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8 LONG TITLE
9 General Description:
10 This bill modifies the Occupational and Professional Licensure Review Committee Act.
11 Highlighted Provisions:
12 This bill:
13 ▸ defines terms;
14 ▸ modifies the responsibilities of the Occupational and Professional Licensure Review
15 Committee; and
16 ▸ makes technical changes.
17 Money Appropriated in this Bill:
18 None
19 Other Special Clauses:
20 None
21 Utah Code Sections Affected:
22 AMENDS:
23 36-23-101.5, as last amended by Laws of Utah 2013, Chapter 323
24 36-23-102, as last amended by Laws of Utah 2013, Chapter 323
25 36-23-105, as last amended by Laws of Utah 2013, Chapter 323
26 36-23-106, as last amended by Laws of Utah 2013, Chapter 323
27 36-23-107, as last amended by Laws of Utah 2013, Chapter 323
28 36-23-109, as last amended by Laws of Utah 2014, Chapter 189
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30 Be it enacted by the Legislature of the state of Utah:
31 Section 1. Section 36-23-101.5 is amended to read:
32 36-23-101.5. Definitions.
33 As used in this chapter:
34 (1) "Committee" means the Occupational and Professional Licensure Review
35 Committee created in Section 36-23-102.
36 (2) "Government requestor" means:
37 (a) the governor;
38 (b) an executive branch officer other than the governor;
39 (c) an executive branch agency;
40 (d) a legislator; or
41 (e) a legislative committee.
42 (3) "Newly regulate" means to regulate [
43 by state statute an occupation or profession not regulated [
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45 (4) "Proposal" means:
46 (a) an application submitted under Section 36-23-105, with or without specific
47 proposed statutory language;
48 (b) a request for review by a legislator of the possibility of newly regulating an
49 occupation or profession, with or without specific proposed statutory language; or
50 (c) proposed legislation to newly regulate an occupation or profession referred to the
51 committee by another legislative committee.
52 (5) "Sunrise review" means a review under this chapter of a proposal to newly regulate
53 an occupation or profession.
54 (6) "Sunset review" means a review under this chapter of a statute:
55 (a) regarding a [
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57 (b) that is scheduled for termination under [
58 Part 2, Repeal Dates Requiring Committee Review by Title.
59 Section 2. Section 36-23-102 is amended to read:
60 36-23-102. Occupational and Professional Licensure Review Committee.
61 (1) There is created the Occupational and Professional Licensure Review Committee.
62 (2) The committee consists of nine members appointed as follows:
63 (a) three members of the House of Representatives, appointed by the speaker of the
64 House of Representatives, with no more than two appointees from the same political party;
65 (b) three members of the Senate, appointed by the president of the Senate, with no
66 more than two appointees from the same political party; and
67 (c) three public members appointed jointly by the speaker of the House of
68 Representatives and the president of the Senate from the following two groups:
69 (i) at least one member who has previously served, but is no longer serving, on [
70 an advisory board created under Title 58, Occupations and Professions; and
71 (ii) at least one member from the general public who does not hold [
72 license issued by the Division of Occupational and Professional Licensing.
73 (3) (a) The speaker of the House of Representatives shall designate a member of the
74 House of Representatives appointed under Subsection (2)(a) as a cochair of the committee.
75 (b) The president of the Senate shall designate a member of the Senate appointed under
76 Subsection (2)(b) as a cochair of the committee.
77 Section 3. Section 36-23-105 is amended to read:
78 36-23-105. Applications -- Fees.
79 (1) If a government requestor or a representative of an occupation or profession that is
80 not licensed by the state proposes that the state license or newly regulate an occupation or
81 profession, the requestor or representative shall, prior to the introduction of any proposed
82 legislation, submit an application for sunrise review to the Office of Legislative Research and
83 General Counsel in a form approved by the committee.
84 (2) If an application is submitted by a representative of an occupation or profession, the
85 application shall include a nonrefundable fee of $500.
86 (3) All application fees shall be deposited in the General Fund.
87 Section 4. Section 36-23-106 is amended to read:
88 36-23-106. Duties -- Reporting.
89 (1) The committee shall:
90 (a) for each application submitted in accordance with Section 36-23-105, conduct a
91 sunrise review in accordance with Section 36-23-107 before November 1:
92 (i) of the year in which the application is submitted, if the application is submitted on
93 or before July 1; or
94 (ii) of the year following the year in which the application is submitted, if the
95 application is submitted after July 1;
96 (b) (i) conduct a sunset review for [
97 regulated occupation or profession [
98 is scheduled for termination under [
99 Dates Requiring Committee Review by Title;
100 (ii) conduct a sunset review under this Subsection (1)(b) before November 1 of the year
101 prior to the last general session of the Legislature that is scheduled to meet before the
102 scheduled termination date; and
103 (iii) conduct a review or study regarding any other occupational or professional
104 licensure matter referred to the committee by the Legislature, the Legislative Management
105 Committee, or other legislative committee.
106 (2) (a) The committee may conduct a review or study regarding any occupational or
107 professional regulation matter.
108 (b) In conducting a review or study under this Subsection (2), the committee shall
109 consider if the committee's recommendations would negatively affect the interest of members
110 of the regulated occupation or profession, including the effect on matters of reciprocity with
111 other states.
112 [
113 (a) the Legislative Management Committee; and
114 (b) the Business and Labor Interim Committee.
115 [
116 (a) all findings and recommendations made by the committee in the calendar year; and
117 (b) a summary report of each review or study conducted by the committee stating:
118 (i) whether the review or study included a review of specific proposed or existing
119 statutory language;
120 (ii) action taken by the committee as a result of the review or study; and
121 (iii) a record of the vote for each action taken by the committee.
122 Section 5. Section 36-23-107 is amended to read:
123 36-23-107. Sunrise or sunset review -- Criteria.
124 (1) In conducting a sunrise review or a sunset review under this chapter, the committee
125 may:
126 (a) receive information from:
127 (i) representatives of the occupation or profession proposed to be newly regulated or
128 that is subject to a sunset review;
129 (ii) the Division of Occupational and Professional Licensing; or
130 (iii) any other person; and
131 (b) review a proposal with or without considering proposed statutory language.
132 (2) When conducting a sunrise review or sunset review under this chapter, the
133 committee shall:
134 (a) consider whether state regulation of the occupation or profession is necessary to
135 address a compelling state interest in protecting against present, recognizable, and significant
136 harm to the health or safety of the public;
137 (b) consider if the committee's recommendations to the Legislature would negatively
138 affect the interests of members of the regulated occupation or profession, including the effect
139 on matters of reciprocity with other states;
140 [
141 profession is not necessary to protect against present, recognizable, and significant harm to the
142 health or safety of the public, recommend to the Legislature that the state not regulate the
143 profession;
144 [
145 profession is necessary in protecting against present, recognizable, and significant harm to the
146 health or safety of the public, consider whether:
147 (i) the proposed or existing statute is narrowly tailored to protect against present,
148 recognizable, and significant harm to the health or safety of the public; and
149 (ii) a potentially less restrictive alternative to licensing, including registration,
150 certification, or exemption, would avoid unnecessary regulation while still protecting the health
151 and safety of the public; and
152 [
153 existing statute to ensure it is narrowly tailored to protect against present, recognizable, and
154 significant harm to the health or safety of the public.
155 (3) In its performance of each sunrise review or sunset review, the committee may
156 apply the following criteria, to the extent that it is applicable:
157 (a) whether the unregulated practice of the occupation or profession has clearly harmed
158 or may harm or endanger the health, safety, or welfare of the public;
159 (b) whether the potential for harm or endangerment described in Subsection (3)(a) is
160 easily recognizable and not remote;
161 (c) whether regulation of the occupation or profession will significantly diminish an
162 identified risk to the health, safety, or welfare of the public;
163 (d) whether regulation of the occupation or profession:
164 (i) imposes significant new economic hardship on the public;
165 (ii) significantly diminishes the supply of qualified practitioners; or
166 (iii) otherwise creates barriers to service that are not consistent with the public welfare
167 or interest;
168 (e) whether the occupation or profession requires knowledge, skills, and abilities that
169 are:
170 (i) teachable; and
171 (ii) testable;
172 (f) whether the occupation or profession is clearly distinguishable from other
173 occupations or professions that are already regulated;
174 (g) whether the occupation or profession has:
175 (i) an established code of ethics;
176 (ii) a voluntary certification program; or
177 (iii) other measures to ensure a minimum quality of service;
178 (h) whether:
179 (i) the occupation or profession involves the treatment of an illness, injury, or health
180 care condition; and
181 (ii) practitioners of the occupation or profession will request payment of benefits for
182 the treatment under an insurance contract subject to Section 31A-22-618;
183 (i) whether the public can be adequately protected by means other than regulation; and
184 (j) other appropriate criteria as determined by the committee.
185 Section 6. Section 36-23-109 is amended to read:
186 36-23-109. Review of state regulation of occupations and professions.
187 [
188 36-23-106 [
189 recommendations regarding potentially less restrictive alternatives to licensing for the
190 regulation of occupations and professions, including registration [
191 exemption, if appropriate, that would [
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