This document includes House Committee Amendments incorporated into the bill on Tue, Feb 12, 2019 at 10:53 AM by pflowers.



Chief Sponsor: Norman K. Thurston

Senate Sponsor: Wayne A. Harper


8     General Description:
9          This bill modifies the Division of Occupational and Professional Licensing (DOPL)
10     Act.
11     Highlighted Provisions:
12          This bill:
13          ▸     defines terms, including "competency-based licensing requirement";
14          ▸     allows the director of DOPL to implement competency-based licensing
15     requirements under certain circumstances; and
16          ▸     makes technical changes.
17     Money Appropriated in this Bill:
18          None
19     Other Special Clauses:
20          None
21     Utah Code Sections Affected:
22     AMENDS:
23          58-1-301, as last amended by Laws of Utah 2013, Chapter 426

25     Be it enacted by the Legislature of the state of Utah:
26          Section 1. Section 58-1-301 is amended to read:
27          58-1-301. License application -- Licensing procedure.

28          (1) (a) Each license applicant shall apply to the division in writing upon forms
29     available from the division.
30          (b) Each completed application shall:
31          (i) contain documentation of the particular qualifications required of the applicant[,
32     shall];
33          (ii) include the applicant's Social Security number[, shall];
34          (iii) be verified by the applicant[, and shall]; and
35          (iv) be accompanied by the appropriate fees.
36          [(b)] (c) An applicant's social security number is a private record under Subsection
37     63G-2-302(1)(i).
38          (2) (a) [A license shall be issued] The division shall issue a license to an applicant who
39     submits a complete application if the division determines that the applicant meets the
40     qualifications of licensure.
41          (b) [A written notice of additional proceedings shall be provided] The division shall
42     provide a written notice of additional proceedings to an applicant who submits a complete
43     application, but who has been, is, or will be placed under investigation by the division for
44     conduct directly bearing upon the applicant's qualifications for licensure, if the outcome of
45     additional proceedings is required to determine the division's response to the application.
46          (c) [A written notice of denial of licensure shall be provided] The division shall
47     provide a written notice of denial of licensure to an applicant who submits a complete
48     application if the division determines that the applicant does not meet the qualifications of
49     licensure.
50          (d) [A written notice of incomplete application and conditional denial of licensure shall
51     be provided] The division shall provide a written notice of incomplete application and
52     conditional denial of licensure to an applicant who submits an incomplete application[. This],
53     which notice shall advise the applicant that the application is incomplete and that the
54     application is denied, unless the applicant corrects the deficiencies within the time period
55     specified in the notice and otherwise meets all qualifications for licensure.
56          (3) [Before any person is issued a license under this title, all requirements for that
57     license as established under this title and by rule shall be met] The division may only issue a
58     license to an applicant under this title if the applicant meets the requirements for that license as

59     established under this title and by division rule made in accordance with Title 63G, Chapter 3,
60     Utah Administrative Rulemaking Act.
61          (4) If an applicant meets all requirements [are met for the] for a specific license, the
62     division shall issue the license to the applicant.
63          (5) (a) As used in this Subsection (5):
64          (i) (A) "Competency-based licensing requirement" means a practical assessment of
65     knowledge and skills that clearly demonstrate a person is prepared to engage in an occupation
66     or profession regulated by this title, and which the director determines is at least as effective as
67     a time-based licensing requirement at demonstrating proficiency and protecting the health and
68     safety of the public.
69          (B) "Competency-based licensing requirement" may include any combination of
70     training, experience, testing, or observation.
71          (ii) (A) "Time-based licensing requirement" means a specific number of hours, weeks,
72     months, or years of education, training, supervised training, or other experience that an
73     applicant for licensure under this title is required to complete before receiving a license under
74     this title.
75          (B) "Time-based licensing requirement" does not include an associate degree, a
76     bachelor's degree, or a graduate degree from an accredited institution of higher education.
77          (b) Ĥ→ [
For] Subject to Subsection (5)(c), for ←Ĥ an occupation or profession regulated
77a     by this title that has a time-based
78     licensing requirement, the director, after consultation with the appropriate board, may by
79     division rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking
80     Act, allow an applicant to complete a competency-based licensing requirement as an alternative
81     to completing the time-based licensing requirement.
81a     Ĥ→ (c) If a time-based licensing requirement involves a program that must be approved or
81b     accredited by a specific entity or board, the director may only allow an applicant to complete a
81c     competency-based licensing requirement as an alternative to completing the time-based
81d     licensing requirement under Subsection (5)(b) if the competency-based requirement is
81e     approved or accredited by the specific entity or board as a replacement or alternative to the
81f     time-based licensing requirement. ←Ĥ
82          Ĥ→ [
(c)] (d) ←Ĥ By October 1 of each year, the director shall provide a written report to the
83     Occupational and Professional Licensure Review Committee describing any competency-based
84     licensing requirements implemented under this Subsection (5).