1     
OCCUPATIONAL LICENSING AMENDMENTS

2     
2016 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Norman K Thurston

5     
Senate Sponsor: ____________

6     

7     LONG TITLE
8     General Description:
9          This bill modifies the Division of Occupational and Professional Licensing Act.
10     Highlighted Provisions:
11          This bill:
12          ▸     requires the Division of Occupational and Professional Licensing (DOPL) and the
13     board of each profession that has a time-based licensing requirement to report to the
14     division director about the feasability of creating a process to waive the time-based
15     requirement for an applicant that has obtained the skill and knowledge equivalent to
16     having completed the requirement; and
17          ▸     makes technical changes.
18     Money Appropriated in this Bill:
19          None
20     Other Special Clauses:
21          None
22     Utah Code Sections Affected:
23     AMENDS:
24          58-1-301, as last amended by Laws of Utah 2013, Chapter 426
25     

26     Be it enacted by the Legislature of the state of Utah:
27          Section 1. Section 58-1-301 is amended to read:
28          58-1-301. License application -- Licensing procedure.
29          (1) (a) Each license applicant shall apply to the division in writing upon forms
30     available from the division.
31          (b) Each completed application shall:
32          (i) contain documentation of the particular qualifications required of the applicant[,
33     shall];
34          (ii) include the applicant's social security number[, shall];
35          (iii) be verified by the applicant[,]; and [shall]
36          (iv) be accompanied by the appropriate fees.
37          [(b)] (c) An applicant's social security number is a private record under Subsection
38     63G-2-302(1)(i).
39          (2) (a) [A license shall be issued] The division shall issue a license to an applicant who
40     submits a complete application if the division determines that the applicant meets the
41     qualifications of licensure.
42          (b) [A written notice of additional proceedings shall be provided] The division shall
43     provide a written notice of additional proceedings to an applicant who submits a complete
44     application, but who has been, is, or will be placed under investigation by the division for
45     conduct directly bearing upon the applicant's qualifications for licensure, if the outcome of
46     additional proceedings is required to determine the division's response to the application.
47          (c) [A written notice of denial of licensure shall be provided] The division shall
48     provide a written notice of denial of licensure to an applicant who submits a complete
49     application if the division determines that the applicant does not meet the qualifications of
50     licensure.
51          (d) [A written notice of incomplete application and conditional denial of licensure shall
52     be provided] The division shall provide a written notice of incomplete application and
53     conditional denial of licensure to an applicant who submits an incomplete application[. This],
54     which notice shall advise the applicant that the application is incomplete and that the
55     application is denied, unless the applicant corrects the deficiencies within the time period
56     specified in the notice and otherwise meets all qualifications for licensure.
57          (3) Before [any person is issued] the division issues a license to a person under this
58     title, [all] the requirements for that license as established under this title and by rule shall be
59     met.
60          (4) If an applicant meets all requirements [are met] for [the] a specific license, the
61     division shall issue the license to the applicant.
62          (5) (a) As used in this Subsection (5), "time-based licensing requirement" means a
63     specific number of hours, weeks, months, or years of education, training, supervised training,
64     or other experience that an applicant for licensure is required to complete before receiving a
65     license under this title.
66          (b) "Time-based licensing requirement" does not include an associate degree, a
67     bachelor's degree, or a graduate degree from an accredited institution of higher education.
68          (c) For each occupation regulated by this title that has a time-based licensing
69     requirement, the division shall consult with the appropriate board and the board shall report to
70     the director:
71          (i) whether there is an existing process to allow an applicant who has obtained the skill
72     and knowledge equivalent to having met the time-based requirement to obtain a license without
73     meeting the time-based requirement and if that process could be made more reasonable and fair
74     to the applicant;
75          (ii) whether it is feasible to establish a process to allow an applicant who has obtained
76     the skill and knowledge equivalent to having met the time-based requirement to obtain a
77     license without meeting the time-based requirement and what steps would need to be taken to
78     provide such a process, if there is not such a process currently available for the applicant; and
79          (iii) if it is not feasible to establish a process to allow an applicant who has obtained
80     the skill and knowledge equivalent to having met the time-based requirement to obtain a
81     license without meeting the time-based requirement, the specific reasons that prevent such a
82     process from being feasible.




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