H.B. 243 Enrolled

1

OCCUPATIONS AND PROFESSIONS AMENDMENTS
2 2011 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Michael T. Morley
5 Senate Sponsor: J. Stuart Adams
6
7 LONG TITLE
8 General Description:
9 This bill amends provisions of Title 58, Occupations and Professions, regarding the
10 administration and enforcement of licensing laws and related provisions.
11 Highlighted Provisions:
12 This bill:
13 . provides that members of licensing boards can continue to serve for a limited time
14 period after their terms have expired until their successors are appointed and
15 qualified;
16 . provides for notification by an applicant or licensee to the Division of Occupational
17 and Professional Licensing regarding name and address changes;
18 . provides the division with fine and citation authority for the unlicensed practice of a
19 profession or the hiring of unlicensed individuals;
20 . clarifies licensure by endorsement provisions for professional engineers,
21 professional structural engineers, and professional land surveyors;
22 . modifies the qualifications for licensure as an advanced practice registered nurse;
23 . modifies the definition of practice of massage therapy for purposes of the Massage
24 Practice Therapy Act;
25 . modifies continuing education requirement provisions for licensed elevator
26 mechanics and elevator contract licensees;
27 . makes technical changes to vocational rehabilitation counselor licensing provisions;
28 . modifies the term of license provisions; and
29 . makes certain technical changes.

30 Money Appropriated in this Bill:
31 None
32 Other Special Clauses:
33 None
34 Utah Code Sections Affected:
35 AMENDS:
36 38-11-206, as last amended by Laws of Utah 2009, Chapter 183
37 58-1-201, as last amended by Laws of Utah 2010, Chapters 286 and 324
38 58-1-401, as last amended by Laws of Utah 2010, Chapter 372
39 58-1-404, as last amended by Laws of Utah 2008, Chapter 382
40 58-1-502, as enacted by Laws of Utah 1993, Chapter 297
41 58-22-302, as last amended by Laws of Utah 2009, Chapter 183
42 58-31b-302, as last amended by Laws of Utah 2009, Chapter 183
43 58-47b-102, as last amended by Laws of Utah 2006, Chapter 109
44 58-55-302.7, as enacted by Laws of Utah 2010, Chapter 57
45 58-55-303, as last amended by Laws of Utah 2010, Chapters 53, 57, and 227
46 58-78-302, as enacted by Laws of Utah 2009, Chapter 122
47 58-78-303, as enacted by Laws of Utah 2009, Chapter 122
48 58-83-401, as enacted by Laws of Utah 2010, Chapter 180
49 63G-4-102, as renumbered and amended by Laws of Utah 2008, Chapter 382
50 78B-6-205, as renumbered and amended by Laws of Utah 2008, Chapter 3
51 ENACTS:
52 58-1-301.7, Utah Code Annotated 1953
53 REPEALS:
54 58-39a-1, as enacted by Laws of Utah 1991, Chapter 279
55 58-39a-2, as last amended by Laws of Utah 1993, Chapter 297
56 58-39a-3, as last amended by Laws of Utah 1993, Chapter 297
57 58-39a-4, as enacted by Laws of Utah 1991, Chapter 279

58 58-39a-5, as last amended by Laws of Utah 2009, Chapter 183
59 58-39a-5.5, as last amended by Laws of Utah 1995, Chapter 12
60 58-39a-6, as last amended by Laws of Utah 1995, Chapter 12
61
62 Be it enacted by the Legislature of the state of Utah:
63 Section 1. Section 38-11-206 is amended to read:
64 38-11-206. Limitations on fund balance -- Payment of special assessments.
65 (1) (a) If on [December 31] June 30 of any year the balance in the fund is less than
66 $1,500,000, the division shall make a special assessment against all qualified beneficiaries in
67 an amount that will restore the unencumbered fund balance to not less than $2,000,000 or more
68 than $2,500,000.
69 (b) The amount of the special assessment shall be determined by the division under
70 Section 63J-1-504 after consultation with the board.
71 (2) Special assessments made under this section shall be due and payable on [May 1]
72 December 1 following assessment.
73 (3) The fund balance limitations set forth in Subsection (1)(a) shall be used by the
74 division only for the purpose of determining the amount of any special assessment and do not
75 prohibit the fund balance from exceeding $2,500,000 or falling below $2,000,000.
76 Section 2. Section 58-1-201 is amended to read:
77 58-1-201. Boards -- Appointment -- Membership -- Terms -- Vacancies --
78 Quorum -- Per diem and expenses -- Chair -- Financial interest or faculty position in
79 professional school teaching continuing education prohibited.
80 (1) (a) (i) The executive director shall appoint the members of the boards established
81 under this title.
82 (ii) In appointing these members the executive director shall give consideration to
83 recommendations by members of the respective occupations and professions and by their
84 organizations.
85 (b) Each board shall be composed of five members, four of whom shall be licensed or

86 certified practitioners in good standing of the occupation or profession the board represents,
87 and one of whom shall be a member of the general public, unless otherwise provided under the
88 specific licensing chapter.
89 (c) (i) The names of all persons appointed to boards shall be submitted to the governor
90 for confirmation or rejection.
91 (ii) If an appointee is rejected by the governor, the executive director shall appoint
92 another person in the same manner as set forth in Subsection (1)(a).
93 (2) (a) (i) Except as required by Subsection (2)(b), as terms of current board members
94 expire, the executive director shall appoint each new member or reappointed member to a
95 four-year term.
96 (ii) Upon the expiration of the term of a board member, the board member shall
97 continue to serve until a successor is appointed, but for a period not to exceed six months from
98 the expiration date of the member's term.
99 (b) Notwithstanding the requirements of Subsection (2)(a), the executive director shall,
100 at the time of appointment or reappointment, adjust the length of terms to ensure that the terms
101 of board members are staggered so that approximately half of the board is appointed every two
102 years.
103 (c) A board member may not serve more than two consecutive terms, and a board
104 member who ceases to serve on a board may not serve again on that board until after the
105 expiration of a two-year period beginning from that cessation of service.
106 (d) (i) When a vacancy occurs in the membership for any reason, the replacement shall
107 be appointed for the unexpired term.
108 (ii) After filling that term, the replacement member may be appointed for only one
109 additional full term.
110 (e) If a board member fails or refuses to fulfill the responsibilities and duties of a board
111 member, including the attendance at board meetings, the executive director with the approval
112 of the board may remove the board member and replace the member in accordance with this
113 section.

114 (3) A majority of the board members constitutes a quorum. A quorum is sufficient
115 authority for the board to act.
116 (4) A member may not receive compensation or benefits for the member's service, but
117 may receive per diem and travel expenses in accordance with:
118 (a) Section 63A-3-106 ;
119 (b) Section 63A-3-107 ; and
120 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
121 63A-3-107 .
122 (5) Each board shall annually designate one of its members to serve as chair for a
123 one-year period.
124 (6) A board member may not be a member of the faculty of or have any financial
125 interest in any vocational or professional college or school which provides continuing
126 education to any licensee if that continuing education is required by statute or rule.
127 Section 3. Section 58-1-301.7 is enacted to read:
128 58-1-301.7. Change of information.
129 (1) (a) An applicant, licensee, or certificate holder shall send the division a signed
130 statement in the form required by the division notifying the division within 10 business days of
131 any change of a mailing address.
132 (b) When providing a mailing address, the individual may provide a post office box or
133 other mail drop location.
134 (2) An applicant, licensee, or certificate holder is considered to have received a
135 notification that has been sent to the last mailing address furnished to the division by the
136 applicant, licensee, or certificate holder.
137 Section 4. Section 58-1-401 is amended to read:
138 58-1-401. Grounds for denial of license -- Disciplinary proceedings -- Time
139 limitations -- Sanctions.
140 (1) The division shall refuse to issue a license to an applicant and shall refuse to renew
141 or shall revoke, suspend, restrict, place on probation, or otherwise act upon the license of a

142 licensee who does not meet the qualifications for licensure under this title.
143 (2) The division may refuse to issue a license to an applicant and may refuse to renew
144 or may revoke, suspend, restrict, place on probation, issue a public reprimand to, or otherwise
145 act upon the license of any licensee in any of the following cases:
146 (a) the applicant or licensee has engaged in unprofessional conduct, as defined by
147 statute or rule under this title;
148 (b) the applicant or licensee has engaged in unlawful conduct as defined by statute
149 under this title;
150 (c) the applicant or licensee has been determined to be mentally incompetent for any
151 reason by a court of competent jurisdiction; or
152 (d) the applicant or licensee is unable to practice the occupation or profession with
153 reasonable skill and safety because of illness, drunkenness, excessive use of drugs, narcotics,
154 chemicals, or any other type of material, or as a result of any other mental or physical
155 condition, when the licensee's condition demonstrates a threat or potential threat to the public
156 health, safety, or welfare.
157 (3) Any licensee whose license to practice an occupation or profession regulated by
158 this title has been suspended, revoked, or restricted may apply for reinstatement of the license
159 at reasonable intervals and upon compliance with any conditions imposed upon the licensee by
160 statute, rule, or terms of the license suspension, revocation, or restriction.
161 (4) The division may issue cease and desist orders to:
162 (a) a licensee or applicant who may be disciplined under Subsection (1) or (2);
163 (b) any person who engages in or represents himself to be engaged in an occupation or
164 profession regulated under this title; and
165 (c) any person who otherwise violates this title or any rules adopted under this title.
166 (5) The division may impose an administrative penalty in accordance with Section
167 58-1-502 .
168 [(5)] (6) (a) The division may not take disciplinary action against any person for
169 unprofessional or unlawful conduct under this title, unless the division enters into a stipulated

170 agreement or initiates an adjudicative proceeding regarding the conduct within four years after
171 the conduct is reported to the division, except under Subsection [(5)] (6)(b).
172 (b) The division may not take disciplinary action against any person for unprofessional
173 or unlawful conduct more than 10 years after the occurrence of the conduct, unless the
174 proceeding is in response to a civil or criminal judgment or settlement and the proceeding is
175 initiated within one year following the judgment or settlement.
176 Section 5. Section 58-1-404 is amended to read:
177 58-1-404. Diversion -- Procedure.
178 (1) As used in this section, "diversion" means suspending action to discipline a
179 licensee who is or could be charged in a Notice of Agency Action with certain offenses within
180 the category of unprofessional or unlawful conduct on the condition that the licensee agrees to
181 participate in an educational or rehabilitation program or fulfill some other condition.
182 (2) (a) (i) The director may establish, as circumstances require, a diversion advisory
183 committee for each occupation or profession or similar groups of occupations or professions
184 licensed by the division.
185 (ii) The committees shall assist the director in the administration of this section.
186 (b) (i) Each committee shall consist of at least three licensees from the same or similar
187 occupation or profession as the person whose conduct is the subject of the committee's
188 consideration.
189 (ii) The director shall appoint the members of a diversion advisory committee from
190 nominations submitted by the corresponding board established for the same or similar
191 occupation or profession under Section 58-1-201 or from other qualified nominees developed
192 by or submitted to the division.
193 (iii) Committee members may not serve concurrently as members of the corresponding
194 board.
195 (iv) Committee members shall serve voluntarily without remuneration.
196 (v) The director may:
197 (A) dissolve any diversion advisory committee;

198 (B) remove or request the replacement of any member of a committee; and
199 (C) establish any procedure that is necessary and proper for a committee's
200 administration.
201 (3) The director may, after consultation with the appropriate diversion advisory
202 committee and by written agreement with the licensee, divert the licensee to a diversion
203 program:
204 (a) at any time after receipt by the division of a complaint against the licensee when no
205 adjudicative proceeding has been commenced;
206 (b) at any time prior to the conclusion of a hearing under Section 63G-4-206 when an
207 adjudicative proceeding has been commenced against the licensee; or
208 (c) after a self-referral by a licensee who is not the subject of a current investigation,
209 complaint, or adjudicative proceeding.
210 (4) (a) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
211 the division shall define by rule the particular offenses within the category of unprofessional or
212 unlawful conduct which may be subject to diversion.
213 (b) A licensee may be eligible for a diversion program only once for the same or
214 similar offense, whether the diversion program was in this state or another jurisdiction, and is
215 not eligible if previously disciplined by the division, by a licensing agency of another state, or
216 by a federal government agency for the same or a similar offense.
217 (c) The term of a diversion agreement shall be five years or less, but may be extended
218 for an additional period of time as agreed to by the parties in writing.
219 (d) A decision by the director not to divert a licensee is not subject to appeal or judicial
220 review.
221 (5) A licensee may be represented by counsel:
222 (a) during the negotiations for diversion;
223 (b) at the time of the execution of the diversion agreement; and
224 (c) at any hearing before the director relating to a diversion program.
225 (6) (a) As used in this section, "diversion agreement" means a written agreement

226 between the division, through its director, and the licensee, which specifies formal terms and
227 conditions the licensee must fulfill in order to comply with the diversion program.
228 (b) (i) A diversion agreement shall contain a full detailed statement of the requirements
229 agreed to by the licensee and a full detailed stipulation of the facts upon which the diversion
230 agreement is premised.
231 (ii) The facts stipulated in the diversion agreement shall constitute binding admissions
232 of the licensee:
233 (A) in any proceeding under Subsection (6)(c) or (6)(d) to terminate the diversion
234 agreement and impose disciplinary sanctions against the licensee; and
235 (B) in any disciplinary proceeding based on unprofessional or unlawful conduct that is
236 not the basis of the diversion agreement.
237 (c) The diversion agreement shall provide that if the licensee makes an intentional
238 material misrepresentation of fact in the stipulation of facts contained in the diversion
239 agreement, the director shall initiate the procedures set forth in Subsection (13) to terminate the
240 diversion agreement and issue an order of license revocation.
241 (d) (i) The diversion agreement shall provide that if the licensee fails to comply with its
242 terms, the director shall initiate the procedures set forth in Subsection (14) to terminate the
243 diversion agreement and issue an order of license suspension, which shall be stayed in favor of
244 an order of probation having the same terms as those which comprised the diversion
245 agreement.
246 (ii) The division may waive and not include as probationary requirements any terms of
247 the diversion agreement it does not consider necessary to protect the public.
248 (iii) The term of the order of probation shall be as provided in Subsection (14)(c)(ii).
249 (e) The division director may not approve a diversion agreement unless the licensee, as
250 part of the diversion agreement:
251 (i) knowingly and intelligently waives the right to a hearing under Title 63G, Chapter
252 4, Administrative Procedures Act, for the conduct upon which the diversion agreement was
253 premised;

254 (ii) agrees to be subject to the procedures and remedies set forth in this section;
255 (iii) acknowledges an understanding of the consequences of making an intentional
256 misrepresentation of fact in the stipulation of facts contained in the diversion agreement; and
257 (iv) acknowledges an understanding of the consequences of failing to comply with the
258 terms of the diversion agreement.
259 (7) (a) If the division and the licensee enter into a diversion agreement after the
260 division has commenced an adjudicative proceeding against the licensee, the director shall stay
261 that proceeding pending completion of the diversion agreement.
262 (b) The order staying the adjudicative proceeding shall be filed in that proceeding and
263 may reference the diversion agreement.
264 (8) (a) Upon successful completion of a diversion agreement, the director shall dismiss
265 any charges under the director's jurisdiction of unprofessional or unlawful conduct that were
266 filed against the licensee.
267 (b) Whether or not an adjudicative proceeding had been commenced against the
268 licensee, the division may not thereafter subject the licensee to disciplinary action for the
269 conduct which formed the basis of the completed diversion agreement.
270 (c) Neither the execution of a diversion agreement nor the dismissal of filed charges
271 constitute disciplinary action, and no report of either may be made to disciplinary databases.
272 (d) The division may consider the completion of a diversion program and the contents
273 of the diversion agreement in determining the appropriate disciplinary action if the licensee is
274 charged in the future with the same or similar conduct.
275 (e) The order of dismissal shall be filed in the adjudicative proceeding in which the
276 misconduct was charged and may reference the diversion agreement.
277 (9) (a) Acceptance of the licensee into diversion does not preclude the division from
278 investigating or continuing to investigate the licensee for any unlawful or unprofessional
279 conduct committed before, during, or after participation in the diversion program.
280 (b) Acceptance of the licensee into diversion does not preclude the division from
281 taking disciplinary action or continuing to take disciplinary action against the licensee for

282 unlawful or unprofessional conduct committed before, during, or after participation in the
283 diversion program, except for that conduct which formed the basis for the diversion agreement.
284 (c) Any licensee terminated from the diversion program for failure to comply with the
285 diversion agreement is subject to disciplinary action by the division for acts committed before,
286 during, and after participation in the diversion program, including violations identified in the
287 diversion agreement.
288 (10) The classification, retention, and disclosure of records relating to a licensee's
289 participation in the diversion program is governed by Title 63G, Chapter 2, Government
290 Records Access and Management Act, except that any provision in the diversion agreement
291 which addresses access to or release of diversion records regarding the licensee shall govern
292 the access to and release of those records.
293 (11) Notwithstanding any other provision of this section, the fact that the licensee
294 completed a diversion program and the contents of the diversion agreement itself may be
295 considered by the division in determining the appropriate disciplinary action if the licensee is
296 charged in the future with the same or similar conduct.
297 (12) Meetings regarding the diversion program are not subject to Title 52, Chapter 4,
298 Open and Public Meetings Act.
299 (13) (a) If, during the course of the diversion agreement, information is brought to the
300 attention of the director that the licensee made an intentional material misrepresentation of fact
301 in the stipulation of facts contained in the diversion agreement, the director shall cause to be
302 served upon the licensee an order to show cause specifying the information relied upon by the
303 director and setting a time and place for hearing to determine whether or not the licensee made
304 the intentional material misrepresentation of fact and whether the agreement should be
305 terminated on that ground.
306 (b) Proceedings to terminate a diversion agreement on the grounds that the licensee
307 made an intentional material misrepresentation of fact in the stipulation of facts contained in
308 the diversion agreement and to issue an order of license revocation shall comply with Title
309 63G, Chapter 4, Administrative Procedures Act, except as follows:

310 (i) the notice of agency action shall be in the form of an order to show cause, which
311 shall contain all of the information specified in Subsection 63G-4-201 (2), except a statement
312 that a written response to the order to show cause is required;
313 (ii) no written response to the order to show cause is required;
314 (iii) discovery is prohibited, but the division may issue subpoenas or other orders to
315 compel production of necessary evidence on behalf of either party and all parties shall have
316 access to information contained in the division's diversion file to the extent permitted by law;
317 (iv) the hearing shall be held only after timely notice to all parties; and
318 (v) any agency review or reconsideration of an order terminating a diversion agreement
319 or of an order of license revocation pursuant to this Subsection (13) shall be limited to the
320 division director's findings of fact, conclusions of law, and order which arose out of the order
321 to show cause proceeding.
322 (c) Upon finding the licensee made an intentional material misrepresentation of fact in
323 the stipulation of facts contained in the diversion agreement and that terminating the agreement
324 is in the best interest of the public, and issuing an order to that effect, the director shall issue an
325 order of license revocation, revoking the licensee's professional license.
326 (d) The order terminating the diversion agreement and the order of license revocation
327 shall include findings of fact and conclusions of law as determined by the director following
328 the hearing or as otherwise stipulated and agreed to by the parties.
329 (e) If the diversion agreement being terminated was entered into after the division had
330 commenced an adjudicative proceeding against the licensee, that adjudicative proceeding shall
331 be considered to be merged into the order of license revocation and it may not constitute a basis
332 for any separate disciplinary action against the licensee.
333 (f) The order terminating the diversion agreement and the order of license revocation
334 shall notify the licensee of the right to request agency review or reconsideration.
335 (14) (a) If, during the course of the diversion agreement, information is brought to the
336 attention of the director that the licensee has violated the diversion agreement and if it appears
337 in the best interest of the public to proceed with charges, the director, after consultation with

338 the diversion advisory committee, shall cause to be served upon the licensee an order to show
339 cause specifying the facts relied upon by the director and setting a time and place for hearing to
340 determine whether or not the licensee has violated the diversion agreement and whether the
341 agreement should be terminated.
342 (b) Proceedings to terminate a diversion agreement and to issue an order of license
343 suspension and probation, and proceedings to terminate the probation and lift the stay of a
344 license suspension, shall comply with Title 63G, Chapter 4, Administrative Procedures Act,
345 except as follows:
346 (i) the notice of agency action shall be in the form of an order to show cause, which
347 shall contain all of the information specified in Subsection 63G-4-201 (2), except a statement
348 that a written response to the order to show cause is required;
349 (ii) no written response to the order to show cause shall be required;
350 (iii) discovery is prohibited, but the division may issue subpoenas or other orders to
351 compel production of necessary evidence on behalf of either party and all parties shall have
352 access to information contained in the division's diversion file to the extent permitted by law;
353 (iv) the hearing shall be held only after timely notice to all parties; and
354 (v) any agency review or reconsideration of an order terminating a diversion agreement
355 or of an order of license suspension and probation pursuant to this Subsection (14) shall be
356 limited to the division director's findings of fact, conclusions of law, and order which arose out
357 of the order to show cause proceeding.
358 (c) (i) Upon finding the licensee has violated the diversion agreement and that
359 terminating the agreement is in the best interest of the public, and issuing an order to that
360 effect, the director shall issue an order of license suspension, suspending the licensee's
361 professional license, but shall stay that suspension in favor of an order of probation, consisting
362 of the same terms as those which comprised the diversion agreement.
363 (ii) The period of probation shall be the time period which remained under the
364 diversion agreement, or five years from the date of the order of license suspension and
365 probation, whichever is longer, unless otherwise agreed by the parties.

366 (iii) The period of probation is tolled during any time in which the licensee does not
367 have an active license in the state.
368 (d) (i) The order terminating the diversion agreement and the order of license
369 suspension and probation shall include findings of fact and conclusions of law as determined
370 by the director following the hearing or as otherwise stipulated and agreed to by the parties.
371 (ii) The findings of fact may include those facts to which the licensee stipulated in the
372 diversion agreement and any additional facts as the director may determine in the course of the
373 hearing.
374 (e) If the diversion agreement being terminated was entered into after the division had
375 commenced an adjudicative proceeding against the licensee, that adjudicative proceeding shall
376 be considered to be merged into the order of license suspension and probation and it may not
377 constitute a basis for any separate disciplinary action against the licensee.
378 (f) The order terminating the diversion agreement and the order of license suspension
379 and probation shall notify the licensee of the right to request agency review or reconsideration.
380 (g) (i) The terms and conditions of the order of license suspension and probation may
381 be amended by order of the director, pursuant to motion or stipulation of the parties.
382 (ii) The order of the director on the motion shall not be subject to agency review, but is
383 subject to agency reconsideration under Section 63G-4-302 .
384 (h) (i) If, during the course of probation, the director has reason to believe the licensee
385 has violated the order of suspension and probation, the director shall cause to be served upon
386 the licensee an order to show cause why the probation should not be terminated and the stay of
387 suspension lifted.
388 (ii) The order to show cause shall specify the facts relied upon by the director and shall
389 set a time and place for hearing before the director to determine whether or not the licensee has
390 violated the order of suspension and probation and whether that order should be terminated and
391 the stay of suspension lifted.
392 (15) (a) Nothing in this section precludes the division from issuing an emergency order
393 pursuant to Section 63G-4-502 .

394 (b) If the division issues an emergency order against a licensee who is subject to a
395 diversion agreement with the division, that diversion agreement shall be immediately and
396 automatically terminated upon the issuance of the emergency order, without compliance with
397 the provisions of Title 63G, Chapter 4, Administrative Procedures Act.
398 (c) (i) A licensee whose diversion agreement has been terminated pursuant to
399 Subsection (15)(b) is entitled, upon request, to a posttermination hearing to challenge the
400 termination of the diversion agreement.
401 (ii) The request shall be considered a request for agency action and shall comply with
402 the requirements of Subsection 63G-4-201 (3).
403 (iii) The division shall uphold the termination of the diversion agreement if it finds
404 that:
405 (A) the licensee violated the diversion agreement; and
406 (B) it is in the best interest of the public to terminate the diversion agreement.
407 (16) The administrative statute of limitations for taking disciplinary action described in
408 Subsection 58-1-401 [(5)](6) shall be tolled during a diversion program.
409 Section 6. Section 58-1-502 is amended to read:
410 58-1-502. Unlawful conduct -- Penalties.
411 (1) Unless otherwise specified in this title, [any] a person who violates the unlawful
412 conduct provisions defined in this title is guilty of a class A misdemeanor.
413 (2) (a) If upon inspection or investigation, the division concludes that a person has
414 violated Subsection 58-1-501 (1)(a) or (c) or any rule or order issued with respect to those
415 subsections and that disciplinary action is appropriate, the director or the director's designee
416 from within the division shall promptly:
417 (i) issue a citation to the person according to this section and any pertinent rules;
418 (ii) attempt to negotiate a stipulated settlement; or
419 (iii) notify the person to appear before an adjudicative proceeding conducted under
420 Title 63G, Chapter 4, Administrative Procedures Act.
421 (b) (i) The division may assess a fine under this Subsection (2) against a person who

422 violates Subsection 58-1-501 (1)(a) or (c) or any rule or order issued with respect to those
423 subsections as evidenced by:
424 (A) an uncontested citation;
425 (B) a stipulated settlement; or
426 (C) a finding of a violation in an adjudicative proceeding.
427 (ii) The division may, in addition to or in lieu of a fine under Subsection (2)(b)(i),
428 order the person to cease and desist from violating Subsection 58-1-501 (1)(a) or (c) or any rule
429 or order issued with respect to this section.
430 (c) Except for a cease and desist order, the division may not assess the licensure
431 sanctions cited in Section 58-1-401 through a citation.
432 (d) A citation shall:
433 (i) be in writing;
434 (ii) describe with particularity the nature of the violation, including a reference to the
435 provision of the chapter, rule, or order alleged to have been violated;
436 (iii) clearly state that the recipient must notify the division in writing within 20
437 calendar days of service of the citation if the recipient wishes to contest the citation at a hearing
438 conducted under Title 63G, Chapter 4, Administrative Procedures Act; and
439 (iv) clearly explain the consequences of failure to timely contest the citation or to make
440 payment of any fine assessed by the citation within the time specified in the citation.
441 (e) The division may issue a notice in lieu of a citation.
442 (f) (i) If within 20 calendar days from the service of the citation, the person to whom
443 the citation was issued fails to request a hearing to contest the citation, the citation becomes the
444 final order of the division and is not subject to further agency review.
445 (ii) The period to contest a citation may be extended by the division for cause.
446 (g) The division may refuse to issue or renew, suspend, revoke, or place on probation
447 the license of a licensee who fails to comply with a citation after it becomes final.
448 (h) The failure of an applicant for licensure to comply with a citation after it becomes
449 final is a ground for denial of license.

450 (i) The division may not issue a citation under this section after the expiration of six
451 months following the occurrence of a violation.
452 (j) The director or the director's designee shall assess fines according to the following:
453 (i) for the first offense handled pursuant to Subsection (2)(a), a fine of up to $1,000;
454 (ii) for a second offense handled pursuant to Subsection (2)(a), a fine of up to $2,000;
455 and
456 (iii) for any subsequent offense handled pursuant to Subsection (2)(a), a fine of up to
457 $2,000 for each day of continued offense.
458 (3) (a) An action for a first or second offense which has not yet resulted in a final order
459 of the division may not preclude initiation of any subsequent action for a second or subsequent
460 offense during the pendency of any preceding action.
461 (b) The final order on a subsequent action is considered a second or subsequent
462 offense, respectively, provided the preceding action resulted in a first or second offense,
463 respectively.
464 (4) (a) The director may collect a penalty that is not paid by:
465 (i) either referring the matter to a collection agency; or
466 (ii) bringing an action in the district court of the county in which the person against
467 whom the penalty is imposed resides or in the county where the office of the director is located.
468 (b) Any county attorney or the attorney general of the state shall provide legal
469 assistance and advice to the director in an action to collect the penalty.
470 (c) A court may award reasonable attorney fees and costs to the division in an action
471 brought by the division to enforce the provisions of this section.
472 Section 7. Section 58-22-302 is amended to read:
473 58-22-302. Qualifications for licensure.
474 (1) Each applicant for licensure as a professional engineer shall:
475 (a) submit an application in a form prescribed by the division;
476 (b) pay a fee determined by the department under Section 63J-1-504 ;
477 (c) provide satisfactory evidence of good moral character;

478 (d) (i) have graduated and received a bachelors or masters degree from an engineering
479 program meeting criteria established by rule by the division in collaboration with the board; or
480 (ii) have completed the Transportation Engineering Technology and Fundamental
481 Engineering College Program prior to July 1, 1998, under the direction of the Utah Department
482 of Transportation and as certified by the Utah Department of Transportation;
483 (e) have successfully completed a program of qualifying experience established by rule
484 by the division in collaboration with the board;
485 (f) have successfully passed examinations established by rule by the division in
486 collaboration with the board; and
487 (g) meet with the board or representative of the division upon request for the purpose
488 of evaluating the applicant's qualification for licensure.
489 (2) Each applicant for licensure as a professional structural engineer shall:
490 (a) submit an application in a form prescribed by the division;
491 (b) pay a fee determined by the department under Section 63J-1-504 ;
492 (c) provide satisfactory evidence of good moral character;
493 (d) have graduated and received an earned bachelors or masters degree from an
494 engineering program meeting criteria established by rule by the division in collaboration with
495 the board;
496 (e) have successfully completed three years of licensed professional engineering
497 experience established by rule by the division in collaboration with the board, except that prior
498 to January 1, 2009, an applicant for licensure may submit a signed affidavit in a form
499 prescribed by the division stating that the applicant is currently engaged in the practice of
500 structural engineering;
501 (f) have successfully passed examinations established by rule by the division in
502 collaboration with the board, except that prior to January 1, 2009, an applicant for licensure
503 may submit a signed affidavit in a form prescribed by the division stating that the applicant is
504 currently engaged in the practice of structural engineering; and
505 (g) meet with the board or representative of the division upon request for the purpose

506 of evaluating the applicant's qualification for licensure.
507 (3) Each applicant for licensure as a professional land surveyor shall:
508 (a) submit an application in a form prescribed by the division;
509 (b) pay a fee determined by the department under Section 63J-1-504 ;
510 (c) provide satisfactory evidence of good moral character;
511 (d) (i) have graduated and received an associates, bachelors, or masters degree from a
512 land surveying program, or an equivalent land surveying program, such as a program offered by
513 the Utah College of Applied Technology as approved by the State Board of Regents,
514 established by rule by the division in collaboration with the board, and have successfully
515 completed a program of qualifying experience in land surveying established by rule by the
516 division in collaboration with the board; or
517 (ii) have successfully completed a program of qualifying experience in land surveying
518 prior to January 1, 2007, in accordance with rules established by the division in collaboration
519 with the board;
520 (e) have successfully passed examinations established by rule by the division in
521 collaboration with the board; and
522 (f) meet with the board or representative of the division upon request for the purpose of
523 evaluating the applicant's qualification for licensure.
524 (4) Each applicant for licensure by endorsement shall:
525 (a) submit an application in a form prescribed by the division;
526 (b) pay a fee determined by the department under Section 63J-1-504 ;
527 (c) provide satisfactory evidence of good moral character;
528 (d) submit satisfactory evidence of:
529 (i) current licensure in good standing in a jurisdiction recognized by rule by the
530 division in collaboration with the board;
531 (ii) having successfully passed an examination established by rule by the division in
532 collaboration with the board; and
533 (iii) full-time employment as a principal for at least five of the last seven years

534 immediately preceding the date of the application as a:
535 (A) licensed professional engineer[,] for licensure as a professional engineer;
536 (B) licensed professional structural engineer[,] for licensure as a structural engineer; or
537 (C) licensed professional land surveyor [as a principal for at least five of the last seven
538 years immediately preceding the date of the application] for licensure as a professional land
539 surveyor; and
540 (e) meet with the board or representative of the division upon request for the purpose
541 of evaluating the applicant's qualifications for license.
542 (5) The rules made to implement this section shall be in accordance with Title 63G,
543 Chapter 3, Utah Administrative Rulemaking Act.
544 Section 8. Section 58-31b-302 is amended to read:
545 58-31b-302. Qualifications for licensure or certification -- Criminal background
546 checks.
547 (1) An applicant for certification as a medication aide shall:
548 (a) submit an application to the division on a form prescribed by the division;
549 (b) pay a fee to the division as determined under Section 63J-1-504 ;
550 (c) have a high school diploma or its equivalent;
551 (d) have a current certification as a nurse aide, in good standing, from the Department
552 of Health;
553 (e) have a minimum of 2,000 hours of experience within the two years prior to
554 application, working as a certified nurse aide in a long-term care facility;
555 (f) obtain letters of recommendation from a long-term care facility administrator and
556 one licensed nurse familiar with the applicant's work practices as a certified nurse aide;
557 (g) be in a condition of physical and mental health that will permit the applicant to
558 practice safely as a medication aide certified;
559 (h) have completed an approved education program or an equivalent as determined by
560 the division in collaboration with the board;
561 (i) have passed the examinations as required by division rule made in collaboration

562 with the board; and
563 (j) meet with the board, if requested, to determine the applicant's qualifications for
564 certification.
565 (2) An applicant for licensure as a licensed practical nurse shall:
566 (a) submit to the division an application in a form prescribed by the division;
567 (b) pay to the division a fee determined under Section 63J-1-504 ;
568 (c) have a high school diploma or its equivalent;
569 (d) be in a condition of physical and mental health that will permit the applicant to
570 practice safely as a licensed practical nurse;
571 (e) have completed an approved practical nursing education program or an equivalent
572 as determined by the board;
573 (f) have passed the examinations as required by division rule made in collaboration
574 with the board; and
575 (g) meet with the board, if requested, to determine the applicant's qualifications for
576 licensure.
577 (3) An applicant for licensure as a registered nurse shall:
578 (a) submit to the division an application form prescribed by the division;
579 (b) pay to the division a fee determined under Section 63J-1-504 ;
580 (c) have a high school diploma or its equivalent;
581 (d) be in a condition of physical and mental health that will allow the applicant to
582 practice safely as a registered nurse;
583 (e) have completed an approved registered nursing education program;
584 (f) have passed the examinations as required by division rule made in collaboration
585 with the board; and
586 (g) meet with the board, if requested, to determine the applicant's qualifications for
587 licensure.
588 (4) Applicants for licensure as an advanced practice registered nurse shall:
589 (a) submit to the division an application on a form prescribed by the division;

590 (b) pay to the division a fee determined under Section 63J-1-504 ;
591 (c) be in a condition of physical and mental health which will allow the applicant to
592 practice safely as an advanced practice registered nurse;
593 (d) hold a current registered nurse license in good standing issued by the state or be
594 qualified at the time for licensure as a registered nurse;
595 (e) (i) have earned a graduate degree in:
596 (A) an advanced practice registered nurse nursing education program; or
597 (B) a related area of specialized knowledge as determined appropriate by the division
598 in collaboration with the board; or
599 (ii) have completed a nurse anesthesia program in accordance with Subsection
600 (4)(f)(ii);
601 (f) have completed:
602 (i) course work in patient assessment, diagnosis and treatment, and
603 pharmacotherapeutics from an education program approved by the division in collaboration
604 with the board; or
605 (ii) a nurse anesthesia program which is approved by the Council on Accreditation of
606 Nurse Anesthesia Educational Programs;
607 (g) have successfully completed clinical practice in psychiatric and mental health
608 nursing, including psychotherapy as defined by division rule, after completion of [the] a
609 doctorate or master's degree required for licensure, to practice within the psychiatric and mental
610 health nursing specialty;
611 (h) have passed the examinations as required by division rule made in collaboration
612 with the board;
613 (i) be currently certified by a program approved by the division in collaboration with
614 the board and submit evidence satisfactory to the division of the certification; and
615 (j) meet with the board, if requested, to determine the applicant's qualifications for
616 licensure.
617 (5) For each applicant for licensure or certification under this chapter:

618 (a) the applicant shall:
619 (i) submit fingerprint cards in a form acceptable to the division at the time the
620 application is filed; and
621 (ii) consent to a fingerprint background check by the Utah Bureau of Criminal
622 Identification and the Federal Bureau of Investigation regarding the application; and
623 (b) the division shall request the Department of Public Safety to complete a Federal
624 Bureau of Investigation criminal background check through the national criminal history
625 system (NCIC) or any successor system.
626 (6) For purposes of conducting the criminal background checks required in Subsection
627 (5), the division shall have direct access to criminal background information maintained
628 pursuant to Title 53, Chapter 10, Part 2, Bureau of Criminal Identification.
629 (7) (a) (i) Any new nurse license or certification issued under this section shall be
630 conditional, pending completion of the criminal background check.
631 (ii) If the criminal background check discloses the applicant has failed to accurately
632 disclose a criminal history, the license or certification shall be immediately and automatically
633 revoked.
634 (b) (i) Any person whose conditional license or certification has been revoked under
635 Subsection (7)(a) shall be entitled to a postrevocation hearing to challenge the revocation.
636 (ii) The hearing shall be conducted in accordance with Title 63G, Chapter 4,
637 Administrative Procedures Act.
638 (8) (a) If a person has been charged with a violent felony, as defined in Subsection
639 76-3-203.5 (1)(c), and, as a result, the person has been convicted, entered a plea of guilty or
640 nolo contendere, or entered a plea of guilty or nolo contendere held in abeyance pending the
641 successful completion of probation:
642 (i) the person is disqualified for licensure under this chapter; and
643 (ii) (A) if the person is licensed under this chapter, the division:
644 (I) shall act upon the license as required under Section 58-1-401 ; and
645 (II) may not renew or subsequently issue a license to the person under this chapter; and

646 (B) if the person is not licensed under this chapter, the division may not issue a license
647 to the person under this chapter.
648 (b) If a person has been charged with a felony other than a violent felony, as defined in
649 Subsection 76-3-203.5 (1)(c), and, as a result, the person has been convicted, entered a plea of
650 guilty or nolo contendere, or entered a plea of guilty or nolo contendere held in abeyance
651 pending the successful completion of probation:
652 (i) if the person is licensed under this chapter, the division shall determine whether the
653 felony disqualifies the person for licensure under this chapter and act upon the license, as
654 required, in accordance with Section 58-1-401 ; and
655 (ii) if the person is not licensed under this chapter, the person may not file an
656 application for licensure under this chapter any sooner than five years after having completed
657 the conditions of the sentence or plea agreement.
658 Section 9. Section 58-47b-102 is amended to read:
659 58-47b-102. Definitions.
660 In addition to the definitions in Section 58-1-102 , as used in this chapter:
661 (1) "Board" means the Board of Massage Therapy created in Section 58-47b-201 .
662 (2) "Breast" means the female mammary gland and does not include the muscles,
663 connective tissue, or other soft tissue of the upper chest.
664 (3) "Homeostasis" means maintaining, stabilizing, or returning to equilibrium the
665 muscular system.
666 (4) "Massage apprentice" means an individual licensed under this chapter as a massage
667 apprentice to work under the direct supervision of a licensed massage therapist.
668 (5) "Massage therapist" means an individual licensed under this chapter as a massage
669 therapist.
670 (6) "Practice of massage therapy" means:
671 (a) the examination, assessment, and evaluation of the soft tissue structures of the body
672 for the purpose of devising a treatment plan to promote homeostasis;
673 (b) the systematic manual or mechanical manipulation of the soft tissue of the body for

674 the [therapeutic] purpose of:
675 (i) promoting the health and well-being of a client;
676 (ii) enhancing the circulation of the blood and lymph;
677 (iii) relaxing and lengthening muscles;
678 (iv) relieving pain;
679 (v) restoring metabolic balance; [and]
680 (vi) achieving homeostasis; and
681 (vii) recreational or other purposes;
682 (c) the use of the hands or a mechanical or electrical apparatus in connection with this
683 Subsection (6);
684 (d) the use of rehabilitative procedures involving the soft tissue of the body;
685 (e) range of motion or movements without spinal adjustment as set forth in Section
686 58-73-102 ;
687 (f) oil rubs, heat lamps, salt glows, hot and cold packs, or tub, shower, steam, and
688 cabinet baths;
689 (g) manual traction and stretching exercise;
690 (h) correction of muscular distortion by treatment of the soft tissues of the body;
691 (i) counseling, education, and other advisory services to reduce the incidence and
692 severity of physical disability, movement dysfunction, and pain;
693 (j) similar or related activities and modality techniques; and
694 (k) the practice described in this Subsection (6) on an animal to the extent permitted
695 by:
696 (i) Subsection 58-28-307 (12);
697 (ii) the provisions of this chapter; and
698 (iii) division rule.
699 (7) "Soft tissue" means the muscles and related connective tissue.
700 (8) "Unlawful conduct" is as defined in Sections 58-1-501 and 58-47b-501 .
701 (9) "Unprofessional conduct" is as defined in Sections 58-1-501 and 58-47b-502 and as

702 may be further defined by division rule.
703 Section 10. Section 58-55-302.7 is amended to read:
704 58-55-302.7. Continuing education requirements for electricians, elevator
705 mechanics, and plumbers.
706 (1) As used in this section:
707 (a) "Licensed electrician" means an individual licensed under this chapter as an
708 apprentice electrician, journeyman electrician, master electrician, residential journeyman
709 electrician, or residential master electrician.
710 (b) "Licensed elevator mechanic" means an individual licensed under this chapter as an
711 elevator mechanic.
712 [(b)] (c) "Licensed plumber" means an individual licensed under this chapter as an
713 apprentice plumber, journeyman plumber, master plumber, residential journeyman plumber, or
714 residential master plumber.
715 (2) Beginning December 1, 2010, during each two-year renewal cycle established by
716 rule under Subsection 58-55-303 (1):
717 (a) a licensed electrician shall complete 16 hours of continuing education under the
718 continuing education program established under this section; [and]
719 (b) a licensed plumber shall complete 12 hours of continuing education under the
720 continuing education program established under this section[.]; and
721 (c) a licensed elevator mechanic shall complete eight hours of continuing education
722 under the continuing education program established under this section.
723 (3) The commission shall, with the concurrence of the division, establish by rule:
724 (a) a continuing education program for licensed electricians; [and]
725 (b) a continuing education program for licensed elevator mechanics; and
726 [(b)] (c) a continuing education program for licensed plumbers.
727 (4) The division may contract with a person to establish and maintain a continuing
728 education registry to include:
729 (a) an online application for a continuing education course provider to apply to the

730 division for approval of the course for inclusion in the continuing education program;
731 (b) a list of courses that the division has approved for inclusion in the continuing
732 education program; and
733 (c) a list of courses that:
734 (i) a licensed electrician, licensed elevator mechanic, or licensed plumber has
735 completed under the continuing education program; and
736 (ii) the licensed electrician, licensed elevator mechanic, or licensed plumber may
737 access to monitor compliance with the continuing education requirement under Subsection (2).
738 (5) The division may charge a fee, established by the division under Section 63J-1-504 ,
739 to administer the requirements of this section.
740 Section 11. Section 58-55-303 is amended to read:
741 58-55-303. Term of license -- Expiration -- Renewal.
742 (1) (a) Each license issued under this chapter shall be issued in accordance with a
743 two-year renewal cycle established by rule.
744 (b) The division may by rule extend or shorten a renewal period by as much as one year
745 to stagger the renewal cycle it administers.
746 (2) At the time of renewal, the licensee shall show satisfactory evidence of:
747 (a) continuing financial responsibility as required under Section 58-55-306 ;
748 (b) for a contractor licensee, completion of six hours of approved continuing education,
749 as required in Section 58-55-302.5 ; and
750 (c) if the licensee is an apprentice electrician or plumber, journeyman electrician or
751 plumber, master electrician or plumber, residential journeyman electrician or plumber, or
752 residential master electrician or plumber, completion of the number of hours of continuing
753 education specified under Section 58-55-302.7 .
754 (3) Each license automatically expires on the expiration date shown on the license
755 unless the licensee renews the license in accordance with Section 58-1-308 .
756 (4) The requirements of Subsection 58-55-302 (9) shall also apply to applicants seeking
757 to renew or reinstate a license.

758 (5) In addition to any other requirements imposed by law, if a license has been
759 suspended or revoked for any reason, the applicant:
760 (a) shall pay in full all fines imposed by the division;
761 (b) resolve any outstanding citations or disciplinary actions with the division;
762 (c) satisfy any Section 58-55-503 judgment and sentence or nontrial resolution;
763 (d) complete a new financial responsibility review as required under Section
764 58-55-306 , using only titled assets; and
765 (e) pay in full any reimbursement amount as provided in Title 38, Chapter 11,
766 Residence Lien Restriction and Lien Recovery Fund Act.
767 [(6) At the time of license renewal, each elevator contract licensee and elevator
768 mechanic licensee shall show satisfactory evidence of having completed eight hours of
769 approved professional education during the last year of a two-year period in accordance with
770 standards defined by rule by the division in accordance with Title 63G, Chapter 3, Utah
771 Administrative Rulemaking Act.]
772 Section 12. Section 58-78-302 is amended to read:
773 58-78-302. Qualifications for licensure -- Licensure by credential.
774 (1) Except as provided in Subsection [(4)] (2), an applicant for licensure as a
775 vocational rehabilitation counselor under this chapter shall:
776 (a) submit an application in a form as prescribed by the division;
777 (b) pay a fee determined by the department under Section 63J-1-504 to recover the
778 costs of administering licensing requirements relating to vocational rehabilitation counselors;
779 (c) be of good moral character;
780 (d) provide satisfactory evidence of having earned a master's degree in rehabilitation
781 counseling or a related field;
782 (e) provide satisfactory evidence of having 4,000 hours of disability related work
783 experience under the supervision of a licensed vocational rehabilitation counselor, except as
784 otherwise provided in Subsection (2); and
785 (f) [after January 1, 2011,] meet the examination requirement established by rule by the

786 division in collaboration with the board.
787 [(2) Beginning January 1, 2010, and ending December 31, 2010, an applicant is not
788 required to verify that the 4,000 hours of work experience required under Subsection (1)(e) was
789 done under the supervision of a vocational rehabilitation counselor licensed under this chapter.]
790 [(3) An applicant may satisfy the requirement of Subsection (1)(d) if, prior to January
791 1, 2011, the applicant provides satisfactory evidence of:]
792 [(a) having earned a bachelor's degree from an accredited institution;]
793 [(b) at least 10 years experience in vocational rehabilitation counseling or a disability
794 related field;]
795 [(c) currently practicing vocational rehabilitation counseling in Utah; and]
796 [(d) holding a national certification as a:]
797 [(i) Certified Rehabilitation Counselor;]
798 [(ii) Certified Vocational Evaluator; or]
799 [(iii) Certified Disability Management Specialist.]
800 [(4)] (2) The division may issue a license under this chapter to an individual who is
801 licensed in another state or jurisdiction to practice vocational rehabilitation counseling if the
802 division finds that the other state or jurisdiction has substantially the same or higher licensure
803 requirements as this state.
804 Section 13. Section 58-78-303 is amended to read:
805 58-78-303. Term of license -- Expiration -- Renewal.
806 (1) The division shall issue each license under this chapter in accordance with [an
807 annual] a two-year renewal cycle established by rule.
808 (2) Each license automatically expires on the expiration date shown on the license
809 unless renewed by the licensee in accordance with Section 58-1-308 .
810 (3) Each person holding a license under this chapter as a vocational rehabilitation
811 counselor shall complete in each period of licensure a program of qualifying continuing
812 professional education in accordance with standards defined by rule.
813 Section 14. Section 58-83-401 is amended to read:

814 58-83-401. Grounds for denial of license -- Disciplinary proceedings --
815 Termination of authority to prescribe -- Immediate and significant danger.
816 (1) Grounds for refusing to issue a license to an applicant, for refusing to renew the
817 license of a licensee, for revoking, suspending, restricting, or placing on probation the license
818 of a licensee, for issuing a public [or private] reprimand to a licensee, and for issuing a cease
819 and desist order:
820 (a) shall be in accordance with Section 58-1-401 ; and
821 (b) includes:
822 (i) prescribing, dispensing, or facilitating the prescribing or dispensing of a drug not
823 approved by the board under Section 58-83-306 ; or
824 (ii) any other violation of this chapter.
825 (2) The termination or expiration of a license under this chapter for any reason does not
826 limit the division's authority to start or continue any investigation or adjudicative proceeding.
827 (3) (a) Because of the working business relationship between and among the online
828 prescriber, the Internet facilitator, and the online contract pharmacy, each entity's ability to
829 comply with this chapter may depend in some respects on the actions of the others.
830 (b) It is possible that a particular action or inaction by the online prescriber, the Internet
831 facilitator, or the online contract pharmacy could have the effect of causing the other licensed
832 entities to be out of compliance with this chapter, and each entity may, therefore, be held
833 accountable for any related party's non-compliance, if the party knew or reasonably should
834 have known of the other person's non-compliance.
835 (4) (a) An online prescriber may lose the practitioner's professional license to prescribe
836 any drug under this title if the online prescriber knew or reasonably should have known that the
837 provisions of this chapter were violated by the online prescriber, the Internet facilitator, or the
838 online contract pharmacy.
839 (b) It is not a defense to an alleged violation under this chapter that the alleged
840 violation was a result of an action or inaction not by the charged party but by the related online
841 prescriber, the online contract pharmacy, or the Internet facilitator.

842 (5) The following actions may result in an immediate suspension of the online
843 prescriber's license, the online contract pharmacy's license, or the Internet facilitator's license,
844 and each is considered an immediate and significant danger to the public health, safety, or
845 welfare requiring immediate action by the division pursuant to Section 63G-4-502 to terminate
846 the delivery of online pharmaceutical services by the licensee:
847 (a) online prescribing, dispensing, or facilitation with respect to:
848 (i) a person under the age of 18 years;
849 (ii) a legend drug not authorized by the division in accordance with Section 58-83-306 ;
850 and
851 (iii) any controlled substance;
852 (b) violating this chapter after having been given reasonable opportunity to cure the
853 violation;
854 (c) using the name or official seal of the state, the Utah Department of Commerce, or
855 the Utah Division of Occupational and Professional Licensing, or their boards, in an
856 unauthorized manner; or
857 (d) failing to respond to a request from the division within the time frame requested
858 for:
859 (i) an audit of the website; or
860 (ii) records of the online prescriber, the Internet facilitator, or the online contract
861 pharmacy.
862 Section 15. Section 63G-4-102 is amended to read:
863 63G-4-102. Scope and applicability of chapter.
864 (1) Except as set forth in Subsection (2), and except as otherwise provided by a statute
865 superseding provisions of this chapter by explicit reference to this chapter, the provisions of
866 this chapter apply to every agency of the state and govern:
867 (a) state agency action that determines the legal rights, duties, privileges, immunities,
868 or other legal interests of an identifiable person, including agency action to grant, deny, revoke,
869 suspend, modify, annul, withdraw, or amend an authority, right, or license; and

870 (b) judicial review of the action.
871 (2) This chapter does not govern:
872 (a) the procedure for making agency rules, or judicial review of the procedure or rules;
873 (b) the issuance of a notice of a deficiency in the payment of a tax, the decision to
874 waive a penalty or interest on taxes, the imposition of and penalty or interest on taxes, or the
875 issuance of a tax assessment, except that this chapter governs an agency action commenced by
876 a taxpayer or by another person authorized by law to contest the validity or correctness of the
877 action;
878 (c) state agency action relating to extradition, to the granting of a pardon or parole, a
879 commutation or termination of a sentence, or to the rescission, termination, or revocation of
880 parole or probation, to the discipline of, resolution of a grievance of, supervision of,
881 confinement of, or the treatment of an inmate or resident of a correctional facility, the Utah
882 State Hospital, the Utah State Developmental Center, or a person in the custody or jurisdiction
883 of the Division of Substance Abuse and Mental Health, or a person on probation or parole, or
884 judicial review of the action;
885 (d) state agency action to evaluate, discipline, employ, transfer, reassign, or promote a
886 student or teacher in a school or educational institution, or judicial review of the action;
887 (e) an application for employment and internal personnel action within an agency
888 concerning its own employees, or judicial review of the action;
889 (f) the issuance of a citation or assessment under Title 34A, Chapter 6, Utah
890 Occupational Safety and Health Act, and Title 58, [Chapter 3a, Architects Licensing Act,
891 Chapter 11a, Cosmetologist/Barber, Esthetician, Electrologist, and Nail Technician Licensing
892 Act, Chapter 17b, Pharmacy Practice Act, Chapter 22, Professional Engineers and Professional
893 Land Surveyors Licensing Act, Chapter 53, Landscape Architects Licensing Act, Chapter 55,
894 Utah Construction Trades Licensing Act, Chapter 63, Security Personnel Licensing Act, and
895 Chapter 76, Professional Geologist Licensing Act] Occupations and Professions, except that
896 this chapter governs an agency action commenced by the employer, licensee, or other person
897 authorized by law to contest the validity or correctness of the citation or assessment;

898 (g) state agency action relating to management of state funds, the management and
899 disposal of school and institutional trust land assets, and contracts for the purchase or sale of
900 products, real property, supplies, goods, or services by or for the state, or by or for an agency of
901 the state, except as provided in those contracts, or judicial review of the action;
902 (h) state agency action under Title 7, Chapter 1, Article 3, Powers and Duties of
903 Commissioner of Financial Institutions, Title 7, Chapter 2, Possession of Depository Institution
904 by Commissioner, Title 7, Chapter 19, Acquisition of Failing Depository Institutions or
905 Holding Companies, and Title 63G, Chapter 7, Governmental Immunity Act of Utah, or
906 judicial review of the action;
907 (i) the initial determination of a person's eligibility for unemployment benefits, the
908 initial determination of a person's eligibility for benefits under Title 34A, Chapter 2, Workers'
909 Compensation Act, and Title 34A, Chapter 3, Utah Occupational Disease Act, or the initial
910 determination of a person's unemployment tax liability;
911 (j) state agency action relating to the distribution or award of a monetary grant to or
912 between governmental units, or for research, development, or the arts, or judicial review of the
913 action;
914 (k) the issuance of a notice of violation or order under Title 26, Chapter 8a, Utah
915 Emergency Medical Services System Act, Title 19, Chapter 2, Air Conservation Act, Title 19,
916 Chapter 3, Radiation Control Act, Title 19, Chapter 4, Safe Drinking Water Act, Title 19,
917 Chapter 5, Water Quality Act, Title 19, Chapter 6, Part 1, Solid and Hazardous Waste Act,
918 Title 19, Chapter 6, Part 4, Underground Storage Tank Act, or Title 19, Chapter 6, Part 7, Used
919 Oil Management Act, or Title 19, Chapter 6, Part 10, Mercury Switch Removal Act, except
920 that this chapter governs an agency action commenced by a person authorized by law to contest
921 the validity or correctness of the notice or order;
922 (l) state agency action, to the extent required by federal statute or regulation, to be
923 conducted according to federal procedures;
924 (m) the initial determination of a person's eligibility for government or public
925 assistance benefits;

926 (n) state agency action relating to wildlife licenses, permits, tags, and certificates of
927 registration;
928 (o) a license for use of state recreational facilities;
929 (p) state agency action under Title 63G, Chapter 2, Government Records Access and
930 Management Act, except as provided in Section 63G-2-603 ;
931 (q) state agency action relating to the collection of water commissioner fees and
932 delinquency penalties, or judicial review of the action;
933 (r) state agency action relating to the installation, maintenance, and repair of headgates,
934 caps, values, or other water controlling works and weirs, flumes, meters, or other water
935 measuring devices, or judicial review of the action;
936 (s) the issuance and enforcement of an initial order under Section 73-2-25 ;
937 (t) (i) a hearing conducted by the Division of Securities under Section 61-1-11.1 ; and
938 (ii) an action taken by the Division of Securities pursuant to a hearing conducted under
939 Section 61-1-11.1 , including a determination regarding the fairness of an issuance or exchange
940 of securities described in Subsection 61-1-11.1 (1); and
941 (u) state agency action relating to water well driller licenses, water well drilling
942 permits, water well driller registration, or water well drilling construction standards, or judicial
943 review of the action.
944 (3) This chapter does not affect a legal remedy otherwise available to:
945 (a) compel an agency to take action; or
946 (b) challenge an agency's rule.
947 (4) This chapter does not preclude an agency, prior to the beginning of an adjudicative
948 proceeding, or the presiding officer during an adjudicative proceeding from:
949 (a) requesting or ordering a conference with parties and interested persons to:
950 (i) encourage settlement;
951 (ii) clarify the issues;
952 (iii) simplify the evidence;
953 (iv) facilitate discovery; or

954 (v) expedite the proceeding; or
955 (b) granting a timely motion to dismiss or for summary judgment if the requirements of
956 Rule 12(b) or Rule 56 of the Utah Rules of Civil Procedure are met by the moving party,
957 except to the extent that the requirements of those rules are modified by this chapter.
958 (5) (a) A declaratory proceeding authorized by Section 63G-4-503 is not governed by
959 this chapter, except as explicitly provided in that section.
960 (b) Judicial review of a declaratory proceeding authorized by Section 63G-4-503 is
961 governed by this chapter.
962 (6) This chapter does not preclude an agency from enacting a rule affecting or
963 governing an adjudicative proceeding or from following the rule, if the rule is enacted
964 according to the procedures outlined in Title 63G, Chapter 3, Utah Administrative Rulemaking
965 Act, and if the rule conforms to the requirements of this chapter.
966 (7) (a) If the attorney general issues a written determination that a provision of this
967 chapter would result in the denial of funds or services to an agency of the state from the federal
968 government, the applicability of the provision to that agency shall be suspended to the extent
969 necessary to prevent the denial.
970 (b) The attorney general shall report the suspension to the Legislature at its next
971 session.
972 (8) Nothing in this chapter may be interpreted to provide an independent basis for
973 jurisdiction to review final agency action.
974 (9) Nothing in this chapter may be interpreted to restrict a presiding officer, for good
975 cause shown, from lengthening or shortening a time period prescribed in this chapter, except
976 the time period established for judicial review.
977 Section 16. Section 78B-6-205 is amended to read:
978 78B-6-205. Judicial Council rules for ADR procedures.
979 (1) To promote the use of ADR procedures, the Judicial Council may by rule establish
980 experimental and permanent ADR programs administered by the Administrative Office of the
981 Courts under the supervision of the director of Dispute Resolution Programs.

982 (2) The rules of the Judicial Council shall be based upon the purposes and provisions
983 of this part. Any procedural and evidentiary rules adopted by the Supreme Court may not
984 impinge on the constitutional rights of any parties.
985 (3) The rules of the Judicial Council shall include provisions:
986 (a) to orient parties and their counsel to the ADR program, ADR procedures, and the
987 rules of the Judicial Council;
988 (b) to identify types of civil actions that qualify for ADR procedures;
989 (c) to refer to ADR procedures all or particular issues within a civil action;
990 (d) to protect persons not parties to the civil action whose rights may be affected in the
991 resolution of the dispute;
992 (e) to ensure that no party or its attorney is prejudiced for electing, in good faith, not to
993 participate in an optional ADR procedure;
994 (f) to exempt any case from the ADR program in which the objectives of ADR would
995 not be realized;
996 (g) to create timetables to ensure that the ADR procedure is instituted and completed
997 without undue delay or expense;
998 (h) to establish the qualifications of ADR providers for each form of ADR procedure
999 including that[: (i) an ADR provider may, but need not be, a certified ADR provider pursuant
1000 to Title 58, Chapter 39a, Alternative Dispute Resolution Providers Certification Act; and (ii)]
1001 formal education in any particular field may not, by itself, be either a prerequisite or sufficient
1002 qualification to serve as an ADR provider under the program authorized by this part;
1003 (i) to govern the conduct of each type of ADR procedure, including the site at which
1004 the procedure is conducted;
1005 (j) to establish the means for the selection of an ADR provider for each form of ADR
1006 procedure;
1007 (k) to determine the powers, duties, and responsibilities of the ADR provider for each
1008 form of ADR procedure;
1009 (l) to establish a code of ethics applicable to ADR providers with means for its

1010 enforcement;
1011 (m) to protect and preserve the privacy and confidentiality of ADR procedures;
1012 (n) to protect and preserve the privacy rights of the persons attending the ADR
1013 procedures;
1014 (o) to permit waiver of all or part of fees assessed for referral of a case to the ADR
1015 program on a showing of impecuniosity or other compelling reason;
1016 (p) to authorize imposition of sanctions for failure of counsel or parties to participate in
1017 good faith in the ADR procedure assigned;
1018 (q) to assess the fees to cover the cost of compensation for the services of the ADR
1019 provider and reimbursement for the provider's allowable, out-of-pocket expenses and
1020 disbursements; and
1021 (r) to allow vacation of an award by a court as provided in Section 78B-11-124 .
1022 (4) The Judicial Council may, from time to time, limit the application of its ADR rules
1023 to particular judicial districts.
1024 Section 17. Repealer.
1025 This bill repeals:
1026 Section 58-39a-1, Short title.
1027 Section 58-39a-2, Definitions.
1028 Section 58-39a-3, Board -- Composition -- Duties.
1029 Section 58-39a-4, Certification and recognition of certification by other states.
1030 Section 58-39a-5, Qualifications for certification.
1031 Section 58-39a-5.5, Term of certificate -- Expiration -- Renewal.
1032 Section 58-39a-6, Grounds for denial of certificate -- Disciplinary proceedings.