each applicant for a license under this chapter shall:
368 (a) submit an application prescribed by the division;
369 (b) pay a fee as determined by the department under Section 63J-1-504 ;
370 (c) (i) meet the examination requirements established by rule by the commission with
371 the concurrence of the director, except for the classifications of apprentice plumber and
372 apprentice electrician for whom no examination is required; or
373 (ii) if required in Section 58-55-304 , the individual qualifier must pass the required
374 examination if the applicant is a business entity;
375 (d) if an apprentice, identify the proposed supervisor of the apprenticeship;
376 (e) if an applicant for a contractor's license:
377 (i) produce satisfactory evidence of financial responsibility, except for a construction
378 trades instructor for whom evidence of financial responsibility is not required;
379 (ii) produce satisfactory evidence of knowledge and experience in the construction
380 industry and knowledge of the principles of the conduct of business as a contractor, reasonably
381 necessary for the protection of the public health, safety, and welfare; and
382 (iii) be a licensed master electrician if an applicant for an electrical contractor's license
383 or a licensed master residential electrician if an applicant for a residential electrical
384 contractor's license; or
385 (iv) be a licensed master plumber if an applicant for a plumbing contractor's license or
386 a licensed master residential plumber if an applicant for a residential plumbing contractor's
387 license; and
388 (f) if an applicant for a construction trades instructor license, satisfy any additional
389 requirements established by rule.
390 (2) After approval of an applicant for a contractor's license by the applicable board
391 and the division, the applicant shall file the following with the division before the division
392 issues the license:
393 (a) proof of workers' compensation insurance which covers employees of the applicant

394 in accordance with applicable Utah law;
395 (b) proof of public liability insurance in coverage amounts and form established by
396 rule except for a construction trades instructor for whom public liability insurance is not
397 required; and
398 (c) proof of registration as required by applicable law with the:
399 (i) Utah Department of Commerce;
400 (ii) Division of Corporations and Commercial Code;
401 (iii) Unemployment Insurance Division in the Department of Workforce Services, for
402 purposes of Title 35A, Chapter 4, Employment Security Act;
403 (iv) State Tax Commission; and
404 (v) Internal Revenue Service.
405 (3) In addition to the general requirements for each applicant in Subsection (1),
406 applicants shall comply with the following requirements to be licensed in the following
407 classifications:
408 (a) (i) A master plumber shall produce satisfactory evidence that the applicant:
409 (A) has been a licensed journeyman plumber for at least two years and had two years
410 of supervisory experience as a licensed journeyman plumber in accordance with division rule;
411 (B) has received at least an associate of applied science degree or similar degree
412 following the completion of a course of study approved by the division and had one year of
413 supervisory experience as a licensed journeyman plumber in accordance with division rule; or
414 (C) meets the qualifications determined by the division in collaboration with the board
415 to be equivalent to Subsection (3)(a)(i)(A) or (B).
416 (ii) An individual holding a valid Utah license as a journeyman plumber, based on at
417 least four years of practical experience as a licensed apprentice under the supervision of a
418 licensed journeyman plumber and four years as a licensed journeyman plumber, in effect
419 immediately prior to May 5, 2008, is on and after May 5, 2008, considered to hold a current
420 master plumber license under this chapter, and satisfies the requirements of this Subsection
421 (3)(a) for the purpose of renewal or reinstatement of that license under Section 58-55-303 .

422 (iii) An individual holding a valid plumbing contractor's license or residential
423 plumbing contractor's license, in effect immediately prior to May 5, 2008, is on or after May
424 5, 2008:
425 (A) considered to hold a current master plumber license under this chapter if licensed
426 as a plumbing contractor and a journeyman plumber, and satisfies the requirements of this
427 Subsection (3)(a) for purposes of renewal or reinstatement of that license under Section
428 58-55-303 ; and
429 (B) considered to hold a current residential master plumber license under this chapter
430 if licensed as a residential plumbing contractor and a residential journeyman plumber, and
431 satisfies the requirements of this Subsection (3)(a) for purposes of renewal or reinstatement of
432 that license under Section 58-55-303 .
433 (b) A master residential plumber applicant shall produce satisfactory evidence that the
434 applicant:
435 (i) has been a licensed residential journeyman plumber for at least two years and had
436 two years of supervisory experience as a licensed residential journeyman plumber in
437 accordance with division rule; or
438 (ii) meets the qualifications determined by the division in collaboration with the board
439 to be equivalent to Subsection (3)(b)(i).
440 (c) A journeyman plumber applicant shall produce satisfactory evidence of:
441 (i) successful completion of the equivalent of at least four years of full-time training
442 and instruction as a licensed apprentice plumber under supervision of a licensed master
443 plumber or journeyman plumber and in accordance with a planned program of training
444 approved by the division;
445 (ii) at least eight years of full-time experience approved by the division in
446 collaboration with the Plumbers Licensing Board; or
447 (iii) satisfactory evidence of meeting the qualifications determined by the board to be
448 equivalent to Subsection (3)(c)(i) or (c)(ii).
449 (d) A residential journeyman plumber shall produce satisfactory evidence of:

450 (i) completion of the equivalent of at least three years of full-time training and
451 instruction as a licensed apprentice plumber under the supervision of a licensed residential
452 master plumber, licensed residential journeyman plumber, or licensed journeyman plumber in
453 accordance with a planned program of training approved by the division;
454 (ii) completion of at least six years of full-time experience in a maintenance or repair
455 trade involving substantial plumbing work; or
456 (iii) meeting the qualifications determined by the board to be equivalent to Subsection
457 (3)(d)(i) or (d)(ii).
458 (e) The conduct of licensed apprentice plumbers and their licensed supervisors shall be
459 in accordance with the following:
460 (i) while engaging in the trade of plumbing, a licensed apprentice plumber shall be
461 under the immediate supervision of a licensed master plumber, licensed residential master
462 plumber, licensed journeyman plumber, or a licensed residential journeyman plumber; and
463 (ii) a licensed apprentice plumber in the fourth through tenth year of training may
464 work without supervision for a period not to exceed eight hours in any 24-hour period, but if
465 the apprentice does not become a licensed journeyman plumber or licensed residential
466 journeyman plumber by the end of the tenth year of apprenticeship, this nonsupervision
467 provision no longer applies.
468 (f) A master electrician applicant shall produce satisfactory evidence that the
469 applicant:
470 (i) is a graduate electrical engineer of an accredited college or university approved by
471 the division and has one year of practical electrical experience as a licensed apprentice
472 electrician;
473 (ii) is a graduate of an electrical trade school, having received an associate of applied
474 sciences degree following successful completion of a course of study approved by the division,
475 and has two years of practical experience as a licensed journeyman electrician;
476 (iii) has four years of practical experience as a journeyman electrician; or
477 (iv) meets the qualifications determined by the board to be equivalent to Subsection

478 (3)(f)(i), (ii), or (iii).
479 (g) A master residential electrician applicant shall produce satisfactory evidence that
480 the applicant:
481 (i) has at least two years of practical experience as a residential journeyman
482 electrician; or
483 (ii) meets the qualifications determined by the board to be equivalent to this practical
484 experience.
485 (h) A journeyman electrician applicant shall produce satisfactory evidence that the
486 applicant:
487 (i) has successfully completed at least four years of full-time training and instruction
488 as a licensed apprentice electrician under the supervision of a master electrician or journeyman
489 electrician and in accordance with a planned training program approved by the division;
490 (ii) has at least eight years of full-time experience approved by the division in
491 collaboration with the Electricians Licensing Board; or
492 (iii) meets the qualifications determined by the board to be equivalent to Subsection
493 (3)(h)(i) or (ii).
494 (i) A residential journeyman electrician applicant shall produce satisfactory evidence
495 that the applicant:
496 (i) has successfully completed two years of training in an electrical training program
497 approved by the division;
498 (ii) has four years of practical experience in wiring, installing, and repairing electrical
499 apparatus and equipment for light, heat, and power under the supervision of a licensed master,
500 journeyman, residential master, or residential journeyman electrician; or
501 (iii) meets the qualifications determined by the division and applicable board to be
502 equivalent to Subsection (3)(i)(i) or (ii).
503 (j) The conduct of licensed apprentice electricians and their licensed supervisors shall
504 be in accordance with the following:
505 (i) A licensed apprentice electrician shall be under the immediate supervision of a

506 licensed master, journeyman, residential master, or residential journeyman electrician. An
507 apprentice in the fourth year of training may work without supervision for a period not to
508 exceed eight hours in any 24-hour period.
509 (ii) A licensed master, journeyman, residential master, or residential journeyman
510 electrician may have under immediate supervision on a residential project up to three licensed
511 apprentice electricians.
512 (iii) A licensed master or journeyman electrician may have under immediate
513 supervision on nonresidential projects only one licensed apprentice electrician.
514 (k) An alarm company applicant shall:
515 (i) have a qualifying agent who is an officer, director, partner, proprietor, or manager
516 of the applicant who:
517 (A) demonstrates 6,000 hours of experience in the alarm company business;
518 (B) demonstrates 2,000 hours of experience as a manager or administrator in the alarm
519 company business or in a construction business; and
520 (C) passes an examination component established by rule by the commission with the
521 concurrence of the director;
522 (ii) if a corporation, provide:
523 (A) the names, addresses, dates of birth, Social Security numbers, and fingerprint
524 cards of all corporate officers, directors, and those responsible management personnel
525 employed within the state or having direct responsibility for managing operations of the
526 applicant within the state; and
527 (B) the names, addresses, dates of birth, Social Security numbers, and fingerprint
528 cards of all shareholders owning 5% or more of the outstanding shares of the corporation,
529 except this shall not be required if the stock is publicly listed and traded;
530 (iii) if a limited liability company, provide:
531 (A) the names, addresses, dates of birth, Social Security numbers, and fingerprint
532 cards of all company officers, and those responsible management personnel employed within
533 the state or having direct responsibility for managing operations of the applicant within the

534 state; and
535 (B) the names, addresses, dates of birth, Social Security numbers, and fingerprint
536 cards of all individuals owning 5% or more of the equity of the company;
537 (iv) if a partnership, provide the names, addresses, dates of birth, Social Security
538 numbers, and fingerprint cards of all general partners, and those responsible management
539 personnel employed within the state or having direct responsibility for managing operations of
540 the applicant within the state;
541 (v) if a proprietorship, provide the names, addresses, dates of birth, Social Security
542 numbers, and fingerprint cards of the proprietor, and those responsible management personnel
543 employed within the state or having direct responsibility for managing operations of the
544 applicant within the state;
545 (vi) if a trust, provide the names, addresses, dates of birth, Social Security numbers,
546 and fingerprint cards of the trustee, and those responsible management personnel employed
547 within the state or having direct responsibility for managing operations of the applicant within
548 the state;
549 [(vi)] (vii) be of good moral character in that officers, directors, shareholders
550 described in Subsection (3)(k)(ii)(B), partners, proprietors, trustees, and responsible
551 management personnel have not been convicted of a felony, a misdemeanor involving moral
552 turpitude, or any other crime that when considered with the duties and responsibilities of an
553 alarm company is considered by the board to indicate that the best interests of the public are
554 served by granting the applicant a license;
555 [(vii)] (viii) document that none of the applicant's officers, directors, shareholders
556 described in Subsection (3)(k)(ii)(B), partners, proprietors, trustees, and responsible
557 management personnel have been declared by any court of competent jurisdiction incompetent
558 by reason of mental defect or disease and not been restored;
559 [(viii)] (ix) document that none of the applicant's officers, directors, shareholders
560 described in Subsection (3)(k)(ii)(B), partners, proprietors, and responsible management
561 personnel are currently suffering from habitual drunkenness or from drug addiction or

562 dependence;
563 [(ix)] (x) file and maintain with the division evidence of:
564 (A) comprehensive general liability insurance in form and in amounts to be
565 established by rule by the commission with the concurrence of the director;
566 (B) workers' compensation insurance that covers employees of the applicant in
567 accordance with applicable Utah law; and
568 (C) registration as is required by applicable law with the:
569 (I) Division of Corporations and Commercial Code;
570 (II) Unemployment Insurance Division in the Department of Workforce Services, for
571 purposes of Title 35A, Chapter 4, Employment Security Act;
572 (III) State Tax Commission; and
573 (IV) Internal Revenue Service; and
574 [(x)] (xi) meet with the division and board.
575 (l) Each applicant for licensure as an alarm company agent shall:
576 (i) submit an application in a form prescribed by the division accompanied by
577 fingerprint cards;
578 (ii) pay a fee determined by the department under Section 63J-1-504 ;
579 (iii) be of good moral character in that the applicant has not been convicted of a
580 felony, a misdemeanor involving moral turpitude, or any other crime that when considered
581 with the duties and responsibilities of an alarm company agent is considered by the board to
582 indicate that the best interests of the public are served by granting the applicant a license;
583 (iv) not have been declared by any court of competent jurisdiction incompetent by
584 reason of mental defect or disease and not been restored;
585 (v) not be currently suffering from habitual drunkenness or from drug addiction or
586 dependence; and
587 (vi) meet with the division and board if requested by the division or the board.
588 (4) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
589 the division may make rules establishing when Federal Bureau of Investigation records shall

590 be checked for applicants as an alarm company or alarm company agent.
591 (5) To determine if an applicant meets the qualifications of Subsections (3)(k)[(vi)]
592 (vii) and (3)(l)(iii), the division shall provide an appropriate number of copies of fingerprint
593 cards to the Department of Public Safety with the division's request to:
594 (a) conduct a search of records of the Department of Public Safety for criminal history
595 information relating to each applicant for licensure as an alarm company or alarm company
596 agent and each applicant's officers, directors, shareholders described in Subsection
597 (3)(k)(ii)(B), partners, proprietors, and responsible management personnel; and
598 (b) forward to the Federal Bureau of Investigation a fingerprint card of each applicant
599 requiring a check of records of the F.B.I. for criminal history information under this section.
600 (6) The Department of Public Safety shall send to the division:
601 (a) a written record of criminal history, or certification of no criminal history record,
602 as contained in the records of the Department of Public Safety in a timely manner after receipt
603 of a fingerprint card from the division and a request for review of Department of Public Safety
604 records; and
605 (b) the results of the F.B.I. review concerning an applicant in a timely manner after
606 receipt of information from the F.B.I.
607 (7) (a) The division shall charge each applicant for licensure as an alarm company or
608 alarm company agent a fee, in accordance with Section 63J-1-504 , equal to the cost of
609 performing the records reviews under this section.
610 (b) The division shall pay the Department of Public Safety the costs of all records
611 reviews, and the Department of Public Safety shall pay the F.B.I. the costs of records reviews
612 under this section.
613 (8) Information obtained by the division from the reviews of criminal history records
614 of the Department of Public Safety and the F.B.I. shall be used or disseminated by the division
615 only for the purpose of determining if an applicant for licensure as an alarm company or alarm
616 company agent is qualified for licensure.
617 (9) (a) An application for licensure under this chapter shall be denied if:

618 (i) the applicant has had a previous license, which was issued under this chapter,
619 suspended or revoked within one year prior to the date of the applicant's application;
620 (ii) (A) the applicant is a partnership, corporation, or limited liability company; and
621 (B) any corporate officer, director, shareholder holding 25% or more of the stock in
622 the applicant, partner, member, agent acting as a qualifier, or any person occupying a similar
623 status, performing similar functions, or directly or indirectly controlling the applicant has
624 served in any similar capacity with any person or entity which has had a previous license,
625 which was issued under this chapter, suspended or revoked within one year prior to the date of
626 the applicant's application; or
627 (iii) (A) the applicant is an individual or sole proprietorship; and
628 (B) any owner or agent acting as a qualifier has served in any capacity listed in
629 Subsection (9)(a)(ii)(B) in any entity which has had a previous license, which was issued
630 under this chapter, suspended or revoked within one year prior to the date of the applicant's
631 application.
632 (b) An application for licensure under this chapter shall be reviewed by the
633 appropriate licensing board prior to approval if:
634 (i) the applicant has had a previous license, which was issued under this chapter,
635 suspended or revoked more than one year prior to the date of the applicant's application;
636 (ii) (A) the applicant is a partnership, corporation, or limited liability company; and
637 (B) any corporate officer, director, shareholder holding 25% or more of the stock in
638 the applicant, partner, member, agent acting as a qualifier, or any person occupying a similar
639 status, performing similar functions, or directly or indirectly controlling the applicant has
640 served in any similar capacity with any person or entity which has had a previous license,
641 which was issued under this chapter, suspended or revoked more than one year prior to the
642 date of the applicant's application; or
643 (iii) (A) the applicant is an individual or sole proprietorship; and
644 (B) any owner or agent acting as a qualifier has served in any capacity listed in
645 Subsection (9)(b)(ii)(B) in any entity which has had a previous license, which was issued

646 under this chapter, suspended or revoked more than one year prior to the date of the applicant's
647 application.
648 Section 6. Section 58-56-3 is amended to read:
649 58-56-3. Definitions.
650 In addition to the definitions in Section 58-1-102 , as used in this chapter:
651 (1) (a) "Adopted code" means:
652 (i) (A) a new edition of or amendment to an existing code, including the standards and
653 specifications contained in the code, adopted by the Legislature under Section 58-56-7 ; and
654 (B) administered by the division under Section 58-56-6 ; and
655 (ii) adopted by a nationally recognized code authority, including:
656 (A) a building code;
657 (B) the National Electrical Code promulgated by the National Fire Protection
658 Association;
659 (C) a residential one and two family dwelling code;
660 (D) a plumbing code;
661 (E) a mechanical code;
662 (F) a fuel gas code;
663 (G) an energy conservation code; and
664 (H) a manufactured housing installation standard code.
665 (b) "Adopted code" includes:
666 (i) a fire code administered by the Fire Prevention Board under Section 53-7-204 ; and
667 (ii) a code listed in Subsection (1)(a)(ii) that was adopted or amended by the division
668 and Uniform Building Code Commission or the Fire Protection Board before May 12, 2009.
669 (2) "Agricultural use" means a use that relates to the tilling of soil and raising of crops,
670 or keeping or raising domestic animals.
671 [(2)] (3) (a) (i) "Approved code" means a code, including the standards and
672 specifications contained in the code, approved by the division under Section 58-56-4 for use
673 by a compliance agency; and

674 (ii) administered by the division under Section 58-56-6 .
675 (b) "Approved code" does not include an adopted code listed under Subsection (1)(b).
676 [(3)] (4) "Board" means the Fire Prevention Board created in Section 53-7-203 .
677 [(4)] (5) "Building" means a structure used or intended for supporting or sheltering
678 any use or occupancy and any improvements attached to it.
679 [(5)] (6) "Commission" means the Uniform Building Code Commission created under
680 this chapter.
681 [(6)] (7) "Compliance agency" means:
682 (a) an agency of the state or any of its political subdivisions which issues permits for
683 construction regulated under the codes;
684 (b) any other agency of the state or its political subdivisions specifically empowered to
685 enforce compliance with the codes; or
686 (c) any other state agency which chooses to enforce codes adopted under this chapter
687 by authority given the agency under a title other than Title 58, Occupations and Professions.
688 [(7)] (8) "Factory built housing" means manufactured homes or mobile homes.
689 [(8)] (9) (a) "Factory built housing set-up contractor" means an individual licensed by
690 the division to set up or install factory built housing on a temporary or permanent basis.
691 (b) The scope of the work included under the license includes the placement or
692 securing, or both placement and securing, of the factory built housing on a permanent or
693 temporary foundation, securing the units together if required, and connection of the utilities to
694 the factory built housing unit, but does not include site preparation, construction of a
695 permanent foundation, and construction of utility services to the near proximity of the factory
696 built housing unit.
697 (c) If a dealer is not licensed as a factory built housing set-up contractor, that
698 individual must subcontract the connection services to individuals who are licensed by the
699 division to perform those specific functions under Title 58, Chapter 55, Utah Construction
700 Trades Licensing Act.
701 [(9)] (10) "HUD code" means the National Manufactured Housing Construction and

702 Safety Standards Act, 42 U.S.C. Sec. 5401 et seq.
703 [(10)] (11) "Legislative action" means the Legislature's:
704 (a) adoption of a new adopted code;
705 (b) adoption of an amendment to an existing adopted code;
706 (c) repeal of an adopted code; or
707 (d) repeal of a provision of an adopted code.
708 [(11)] (12) "Local regulator" means each political subdivision of the state which is
709 empowered to engage in the regulation of construction, alteration, remodeling, building,
710 repair, and other activities subject to the codes.
711 [(12)] (13) (a) "Manufactured home" means a transportable factory built housing unit
712 constructed on or after June 15, 1976, according to the HUD Code, in one or more sections,
713 which:
714 (i) in the traveling mode, is eight body feet or more in width or 40 body feet or more in
715 length, or when erected on site, is 400 or more square feet; and
716 (ii) is built on a permanent chassis and designed to be used as a dwelling with or
717 without a permanent foundation when connected to the required utilities, and includes the
718 plumbing, heating, air-conditioning, and electrical systems.
719 (b) Manufactured homes constructed on or after June 15, 1976, shall be identifiable by
720 the manufacturer's data plate bearing the date the unit was manufactured and a HUD label
721 attached to the exterior of the home certifying the home was manufactured to HUD standards.
722 [(13)] (14) "Mobile home" means a transportable factory built housing unit built prior
723 to June 15, 1976, in accordance with a state mobile home code which existed prior to the
724 HUD Code.
725 [(14)] (15) "Modular unit" means a structure built from sections which are
726 manufactured in accordance with the construction standards adopted pursuant to Section
727 58-56-4 and transported to a building site, the purpose of which is for human habitation,
728 occupancy, or use.
729 (16) "Not for human occupancy" means use of a structure for purposes other than

730 protection or comfort of human beings, but allows people to enter the structure for:
731 (a) maintenance and repair; and
732 (b) the care of livestock, crops, or equipment intended for agricultural use which are
733 kept there.
734 [(15)] (17) "Opinion" means a written, nonbinding, and advisory statement issued by
735 the commission concerning an interpretation of the meaning of the codes or the application of
736 the codes in a specific circumstance issued in response to a specific request by a party to the
737 issue.
738 [(16)] (18) "State regulator" means an agency of the state which is empowered to
739 engage in the regulation of construction, alteration, remodeling, building, repair, and other
740 activities subject to the codes adopted pursuant to this chapter.
741 Section 7. Section 58-56-4 is amended to read:
742 58-56-4. Definitions -- Adoption of building codes -- Amendments -- Approval of
743 other codes -- Exemptions.
744 (1) As used in this section[: (a) "agricultural use" means a use that relates to the tilling
745 of soil and raising of crops, or keeping or raising domestic animals; (b) "not for human
746 occupancy" means use of a structure for purposes other than protection or comfort of human
747 beings, but allows people to enter the structure for: (i) maintenance and repair; and (ii) the
748 care of livestock, crops, or equipment intended for agricultural use which are kept there; and
749 (c)], "residential area" means land that is not used for an agricultural use and is:
750 [(i) (A)] (a) (i) within the boundaries of a city or town; and
751 [(B)] (ii) less than five contiguous acres;
752 [(ii) (A)] (b) (i) within a subdivision for which the county has approved a subdivision
753 plat under Title 17, Chapter 27a, Part 6, Subdivisions; and
754 [(B)] (ii) less than two contiguous acres; or
755 [(iii)] (c) not located in whole or in part in an agricultural protection area created
756 under Title 17, Chapter 41, Agriculture and Industrial Protection Areas.
757 (2) A person shall follow an adopted code when:

758 (a) new construction is involved; and
759 (b) the owner of an existing building, or the owner's agent, is voluntarily engaged in:
760 (i) the repair, renovation, remodeling, alteration, enlargement, rehabilitation,
761 conservation, or reconstruction of the building; or
762 (ii) changing the character or use of the building in a manner which increases the
763 occupancy loads, other demands, or safety risks of the building.
764 (3) (a) Beginning May 12, 2009, the board and commission shall, in accordance with
765 Sections 53-7-204 and 58-56-5 , make recommendations to the Business and Labor Interim
766 Committee as to whether or not the Legislature should take legislative action.
767 (b) (i) If the Business and Labor Interim Committee decides to recommend legislative
768 action to the Legislature, the Business and Labor Interim Committee shall prepare legislation
769 for consideration by the Legislature in the next general session.
770 (ii) The legislation described in Subsection (3)(b)(i) shall direct:
771 (A) the division to administer an adopted code, excluding the fire code, in accordance
772 with legislative action approved by the Legislature; and
773 (B) the board to administer an adopted fire code in accordance with legislative action
774 approved by the Legislature.
775 (4) (a) Notwithstanding Subsection (3), the commission may, in accordance with Title
776 63G, Chapter 3, Utah Administrative Rulemaking Act, adopt an adopted code, except the fire
777 code, if the commission determines that waiting for legislative action in the next general
778 legislative session under Subsection (3) would:
779 (i) cause an imminent peril to the public health, safety, or welfare; or
780 (ii) place a person in violation of federal or other state law.
781 (b) If the commission adopts an adopted code under Subsection (4)(a), the
782 commission shall file with the division:
783 (i) the text of the adopted code; and
784 (ii) an analysis that includes the specific reasons and justifications for its findings.
785 (c) The division shall, in accordance with Subsection (4)(b):

786 (i) publish the adopted code in accordance with Section 58-56-6 ; and
787 (ii) notify the Business and Labor Interim Committee of the adoption, including a
788 copy of the commission's analysis described in Subsection (5)(b).
789 (d) If not formally adopted by the Legislature at its next annual general session, an
790 adopted code adopted under this Subsection (4) is repealed effective at midnight on the last
791 day that the Legislature adjourns sine die at its next annual general session.
792 (5) (a) Notwithstanding Subsection (3), the board may, in accordance with Title 63G,
793 Chapter 3, Utah Administrative Rulemaking Act, adopt a fire code, if the board determines
794 that waiting for legislative action in the next general legislative session under Subsection (3)
795 would:
796 (i) cause an imminent peril to the public health, safety, or welfare; or
797 (ii) place a person in violation of federal or other state law.
798 (b) The board shall:
799 (i) publish the adopted fire code; and
800 (ii) notify the Business and Labor Interim Committee of the adoption, including a
801 copy of an analysis by the board identifying specific reasons and justifications for its findings.
802 (c) If not formally adopted by the Legislature at its next annual general session, a fire
803 code adopted under this Subsection (5) is repealed effective at midnight on the last day that
804 the Legislature adjourns sine die at its next annual general session.
805 (6) (a) The division, in consultation with the commission, has discretion to approve,
806 without adopting, certain approved codes, including specific editions of the approved codes,
807 for use by a compliance agency.
808 (b) Under Subsection (6)(a), a compliance agency has the discretion to:
809 (i) adopt an ordinance requiring removal, demolition, or repair of a building,
810 according to an adopted code;
811 (ii) adopt, by ordinance or rule, a dangerous building code; or
812 (iii) adopt, by ordinance or rule, a building rehabilitation code.
813 (7) (a) Except in a residential area, a structure used solely in conjunction with

814 agriculture use, and not for human occupancy, is exempted from the permit requirements of an
815 adopted code.
816 (b) Notwithstanding Subsection (7)(a), unless otherwise exempted, plumbing,
817 electrical, and mechanical permits may be required when that work is included in the
818 structure.