1     
DECEPTION DETECTION EXAMINERS LICENSING

2     
AMENDMENTS

3     
2016 GENERAL SESSION

4     
STATE OF UTAH

5     
Chief Sponsor: Francis D. Gibson

6     
Senate Sponsor: Deidre M. Henderson

7     

8     LONG TITLE
9     General Description:
10          This bill amends provisions of the Deception Detection Examiners Licensing Act and
11     related provisions.
12     Highlighted Provisions:
13          This bill:
14          ▸     creates a new license within the Division of Occupational and Professional
15     Licensing for a deception detection examination administrator;
16          ▸     defines deception detection examination administrator and the qualifications for
17     receiving a license as a deception detection examination administrator;
18          ▸     provides certain exemptions for a law enforcement officer who is using a software
19     application designed for detecting deception; and
20          ▸     makes technical changes.
21     Money Appropriated in this Bill:
22          None
23     Other Special Clauses:
24          None
25     Utah Code Sections Affected:
26     AMENDS:
27          58-1-307, as last amended by Laws of Utah 2012, Chapter 150
28          58-64-102, as last amended by Laws of Utah 2008, Chapter 211
29          58-64-301, as enacted by Laws of Utah 1995, Chapter 215

30          58-64-302, as last amended by Laws of Utah 2009, Chapter 183
31          58-64-303, as enacted by Laws of Utah 1995, Chapter 215
32          58-64-601, as enacted by Laws of Utah 1995, Chapter 215
33          58-64-701, as enacted by Laws of Utah 1995, Chapter 215
34     

35     Be it enacted by the Legislature of the state of Utah:
36          Section 1. Section 58-1-307 is amended to read:
37          58-1-307. Exemptions from licensure.
38          (1) Except as otherwise provided by statute or rule, the following individuals may
39     engage in the practice of their occupation or profession, subject to the stated circumstances and
40     limitations, without being licensed under this title:
41          (a) an individual serving in the armed forces of the United States, the United States
42     Public Health Service, the United States Department of Veterans Affairs, or other federal
43     agencies while engaged in activities regulated under this chapter as a part of employment with
44     that federal agency if the individual holds a valid license to practice a regulated occupation or
45     profession issued by any other state or jurisdiction recognized by the division;
46          (b) a student engaged in activities constituting the practice of a regulated occupation or
47     profession while in training in a recognized school approved by the division to the extent the
48     activities are supervised by qualified faculty, staff, or designee and the activities are a defined
49     part of the training program;
50          (c) an individual engaged in an internship, residency, preceptorship, postceptorship,
51     fellowship, apprenticeship, or on-the-job training program approved by the division while
52     under the supervision of qualified individuals;
53          (d) an individual residing in another state and licensed to practice a regulated
54     occupation or profession in that state, who is called in for a consultation by an individual
55     licensed in this state, and the services provided are limited to that consultation;
56          (e) an individual who is invited by a recognized school, association, society, or other
57     body approved by the division to conduct a lecture, clinic, or demonstration of the practice of a

58     regulated occupation or profession if the individual does not establish a place of business or
59     regularly engage in the practice of the regulated occupation or profession in this state;
60          (f) an individual licensed under the laws of this state, other than under this title, to
61     practice or engage in an occupation or profession, while engaged in the lawful, professional,
62     and competent practice of that occupation or profession;
63          (g) an individual licensed in a health care profession in another state who performs that
64     profession while attending to the immediate needs of a patient for a reasonable period during
65     which the patient is being transported from outside of this state, into this state, or through this
66     state;
67          (h) an individual licensed in another state or country who is in this state temporarily to
68     attend to the needs of an athletic team or group, except that the practitioner may only attend to
69     the needs of the athletic team or group, including all individuals who travel with the team or
70     group in any capacity except as a spectator;
71          (i) an individual licensed and in good standing in another state, who is in this state:
72          (i) temporarily, under the invitation and control of a sponsoring entity;
73          (ii) for a reason associated with a special purpose event, based upon needs that may
74     exceed the ability of this state to address through its licensees, as determined by the division;
75     and
76          (iii) for a limited period of time not to exceed the duration of that event, together with
77     any necessary preparatory and conclusionary periods;
78          (j) a law enforcement officer, as defined under Section 53-13-103, who:
79          (i) is operating a voice stress analyzer or software application designed for detecting
80     deception in the course of the officer's [full-time] full or part-time employment with a federal,
81     state, or local law enforcement agency;
82          (ii) has completed the manufacturer's training course and is certified by the
83     manufacturer to operate [that] the voice stress analyzer or software application designed for
84     detecting deception; and
85          (iii) is operating the voice stress analyzer or software application designed for detecting

86     deception in accordance with Section 58-64-601, regarding deception detection instruments;
87     and
88          (k) the spouse of an individual serving in the armed forces of the United States while
89     the individual is stationed within this state, provided:
90          (i) the spouse holds a valid license to practice a regulated occupation or profession
91     issued by any other state or jurisdiction recognized by the division; and
92          (ii) the license is current and the spouse is in good standing in the state of licensure.
93          (2) (a) A practitioner temporarily in this state who is exempted from licensure under
94     Subsection (1) shall comply with each requirement of the licensing jurisdiction from which the
95     practitioner derives authority to practice.
96          (b) Violation of a limitation imposed by this section constitutes grounds for removal of
97     exempt status, denial of license, or other disciplinary proceedings.
98          (3) An individual who is licensed under a specific chapter of this title to practice or
99     engage in an occupation or profession may engage in the lawful, professional, and competent
100     practice of that occupation or profession without additional licensure under other chapters of
101     this title, except as otherwise provided by this title.
102          (4) Upon the declaration of a national, state, or local emergency, a public health
103     emergency as defined in Section 26-23b-102, or a declaration by the President of the United
104     States or other federal official requesting public health-related activities, the division in
105     collaboration with the board may:
106          (a) suspend the requirements for permanent or temporary licensure of individuals who
107     are licensed in another state for the duration of the emergency while engaged in the scope of
108     practice for which they are licensed in the other state;
109          (b) modify, under the circumstances described in this Subsection (4) and Subsection
110     (5), the scope of practice restrictions under this title for individuals who are licensed under this
111     title as:
112          (i) a physician under Chapter 67, Utah Medical Practice Act, or Chapter 68, Utah
113     Osteopathic Medical Practice Act;

114          (ii) a nurse under Chapter 31b, Nurse Practice Act, or Chapter 31c, Nurse Licensure
115     Compact;
116          (iii) a certified nurse midwife under Chapter 44a, Nurse Midwife Practice Act;
117          (iv) a pharmacist, pharmacy technician, or pharmacy intern under Chapter 17b,
118     Pharmacy Practice Act;
119          (v) a respiratory therapist under Chapter 57, Respiratory Care Practices Act;
120          (vi) a dentist and dental hygienist under Chapter 69, Dentist and Dental Hygienist
121     Practice Act; and
122          (vii) a physician assistant under Chapter 70a, Physician Assistant Act;
123          (c) suspend the requirements for licensure under this title and modify the scope of
124     practice in the circumstances described in this Subsection (4) and Subsection (5) for medical
125     services personnel or paramedics required to be certified under Section 26-8a-302;
126          (d) suspend requirements in Subsections 58-17b-620(3) through (6) which require
127     certain prescriptive procedures;
128          (e) exempt or modify the requirement for licensure of an individual who is activated as
129     a member of a medical reserve corps during a time of emergency as provided in Section
130     26A-1-126; and
131          (f) exempt or modify the requirement for licensure of an individual who is registered as
132     a volunteer health practitioner as provided in Title 26, Chapter 49, Uniform Emergency
133     Volunteer Health Practitioners Act.
134          (5) Individuals exempt under Subsection (4)(c) and individuals operating under
135     modified scope of practice provisions under Subsection (4)(b):
136          (a) are exempt from licensure or subject to modified scope of practice for the duration
137     of the emergency;
138          (b) must be engaged in the distribution of medicines or medical devices in response to
139     the emergency or declaration; and
140          (c) must be employed by or volunteering for:
141          (i) a local or state department of health; or

142          (ii) a host entity as defined in Section 26-49-102.
143          (6) In accordance with the protocols established under Subsection (8), upon the
144     declaration of a national, state, or local emergency, the Department of Health or a local health
145     department shall coordinate with public safety authorities as defined in Subsection
146     26-23b-110(1) and may:
147          (a) use a vaccine, antiviral, antibiotic, or other prescription medication that is not a
148     controlled substance to prevent or treat a disease or condition that gave rise to, or was a
149     consequence of, the emergency; or
150          (b) distribute a vaccine, antiviral, antibiotic, or other prescription medication that is not
151     a controlled substance:
152          (i) if necessary, to replenish a commercial pharmacy in the event that the commercial
153     pharmacy's normal source of the vaccine, antiviral, antibiotic, or other prescription medication
154     is exhausted; or
155          (ii) for dispensing or direct administration to treat the disease or condition that gave
156     rise to, or was a consequence of, the emergency by:
157          (A) a pharmacy;
158          (B) a prescribing practitioner;
159          (C) a licensed health care facility;
160          (D) a federally qualified community health clinic; or
161          (E) a governmental entity for use by a community more than 50 miles from a person
162     described in Subsections (6)(b)(ii)(A) through (D).
163          (7) In accordance with protocols established under Subsection (8), upon the declaration
164     of a national, state, or local emergency, the Department of Health shall coordinate the
165     distribution of medications:
166          (a) received from the strategic national stockpile to local health departments; and
167          (b) from local health departments to emergency personnel within the local health
168     departments' geographic region.
169          (8) The Department of Health shall establish by rule, made in accordance with Title

170     63G, Chapter 3, Utah Administrative Rulemaking Act, protocols for administering, dispensing,
171     and distributing a vaccine, an antiviral, an antibiotic, or other prescription medication that is
172     not a controlled substance in the event of a declaration of a national, state, or local emergency.
173     The protocol shall establish procedures for the Department of Health or a local health
174     department to:
175          (a) coordinate the distribution of:
176          (i) a vaccine, an antiviral, an antibiotic, or other prescription medication that is not a
177     controlled substance received by the Department of Health from the strategic national stockpile
178     to local health departments; and
179          (ii) a vaccine, an antiviral, an antibiotic, or other non-controlled prescription
180     medication received by a local health department to emergency personnel within the local
181     health department's geographic region;
182          (b) authorize the dispensing, administration, or distribution of a vaccine, an antiviral,
183     an antibiotic, or other prescription medication that is not a controlled substance to the contact
184     of a patient, as defined in Section 26-6-2, without a patient-practitioner relationship, if the
185     contact's condition is the same as that of the physician's patient; and
186          (c) authorize the administration, distribution, or dispensing of a vaccine, an antiviral,
187     an antibiotic, or other non-controlled prescription medication to an individual who:
188          (i) is working in a triage situation;
189          (ii) is receiving preventative or medical treatment in a triage situation;
190          (iii) does not have coverage for the prescription in the individual's health insurance
191     plan;
192          (iv) is involved in the delivery of medical or other emergency services in response to
193     the declared national, state, or local emergency; or
194          (v) otherwise has a direct impact on public health.
195          (9) The Department of Health shall give notice to the division upon implementation of
196     the protocol established under Subsection (8).
197          Section 2. Section 58-64-102 is amended to read:

198          58-64-102. Definitions.
199          In addition to the definitions in Section 58-1-102, as used in this chapter:
200          (1) "Board" means the Deception Detection Examiners Board created in Section
201     58-64-201.
202          (2) "Deception detection examination" means the use of an instrument, or software
203     application designed for detecting deception, on an individual for the purpose of detecting
204     whether that individual is engaged in deception.
205          (3) "Deception detection examination administrator" means an individual who engages
206     in or represents that the individual is engaged in:
207          (a) conducting or administering a deception detection examination using a software
208     application designed for detecting deception without intervention from the examination
209     administrator; or
210          (b) the interpretation of deception detection examination results derived from a
211     software application designed for detecting deception.
212          [(3)] (4) "Deception detection examiner" means an individual who engages in or
213     represents that the individual is engaged in conducting or performing deception detection
214     examinations or in the interpretation of deception detection examinations.
215          [(4)] (5) "Deception detection intern" means an individual who engages in deception
216     detection examinations under the supervision and control of a deception detection examiner for
217     the purpose of training and qualification as a deception detection examiner.
218          [(5)] (6) "Instrument" means a polygraph, voice stress analyzer, ocular-motor test, or
219     any other device or software application that records the examinee's cardiovascular patterns,
220     respiratory patterns, galvanic skin response, cognitive response, eye behavior, memory recall,
221     or other physiologic characteristics of the examinee for the purpose of monitoring factors
222     relating to whether the examinee is truthful or engaged in deception.
223          [(6)] (7) "Unlawful conduct" [is as] means the same as that term is defined in Sections
224     58-1-501 and 58-64-501.
225          [(7)] (8) "Unprofessional conduct" [is as] means the same as that term is defined in

226     Sections 58-1-501 and 58-64-502 and as may be further defined by rule.
227          Section 3. Section 58-64-301 is amended to read:
228          58-64-301. Licensure required -- License classifications.
229          (1) A license is required to engage in the practice of deception detection, except as
230     specifically provided in Section 58-64-304 or 58-1-307.
231          (2) The division shall issue to an individual who qualifies under this chapter a license
232     in the classifications of:
233          (a) deception detection examiner; [or]
234          (b) deception detection intern[.]; or
235          (c) deception detection examination administrator.
236          Section 4. Section 58-64-302 is amended to read:
237          58-64-302. Qualifications for licensure.
238          (1) Each applicant for licensure as a deception detection examiner [shall]:
239          (a) shall submit an application in a form prescribed by the division;
240          (b) shall pay a fee determined by the department under Section 63J-1-504;
241          (c) shall be of good moral character in that the applicant has not been convicted of a
242     felony, a misdemeanor involving moral turpitude, or any other crime which when considered
243     with the duties and responsibilities of a deception detection examiner is considered by the
244     division and the board to indicate that the best interests of the public will not be served by
245     granting the applicant a license;
246          (d) may not have been declared by any court of competent jurisdiction incompetent by
247     reason of mental defect or disease and not been restored;
248          (e) may not be currently suffering from habitual drunkenness or from drug addiction or
249     dependence;
250          (f) shall have completed one of the following:
251          (i) have earned a bachelor's degree from a four year university or college meeting
252     standards established by the division by rule in collaboration with the board;
253          (ii) have completed not less than 8,000 hours of investigation experience approved by

254     the division in collaboration with the board; or
255          (iii) have completed a combination of university or college education and investigation
256     experience, as defined by rule by the division in collaboration with the board as being
257     equivalent to the requirements under Subsection (1)(f)(i) or (1)(f)(ii);
258          (g) shall have successfully completed a training program in detection deception
259     meeting criteria established by rule by the division in collaboration with the board; and
260          (h) shall have performed satisfactorily as a licensed deception detection intern for a
261     period of not less than one year and shall have satisfactorily conducted not less than 100
262     deception detection examinations under the supervision of a licensed deception detection
263     examiner.
264          (2) Each applicant for licensure as a deception detection intern [shall]:
265          (a) shall submit an application in a form prescribed by the division;
266          (b) shall pay a fee determined by the department under Section 63J-1-504;
267          (c) shall be of good moral character in that the applicant has not been convicted of a
268     felony, a misdemeanor involving moral turpitude, or any other crime which when considered
269     with the duties and responsibilities of a deception detection intern is considered by the division
270     and the board to indicate that the best interests of the public will not be served by granting the
271     applicant a license;
272          (d) may not have been declared by any court of competent jurisdiction incompetent by
273     reason of mental defect or disease and not been restored;
274          (e) may not be currently suffering from habitual drunkenness or from drug addiction or
275     dependence;
276          (f) shall have completed one of the following:
277          (i) have earned a bachelor's degree from a four year university or college meeting
278     standards established by the division by rule in collaboration with the board;
279          (ii) have completed not less than 8,000 hours of investigation experience approved by
280     the division in collaboration with the board; or
281          (iii) have completed a combination of university or college education and investigation

282     experience, as defined by rule by the division in collaboration with the board as being
283     equivalent to the requirements under Subsection (2)(f)(i) or (2)(f)(ii);
284          (g) shall have successfully completed a training program in detection deception
285     meeting criteria established by rule by the division in collaboration with the board; and
286          (h) shall provide the division with an intern supervision agreement in a form prescribed
287     by the division under which:
288          (i) a licensed deception detection examiner agrees to supervise the intern; and
289          (ii) the applicant agrees to be supervised by that licensed deception detection examiner.
290          (3) Each applicant for licensure as a deception detection examination administrator:
291          (a) shall submit an application in a form prescribed by the division;
292          (b) shall pay a fee determined by the department under Section 63J-1-504;
293          (c) shall be of good moral character in that the applicant has not been convicted of a
294     felony, a misdemeanor involving moral turpitude, or any other crime that when considered with
295     the duties and responsibilities of a deception detection examination administrator is considered
296     by the division and the board to indicate that the best interests of the public will not be served
297     by granting the applicant a license;
298          (d) may not have been declared by a court of competent jurisdiction incompetent by
299     reason of mental defect or disease and not been restored;
300          (e) may not be currently suffering from habitual drunkenness or from drug addiction or
301     dependence;
302          (f) shall have earned an associate degree from a state-accredited university or college or
303     have an equivalent number of years' work experience; and
304          (g) shall have successfully completed a training program and have obtained
305     certification in deception detection examination administration provided by the manufacturer
306     of a scientific or technology-based software application solution that is approved by the
307     director.
308          [(3)] (4) To determine if an applicant meets the qualifications of Subsection (1)(c) [or],
309     (2)(c), or (3)(c) the division shall provide an appropriate number of copies of fingerprint cards

310     to the Department of Public Safety with the division's request to:
311          (a) conduct a search of records of the Department of Public Safety for criminal history
312     information relating to each applicant for licensure under this chapter; and
313          (b) forward to the Federal Bureau of Investigation a fingerprint card of each applicant
314     requiring a check of records of the F.B.I. for criminal history information under this section.
315          [(4)] (5) The Department of Public Safety shall send to the division:
316          (a) a written record of criminal history, or certification of no criminal history record, as
317     contained in the records of the Department of Public Safety in a timely manner after receipt of
318     a fingerprint card from the division and a request for review of Department of Public Safety
319     records; and
320          (b) the results of the F.B.I. review concerning an applicant in a timely manner after
321     receipt of information from the F.B.I.
322          [(5)] (6) (a) The division shall charge each applicant a fee, in accordance with Section
323     63J-1-504, equal to the cost of performing the records reviews under this section.
324          (b) The division shall pay the Department of Public Safety the costs of all records
325     reviews, and the Department of Public Safety shall pay the F.B.I. the costs of records reviews
326     under this chapter.
327          [(6)] (7) Information obtained by the division from the reviews of criminal history
328     records of the Department of Public Safety and the F.B.I. shall be used or disseminated by the
329     division only for the purpose of determining if an applicant for licensure under this chapter is
330     qualified for licensure.
331          Section 5. Section 58-64-303 is amended to read:
332          58-64-303. Term of license -- Expiration -- Renewal.
333          (1) The division shall issue each license under this chapter in accordance with a
334     two-year renewal cycle established by rule. The division may by rule extend or shorten a
335     renewal period by as much as one year to stagger the renewal cycles it administers.
336          (2) At the time of renewal, the licensee shall show satisfactory evidence of:
337          (a) having performed not less than 25 deception detection examinations during the two

338     years immediately preceding the date of the renewal notice[.]; and
339          (b) obtaining recertification within the past two years from the manufacturer of a
340     scientific or technology-based software solution, if the licensee is renewing a deception
341     detection examination administrator license.
342          (3) Each license automatically expires on the expiration date shown on the license
343     unless the licensee renews it in accordance with Section 58-1-308.
344          Section 6. Section 58-64-601 is amended to read:
345          58-64-601. Deception detection instruments.
346          (1) Instruments or software applications used in performing deception detection
347     examinations shall be those that are generally recognized in the profession or, if approved by
348     the director, those with results published in peer-reviewed, scientific journals generally
349     recognized by the scientific community.
350          (2) An instrument or software application used for deception detection shall have a
351     permanent recording or written report produced by the instrument or software application for
352     objective analysis by the examiner, the division, or the board.
353          (3) A written interpretation by an examiner while conducting a deception detection
354     examination does not satisfy the requirements of a permanent recording.
355          Section 7. Section 58-64-701 is amended to read:
356          58-64-701. State preemption of local regulation.
357          (1) A political subdivision of [this] the state may not enact [any] legislation, [code, or
358     ordinance, or make any rules] ordinances, or rules relating to the licensing, training, or
359     regulation of deception detection examiners [or], deception detection interns, or deception
360     detection examination administrators.
361          (2) Any legislation, [code, ordinance, or rules] ordinances, or rules made by [any] a
362     political subdivision of [this] the state[,] relating to the licensing, training, or regulation of
363     deception detection examiners [or], deception detection interns, or deception detection
364     examination administrators is superseded by this chapter.