This document includes Senate 3rd Reading Floor Amendments incorporated into the bill on Thu, Feb 8, 2018 at 11:44 AM by lpoole.
Senator Curtis S. Bramble proposes the following substitute bill:


1     
OCCUPATIONAL AND PROFESSIONAL LICENSING AMENDMENTS

2     
2018 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: James A. Dunnigan

5     
Senate Sponsor: Curtis S. Bramble

6     

7     LONG TITLE
8     General Description:
9          This bill modifies statutory provisions related to the Division of Occupational and
10     Professional Licensing (DOPL).
11     Highlighted Provisions:
12          This bill:
13          ▸     modifies DOPL's authority to share certain licensee information;
14          ▸     modifies provisions related to unlawful and unprofessional conduct;
15          ▸     modifies provisions related to unpaid penalties;
16          ▸     modifies the exemptions from licensure and other requirements related to
17     cosmetology and associated professions;
18          ▸     modifies background check requirements and other requirements for certain medical
19     professions;
20          ▸     modifies certain contractor licensing requirements;
21          ▸     modifies the membership of the Hunting Guides and Outfitters Licensing Board;
22     and
23          ▸     makes technical changes.
24     Money Appropriated in this Bill:
25          None

26     Other Special Clauses:
27          This bill provides a special effective date.
28     Utah Code Sections Affected:
29     AMENDS:
30          58-1-106, as last amended by Laws of Utah 2016, Chapter 238
31          58-1-301.5, as last amended by Laws of Utah 2013, Chapter 262
32          58-1-501, as last amended by Laws of Utah 2014, Chapter 408
33          58-1-502, as last amended by Laws of Utah 2016, Chapter 238
34          58-3a-502, as last amended by Laws of Utah 2013, Chapter 278
35          58-11a-304, as last amended by Laws of Utah 2013, Chapter 13
36          58-11a-306, as last amended by Laws of Utah 2016, Chapter 274
37          58-11a-503, as last amended by Laws of Utah 2014, Chapter 100
38          58-17b-307, as last amended by Laws of Utah 2012, Chapter 93
39          58-17b-504, as last amended by Laws of Utah 2011, Chapter 23
40          58-22-503, as last amended by Laws of Utah 2017, Chapter 218
41          58-24b-302, as last amended by Laws of Utah 2017, Chapter 164
42          58-24b-303, as last amended by Laws of Utah 2016, Chapter 238
43          58-28-503, as last amended by Laws of Utah 2008, Chapter 382
44          58-31b-201, as last amended by Laws of Utah 2010, Chapter 372
45          58-31b-302, as last amended by Laws of Utah 2014, Chapter 316
46          58-31b-503, as last amended by Laws of Utah 2011, Chapter 340
47          58-37-6, as last amended by Laws of Utah 2017, Chapter 237
48          58-37-6.5, as last amended by Laws of Utah 2017, Chapter 180
49          58-37f-401, as last amended by Laws of Utah 2011, Chapter 23
50          58-37f-402, as last amended by Laws of Utah 2013, Chapter 450
51          58-44a-402, as last amended by Laws of Utah 2008, Chapter 382
52          58-47b-501, as last amended by Laws of Utah 2000, Chapter 309
53          58-53-502, as last amended by Laws of Utah 2008, Chapter 382
54          58-55-305, as last amended by Laws of Utah 2013, Chapters 430 and 449
55          58-55-501, as last amended by Laws of Utah 2014, Chapter 188
56          58-55-503, as last amended by Laws of Utah 2017, Chapter 339

57          58-56-9.5, as last amended by Laws of Utah 2010, Chapter 278
58          58-60-117, as last amended by Laws of Utah 2015, Chapter 197
59          58-63-503, as last amended by Laws of Utah 2008, Chapters 246 and 382
60          58-67-302, as last amended by Laws of Utah 2012, Chapters 162 and 225
61          58-67-302.5, as last amended by Laws of Utah 2011, Chapter 214
62          58-67-302.7, as last amended by Laws of Utah 2015, Chapter 258
63          58-67-302.8 (Effective 07/01/18), as enacted by Laws of Utah 2017, Chapter 299
64          58-67-304 (Superseded 07/01/18), as last amended by Laws of Utah 2011, Chapters
65     161 and 214
66          58-67-304 (Effective 07/01/18), as last amended by Laws of Utah 2017, Chapter 299
67          58-67-403, as last amended by Laws of Utah 2011, Chapter 214
68          58-67-503, as last amended by Laws of Utah 2012, Chapter 369
69          58-68-302, as last amended by Laws of Utah 2012, Chapters 162 and 225
70          58-68-302.5 (Effective 07/01/18), as enacted by Laws of Utah 2017, Chapter 299
71          58-68-304 (Superseded 07/01/18), as last amended by Laws of Utah 2011, Chapters
72     161 and 214
73          58-68-304 (Effective 07/01/18), as last amended by Laws of Utah 2017, Chapter 299
74          58-68-403, as last amended by Laws of Utah 2011, Chapter 214
75          58-68-503, as last amended by Laws of Utah 2012, Chapter 369
76          58-71-503, as enacted by Laws of Utah 1996, Chapter 282
77          58-76-502, as last amended by Laws of Utah 2008, Chapter 382
78          58-79-201, as enacted by Laws of Utah 2009, Chapter 52
79          78B-3-416, as last amended by Laws of Utah 2010, Chapters 97 and 286
80     ENACTS:
81          58-24b-302.1, Utah Code Annotated 1953
82          58-67-302.1, Utah Code Annotated 1953
83          58-68-302.1, Utah Code Annotated 1953
84     

85     Be it enacted by the Legislature of the state of Utah:
86          Section 1. Section 58-1-106 is amended to read:
87          58-1-106. Division -- Duties, functions, and responsibilities.

88          (1) The duties, functions, and responsibilities of the division include the following:
89          (a) prescribing, adopting, and enforcing rules to administer this title;
90          (b) investigating the activities of any person whose occupation or profession is
91     regulated or governed by the laws and rules administered and enforced by the division;
92          (c) subpoenaing witnesses, taking evidence, and requiring by subpoena duces tecum
93     the production of any books, papers, documents, records, contracts, recordings, tapes,
94     correspondence, or information relevant to an investigation upon a finding of sufficient need by
95     the director or by the director's designee;
96          (d) taking administrative and judicial action against persons in violation of the laws
97     and rules administered and enforced by the division, including the issuance of cease and desist
98     orders;
99          (e) seeking injunctions and temporary restraining orders to restrain unauthorized
100     activity;
101          (f) complying with Title 52, Chapter 4, Open and Public Meetings Act ;
102          (g) issuing, refusing to issue, revoking, suspending, renewing, refusing to renew, or
103     otherwise acting upon any license;
104          (h) preparing and submitting to the governor and the Legislature an annual report of the
105     division's operations, activities, and goals;
106          (i) preparing and submitting to the executive director a budget of the expenses for the
107     division;
108          (j) establishing the time and place for the administration of examinations; and
109          (k) preparing lists of licensees and making these lists available to the public at cost
110     upon request unless otherwise prohibited by state or federal law.
111          (2) The division may not include home telephone numbers or home addresses of
112     licensees on the lists prepared under Subsection (1)(k), except as otherwise provided by rules
113     of the division made in accordance with Title 63G, Chapter 3, Utah Administrative
114     Rulemaking Act.
115          (3) (a) The division may provide the home address or home telephone number of a
116     licensee on a list prepared under Subsection (1) upon the request of an individual who provides
117     proper identification and the reason for the request, in writing, to the division.
118          (b) A request under Subsection (3)(a) is limited to providing information on only one

119     licensee per request.
120          (c) The division shall provide, by rule, what constitutes proper identification under
121     Subsection (3)(a).
122          (4) (a) Nothwithstanding any contrary provisions in Title 63G, Chapter 2, Government
123     Records Access and Management Act, the division may share licensee information with:
124          (i) the division's contracted agents when sharing the information in compliance with
125     state or federal law; and
126          (ii) a person who is evaluating the progress or monitoring the compliance of an
127     individual who has been disciplined by the division under this title.
128          (b) The division may make rules to implement the provisions of this Subsection (4).
129          (5) All rules made by the division under this title shall be made in accordance with
130     Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
131          Section 2. Section 58-1-301.5 is amended to read:
132          58-1-301.5. Division access to Bureau of Criminal Identification records.
133          (1) The division shall have direct access to criminal background information
134     maintained by the Bureau of Criminal Identification under Title 53, Chapter 10, Part 2, Bureau
135     of Criminal Identification, for background screening of persons who are applying for licensure,
136     licensure renewal, licensure reinstatement, or relicensure, as required in:
137          (a) Section 58-17b-307 of Title 58, Chapter 17b, Pharmacy Practice Act;
138          (b) Sections 58-24b-302 and 58-24b-302.1 of Title 58, Chapter 24b, Physical Therapy
139     Practice Act;
140          [(b)] (c) Section 58-31b-302 of Title 58, Chapter 31b, Nurse Practice Act;
141          [(c)] (d) Section 58-47b-302 of Title 58, Chapter 47b, Massage Therapy Practice Act;
142          [(d)] (e) Section 58-55-302 of Title 58, Chapter 55, Utah Construction Trades
143     Licensing Act, as it applies to alarm companies and alarm company agents;
144          [(e)] (f) Section 58-63-302 of Title 58, Chapter 63, Security Personnel Licensing Act;
145     [and]
146          [(f)] (g) Section 58-64-302 of Title 58, Chapter 64, Deception Detection Examiners
147     Licensing Act[.];
148          (h) Sections 58-67-302 and 58-67-302.1 of Title 58, Chapter 67, Utah Medical Practice
149     Act; and

150          (i) Sections 58-68-302 and 58-68-302.1 of Title 58, Chapter 68, Utah Osteopathic
151     Medical Practice Act.
152          (2) The division's access to criminal background information under this section:
153          (a) shall meet the requirements of Section 53-10-108; and
154          (b) includes convictions, pleas of nolo contendere, pleas of guilty or nolo contendere
155     held in abeyance, dismissed charges, and charges without a known disposition.
156          (3) The division may not disseminate outside of the division any criminal history
157     record information that the division obtains from the Bureau of Criminal Identification or the
158     Federal Bureau of Investigation under the criminal background check requirements of this
159     section.
160          Section 3. Section 58-1-501 is amended to read:
161          58-1-501. Unlawful and unprofessional conduct.
162          (1) "Unlawful conduct" means conduct, by any person, that is defined as unlawful
163     under this title and includes:
164          (a) practicing or engaging in, representing oneself to be practicing or engaging in, or
165     attempting to practice or engage in any occupation or profession requiring licensure under this
166     title if the person is:
167          (i) not licensed to do so or not exempted from licensure under this title; or
168          (ii) restricted from doing so by a suspended, revoked, restricted, temporary,
169     probationary, or inactive license;
170          (b) (i) impersonating another licensee or practicing an occupation or profession under a
171     false or assumed name, except as permitted by law; or
172          (ii) for a licensee who has had a license under this title reinstated following disciplinary
173     action, practicing the same occupation or profession using a different name than the name used
174     before the disciplinary action, except as permitted by law and after notice to, and approval by,
175     the division;
176          (c) knowingly employing any other person to practice or engage in or attempt to
177     practice or engage in any occupation or profession licensed under this title if the employee is
178     not licensed to do so under this title;
179          (d) knowingly permitting the person's authority to practice or engage in any occupation
180     or profession licensed under this title to be used by another, except as permitted by law;

181          (e) obtaining a passing score on a licensure examination, applying for or obtaining a
182     license, or otherwise dealing with the division or a licensing board through the use of fraud,
183     forgery, or intentional deception, misrepresentation, misstatement, or omission; or
184          (f) (i) issuing, or aiding and abetting in the issuance of, an order or prescription for a
185     drug or device to a person located in this state:
186          (A) without prescriptive authority conferred by a license issued under this title, or by
187     an exemption to licensure under this title; or
188          (B) with prescriptive authority conferred by an exception issued under this title or a
189     multistate practice privilege recognized under this title, if the prescription was issued without
190     first obtaining information, in the usual course of professional practice, that is sufficient to
191     establish a diagnosis, to identify underlying conditions, and to identify contraindications to the
192     proposed treatment; and
193          (ii) Subsection (1)(f)(i) does not apply to treatment rendered in an emergency, on-call
194     or cross coverage situation, provided that the person who issues the prescription has
195     prescriptive authority conferred by a license under this title, or is exempt from licensure under
196     this title.
197          (2) "Unprofessional conduct" means conduct, by a licensee or applicant, that is defined
198     as unprofessional conduct under this title or under any rule adopted under this title and
199     includes:
200          (a) violating, or aiding or abetting any other person to violate, any statute, rule, or order
201     regulating an occupation or profession under this title;
202          (b) violating, or aiding or abetting any other person to violate, any generally accepted
203     professional or ethical standard applicable to an occupation or profession regulated under this
204     title;
205          (c) engaging in conduct that results in conviction, a plea of nolo contendere, or a plea
206     of guilty or nolo contendere which is held in abeyance pending the successful completion of
207     probation with respect to a crime of moral turpitude or any other crime that, when considered
208     with the functions and duties of the occupation or profession for which the license was issued
209     or is to be issued, bears a reasonable relationship to the licensee's or applicant's ability to safely
210     or competently practice the occupation or profession;
211          (d) engaging in conduct that results in disciplinary action, including reprimand,

212     censure, diversion, probation, suspension, or revocation, by any other licensing or regulatory
213     authority having jurisdiction over the licensee or applicant in the same occupation or profession
214     if the conduct would, in this state, constitute grounds for denial of licensure or disciplinary
215     proceedings under Section 58-1-401;
216          (e) engaging in conduct, including the use of intoxicants, drugs, narcotics, or similar
217     chemicals, to the extent that the conduct does, or might reasonably be considered to, impair the
218     ability of the licensee or applicant to safely engage in the occupation or profession;
219          (f) practicing or attempting to practice an occupation or profession regulated under this
220     title despite being physically or mentally unfit to do so;
221          (g) practicing or attempting to practice an occupation or profession regulated under this
222     title through gross incompetence, gross negligence, or a pattern of incompetency or negligence;
223          (h) practicing or attempting to practice an occupation or profession requiring licensure
224     under this title by any form of action or communication which is false, misleading, deceptive,
225     or fraudulent;
226          (i) practicing or attempting to practice an occupation or profession regulated under this
227     title beyond the scope of the licensee's competency, abilities, or education;
228          (j) practicing or attempting to practice an occupation or profession regulated under this
229     title beyond the scope of the licensee's license;
230          (k) verbally, physically, mentally, or sexually abusing or exploiting any person through
231     conduct connected with the licensee's practice under this title or otherwise facilitated by the
232     licensee's license;
233          (l) acting as a supervisor without meeting the qualification requirements for that
234     position that are defined by statute or rule;
235          (m) issuing, or aiding and abetting in the issuance of, an order or prescription for a
236     drug or device:
237          (i) without first obtaining information in the usual course of professional practice, that
238     is sufficient to establish a diagnosis, to identify conditions, and to identify contraindications to
239     the proposed treatment; or
240          (ii) with prescriptive authority conferred by an exception issued under this title, or a
241     multi-state practice privilege recognized under this title, if the prescription was issued without
242     first obtaining information, in the usual course of professional practice, that is sufficient to

243     establish a diagnosis, to identify underlying conditions, and to identify contraindications to the
244     proposed treatment;
245          (n) violating a provision of Section 58-1-501.5; or
246          (o) violating the terms of an order governing a license.
247          (3) Unless otherwise specified by statute or administrative rule, in a civil or
248     administrative proceeding commenced by the division under this title, a person subject to any
249     of the unlawful and unprofessional conduct provisions of this title is strictly liable for each
250     violation.
251          Section 4. Section 58-1-502 is amended to read:
252          58-1-502. Unlawful and unprofessional conduct -- Penalties.
253          (1) Unless otherwise specified in this title, a person who violates the unlawful conduct
254     provisions defined in this title is guilty of a class A misdemeanor.
255          (2) (a) In addition to any other statutory penalty for a violation related to a specific
256     occupation or profession regulated by this title, if upon inspection or investigation, the division
257     concludes that a person has violated Subsection 58-1-501(1)(a), (1)(c), or (2)(o), or a rule or
258     order issued with respect to those subsections, and that disciplinary action is appropriate, the
259     director or the director's designee from within the division shall promptly:
260          (i) issue a citation to the person according to this section and any pertinent rules;
261          (ii) attempt to negotiate a stipulated settlement; or
262          (iii) notify the person to appear before an adjudicative proceeding conducted under
263     Title 63G, Chapter 4, Administrative Procedures Act.
264          (b) (i) The division may assess a fine under this Subsection (2) against a person who
265     violates Subsection 58-1-501(1)(a), (1)(c), or (2)(o), or a rule or order issued with respect to
266     those subsections, as evidenced by:
267          (A) an uncontested citation;
268          (B) a stipulated settlement; or
269          (C) a finding of a violation in an adjudicative proceeding.
270          (ii) The division may, in addition to or in lieu of a fine under Subsection (2)(b)(i),
271     order the person to cease and desist from violating Subsection 58-1-501(1)(a), (1)(c), or (2)(o),
272     or a rule or order issued with respect to those subsections.
273          (c) Except for a cease and desist order, the division may not assess the licensure

274     sanctions cited in Section 58-1-401 through a citation.
275          (d) A citation shall:
276          (i) be in writing;
277          (ii) describe with particularity the nature of the violation, including a reference to the
278     provision of the chapter, rule, or order alleged to have been violated;
279          (iii) clearly state that the recipient must notify the division in writing within 20
280     calendar days of service of the citation if the recipient wishes to contest the citation at a hearing
281     conducted under Title 63G, Chapter 4, Administrative Procedures Act; and
282          (iv) clearly explain the consequences of failure to timely contest the citation or to make
283     payment of a fine assessed by the citation within the time specified in the citation.
284          (e) The division may issue a notice in lieu of a citation.
285          (f) (i) If within 20 calendar days from the service of the citation, the person to whom
286     the citation was issued fails to request a hearing to contest the citation, the citation becomes the
287     final order of the division and is not subject to further agency review.
288          (ii) The period to contest a citation may be extended by the division for cause.
289          (g) The division may refuse to issue or renew, suspend, revoke, or place on probation
290     the license of a licensee who fails to comply with a citation after it becomes final.
291          (h) The failure of an applicant for licensure to comply with a citation after it becomes
292     final is a ground for denial of license.
293          (i) The division may not issue a citation under this section after the expiration of one
294     year following the occurrence of a violation.
295          (j) The director or the director's designee shall assess fines according to the following:
296          (i) for the first offense handled pursuant to Subsection (2)(a), a fine of up to $1,000;
297          (ii) for a second offense handled pursuant to Subsection (2)(a), a fine of up to $2,000;
298     and
299          (iii) for each subsequent offense handled pursuant to Subsection (2)(a), a fine of up to
300     $2,000 for each day of continued offense.
301          (3) (a) An action for a first or second offense that has not yet resulted in a final order of
302     the division may not preclude initiation of a subsequent action for a second or subsequent
303     offense during the pendency of a preceding action.
304          (b) The final order on a subsequent action is considered a second or subsequent

305     offense, respectively, provided the preceding action resulted in a first or second offense,
306     respectively.
307          Ŝ→ [
(4) If, upon inspection or investigation, the division determines that a person has
308     violated an unlawful conduct or an unprofessional conduct provision defined in this title more
309     than one time, the division may treat each violation as a separate violation of the unlawful
310     conduct or unprofessional conduct provision and may apply a penalty as described in this title
311     to each violation.
312          [(4)] (5)
] (4) ←Ŝ
(a) The director may collect a penalty that is not paid by:
313          (i) [either] referring the matter to a collection agency; or
314          (ii) bringing an action in the district court of the county where the person against whom
315     the penalty is imposed resides or in the county where the office of the director is located.
316          (b) A county attorney or the attorney general of the state shall provide legal assistance
317     and advice to the director in an action to collect [the] a penalty.
318          (c) A court may award reasonable attorney fees and costs to the [division] prevailing
319     party in an action brought by the division to [enforce the provisions of this section] collect a
320     penalty.
321          Section 5. Section 58-3a-502 is amended to read:
322          58-3a-502. Penalty for unlawful conduct.
323          (1) (a) If upon inspection or investigation, the division concludes that a person has
324     violated Subsections 58-1-501(1)(a) through (d) or Section 58-3a-501 or any rule or order
325     issued with respect to Section 58-3a-501, and that disciplinary action is appropriate, the
326     director or the director's designee from within the division for each alternative respectively,
327     shall promptly issue a citation to the person according to this chapter and any pertinent rules,
328     attempt to negotiate a stipulated settlement, or notify the person to appear before an
329     adjudicative proceeding conducted under Title 63G, Chapter 4, Administrative Procedures Act.
330          (i) A person who violates Subsections 58-1-501(1)(a) through (d) or Section 58-3a-501
331     or any rule or order issued with respect to Section 58-3a-501, as evidenced by an uncontested
332     citation, a stipulated settlement, or by a finding of violation in an adjudicative proceeding, may
333     be assessed a fine pursuant to this Subsection (1) and may, in addition to or in lieu of, be
334     ordered to cease and desist from violating Subsections 58-1-501(1)(a) through (d) or Section
335     58-3a-501 or any rule or order issued with respect to this section.

336          (ii) Except for a cease and desist order, the licensure sanctions cited in Section
337     58-3a-401 may not be assessed through a citation.
338          (b) A citation shall:
339          (i) be in writing;
340          (ii) describe with particularity the nature of the violation, including a reference to the
341     provision of the chapter, rule, or order alleged to have been violated;
342          (iii) clearly state that the recipient must notify the division in writing within 20
343     calendar days of service of the citation if the recipient wishes to contest the citation at a hearing
344     conducted under Title 63G, Chapter 4, Administrative Procedures Act; and
345          (iv) clearly explain the consequences of failure to timely contest the citation or to make
346     payment of any fines assessed by the citation within the time specified in the citation.
347          (c) The division may issue a notice in lieu of a citation.
348          (d) Each citation issued under this section, or a copy of each citation, may be served
349     upon a person upon whom a summons may be served in accordance with the Utah Rules of
350     Civil Procedure and may be made personally or upon the person's agent by a division
351     investigator or by any person specially designated by the director or by mail.
352          (e) If within 20 calendar days from the service of the citation, the person to whom the
353     citation was issued fails to request a hearing to contest the citation, the citation becomes the
354     final order of the division and is not subject to further agency review. The period to contest a
355     citation may be extended by the division for cause.
356          (f) The division may refuse to issue or renew, suspend, revoke, or place on probation
357     the license of a licensee who fails to comply with a citation after it becomes final.
358          (g) The failure of an applicant for licensure to comply with a citation after it becomes
359     final is a ground for denial of license.
360          (h) No citation may be issued under this section after the expiration of six months
361     following the occurrence of any violation.
362          (i) The director or the director's designee shall assess fines according to the following:
363          (i) for a first offense handled pursuant to Subsection (1)(a), a fine of up to $1,000;
364          (ii) for a second offense handled pursuant to Subsection (1)(a), a fine of up to $2,000;
365     and
366          (iii) for any subsequent offense handled pursuant to Subsection (1)(a), a fine of up to

367     $2,000 for each day of continued offense.
368          (2) An action initiated for a first or second offense which has not yet resulted in a final
369     order of the division shall not preclude initiation of any subsequent action for a second or
370     subsequent offense during the pendency of any preceding action. The final order on a
371     subsequent action shall be considered a second or subsequent offense, respectively, provided
372     the preceding action resulted in a first or second offense, respectively.
373          [(3) Any penalty which is not paid may be collected by the director by either referring
374     the matter to a collection agency or bringing an action in the district court of the county in
375     which the person against whom the penalty is imposed resides or in the county where the office
376     of the director is located. Any county attorney or the attorney general of the state shall provide
377     legal assistance and advice to the director in any action to collect the penalty. In any action
378     brought to enforce the provisions of this section, reasonable attorney's fees and costs shall be
379     awarded to the division.]
380          (3) (a) The director may collect a penalty that is not paid by:
381          (i) referring the matter to a collection agency; or
382          (ii) bringing an action in the district court of the county where the person against whom
383     the penalty is imposed resides or in the county where the office of the director is located.
384          (b) A county attorney or the attorney general of the state shall provide legal assistance
385     and advice to the director in an action to collect a penalty.
386          (c) A court shall award reasonable attorney fees and costs to the prevailing party in an
387     action brought by the division to collect a penalty.
388          Section 6. Section 58-11a-304 is amended to read:
389          58-11a-304. Exemptions from licensure.
390          In addition to the exemptions from licensure in Section 58-1-307, the following persons
391     may engage in the practice of barbering, cosmetology/barbering, esthetics, master-level
392     esthetics, electrology, or nail technology without being licensed under this chapter:
393          (1) a person licensed under the laws of this state to engage in the practice of medicine,
394     surgery, osteopathy, or chiropractic when engaged in the practice of the profession for which
395     they are licensed;
396          (2) a commissioned physician or surgeon serving in the armed forces of the United
397     States or another federal agency;

398          (3) a registered nurse, undertaker, or mortician licensed under the laws of this state
399     when engaged in the practice of the profession for which the person is licensed;
400          (4) a person who visits the state to engage in instructional seminars, advanced classes,
401     trade shows, or competitions of a limited duration;
402          (5) a person who engages in the practice of barbering, cosmetology/barbering, hair
403     design, esthetics, master-level esthetics, electrology, or nail technology without compensation;
404          (6) a person instructing an adult education class or other educational program directed
405     toward persons who are not licensed under this chapter and that is not intended to train persons
406     to become licensed under this chapter, provided:
407          (a) an attendee receives no credit toward educational requirements for licensure under
408     this chapter;
409          (b) the instructor informs each attendee in writing that taking such a class or program
410     will not certify or qualify the attendee to perform a service for compensation that requires
411     licensure under this chapter; and
412          (c) (i) the instructor is properly licensed; or
413          (ii) the instructor receives no compensation;
414          (7) a person providing instruction in workshops, seminars, training meetings, or other
415     educational programs whose purpose is to provide continuing professional development to
416     licensed barbers, cosmetologists/barbers, hair designers, estheticians, master estheticians,
417     electrologists, or nail technicians;
418          (8) a person enrolled in a licensed barber or cosmetology/barber school when
419     participating in an on the job training internship under the direct supervision of a licensed
420     barber or cosmetologist/barber upon completion of a basic program under the standards
421     established by rule by the division in collaboration with the board;
422          (9) a person enrolled in an approved apprenticeship pursuant to Section 58-11a-306;
423          (10) an employee of a company that is primarily engaged in the business of selling
424     products used in the practice of barbering, cosmetology/barbering, esthetics, master-level
425     esthetics, electrology, or nail technology when demonstrating the company's products to a
426     potential customer, provided the employee makes no representation to a potential customer that
427     attending such a demonstration will certify or qualify the attendee to perform a service for
428     compensation that requires licensure under this chapter;

429          (11) a person who:
430          (a) is qualified to engage in the practice of barbering, cosmetology/barbering, esthetics,
431     master-level esthetics, electrology, or nail technology in another jurisdiction as evidenced by
432     licensure, certification, or lawful practice in the other jurisdiction;
433          (b) is employed by, or under contract with, a motion picture company; and
434          (c) engages in the practice of barbering, cosmetology/barbering, esthetics, master-level
435     esthetics, electrology, or nail technology in the state:
436          (i) solely to assist in the production of a motion picture; and
437          (ii) for no more than 120 days per calendar year; and
438          (12) a person who:
439          (a) engages in hair braiding; and
440          (b) unless it is expressly exempted under this section or Section 58-1-307, does not
441     engage in other activity requiring licensure under this chapter.
442          Section 7. Section 58-11a-306 is amended to read:
443          58-11a-306. Apprenticeship.
444          (1) An approved barber apprenticeship shall:
445          (a) consist of not less than 1,250 hours of training in not less than eight months; and
446          (b) be conducted by a supervisor who:
447          (i) is licensed under this chapter as a barber instructor or a cosmetology/barber
448     instructor; and
449          (ii) provides one-on-one direct supervision of the barber apprentice during the
450     apprenticeship program.
451          (2) An approved cosmetologist/barber apprenticeship shall:
452          (a) consist of not less than 2,500 hours of training in not less than 15 months; and
453          (b) be conducted by a supervisor who:
454          (i) is licensed under this chapter as a cosmetologist/barber instructor; and
455          (ii) provides one-on-one direct supervision of the cosmetologist/barber apprentice
456     during the apprenticeship program.
457          (3) An approved esthetician apprenticeship shall:
458          (a) consist of not less than 800 hours of training in not less than five months; and
459          (b) be conducted by a supervisor who:

460          (i) is licensed under this chapter as an esthetician instructor; and
461          (ii) provides one-on-one direct supervision of the esthetician apprentice during the
462     apprenticeship program.
463          (4) An approved master esthetician apprenticeship shall:
464          (a) consist of not less than 1,500 hours of training in not less than 10 months; and
465          (b) be conducted by a supervisor who:
466          (i) is licensed under this chapter as a master-level esthetician instructor; and
467          (ii) provides one-on-one direct supervision of the master esthetician apprentice during
468     the apprenticeship program.
469          (5) An approved nail technician apprenticeship shall:
470          (a) consist of not less than 375 hours of training in not less than three months; and
471          (b) be conducted by a supervisor who:
472          (i) is licensed under this chapter as a nail technician instructor or a cosmetology/barber
473     instructor; [and]
474          (ii) provides [one-on-one] direct supervision of the nail technician apprentice during
475     the apprenticeship program[.]; and
476          (iii) provides direct supervision to no more than two nail technician apprentices during
477     the apprentice program.
478          (6) A person seeking to qualify for licensure by apprenticing in an approved
479     apprenticeship under this chapter shall:
480          (a) register with the division before beginning the training requirements by:
481          (i) submitting a form prescribed by the division, which includes the name of the
482     licensed supervisor; and
483          (ii) paying a fee determined by the department under Section 63J-1-504;
484          (b) complete the apprenticeship within five years of the date on which the division
485     approves the registration; and
486          (c) notify the division within 30 days if the licensed supervisor changes after the
487     registration is approved by the division.
488          (7) Notwithstanding Subsection (6), if a person seeking to qualify for licensure by
489     apprenticing in an approved apprenticeship under this chapter registers with the division before
490     January 1, 2017, any training requirements completed by the person as an apprentice in an

491     approved apprenticeship before registration may be applied to successful completion of the
492     approved apprenticeship.
493          Section 8. Section 58-11a-503 is amended to read:
494          58-11a-503. Penalties.
495          (1) Unless Subsection (2) applies, an individual who commits an act of unlawful
496     conduct under Section 58-11a-502 or who fails to comply with a citation issued under this
497     section after it is final is guilty of a class A misdemeanor.
498          (2) Sexual conduct that violates Section 58-11a-502 and Title 76, Utah Criminal Code,
499     shall be subject to the applicable penalties in Title 76, Utah Criminal Code.
500          (3) Grounds for immediate suspension of a licensee's license by the division include
501     the issuance of a citation for violation of Subsection 58-11a-502(1), (2), (4), (5), (6), or (7).
502          (4) (a) If upon inspection or investigation, the division concludes that a person has
503     violated the provisions of Subsection 58-11a-502(1), (2), (4), (5), (6), or (7), or a rule or order
504     issued with respect to Subsection 58-11a-502(1), (2), (4), (5), (6), or (7), and that disciplinary
505     action is appropriate, the director or the director's designee from within the division shall
506     promptly issue a citation to the person according to this chapter and any pertinent rules, attempt
507     to negotiate a stipulated settlement, or notify the person to appear before an adjudicative
508     proceeding conducted under Title 63G, Chapter 4, Administrative Procedures Act.
509          (i) A person who is in violation of Subsection 58-11a-502(1), (2), (4), (5), (6), or (7),
510     as evidenced by an uncontested citation, a stipulated settlement, or by a finding of violation in
511     an adjudicative proceeding, may be assessed a fine pursuant to this Subsection (4) and may, in
512     addition to or in lieu of, be ordered to cease and desist from violating Subsection
513     58-11a-502(1), (2), (4), (5), (6), or (7).
514          (ii) Except for a cease and desist order, the licensure sanctions cited in Section
515     58-11a-401 may not be assessed through a citation.
516          (b) (i) Each citation shall be in writing and describe with particularity the nature of the
517     violation, including a reference to the provision of the chapter, rule, or order alleged to have
518     been violated.
519          (ii) The citation shall clearly state that the recipient must notify the division in writing
520     within 20 calendar days of service of the citation if the recipient wishes to contest the citation
521     at a hearing conducted under Title 63G, Chapter 4, Administrative Procedures Act.

522          (iii) The citation shall clearly explain the consequences of failure to timely contest the
523     citation or to make payment of a fine assessed by the citation within the time specified in the
524     citation.
525          (c) Each citation issued under this section, or a copy of each citation, may be served
526     upon a person upon whom a summons may be served in accordance with the Utah Rules of
527     Civil Procedure and may be made personally or upon the person's agent by a division
528     investigator or by a person specially designated by the director or by mail.
529          (d) (i) If within 20 calendar days from the service of a citation, the person to whom the
530     citation was issued fails to request a hearing to contest the citation, the citation becomes the
531     final order of the division and is not subject to further agency review.
532          (ii) The period to contest a citation may be extended by the division for cause.
533          (e) The division may refuse to issue or renew, suspend, revoke, or place on probation
534     the license of a licensee who fails to comply with a citation after it becomes final.
535          (f) The failure of an applicant for licensure to comply with a citation after it becomes
536     final is a ground for denial of license.
537          (g) No citation may be issued under this section after the expiration of six months
538     following the occurrence of a violation.
539          (h) Fines shall be assessed by the director or the director's designee according to the
540     following:
541          (i) for a first offense under Subsection (4)(a), a fine of up to $1,000;
542          (ii) for a second offense under Subsection (4)(a), a fine of up to $2,000; and
543          (iii) for any subsequent offense under Subsection (4)(a), a fine of up to $2,000 for each
544     day of continued offense.
545          (i) (i) For purposes of issuing a final order under this section and assessing a fine under
546     Subsection (4)(h), an offense constitutes a second or subsequent offense if:
547          (A) the division previously issued a final order determining that a person committed a
548     first or second offense in violation of Subsection 58-11a-502(1), (2), (4), (5), (6), or (7); or
549          (B) (I) the division initiated an action for a first or second offense;
550          (II) no final order has been issued by the division in the action initiated under
551     Subsection (4)(i)(i)(B)(I);
552          (III) the division determines during an investigation that occurred after the initiation of

553     the action under Subsection (4)(i)(i)(B)(I) that the person committed a second or subsequent
554     violation of Subsection 58-11a-502(1), (2), (4), (5), (6), or (7); and
555          (IV) after determining that the person committed a second or subsequent offense under
556     Subsection (4)(i)(i)(B)(III), the division issues a final order on the action initiated under
557     Subsection (4)(i)(i)(B)(I).
558          (ii) In issuing a final order for a second or subsequent offense under Subsection
559     (4)(i)(i), the division shall comply with the requirements of this section.
560          (5) (a) A penalty imposed by the director under Subsection (4)(h) shall be deposited
561     into the Barber, Cosmetologist/Barber, Esthetician, Electrologist, and Nail Technician
562     Education and Enforcement Fund.
563          (b) A penalty which is not paid may be collected by the director by either:
564          (i) referring the matter to a collection agency; or
565          (ii) bringing an action in the district court of the county in which the person against
566     whom the penalty is imposed resides or in the county where the office of the director is located.
567          (c) A county attorney or the attorney general of the state [is to] shall provide legal
568     assistance and advice to the director in an action to collect [the] a penalty.
569          (d) A court shall award reasonable attorney fees and costs [in an action brought to
570     enforce the provisions of this section] to the prevailing party in an action brought by the
571     division to collect a penalty.
572          Section 9. Section 58-17b-307 is amended to read:
573          58-17b-307. Qualification for licensure -- Criminal background checks.
574          (1) An applicant for licensure under this chapter shall:
575          (a) submit fingerprint cards in a form acceptable to the division at the time the license
576     application is filed; and
577          (b) in accordance with this section and requirements established by rule made in
578     accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, consent to a
579     fingerprint background check regarding the application conducted by the:
580          (i) Utah Bureau of Criminal Identification; and
581          (ii) Federal Bureau of Investigation.
582          [(2) The division shall request the Department of Public Safety to complete a Federal
583     Bureau of Investigation criminal background check for each applicant through the National

584     Criminal History System (NCIC) or any successor system.]
585          (2) The division shall:
586          (a) in addition to other fees authorized by this chapter, collect from each applicant
587     submitting fingerprints in accordance with this section the fee that the Bureau of Criminal
588     Identification is authorized to collect for the services provided under Section 53-10-108 and the
589     fee charged by the Federal Bureau of Investigation for fingerprint processing for the purpose of
590     obtaining federal criminal history record information;
591          (b) submit from each applicant the fingerprint card and the fees described in
592     Subsection (2)(a) to the Bureau of Criminal Identification; and
593          (c) obtain and retain in division records, a signed waiver approved by the Bureau of
594     Criminal Identification in accordance with Section 53-10-108 for each applicant.
595          (3) The Bureau of Criminal Identification shall, in accordance with the requirements of
596     Section 53-10-108:
597          (a) check the fingerprints submitted under Subsection (2)(b) against the applicable state
598     and regional criminal records databases;
599          (b) forward the fingerprints to the Federal Bureau of Investigation for a national
600     criminal history background check; and
601          (c) provide the results from the state, regional, and nationwide criminal history
602     background checks to the division.
603          [(3)] (4) For purposes of conducting the criminal background check required in
604     Subsection (1), the division shall have direct access to criminal background information
605     maintained under Title 53, Chapter 10, Part 2, Bureau of Criminal Identification.
606          [(4)] (5) (a) A new pharmacist, pharmacy intern, or pharmacy technician license issued
607     under this section is conditional, pending completion of the criminal background check.
608          (b) Notwithstanding Title 63G, Chapter 4, Administrative Procedures Act, if the
609     criminal background check required in Subsection (1), discloses the applicant has failed to
610     accurately disclose a criminal history, the license is immediately and automatically revoked
611     upon notice to the licensee by the division.
612          [(5)] (6) (a) A person whose conditional license has been revoked under Subsection (4)
613     is entitled to a postrevocation hearing to challenge the revocation.
614          (b) The division shall conduct [the] a postrevocation hearing in accordance with Title

615     63G, Chapter 4, Administrative Procedures Act.
616          (7) The division may not disseminate outside of the division any criminal history
617     record information that the division obtains from the Bureau of Criminal Identification or the
618     Federal Bureau of Investigation under the criminal background check requirements of this
619     section.
620          Section 10. Section 58-17b-504 is amended to read:
621          58-17b-504. Penalty for unlawful or unprofessional conduct -- Fines -- Citations.
622          (1) Any person who violates any of the unlawful conduct provisions of Subsection
623     58-1-501(1)(a)(i) and Subsections 58-17b-501(7) and (11) is guilty of a third degree felony.
624          (2) Any person who violates any of the unlawful conduct provisions of Subsection
625     58-1-501(1)(a)(ii), Subsections 58-1-501(1)(b) through (e), and Section 58-17b-501, except
626     Subsections 58-17b-501(7) and (11), is guilty of a class A misdemeanor.
627          (3) (a) Subject to Subsection (5) and in accordance with Section 58-17b-401, for acts
628     of unprofessional or unlawful conduct, the division may:
629          (i) assess administrative penalties; and
630          (ii) take any other appropriate administrative action.
631          (b) An administrative penalty imposed pursuant to this section shall be deposited in the
632     General Fund as a dedicated credit to be used by the division for pharmacy licensee education
633     and enforcement as provided in Section 58-17b-505.
634          (4) If a licensee has been convicted of violating Section 58-17b-501 prior to an
635     administrative finding of a violation of the same section, the licensee may not be assessed an
636     administrative fine under this chapter for the same offense for which the conviction was
637     obtained.
638          (5) (a) If upon inspection or investigation, the division concludes that a person has
639     violated the provisions of Section 58-17b-501 or 58-17b-502, Chapter 37, Utah Controlled
640     Substances Act, Chapter 37f, Controlled Substance Database Act, Chapter 1, Division of
641     Occupational and Professional Licensing Act, or any rule or order issued with respect to these
642     provisions, and that disciplinary action is appropriate, the director or the director's designee
643     from within the division shall promptly issue a citation to the person according to this chapter
644     and any pertinent rules, attempt to negotiate a stipulated settlement, or notify the person to
645     appear before an adjudicative proceeding conducted under Title 63G, Chapter 4,

646     Administrative Procedures Act.
647          (b) Any person who is in violation of the provisions of Section 58-17b-501 or
648     58-17b-502, Chapter 37, Utah Controlled Substances Act, Chapter 37f, Controlled Substance
649     Database Act, Chapter 1, Division of Occupational and Professional Licensing Act, or any rule
650     or order issued with respect to these provisions, as evidenced by an uncontested citation, a
651     stipulated settlement, or a finding of violation in an adjudicative proceeding, may be assessed a
652     fine pursuant to this Subsection (5) of up to $10,000 per single violation or up to $2,000 per
653     day of ongoing violation, whichever is greater, in accordance with a fine schedule established
654     by rule, and may, in addition to or in lieu of, be ordered to cease and desist from violating the
655     provisions of Section 58-17b-501 or 58-17b-502, Chapter 37, Utah Controlled Substances Act,
656     Chapter 1, Division of Occupational and Professional Licensing Act, or any rule or order issued
657     with respect to these provisions.
658          (c) Except for an administrative fine and a cease and desist order, the licensure
659     sanctions cited in Section 58-17b-401 may not be assessed through a citation.
660          (d) Each citation shall be in writing and specifically describe with particularity the
661     nature of the violation, including a reference to the provision of the chapter, rule, or order
662     alleged to have been violated. The citation shall clearly state that the recipient must notify the
663     division in writing within 20 calendar days of service of the citation in order to contest the
664     citation at a hearing conducted under Title 63G, Chapter 4, Administrative Procedures Act.
665     The citation shall clearly explain the consequences of failure to timely contest the citation or to
666     make payment of any fines assessed by the citation within the time specified in the citation.
667          (e) Each citation issued under this section, or a copy of each citation, may be served
668     upon any person upon whom a summons may be served:
669          (i) in accordance with the Utah Rules of Civil Procedure;
670          (ii) personally or upon the person's agent by a division investigator or by any person
671     specially designated by the director; or
672          (iii) by mail.
673          (f) If within 20 calendar days from the service of a citation, the person to whom the
674     citation was issued fails to request a hearing to contest the citation, the citation becomes the
675     final order of the division and is not subject to further agency review. The period to contest the
676     citation may be extended by the division for cause.

677          (g) The division may refuse to issue or renew, suspend, revoke, or place on probation
678     the license of a licensee who fails to comply with the citation after it becomes final.
679          (h) The failure of an applicant for licensure to comply with a citation after it becomes
680     final is a ground for denial of license.
681          (i) No citation may be issued under this section after the expiration of six months
682     following the occurrence of any violation.
683          (6) (a) The director may collect a penalty that is not paid by:
684          (i) referring the matter to a collection agency; or
685          (ii) bringing an action in the district court of the county where the person against whom
686     the penalty is imposed resides or in the county where the office of the director is located.
687          (b) A county attorney or the attorney general of the state shall provide legal assistance
688     and advice to the director in an action to collect a penalty.
689          (c) A court shall award reasonable attorney fees and costs to the prevailing party in an
690     action brought by the division to collect a penalty.
691          Section 11. Section 58-22-503 is amended to read:
692          58-22-503. Penalties and administrative actions for unlawful or unprofessional
693     conduct.
694          (1) (a) If upon inspection or investigation, the division concludes that a person has
695     violated Section 58-1-501, 58-22-501 , or 58-22-502.5, or any rule or order issued with respect
696     to Section 58-22-501 or 58-22-502.5 , and that disciplinary action is appropriate, the director or
697     the director's designee from within the division for each alternative respectively, shall promptly
698     issue a citation to the person according to this chapter and any pertinent rules, attempt to
699     negotiate a stipulated settlement, or notify the person to appear before an adjudicative
700     proceeding conducted under Title 63G, Chapter 4, Administrative Procedures Act.
701          (i) A person who violates Section 58-1-501, 58-22-501 , or 58-22-502.5, or any rule or
702     order issued with respect to Section 58-22-501 or 58-22-502.5 , as evidenced by an uncontested
703     citation, a stipulated settlement, or by a finding of violation in an adjudicative proceeding, may
704     be assessed a fine pursuant to this Subsection (1) and may, in addition to or in lieu of, be
705     ordered to cease and desist from violating Section 58-1-501, 58-22-501, or 58-22-502.5, or
706     any rule or order issued with respect to this section.
707          (ii) Except for a cease and desist order, the licensure sanctions cited in Section

708     58-22-401 may not be assessed through a citation.
709          (b) A citation shall:
710          (i) be in writing;
711          (ii) describe with particularity the nature of the violation, including a reference to the
712     provision of the chapter, rule, or order alleged to have been violated;
713          (iii) clearly state that the recipient must notify the division in writing within 20
714     calendar days of service of the citation if the recipient wishes to contest the citation at a hearing
715     conducted under Title 63G, Chapter 4, Administrative Procedures Act; and
716          (iv) clearly explain the consequences of failure to timely contest the citation or to make
717     payment of any fines assessed by the citation within the time specified in the citation.
718          (c) The division may issue a notice in lieu of a citation.
719          (d) Each citation issued under this section, or a copy of each citation, may be served
720     upon a person upon whom a summons may be served in accordance with the Utah Rules of
721     Civil Procedure and may be made personally or upon the person's agent by a division
722     investigator or by any person specially designated by the director or by mail.
723          (e) If within 20 calendar days from the service of the citation, the person to whom the
724     citation was issued fails to request a hearing to contest the citation, the citation becomes the
725     final order of the division and is not subject to further agency review. The period to contest a
726     citation may be extended by the division for cause.
727          (f) The division may refuse to issue or renew, suspend, revoke, or place on probation
728     the license of a licensee who fails to comply with a citation after it becomes final.
729          (g) The failure of an applicant for licensure to comply with a citation after it becomes
730     final is a ground for denial of license.
731          (h) No citation may be issued under this section after the expiration of six months
732     following the occurrence of any violation.
733          (i) The director or the director's designee shall assess fines according to the following:
734          (i) for a first offense handled pursuant to Subsection (1)(a), a fine of up to $1,000;
735          (ii) for a second offense handled pursuant to Subsection (1)(a), a fine of up to $2,000;
736     and
737          (iii) for any subsequent offense handled pursuant to Subsection (1)(a), a fine of up to
738     $2,000 for each day of continued offense.

739          (2) An action initiated for a first or second offense which has not yet resulted in a final
740     order of the division shall not preclude initiation of any subsequent action for a second or
741     subsequent offense during the pendency of any preceding action. The final order on a
742     subsequent action shall be considered a second or subsequent offense, respectively, provided
743     the preceding action resulted in a first or second offense, respectively.
744          [(3) Any penalty which is not paid may be collected by the director by either referring
745     the matter to a collection agency or bringing an action in the district court of the county in
746     which the person against whom the penalty is imposed resides or in the county where the office
747     of the director is located. Any county attorney or the attorney general of the state shall provide
748     legal assistance and advice to the director in any action to collect the penalty. In any action
749     brought to enforce the provisions of this section, reasonable attorney's fees and costs shall be
750     awarded to the division.]
751          (3) (a) The director may collect a penalty that is not paid by:
752          (i) referring the matter to a collection agency; or
753          (ii) bringing an action in the district court of the county where the person against whom
754     the penalty is imposed resides or in the county where the office of the director is located.
755          (b) A county attorney or the attorney general of the state shall provide legal assistance
756     and advice to the director in an action to collect a penalty.
757          (c) A court shall award reasonable attorney fees and costs to the prevailing party in an
758     action brought by the division to collect a penalty.
759          Section 12. Section 58-24b-302 is amended to read:
760          58-24b-302. Licensure.
761          (1) An applicant for a license as a physical therapist shall:
762          (a) be of good moral character;
763          (b) complete the application process, including payment of fees;
764          (c) submit proof of graduation from a professional physical therapist education
765     program that is accredited by a recognized accreditation agency;
766          (d) after complying with Subsection (1)(c), pass a licensing examination;
767          (e) be able to read, write, speak, understand, and be understood in the English language
768     and demonstrate proficiency to the satisfaction of the board if requested by the board; [and]
769          (f) if the applicant is applying to participate in the Physical Therapy Licensure

770     Compact under Chapter 24c, Physical Therapy Licensure Compact, consent to a criminal
771     background check in accordance with Section 58-24b-302.1 and any requirements established
772     by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act;
773     and
774          [(f)] (g) meet any other requirements established by the division, by rule made in
775     accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
776          (2) An applicant for a license as a physical therapist assistant shall:
777          (a) be of good moral character;
778          (b) complete the application process, including payment of fees set by the division, in
779     accordance with Section 63J-1-504, to recover the costs of administering the licensing
780     requirements relating to physical therapist assistants;
781          (c) submit proof of graduation from a physical therapist assistant education program
782     that is accredited by a recognized accreditation agency;
783          (d) after complying with Subsection (2)(c), pass a licensing examination approved by
784     division rule made in collaboration with the board and in accordance with Title 63G, Chapter
785     3, Utah Administrative Rulemaking Act;
786          (e) be able to read, write, speak, understand, and be understood in the English language
787     and demonstrate proficiency to the satisfaction of the board if requested by the board;
788          (f) submit to, and pass, a criminal background check, in accordance with Section
789     58-24b-302.1 and standards established by rule made in accordance with Title 63G, Chapter 3,
790     Utah Administrative Rulemaking Act; and
791          (g) meet any other requirements established by the division, by rule made in
792     accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
793          (3) An applicant for a license as a physical therapist who is educated outside of the
794     United States shall:
795          (a) be of good moral character;
796          (b) complete the application process, including payment of fees;
797          (c) (i) provide satisfactory evidence that the applicant graduated from a professional
798     physical therapist education program that is accredited by a recognized accreditation agency; or
799          (ii) (A) provide satisfactory evidence that the applicant graduated from a physical
800     therapist education program that prepares the applicant to engage in the practice of physical

801     therapy, without restriction;
802          (B) provide satisfactory evidence that the education program described in Subsection
803     (3)(c)(ii)(A) is recognized by the government entity responsible for recognizing a physical
804     therapist education program in the country where the program is located; and
805          (C) pass a credential evaluation to ensure that the applicant has satisfied uniform
806     educational requirements;
807          (d) after complying with Subsection (3)(c), pass a licensing examination;
808          (e) be able to read, write, speak, understand, and be understood in the English language
809     and demonstrate proficiency to the satisfaction of the board if requested by the board; [and]
810          (f) if the applicant is applying to participate in the Physical Therapy Licensure
811     Compact under Chapter 24c, Physical Therapy Licensure Compact, consent to a criminal
812     background check in accordance with Section 58-24b-302.1 and any requirements established
813     by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act;
814     and
815          [(f)] (g) meet any other requirements established by the division, by rule made in
816     accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
817          (4) The division shall issue a license to a person who holds a current unrestricted
818     license to practice physical therapy in a state, district, or territory of the United States of
819     America, other than Utah, if the person:
820          (a) is of good moral character;
821          (b) completes the application process, including payment of fees; [and]
822          (c) is able to read, write, speak, understand, and be understood in the English language
823     and demonstrate proficiency to the satisfaction of the board if requested by the board[.];
824          (d) if the applicant is applying to participate in the Physical Therapy Licensure
825     Compact under Chapter 24c, Physical Therapy Licensure Compact, consents to a criminal
826     background check in accordance with Section 58-24b-302.1 and any requirements established
827     by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act;
828     and
829          (e) meets any other requirements established by the division, by rule made in
830     accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
831          (5) (a) Notwithstanding Subsection 58-1-307(1)(c), an individual may not engage in an

832     internship in physical therapy, unless the person is:
833          (i) certified by the division; or
834          (ii) exempt from licensure under Section 58-24b-304.
835          (b) The provisions of Subsection (5)(a) apply, regardless of whether the individual is
836     participating in the supervised clinical training program for the purpose of becoming a physical
837     therapist or a physical therapist assistant.
838          Section 13. Section 58-24b-302.1 is enacted to read:
839          58-24b-302.1. Criminal background check.
840          (1) An applicant for licensure under this chapter who requires a criminal background
841     check shall:
842          (a) submit fingerprint cards in a form acceptable to the division at the time the license
843     application is filed; and
844          (b) consent to a fingerprint background check conducted by the Bureau of Criminal
845     Identification and the Federal Bureau of Investigation regarding the application.
846          (2) The division shall:
847          (a) in addition to other fees authorized by this chapter, collect from each applicant
848     submitting fingerprints in accordance with this section the fee that the Bureau of Criminal
849     Identification is authorized to collect for the services provided under Section 53-10-108 and the
850     fee charged by the Federal Bureau of Investigation for fingerprint processing for the purpose of
851     obtaining federal criminal history record information;
852          (b) submit from each applicant the fingerprint card and the fees described in
853     Subsection (2)(a) to the Bureau of Criminal Identification; and
854          (c) obtain and retain in division records a signed waiver approved by the Bureau of
855     Criminal Identification in accordance with Section 53-10-108 for each applicant.
856          (3) The Bureau of Criminal Identification shall, in accordance with the requirements of
857     Section 53-10-108:
858          (a) check the fingerprints submitted under Subsection (2)(b) against the applicable state
859     and regional criminal records databases;
860          (b) forward the fingerprints to the Federal Bureau of Investigation for a national
861     criminal history background check; and
862          (c) provide the results from the state, regional, and nationwide criminal history

863     background checks to the division.
864          (4) For purposes of conducting a criminal background check required under this
865     section, the division shall have direct access to criminal background information maintained
866     under Title 53, Chapter 10, Part 2, Bureau of Criminal Identification.
867          (5) The division may not disseminate outside of the division any criminal history
868     record information that the division obtains from the Bureau of Criminal Identification or the
869     Federal Bureau of Investigation under the criminal background check requirements of this
870     section.
871          (6) (a) A new physical therapist assistant license issued under Subsection
872     58-24b-302(2) is conditional pending completion of the criminal background check.
873          (b) Notwithstanding Title 63G, Chapter 4, Administrative Procedures Act, if the
874     criminal background check required in Subsection 58-24b-302(2) demonstrates the applicant
875     has failed to accurately disclose a criminal history, the license is immediately and automatically
876     revoked upon notice to the licensee by the division.
877          (c) A person whose conditional license has been revoked under Subsection (6)(b) is
878     entitled to a postrevocation hearing to challenge the revocation.
879          (d) The division shall conduct a postrevocation hearing in accordance with Title 63G,
880     Chapter 4, Administrative Procedures Act.
881          (7) The division may not issue a letter of qualification to participate in the Physical
882     Therapy Licensure Compact until the criminal background check described in this section is
883     completed.
884          Section 14. Section 58-24b-303 is amended to read:
885          58-24b-303. Term of license -- Renewal -- Temporary license for physical
886     therapist assistant.
887          (1) A license issued under this chapter shall be issued in accordance with a two-year
888     renewal cycle established by rule. The division may, by rule, extend or shorten a license
889     renewal process by one year in order to stagger the renewal cycles that the division administers.
890          (2) At the time of license renewal, the licensee shall provide satisfactory evidence that
891     the licensee completed continuing education competency requirements, established by the
892     division, by rule.
893          (3) If a license renewal cycle is shortened or extended under Subsection (1), the

894     division shall increase or reduce the required continuing education competency requirements
895     accordingly.
896          (4) A license issued under this chapter expires on the expiration date indicated on the
897     license, unless the license is renewed under this section.
898          [(5) Notwithstanding any other provision of this chapter, the division may, by rule,
899     grant a temporary license, that expires on July 1, 2014, as a physical therapist assistant to an
900     individual who:]
901          [(a) was working as a physical therapist assistant in Utah before July 1, 2009; and]
902          [(b) complies with the requirements described in Subsections 58-24b-302(2)(a), (b),
903     (c), (e), and (f).]
904          Section 15. Section 58-28-503 is amended to read:
905          58-28-503. Penalty for unlawful or unprofessional conduct.
906          (1) Any person who violates the unlawful conduct provisions of Section 58-28-501 is
907     guilty of a third degree felony.
908          (2) After proceeding pursuant to Title 63G, Chapter 4, Administrative Procedures Act,
909     and Chapter 1, Division of Occupational and Professional Licensing Act, the division may
910     impose administrative penalties of up to $10,000 for acts of unprofessional conduct or
911     unlawful conduct under this chapter.
912          (3) Assessment of a penalty under this section does not affect any other action the
913     division is authorized to take regarding a license issued under this chapter.
914          (4) (a) The director may collect a penalty that is not paid by:
915          (i) referring the matter to a collection agency; or
916          (ii) bringing an action in the district court of the county where the person against whom
917     the penalty is imposed resides or in the county where the office of the director is located.
918          (b) A county attorney or the attorney general of the state shall provide legal assistance
919     and advice to the director in an action to collect a penalty.
920          (c) A court shall award reasonable attorney fees and costs to the prevailing party in an
921     action brought by the division to collect a penalty.
922          Section 16. Section 58-31b-201 is amended to read:
923          58-31b-201. Board.
924          (1) There is created the Board of Nursing that consists of the following 11 members:

925          (a) nine nurses in a manner as may be further defined in division rule; and
926          (b) two members of the public.
927          (2) The board shall be appointed and serve in accordance with Section 58-1-201.
928          (3) The board shall carry out the duties and responsibilities in Sections 58-1-202 and
929     58-1-203 and shall:
930          (a) (i) recommend to the division minimum standards for educational programs
931     qualifying a person for licensure or certification under this chapter;
932          (ii) recommend to the division denial, approval, or withdrawal of approval regarding
933     educational programs that meet or fail to meet the established minimum standards; and
934          (iii) designate one of its members on a permanent or rotating basis to:
935          (A) assist the division in reviewing complaints concerning the unlawful or
936     unprofessional conduct of a licensee; and
937          (B) advise the division in its investigation of these complaints.
938          (b) A board member who has, under Subsection (3)(a)(iii), reviewed a complaint or
939     advised in its investigation may be disqualified from participating with the board when the
940     board serves as a presiding officer in an adjudicative proceeding concerning the complaint.
941          [(4) (a) The director shall appoint an individual to serve as an ex officio member of the
942     Board of Nursing to represent the position of the division in matters considered by the board.]
943          [(b) The ex officio member shall be a licensed registered nurse, shall have earned a
944     masters degree in nursing, and shall have a minimum of five years of experience working in
945     nursing administration or nursing education.]
946          Section 17. Section 58-31b-302 is amended to read:
947          58-31b-302. Qualifications for licensure or certification -- Criminal background
948     checks.
949          (1) An applicant for certification as a medication aide shall:
950          (a) submit an application to the division on a form prescribed by the division;
951          (b) pay a fee to the division as determined under Section 63J-1-504;
952          (c) have a high school diploma or its equivalent;
953          (d) have a current certification as a nurse aide, in good standing, from the Department
954     of Health;
955          (e) have a minimum of 2,000 hours of experience within the two years prior to

956     application, working as a certified nurse aide in a long-term care facility;
957          (f) obtain letters of recommendation from a long-term care facility administrator and
958     one licensed nurse familiar with the applicant's work practices as a certified nurse aide;
959          (g) be in a condition of physical and mental health that will permit the applicant to
960     practice safely as a medication aide certified;
961          (h) have completed an approved education program or an equivalent as determined by
962     the division in collaboration with the board;
963          (i) have passed the examinations as required by division rule made in collaboration
964     with the board; and
965          (j) meet with the board, if requested, to determine the applicant's qualifications for
966     certification.
967          (2) An applicant for licensure as a licensed practical nurse shall:
968          (a) submit to the division an application in a form prescribed by the division;
969          (b) pay to the division a fee determined under Section 63J-1-504;
970          (c) have a high school diploma or its equivalent;
971          (d) be in a condition of physical and mental health that will permit the applicant to
972     practice safely as a licensed practical nurse;
973          (e) have completed an approved practical nursing education program or an equivalent
974     as determined by the board;
975          (f) have passed the examinations as required by division rule made in collaboration
976     with the board; and
977          (g) meet with the board, if requested, to determine the applicant's qualifications for
978     licensure.
979          (3) An applicant for licensure as a registered nurse shall:
980          (a) submit to the division an application form prescribed by the division;
981          (b) pay to the division a fee determined under Section 63J-1-504;
982          (c) have a high school diploma or its equivalent;
983          (d) be in a condition of physical and mental health that will allow the applicant to
984     practice safely as a registered nurse;
985          (e) have completed an approved registered nursing education program;
986          (f) have passed the examinations as required by division rule made in collaboration

987     with the board; and
988          (g) meet with the board, if requested, to determine the applicant's qualifications for
989     licensure.
990          (4) Applicants for licensure as an advanced practice registered nurse shall:
991          (a) submit to the division an application on a form prescribed by the division;
992          (b) pay to the division a fee determined under Section 63J-1-504;
993          (c) be in a condition of physical and mental health which will allow the applicant to
994     practice safely as an advanced practice registered nurse;
995          (d) hold a current registered nurse license in good standing issued by the state or be
996     qualified at the time for licensure as a registered nurse;
997          (e) (i) have earned a graduate degree in:
998          (A) an advanced practice registered nurse nursing education program; or
999          (B) a related area of specialized knowledge as determined appropriate by the division
1000     in collaboration with the board; or
1001          (ii) have completed a nurse anesthesia program in accordance with Subsection
1002     (4)(f)(ii);
1003          (f) have completed:
1004          (i) course work in patient assessment, diagnosis and treatment, and
1005     pharmacotherapeutics from an education program approved by the division in collaboration
1006     with the board; or
1007          (ii) a nurse anesthesia program which is approved by the Council on Accreditation of
1008     Nurse Anesthesia Educational Programs;
1009          (g) to practice within the psychiatric mental health nursing specialty, demonstrate, as
1010     described in division rule, that the applicant, after completion of a doctorate or master's degree
1011     required for licensure, is in the process of completing the applicant's clinical practice
1012     requirements in psychiatric mental health nursing, including in psychotherapy;
1013          (h) have passed the examinations as required by division rule made in collaboration
1014     with the board;
1015          (i) be currently certified by a program approved by the division in collaboration with
1016     the board and submit evidence satisfactory to the division of the certification; and
1017          (j) meet with the board, if requested, to determine the applicant's qualifications for

1018     licensure.
1019          (5) For each applicant for licensure or certification under this chapter:
1020          (a) the applicant shall:
1021          (i) submit fingerprint cards in a form acceptable to the division at the time the
1022     application is filed; and
1023          (ii) consent to a fingerprint background check conducted by the [Utah] Bureau of
1024     Criminal Identification and the Federal Bureau of Investigation regarding the application; [and]
1025          [(b) the division shall request the Department of Public Safety to complete a Federal
1026     Bureau of Investigation criminal background check through the national criminal history
1027     system (NCIC) or any successor system.]
1028          (b) the division shall:
1029          (i) in addition to other fees authorized by this chapter, collect from each applicant
1030     submitting fingerprints in accordance with this section the fee that the Bureau of Criminal
1031     Identification is authorized to collect for the services provided under Section 53-10-108 and the
1032     fee charged by the Federal Bureau of Investigation for fingerprint processing for the purpose of
1033     obtaining federal criminal history record information;
1034          (ii) submit from each applicant the fingerprint card and the fees described in this
1035     Subsection (5)(b) to the Bureau of Criminal Identification; and
1036          (iii) obtain and retain in division records a signed waiver approved by the Bureau of
1037     Criminal Identification in accordance with Section 53-10-108 for each applicant; and
1038          (c) the Bureau of Criminal Identification shall, in accordance with the requirements of
1039     Section 53-10-108:
1040          (i) check the fingerprints submitted under Subsection (5)(b) against the applicable state
1041     and regional criminal records databases;
1042          (ii) forward the fingerprints to the Federal Bureau of Investigation for a national
1043     criminal history background check; and
1044          (iii) provide the results from the state, regional, and nationwide criminal history
1045     background checks to the division.
1046          (6) For purposes of conducting the criminal background checks required in Subsection
1047     (5), the division shall have direct access to criminal background information maintained
1048     pursuant to Title 53, Chapter 10, Part 2, Bureau of Criminal Identification.

1049          (7) (a) (i) Any new nurse license or certification issued under this section shall be
1050     conditional, pending completion of the criminal background check.
1051          (ii) [If] Notwithstanding Title 63G, Chapter 4, Administrative Procedures Act, if the
1052     criminal background check discloses the applicant has failed to accurately disclose a criminal
1053     history, the license or certification shall be immediately and automatically revoked upon notice
1054     to the licensee by the division.
1055          (b) (i) [Any] A person whose conditional license or certification has been revoked
1056     under Subsection (7)(a) [shall be] is entitled to a postrevocation hearing to challenge the
1057     revocation.
1058          (ii) [The] A postrevocation hearing shall be conducted in accordance with Title 63G,
1059     Chapter 4, Administrative Procedures Act.
1060          (8) [(a)] If a person has been charged with a violent felony, as defined in Subsection
1061     76-3-203.5(1)(c), and, as a result, the person has been convicted, entered a plea of guilty or
1062     nolo contendere, or entered a plea of guilty or nolo contendere held in abeyance pending the
1063     successful completion of probation[: (i)], the person is disqualified for licensure under this
1064     chapter[;] and:
1065          [(ii) (A)] (a) if the person is licensed under this chapter, the division:
1066          [(I)] (i) shall act upon the license as required under Section 58-1-401; and
1067          [(II)] (ii) may not renew or subsequently issue a license to the person under this
1068     chapter; and
1069          [(B)] (b) if the person is not licensed under this chapter, the division may not issue a
1070     license to the person under this chapter.
1071          [(b)] (9) If a person has been charged with a felony other than a violent felony, as
1072     defined in Subsection 76-3-203.5(1)(c), and, as a result, the person has been convicted, entered
1073     a plea of guilty or nolo contendere, or entered a plea of guilty or nolo contendere held in
1074     abeyance pending the successful completion of probation[: (i) if the person is licensed under
1075     this chapter], the division shall determine whether the felony disqualifies the person for
1076     licensure under this chapter and act upon the license, as required, in accordance with Section
1077     58-1-401[; and].
1078          [(ii) if the person is not licensed under this chapter, the person may not file an
1079     application for licensure under this chapter any sooner than five years after having completed

1080     the conditions of the sentence or plea agreement.]
1081          (10) The division may not disseminate outside of the division any criminal history
1082     record information that the division obtains from the Bureau of Criminal Identification or the
1083     Federal Bureau of Investigation under the criminal background check requirements of this
1084     section.
1085          Section 18. Section 58-31b-503 is amended to read:
1086          58-31b-503. Penalties and administrative actions for unlawful conduct and
1087     unprofessional conduct.
1088          (1) Any person who violates the unlawful conduct provision specifically defined in
1089     Subsection 58-1-501(1)(a) is guilty of a third degree felony.
1090          (2) Any person who violates any of the unlawful conduct provisions specifically
1091     defined in Subsections 58-1-501(1)(b) through (f) and 58-31b-501(1)(d) is guilty of a class A
1092     misdemeanor.
1093          (3) Any person who violates any of the unlawful conduct provisions specifically
1094     defined in this chapter and not set forth in Subsection (1) or (2) is guilty of a class B
1095     misdemeanor.
1096          (4) (a) Subject to Subsection (6) and in accordance with Section 58-31b-401, for acts
1097     of unprofessional or unlawful conduct, the division may:
1098          (i) assess administrative penalties; and
1099          (ii) take any other appropriate administrative action.
1100          (b) An administrative penalty imposed pursuant to this section shall be deposited in the
1101     "Nurse Education and Enforcement Account" as provided in Section 58-31b-103.
1102          (5) If a licensee has been convicted of violating Section 58-31b-501 prior to an
1103     administrative finding of a violation of the same section, the licensee may not be assessed an
1104     administrative fine under this chapter for the same offense for which the conviction was
1105     obtained.
1106          (6) (a) If upon inspection or investigation, the division concludes that a person has
1107     violated the provisions of Section 58-31b-401, 58-31b-501, or 58-31b-502, Chapter 1, Division
1108     of Occupational and Professional Licensing Act, Chapter 37, Utah Controlled Substances Act,
1109     or any rule or order issued with respect to these provisions, and that disciplinary action is
1110     appropriate, the director or the director's designee from within the division shall:

1111          (i) promptly issue a citation to the person according to this chapter and any pertinent
1112     administrative rules;
1113          (ii) attempt to negotiate a stipulated settlement; or
1114          (iii) notify the person to appear before an adjudicative proceeding conducted under
1115     Title 63G, Chapter 4, Administrative Procedures Act.
1116          (b) Any person who is in violation of a provision described in Subsection (6)(a), as
1117     evidenced by an uncontested citation, a stipulated settlement, or a finding of violation in an
1118     adjudicative proceeding may be assessed a fine:
1119          (i) pursuant to this Subsection (6) of up to $10,000 per single violation or up to $2,000
1120     per day of ongoing violation, whichever is greater, in accordance with a fine schedule
1121     established by rule; and
1122          (ii) in addition to or in lieu of the fine imposed under Subsection (6)(b)(i), be ordered
1123     to cease and desist from violating a provision of Sections 58-31b-501 and 58-31b-502, Chapter
1124     1, Division of Occupational and Professional Licensing Act, Chapter 37, Utah Controlled
1125     Substances Act, or any rule or order issued with respect to those provisions.
1126          (c) Except for an administrative fine and a cease and desist order, the licensure
1127     sanctions cited in Section 58-31b-401 may not be assessed through a citation.
1128          (d) Each citation issued under this section shall:
1129          (i) be in writing; and
1130          (ii) clearly describe or explain:
1131          (A) the nature of the violation, including a reference to the provision of the chapter,
1132     rule, or order alleged to have been violated;
1133          (B) that the recipient must notify the division in writing within 20 calendar days of
1134     service of the citation in order to contest the citation at a hearing conducted under Title 63G,
1135     Chapter 4, Administrative Procedures Act; and
1136          (C) the consequences of failure to timely contest the citation or to make payment of
1137     any fines assessed by the citation within the time specified in the citation; and
1138          (iii) be served upon any person upon whom a summons may be served:
1139          (A) in accordance with the Utah Rules of Civil Procedure;
1140          (B) personally or upon the person's agent by a division investigator or by any person
1141     specially designated by the director; or

1142          (C) by mail.
1143          (e) If within 20 calendar days from the service of a citation, the person to whom the
1144     citation was issued fails to request a hearing to contest the citation, the citation becomes the
1145     final order of the division and is not subject to further agency review. The period to contest the
1146     citation may be extended by the division for cause.
1147          (f) The division may refuse to issue or renew, suspend, revoke, or place on probation
1148     the license of a licensee who fails to comply with the citation after it becomes final.
1149          (g) The failure of an applicant for licensure to comply with a citation after it becomes
1150     final is a ground for denial of license.
1151          (h) No citation may be issued under this section after the expiration of six months
1152     following the occurrence of any violation.
1153          (7) (a) The director may collect a penalty that is not paid by:
1154          (i) referring the matter to a collection agency; or
1155          (ii) bringing an action in the district court of the county where the person against whom
1156     the penalty is imposed resides or in the county where the office of the director is located.
1157          (b) A county attorney or the attorney general of the state shall provide legal assistance
1158     and advice to the director in an action to collect a penalty.
1159          (c) A court shall award reasonable attorney fees and costs to the prevailing party in an
1160     action brought by the division to collect a penalty.
1161          Section 19. Section 58-37-6 is amended to read:
1162          58-37-6. License to manufacture, produce, distribute, dispense, administer, or
1163     conduct research -- Issuance by division -- Denial, suspension, or revocation -- Records
1164     required -- Prescriptions.
1165          (1) (a) The division may adopt rules relating to the licensing and control of the
1166     manufacture, distribution, production, prescription, administration, dispensing, conducting of
1167     research with, and performing of laboratory analysis upon controlled substances within this
1168     state.
1169          (b) The division may assess reasonable fees to defray the cost of issuing original and
1170     renewal licenses under this chapter pursuant to Section 63J-1-504.
1171          (2) (a) (i) Every person who manufactures, produces, distributes, prescribes, dispenses,
1172     administers, conducts research with, or performs laboratory analysis upon any controlled

1173     substance in Schedules I through V within this state, or who proposes to engage in
1174     manufacturing, producing, distributing, prescribing, dispensing, administering, conducting
1175     research with, or performing laboratory analysis upon controlled substances included in
1176     Schedules I through V within this state shall obtain a license issued by the division.
1177          (ii) The division shall issue each license under this chapter in accordance with a
1178     two-year renewal cycle established by rule. The division may by rule extend or shorten a
1179     renewal period by as much as one year to stagger the renewal cycles it administers.
1180          (b) Persons licensed to manufacture, produce, distribute, prescribe, dispense,
1181     administer, conduct research with, or perform laboratory analysis upon controlled substances in
1182     Schedules I through V within this state may possess, manufacture, produce, distribute,
1183     prescribe, dispense, administer, conduct research with, or perform laboratory analysis upon
1184     those substances to the extent authorized by their license and in conformity with this chapter.
1185          (c) The following persons are not required to obtain a license and may lawfully possess
1186     controlled substances included in Schedules II through V under this section:
1187          (i) an agent or employee, except a sales representative, of any registered manufacturer,
1188     distributor, or dispenser of any controlled substance, if the agent or employee is acting in the
1189     usual course of the person's business or employment; however, nothing in this subsection shall
1190     be interpreted to permit an agent, employee, sales representative, or detail man to maintain an
1191     inventory of controlled substances separate from the location of the person's employer's
1192     registered and licensed place of business;
1193          (ii) a motor carrier or warehouseman, or an employee of a motor carrier or
1194     warehouseman, who possesses any controlled substance in the usual course of the person's
1195     business or employment; and
1196          (iii) an ultimate user, or any person who possesses any controlled substance pursuant to
1197     a lawful order of a practitioner.
1198          (d) The division may enact rules waiving the license requirement for certain
1199     manufacturers, producers, distributors, prescribers, dispensers, administrators, research
1200     practitioners, or laboratories performing analysis if consistent with the public health and safety.
1201          (e) A separate license is required at each principal place of business or professional
1202     practice where the applicant manufactures, produces, distributes, dispenses, conducts research
1203     with, or performs laboratory analysis upon controlled substances.

1204          (f) The division may enact rules providing for the inspection of a licensee or applicant's
1205     establishment, and may inspect the establishment according to those rules.
1206          (3) (a) (i) Upon proper application, the division shall license a qualified applicant to
1207     manufacture, produce, distribute, conduct research with, or perform laboratory analysis upon
1208     controlled substances included in Schedules I through V, unless it determines that issuance of a
1209     license is inconsistent with the public interest.
1210          (ii) The division may not issue a license to any person to prescribe, dispense, or
1211     administer a Schedule I controlled substance except under Subsection (3)(a)(i).
1212          (iii) In determining public interest under this Subsection (3)(a), the division shall
1213     consider whether or not the applicant has:
1214          (A) maintained effective controls against diversion of controlled substances and any
1215     Schedule I or II substance compounded from any controlled substance into other than
1216     legitimate medical, scientific, or industrial channels;
1217          (B) complied with applicable state and local law;
1218          (C) been convicted under federal or state laws relating to the manufacture, distribution,
1219     or dispensing of substances;
1220          (D) past experience in the manufacture of controlled dangerous substances;
1221          (E) established effective controls against diversion; and
1222          (F) complied with any other factors that the division establishes that promote the public
1223     health and safety.
1224          (b) Licenses granted under Subsection (3)(a) do not entitle a licensee to manufacture,
1225     produce, distribute, conduct research with, or perform laboratory analysis upon controlled
1226     substances in Schedule I other than those specified in the license.
1227          (c) (i) Practitioners shall be licensed to administer, dispense, or conduct research with
1228     substances in Schedules II through V if they are authorized to administer, dispense, or conduct
1229     research under the laws of this state.
1230          (ii) The division need not require a separate license for practitioners engaging in
1231     research with nonnarcotic controlled substances in Schedules II through V where the licensee is
1232     already licensed under this chapter in another capacity.
1233          (iii) With respect to research involving narcotic substances in Schedules II through V,
1234     or where the division by rule requires a separate license for research of nonnarcotic substances

1235     in Schedules II through V, a practitioner shall apply to the division prior to conducting
1236     research.
1237          (iv) Licensing for purposes of bona fide research with controlled substances by a
1238     practitioner considered qualified may be denied only on a ground specified in Subsection (4),
1239     or upon evidence that the applicant will abuse or unlawfully transfer or fail to safeguard
1240     adequately the practitioner's supply of substances against diversion from medical or scientific
1241     use.
1242          (v) Practitioners registered under federal law to conduct research in Schedule I
1243     substances may conduct research in Schedule I substances within this state upon furnishing the
1244     division evidence of federal registration.
1245          (d) Compliance by manufacturers, producers, and distributors with the provisions of
1246     federal law respecting registration, excluding fees, entitles them to be licensed under this
1247     chapter.
1248          (e) The division shall initially license those persons who own or operate an
1249     establishment engaged in the manufacture, production, distribution, dispensation, or
1250     administration of controlled substances prior to April 3, 1980, and who are licensed by the
1251     state.
1252          (4) (a) Any license pursuant to Subsection (2) or (3) may be denied, suspended, placed
1253     on probation, or revoked by the division upon finding that the applicant or licensee has:
1254          (i) materially falsified any application filed or required pursuant to this chapter;
1255          (ii) been convicted of an offense under this chapter or any law of the United States, or
1256     any state, relating to any substance defined as a controlled substance;
1257          (iii) been convicted of a felony under any other law of the United States or any state
1258     within five years of the date of the issuance of the license;
1259          (iv) had a federal registration or license denied, suspended, or revoked by competent
1260     federal authority and is no longer authorized to manufacture, distribute, prescribe, or dispense
1261     controlled substances;
1262          (v) had the licensee's license suspended or revoked by competent authority of another
1263     state for violation of laws or regulations comparable to those of this state relating to the
1264     manufacture, distribution, or dispensing of controlled substances;
1265          (vi) violated any division rule that reflects adversely on the licensee's reliability and

1266     integrity with respect to controlled substances;
1267          (vii) refused inspection of records required to be maintained under this chapter by a
1268     person authorized to inspect them; or
1269          (viii) prescribed, dispensed, administered, or injected an anabolic steroid for the
1270     purpose of manipulating human hormonal structure so as to:
1271          (A) increase muscle mass, strength, or weight without medical necessity and without a
1272     written prescription by any practitioner in the course of the practitioner's professional practice;
1273     or
1274          (B) improve performance in any form of human exercise, sport, or game.
1275          (b) The division may limit revocation or suspension of a license to a particular
1276     controlled substance with respect to which grounds for revocation or suspension exist.
1277          (c) (i) Proceedings to deny, revoke, or suspend a license shall be conducted pursuant to
1278     this section and in accordance with the procedures set forth in Title 58, Chapter 1, Division of
1279     Occupational and Professional Licensing Act, and conducted in conjunction with the
1280     appropriate representative committee designated by the director of the department.
1281          (ii) Nothing in this Subsection (4)(c) gives the Division of Occupational and
1282     Professional Licensing exclusive authority in proceedings to deny, revoke, or suspend licenses,
1283     except where the division is designated by law to perform those functions, or, when not
1284     designated by law, is designated by the executive director of the Department of Commerce to
1285     conduct the proceedings.
1286          (d) (i) The division may suspend any license simultaneously with the institution of
1287     proceedings under this section if it finds there is an imminent danger to the public health or
1288     safety.
1289          (ii) Suspension shall continue in effect until the conclusion of proceedings, including
1290     judicial review, unless withdrawn by the division or dissolved by a court of competent
1291     jurisdiction.
1292          (e) (i) If a license is suspended or revoked under this Subsection (4), all controlled
1293     substances owned or possessed by the licensee may be placed under seal in the discretion of the
1294     division.
1295          (ii) Disposition may not be made of substances under seal until the time for taking an
1296     appeal has lapsed, or until all appeals have been concluded, unless a court, upon application,

1297     orders the sale of perishable substances and the proceeds deposited with the court.
1298          (iii) If a revocation order becomes final, all controlled substances shall be forfeited.
1299          (f) The division shall notify promptly the Drug Enforcement Administration of all
1300     orders suspending or revoking a license and all forfeitures of controlled substances.
1301          (g) If an individual's Drug Enforcement Administration registration is denied, revoked,
1302     surrendered, or suspended, the division shall immediately suspend the individual's controlled
1303     substance license, which shall only be reinstated by the division upon reinstatement of the
1304     federal registration, unless the division has taken further administrative action under
1305     Subsection (4)(a)(iv), which would be grounds for the continued denial of the controlled
1306     substance license.
1307          (5) (a) Persons licensed under Subsection (2) or (3) shall maintain records and
1308     inventories in conformance with the record keeping and inventory requirements of federal and
1309     state law and any additional rules issued by the division.
1310          (b) (i) Every physician, dentist, naturopathic physician, veterinarian, practitioner, or
1311     other person who is authorized to administer or professionally use a controlled substance shall
1312     keep a record of the drugs received by him and a record of all drugs administered, dispensed, or
1313     professionally used by him otherwise than by a prescription.
1314          (ii) A person using small quantities or solutions or other preparations of those drugs for
1315     local application has complied with this Subsection (5)(b) if the person keeps a record of the
1316     quantity, character, and potency of those solutions or preparations purchased or prepared by
1317     him, and of the dates when purchased or prepared.
1318          (6) Controlled substances in Schedules I through V may be distributed only by a
1319     licensee and pursuant to an order form prepared in compliance with division rules or a lawful
1320     order under the rules and regulations of the United States.
1321          (7) (a) A person may not write or authorize a prescription for a controlled substance
1322     unless the person is:
1323          (i) a practitioner authorized to prescribe drugs and medicine under the laws of this state
1324     or under the laws of another state having similar standards; and
1325          (ii) licensed under this chapter or under the laws of another state having similar
1326     standards.
1327          (b) A person other than a pharmacist licensed under the laws of this state, or the

1328     pharmacist's licensed intern, as required by Sections 58-17b-303 and 58-17b-304, may not
1329     dispense a controlled substance.
1330          (c) (i) A controlled substance may not be dispensed without the written prescription of
1331     a practitioner, if the written prescription is required by the federal Controlled Substances Act.
1332          (ii) That written prescription shall be made in accordance with Subsection (7)(a) and in
1333     conformity with Subsection (7)(d).
1334          (iii) In emergency situations, as defined by division rule, controlled substances may be
1335     dispensed upon oral prescription of a practitioner, if reduced promptly to writing on forms
1336     designated by the division and filed by the pharmacy.
1337          (iv) Prescriptions reduced to writing by a pharmacist shall be in conformity with
1338     Subsection (7)(d).
1339          (d) Except for emergency situations designated by the division, a person may not issue,
1340     fill, compound, or dispense a prescription for a controlled substance unless the prescription is
1341     signed by the prescriber in ink or indelible pencil or is signed with an electronic signature of
1342     the prescriber as authorized by division rule, and contains the following information:
1343          (i) the name, address, and registry number of the prescriber;
1344          (ii) the name, address, and age of the person to whom or for whom the prescription is
1345     issued;
1346          (iii) the date of issuance of the prescription; and
1347          (iv) the name, quantity, and specific directions for use by the ultimate user of the
1348     controlled substance.
1349          (e) A prescription may not be written, issued, filled, or dispensed for a Schedule I
1350     controlled substance unless:
1351          (i) the person who writes the prescription is licensed under Subsection (2); and
1352          (ii) the prescribed controlled substance is to be used in research.
1353          (f) Except when administered directly to an ultimate user by a licensed practitioner,
1354     controlled substances are subject to the restrictions of this Subsection (7)(f).
1355          (i) A prescription for a Schedule II substance may not be refilled.
1356          (ii) A Schedule II controlled substance may not be filled in a quantity to exceed a
1357     one-month's supply, as directed on the daily dosage rate of the prescriptions.
1358          (iii) (A) Except as provided in Subsection (7)(f)(iii)(B), a prescription for a Schedule II

1359     or Schedule III controlled substance that is an opiate and that is issued for an acute condition
1360     shall be completely or partially filled in a quantity not to exceed a seven-day supply as directed
1361     on the daily dosage rate of the prescription.
1362          (B) Subsection (7)(f)(iii)(A) does not apply to a prescription issued for a surgery when
1363     the practitioner determined that a quantity exceeding seven days is needed, in which case the
1364     practitioner may prescribe up to a 30-day supply, with a partial fill at the discretion of the
1365     practitioner.
1366          (C) Subsection (7)(f)(iii)(A) does not apply to prescriptions issued for complex or
1367     chronic conditions which are documented as being complex or chronic in the medical record.
1368          (D) A pharmacist is not required to verify that a prescription is in compliance with
1369     Subsection (7)(f)(iii).
1370          (iv) A Schedule III or IV controlled substance may be filled only within six months of
1371     issuance, and may not be refilled more than six months after the date of its original issuance or
1372     be refilled more than five times after the date of the prescription unless renewed by the
1373     practitioner.
1374          (v) All other controlled substances in Schedule V may be refilled as the prescriber's
1375     prescription directs, but they may not be refilled one year after the date the prescription was
1376     issued unless renewed by the practitioner.
1377          (vi) Any prescription for a Schedule II substance may not be dispensed if it is not
1378     presented to a pharmacist for dispensing by a pharmacist or a pharmacy intern within 30 days
1379     after the date the prescription was issued, or 30 days after the dispensing date, if that date is
1380     specified separately from the date of issue.
1381          (vii) A practitioner may issue more than one prescription at the same time for the same
1382     Schedule II controlled substance, but only under the following conditions:
1383          (A) no more than three prescriptions for the same Schedule II controlled substance may
1384     be issued at the same time;
1385          (B) no one prescription may exceed a 30-day supply; and
1386          (C) a second or third prescription shall include the date of issuance and the date for
1387     dispensing.
1388          (g) An order for a controlled substance in Schedules II through V for use by an
1389     inpatient or an outpatient of a licensed hospital is exempt from all requirements of this

1390     Subsection (7) if the order is:
1391          (i) issued or made by a prescribing practitioner who holds an unrestricted registration
1392     with the federal Drug Enforcement Administration, and an active Utah controlled substance
1393     license in good standing issued by the division under this section, or a medical resident who is
1394     exempted from licensure under Subsection 58-1-307(1)(c);
1395          (ii) authorized by the prescribing practitioner treating the patient and the prescribing
1396     practitioner designates the quantity ordered;
1397          (iii) entered upon the record of the patient, the record is signed by the prescriber
1398     affirming the prescriber's authorization of the order within 48 hours after filling or
1399     administering the order, and the patient's record reflects the quantity actually administered; and
1400          (iv) filled and dispensed by a pharmacist practicing the pharmacist's profession within
1401     the physical structure of the hospital, or the order is taken from a supply lawfully maintained by
1402     the hospital and the amount taken from the supply is administered directly to the patient
1403     authorized to receive it.
1404          (h) A practitioner licensed under this chapter may not prescribe, administer, or
1405     dispense a controlled substance to a child, without first obtaining the consent required in
1406     Section 78B-3-406 of a parent, guardian, or person standing in loco parentis of the child except
1407     in cases of an emergency. For purposes of this Subsection (7)(h), "child" has the same
1408     meaning as defined in Section 78A-6-105, and "emergency" means any physical condition
1409     requiring the administration of a controlled substance for immediate relief of pain or suffering.
1410          (i) A practitioner licensed under this chapter may not prescribe or administer dosages
1411     of a controlled substance in excess of medically recognized quantities necessary to treat the
1412     ailment, malady, or condition of the ultimate user.
1413          (j) A practitioner licensed under this chapter may not prescribe, administer, or dispense
1414     any controlled substance to another person knowing that the other person is using a false name,
1415     address, or other personal information for the purpose of securing the controlled substance.
1416          (k) A person who is licensed under this chapter to manufacture, distribute, or dispense
1417     a controlled substance may not manufacture, distribute, or dispense a controlled substance to
1418     another licensee or any other authorized person not authorized by this license.
1419          (l) A person licensed under this chapter may not omit, remove, alter, or obliterate a
1420     symbol required by this chapter or by a rule issued under this chapter.

1421          (m) A person licensed under this chapter may not refuse or fail to make, keep, or
1422     furnish any record notification, order form, statement, invoice, or information required under
1423     this chapter.
1424          (n) A person licensed under this chapter may not refuse entry into any premises for
1425     inspection as authorized by this chapter.
1426          (o) A person licensed under this chapter may not furnish false or fraudulent material
1427     information in any application, report, or other document required to be kept by this chapter or
1428     willfully make any false statement in any prescription, order, report, or record required by this
1429     chapter.
1430          (8) (a) (i) Any person licensed under this chapter who is found by the division to have
1431     violated any of the provisions of Subsections (7)(k) through (o) or Subsection (10) is subject to
1432     a penalty not to exceed $5,000. The division shall determine the procedure for adjudication of
1433     any violations in accordance with Sections 58-1-106 and 58-1-108.
1434          (ii) The division shall deposit all penalties collected under Subsection (8)(a)(i) in the
1435     General Fund as a dedicated credit to be used by the division under Subsection 58-37f-502(1).
1436          (iii) The director may collect a penalty that is not paid by:
1437          (A) referring the matter to a collection agency; or
1438          (B) bringing an action in the district court of the county where the person against
1439     whom the penalty is imposed resides or in the county where the office of the director is located.
1440          (iv) A county attorney or the attorney general of the state shall provide legal assistance
1441     and advice to the director in an action to collect a penalty.
1442          (v) A court shall award reasonable attorney fees and costs to the prevailing party in an
1443     action brought by the division to collect a penalty.
1444          (b) Any person who knowingly and intentionally violates Subsections (7)(h) through (j)
1445     or Subsection (10) is:
1446          (i) upon first conviction, guilty of a class B misdemeanor;
1447          (ii) upon second conviction, guilty of a class A misdemeanor; and
1448          (iii) on third or subsequent conviction, guilty of a third degree felony.
1449          (c) Any person who knowingly and intentionally violates Subsections (7)(k) through
1450     (o) shall upon conviction be guilty of a third degree felony.
1451          (9) Any information communicated to any licensed practitioner in an attempt to

1452     unlawfully procure, or to procure the administration of, a controlled substance is not considered
1453     to be a privileged communication.
1454          (10) A person holding a valid license under this chapter who is engaged in medical
1455     research may produce, possess, administer, prescribe, or dispense a controlled substance for
1456     research purposes as licensed under Subsection (2) but may not otherwise prescribe or dispense
1457     a controlled substance listed in Section 58-37-4.2.
1458          Section 20. Section 58-37-6.5 is amended to read:
1459          58-37-6.5. Continuing education for controlled substance prescribers.
1460          (1) For the purposes of this section:
1461          (a) "Controlled substance prescriber" means an individual, other than a veterinarian,
1462     who:
1463          (i) is licensed to prescribe a controlled substance under Title 58, Chapter 37, Utah
1464     Controlled Substances Act; and
1465          (ii) possesses the authority, in accordance with the individual's scope of practice, to
1466     prescribe schedule II controlled substances and schedule III controlled substances that are
1467     applicable to opioid narcotics, hypnotic depressants, or psychostimulants.
1468          (b) "D.O." means an osteopathic physician and surgeon licensed under Title 58,
1469     Chapter 68, Utah Osteopathic Medical Practice Act.
1470          (c) "FDA" means the United States Food and Drug Administration.
1471          (d) "M.D." means a physician and surgeon licensed under Title 58, Chapter 67, Utah
1472     Medical Practice Act.
1473          (e) "SBIRT" means the Screening, Brief Intervention, and Referral to Treatment
1474     approach used by the federal Substance Abuse and Mental Health Services Administration or
1475     defined by the division, in consultation with the Division of Substance Abuse and Mental
1476     Health, by administrative rule, in accordance with Title 63G, Chapter 3, Utah Administrative
1477     Rulemaking Act.
1478          (2) (a) Beginning with the licensing period that begins after January 1, 2014, as a
1479     condition precedent for license renewal, each controlled substance prescriber shall complete at
1480     least [four] 3.5 continuing education hours per licensing period that satisfy the requirements of
1481     [Subsections] Subsection (3) [and (4)].
1482          (b) (i) Beginning with the licensing period that begins after January 1, 2024, as a

1483     condition precedent for license renewal, each controlled substance prescriber shall complete at
1484     least 3.5 continuing education hours in an SBIRT-training class that satisfies the requirements
1485     of Subsection [(5)] (4).
1486          (ii) Completion of the SBIRT-training class, in compliance with Subsection (2)(b)(i),
1487     fulfills the continuing education hours requirement in Subsection [(4)] (3) for the licensing
1488     period in which the class was completed.
1489          (iii) A controlled substance prescriber:
1490          (A) need only take the SBIRT-training class once during the controlled substance
1491     prescriber's licensure in the state; and
1492          (B) shall provide a completion record of the SBIRT-training class in order to be
1493     reimbursed for SBIRT services to patients, in accordance with Section 26-18-22 and Section
1494     49-20-416.
1495          [(3) As provided in Subsection 58-37f-402(8), the online tutorial and passing the
1496     online test described in Section 58-37f-402 shall count as 1/2 hour of continuing professional
1497     education under Subsection (2) per licensing period.]
1498          [(4)] (3) A controlled substance prescriber shall complete at least 3.5 hours of
1499     continuing education in one or more controlled substance prescribing classes, except dentists
1500     who shall complete at least two hours, that satisfy the requirements of Subsections [(5)] (4) and
1501     [(7)] (6).
1502          [(5)] (4) A controlled substance prescribing class shall:
1503          (a) satisfy the division's requirements for the continuing education required for the
1504     renewal of the controlled substance prescriber's respective license type;
1505          (b) be delivered by an accredited or approved continuing education provider
1506     recognized by the division as offering continuing education appropriate for the controlled
1507     substance prescriber's respective license type; and
1508          (c) include a postcourse knowledge assessment.
1509          [(6)] (5) An M.D. or D.O. completing continuing professional education hours under
1510     Subsection (4) shall complete those hours in classes that qualify for the American Medical
1511     Association Physician's Recognition Award Category 1 Credit.
1512          [(7)] (6) The 3.5 hours of the controlled substance prescribing classes under Subsection
1513     (4) shall include educational content covering the following:

1514          (a) the scope of the controlled substance abuse problem in Utah and the nation;
1515          (b) all elements of the FDA Blueprint for Prescriber Education under the FDA's
1516     Extended-Release and Long-Acting Opioid Analgesics Risk Evaluation and Mitigation
1517     Strategy, as published July 9, 2012, or as it may be subsequently revised;
1518          (c) the national and Utah-specific resources available to prescribers to assist in
1519     appropriate controlled substance and opioid prescribing;
1520          (d) patient record documentation for controlled substance and opioid prescribing; and
1521          (e) office policies, procedures, and implementation.
1522          [(8)] (7) (a) The division, in consultation with the Utah Medical Association
1523     Foundation, shall determine whether a particular controlled substance prescribing class satisfies
1524     the educational content requirements of Subsections [(5)] (4) and [(7)] (6) for an M.D. or D.O.
1525          (b) The division, in consultation with the applicable professional licensing boards,
1526     shall determine whether a particular controlled substance prescribing class satisfies the
1527     educational content requirements of Subsections [(5)] (4) and [(7)] (6) for a controlled
1528     substance prescriber other than an M.D. or D.O.
1529          (c) The division may by rule establish a committee that may audit compliance with the
1530     Utah Risk Evaluation and Mitigation Strategy (REMS) Educational Programming Project
1531     grant, that satisfies the educational content requirements of Subsections [(5)] (4) and [(7)] (6)
1532     for a controlled substance prescriber.
1533          [(9)] (8) A controlled substance prescribing class required under this section:
1534          (a) may be held:
1535          (i) in conjunction with other continuing professional education programs; and
1536          (ii) online; and
1537          (b) does not increase the total number of state-required continuing professional
1538     education hours required for prescriber licensing.
1539          [(10)] (9) The division may establish rules, in accordance with Title 63G, Chapter 3,
1540     Utah Administrative Rulemaking Act, to implement this section.
1541          [(11)] (10) A controlled substance prescriber who, on or after July 1, 2017, obtains a
1542     waiver to treat opioid dependency with narcotic medications, in accordance with the Drug
1543     Addiction Treatment Act of 2000, 21 U.S.C. Sec. 823 et seq., may use the waiver to satisfy the
1544     3.5 hours of the continuing education requirement under Subsection [(4)] (3) for two

1545     consecutive licensing periods.
1546          Section 21. Section 58-37f-401 is amended to read:
1547          58-37f-401. Database registration required -- Penalties for failure to register.
1548          (1) Each individual, other than a veterinarian, who, on June 30, 2010, has a license to
1549     prescribe a controlled substance under Chapter 37, Utah Controlled Substances Act, but is not
1550     registered with the division to use the database shall, on or before September 30, 2010, register
1551     with the division to use the database.
1552          [(2) Each individual who, on November 1, 2012, is registered with the division to use
1553     the database shall, on or before January 1, 2013, participate in the online tutorial and pass the
1554     online test described in Section 58-37f-402.]
1555          [(3)] (2) (a) An individual who is not a veterinarian, who obtains a new license to
1556     prescribe a controlled substance under Chapter 37, Utah Controlled Substances Act, shall,
1557     within 30 days after the day on which the individual obtains a license to prescribe a controlled
1558     substance from the Drug Enforcement Administration, register with the division to use the
1559     database.
1560          (b) An individual who is not a veterinarian may not renew a license to prescribe a
1561     controlled substance under Chapter 37, Utah Controlled Substances Act, unless the individual
1562     registers with the division to use the database.
1563          [(4)] (3) Beginning on November 2, 2012, in order to register to use the database, the
1564     individual registering must participate in the online tutorial and pass the online test described
1565     in Section 58-37f-402.
1566          [(5)] (4) Failure by an individual to comply with the requirements of this section is
1567     grounds for the division to take the following actions in accordance with Section 58-1-401:
1568          (a) refuse to issue a license to the individual;
1569          (b) refuse to renew the individual's license; or
1570          (c) revoke, suspend, restrict, or place on probation the license.
1571          [(6)] (5) Beginning on July 1, 2010, the division shall, in accordance with Section
1572     63J-1-504, impose an annual database registration fee on an individual who registers to use the
1573     database, to pay the startup and ongoing costs of the division for complying with the
1574     requirements of this section [and Section 58-37f-402].
1575          Section 22. Section 58-37f-402 is amended to read:

1576          58-37f-402. Online tutorial and test relating to the database -- Fees -- Rulemaking
1577     authority -- Continuing professional education credit.
1578          (1) The division shall develop an online tutorial and an online test for registration to
1579     use the database that provides instruction regarding, and tests, the following:
1580          (a) the purpose of the database;
1581          (b) how to access and use the database;
1582          (c) the law relating to:
1583          (i) the use of the database; and
1584          (ii) the information submitted to, and obtained from, the database; and
1585          (d) basic knowledge that is important for all people who prescribe controlled
1586     substances to know in order to help ensure the health and safety of an individual to whom a
1587     controlled substance is prescribed.
1588          (2) The division shall design the test described in this section as follows:
1589          (a) an individual shall answer all of the questions correctly in order to pass the test;
1590          (b) an individual shall be permitted to immediately retake the portion of the test that
1591     the individual answers incorrectly as many times as necessary for the individual to pass the test;
1592     and
1593          (c) after an individual takes the test, the test software shall:
1594          (i) immediately inform the individual of the number of questions that were answered
1595     incorrectly;
1596          (ii) provide the correct answers;
1597          (iii) replay the portion of the tutorial that relates to the incorrectly answered questions;
1598     and
1599          (iv) ask the individual the incorrectly answered questions again.
1600          (3) The division shall design the tutorial and test so that it is possible to take the
1601     tutorial and complete the test in 20 minutes or less, if the individual answers all of the
1602     questions correctly on the first attempt.
1603          (4) The division shall ensure that the tutorial and test described in this section are fully
1604     functional and available for use online on or before November 1, 2010.
1605          (5) The division shall impose a fee, in accordance with Section 63J-1-504, on an
1606     individual who takes the test described in this section, to pay the costs incurred by the division

1607     to:
1608          (a) develop, implement, and administer the tutorial and test described in this section;
1609     and
1610          (b) fulfill the other duties imposed on the division under this part.
1611          (6) The division may make rules, in accordance with Title 63G, Chapter 3, Utah
1612     Administrative Rulemaking Act, to:
1613          (a) develop, implement, and administer the tutorial and test described in this section;
1614     and
1615          (b) fulfill the other duties imposed on the division under this part.
1616          (7) The Department of Health shall assist the division in developing the portion of the
1617     test described in Subsection (1)(d).
1618          [(8) Completing the online tutorial and passing the online test described in this section
1619     shall count as 1/2 hour of continuing professional education under Subsection 58-37-6.5(2).]
1620          Section 23. Section 58-44a-402 is amended to read:
1621          58-44a-402. Authority to assess penalty.
1622          (1) After a proceeding pursuant to Title 63G, Chapter 4, Administrative Procedures
1623     Act, and Title 58, Chapter 1, Division of Occupational and Professional Licensing Act, the
1624     division may impose an administrative penalty of up to $10,000 for unprofessional or unlawful
1625     conduct under this chapter in accordance with a fine schedule established by rule.
1626          (2) The assessment of a penalty under this section does not affect any other action the
1627     division is authorized to take regarding a license issued under this chapter.
1628          (3) The division may impose an administrative penalty of up to $500 for any violation
1629     of Subsection 58-44a-501(2), (3), or (4), consistent with Section 58-44a-503.
1630          (4) (a) The director may collect a penalty that is not paid by:
1631          (i) referring the matter to a collection agency; or
1632          (ii) bringing an action in the district court of the county where the person against whom
1633     the penalty is imposed resides or in the county where the office of the director is located.
1634          (b) A county attorney or the attorney general of the state shall provide legal assistance
1635     and advice to the director in an action to collect a penalty.
1636          (c) A court shall award reasonable attorney fees and costs to the prevailing party in an
1637     action brought by the division to collect a penalty.

1638          Section 24. Section 58-47b-501 is amended to read:
1639          58-47b-501. Unlawful conduct.
1640          "Unlawful conduct" includes:
1641          (1) practicing, engaging in, or attempting to practice or engage in massage therapy
1642     without holding a current license as a massage therapist or a massage apprentice under this
1643     chapter;
1644          (2) advertising or representing himself as practicing massage therapy when not licensed
1645     to do so; and
1646          (3) massaging, touching, or applying any instrument or device by a licensee in the
1647     course of practicing or engaging in massage therapy to the:
1648          (a) genitals [or];
1649          (b) anus; [and] or
1650          [(b)] (c) breasts of a female patron, except when a female patron requests breast
1651     massage, as may be further defined by division rule, and signs a written consent form, which
1652     must also include the signature of a parent or legal guardian if the patron is a minor,
1653     authorizing the procedure and outlining the reason for it before the procedure is performed.
1654          Section 25. Section 58-53-502 is amended to read:
1655          58-53-502. Citations -- Penalty for unlawful conduct.
1656          (1) (a) If upon inspection or investigation, the division concludes that a person has
1657     violated Subsections 58-1-501(1)(a) through (d), Section 58-53-501, or Section 58-53-603 or
1658     any rule or order issued with respect to Section 58-53-501, and that disciplinary action is
1659     appropriate, the director or the director's designee from within the division for each alternative
1660     respectively, shall promptly issue a citation to the person according to this chapter and any
1661     pertinent rules, attempt to negotiate a stipulated settlement, or notify the person to appear
1662     before an adjudicative proceeding conducted under Title 63G, Chapter 4, Administrative
1663     Procedures Act.
1664          (i) A person who violates Subsections 58-1-501(1)(a) through (d) or Section 58-53-501
1665     or any rule or order issued with respect to Section 58-53-501, as evidenced by an uncontested
1666     citation, a stipulated settlement, or by a finding of violation in an adjudicative proceeding, may
1667     be assessed a fine pursuant to Subsection (1)(i) and may, in addition to or in lieu of, be ordered
1668     to cease and desist from violating Subsections 58-1-501(1)(a) through (d) or Section 58-53-501

1669     or any rule or order issued with respect to Section 58-53-501.
1670          (ii) Except for a cease and desist order, the licensure sanctions cited in Section
1671     58-53-401 may not be assessed through a citation.
1672          (b) A citation shall:
1673          (i) be in writing;
1674          (ii) describe with particularity the nature of the violation, including a reference to the
1675     provision of the chapter, rule, or order alleged to have been violated;
1676          (iii) clearly state that the recipient must notify the division in writing within 20
1677     calendar days of service of the citation if the recipient wishes to contest the citation at a hearing
1678     conducted under Title 63G, Chapter 4, Administrative Procedures Act; and
1679          (iv) clearly explain the consequences of failure to timely contest the citation or to make
1680     payment of any fines assessed by the citation within the time specified in the citation.
1681          (c) The division may issue a notice in lieu of a citation.
1682          (d) Each citation issued under this section, or a copy of each citation, may be served
1683     upon any person whom a summons may be served in accordance with the Utah Rules of Civil
1684     Procedure and may be made personally or upon the person's agent by a division investigator or
1685     by any person specially designated by the director or by mail.
1686          (e) If within 20 calendar days from the service of the citation, the person to whom the
1687     citation was issued fails to request a hearing to contest the citation, the citation becomes the
1688     final order of the division and is not subject to further agency review. The period to contest a
1689     citation may be extended by the division for cause.
1690          (f) The division may refuse to issue or renew, suspend, revoke, or place on probation
1691     the license of a licensee who fails to comply with a citation after it becomes final.
1692          (g) The failure of an applicant for licensure to comply with a citation after it becomes
1693     final is a ground for denial of license.
1694          (h) No citation may be issued under this section after the expiration of six months
1695     following the occurrence of any violation.
1696          (i) The director or the director's designee shall assess fines according to the following:
1697          (i) for a first offense handled pursuant to Subsection (1)(a), a fine of up to $1,000;
1698          (ii) for a second offense handled pursuant to Subsection (1)(a), a fine of up to $2,000;
1699     and

1700          (iii) for any subsequent offense handled pursuant to Subsection (1)(a), a fine of up to
1701     $2,000 for each day of continued offense.
1702          (2) An action initiated for a first or second offense which has not yet resulted in a final
1703     order of the division does not preclude initiation of any subsequent action for a second or
1704     subsequent offense during the pendency of any preceding action. The final order on a
1705     subsequent action shall be considered a second or subsequent offense, respectively, provided
1706     the preceding action resulted in a first or second offense, respectively.
1707          [(3) Any penalty which is not paid may be collected by the director by either referring
1708     the matter to a collection agency or bringing an action in the district court of the county in
1709     which the person against whom the penalty is imposed resides or in the county where the office
1710     of the director is located. Any county attorney or the attorney general of the state shall provide
1711     legal assistance and advice to the director in any action to collect the penalty. In any action
1712     brought to enforce the provisions of this section, reasonable attorney's fees and costs shall be
1713     awarded to the division.]
1714          (3) (a) The director may collect a penalty that is not paid by:
1715          (i) referring the matter to a collection agency; or
1716          (ii) bringing an action in the district court of the county where the person against whom
1717     the penalty is imposed resides or in the county where the office of the director is located.
1718          (b) A county attorney or the attorney general of the state shall provide legal assistance
1719     and advice to the director in an action to collect a penalty.
1720          (c) A court shall award reasonable attorney fees and costs to the prevailing party in an
1721     action brought by the division to collect a penalty.
1722          Section 26. Section 58-55-305 is amended to read:
1723          58-55-305. Exemptions from licensure.
1724          (1) In addition to the exemptions from licensure in Section 58-1-307, the following
1725     persons may engage in acts or practices included within the practice of construction trades,
1726     subject to the stated circumstances and limitations, without being licensed under this chapter:
1727          (a) an authorized representative of the United States government or an authorized
1728     employee of the state or any of its political subdivisions when working on construction work of
1729     the state or the subdivision, and when acting within the terms of the person's trust, office, or
1730     employment;

1731          (b) a person engaged in construction or operation incidental to the construction and
1732     repair of irrigation and drainage ditches of regularly constituted irrigation districts, reclamation
1733     districts, and drainage districts or construction and repair relating to farming, dairying,
1734     agriculture, livestock or poultry raising, metal and coal mining, quarries, sand and gravel
1735     excavations, well drilling, as defined in Section 73-3-25, hauling to and from construction
1736     sites, and lumbering;
1737          (c) public utilities operating under the rules of the Public Service Commission on work
1738     incidental to their own business;
1739          (d) sole owners of property engaged in building:
1740          (i) no more than one residential structure per year and no more than three residential
1741     structures per five years on their property for their own noncommercial, nonpublic use; except,
1742     a person other than the property owner or individuals described in Subsection (1)(e), who
1743     engages in building the structure must be licensed under this chapter if the person is otherwise
1744     required to be licensed under this chapter; or
1745          (ii) structures on their property for their own noncommercial, nonpublic use which are
1746     incidental to a residential structure on the property, including sheds, carports, or detached
1747     garages;
1748          (e) (i) a person engaged in construction or renovation of a residential building for
1749     noncommercial, nonpublic use if that person:
1750          (A) works without compensation other than token compensation that is not considered
1751     salary or wages; and
1752          (B) works under the direction of the property owner who engages in building the
1753     structure; and
1754          (ii) as used in this Subsection (1)(e), "token compensation" means compensation paid
1755     by a sole owner of property exempted from licensure under Subsection (1)(d) to a person
1756     exempted from licensure under this Subsection (1)(e), that is:
1757          (A) minimal in value when compared with the fair market value of the services
1758     provided by the person;
1759          (B) not related to the fair market value of the services provided by the person; and
1760          (C) is incidental to the providing of services by the person including paying for or
1761     providing meals or refreshment while services are being provided, or paying reasonable

1762     transportation costs incurred by the person in travel to the site of construction;
1763          (f) a person engaged in the sale or merchandising of personal property that by its design
1764     or manufacture may be attached, installed, or otherwise affixed to real property who has
1765     contracted with a person, firm, or corporation licensed under this chapter to install, affix, or
1766     attach that property;
1767          (g) a contractor submitting a bid on a federal aid highway project, if, before
1768     undertaking construction under that bid, the contractor is licensed under this chapter;
1769          (h) (i) subject to Subsection 58-1-401(2) and Sections 58-55-501 and 58-55-502, a
1770     person engaged in the alteration, repair, remodeling, or addition to or improvement of a
1771     building with a contracted or agreed value of less than $3,000, including both labor and
1772     materials, and including all changes or additions to the contracted or agreed upon work; and
1773          (ii) notwithstanding Subsection (1)(h)(i) and except as otherwise provided in this
1774     section:
1775          (A) work in the plumbing and electrical trades on a Subsection (1)(h)(i) project within
1776     any six month period of time:
1777          (I) must be performed by a licensed electrical or plumbing contractor, if the project
1778     involves an electrical or plumbing system; and
1779          (II) may be performed by a licensed journeyman electrician or plumber or an individual
1780     referred to in Subsection (1)(h)(ii)(A)(I), if the project involves a component of the system
1781     such as a faucet, toilet, fixture, device, outlet, or electrical switch;
1782          (B) installation, repair, or replacement of a residential or commercial gas appliance or a
1783     combustion system on a Subsection (1)(h)(i) project must be performed by a person who has
1784     received certification under Subsection 58-55-308(2) except as otherwise provided in
1785     Subsection 58-55-308(2)(d) or 58-55-308(3);
1786          (C) installation, repair, or replacement of water-based fire protection systems on a
1787     Subsection (1)(h)(i) project must be performed by a licensed fire suppression systems
1788     contractor or a licensed journeyman plumber;
1789          (D) work as an alarm business or company or as an alarm company agent shall be
1790     performed by a licensed alarm business or company or a licensed alarm company agent, except
1791     as otherwise provided in this chapter;
1792          (E) installation, repair, or replacement of an alarm system on a Subsection (1)(h)(i)

1793     project must be performed by a licensed alarm business or company or a licensed alarm
1794     company agent;
1795          (F) installation, repair, or replacement of a heating, ventilation, or air conditioning
1796     system (HVAC) on a Subsection (1)(h)(i) project must be performed by an HVAC contractor
1797     licensed by the division;
1798          (G) installation, repair, or replacement of a radon mitigation system or a soil
1799     depressurization system must be performed by a licensed contractor; and
1800          (H) if the total value of the project is greater than $1,000, the person shall file with the
1801     division a one-time affirmation, subject to periodic reaffirmation as established by division
1802     rule, that the person has:
1803          (I) public liability insurance in coverage amounts and form established by division
1804     rule; and
1805          (II) if applicable, workers compensation insurance which would cover an employee of
1806     the person if that employee worked on the construction project;
1807          (i) a person practicing a specialty contractor classification or construction trade which
1808     the director does not classify by administrative rule as significantly impacting the public's
1809     health, safety, and welfare;
1810          (j) owners and lessees of property and persons regularly employed for wages by owners
1811     or lessees of property or their agents for the purpose of maintaining the property, are exempt
1812     from this chapter when doing work upon the property;
1813          (k) (i) a person engaged in minor plumbing work that is incidental, as defined by the
1814     division by rule, to the replacement or repair of a fixture or an appliance in a residential or
1815     small commercial building, or structure used for agricultural use, as defined in Section
1816     15A-1-202, provided that no modification is made to:
1817          (A) existing culinary water, soil, waste, or vent piping; or
1818          (B) a gas appliance or combustion system; and
1819          (ii) except as provided in Subsection (1)(e), installation for the first time of a fixture or
1820     an appliance is not included in the exemption provided under Subsection (1)(k)(i);
1821          (l) a person who ordinarily would be subject to the plumber licensure requirements
1822     under this chapter when installing or repairing a water conditioner or other water treatment
1823     apparatus if the conditioner or apparatus:

1824          (i) meets the appropriate state construction codes or local plumbing standards; and
1825          (ii) is installed or repaired under the direction of a person authorized to do the work
1826     under an appropriate specialty contractor license;
1827          (m) a person who ordinarily would be subject to the electrician licensure requirements
1828     under this chapter when employed by:
1829          (i) railroad corporations, telephone corporations or their corporate affiliates, elevator
1830     contractors or constructors, or street railway systems; or
1831          (ii) public service corporations, rural electrification associations, or municipal utilities
1832     who generate, distribute, or sell electrical energy for light, heat, or power;
1833          (n) a person involved in minor electrical work incidental to a mechanical or service
1834     installation, including the outdoor installation of an above-ground, prebuilt hot tub;
1835          (o) a person who ordinarily would be subject to the electrician licensure requirements
1836     under this chapter but who during calendar years 2009, 2010, or 2011 was issued a specialty
1837     contractor license for the electrical work associated with the installation, repair, or maintenance
1838     of solar energy panels, may continue the limited electrical work for solar energy panels under a
1839     specialty contractor license;
1840          (p) a student participating in construction trade education and training programs
1841     approved by the commission with the concurrence of the director under the condition that:
1842          (i) all work intended as a part of a finished product on which there would normally be
1843     an inspection by a building inspector is, in fact, inspected and found acceptable by a licensed
1844     building inspector; and
1845          (ii) a licensed contractor obtains the necessary building permits;
1846          (q) a delivery person when replacing any of the following existing equipment with a
1847     new gas appliance, provided there is an existing gas shutoff valve at the appliance:
1848          (i) gas range;
1849          (ii) gas dryer;
1850          (iii) outdoor gas barbeque; or
1851          (iv) outdoor gas patio heater;
1852          (r) a person performing maintenance on an elevator as defined in Subsection
1853     58-55-102(14), if the maintenance is not related to the operating integrity of the elevator; and
1854          (s) an apprentice or helper of an elevator mechanic licensed under this chapter when

1855     working under the general direction of the licensed elevator mechanic.
1856          (2) A compliance agency as defined in Section 15A-1-202 that issues a building permit
1857     to a person requesting a permit as a sole owner of property referred to in Subsection (1)(d) shall
1858     notify the division, in writing or through electronic transmission, of the issuance of the permit.
1859          Section 27. Section 58-55-501 is amended to read:
1860          58-55-501. Unlawful conduct.
1861          Unlawful conduct includes:
1862          (1) engaging in a construction trade, acting as a contractor, an alarm business or
1863     company, or an alarm company agent, or representing oneself to be engaged in a construction
1864     trade or to be acting as a contractor in a construction trade requiring licensure, unless the
1865     person doing any of these is appropriately licensed or exempted from licensure under this
1866     chapter;
1867          (2) acting in a construction trade, as an alarm business or company, or as an alarm
1868     company agent beyond the scope of the license held;
1869          (3) hiring or employing a person who is not licensed under this chapter to perform
1870     work on a project, unless the person:
1871          (a) is an employee of a person licensed under this chapter for wages; and
1872          (b) is not required to be licensed under this chapter;
1873          (4) applying for or obtaining a building permit either for oneself or another when not
1874     licensed or exempted from licensure as a contractor under this chapter;
1875          (5) issuing a building permit to any person for whom there is no evidence of a current
1876     license or exemption from licensure as a contractor under this chapter;
1877          (6) applying for or obtaining a building permit for the benefit of or on behalf of any
1878     other person who is required to be licensed under this chapter but who is not licensed or is
1879     otherwise not entitled to obtain or receive the benefit of the building permit;
1880          (7) failing to obtain a building permit when required by law or rule;
1881          (8) submitting a bid for any work for which a license is required under this chapter by a
1882     person not licensed or exempted from licensure as a contractor under this chapter;
1883          (9) willfully or deliberately misrepresenting or omitting a material fact in connection
1884     with an application to obtain or renew a license under this chapter;
1885          (10) allowing one's license to be used by another except as provided by statute or rule;

1886          (11) doing business under a name other than the name appearing on the license, except
1887     as permitted by statute or rule;
1888          (12) if licensed as a [specialty] contractor in the electrical trade or plumbing trade,
1889     journeyman plumber, residential journeyman plumber, journeyman electrician, master
1890     electrician, or residential electrician, failing to directly supervise an apprentice under one's
1891     supervision or exceeding the number of apprentices one is allowed to have under the
1892     [speciality] contractor's supervision;
1893          (13) if licensed as a contractor or representing oneself to be a contractor, receiving any
1894     funds in payment for a specific project from an owner or any other person, which funds are to
1895     pay for work performed or materials and services furnished for that specific project, and after
1896     receiving the funds to exercise unauthorized control over the funds by failing to pay the full
1897     amounts due and payable to persons who performed work or furnished materials or services
1898     within a reasonable period of time;
1899          (14) employing an unlicensed alarm business or company or an unlicensed individual
1900     as an alarm company agent, except as permitted under the exemption from licensure provisions
1901     under Section 58-1-307;
1902          (15) if licensed as an alarm company or alarm company agent, filing with the division
1903     fingerprint cards for an applicant which are not those of the applicant, or are in any other way
1904     false or fraudulent and intended to mislead the division in its consideration of the applicant for
1905     licensure;
1906          (16) if licensed under this chapter, willfully or deliberately disregarding or violating:
1907          (a) the building or construction laws of this state or any political subdivision;
1908          (b) the safety and labor laws applicable to a project;
1909          (c) any provision of the health laws applicable to a project;
1910          (d) the workers' compensation insurance laws of the state applicable to a project;
1911          (e) the laws governing withholdings for employee state and federal income taxes,
1912     unemployment taxes, Social Security payroll taxes, or other required withholdings; or
1913          (f) reporting, notification, and filing laws of this state or the federal government;
1914          (17) aiding or abetting any person in evading the provisions of this chapter or rules
1915     established under the authority of the division to govern this chapter;
1916          (18) engaging in the construction trade or as a contractor for the construction of

1917     residences of up to two units when not currently registered or exempt from registration as a
1918     qualified beneficiary under Title 38, Chapter 11, Residence Lien Restriction and Lien Recovery
1919     Fund Act;
1920          (19) failing, as an original contractor, as defined in Section 38-11-102, to include in a
1921     written contract the notification required in Section 38-11-108;
1922          (20) wrongfully filing a preconstruction or construction lien in violation of Section
1923     38-1a-308;
1924          (21) if licensed as a contractor, not completing the approved continuing education
1925     required under Section 58-55-302.5;
1926          (22) an alarm company allowing an employee with a temporary license under Section
1927     58-55-312 to engage in conduct on behalf of the company outside the scope of the temporary
1928     license, as provided in Subsection 58-55-312(3)(a)(ii);
1929          (23) an alarm company agent under a temporary license under Section 58-55-312
1930     engaging in conduct outside the scope of the temporary license, as provided in Subsection
1931     58-55-312(3)(a)(ii);
1932          (24) (a) an unincorporated entity licensed under this chapter having an individual who
1933     owns an interest in the unincorporated entity engage in a construction trade in Utah while not
1934     lawfully present in the United States; or
1935          (b) an unincorporated entity providing labor to an entity licensed under this chapter by
1936     providing an individual who owns an interest in the unincorporated entity to engage in a
1937     construction trade in Utah while not lawfully present in the United States;
1938          (25) an unincorporated entity failing to provide the following for an individual who
1939     engages, or will engage, in a construction trade in Utah for the unincorporated entity, or for an
1940     individual who engages, or will engage, in a construction trade in Utah for a separate entity for
1941     which the unincorporated entity provides the individual as labor:
1942          (a) workers' compensation coverage:
1943          (i) to the extent required by Title 34A, Chapter 2, Workers' Compensation Act, and
1944     Title 34A, Chapter 3, Utah Occupational Disease Act; or
1945          (ii) that would be required under the chapters listed in Subsection (25)(a)(i) if the
1946     unincorporated entity were licensed under this chapter; and
1947          (b) unemployment compensation in accordance with Title 35A, Chapter 4,

1948     Employment Security Act, for an individual who owns, directly or indirectly, less than an 8%
1949     interest in the unincorporated entity, as defined by rule made by the division in accordance with
1950     Title 63G, Chapter 3, Utah Administrative Rulemaking Act;
1951          (26) the failure of a sign installation contractor or nonelectrical outdoor advertising
1952     sign contractor, as classified and defined in division rules, to:
1953          (a) display the contractor's license number prominently on a vehicle that:
1954          (i) the contractor uses; and
1955          (ii) displays the contractor's business name; or
1956          (b) carry a copy of the contractor's license in any other vehicle that the contractor uses
1957     at a job site, whether or not the vehicle is owned by the contractor;
1958          (27) (a) an unincorporated entity licensed under this chapter having an individual who
1959     owns an interest in the unincorporated entity engage in a construction trade in the state while
1960     the individual is using a Social Security number that does not belong to that individual; or
1961          (b) an unincorporated entity providing labor to an entity licensed under this chapter by
1962     providing an individual, who owns an interest in the unincorporated entity, to engage in a
1963     construction trade in the state while the individual is using a Social Security number that does
1964     not belong to that individual;
1965          (28) a contractor failing to comply with a requirement imposed by a political
1966     subdivision, state agency, or board of education under Section 58-55-310; or
1967          (29) failing to timely comply with the requirements described in Section 58-55-605.
1968          Section 28. Section 58-55-503 is amended to read:
1969          58-55-503. Penalty for unlawful conduct -- Citations.
1970          (1) (a) (i) A person who violates Subsection 58-55-308(2), Subsection 58-55-501(1),
1971     (2), (3), (4), (5), (6), (7), (9), (10), (12), (14), (15), (22), (23), (24), (25), (26), (27), (28), or
1972     (29), or Subsection 58-55-504(2), or who fails to comply with a citation issued under this
1973     section after it is final, is guilty of a class A misdemeanor.
1974          (ii) As used in this section in reference to Subsection 58-55-504(2), "person" means an
1975     individual and does not include a sole proprietorship, joint venture, corporation, limited
1976     liability company, association, or organization of any type.
1977          (b) A person who violates the provisions of Subsection 58-55-501(8) may not be
1978     awarded and may not accept a contract for the performance of the work.

1979          (2) A person who violates the provisions of Subsection 58-55-501(13) is guilty of an
1980     infraction unless the violator did so with the intent to deprive the person to whom money is to
1981     be paid of the money received, in which case the violator is guilty of theft, as classified in
1982     Section 76-6-412.
1983          (3) Grounds for immediate suspension of a licensee's license by the division and the
1984     commission include:
1985          (a) the issuance of a citation for violation of Subsection 58-55-308(2), Section
1986     58-55-501, or Subsection 58-55-504(2); and
1987          (b) the failure by a licensee to make application to, report to, or notify the division with
1988     respect to any matter for which application, notification, or reporting is required under this
1989     chapter or rules adopted under this chapter, including:
1990          (i) applying to the division for a new license to engage in a new specialty classification
1991     or to do business under a new form of organization or business structure;
1992          (ii) filing a current financial statement with the division; and
1993          (iii) notifying the division concerning loss of insurance coverage or change in qualifier.
1994          (4) (a) If upon inspection or investigation, the division concludes that a person has
1995     violated the provisions of Subsection 58-55-308(2), Subsection 58-55-501(1), (2), (3), (9),
1996     (10), (12), (14), (19), (21), (22), (23), (24), (25), (26), (27), (28), or (29), Subsection
1997     58-55-504(2), or any rule or order issued with respect to these subsections, and that disciplinary
1998     action is appropriate, the director or the director's designee from within the division shall
1999     promptly issue a citation to the person according to this chapter and any pertinent rules, attempt
2000     to negotiate a stipulated settlement, or notify the person to appear before an adjudicative
2001     proceeding conducted under Title 63G, Chapter 4, Administrative Procedures Act.
2002          (i) A person who is in violation of the provisions of Subsection 58-55-308(2),
2003     Subsection 58-55-501(1), (2), (3), (9), (10), (12), (14), (19), (21), (22), (23), (24), (25), (26),
2004     (27), (28), or (29), or Subsection 58-55-504(2), as evidenced by an uncontested citation, a
2005     stipulated settlement, or by a finding of violation in an adjudicative proceeding, may be
2006     assessed a fine pursuant to this Subsection (4) and may, in addition to or in lieu of, be ordered
2007     to cease and desist from violating Subsection 58-55-308(2), Subsection 58-55-501(1), (2), (3),
2008     (9), (10), (12), (14), (19), (21), (24), (25), (26), (27), (28), or (29), or Subsection 58-55-504(2).
2009          (ii) Except for a cease and desist order, the licensure sanctions cited in Section

2010     58-55-401 may not be assessed through a citation.
2011          (b) (i) A citation shall be in writing and describe with particularity the nature of the
2012     violation, including a reference to the provision of the chapter, rule, or order alleged to have
2013     been violated.
2014          (ii) A citation shall clearly state that the recipient must notify the division in writing
2015     within 20 calendar days of service of the citation if the recipient wishes to contest the citation
2016     at a hearing conducted under Title 63G, Chapter 4, Administrative Procedures Act.
2017          (iii) A citation shall clearly explain the consequences of failure to timely contest the
2018     citation or to make payment of any fines assessed by the citation within the time specified in
2019     the citation.
2020          (c) A citation issued under this section, or a copy of a citation, may be served upon a
2021     person upon whom a summons may be served:
2022          (i) in accordance with the Utah Rules of Civil Procedure;
2023          (ii) personally or upon the person's agent by a division investigator or by a person
2024     specially designated by the director; or
2025          (iii) by mail.
2026          (d) (i) If within 20 calendar days after the day on which a citation is served, the person
2027     to whom the citation was issued fails to request a hearing to contest the citation, the citation
2028     becomes the final order of the division and is not subject to further agency review.
2029          (ii) The period to contest a citation may be extended by the division for cause.
2030          (e) The division may refuse to issue or renew, suspend, revoke, or place on probation
2031     the license of a licensee who fails to comply with a citation after it becomes final.
2032          (f) The failure of an applicant for licensure to comply with a citation after it becomes
2033     final is a ground for denial of license.
2034          (g) A citation may not be issued under this section after the expiration of six months
2035     following the occurrence of a violation.
2036          (h) Except as provided in Subsection (5), the director or the director's designee shall
2037     assess a fine in accordance with the following:
2038          (i) for a first offense handled pursuant to Subsection (4)(a), a fine of up to $1,000;
2039          (ii) for a second offense handled pursuant to Subsection (4)(a), a fine of up to $2,000;
2040     and

2041          (iii) for any subsequent offense handled pursuant to Subsection (4)(a), a fine of up to
2042     $2,000 for each day of continued offense.
2043          (i) (i) For purposes of issuing a final order under this section and assessing a fine under
2044     Subsection (4)(h), an offense constitutes a second or subsequent offense if:
2045          (A) the division previously issued a final order determining that a person committed a
2046     first or second offense in violation of Subsection 58-55-308(2), Subsection 58-55-501(1), (2),
2047     (3), (9), (10), (12), (14), (19), (24), (25), (26), (27), (28), or (29), or Subsection 58-55-504(2);
2048     or
2049          (B) (I) the division initiated an action for a first or second offense;
2050          (II) a final order has not been issued by the division in the action initiated under
2051     Subsection (4)(i)(i)(B)(I);
2052          (III) the division determines during an investigation that occurred after the initiation of
2053     the action under Subsection (4)(i)(i)(B)(I) that the person committed a second or subsequent
2054     violation of the provisions of Subsection 58-55-308(2), Subsection 58-55-501(1), (2), (3), (9),
2055     (10), (12), (14), (19), (24), (25), (26), (27), (28), or (29), or Subsection 58-55-504(2); and
2056          (IV) after determining that the person committed a second or subsequent offense under
2057     Subsection (4)(i)(i)(B)(III), the division issues a final order on the action initiated under
2058     Subsection (4)(i)(i)(B)(I).
2059          (ii) In issuing a final order for a second or subsequent offense under Subsection
2060     (4)(i)(i), the division shall comply with the requirements of this section.
2061          (j) In addition to any other licensure sanction or fine imposed under this section, the
2062     division shall revoke the license of a licensee that violates Subsection 58-55-501(24) or (25)
2063     two or more times within a 12-month period, unless, with respect to a violation of Subsection
2064     58-55-501(24), the licensee can demonstrate that the licensee successfully verified the federal
2065     legal working status of the individual who was the subject of the violation using a status
2066     verification system, as defined in Section 13-47-102.
2067          (k) For purposes of this Subsection (4), a violation of Subsection 58-55-501(24) or (25)
2068     for each individual is considered a separate violation.
2069           (5) If a person violates Section 58-55-501, the division may not treat the violation as a
2070     subsequent violation of a previous violation if the violation occurs five years or more after the
2071     day on which the person committed the previous violation.

2072          (6) If, after an investigation, the division determines that a person has committed
2073     multiple of the same type of violation of Section 58-55-501, the division may treat each
2074     violation as a separate violation of Section 58-55-501 and apply a penalty under this section to
2075     each violation.
2076          (7) (a) A penalty imposed by the director under Subsection (4)(h) shall be deposited
2077     into the Commerce Service Account created by Section 13-1-2.
2078          (b) A penalty that is not paid may be collected by the director by either referring the
2079     matter to a collection agency or bringing an action in the district court of the county in which
2080     the person against whom the penalty is imposed resides or in the county where the office of the
2081     director is located.
2082          (c) A county attorney or the attorney general of the state [is to] shall provide legal
2083     assistance and advice to the director in [any] an action to collect [the] a penalty.
2084          (d) In an action brought to [enforce the provisions of this section] collect a penalty, the
2085     court shall award reasonable attorney fees and costs to the prevailing party.
2086          Section 29. Section 58-56-9.5 is amended to read:
2087          58-56-9.5. Penalty for unlawful conduct -- Citations.
2088          (1) A person who violates a provision of Section 58-56-9.1 or who fails to comply with
2089     a citation issued under this section after it is final is guilty of a class A misdemeanor.
2090          (2) Grounds for immediate suspension of a licensee's license by the division under this
2091     chapter include:
2092          (a) the issuance of a citation for violation of a provision of Section 58-56-9.1; and
2093          (b) failure by a licensee to make application to, report to, or notify the division with
2094     respect to a matter for which application, notification, or reporting is required under this
2095     chapter or rules made under this chapter by the division.
2096          (3) (a) If upon inspection or investigation, the division concludes that a person has
2097     violated a provision of Section 58-56-9.1, or a rule or order issued with respect to that section,
2098     and that disciplinary action is appropriate, the director or the director's designee from within
2099     the division shall:
2100          (i) promptly issue a citation to the person according to this chapter and any pertinent
2101     rules;
2102          (ii) attempt to negotiate a stipulated settlement; or

2103          (iii) notify the person to appear before an adjudicative proceeding conducted under
2104     Title 63G, Chapter 4, Administrative Procedures Act.
2105          (b) (i) A person who violates a provision of Section 58-56-9.1, as evidenced by an
2106     uncontested citation, a stipulated settlement, or by a finding of violation in an adjudicative
2107     proceeding, may be assessed a fine under this Subsection (3)(b) and may, in addition to or
2108     instead of the fine, be ordered by the division to cease from violating the provision.
2109          (ii) Except as otherwise provided in Subsection (2)(a), the division may not assess
2110     licensure sanctions referred to in Subsection 58-56-9(1)(c) through a citation.
2111          (c) (i) Each citation shall be in writing and describe with particularity the nature of the
2112     violation, including a reference to the provision of the chapter, rule, or order alleged to have
2113     been violated.
2114          (ii) The citation shall clearly state that the recipient must notify the division in writing
2115     within 20 calendar days of service of the citation if the recipient wishes to contest the citation
2116     at a hearing conducted under Title 63G, Chapter 4, Administrative Procedures Act.
2117          (iii) The citation shall clearly explain the consequences of failure to timely contest the
2118     citation or to make payment of any fines assessed by the citation within the time specified in
2119     the citation.
2120          (d) Each citation issued under this section, or a copy of each citation, may be served
2121     upon any person upon whom a summons may be served:
2122          (i) in accordance with the Utah Rules of Civil Procedure;
2123          (ii) personally or upon the person's agent by a division investigator or by any person
2124     specially designated by the director; or
2125          (iii) by mail.
2126          (e) (i) If within 20 calendar days from the service of a citation, the person to whom the
2127     citation was issued fails to request a hearing to contest the citation, the citation becomes the
2128     final order of the division and is not subject to further agency review.
2129          (ii) The period to contest a citation may be extended by the division for cause.
2130          (f) The division may refuse to issue or renew, suspend, revoke, or place on probation
2131     the license of a licensee who fails to comply with a citation after it becomes final.
2132          (g) The failure of an applicant for licensure to comply with a citation after it becomes
2133     final is a ground for denial of a license.

2134          (h) No citation may be issued under this section after the expiration of six months
2135     following the occurrence of the violation.
2136          (i) The director or the director's designee may assess fines for violations of Section
2137     58-56-9.1 as follows:
2138          (i) for a first offense determined under this Subsection (3), a fine of up to $1,000;
2139          (ii) for a second offense, a fine of up to $2,000; and
2140          (iii) for any subsequent offense, a fine of up to $2,000 for each day of continued
2141     offense.
2142          (j) For the purposes of issuing a final order under this section and assessing a fine
2143     under Subsection (3)(i), an offense constitutes a second or subsequent offense if:
2144          (i) the division previously issued a final order determining that a person committed a
2145     first or second offense in violation of a provision of Section 58-56-9.1; or
2146          (ii) (A) the division initiated an action for a first or second offense;
2147          (B) no final order has been issued by the division in the action initiated under
2148     Subsection (3)(j)(ii)(A);
2149          (C) the division determines during an investigation that occurred after the initiation of
2150     the action under Subsection (3)(j)(ii)(A) that the person committed a second or subsequent
2151     violation of a provision of Section 58-56-9.1; and
2152          (D) after determining that the person committed a second or subsequent offense under
2153     Subsection (3)(j)(ii)(C), the division issues a final order on the action initiated under
2154     Subsection (3)(j)(ii)(A).
2155          (k) In issuing a final order for a second or subsequent offense under Subsection (3)(j),
2156     the division shall comply with the requirements of this section.
2157          (4) (a) Proceeds from a fine imposed under Subsection (3)(i) shall be deposited in the
2158     Commerce Service Account created by Section 13-1-2.
2159          [(b) The director may collect an unpaid fine by:]
2160          [(i) referring the matter to a collection agency; or]
2161          [(ii) bringing an action in the district court of the county in which the person resides or
2162     in the county where the director's office is located.]
2163          [(c) (i) The state's attorney general or a county attorney shall provide legal assistance
2164     and advice to the director in an action brought under Subsection (4)(b).]

2165          [(ii) Reasonable attorney fees and costs shall be awarded in an action brought to
2166     enforce the provisions of this section.]
2167          (b) The director may collect a fine that is not paid by:
2168          (i) referring the matter to a collection agency; or
2169          (ii) bringing an action in the district court of the county where the person against whom
2170     the penalty is imposed resides or in the county where the office of the director is located.
2171          (c) A county attorney or the attorney general of the state shall provide legal assistance
2172     and advice to the director in an action to collect a penalty.
2173          (d) A court shall award reasonable attorney fees and costs to the prevailing party in an
2174     action brought by the division to collect a penalty.
2175          Section 30. Section 58-60-117 is amended to read:
2176          58-60-117. Externship licenses.
2177          (1) The division shall issue a temporary license under Part 2, Social Worker Licensing
2178     Act, Part 3, Marriage and Family Therapist Licensing Act, or Part 4, Clinical Mental Health
2179     Counselor Licensing Act, of this chapter to a person who:
2180          (a) submits an application for licensure under Part 2, Social Worker Licensing Act,
2181     Part 3, Marriage and Family Therapist Licensing Act, or Part 4, Clinical Mental Health
2182     Counselor Licensing Act;
2183          (b) pays a fee determined by the department under Section 63J-1-504;
2184          (c) holds an earned doctoral degree or master's degree in a discipline that is a
2185     prerequisite for practice as a mental health therapist;
2186          (d) has a deficiency, as defined by division rule, in course work;
2187          (e) provides mental health therapy as an employee of a public or private organization,
2188     which provides mental health therapy, while under the supervision of a person licensed under
2189     this chapter; and
2190          (f) is of good moral character and has no disciplinary action pending or in effect
2191     against the applicant in connection with the practice of mental health therapy, in any
2192     jurisdiction.
2193          (2) A temporary license issued under this section shall expire upon the earlier of:
2194          (a) issuance of the license applied for; or
2195          (b) unless the deadline is extended for good cause as determined by the division, three

2196     years from the date the temporary license was issued.
2197          (3) The temporary license issued under this section is an externship license.
2198          Section 31. Section 58-63-503 is amended to read:
2199          58-63-503. Penalties.
2200          (1) Unless Subsection (2) applies, an individual who commits an act of unlawful
2201     conduct under Section 58-63-501 or who fails to comply with a citation issued under this
2202     section after it becomes final is guilty of a class A misdemeanor.
2203          (2) The division may immediately suspend a license issued under this chapter of a
2204     person who is given a citation for violating Subsection 58-63-501(1), (2), (4), or (5).
2205          (3) (a) If upon inspection or investigation, the division determines that a person has
2206     violated Subsection 58-63-501(1), (2), (4), or (5) or any rule made or order issued under those
2207     subsections, and that disciplinary action is warranted, the director or the director's designee
2208     within the division shall promptly issue a citation to the person and:
2209          (i) attempt to negotiate a stipulated settlement; or
2210          (ii) notify the person to appear for an adjudicative proceeding conducted under Title
2211     63G, Chapter 4, Administrative Procedures Act.
2212          (b) (i) The division may fine a person who violates Subsection 58-63-501(1), (2), (4),
2213     or (5), as evidenced by an uncontested citation, a stipulated settlement, or a finding of a
2214     violation in an adjudicative proceeding held under Subsection (3)(a)(ii), or order the person to
2215     cease and desist from the violation, or do both.
2216          (ii) Except for a cease and desist order, the division may not impose the licensure
2217     sanctions listed in Section 58-63-401 through the issuance of a citation under this section.
2218          (c) The written citation shall:
2219          (i) describe the nature of the violation, including a reference to the allegedly violated
2220     statute, rule, or order;
2221          (ii) state the recipient must notify the division in writing within 20 calendar days of
2222     issuance of the citation if the recipient wants to contest the citation at the adjudicative
2223     proceeding referred to in Subsection (3)(a)(ii); and
2224          (iii) explain the consequences of failure to timely contest the citation or to make
2225     payment of a fine assessed under the citation with the time specified in the citation.
2226          (d) (i) The division may serve a citation issued under this section, or a copy of the

2227     citation, upon an individual who is subject to service of a summons under the Utah Rules of
2228     Civil Procedure.
2229          (ii) (A) The division may serve the individual personally or serve the individual's
2230     agent.
2231          (B) The division may serve the summons by a division investigator, by a person
2232     designated by the director, or by mail.
2233          (e) (i) If within 20 days from the service of a citation the person to whom the citation
2234     was issued fails to request a hearing to contest the citation, the citation becomes the final order
2235     of the division and is not subject to further agency review.
2236          (ii) The division may grant an extension of the 20-day period for cause.
2237          (f) The division may refuse to issue or renew, suspend, revoke, or place on probation
2238     the license of a licensee who fails to comply with a citation after it becomes final.
2239          (g) The division may not issue a citation for an alleged violation under this section
2240     after the expiration of six months following the occurrence of the alleged violation.
2241          (h) The director or the director's designee may assess fines under this section as
2242     follows:
2243          (i) for a first offense under Subsection (3)(a), a fine of up to $1,000;
2244          (ii) for a second offense under Subsection (3)(a), a fine of up to $2,000; and
2245          (iii) for a subsequent offense under Subsection (3)(a), a fine of up to $2,000 for each
2246     day of continued violation.
2247          (i) (i) For purposes of issuing a final order under this section and assessing a fine under
2248     Subsection (3)(h), an offense is a second or subsequent offense if:
2249          (A) the division previously issued a final order determining that a person committed a
2250     first or second offense in violation of Subsection 58-63-501(1) or (4); or
2251          (B) (I) the division initiated an action for a first or second offense;
2252          (II) no final order has been issued by the division in an action initiated under
2253     Subsection (3)(i)(i)(B)(I);
2254          (III) the division determines during an investigation that occurred after the initiation of
2255     the action under Subsection (3)(i)(i)(B)(I) that the person committed a second or subsequent
2256     violation of Subsection 58-63-501(1) or (4); and
2257          (IV) after determining that the person committed a second or subsequent offense under

2258     Subsection (3)(i)(i)(B)(III), the division issues a final order on the action initiated under
2259     Subsection (3)(i)(i)(B)(I).
2260          (ii) In issuing a final order for a second or subsequent offense under Subsection
2261     (3)(i)(i), the division shall comply with the requirements of this section.
2262          (4) (a) The division shall deposit a fine imposed by the director under Subsection (3)(h)
2263     in the General Fund as a dedicated credit for use by the division for the purposes listed in
2264     Section 58-63-103.
2265          [(b) The director may collect a Subsection (3)(h) fine which is not paid by:]
2266          [(i) referring the matter to the Office of State Debt Collection or a collection agency;
2267     or]
2268          [(ii) bringing an action in the district court of the county in which the person resides or
2269     in the county where the office of the director is located.]
2270          [(c) The director may seek legal assistance from the attorney general or the county or
2271     district attorney of the district in which the action is brought to collect the fine.]
2272          [(d) The court shall award reasonable attorney fees and costs to the division for
2273     successful actions under Subsection (4)(b)(ii).]
2274          (b) The director may collect a fine that is not paid by:
2275          (i) referring the matter to a collection agency; or
2276          (ii) bringing an action in the district court of the county where the person against whom
2277     the penalty is imposed resides or in the county where the office of the director is located.
2278          (c) A county attorney or the attorney general of the state shall provide legal assistance
2279     and advice to the director in an action to collect a penalty.
2280          (d) A court shall award reasonable attorney fees and costs to the prevailing party in an
2281     action brought by the division to collect a penalty.
2282          Section 32. Section 58-67-302 is amended to read:
2283          58-67-302. Qualifications for licensure.
2284          (1) An applicant for licensure as a physician and surgeon, except as set forth in
2285     Subsection (2), shall:
2286          (a) submit an application in a form prescribed by the division, which may include:
2287          (i) submissions by the applicant of information maintained by practitioner data banks,
2288     as designated by division rule, with respect to the applicant;

2289          (ii) a record of professional liability claims made against the applicant and settlements
2290     paid by or on behalf of the applicant; and
2291          (iii) authorization to use a record coordination and verification service approved by the
2292     division in collaboration with the board;
2293          (b) pay a fee determined by the department under Section 63J-1-504;
2294          (c) be of good moral character;
2295          (d) if the applicant is applying to participate in the Interstate Medical Licensure
2296     Compact under Chapter 67b, Interstate Medical Licensure Compact, consent to a criminal
2297     background check in accordance with Section 58-67-302.1 and any requirements established by
2298     rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act;
2299          [(d)] (e) provide satisfactory documentation of having successfully completed a
2300     program of professional education preparing an individual as a physician and surgeon, as
2301     evidenced by:
2302          (i) having received an earned degree of doctor of medicine from an LCME accredited
2303     medical school or college; or
2304          (ii) if the applicant graduated from a medical school or college located outside the
2305     United States or its territories, submitting a current certification by the Educational
2306     Commission for Foreign Medical Graduates or any successor organization approved by the
2307     division in collaboration with the board;
2308          [(e)] (f) satisfy the division and board that the applicant:
2309          (i) has successfully completed 24 months of progressive resident training in a program
2310     approved by the ACGME, the Royal College of Physicians and Surgeons, the College of
2311     Family Physicians of Canada, or any similar body in the United States or Canada approved by
2312     the division in collaboration with the board; or
2313          (ii) (A) has successfully completed 12 months of resident training in an ACGME
2314     approved program after receiving a degree of doctor of medicine as required under Subsection
2315     (1)[(d)](e);
2316          (B) has been accepted in and is successfully participating in progressive resident
2317     training in an ACGME approved program within Utah, in the applicant's second or third year
2318     of postgraduate training; and
2319          (C) has agreed to surrender to the division the applicant's license as a physician and

2320     surgeon without any proceedings under Title 63G, Chapter 4, Administrative Procedures Act,
2321     and has agreed the applicant's license as a physician and surgeon will be automatically revoked
2322     by the division if the applicant fails to continue in good standing in an ACGME approved
2323     progressive resident training program within the state;
2324          [(f)] (g) pass the licensing examination sequence required by division rule made in
2325     collaboration with the board;
2326          [(g)] (h) be able to read, write, speak, understand, and be understood in the English
2327     language and demonstrate proficiency to the satisfaction of the board if requested by the board;
2328          [(h)] (i) meet with the board and representatives of the division, if requested, for the
2329     purpose of evaluating the applicant's qualifications for licensure;
2330          [(i)] (j) designate:
2331          (i) a contact person for access to medical records in accordance with the federal Health
2332     Insurance Portability and Accountability Act; and
2333          (ii) an alternate contact person for access to medical records, in the event the original
2334     contact person is unable or unwilling to serve as the contact person for access to medical
2335     records; and
2336          [(j)] (k) establish a method for notifying patients of the identity and location of the
2337     contact person and alternate contact person, if the applicant will practice in a location with no
2338     other persons licensed under this chapter.
2339          (2) An applicant for licensure as a physician and surgeon by endorsement who is
2340     currently licensed to practice medicine in any state other than Utah, a district or territory of the
2341     United States, or Canada shall:
2342          (a) be currently licensed with a full unrestricted license in good standing in any state,
2343     district, or territory of the United States, or Canada;
2344          (b) have been actively engaged in the legal practice of medicine in any state, district, or
2345     territory of the United States, or Canada for not less than 6,000 hours during the five years
2346     immediately preceding the date of application for licensure in Utah;
2347          (c) comply with the requirements for licensure under Subsections (1)(a) through [(d)]
2348     (e), (1)[(e)](f)(i), and (1)[(g)](h) through [(j)] (k);
2349          (d) have passed the licensing examination sequence required in Subsection (1)(f) or
2350     another medical licensing examination sequence in another state, district or territory of the

2351     United States, or Canada that the division in collaboration with the board by rulemaking
2352     determines is equivalent to its own required examination;
2353          (e) not have any investigation or action pending against any health care license of the
2354     applicant, not have a health care license that was suspended or revoked in any state, district or
2355     territory of the United States, or Canada, and not have surrendered a health care license in lieu
2356     of a disciplinary action, unless:
2357          (i) the license was subsequently reinstated as a full unrestricted license in good
2358     standing; or
2359          (ii) the division in collaboration with the board determines to its satisfaction, after full
2360     disclosure by the applicant, that:
2361          (A) the conduct has been corrected, monitored, and resolved; or
2362          (B) a mitigating circumstance exists that prevents its resolution, and the division in
2363     collaboration with the board is satisfied that, but for the mitigating circumstance, the license
2364     would be reinstated;
2365          (f) submit to a records review, a practice history review, and comprehensive
2366     assessments, if requested by the division in collaboration with the board; and
2367          (g) produce satisfactory evidence that the applicant meets the requirements of this
2368     Subsection (2) to the satisfaction of the division in collaboration with the board.
2369          (3) An applicant for licensure by endorsement may engage in the practice of medicine
2370     under a temporary license while the applicant's application for licensure is being processed by
2371     the division, provided:
2372          (a) the applicant submits a complete application required for temporary licensure to the
2373     division;
2374          (b) the applicant submits a written document to the division from:
2375          (i) a health care facility licensed under Title 26, Chapter 21, Health Care Facility
2376     Licensing and Inspection Act, stating that the applicant is practicing under the:
2377          (A) invitation of the health care facility; and
2378          (B) the general supervision of a physician practicing at the facility; or
2379          (ii) two individuals licensed under this chapter, whose license is in good standing and
2380     who practice in the same clinical location, both stating that:
2381          (A) the applicant is practicing under the invitation and general supervision of the

2382     individual; and
2383          (B) the applicant will practice at the same clinical location as the individual;
2384          (c) the applicant submits a signed certification to the division that the applicant meets
2385     the requirements of Subsection (2);
2386          (d) the applicant does not engage in the practice of medicine until the division has
2387     issued a temporary license;
2388          (e) the temporary license is only issued for and may not be extended or renewed
2389     beyond the duration of one year from issuance; and
2390          (f) the temporary license expires immediately and prior to the expiration of one year
2391     from issuance, upon notification from the division that the applicant's application for licensure
2392     by endorsement is denied.
2393          (4) The division shall issue a temporary license under Subsection (3) within 15
2394     business days after the applicant satisfies the requirements of Subsection (3).
2395          (5) The division may not require a post-residency board certification as a requirement
2396     for licensure.
2397          Section 33. Section 58-67-302.1 is enacted to read:
2398          58-67-302.1. Qualifications for licensure -- Criminal background check.
2399          (1) An applicant for participation in the Interstate Medical Licensure Compact under
2400     Chapter 67b, Interstate Medical Licensure Compact, shall:
2401          (a) submit fingerprint cards in a form acceptable to the division at the time the license
2402     application is filed; and
2403          (b) consent to a fingerprint background check conducted by the Bureau of Criminal
2404     Identification and the Federal Bureau of Investigation.
2405          (2) The division shall:
2406          (a) in addition to other fees authorized by this chapter, collect from each applicant
2407     submitting fingerprints in accordance with this section the fee that the Bureau of Criminal
2408     Identification is authorized to collect for the services provided under Section 53-10-108 and the
2409     fee charged by the Federal Bureau of Investigation for fingerprint processing for the purpose of
2410     obtaining federal criminal history record information;
2411          (b) submit from each applicant the fingerprint card and the fees described in
2412     Subsection (2)(a) to the Bureau of Criminal Identification; and

2413          (c) obtain and retain in division records a signed waiver approved by the Bureau of
2414     Criminal Identification in accordance with Section 53-10-108 for each applicant.
2415          (3) The Bureau of Criminal Identification shall, in accordance with the requirements of
2416     Section 53-10-108:
2417          (a) check the fingerprints submitted under Subsection (2)(b) against the applicable state
2418     and regional criminal records databases;
2419          (b) forward the fingerprints to the Federal Bureau of Investigation for a national
2420     criminal history background check; and
2421          (c) provide the results from the state, regional, and nationwide criminal history
2422     background checks to the division.
2423          (4) For purposes of conducting a criminal background check required under this
2424     section, the division shall have direct access to criminal background information maintained
2425     under Title 53, Chapter 10, Part 2, Bureau of Criminal Identification.
2426          (5) The division may not disseminate outside of the division any criminal history
2427     record information that the division obtains from the Bureau of Criminal Identification or the
2428     Federal Bureau of Investigation under the criminal background check requirements of this
2429     section.
2430          (6) The division may not issue a letter of qualification to participate in the Interstate
2431     Medical Licensure Compact until the criminal background check described in this section is
2432     completed.
2433          Section 34. Section 58-67-302.5 is amended to read:
2434          58-67-302.5. Licensing of graduates of foreign medical schools.
2435          (1) Notwithstanding any other provision of law to the contrary, an individual enrolled
2436     in a medical school outside the United States, its territories, the District of Columbia, or
2437     Canada is eligible for licensure as a physician and surgeon in this state if the individual has
2438     satisfied the following requirements:
2439          (a) meets all the requirements of Subsection 58-67-302(1), except for Subsection
2440     58-67-302(1)[(d)](e);
2441          (b) has studied medicine in a medical school located outside the United States which is
2442     recognized by an organization approved by the division;
2443          (c) has completed all of the formal requirements of the foreign medical school except

2444     internship or social service;
2445          (d) has attained a passing score on the educational commission for foreign medical
2446     graduates examination or other qualifying examinations such as the United States Medical
2447     Licensing Exam parts I and II, which are approved by the division or a medical school
2448     approved by the division;
2449          (e) has satisfactorily completed one calendar year of supervised clinical training under
2450     the direction of a United States medical education setting accredited by the liaison committee
2451     for graduate medical education and approved by the division;
2452          (f) has completed the postgraduate hospital training required by Subsection
2453     58-67-302(1)[(e)](f)(i); and
2454          (g) has passed the examination required by the division of all applicants for licensure.
2455          (2) Satisfaction of the requirements of Subsection (1) is in lieu of:
2456          (a) the completion of any foreign internship or social service requirements; and
2457          (b) the certification required by Subsection 58-67-302(1)[(d)](e).
2458          (3) Individuals who satisfy the requirements of Subsections (1)(a) through [(f)] (g)
2459     shall be eligible for admission to graduate medical education programs within the state,
2460     including internships and residencies, which are accredited by the liaison committee for
2461     graduate medical education.
2462          (4) A document issued by a medical school located outside the United States shall be
2463     considered the equivalent of a degree of doctor of medicine for the purpose of licensure as a
2464     physician and surgeon in this state if:
2465          (a) the foreign medical school is recognized by an organization approved by the
2466     division;
2467          (b) the document granted by the foreign medical school is issued after the completion
2468     of all formal requirements of the medical school except internship or social service; and
2469          (c) the foreign medical school certifies that the person to whom the document was
2470     issued has satisfactorily completed the requirements of Subsection (1)(c).
2471          (5) The provisions for licensure under this section shall be known as the "fifth pathway
2472     program."
2473          Section 35. Section 58-67-302.7 is amended to read:
2474          58-67-302.7. Licensing of physician-educators.

2475          (1) As used in this section:
2476          (a) "Foreign country" means a country other than the United States, its territories, or
2477     Canada.
2478          (b) "Foreign medical school" means a medical school that is outside the United States,
2479     its territories, and Canada.
2480          (2) Notwithstanding any provision of law to the contrary, an individual may receive a
2481     type I foreign teaching license if the individual:
2482          (a) submits an application in a form prescribed by the division, which may include:
2483          (i) submission by the applicant of information maintained in a practitioner data bank,
2484     as designated by division rule, with respect to the applicant;
2485          (ii) a record of professional liability claims made against the applicant and settlements
2486     paid by or on behalf of the applicant; and
2487          (iii) the applicant's curriculum vitae;
2488          (b) is a graduate of a foreign medical school that is accepted for certification by the
2489     Educational Commission for Foreign Medical Graduates;
2490          (c) is licensed in good standing in a foreign country, the United States, its territories, or
2491     Canada;
2492          (d) does not have an investigation or action pending against the physician's healthcare
2493     license, does not have a healthcare license that was suspended or revoked, and has not
2494     surrendered a healthcare license in lieu of disciplinary action, unless:
2495          (i) the license was subsequently reinstated in good standing; or
2496          (ii) the division in collaboration with the board determines to its satisfaction, after full
2497     disclosure by the applicant and full consideration by the division in collaboration with the
2498     board, that:
2499          (A) the conduct has been corrected, monitored, and resolved; or
2500          (B) a mitigating circumstance exists that prevents resolution, and the division in
2501     collaboration with the board is satisfied that but for the mitigating circumstance, the license
2502     would be reinstated;
2503          (e) submits documentation of legal status to work in the United States;
2504          (f) meets at least three of the following qualifications:
2505          (i) (A) published original results of clinical research, within 10 years before the day on

2506     which the application is submitted, in a medical journal listed in the Index Medicus or an
2507     equivalent scholarly publication; and
2508          (B) submits the publication to the Board in English or in a foreign language with a
2509     verifiable, certified English translation;
2510          (ii) held an appointment at a medical school approved by the LCME or at any medical
2511     school listed in the World Health Organization directory at the level of associate or full
2512     professor, or its equivalent, for at least five years;
2513          (iii) (A) developed a treatment modality, surgical technique, or other verified original
2514     contribution to the field of medicine within 10 years before the day on which the application is
2515     submitted; and
2516          (B) has the treatment modality, surgical technique, or other verified original
2517     contribution attested to by the dean of an LCME accredited school of medicine in Utah;
2518          (iv) actively practiced medicine cumulatively for 10 years; or
2519          (v) is board certified in good standing of a board of the American Board of Medical
2520     Specialities or equivalent specialty board;
2521          (g) is of good moral character;
2522          (h) is able to read, write, speak, understand, and be understood in the English language
2523     and demonstrates proficiency to the satisfaction of the division in collaboration with the board,
2524     if requested;
2525          (i) is invited by an LCME accredited medical school in Utah to serve as a full-time
2526     member of the medical school's academic faculty, as evidenced by written certification from:
2527          (i) the dean of the medical school, stating that the applicant has been appointed to a
2528     full-time faculty position, that because the applicant has unique expertise in a specific field of
2529     medicine the medical school considers the applicant to be a valuable member of the faculty,
2530     and that the applicant is qualified by knowledge, skill, and ability to practice medicine in the
2531     state; and
2532          (ii) the head of the department to which the applicant is to be appointed, stating that the
2533     applicant will be under the direction of the head of the department and will be permitted to
2534     practice medicine only as a necessary part of the applicant's duties, providing detailed evidence
2535     of the applicant's qualifications and competence, including the nature and location of the
2536     applicant's proposed responsibilities, reasons for any limitations of the applicant's practice

2537     responsibilities, and the degree of supervision, if any, under which the applicant will function;
2538          (j) pays a licensing fee set by the division under Section 63J-1-504; and
2539          (k) has practiced medicine for at least 10 years as an attending physician.
2540          (3) Notwithstanding any provision of law to the contrary, an individual may receive a
2541     type II foreign teaching license if the individual:
2542          (a) satisfies the requirements of Subsections (2)(a) through (e) and (g) through (j);
2543          (b) has delivered clinical care to patients cumulatively for five years after graduation
2544     from medical school; and
2545          (c) (i) will be completing a clinical fellowship while employed at the medical school
2546     described in Subsection (2)(i); or
2547          (ii) has already completed a medical residency accredited by the Royal College of
2548     Physicians and Surgeons of Canada, the United Kingdom, Australia, or New Zealand, or a
2549     comparable accreditation organization as determined by the division in collaboration with the
2550     board.
2551          (4) After an initial term of one year, a type I license may be renewed for periods of two
2552     years if the licensee continues to satisfy the requirements described in Subsection (2) and
2553     completes the division's continuing education renewal requirements established under Section
2554     58-67-303.
2555          (5) A type II license may be renewed on an annual basis, up to four times, if the
2556     licensee continues to satisfy the requirements described in Subsection (3) and completes the
2557     division's continuing education renewal requirements established under Section 58-67-303.
2558          (6) A license issued under this section:
2559          (a) authorizes the licensee to practice medicine:
2560          (i) within the scope of the licensee's employment at the medical school described in
2561     Subsection (2)(i) and the licensee's academic position; and
2562          (ii) at a hospital or clinic affiliated with the medical school described in Subsection
2563     (2)(i) for the purpose of teaching, clinical care, or pursuing research;
2564          (b) shall list the limitations described in Subsection (6)(a); and
2565          (c) shall expire on the earlier of:
2566          (i) one year after the day on which the type I or type II license is initially issued, unless
2567     the license is renewed;

2568          (ii) for a type I license, two years after the day on which the license is renewed;
2569          (iii) for a type II license, one year after the day on which the license is renewed; or
2570          (iv) the day on which employment at the medical school described in Subsection (2)(i)
2571     ends.
2572          (7) A person who holds a type I license for five consecutive years may apply for
2573     licensure as a physician and surgeon in this state and shall be licensed if the individual satisfies
2574     the requirements described in Subsection (8). If the person fails to obtain licensure as a
2575     physician and surgeon in this state, the person may apply for a renewal of the type I license
2576     under Subsection (2).
2577          (8) An individual who holds a type I or type II license for five consecutive years is
2578     eligible for licensure as a physician and surgeon in this state if the individual:
2579          (a) worked an average of at least 40 hours per month at the level of an attending
2580     physician during the time the individual held the type I or type II license;
2581          (b) holds the rank of associate professor or higher at the medical school described in
2582     Subsection (2)(i);
2583          (c) obtains certification from the Educational Commission for Foreign Medical
2584     Graduates or any successor organization approved by the division in collaboration with the
2585     board;
2586          (d) spent a cumulative 20 hours per year while holding a type I or type II license:
2587          (i) teaching or lecturing to medical students or house staff;
2588          (ii) participating in educational department meetings or conferences that are not
2589     certified to meet the continuing medical education license renewal requirement; or
2590          (iii) attending continuing medical education classes in addition to the requirements for
2591     continuing education described in Subsections (4) and (5);
2592          (e) obtains a passing score on the final step of the licensing examination sequence
2593     required by division rule made in collaboration with the board; and
2594          (f) satisfies the requirements described in Subsections 58-67-302(1)(a) through [(c),
2595     (h), and (i)] (d), (i), and (j).
2596          (9) If a person who holds a type II license fails to obtain licensure as a physician and
2597     surgeon in this state after applying under the procedures described in Subsection (8), the person
2598     may not:

2599          (a) reapply for or renew a type II license; or
2600          (b) apply for a type I license.
2601          (10) The division or the board may require an applicant for licensure under this section
2602     to meet with the board and representatives of the division for the purpose of evaluating the
2603     applicant's qualifications for licensure.
2604          (11) The division in collaboration with the board may withdraw a license under this
2605     section at any time for material misrepresentation or unlawful or unprofessional conduct.
2606          Section 36. Section 58-67-302.8 (Effective 07/01/18) is amended to read:
2607          58-67-302.8 (Effective 07/01/18). Restricted licensing of an associate physician.
2608          (1) An individual may apply for a restricted license as an associate physician if the
2609     individual:
2610          (a) meets the requirements described in Subsections 58-67-302(1)(a) through [(c)] (d),
2611     (1)[(d)](e)(i), and (1)[(g)](h) through [(j)] (k);
2612          (b) successfully completes Step 1 and Step 2 of the United States Medical Licensing
2613     Examination or the equivalent steps of another board-approved medical licensing examination:
2614          (i) within three years after the day on which the applicant graduates from a program
2615     described in Subsection 58-67-302(1)[(d)](e)(i); and
2616          (ii) within two years before applying for a restricted license as an associate physician;
2617     and
2618          (c) is not currently enrolled in and has not completed a residency program.
2619          (2) Before a licensed associate physician may engage in the practice of medicine as
2620     described in Subsection (3), the licensed associate physician shall:
2621          (a) enter into a collaborative practice arrangement described in Section 58-67-807
2622     within six months after the associate physician's initial licensure; and
2623          (b) receive division approval of the collaborative practice arrangement.
2624          (3) An associate physician's scope of practice is limited to primary care services to
2625     medically underserved populations or in medically underserved areas within the state.
2626          Section 37. Section 58-67-304 (Superseded 07/01/18) is amended to read:
2627          58-67-304 (Superseded 07/01/18). License renewal requirements.
2628          (1) As a condition precedent for license renewal, each licensee shall, during each
2629     two-year licensure cycle or other cycle defined by division rule:

2630          (a) complete qualified continuing professional education requirements in accordance
2631     with the number of hours and standards defined by division rule made in collaboration with the
2632     board;
2633          (b) appoint a contact person for access to medical records and an alternate contact
2634     person for access to medical records in accordance with Subsection 58-67-302(1)[(i)](j); and
2635          (c) if the licensee practices medicine in a location with no other persons licensed under
2636     this chapter, provide some method of notice to the licensee's patients of the identity and
2637     location of the contact person and alternate contact person for the licensee.
2638          (2) If a renewal period is extended or shortened under Section 58-67-303, the
2639     continuing education hours required for license renewal under this section are increased or
2640     decreased proportionally.
2641          (3) An application to renew a license under this chapter shall:
2642          (a) require a physician to answer the following question: "Do you perform elective
2643     abortions in Utah in a location other than a hospital?"; and
2644          (b) immediately following the question, contain the following statement: "For purposes
2645     of the immediately preceding question, elective abortion means an abortion other than one of
2646     the following: removal of a dead fetus, removal of an ectopic pregnancy, an abortion that is
2647     necessary to avert the death of a woman, an abortion that is necessary to avert a serious risk of
2648     substantial and irreversible impairment of a major bodily function of a woman, an abortion of a
2649     fetus that has a defect that is uniformly diagnosable and uniformly lethal, or an abortion where
2650     the woman is pregnant as a result of rape or incest."
2651          (4) In order to assist the Department of Health in fulfilling its responsibilities relating
2652     to the licensing of an abortion clinic, if a physician responds positively to the question
2653     described in Subsection (3)(a), the division shall, within 30 days after the day on which it
2654     renews the physician's license under this chapter, inform the Department of Health in writing:
2655          (a) of the name and business address of the physician; and
2656          (b) that the physician responded positively to the question described in Subsection
2657     (3)(a).
2658          Section 38. Section 58-67-304 (Effective 07/01/18) is amended to read:
2659          58-67-304 (Effective 07/01/18). License renewal requirements.
2660          (1) As a condition precedent for license renewal, each licensee shall, during each

2661     two-year licensure cycle or other cycle defined by division rule:
2662          (a) complete qualified continuing professional education requirements in accordance
2663     with the number of hours and standards defined by division rule made in collaboration with the
2664     board;
2665          (b) appoint a contact person for access to medical records and an alternate contact
2666     person for access to medical records in accordance with Subsection 58-67-302(1)[(i)](j);
2667          (c) if the licensee practices medicine in a location with no other persons licensed under
2668     this chapter, provide some method of notice to the licensee's patients of the identity and
2669     location of the contact person and alternate contact person for the licensee; and
2670          (d) if the licensee is an associate physician licensed under Section 58-67-302.8,
2671     successfully complete the educational methods and programs described in Subsection
2672     58-67-807(4).
2673          (2) If a renewal period is extended or shortened under Section 58-67-303, the
2674     continuing education hours required for license renewal under this section are increased or
2675     decreased proportionally.
2676          (3) An application to renew a license under this chapter shall:
2677          (a) require a physician to answer the following question: "Do you perform elective
2678     abortions in Utah in a location other than a hospital?"; and
2679          (b) immediately following the question, contain the following statement: "For purposes
2680     of the immediately preceding question, elective abortion means an abortion other than one of
2681     the following: removal of a dead fetus, removal of an ectopic pregnancy, an abortion that is
2682     necessary to avert the death of a woman, an abortion that is necessary to avert a serious risk of
2683     substantial and irreversible impairment of a major bodily function of a woman, an abortion of a
2684     fetus that has a defect that is uniformly diagnosable and uniformly lethal, or an abortion where
2685     the woman is pregnant as a result of rape or incest."
2686          (4) In order to assist the Department of Health in fulfilling its responsibilities relating
2687     to the licensing of an abortion clinic, if a physician responds positively to the question
2688     described in Subsection (3)(a), the division shall, within 30 days after the day on which it
2689     renews the physician's license under this chapter, inform the Department of Health in writing:
2690          (a) of the name and business address of the physician; and
2691          (b) that the physician responded positively to the question described in Subsection

2692     (3)(a).
2693          Section 39. Section 58-67-403 is amended to read:
2694          58-67-403. Revocation of license -- Nondisciplinary.
2695          Revocation by the division of a license under Subsection 58-67-302(1)[(e)](f) for
2696     failure to continue on a resident training program for reasons other than unprofessional or
2697     unlawful conduct is a nondisciplinary action and may not be reported by the division as a
2698     disciplinary action against the licensee.
2699          Section 40. Section 58-67-503 is amended to read:
2700          58-67-503. Penalties and administrative actions for unlawful and unprofessional
2701     conduct.
2702          (1) Any person who violates the unlawful conduct provisions of Section 58-67-501 or
2703     Section 58-1-501 is guilty of a third degree felony.
2704          (2) (a) Subject to Subsection (4), the division may punish unprofessional or unlawful
2705     conduct by:
2706          (i) assessing administrative penalties; or
2707          (ii) taking other appropriate administrative action.
2708          (b) A monetary administrative penalty imposed under this section shall be deposited in
2709     the Physician Education Fund created in Section 58-67a-1.
2710          (3) If a licensee has been convicted of unlawful conduct, described in Section
2711     58-67-501, before an administrative proceeding regarding the same conduct, the division may
2712     not assess an additional administrative fine under this chapter for the same conduct.
2713          (4) (a) If the division concludes that an individual has violated provisions of Section
2714     58-67-501, Section 58-67-502, Chapter 1, Division of Occupational and Professional Licensing
2715     Act, Chapter 37, Utah Controlled Substances Act, or any rule or order issued with respect to
2716     these provisions, and disciplinary action is appropriate, the director or director's designee shall:
2717          (i) issue a citation to the individual;
2718          (ii) attempt to negotiate a stipulated settlement; or
2719          (iii) notify the individual that an adjudicative proceeding conducted under Title 63G,
2720     Chapter 4, Administrative Procedures Act, will be commenced and the individual is invited to
2721     appear.
2722          (b) The division may take the following action against an individual who is in violation

2723     of a provision described in Subsection (4)(a), as evidenced by an uncontested citation, a
2724     stipulated settlement, or a finding of violation in an adjudicative proceeding:
2725          (i) assess a fine of up to $10,000 per single violation or up to $2,000 per day of
2726     ongoing violation, whichever is greater, in accordance with a fine schedule established by rule;
2727     or
2728          (ii) order to cease and desist from the behavior that constitutes a violation of the
2729     provisions described in Subsection (4)(a).
2730          (c) An individual's license may not be suspended or revoked through a citation.
2731          (d) Each citation issued under this section shall:
2732          (i) be in writing;
2733          (ii) clearly describe or explain:
2734          (A) the nature of the violation, including a reference to the provision of the chapter,
2735     rule, or order alleged to have been violated;
2736          (B) that the recipient must notify the division in writing within 20 calendar days from
2737     the day on which the citation is served if the recipient wishes to contest the citation at a hearing
2738     conducted under Title 63G, Chapter 4, Administrative Procedures Act; and
2739          (C) the consequences of failure to timely contest the citation or pay the fine assessed by
2740     the citation within the time specified in the citation; and
2741          (iii) be served in accordance with the Utah Rules of Civil Procedure.
2742          (e) If the individual to whom the citation is issued fails to request a hearing to contest
2743     the citation within 20 calendar days from the day on which the citation is served, the citation
2744     becomes the final order of the division and is not subject to further agency review. The period
2745     to contest the citation may be extended by the division for cause.
2746          (f) The division may refuse to issue or renew or suspend, revoke, or place on probation
2747     the license of an individual who fails to comply with a citation after the citation becomes final.
2748          (g) The failure of an applicant for licensure to comply with a citation after it becomes
2749     final is a ground for denial of license.
2750          (h) No citation may be issued under this section after six months from the day on
2751     which the violation last occurred.
2752          (5) (a) The director may collect a penalty imposed under this section that is not paid by:
2753          (i) referring the matter to a collection agency; or

2754          (ii) bringing an action in the district court of the county where the person against whom
2755     the penalty is imposed resides or in the county where the office of the director is located.
2756          (b) A county attorney or the attorney general of the state shall provide legal assistance
2757     and advice to the director in an action to collect a penalty.
2758          (c) A court shall award reasonable attorney fees and costs to the prevailing party in an
2759     action brought by the division to collect a penalty.
2760          Section 41. Section 58-68-302 is amended to read:
2761          58-68-302. Qualifications for licensure.
2762          (1) An applicant for licensure as an osteopathic physician and surgeon, except as set
2763     forth in Subsection (2), shall:
2764          (a) submit an application in a form prescribed by the division, which may include:
2765          (i) submissions by the applicant of information maintained by practitioner data banks,
2766     as designated by division rule, with respect to the applicant;
2767          (ii) a record of professional liability claims made against the applicant and settlements
2768     paid by or on behalf of the applicant; and
2769          (iii) authorization to use a record coordination and verification service approved by the
2770     division in collaboration with the board;
2771          (b) pay a fee determined by the department under Section 63J-1-504;
2772          (c) be of good moral character;
2773          (d) if the applicant is applying to participate in the Interstate Medical Licensure
2774     Compact under Chapter 67b, Interstate Medical Licensure Compact, consent to a criminal
2775     background check in accordance with Section 58-68-302.1 and any requirements established by
2776     rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act;
2777          [(d)] (e) provide satisfactory documentation of having successfully completed a
2778     program of professional education preparing an individual as an osteopathic physician and
2779     surgeon, as evidenced by:
2780          (i) having received an earned degree of doctor of osteopathic medicine from an AOA
2781     approved medical school or college; or
2782          (ii) submitting a current certification by the Educational Commission for Foreign
2783     Medical Graduates or any successor organization approved by the division in collaboration
2784     with the board, if the applicant is graduated from an osteopathic medical school or college

2785     located outside of the United States or its territories which at the time of the applicant's
2786     graduation, met criteria for accreditation by the AOA;
2787          [(e)] (f) satisfy the division and board that the applicant:
2788          (i) has successfully completed 24 months of progressive resident training in an
2789     ACGME or AOA approved program after receiving a degree of doctor of osteopathic medicine
2790     required under Subsection (1)[(d)](e); or
2791          (ii) (A) has successfully completed 12 months of resident training in an ACGME or
2792     AOA approved program after receiving a degree of doctor of osteopathic medicine as required
2793     under Subsection (1)[(d)](e);
2794          (B) has been accepted in and is successfully participating in progressive resident
2795     training in an ACGME or AOA approved program within Utah, in the applicant's second or
2796     third year of postgraduate training; and
2797          (C) has agreed to surrender to the division the applicant's license as an osteopathic
2798     physician and surgeon without any proceedings under Title 63G, Chapter 4, Administrative
2799     Procedures Act, and has agreed the applicant's license as an osteopathic physician and surgeon
2800     will be automatically revoked by the division if the applicant fails to continue in good standing
2801     in an ACGME or AOA approved progressive resident training program within the state;
2802          [(f)] (g) pass the licensing examination sequence required by division rule, as made in
2803     collaboration with the board;
2804          [(g)] (h) be able to read, write, speak, understand, and be understood in the English
2805     language and demonstrate proficiency to the satisfaction of the board, if requested by the board;
2806          [(h)] (i) meet with the board and representatives of the division, if requested for the
2807     purpose of evaluating the applicant's qualifications for licensure;
2808          [(i)] (j) designate:
2809          (i) a contact person for access to medical records in accordance with the federal Health
2810     Insurance Portability and Accountability Act; and
2811          (ii) an alternate contact person for access to medical records, in the event the original
2812     contact person is unable or unwilling to serve as the contact person for access to medical
2813     records; and
2814          [(j)] (k) establish a method for notifying patients of the identity and location of the
2815     contact person and alternate contact person, if the applicant will practice in a location with no

2816     other persons licensed under this chapter.
2817          (2) An applicant for licensure as an osteopathic physician and surgeon by endorsement
2818     who is currently licensed to practice osteopathic medicine in any state other than Utah, a
2819     district or territory of the United States, or Canada shall:
2820          (a) be currently licensed with a full unrestricted license in good standing in any state,
2821     district or territory of the United States, or Canada;
2822          (b) have been actively engaged in the legal practice of osteopathic medicine in any
2823     state, district or territory of the United States, or Canada for not less than 6,000 hours during
2824     the five years immediately preceding the day on which the applicant applied for licensure in
2825     Utah;
2826          (c) comply with the requirements for licensure under Subsections (1)(a) through [(d)]
2827     (e), (1)[(e)](f)(i), and (1)[(g)](h) through [(j)] (k);
2828          (d) have passed the licensing examination sequence required in Subsection (1)[(f)](g)
2829     or another medical licensing examination sequence in another state, district or territory of the
2830     United States, or Canada that the division in collaboration with the board by rulemaking
2831     determines is equivalent to its own required examination;
2832          (e) not have any investigation or action pending against any health care license of the
2833     applicant, not have a health care license that was suspended or revoked in any state, district or
2834     territory of the United States, or Canada, and not have surrendered a health care license in lieu
2835     of a disciplinary action, unless:
2836          (i) the license was subsequently reinstated as a full unrestricted license in good
2837     standing; or
2838          (ii) the division in collaboration with the board determines, after full disclosure by the
2839     applicant, that:
2840          (A) the conduct has been corrected, monitored, and resolved; or
2841          (B) a mitigating circumstance exists that prevents its resolution, and the division in
2842     collaboration with the board is satisfied that, but for the mitigating circumstance, the license
2843     would be reinstated;
2844          (f) submit to a records review, a practice review history, and physical and
2845     psychological assessments, if requested by the division in collaboration with the board; and
2846          (g) produce evidence that the applicant meets the requirements of this Subsection (2) to

2847     the satisfaction of the division in collaboration with the board.
2848          (3) An applicant for licensure by endorsement may engage in the practice of medicine
2849     under a temporary license while the applicant's application for licensure is being processed by
2850     the division, provided:
2851          (a) the applicant submits a complete application required for temporary licensure to the
2852     division;
2853          (b) the applicant submits a written document to the division from:
2854          (i) a health care facility licensed under Title 26, Chapter 21, Health Care Facility
2855     Licensing and Inspection Act, stating that the applicant is practicing under the:
2856          (A) invitation of the health care facility; and
2857          (B) the general supervision of a physician practicing at the health care facility; or
2858          (ii) two individuals licensed under this chapter, whose license is in good standing and
2859     who practice in the same clinical location, both stating that:
2860          (A) the applicant is practicing under the invitation and general supervision of the
2861     individual; and
2862          (B) the applicant will practice at the same clinical location as the individual;
2863          (c) the applicant submits a signed certification to the division that the applicant meets
2864     the requirements of Subsection (2);
2865          (d) the applicant does not engage in the practice of medicine until the division has
2866     issued a temporary license;
2867          (e) the temporary license is only issued for and may not be extended or renewed
2868     beyond the duration of one year from issuance; and
2869          (f) the temporary license expires immediately and prior to the expiration of one year
2870     from issuance, upon notification from the division that the applicant's application for licensure
2871     by endorsement is denied.
2872          (4) The division shall issue a temporary license under Subsection (3) within 15
2873     business days after the applicant satisfies the requirements of Subsection (3).
2874          (5) The division may not require a post-residency board certification as a requirement
2875     for licensure.
2876          Section 42. Section 58-68-302.1 is enacted to read:
2877          58-68-302.1. Qualifications for licensure -- Criminal background check.

2878          (1) An applicant for participation in the Interstate Medical Licensure Compact under
2879     Chapter 67b, Interstate Medical Licensure Compact, shall:
2880          (a) submit fingerprint cards in a form acceptable to the division at the time the license
2881     application is filed; and
2882          (b) consent to a fingerprint background check conducted by the Bureau of Criminal
2883     Identification and the Federal Bureau of Investigation.
2884          (2) The division shall:
2885          (a) in addition to other fees authorized by this chapter, collect from each applicant
2886     submitting fingerprints in accordance with this section the fee that the Bureau of Criminal
2887     Identification is authorized to collect for the services provided under Section 53-10-108 and the
2888     fee charged by the Federal Bureau of Investigation for fingerprint processing for the purpose of
2889     obtaining federal criminal history record information;
2890          (b) submit from each applicant the fingerprint card and the fees described in
2891     Subsection (2)(a) to the Bureau of Criminal Identification; and
2892          (c) obtain and retain in division records a signed waiver approved by the Bureau of
2893     Criminal Identification in accordance with Section 53-10-108 for each applicant.
2894          (3) The Bureau of Criminal Identification shall, in accordance with the requirements of
2895     Section 53-10-108:
2896          (a) check the fingerprints submitted under Subsection (2)(b) against the applicable state
2897     and regional criminal records databases;
2898          (b) forward the fingerprints to the Federal Bureau of Investigation for a national
2899     criminal history background check; and
2900          (c) provide the results from the state, regional, and nationwide criminal history
2901     background checks to the division.
2902          (4) For purposes of conducting a criminal background check required under this
2903     section, the division shall have direct access to criminal background information maintained
2904     under Title 53, Chapter 10, Part 2, Bureau of Criminal Identification.
2905          (5) The division may not disseminate outside of the division any criminal history
2906     record information that the division obtains from the Bureau of Criminal Identification or the
2907     Federal Bureau of Investigation under the criminal background check requirements of this
2908     section.

2909          (6) The division may not issue a letter of qualification to participate in the Interstate
2910     Medical Licensure Compact until the criminal background check described in this section is
2911     completed.
2912          Section 43. Section 58-68-302.5 (Effective 07/01/18) is amended to read:
2913          58-68-302.5 (Effective 07/01/18). Restricted licensing of an associate physician.
2914          (1) An individual may apply for a restricted license as an associate physician if the
2915     individual:
2916          (a) meets the requirements described in Subsections 58-68-302(1)(a) through [(c)] (d),
2917     (1)[(d)](e)(i), and (1)[(g)](h) through [(j)] (k);
2918          (b) successfully completes Step 1 and Step 2 of the United States Medical Licensing
2919     Examination or the equivalent steps of another board-approved medical licensing examination:
2920          (i) within three years after the day on which the applicant graduates from a program
2921     described in Subsection 58-68-302(1)[(d)](e)(i); and
2922          (ii) within two years before applying for a restricted license as an associate physician;
2923     and
2924          (c) is not currently enrolled in and has not completed a residency program.
2925          (2) Before a licensed associate physician may engage in the practice of medicine as
2926     described in Subsection (3), the licensed associate physician shall:
2927          (a) enter into a collaborative practice arrangement described in Section 58-68-807
2928     within six months after the associate physician's initial licensure; and
2929          (b) receive division approval of the collaborative practice arrangement.
2930          (3) An associate physician's scope of practice is limited to primary care services to
2931     medically underserved populations or in medically underserved areas within the state.
2932          Section 44. Section 58-68-304 (Superseded 07/01/18) is amended to read:
2933          58-68-304 (Superseded 07/01/18). License renewal requirements.
2934          (1) As a condition precedent for license renewal, each licensee shall, during each
2935     two-year licensure cycle or other cycle defined by division rule:
2936          (a) complete qualified continuing professional education requirements in accordance
2937     with the number of hours and standards defined by division rule in collaboration with the
2938     board;
2939          (b) appoint a contact person for access to medical records and an alternate contact

2940     person for access to medical records in accordance with Subsection 58-68-302(1)[(i)](j); and
2941          (c) if the licensee practices osteopathic medicine in a location with no other persons
2942     licensed under this chapter, provide some method of notice to the licensee's patients of the
2943     identity and location of the contact person and alternate contact person for access to medical
2944     records for the licensee in accordance with Subsection 58-68-302(1)[(j)](k).
2945          (2) If a renewal period is extended or shortened under Section 58-68-303, the
2946     continuing education hours required for license renewal under this section are increased or
2947     decreased proportionally.
2948          (3) An application to renew a license under this chapter shall:
2949          (a) require a physician to answer the following question: "Do you perform elective
2950     abortions in Utah in a location other than a hospital?"; and
2951          (b) immediately following the question, contain the following statement: "For purposes
2952     of the immediately preceding question, elective abortion means an abortion other than one of
2953     the following: removal of a dead fetus, removal of an ectopic pregnancy, an abortion that is
2954     necessary to avert the death of a woman, an abortion that is necessary to avert a serious risk of
2955     substantial and irreversible impairment of a major bodily function of a woman, an abortion of a
2956     fetus that has a defect that is uniformly diagnosable and uniformly lethal, or an abortion where
2957     the woman is pregnant as a result of rape or incest."
2958          (4) In order to assist the Department of Health in fulfilling its responsibilities relating
2959     to the licensing of an abortion clinic, if a physician responds positively to the question
2960     described in Subsection (3)(a), the division shall, within 30 days after the day on which it
2961     renews the physician's license under this chapter, inform the Department of Health in writing:
2962          (a) of the name and business address of the physician; and
2963          (b) that the physician responded positively to the question described in Subsection
2964     (3)(a).
2965          Section 45. Section 58-68-304 (Effective 07/01/18) is amended to read:
2966          58-68-304 (Effective 07/01/18). License renewal requirements.
2967          (1) As a condition precedent for license renewal, each licensee shall, during each
2968     two-year licensure cycle or other cycle defined by division rule:
2969          (a) complete qualified continuing professional education requirements in accordance
2970     with the number of hours and standards defined by division rule in collaboration with the

2971     board;
2972          (b) appoint a contact person for access to medical records and an alternate contact
2973     person for access to medical records in accordance with Subsection 58-68-302(1)[(i)](j);
2974          (c) if the licensee practices osteopathic medicine in a location with no other persons
2975     licensed under this chapter, provide some method of notice to the licensee's patients of the
2976     identity and location of the contact person and alternate contact person for access to medical
2977     records for the licensee in accordance with Subsection 58-68-302(1)[(j)](k); and
2978          (d) if the licensee is an associate physician licensed under Section 58-68-302.5,
2979     successfully complete the educational methods and programs described in Subsection
2980     58-68-807(4).
2981          (2) If a renewal period is extended or shortened under Section 58-68-303, the
2982     continuing education hours required for license renewal under this section are increased or
2983     decreased proportionally.
2984          (3) An application to renew a license under this chapter shall:
2985          (a) require a physician to answer the following question: "Do you perform elective
2986     abortions in Utah in a location other than a hospital?"; and
2987          (b) immediately following the question, contain the following statement: "For purposes
2988     of the immediately preceding question, elective abortion means an abortion other than one of
2989     the following: removal of a dead fetus, removal of an ectopic pregnancy, an abortion that is
2990     necessary to avert the death of a woman, an abortion that is necessary to avert a serious risk of
2991     substantial and irreversible impairment of a major bodily function of a woman, an abortion of a
2992     fetus that has a defect that is uniformly diagnosable and uniformly lethal, or an abortion where
2993     the woman is pregnant as a result of rape or incest."
2994          (4) In order to assist the Department of Health in fulfilling its responsibilities relating
2995     to the licensing of an abortion clinic, if a physician responds positively to the question
2996     described in Subsection (3)(a), the division shall, within 30 days after the day on which it
2997     renews the physician's license under this chapter, inform the Department of Health in writing:
2998          (a) of the name and business address of the physician; and
2999          (b) that the physician responded positively to the question described in Subsection
3000     (3)(a).
3001          Section 46. Section 58-68-403 is amended to read:

3002          58-68-403. Revocation of license -- Nondisciplinary.
3003          Revocation by the division of a license under Subsection 58-68-302(1)[(e)](f) for
3004     failure to continue on a resident training program for reasons other than unprofessional or
3005     unlawful conduct is a nondisciplinary action and may not be reported by the division as a
3006     disciplinary action against the licensee.
3007          Section 47. Section 58-68-503 is amended to read:
3008          58-68-503. Penalties and administrative actions for unlawful and unprofessional
3009     conduct.
3010          (1) Any person who violates the unlawful conduct provisions of Section 58-68-501 or
3011     Section 58-1-501 is guilty of a third degree felony.
3012          (2) (a) Subject to Subsection (4), the division may punish unprofessional or unlawful
3013     conduct by:
3014          (i) assessing administrative penalties; or
3015          (ii) taking any other appropriate administrative action.
3016          (b) A monetary administrative penalty imposed under this section shall be deposited in
3017     the Physician Education Fund described in Section 58-67a-1.
3018          (3) If a licensee is convicted of unlawful conduct, described in Section 58-68-501,
3019     before an administrative proceeding regarding the same conduct, the licensee may not be
3020     assessed an administrative fine under this chapter for the same conduct.
3021          (4) (a) If the division concludes that an individual has violated the provisions of
3022     Section 58-68-501, Section 58-68-502, Chapter 1, Division of Occupational and Professional
3023     Licensing Act, Chapter 37, Utah Controlled Substances Act, or any rule or order issued with
3024     respect to these provisions, and disciplinary action is appropriate, the director or director's
3025     designee shall:
3026          (i) issue a citation to the individual;
3027          (ii) attempt to negotiate a stipulated settlement; or
3028          (iii) notify the individual that an adjudicative proceeding conducted under Title 63G,
3029     Chapter 4, Administrative Procedures Act, will be commenced and the individual is invited to
3030     appear.
3031          (b) The division may take the following action against an individual who is in violation
3032     of a provision described in Subsection (4)(a), as evidenced by an uncontested citation, a

3033     stipulated settlement, or a finding of violation in an adjudicative proceeding:
3034          (i) assess a fine of up to $10,000 per single violation or $2,000 per day of ongoing
3035     violation, whichever is greater, in accordance with a fine schedule established by rule; or
3036          (ii) order to cease and desist from the behavior that constitutes a violation of provisions
3037     described in Subsection (4)(a).
3038          (c) Except for an administrative fine and a cease and desist order, the licensure
3039     sanctions cited in Section 58-1-401 may not be assessed through a citation.
3040          (d) Each citation issued under this section shall:
3041          (i) be in writing;
3042          (ii) clearly describe or explain:
3043          (A) the nature of the violation, including a reference to the provision of the chapter,
3044     rule, or order alleged to have been violated;
3045          (B) that the recipient must notify the division in writing within 20 calendar days from
3046     the day on which the citation is served if the recipient wishes to contest the citation at a hearing
3047     conducted under Title 63G, Chapter 4, Administrative Procedures Act; and
3048          (C) the consequences of failure to timely contest the citation or pay the fine assessed by
3049     the citation within the time specified in the citation; and
3050          (iii) be served in accordance with the requirements of the Utah Rules of Civil
3051     Procedure.
3052          (e) If the individual to whom the citation is issued fails to request a hearing to contest
3053     the citation within 20 calendar days from the day on which the citation is served, the citation
3054     becomes the final order of the division and is not subject to further agency review. The period
3055     to contest the citation may be extended by the division for cause.
3056          (f) The division may refuse to issue or renew or suspend, revoke, or place on probation
3057     the license of an individual who fails to comply with a citation after the citation becomes final.
3058          (g) The failure of an applicant for licensure to comply with a citation after it becomes
3059     final is a ground for denial of a license.
3060          (h) No citation may be issued under this section after six months from the day on
3061     which the last violation occurred.
3062          (5) (a) The director may collect a penalty imposed under this section that is not paid by:
3063          (i) referring the matter to a collection agency; or

3064          (ii) bringing an action in the district court of the county where the person against whom
3065     the penalty is imposed resides or in the county where the office of the director is located.
3066          (b) A county attorney or the attorney general of the state shall provide legal assistance
3067     and advice to the director in an action to collect a penalty.
3068          (c) A court shall award reasonable attorney fees and costs to the prevailing party in an
3069     action brought by the division to collect a penalty.
3070          Section 48. Section 58-71-503 is amended to read:
3071          58-71-503. Penalty for unlawful conduct.
3072          (1) Any person who violates the unlawful conduct provisions of Section 58-71-501,
3073     Subsection 58-1-501(1)(a), or 58-1-501(1)(c) is guilty of a third degree felony.
3074          (2) The division may assess administrative penalties in accordance with the provisions
3075     of Section 58-71-402, for acts of unlawful conduct.
3076          (3) (a) The director may collect a penalty that is not paid by:
3077          (i) referring the matter to a collection agency; or
3078          (ii) bringing an action in the district court of the county where the person against whom
3079     the penalty is imposed resides or in the county where the office of the director is located.
3080          (b) A county attorney or the attorney general of the state shall provide legal assistance
3081     and advice to the director in an action to collect a penalty.
3082          (c) A court shall award reasonable attorney fees and costs to the prevailing party in an
3083     action brought by the division to collect a penalty.
3084          Section 49. Section 58-76-502 is amended to read:
3085          58-76-502. Penalty for unlawful conduct.
3086          (1) (a) If, upon inspection or investigation, the division concludes that a person has
3087     violated Section 58-76-501 or any rule or order issued with respect to Section 58-76-501, and
3088     that disciplinary action is appropriate, the director or the director's designee from within the
3089     division shall promptly issue a citation to the person according to this chapter and any pertinent
3090     rules, attempt to negotiate a stipulated settlement, or notify the person to appear before an
3091     adjudicative proceeding conducted under Title 63G, Chapter 4, Administrative Procedures Act.
3092          (i) A person who violates Subsections 58-1-501(1)(a) through (d) or Section 58-76-501
3093     or any rule or order issued with respect to Section 58-76-501, as evidenced by an uncontested
3094     citation, a stipulated settlement, or by a finding of violation in an adjudicative proceeding, may

3095     be assessed a fine pursuant to this Subsection (1) and may, in addition to or in lieu of, be
3096     ordered to cease and desist from violating Subsections 58-1-501(1)(a) through (d) or Section
3097     58-76-501 or any rule or order issued with respect to this section.
3098          (ii) Except for a cease and desist order, the licensure sanctions cited in Section
3099     58-76-401 may not be assessed through a citation.
3100          (b) A citation shall:
3101          (i) be in writing;
3102          (ii) describe with particularity the nature of the violation, including a reference to the
3103     provision of the chapter, rule, or order alleged to have been violated;
3104          (iii) clearly state that the recipient must notify the division in writing within 20
3105     calendar days of service of the citation if the recipient wishes to contest the citation at a hearing
3106     conducted under Title 63G, Chapter 4, Administrative Procedures Act; and
3107          (iv) clearly explain the consequences of failure to timely contest the citation or to make
3108     payment of any fines assessed by the citation within the time specified in the citation.
3109          (c) The division may issue a notice in lieu of a citation.
3110          (d) Each citation issued under this section, or a copy of each citation, may be served
3111     upon any person upon whom a summons may be served in accordance with the Utah Rules of
3112     Civil Procedure and may be made personally or upon the person's agent by a division
3113     investigator or by any person specially designated by the director or by mail.
3114          (e) If within 20 calendar days from the service of the citation, the person to whom the
3115     citation was issued fails to request a hearing to contest the citation, the citation becomes the
3116     final order of the division and is not subject to further agency review. The period to contest a
3117     citation may be extended by the division for cause.
3118          (f) The division may refuse to issue or renew, suspend, revoke, or place on probation
3119     the license of a licensee who fails to comply with a citation after it becomes final.
3120          (g) The failure of an applicant for licensure to comply with a citation after it becomes
3121     final is a ground for denial of license.
3122          (h) No citation may be issued under this section after the expiration of six months
3123     following the occurrence of any violation.
3124          (i) The director or the director's designee shall assess fines according to the following:
3125          (i) for a first offense handled pursuant to Subsection (1)(a), a fine of up to $1,000;

3126          (ii) for a second offense handled pursuant to Subsection (1)(a), a fine of up to $2,000;
3127     and
3128          (iii) for any subsequent offense handled pursuant to Subsection (1)(a), a fine of up to
3129     $2,000 for each day of continued offense.
3130          (2) An action initiated for a first or second offense which has not yet resulted in a final
3131     order of the division shall not preclude initiation of any subsequent action for a second or
3132     subsequent offense during the pendency of any preceding action. The final order on a
3133     subsequent action shall be considered a second or subsequent offense, respectively, provided
3134     the preceding action resulted in a first or second offense, respectively.
3135          [(3) Any penalty which is not paid may be collected by the director by either referring
3136     the matter to a collection agency or bringing an action in the district court of the county in
3137     which the person against whom the penalty is imposed resides or in the county where the office
3138     of the director is located. Any county attorney or the attorney general of the state shall provide
3139     legal assistance and advice to the director in any action to collect the penalty. In any action
3140     brought to enforce the provisions of this section, reasonable attorney's fees and costs shall be
3141     awarded to the division.]
3142          (3) (a) The director may collect a penalty that is not paid by:
3143          (i) referring the matter to a collection agency; or
3144          (ii) bringing an action in the district court of the county where the person against whom
3145     the penalty is imposed resides or in the county where the office of the director is located.
3146          (b) A county attorney or the attorney general of the state shall provide legal assistance
3147     and advice to the director in an action to collect a penalty.
3148          (c) A court shall award reasonable attorney fees and costs to the prevailing party in an
3149     action brought by the division to collect a penalty.
3150          Section 50. Section 58-79-201 is amended to read:
3151          58-79-201. Board.
3152          (1) There is created the Hunting Guides and Outfitters Licensing Board consisting of
3153     [three persons licensed in accordance with this chapter,] five members as follows:
3154          (a) three persons licensed as a hunting guide or an outfitter in accordance with this
3155     chapter;
3156          (b) one member of the Wildlife Board, created in Section 23-14-2, selected by the

3157     Wildlife Board[,]; and
3158          (c) one person appointed by the Wildlife Board.
3159          (2) Except for the two members selected by the Wildlife Board, the board shall be
3160     appointed and serve in accordance with Section 58-1-201.
3161          (3) The two members selected by the Wildlife Board may not hold a license regulated
3162     by this chapter.
3163          [(3)] (4) (a) The duties and responsibilities of the board shall be in accordance with
3164     Sections 58-1-202 and 58-1-203.
3165          (b) The board shall also:
3166          (i) designate one of its members on a permanent or rotating basis to assist the division
3167     in reviewing complaints concerning the unlawful or unprofessional conduct of hunting guides
3168     and outfitters; and
3169          (ii) advise the division in its investigations of these complaints.
3170          [(4)] (5) A board member who has, under Subsection [(3)] (4)(b), reviewed a complaint
3171     or advised in its investigation may be disqualified from participating with the board when the
3172     board serves as a presiding officer in an adjudicative proceeding concerning the complaint.
3173          Section 51. Section 78B-3-416 is amended to read:
3174          78B-3-416. Division to provide panel -- Exemption -- Procedures -- Statute of
3175     limitations tolled -- Composition of panel -- Expenses -- Division authorized to set license
3176     fees.
3177          (1) (a) The division shall provide a hearing panel in alleged medical liability cases
3178     against health care providers as defined in Section 78B-3-403, except dentists.
3179          (b) (i) The division shall establish procedures for prelitigation consideration of medical
3180     liability claims for damages arising out of the provision of or alleged failure to provide health
3181     care.
3182          (ii) The division may establish rules necessary to administer the process and
3183     procedures related to prelitigation hearings and the conduct of prelitigation hearings in
3184     accordance with Sections 78B-3-416 through 78B-3-420.
3185          (c) The proceedings are informal, nonbinding, and are not subject to Title 63G, Chapter
3186     4, Administrative Procedures Act, but are compulsory as a condition precedent to commencing
3187     litigation.

3188          (d) Proceedings conducted under authority of this section are confidential, privileged,
3189     and immune from civil process.
3190          (2) (a) The party initiating a medical liability action shall file a request for prelitigation
3191     panel review with the division within 60 days after the service of a statutory notice of intent to
3192     commence action under Section 78B-3-412.
3193          (b) The request shall include a copy of the notice of intent to commence action. The
3194     request shall be mailed to all health care providers named in the notice and request.
3195          (3) (a) The filing of a request for prelitigation panel review under this section tolls the
3196     applicable statute of limitations until the later of:
3197          (i) 60 days following the division's issuance of:
3198          (A) an opinion by the prelitigation panel; or
3199          (B) a certificate of compliance under Section 78B-3-418; or
3200          (ii) the expiration of the time for holding a hearing under Subsection (3)(b)(ii).
3201          (b) The division shall:
3202          (i) send any opinion issued by the panel to all parties by regular mail; and
3203          (ii) complete a prelitigation hearing under this section within:
3204          (A) 180 days after the filing of the request for prelitigation panel review; or
3205          (B) any longer period as agreed upon in writing by all parties to the review.
3206          (c) If the prelitigation hearing has not been completed within the time limits
3207     established in Subsection (3)(b)(ii), the claimant shall:
3208          (i) file an affidavit of merit under the provisions of Section 78B-3-423; or
3209          (ii) file an affidavit with the division within 180 days of the request for pre-litigation
3210     review, in accordance with Subsection (3)(d), alleging that the respondent has failed to
3211     reasonably cooperate in scheduling the hearing.
3212          (d) If the claimant files an affidavit under Subsection (3)(c)(ii):
3213          (i) within 15 days of the filing of the affidavit under Subsection (3)(c)(ii), the division
3214     shall determine whether either the respondent or the claimant failed to reasonably cooperate in
3215     the scheduling of a pre-litigation hearing; and
3216          (ii) (A) if the determination is that the respondent failed to reasonably cooperate in the
3217     scheduling of a hearing, and the claimant did not fail to reasonably cooperate, the division
3218     shall, issue a certificate of compliance for the claimant in accordance with Section 78B-3-418;

3219     or
3220          (B) if the division makes a determination other than the determination in Subsection
3221     (3)(d)(ii)(A), the claimant shall file an affidavit of merit in accordance with Section 78B-3-423,
3222     within 30 days of the determination of the division under this Subsection (3).
3223          (e) (i) The claimant and any respondent may agree by written stipulation that no useful
3224     purpose would be served by convening a prelitigation panel under this section.
3225          (ii) When the stipulation is filed with the division, the division shall within 10 days
3226     after receipt issue a certificate of compliance under Section 78B-3-418, as it concerns the
3227     stipulating respondent, and stating that the claimant has complied with all conditions precedent
3228     to the commencement of litigation regarding the claim.
3229          (4) The division shall provide for and appoint an appropriate panel or panels to hear
3230     complaints of medical liability and damages, made by or on behalf of any patient who is an
3231     alleged victim of medical liability. The panels are composed of:
3232          (a) one member who is a resident lawyer currently licensed and in good standing to
3233     practice law in this state and who shall serve as chairman of the panel, who is appointed by the
3234     division from among qualified individuals who have registered with the division indicating a
3235     willingness to serve as panel members, and a willingness to comply with the rules of
3236     professional conduct governing lawyers in the state, and who has completed division training
3237     regarding conduct of panel hearings;
3238          (b) (i) one member who is a licensed health care provider listed under Section
3239     78B-3-403, who is practicing and knowledgeable in the same specialty as the proposed
3240     defendant, and who is appointed by the division in accordance with Subsection (5); or
3241          (ii) in claims against only hospitals or their employees, one member who is an
3242     individual currently serving in a hospital administration position directly related to hospital
3243     operations or conduct that includes responsibility for the area of practice that is the subject of
3244     the liability claim, and who is appointed by the division; and
3245          (c) a lay panelist who is not a lawyer, doctor, hospital employee, or other health care
3246     provider, and who is a responsible citizen of the state, selected and appointed by the division
3247     from among individuals who have completed division training with respect to panel hearings.
3248          (5) (a) Each person listed as a health care provider in Section 78B-3-403 and practicing
3249     under a license issued by the state, is obligated as a condition of holding that license to

3250     participate as a member of a medical liability prelitigation panel at reasonable times, places,
3251     and intervals, upon issuance, with advance notice given in a reasonable time frame, by the
3252     division of an Order to Participate as a Medical Liability Prelitigation Panel Member.
3253          (b) A licensee may be excused from appearance and participation as a panel member
3254     upon the division finding participation by the licensee will create an unreasonable burden or
3255     hardship upon the licensee.
3256          (c) A licensee whom the division finds failed to appear and participate as a panel
3257     member when so ordered, without adequate explanation or justification and without being
3258     excused for cause by the division, may be assessed an administrative fine not to exceed $5,000.
3259          (d) A licensee whom the division finds intentionally or repeatedly failed to appear and
3260     participate as a panel member when so ordered, without adequate explanation or justification
3261     and without being excused for cause by the division, may be assessed an administrative fine not
3262     to exceed $5,000, and is guilty of unprofessional conduct.
3263          (e) All fines collected under Subsections (5)(c) and (d) shall be deposited in the
3264     Physicians Education Fund created in Section 58-67a-1.
3265          (f) The director of the division may collect a fine that is not paid by:
3266          (i) referring the matter to a collection agency; or
3267          (ii) bringing an action in the district court of the county where the person against whom
3268     the penalty is imposed resides or in the county where the office of the director is located.
3269          (g) A county attorney or the attorney general of the state shall provide legal assistance
3270     and advice to the director in an action to collect a fine.
3271          (h) A court shall award reasonable attorney fees and costs to the prevailing party in an
3272     action brought by the division to collect a fine.
3273          (6) Each person selected as a panel member shall certify, under oath, that he has no
3274     bias or conflict of interest with respect to any matter under consideration.
3275          (7) A member of the prelitigation hearing panel may not receive compensation or
3276     benefits for the member's service, but may receive per diem and travel expenses in accordance
3277     with:
3278          (a) Section 63A-3-106;
3279          (b) Section 63A-3-107; and
3280          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and

3281     63A-3-107.
3282          (8) (a) In addition to the actual cost of administering the licensure of health care
3283     providers, the division may set license fees of health care providers within the limits
3284     established by law equal to their proportionate costs of administering prelitigation panels.
3285          (b) The claimant bears none of the costs of administering the prelitigation panel except
3286     under Section 78B-3-420.
3287          Section 52. Effective date.
3288          (1) Except as provided in Subsection (2), this bill takes effect on May 8, 2018.
3289          (2) The amendments to the following sections take effect on July 1, 2018:
3290          (a) Section 58-67-302.8 (Effective 07/01/18);
3291          (b) Section 58-67-304 (Effective 07/01/18);
3292          (c) Section 58-68-302.5 (Effective 07/01/18); and
3293          (d) Section 58-68-304 (Effective 07/01/18).