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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 [
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45 certification, registration, or exemption classification regarding an occupation or profession.
46 (4) "Proposal" means:
47 (a) an application submitted under Section 36-23-105, with or without specific
48 proposed statutory language;
49 (b) a request for review by a legislator of the possibility of newly regulating an
50 occupation or profession, with or without specific proposed statutory language; or
51 (c) proposed legislation to newly regulate an occupation or profession referred to the
52 committee by another legislative committee.
53 (5) "Sunrise review" means a review under this chapter of a proposal to newly regulate
54 an occupation or profession.
55 (6) "Sunset review" means a review under this chapter of a statute:
56 (a) regarding a [
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58 (b) that is scheduled for termination under [
59 Part 2, Repeal Dates Requiring Committee Review by Title.
60 Section 2. Section 36-23-102 is amended to read:
61 36-23-102. Occupational and Professional Licensure Review Committee.
62 (1) There is created the Occupational and Professional Licensure Review Committee.
63 (2) The committee consists of nine members appointed as follows:
64 (a) three members of the House of Representatives, appointed by the speaker of the
65 House of Representatives, with no more than two appointees from the same political party;
66 (b) three members of the Senate, appointed by the president of the Senate, with no
67 more than two appointees from the same political party; and
68 (c) three public members appointed jointly by the speaker of the House of
69 Representatives and the president of the Senate from the following two groups:
70 (i) at least one member who has previously served, but is no longer serving, on [
71 an advisory board created under Title 58, Occupations and Professions; and
72 (ii) at least one member from the general public who does not hold [
73 license issued by the Division of Occupational and Professional Licensing.
74 (3) (a) The speaker of the House of Representatives shall designate a member of the
75 House of Representatives appointed under Subsection (2)(a) as a cochair of the committee.
76 (b) The president of the Senate shall designate a member of the Senate appointed under
77 Subsection (2)(b) as a cochair of the committee.
78 Section 3. Section 36-23-105 is amended to read:
79 36-23-105. Applications -- Fees.
80 (1) If a government requestor or a representative of an occupation or profession that is
81 not licensed by the state proposes that the state license or newly regulate an occupation or
82 profession, the requestor or representative shall, prior to the introduction of any proposed
83 legislation, submit an application for sunrise review to the Office of Legislative Research and
84 General Counsel in a form approved by the committee.
85 (2) If an application is submitted by a representative of an occupation or profession, the
86 application shall include a nonrefundable fee of $500.
87 (3) All application fees shall be deposited in the General Fund.
88 Section 4. Section 36-23-106 is amended to read:
89 36-23-106. Duties -- Reporting.
90 (1) The committee shall:
91 (a) for each application submitted in accordance with Section 36-23-105, conduct a
92 sunrise review in accordance with Section 36-23-107 before November 1:
93 (i) of the year in which the application is submitted, if the application is submitted on
94 or before July 1; or
95 (ii) of the year following the year in which the application is submitted, if the
96 application is submitted after July 1;
97 (b) (i) conduct a sunset review for [
98 regulated occupation or profession [
99 is scheduled for termination under [
100 Dates Requiring Committee Review by Title;
101 (ii) conduct a sunset review under this Subsection (1)(b) before November 1 of the year
102 prior to the last general session of the Legislature that is scheduled to meet before the
103 scheduled termination date; and
104 (iii) conduct a review or study regarding any other occupational or professional
105 licensure matter referred to the committee by the Legislature, the Legislative Management
106 Committee, or other legislative committee.
107 (2) (a) For the purpose of making recommendations to the Legislature, the committee
108 may conduct a review or study of the existing regulations for any occupation or profession.
109 (b) In conducting a review or study under this Subsection (2), the committee shall:
110 (i) consider whether state regulation of the occupation or profession is necessary to
111 address a compelling state interest in protecting against present, recognizable, and significant
112 harm to the health or safety of the public;
113 (ii) consider if the committee's recommendations would negatively affect the interests
114 of members of the regulated occupation or profession, including the effect on matters of
115 reciprocity with other states; and
116 (iii) recommend to the Legislature any necessary changes to existing regulations of the
117 occupation or profession to ensure the regulations are narrowly tailored to protect against
118 present, recognizable, and significant harm to the health or safety of the public.
119 [
120 (a) the Legislative Management Committee; and
121 (b) the Business and Labor Interim Committee.
122 [
123 (a) all findings and recommendations made by the committee in the calendar year; and
124 (b) a summary report of each review or study conducted by the committee stating:
125 (i) whether the review or study included a review of specific proposed or existing
126 statutory language;
127 (ii) action taken by the committee as a result of the review or study; and
128 (iii) a record of the vote for each action taken by the committee.
129 Section 5. Section 36-23-107 is amended to read:
130 36-23-107. Sunrise or sunset review -- Criteria.
131 (1) In conducting a sunrise review or a sunset review under this chapter, the committee
132 may:
133 (a) receive information from:
134 (i) representatives of the occupation or profession proposed to be newly regulated or
135 that is subject to a sunset review;
136 (ii) the Division of Occupational and Professional Licensing; or
137 (iii) any other person; and
138 (b) review a proposal with or without considering proposed statutory language.
139 (2) When conducting a sunrise review or sunset review under this chapter, the
140 committee shall:
141 (a) consider whether state regulation of the occupation or profession is necessary to
142 address a compelling state interest in protecting against present, recognizable, and significant
143 harm to the health or safety of the public;
144 (b) consider if the committee's recommendations to the Legislature would negatively
145 affect the interests of members of the regulated occupation or profession, including the effect
146 on matters of reciprocity with other states;
147 [
148 profession is not necessary to protect against present, recognizable, and significant harm to the
149 health or safety of the public, recommend to the Legislature that the state not regulate the
150 profession;
151 [
152 profession is necessary in protecting against present, recognizable, and significant harm to the
153 health or safety of the public, consider whether:
154 (i) the proposed or existing statute is narrowly tailored to protect against present,
155 recognizable, and significant harm to the health or safety of the public; and
156 (ii) a potentially less restrictive alternative to licensing, including registration,
157 certification, or exemption, would avoid unnecessary regulation while still protecting the health
158 and safety of the public; and
159 [
160 existing statute to ensure it is narrowly tailored to protect against present, recognizable, and
161 significant harm to the health or safety of the public.
162 (3) In its performance of each sunrise review or sunset review, the committee may
163 apply the following criteria, to the extent that it is applicable:
164 (a) whether the unregulated practice of the occupation or profession has clearly harmed
165 or may harm or endanger the health, safety, or welfare of the public;
166 (b) whether the potential for harm or endangerment described in Subsection (3)(a) is
167 easily recognizable and not remote;
168 (c) whether regulation of the occupation or profession will significantly diminish an
169 identified risk to the health, safety, or welfare of the public;
170 (d) whether regulation of the occupation or profession:
171 (i) imposes significant new economic hardship on the public;
172 (ii) significantly diminishes the supply of qualified practitioners; or
173 (iii) otherwise creates barriers to service that are not consistent with the public welfare
174 or interest;
175 (e) whether the occupation or profession requires knowledge, skills, and abilities that
176 are:
177 (i) teachable; and
178 (ii) testable;
179 (f) whether the occupation or profession is clearly distinguishable from other
180 occupations or professions that are already regulated;
181 (g) whether the occupation or profession has:
182 (i) an established code of ethics;
183 (ii) a voluntary certification program; or
184 (iii) other measures to ensure a minimum quality of service;
185 (h) whether:
186 (i) the occupation or profession involves the treatment of an illness, injury, or health
187 care condition; and
188 (ii) practitioners of the occupation or profession will request payment of benefits for
189 the treatment under an insurance contract subject to Section 31A-22-618;
190 (i) whether the public can be adequately protected by means other than regulation; and
191 (j) other appropriate criteria as determined by the committee.
192 Section 6. Section 36-23-109 is amended to read:
193 36-23-109. Review of state regulation of occupations and professions.
194 [
195 36-23-106 [
196 recommendations regarding potentially less restrictive alternatives to licensing for the
197 regulation of occupations and professions, including registration [
198 exemption, if appropriate, that would [
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