This document includes House Floor Amendments incorporated into the bill on Wed, Mar 4, 2020 at 12:10 PM by pflowers.
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8 LONG TITLE
9 General Description:
10 This bill modifies provisions related to the Division of Occupational and Professional
11 Licensing (the division).
12 Highlighted Provisions:
13 This bill:
14 ▸ modifies the division's administrative fine authority;
15 ▸ modifies the division's authority to grant a license by endorsement;
16 ▸ modifies the responsibilities of the Uniform Building Code Commission;
17 ▸ modifies the division's licensing fees for active duty personnel;
18 ▸ modifies licensing regulations during disasters;
19 ▸ removes good moral character provisions for many licensed professions;
20 ▸ modifies provisions concerning the licensing requirements for certain cosmetology
21 related professions;
22 ▸ modifies the division's required uses of surcharges for certain professions;
23 ▸ modifies background check provisions for certain medical professions and for
24 licensed security guards;
25 ▸ modifies the membership of the Plumbers Licensing Board and the Electricians
26 Licensing Board;
27 ▸ modifies provisions related to the health facility administrator license;
28 ▸ modifies the citation authority of the division;
29 ▸ modifies pharmacy notification requirements;
30 ▸ modifies provisions related to prelitigation panels under the Utah Health Care
31 Malpractice Act;
32 ▸ modifies provisions related to disclosing information from the controlled substance
33 database in criminal proceedings;
34 ▸ modifies provisions related to unprofessional and unlawful conduct for professions
35 regulated by the division; and
36 ▸ makes technical and conforming changes.
37 Money Appropriated in this Bill:
38 None
39 Other Special Clauses:
40 None
41 Utah Code Sections Affected:
42 AMENDS:
43 15A-1-203, as last amended by Laws of Utah 2019, Chapters 20 and 119
44 38-11-102, as last amended by Laws of Utah 2018, Chapter 229
45 58-1-301.3, as enacted by Laws of Utah 2018, Chapter 331
46 58-1-301.5, as last amended by Laws of Utah 2018, Chapter 318
47 58-1-301.7, as last amended by Laws of Utah 2013, Chapter 262
48 58-1-302, as last amended by Laws of Utah 2019, Chapter 215
49 58-1-307, as last amended by Laws of Utah 2019, Chapters 136 and 349
50 58-1-501, as last amended by Laws of Utah 2019, Chapter 198
51 58-1-502, as last amended by Laws of Utah 2018, Chapter 318
52 58-3a-105, as enacted by Laws of Utah 2019, Chapter 215
53 58-3a-302, as last amended by Laws of Utah 2009, Chapter 183
54 58-3a-304, as last amended by Laws of Utah 2016, Chapter 268
55 58-3a-502, as last amended by Laws of Utah 2018, Chapter 318
56 58-5a-302, as last amended by Laws of Utah 2017, Chapter 244
57 58-11a-102, as last amended by Laws of Utah 2017, Chapters 215 and 342
58 58-11a-302, as last amended by Laws of Utah 2018, Chapters 415 and 445
59 58-11a-304, as last amended by Laws of Utah 2018, Chapter 318
60 58-11a-306, as last amended by Laws of Utah 2018, Chapter 318
61 58-11a-502, as last amended by Laws of Utah 2016, Chapters 249 and 274
62 58-11a-503, as last amended by Laws of Utah 2018, Chapter 318
63 58-15-11, as last amended by Laws of Utah 1993, Chapter 297
64 58-16a-102, as last amended by Laws of Utah 2012, Chapters 256 and 362
65 58-16a-302, as last amended by Laws of Utah 2016, Chapter 238
66 58-16a-501, as last amended by Laws of Utah 2012, Chapter 256
67 58-16a-503, as last amended by Laws of Utah 2000, Chapter 160
68 58-17b-303, as last amended by Laws of Utah 2012, Chapter 93
69 58-17b-304, as last amended by Laws of Utah 2013, Chapter 166
70 58-17b-305, as last amended by Laws of Utah 2013, Chapter 166
71 58-17b-305.1, as enacted by Laws of Utah 2014, Chapter 385
72 58-17b-308, as last amended by Laws of Utah 2017, Chapter 384
73 58-17b-504, as last amended by Laws of Utah 2018, Chapter 318
74 58-17b-614, as last amended by Laws of Utah 2007, Chapter 279
75 58-20b-302, as enacted by Laws of Utah 2018, Third Special Session, Chapter 1
76 58-22-102, as last amended by Laws of Utah 2017, Chapter 218
77 58-22-104, as enacted by Laws of Utah 2019, Chapter 215
78 58-22-302, as last amended by Laws of Utah 2017, Chapter 382
79 58-22-305, as last amended by Laws of Utah 2013, Chapter 262
80 58-22-503, as last amended by Laws of Utah 2018, Chapter 318
81 58-24b-302, as last amended by Laws of Utah 2019, Chapter 101
82 58-26a-302, as last amended by Laws of Utah 2017, Chapter 229
83 58-26a-305, as last amended by Laws of Utah 2008, Chapter 265
84 58-26a-306, as last amended by Laws of Utah 2019, Chapter 122
85 58-28-301, as enacted by Laws of Utah 2006, Chapter 109
86 58-28-302, as last amended by Laws of Utah 2009, Chapter 183
87 58-28-304, as renumbered and amended by Laws of Utah 2006, Chapter 109
88 58-31b-503, as last amended by Laws of Utah 2018, Chapter 318
89 58-31b-803, as last amended by Laws of Utah 2019, Chapter 233
90 58-37f-203, as last amended by Laws of Utah 2019, Chapter 59
91 58-37f-301, as last amended by Laws of Utah 2018, Chapter 123
92 58-37f-302, as enacted by Laws of Utah 2010, Chapter 287
93 58-37f-303, as enacted by Laws of Utah 2016, Chapter 112
94 58-40-302, as last amended by Laws of Utah 2015, Chapter 77
95 58-40-501, as enacted by Laws of Utah 2012, Chapter 82
96 58-41-5, as last amended by Laws of Utah 2010, Chapter 397
97 58-42a-302, as last amended by Laws of Utah 2015, Chapters 28, 432 and last amended
98 by Coordination Clause, Laws of Utah 2015, Chapter 28
99 58-42a-501, as repealed and reenacted by Laws of Utah 2015, Chapter 432
100 58-46a-302, as last amended by Laws of Utah 2013, Chapter 87
101 58-47b-302, as last amended by Laws of Utah 2009, Chapter 183
102 58-49-4, as last amended by Laws of Utah 1989, Chapter 225
103 58-49-5, as enacted by Laws of Utah 1986, Chapter 192
104 58-49-9, as enacted by Laws of Utah 1986, Chapter 192
105 58-53-502, as last amended by Laws of Utah 2018, Chapter 318
106 58-54-302, as last amended by Laws of Utah 2012, Chapter 369
107 58-55-103, as last amended by Laws of Utah 2016, Chapter 25
108 58-55-106, as enacted by Laws of Utah 2019, Chapter 215
109 58-55-201, as last amended by Laws of Utah 2019, Chapter 215
110 58-55-302, as last amended by Laws of Utah 2019, Chapter 215
111 58-55-305, as last amended by Laws of Utah 2019, Chapters 136 and 215
112 58-55-308, as last amended by Laws of Utah 2019, Chapter 340
113 58-55-401, as last amended by Laws of Utah 2011, Chapter 413
114 58-55-501, as last amended by Laws of Utah 2018, Chapter 318
115 58-55-503, as last amended by Laws of Utah 2018, Chapter 318
116 58-56-9.5, as last amended by Laws of Utah 2018, Chapters 229 and 318
117 58-57-4, as last amended by Laws of Utah 2009, Chapter 183
118 58-60-109, as last amended by Laws of Utah 2015, Chapter 323
119 58-60-115, as last amended by Laws of Utah 2012, Chapter 179
120 58-60-117, as last amended by Laws of Utah 2018, Chapter 318
121 58-60-205, as last amended by Laws of Utah 2019, Chapter 393
122 58-60-207, as last amended by Laws of Utah 2019, Chapter 393
123 58-60-305.5, as last amended by Laws of Utah 2009, Chapter 183
124 58-60-305, as last amended by Laws of Utah 2019, Chapter 393
125 58-60-308, as last amended by Laws of Utah 2019, Chapter 393
126 58-60-405, as last amended by Laws of Utah 2015, Chapter 77
127 58-60-407, as last amended by Laws of Utah 2019, Chapter 393
128 58-60-506, as last amended by Laws of Utah 2015, Chapter 77
129 58-61-304, as last amended by Laws of Utah 2013, Chapters 16 and 262
130 58-61-501, as last amended by Laws of Utah 2001, Chapter 281
131 58-61-704, as enacted by Laws of Utah 2015, Chapter 367
132 58-61-705, as enacted by Laws of Utah 2015, Chapter 367
133 58-63-302, as last amended by Laws of Utah 2018, Chapter 177
134 58-63-306, as last amended by Laws of Utah 2008, Chapter 246
135 58-63-503, as last amended by Laws of Utah 2018, Chapter 318
136 58-64-302, as last amended by Laws of Utah 2016, Chapter 201
137 58-67-503, as last amended by Laws of Utah 2018, Chapter 318
138 58-67-302, as last amended by Laws of Utah 2019, Chapter 445
139 58-67-302.5, as last amended by Laws of Utah 2019, Chapter 445
140 58-67-302.7, as last amended by Laws of Utah 2018, Chapter 318
141 58-67-302.8, as last amended by Laws of Utah 2018, Chapter 318
142 58-67-304, as last amended by Laws of Utah 2019, First Special Session, Chapter 5
143 58-67-403, as last amended by Laws of Utah 2018, Chapter 318
144 58-68-302, as last amended by Laws of Utah 2019, Chapter 445
145 58-68-302.5, as last amended by Laws of Utah 2018, Chapter 318
146 58-68-304, as last amended by Laws of Utah 2019, First Special Session, Chapter 5
147 58-68-403, as last amended by Laws of Utah 2018, Chapter 318
148 58-68-503, as last amended by Laws of Utah 2018, Chapter 318
149 58-69-302, as last amended by Laws of Utah 2018, Chapter 66
150 58-70a-302, as last amended by Laws of Utah 2017, Chapter 309
151 58-70a-306, as last amended by Laws of Utah 2010, Chapter 37
152 58-71-302, as last amended by Laws of Utah 2009, Chapter 183
153 58-72-302, as last amended by Laws of Utah 2019, Chapter 485
154 58-73-302, as last amended by Laws of Utah 2009, Chapter 183
155 58-74-102, as last amended by Laws of Utah 2019, Chapter 379
156 58-74-302, as last amended by Laws of Utah 2019, Chapter 379
157 58-75-302, as last amended by Laws of Utah 2009, Chapter 183
158 58-76-302, as last amended by Laws of Utah 2009, Chapter 183
159 58-76-502, as last amended by Laws of Utah 2018, Chapter 318
160 58-77-302, as last amended by Laws of Utah 2009, Chapter 183
161 58-78-302, as last amended by Laws of Utah 2011, Chapter 367
162 58-79-302, as enacted by Laws of Utah 2009, Chapter 52
163 58-84-201, as enacted by Laws of Utah 2014, Chapter 340
164 58-86-202, as enacted by Laws of Utah 2016, Chapter 294
165 58-86-302, as enacted by Laws of Utah 2016, Chapter 294
166 63G-2-305, as last amended by Laws of Utah 2019, Chapters 128, 193, 244, and 277
167 78B-3-416, as last amended by Laws of Utah 2018, Chapter 318
168 ENACTS:
169 58-61-304.1, Utah Code Annotated 1953
170
171 Be it enacted by the Legislature of the state of Utah:
172 Section 1. Section 15A-1-203 is amended to read:
173 15A-1-203. Uniform Building Code Commission -- Unified Code Analysis
174 Council.
175 (1) There is created a Uniform Building Code Commission to advise the division with
176 respect to the division's responsibilities in administering the codes.
177 (2) The commission shall consist of 11 members as follows:
178 (a) one member shall be from among candidates nominated by the Utah League of
179 Cities and Towns and the Utah Association of Counties;
180 (b) one member shall be a licensed building inspector employed by a political
181 subdivision of the state;
182 (c) one member shall be a licensed professional engineer;
183 (d) one member shall be a licensed architect;
184 (e) one member shall be a fire official;
185 (f) three members shall be contractors licensed by the state, of which one shall be a
186 general contractor, one an electrical contractor, and one a plumbing contractor;
187 (g) two members shall be from the general public and have no affiliation with the
188 construction industry or real estate development industry; and
189 (h) one member shall be from the Division of Facilities Construction and Management
190 of the Department of Administrative Services.
191 (3) (a) The executive director shall appoint each commission member after submitting
192 a nomination to the governor for confirmation or rejection.
193 (b) If the governor rejects a nominee, the executive director shall submit an alternative
194 nominee until the governor confirms the nomination. An appointment is effective after the
195 governor confirms the nomination.
196 (4) (a) Except as required by Subsection (4)(b), as terms of commission members
197 expire, the executive director shall appoint each new commission member or reappointed
198 commission member to a four-year term.
199 (b) Notwithstanding the requirements of Subsection (4)(a), the executive director shall,
200 at the time of appointment or reappointment, adjust the length of terms to ensure that the terms
201 of commission members are staggered so that approximately half of the commission is
202 appointed every two years.
203 (5) When a vacancy occurs in the commission membership for any reason, the
204 executive director shall appoint a replacement for the unexpired term.
205 (6) (a) A commission member may not serve more than two full terms.
206 (b) A commission member who ceases to serve may not again serve on the commission
207 until after the expiration of two years after the day on which service ceased.
208 (7) A majority of the commission members constitute a quorum and may act on behalf
209 of the commission.
210 (8) A commission member may not receive compensation or benefits for the
211 commission member's service, but may receive per diem and travel expenses in accordance
212 with:
213 (a) Section 63A-3-106;
214 (b) Section 63A-3-107; and
215 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
216 63A-3-107.
217 (9) (a) The commission shall annually designate one of the commission's members to
218 serve as chair of the commission.
219 (b) The division shall provide a secretary to facilitate the function of the commission
220 and to record the commission's actions and recommendations.
221 (10) The commission shall:
222 (a) in accordance with Section 15A-1-204, report to the Business and Labor Interim
223 Committee;
224 [
225
226 [
227 [
228 advise the commission with respect to matters related to a code, including a committee to
229 advise the commission regarding health matters related to a plumbing code; and
230 [
231 Section 15A-1-209.
232 [
233
234 [
235 [
236 [
237 [
238 commission shall jointly create with the Utah Fire Prevention Board an advisory peer
239 committee known as the "Unified Code Analysis Council" to review fire prevention and
240 construction code issues that require definitive and specific analysis.
241 (b) The commission and Utah Fire Prevention Board shall jointly, by rule made in
242 accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, provide for:
243 (i) the appointment of members to the Unified Code Analysis Council; and
244 (ii) procedures followed by the Unified Code Analysis Council.
245 Section 2. Section 38-11-102 is amended to read:
246 38-11-102. Definitions.
247 (1) "Board" means the Residence Lien Recovery Fund Advisory Board established
248 under Section 38-11-104.
249 (2) "Certificate of compliance" means an order issued by the director to the owner
250 finding that the owner is in compliance with the requirements of Subsections 38-11-204(4)(a)
251 and (4)(b) and is entitled to protection under Section 38-11-107.
252 (3) "Construction on an owner-occupied residence" means designing, engineering,
253 constructing, altering, remodeling, improving, repairing, or maintaining a new or existing
254 residence.
255 (4) "Department" means the Department of Commerce.
256 (5) "Director" means the director of the Division of Occupational and Professional
257 Licensing or the director's designee.
258 (6) "Division" means the Division of Occupational and Professional Licensing.
259 (7) "Duplex" means a single building having two separate living units.
260 (8) "Encumbered fund balance" means the aggregate amount of outstanding claims
261 against the fund. The remainder of the money in the fund is unencumbered funds.
262 (9) "Executive director" means the executive director of the Department of Commerce.
263 (10) "Factory built housing" is as defined in Section 15A-1-302.
264 (11) "Factory built housing retailer" means a person that sells factory built housing to
265 consumers.
266 (12) "Fund" means the Residence Lien Recovery Fund established under Section
267 38-11-201.
268 (13) "Laborer" means a person who provides services at the site of the construction on
269 an owner-occupied residence as an employee of an original contractor or other qualified
270 beneficiary performing qualified services on the residence.
271 (14) "Licensee" means any holder of a license issued under Title 58, Chapter 3a,
272 Architects Licensing Act; Chapter 22, Professional Engineers and Professional Land Surveyors
273 Licensing Act; Chapter 53, Landscape Architects Licensing Act; and Chapter 55, Utah
274 Construction Trades Licensing Act.
275 (15) "Nonpaying party" means the original contractor, subcontractor, or real estate
276 developer who has failed to pay the qualified beneficiary making a claim against the fund.
277 (16) "Original contractor" means a person who contracts with the owner of real
278 property or the owner's agent to provide services, labor, or material for the construction of an
279 owner-occupied residence.
280 (17) "Owner" means a person who:
281 (a) contracts with a person who is licensed as a contractor or is exempt from licensure
282 under Title 58, Chapter 55, Utah Construction Trades Licensing Act, for the construction on an
283 owner-occupied residence upon real property that the person:
284 (i) owns; or
285 (ii) purchases after the person enters into a contract described in this Subsection (17)(a)
286 and before completion of the owner-occupied residence;
287 (b) contracts with a real estate developer to buy a residence upon completion of the
288 construction on the owner-occupied residence; or
289 (c) purchases a residence from a real estate developer after completion of the
290 construction on the owner-occupied residence.
291 (18) "Owner-occupied residence" means a residence that is, or after completion of the
292 construction on the residence will be, occupied by the owner or the owner's tenant or lessee as a
293 primary or secondary residence within 180 days after the day on which the construction on the
294 residence is complete.
295 (19) "Qualified beneficiary" means a person who:
296 (a) provides qualified services;
297 (b) pays necessary fees required under this chapter; and
298 (c) registers with the division:
299 (i) as a licensed contractor under Subsection 38-11-301(1) or (2), if that person seeks
300 recovery from the fund as a licensed contractor; or
301 (ii) as a person providing qualified services other than as a licensed contractor under
302 Subsection 38-11-301(3) if the person seeks recovery from the fund in a capacity other than as
303 a licensed contractor.
304 (20) (a) "Qualified services" means the following performed in construction on an
305 owner-occupied residence:
306 (i) contractor services provided by a contractor licensed or exempt from licensure
307 under Title 58, Chapter 55, Utah Construction Trades Licensing Act;
308 (ii) architectural services provided by an architect licensed under Title 58, Chapter 3a,
309 Architects Licensing Act;
310 (iii) engineering and land surveying services provided by a professional engineer or
311 land surveyor licensed or exempt from licensure under Title 58, Chapter 22, Professional
312 Engineers and Professional Land Surveyors Licensing Act;
313 (iv) landscape architectural services by a landscape architect licensed or exempt from
314 licensure under Title 58, Chapter 53, Landscape Architects Licensing Act;
315 (v) design and specification services of mechanical or other systems;
316 (vi) other services related to the design, drawing, surveying, specification, cost
317 estimation, or other like professional services;
318 (vii) providing materials, supplies, components, or similar products;
319 (viii) renting equipment or materials;
320 (ix) labor at the site of the construction on the owner-occupied residence; and
321 (x) site preparation, set up, and installation of factory built housing.
322 (b) "Qualified services" does not include the construction of factory built housing in
323 the factory.
324 (21) "Real estate developer" means a person having an ownership interest in real
325 property who:
326 (a) contracts with a person who is licensed as a contractor or is exempt from licensure
327 under Title 58, Chapter 55, Utah Construction Trades Licensing Act, for the construction of a
328 residence that is offered for sale to the public; or
329 (b) is a licensed contractor under Title 58, Chapter 55, Utah Construction Trades
330 Licensing Act, who engages in the construction of a residence that is offered for sale to the
331 public.
332 (22) (a) "Residence" means an improvement to real property used or occupied, to be
333 used or occupied as, or in conjunction with:
334 (i) a primary or secondary detached single-family dwelling; or
335 (ii) a multifamily dwelling up to and including duplexes.
336 (b) "Residence" includes factory built housing.
337 (23) "Subsequent owner" means a person who purchases a residence from an owner
338 within 180 days after the day on which the construction on the residence is completed.
339 Section 3. Section 58-1-301.3 is amended to read:
340 58-1-301.3. Waiver of licensing fees.
341 An individual applying for initial licensure or licensure renewal under this title may
342 apply for initial licensure or licensure renewal without paying the fees described in Subsection
343 58-1-301(1) if the applicant provides evidence to the division in a form prescribed by the
344 division that at the time of the application the applicant is:
345 (1) on full-time active service with a branch of the armed forces of the United States,
346 including an applicant who is on full-time active duty orders with the National Guard or
347 reserve component of the armed forces; or
348 (2) receiving public assistance through one of the following programs administered by
349 the Department of Workforce Services:
350 (a) the Family Employment Program described in Section 35A-3-302; or
351 (b) General Assistance described in Section 35A-3-401.
352 Section 4. Section 58-1-301.5 is amended to read:
353 58-1-301.5. Division access to Bureau of Criminal Identification records.
354 (1) The division shall have direct access to Ĥ→ [
354a files ←Ĥ
355 maintained by the Bureau of Criminal Identification under Title 53, Chapter 10, Part 2, Bureau
356 of Criminal Identification, for background screening of persons who are applying for licensure,
357 licensure renewal, licensure reinstatement, or relicensure, as required in:
358 (a) Section 58-17b-307 of Title 58, Chapter 17b, Pharmacy Practice Act;
359 (b) Sections 58-24b-302 and 58-24b-302.1 of Title 58, Chapter 24b, Physical Therapy
360 Practice Act;
361 (c) Section 58-31b-302 of Title 58, Chapter 31b, Nurse Practice Act;
362 (d) Section 58-47b-302 of Title 58, Chapter 47b, Massage Therapy Practice Act;
363 (e) Section 58-55-302 of Title 58, Chapter 55, Utah Construction Trades Licensing
364 Act, as it applies to alarm companies and alarm company agents;
365 (f) Sections 58-61-304 and 58-61-304.1 of Title 58, Chapter 61, Psychologist
366 Licensing Act;
367 [
368 [
369 Licensing Act;
370 [
371 Practice Act; and
372 [
373 Medical Practice Act.
374 (2) The division's access to criminal background information under this section:
375 (a) shall meet the requirements of Section 53-10-108; and
376 (b) includes convictions, pleas of nolo contendere, pleas of guilty or nolo contendere
377 held in abeyance, dismissed charges, and charges without a known disposition.
378 (3) The division may not disseminate outside of the division any criminal history
379 record information that the division obtains from the Bureau of Criminal Identification or the
380 Federal Bureau of Investigation under the criminal background check requirements of this
381 section.
382 Section 5. Section 58-1-301.7 is amended to read:
383 58-1-301.7. Change of information.
384 (1) (a) An applicant, licensee, or certificate holder shall [
385
386 days of a change in mailing address or email address.
387 (b) When providing a mailing address, the individual may provide a post office box or
388 other mail drop location.
389 (c) In addition to providing a mailing address, an applicant, licensee, or certificate
390 holder [
391 email address [
392
393 (2) An applicant, licensee, or certificate holder is considered to have received a
394 notification that has been sent to the most recent:
395 (a) mailing address provided to the division by the applicant, licensee, or certificate
396 holder; or
397 (b) email address furnished to the division by the applicant, licensee, or certificate
398 holder[
399
400 Section 6. Section 58-1-302 is amended to read:
401 58-1-302. License by endorsement.
402 (1) Subject to Subsections (2), (3), Ĥ→ [
402a issue a license
403 without examination to a person who has been licensed in a state, district, or territory of the
404 United States [
405 [
406
407
408 [
409
410
411
412 (a) after being licensed outside of this state, the person has at least one year of
413 experience in the state, district, or territory of the United States where the license was issued;
414 Ĥ→ [
415 (b) the person's license is in good standing in the state, district, or territory of the
416 United States where the license was issued Ĥ→ [
416a (c) the division determines that the license issued by the state, district, or territory of
416b the United States encompasses a similar scope of practice as the license sought in this state. ←Ĥ 417 (2) Ĥ→ [
417a make
418 rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
419 prescribing the Ĥ→ [
419a section ←Ĥ .
420 Ĥ→ [
420a to issue a
421 license to a person Ĥ→ [
422 Ĥ→ [
422a person is
423 not qualified to receive a license in this state; or
424 Ĥ→ [
424a ☆the person's
425 license.
426 Ĥ→ [
426a [
427 person shall:
428 (a) pay a fee determined by the department under Section 63J-1-504; and
429 (b) produce satisfactory evidence of the [
430 and good standing in the occupation or profession for which licensure is sought.
431 Ĥ→ [
431a this
432 section are subject to and may be supplemented or altered by licensure endorsement provisions
433 or multistate licensure compacts in specific chapters of this title.
433a Ĥ→ (6) On or before October 1, 2022, the division shall provide a written report to the
433b Business and Labor Interim Committee regarding the effectiveness and sufficiency of the
433c provisions of this section at ensuring that persons receiving a license without examination
433d under the provisions of this section are qualified to receive a license in this state. ←Ĥ
434 Section 7. Section 58-1-307 is amended to read:
435 58-1-307. Exemptions from licensure.
436 (1) Except as otherwise provided by statute or rule, the following individuals may
437 engage in the practice of their occupation or profession, subject to the stated circumstances and
438 limitations, without being licensed under this title:
439 (a) an individual serving in the armed forces of the United States, the United States
440 Public Health Service, the United States Department of Veterans Affairs, or other federal
441 agencies while engaged in activities regulated under this chapter as a part of employment with
442 that federal agency if the individual holds a valid license to practice a regulated occupation or
443 profession issued by any other state or jurisdiction recognized by the division;
444 (b) a student engaged in activities constituting the practice of a regulated occupation or
445 profession while in training in a recognized school approved by the division to the extent the
446 activities are supervised by qualified faculty, staff, or designee and the activities are a defined
447 part of the training program;
448 (c) an individual engaged in an internship, residency, preceptorship, postceptorship,
449 fellowship, apprenticeship, or on-the-job training program approved by the division while
450 under the supervision of qualified individuals;
451 (d) an individual residing in another state and licensed to practice a regulated
452 occupation or profession in that state, who is called in for a consultation by an individual
453 licensed in this state, and the services provided are limited to that consultation;
454 (e) an individual who is invited by a recognized school, association, society, or other
455 body approved by the division to conduct a lecture, clinic, or demonstration of the practice of a
456 regulated occupation or profession if the individual does not establish a place of business or
457 regularly engage in the practice of the regulated occupation or profession in this state;
458 (f) an individual licensed under the laws of this state, other than under this title, to
459 practice or engage in an occupation or profession, while engaged in the lawful, professional,
460 and competent practice of that occupation or profession;
461 (g) an individual licensed in a health care profession in another state who performs that
462 profession while attending to the immediate needs of a patient for a reasonable period during
463 which the patient is being transported from outside of this state, into this state, or through this
464 state;
465 (h) an individual licensed in another state or country who is in this state temporarily to
466 attend to the needs of an athletic team or group, except that the practitioner may only attend to
467 the needs of the athletic team or group, including all individuals who travel with the team or
468 group in any capacity except as a spectator;
469 (i) an individual licensed and in good standing in another state, who is in this state:
470 (i) temporarily, under the invitation and control of a sponsoring entity;
471 (ii) for a reason associated with a special purpose event, based upon needs that may
472 exceed the ability of this state to address through its licensees, as determined by the division;
473 and
474 (iii) for a limited period of time not to exceed the duration of that event, together with
475 any necessary preparatory and conclusionary periods; and
476 (j) the spouse of an individual serving in the armed forces of the United States while
477 the individual is stationed within this state, provided:
478 (i) the spouse holds a valid license to practice a regulated occupation or profession
479 issued by any other state or jurisdiction recognized by the division; and
480 (ii) the license is current and the spouse is in good standing in the state of licensure.
481 (2) (a) A practitioner temporarily in this state who is exempted from licensure under
482 Subsection (1) shall comply with each requirement of the licensing jurisdiction from which the
483 practitioner derives authority to practice.
484 (b) Violation of a limitation imposed by this section constitutes grounds for removal of
485 exempt status, denial of license, or other disciplinary proceedings.
486 (3) An individual who is licensed under a specific chapter of this title to practice or
487 engage in an occupation or profession may engage in the lawful, professional, and competent
488 practice of that occupation or profession without additional licensure under other chapters of
489 this title, except as otherwise provided by this title.
490 (4) Upon the declaration of a national, state, or local emergency, a public health
491 emergency as defined in Section 26-23b-102, or a declaration by the president of the United
492 States or other federal official requesting public health-related activities, the division in
493 collaboration with the relevant board may:
494 (a) suspend the requirements for permanent or temporary licensure of individuals who
495 are licensed in another state for the duration of the emergency while engaged in the scope of
496 practice for which they are licensed in the other state;
497 (b) modify, under the circumstances described in this Subsection (4) and Subsection
498 (5), the scope of practice restrictions under this title for individuals who are licensed under this
499 title as:
500 (i) a physician under Chapter 67, Utah Medical Practice Act, or Chapter 68, Utah
501 Osteopathic Medical Practice Act;
502 (ii) a nurse under Chapter 31b, Nurse Practice Act, or Chapter 31e, Nurse Licensure
503 Compact - Revised;
504 (iii) a certified nurse midwife under Chapter 44a, Nurse Midwife Practice Act;
505 (iv) a pharmacist, pharmacy technician, or pharmacy intern under Chapter 17b,
506 Pharmacy Practice Act;
507 (v) a respiratory therapist under Chapter 57, Respiratory Care Practices Act;
508 (vi) a dentist and dental hygienist under Chapter 69, Dentist and Dental Hygienist
509 Practice Act; and
510 (vii) a physician assistant under Chapter 70a, Utah Physician Assistant Act;
511 (c) suspend the requirements for licensure under this title and modify the scope of
512 practice in the circumstances described in this Subsection (4) and Subsection (5) for medical
513 services personnel or paramedics required to be licensed under Section 26-8a-302;
514 (d) suspend requirements in Subsections 58-17b-620(3) through (6) which require
515 certain prescriptive procedures;
516 (e) exempt or modify the requirement for licensure of an individual who is activated as
517 a member of a medical reserve corps during a time of emergency as provided in Section
518 26A-1-126; [
519 (f) exempt or modify the requirement for licensure of an individual who is registered as
520 a volunteer health practitioner as provided in Title 26, Chapter 49, Uniform Emergency
521 Volunteer Health Practitioners Act[
522 (g) in accordance with rules made by the division in accordance with Title 63G,
523 Chapter 3, Utah Administrative Rulemaking Act, exempt or modify the requirements for
524 licensure of an individual engaged in one or more of the construction trades described in
525 Chapter 55, Utah Construction Trades Licensing Act.
526 (5) Individuals exempt under Subsection (4)(c) and individuals operating under
527 modified scope of practice provisions under Subsection (4)(b):
528 (a) are exempt from licensure or subject to modified scope of practice for the duration
529 of the emergency;
530 (b) must be engaged in the distribution of medicines or medical devices in response to
531 the emergency or declaration; and
532 (c) must be employed by or volunteering for:
533 (i) a local or state department of health; or
534 (ii) a host entity as defined in Section 26-49-102.
535 (6) In accordance with the protocols established under Subsection (8), upon the
536 declaration of a national, state, or local emergency, the Department of Health or a local health
537 department shall coordinate with public safety authorities as defined in Subsection
538 26-23b-110(1) and may:
539 (a) use a vaccine, antiviral, antibiotic, or other prescription medication that is not a
540 controlled substance to prevent or treat a disease or condition that gave rise to, or was a
541 consequence of, the emergency; or
542 (b) distribute a vaccine, antiviral, antibiotic, or other prescription medication that is not
543 a controlled substance:
544 (i) if necessary, to replenish a commercial pharmacy in the event that the commercial
545 pharmacy's normal source of the vaccine, antiviral, antibiotic, or other prescription medication
546 is exhausted; or
547 (ii) for dispensing or direct administration to treat the disease or condition that gave
548 rise to, or was a consequence of, the emergency by:
549 (A) a pharmacy;
550 (B) a prescribing practitioner;
551 (C) a licensed health care facility;
552 (D) a federally qualified community health clinic; or
553 (E) a governmental entity for use by a community more than 50 miles from a person
554 described in Subsections (6)(b)(ii)(A) through (D).
555 (7) In accordance with protocols established under Subsection (8), upon the declaration
556 of a national, state, or local emergency, the Department of Health shall coordinate the
557 distribution of medications:
558 (a) received from the strategic national stockpile to local health departments; and
559 (b) from local health departments to emergency personnel within the local health
560 departments' geographic region.
561 (8) The Department of Health shall establish by rule, made in accordance with Title
562 63G, Chapter 3, Utah Administrative Rulemaking Act, protocols for administering, dispensing,
563 and distributing a vaccine, an antiviral, an antibiotic, or other prescription medication that is
564 not a controlled substance in the event of a declaration of a national, state, or local emergency.
565 The protocol shall establish procedures for the Department of Health or a local health
566 department to:
567 (a) coordinate the distribution of:
568 (i) a vaccine, an antiviral, an antibiotic, or other prescription medication that is not a
569 controlled substance received by the Department of Health from the strategic national stockpile
570 to local health departments; and
571 (ii) a vaccine, an antiviral, an antibiotic, or other non-controlled prescription
572 medication received by a local health department to emergency personnel within the local
573 health department's geographic region;
574 (b) authorize the dispensing, administration, or distribution of a vaccine, an antiviral,
575 an antibiotic, or other prescription medication that is not a controlled substance to the contact
576 of a patient without a patient-practitioner relationship, if the contact's condition is the same as
577 that of the physician's or physician assistant's patient; and
578 (c) authorize the administration, distribution, or dispensing of a vaccine, an antiviral,
579 an antibiotic, or other non-controlled prescription medication to an individual who:
580 (i) is working in a triage situation;
581 (ii) is receiving preventative or medical treatment in a triage situation;
582 (iii) does not have coverage for the prescription in the individual's health insurance
583 plan;
584 (iv) is involved in the delivery of medical or other emergency services in response to
585 the declared national, state, or local emergency; or
586 (v) otherwise has a direct impact on public health.
587 (9) The Department of Health shall give notice to the division upon implementation of
588 the protocol established under Subsection (8).
589 Section 8. Section 58-1-501 is amended to read:
590 58-1-501. Unlawful and unprofessional conduct.
591 (1) "Unlawful conduct" means conduct, by any person, that is defined as unlawful
592 under this title and includes:
593 (a) practicing or engaging in, representing oneself to be practicing or engaging in, or
594 attempting to practice or engage in any occupation or profession requiring licensure under this
595 title if the person is:
596 (i) not licensed to do so or not exempted from licensure under this title; or
597 (ii) restricted from doing so by a suspended, revoked, restricted, temporary,
598 probationary, or inactive license;
599 (b) (i) impersonating another licensee or practicing an occupation or profession under a
600 false or assumed name, except as permitted by law; or
601 (ii) for a licensee who has had a license under this title reinstated following disciplinary
602 action, practicing the same occupation or profession using a different name than the name used
603 before the disciplinary action, except as permitted by law and after notice to, and approval by,
604 the division;
605 (c) knowingly employing any other person to practice or engage in or attempt to
606 practice or engage in any occupation or profession licensed under this title if the employee is
607 not licensed to do so under this title;
608 (d) knowingly permitting the person's authority to practice or engage in any occupation
609 or profession licensed under this title to be used by another, except as permitted by law;
610 (e) obtaining a passing score on a licensure examination, applying for or obtaining a
611 license, or otherwise dealing with the division or a licensing board through the use of fraud,
612 forgery, or intentional deception, misrepresentation, misstatement, or omission; [
613 (f) (i) issuing, or aiding and abetting in the issuance of, an order or prescription for a
614 drug or device to a person located in this state:
615 (A) without prescriptive authority conferred by a license issued under this title, or by
616 an exemption to licensure under this title; or
617 (B) with prescriptive authority conferred by an exception issued under this title or a
618 multistate practice privilege recognized under this title, if the prescription was issued without
619 first obtaining information, in the usual course of professional practice, that is sufficient to
620 establish a diagnosis, to identify underlying conditions, and to identify contraindications to the
621 proposed treatment; and
622 (ii) Subsection (1)(f)(i) does not apply to treatment rendered in an emergency, on-call
623 or cross coverage situation, provided that the person who issues the prescription has
624 prescriptive authority conferred by a license under this title, or is exempt from licensure under
625 this title[
626 (g) aiding or abetting any other person to violate any statute, rule, or order regulating
627 an occupation or profession under this title.
628 (2) "Unprofessional conduct" means conduct, by a licensee or applicant, that is defined
629 as unprofessional conduct under this title or under any rule adopted under this title and
630 includes:
631 (a) violating[
632 order regulating an occupation or profession under this title;
633 (b) violating, or aiding or abetting any other person to violate, any generally accepted
634 professional or ethical standard applicable to an occupation or profession regulated under this
635 title;
636 (c) engaging in conduct that results in conviction, a plea of nolo contendere, or a plea
637 of guilty or nolo contendere which is held in abeyance pending the successful completion of
638 probation with respect to a crime of moral turpitude or any other crime that, when considered
639 with the functions and duties of the occupation or profession for which the license was issued
640 or is to be issued, bears a substantial relationship to the licensee's or applicant's ability to safely
641 or competently practice the occupation or profession;
642 (d) engaging in conduct that results in disciplinary action, including reprimand,
643 censure, diversion, probation, suspension, or revocation, by any other licensing or regulatory
644 authority having jurisdiction over the licensee or applicant in the same occupation or profession
645 if the conduct would, in this state, constitute grounds for denial of licensure or disciplinary
646 proceedings under Section 58-1-401;
647 (e) engaging in conduct, including the use of intoxicants, drugs, narcotics, or similar
648 chemicals, to the extent that the conduct does, or might reasonably be considered to, impair the
649 ability of the licensee or applicant to safely engage in the occupation or profession;
650 (f) practicing or attempting to practice an occupation or profession regulated under this
651 title despite being physically or mentally unfit to do so;
652 (g) practicing or attempting to practice an occupation or profession regulated under this
653 title through gross incompetence, gross negligence, or a pattern of incompetency or negligence;
654 (h) practicing or attempting to practice an occupation or profession requiring licensure
655 under this title by any form of action or communication which is false, misleading, deceptive,
656 or fraudulent;
657 (i) practicing or attempting to practice an occupation or profession regulated under this
658 title beyond the scope of the licensee's competency, abilities, or education;
659 (j) practicing or attempting to practice an occupation or profession regulated under this
660 title beyond the scope of the licensee's license;
661 (k) verbally, physically, mentally, or sexually abusing or exploiting any person through
662 conduct connected with the licensee's practice under this title or otherwise facilitated by the
663 licensee's license;
664 (l) acting as a supervisor without meeting the qualification requirements for that
665 position that are defined by statute or rule;
666 (m) issuing, or aiding and abetting in the issuance of, an order or prescription for a
667 drug or device:
668 (i) without first obtaining information in the usual course of professional practice, that
669 is sufficient to establish a diagnosis, to identify conditions, and to identify contraindications to
670 the proposed treatment; or
671 (ii) with prescriptive authority conferred by an exception issued under this title, or a
672 multi-state practice privilege recognized under this title, if the prescription was issued without
673 first obtaining information, in the usual course of professional practice, that is sufficient to
674 establish a diagnosis, to identify underlying conditions, and to identify contraindications to the
675 proposed treatment;
676 (n) violating a provision of Section 58-1-501.5; or
677 (o) violating the terms of an order governing a license.
678 (3) Unless otherwise specified by statute or administrative rule, in a civil or
679 administrative proceeding commenced by the division under this title, a person subject to any
680 of the unlawful and unprofessional conduct provisions of this title is strictly liable for each
681 violation.
682 Section 9. Section 58-1-502 is amended to read:
683 58-1-502. Unlawful and unprofessional conduct -- Penalties.
684 (1) (a) Unless otherwise specified in this title, a person who violates the unlawful
685 conduct provisions defined in this title is guilty of a class A misdemeanor.
686 (b) Unless a specific fine amount is specified elsewhere in this title, the director or the
687 director's designee may assess an administrative fine of up to $1,000 for each instance of
688 unprofessional or unlawful conduct defined in this title.
689 (2) (a) In addition to any other statutory penalty for a violation related to a specific
690 occupation or profession regulated by this title, if upon inspection or investigation, the division
691 concludes that a person has violated Subsection 58-1-501(1)(a), (1)(c), (1)(g), or (2)(o), or a
692 rule or order issued with respect to those subsections, and that disciplinary action is
693 appropriate, the director or the director's designee from within the division shall promptly:
694 (i) issue a citation to the person according to this section and any pertinent rules;
695 (ii) attempt to negotiate a stipulated settlement; or
696 (iii) notify the person to appear before an adjudicative proceeding conducted under
697 Title 63G, Chapter 4, Administrative Procedures Act.
698 (b) (i) The division may assess a fine under this Subsection (2) against a person who
699 violates Subsection 58-1-501(1)(a), (1)(c), (1)(g), or (2)(o), or a rule or order issued with
700 respect to those subsections, as evidenced by:
701 (A) an uncontested citation;
702 (B) a stipulated settlement; or
703 (C) a finding of a violation in an adjudicative proceeding.
704 (ii) The division may, in addition to or in lieu of a fine under Subsection (2)(b)(i),
705 order the person to cease and desist from violating Subsection 58-1-501(1)(a), (1)(c), (1)(g), or
706 (2)(o), or a rule or order issued with respect to those subsections.
707 (c) Except for a cease and desist order, the division may not assess the licensure
708 sanctions cited in Section 58-1-401 through a citation.
709 (d) 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 a fine assessed by the citation within the time specified in the citation.
718 (e) The division may issue a notice in lieu of a citation.
719 (f) (i) If within 20 calendar days from the service of the citation, the person to whom
720 the citation was issued fails to request a hearing to contest the citation, the citation becomes the
721 final order of the division and is not subject to further agency review.
722 (ii) The period to contest a citation may be extended by the division for cause.
723 (g) The division may refuse to issue or renew, suspend, revoke, or place on probation
724 the license of a licensee who fails to comply with a citation after it becomes final.
725 (h) The failure of an applicant for licensure to comply with a citation after it becomes
726 final is a ground for denial of license.
727 (i) [
728 division may not issue a citation under this section after the expiration of one year following
729 the [
730 reported to the division.
731 (j) The director or the director's designee shall assess fines according to the following:
732 (i) for the first offense handled pursuant to Subsection (2)(a), a fine of up to $1,000;
733 (ii) for a second offense handled pursuant to Subsection (2)(a), a fine of up to $2,000;
734 and
735 (iii) for each subsequent offense handled pursuant to Subsection (2)(a), a fine of up to
736 $2,000 for each day of continued offense.
737 (3) (a) An action for a first or second offense that has not yet resulted in a final order of
738 the division may not preclude initiation of a subsequent action for a second or subsequent
739 offense during the pendency of a preceding action.
740 (b) The final order on a subsequent action is considered a second or subsequent
741 offense, respectively, provided the preceding action resulted in a first or second offense,
742 respectively.
743 (4) (a) The director may collect a penalty that is not paid by:
744 (i) referring the matter to a collection agency; or
745 (ii) bringing an action in the district court of the county where the person against whom
746 the penalty is imposed resides or in the county where the office of the director is located.
747 (b) A county attorney or the attorney general of the state shall provide legal assistance
748 and advice to the director in an action to collect a penalty.
749 (c) A court may award reasonable attorney fees and costs to the prevailing party in an
750 action brought by the division to collect a penalty.
751 Section 10. Section 58-3a-105 is amended to read:
752 58-3a-105. Surcharge fee.
753 (1) In addition to any other fees authorized by this chapter or by the division in
754 accordance with Section 63J-1-504, the division shall require each applicant for an initial
755 license, renewal of a license, or reinstatement of a license under this chapter to pay a $1
756 surcharge fee.
757 (2) The surcharge fee shall be deposited in the General Fund as a dedicated credit to be
758 used by the division to provide each licensee under this chapter with access to an electronic
759 reference library that provides web-based access to national, state, and local building codes and
760 standards.
761 Section 11. Section 58-3a-302 is amended to read:
762 58-3a-302. Qualifications for licensure.
763 (1) Except as provided in Subsection (2), each applicant for licensure as an architect
764 shall:
765 (a) submit an application in a form prescribed by the division;
766 (b) pay a fee determined by the department under Section 63J-1-504;
767 [
768 [
769 architecture program meeting criteria established by rule by the division in collaboration with
770 the board;
771 [
772 established by rule by the division in collaboration with the board;
773 [
774 collaboration with the board; and
775 [
776 purpose of evaluating the applicant's qualifications for license.
777 (2) Each applicant for licensure as an architect by endorsement shall:
778 (a) submit an application in a form prescribed by the division;
779 (b) pay a fee determined by the department under Section 63J-1-504;
780 [
781 [
782 (i) current licensure in good standing in a jurisdiction recognized by rule by the
783 division in collaboration with the board; and
784 (ii) current certification from the National Council of Architectural Registration
785 Boards; or
786 (iii) current license in good standing in a jurisdiction recognized by rule by the division
787 in collaboration with the board; and
788 (iv) full-time employment as a licensed architect as a principal for at least five of the
789 last seven years immediately preceding the date of the application;
790 [
791 in collaboration with the board; and
792 [
793 purpose of evaluating the applicant's qualifications for license.
794 Section 12. Section 58-3a-304 is amended to read:
795 58-3a-304. Exemptions from licensure.
796 (1) In addition to the exemptions from licensure in Section 58-1-307, the following
797 may engage in the stated limited acts or practices without being licensed under this chapter:
798 (a) a person offering to render architectural services in this state when not licensed
799 under this chapter if the person:
800 (i) holds a current and valid architect license issued by a licensing authority recognized
801 by rule by the division in collaboration with the board;
802 (ii) discloses in writing to the potential client the fact that the architect:
803 (A) is not licensed in the state;
804 (B) may not provide architectural services in the state until the architect is licensed in
805 the state; and
806 (C) that such condition may cause a delay in the ability of the architect to provide
807 architectural services in the state;
808 (iii) notifies the division in writing of his intent to offer to render architectural services
809 in the state; and
810 (iv) does not provide architectural services or engage in the practice of architecture in
811 this state until licensed to do so;
812 (b) a person preparing a plan and specification for one or two-family dwellings,
813 including townhouses;
814 (c) a person licensed to practice professional engineering under Title 58, Chapter 22,
815 Professional Engineers and Professional Land Surveyors Licensing Act, performing
816 engineering or incidental architectural acts or practices that do not exceed the scope of the
817 education and training of the person performing architecture;
818 (d) unlicensed employees, subordinates, associates, or drafters of a person licensed
819 under this chapter while preparing plans and specifications under the supervision of an
820 architect;
821 (e) a person preparing a plan or specification for, or supervising the alteration of or
822 repair to, an existing building affecting an area not exceeding 3,000 square feet when structural
823 elements of a building are not changed, such as foundations, beams, columns, and structural
824 slabs, joists, bearing walls, and trusses; and
825 (f) an organization engaged in the practice of architecture, provided that:
826 (i) the organization employs a principal; and
827 (ii) all individuals employed by the organization, who are engaged in the practice of
828 architecture, are licensed or exempt from licensure under this chapter.
829 (2) Nothing in this section shall be construed to restrict a [
830 preparing plans for a client under the exemption provided in Subsection (1)(b) or taking those
831 plans to a licensed architect for [
832 seal to that set of plans [
833 Section 13. Section 58-3a-502 is amended to read:
834 58-3a-502. Penalty for unlawful conduct.
835 (1) (a) If upon inspection or investigation, the division concludes that a person has
836 violated Subsections 58-1-501(1)(a) through (d) or Section 58-3a-501 or any rule or order
837 issued with respect to Section 58-3a-501, and that disciplinary action is appropriate, the
838 director or the director's designee from within the division for each alternative respectively,
839 shall promptly issue a citation to the person according to this chapter and any pertinent rules,
840 attempt to negotiate a stipulated settlement, or notify the person to appear before an
841 adjudicative proceeding conducted under Title 63G, Chapter 4, Administrative Procedures Act.
842 (i) A person who violates Subsections 58-1-501(1)(a) through (d) or Section 58-3a-501
843 or any rule or order issued with respect to Section 58-3a-501, as evidenced by an uncontested
844 citation, a stipulated settlement, or by a finding of violation in an adjudicative proceeding, may
845 be assessed a fine pursuant to this Subsection (1) and may, in addition to or in lieu of, be
846 ordered to cease and desist from violating Subsections 58-1-501(1)(a) through (d) or Section
847 58-3a-501 or any rule or order issued with respect to this section.
848 (ii) Except for a cease and desist order, the licensure sanctions cited in Section
849 58-3a-401 may not be assessed through a citation.
850 (b) A citation shall:
851 (i) be in writing;
852 (ii) describe with particularity the nature of the violation, including a reference to the
853 provision of the chapter, rule, or order alleged to have been violated;
854 (iii) clearly state that the recipient must notify the division in writing within 20
855 calendar days of service of the citation if the recipient wishes to contest the citation at a hearing
856 conducted under Title 63G, Chapter 4, Administrative Procedures Act; and
857 (iv) clearly explain the consequences of failure to timely contest the citation or to make
858 payment of any fines assessed by the citation within the time specified in the citation.
859 (c) The division may issue a notice in lieu of a citation.
860 (d) Each citation issued under this section, or a copy of each citation, may be served
861 upon a person upon whom a summons may be served in accordance with the Utah Rules of
862 Civil Procedure and may be made personally or upon the person's agent by a division
863 investigator or by any person specially designated by the director or by mail.
864 (e) If within 20 calendar days from the service of the citation, the person to whom the
865 citation was issued fails to request a hearing to contest the citation, the citation becomes the
866 final order of the division and is not subject to further agency review. The period to contest a
867 citation may be extended by the division for cause.
868 (f) The division may refuse to issue or renew, suspend, revoke, or place on probation
869 the license of a licensee who fails to comply with a citation after it becomes final.
870 (g) The failure of an applicant for licensure to comply with a citation after it becomes
871 final is a ground for denial of license.
872 (h) No citation may be issued under this section after the expiration of [
873
874 that is the subject of the citation is reported to the division.
875 (i) The director or the director's designee shall assess fines according to the following:
876 (i) for a first offense handled pursuant to Subsection (1)(a), a fine of up to $1,000;
877 (ii) for a second offense handled pursuant to Subsection (1)(a), a fine of up to $2,000;
878 and
879 (iii) for any subsequent offense handled pursuant to Subsection (1)(a), a fine of up to
880 $2,000 for each day of continued offense.
881 (2) An action initiated for a first or second offense which has not yet resulted in a final
882 order of the division shall not preclude initiation of any subsequent action for a second or
883 subsequent offense during the pendency of any preceding action. The final order on a
884 subsequent action shall be considered a second or subsequent offense, respectively, provided
885 the preceding action resulted in a first or second offense, respectively.
886 (3) (a) The director may collect a penalty that is not paid by:
887 (i) referring the matter to a collection agency; or
888 (ii) bringing an action in the district court of the county where the person against whom
889 the penalty is imposed resides or in the county where the office of the director is located.
890 (b) A county attorney or the attorney general of the state shall provide legal assistance
891 and advice to the director in an action to collect a penalty.
892 (c) A court shall award reasonable attorney fees and costs to the prevailing party in an
893 action brought by the division to collect a penalty.
894 Section 14. Section 58-5a-302 is amended to read:
895 58-5a-302. Qualifications to practice podiatry.
896 An applicant for licensure to practice podiatry shall:
897 (1) submit an application in a form as prescribed by the division;
898 (2) pay a fee as determined by the department under Section 63J-1-504;
899 [
900 [
901 program of professional education preparing an individual as a podiatric physician, as
902 evidenced by having received an earned degree of doctor of podiatric medicine from a podiatry
903 school or college accredited by the Council on Podiatric Medical Education;
904 [
905 applicant:
906 (a) has successfully completed 24 months of resident training in a program approved
907 by the Council on Podiatric Medical Education; or
908 (b) (i) has successfully completed 12 months of resident training in a program
909 approved by the Council on Podiatric Medical Education after receiving a degree of doctor of
910 podiatric medicine as required under Subsection [
911 (ii) has been accepted in, and is successfully participating in, progressive resident
912 training in a Council on Podiatric Medical Education approved program within Utah, in the
913 applicant's second or third year of postgraduate training; and
914 (iii) has agreed to surrender to the division the applicant's license as a podiatric
915 physician without any proceedings under Title 63G, Chapter 4, Administrative Procedures Act,
916 and has agreed the applicant's license as a podiatric physician will be automatically revoked by
917 the division if the applicant fails to continue in good standing in a Council on Podiatric
918 Medical Education approved progressive resident training program within the state; and
919 [
920 Section 15. Section 58-11a-102 is amended to read:
921 58-11a-102. Definitions.
922 As used in this chapter:
923 (1) "Approved barber or cosmetologist/barber apprenticeship" means an apprenticeship
924 that meets the requirements of Subsection 58-11a-306(1) for barbers or Subsection
925 58-11a-306(2) for cosmetologist/barbers and the requirements established by rule by the
926 division in collaboration with the board in accordance with Title 63G, Chapter 3, Utah
927 Administrative Rulemaking Act.
928 (2) "Approved esthetician apprenticeship" means an apprenticeship that meets the
929 requirements of Subsection 58-11a-306[
930 division in collaboration with the board in accordance with Title 63G, Chapter 3, Utah
931 Administrative Rulemaking Act.
932 (3) "Approved hair designer apprenticeship" means an apprenticeship that meets the
933 requirements of Subsection 58-11a-306(3) and the requirements established by rule by the
934 division in collaboration with the board in accordance with Title 63G, Chapter 3, Utah
935 Administrative Rulemaking Act.
936 [
937 meets the requirements of Subsection 58-11a-306[
938 rule by the division in collaboration with the board in accordance with Title 63G, Chapter 3,
939 Utah Administrative Rulemaking Act.
940 [
941 the requirements of Subsection 58-11a-306[
942 the division in collaboration with the board in accordance with Title 63G, Chapter 3, Utah
943 Administrative Rulemaking Act.
944 [
945 practice of barbering.
946 [
947 engage in the practice of barbering instruction.
948 [
949 created in Section 58-11a-201.
950 [
951 Section 58-67-102.
952 [
953 [
954 to engage in the practice of cosmetology/barbering.
955 [
956 licensed under this chapter to engage in the practice of cosmetology/barbering instruction.
957 [
958 instructor of a student is immediately available for consultation, advice, instruction, and
959 evaluation.
960 [
961 in the practice of electrology.
962 [
963 chapter to engage in the practice of electrology instruction.
964 [
965 in the practice of esthetics.
966 [
967 this chapter to engage in the practice of esthetics instruction.
968 [
969 Enforcement Fund created in Section 58-11a-103.
970 [
971 person's natural human hair.
972 (b) "Hair braiding" includes the following methods or styles:
973 (i) African-style braiding;
974 (ii) box braids;
975 (iii) cornrows;
976 (iv) dreadlocks;
977 (v) french braids;
978 (vi) invisible braids;
979 (vii) micro braids;
980 (viii) single braids;
981 (ix) single plaits;
982 (x) twists;
983 (xi) visible braids;
984 (xii) the use of lock braids; and
985 (xiii) the use of decorative beads, accessories, and nonhair extensions.
986 (c) "Hair braiding" does not include:
987 (i) the use of:
988 (A) wefts;
989 (B) synthetic tape;
990 (C) synthetic glue;
991 (D) keratin bonds;
992 (E) fusion bonds; or
993 (F) heat tools;
994 (ii) the cutting of human hair; or
995 (iii) the application of heat, dye, a reactive chemical, or other preparation to:
996 (A) alter the color of the hair; or
997 (B) straighten, curl, or alter the structure of the hair.
998 [
999 engage in the practice of hair design.
1000 [
1001 chapter to engage in the practice of hair design instruction.
1002 [
1003 cosmetology/barber school licensed under this chapter.
1004 [
1005 this chapter.
1006 [
1007 chapter.
1008 [
1009 this chapter.
1010 [
1011 under this chapter.
1012 [
1013 to engage in the practice of master-level esthetics.
1014 [
1015 engage in the practice of nail technology.
1016 [
1017 chapter to engage in the practice of nail technology instruction.
1018 [
1019 (a) cutting, clipping, or trimming the hair of the head of any person by the use of
1020 scissors, shears, clippers, or other appliances;
1021 (b) draping, shampooing, scalp treatments, basic wet styling, and blow drying;
1022 (c) removing hair from the face or neck of a person by the use of shaving equipment;
1023 and
1024 (d) when providing other services described in this Subsection [
1025 massaging the head, back of the neck, and shoulders by manual or mechanical means.
1026 [
1027 at a licensed barber school, at a licensed cosmetology/barber school, or for an approved barber
1028 apprenticeship.
1029 [
1030 procedures done on the body for cosmetic purposes and not for the treatment of medical,
1031 physical, or mental ailments:
1032 (a) cleansing, stimulating, manipulating, exercising, applying oils, antiseptics, clays, or
1033 masks, manual extraction, including a comedone extractor, depilatories, waxes, tweezing, the
1034 application of eyelash or eyebrow extensions, natural nail manicures or pedicures, or callous
1035 removal by buffing or filing;
1036 (b) limited chemical exfoliation as defined by rule;
1037 (c) removing superfluous hair by means other than electrolysis, except that an
1038 individual is not required to be licensed as an esthetician to engage in the practice of threading;
1039 (d) other esthetic preparations or procedures with the use of the hands, a
1040 high-frequency or galvanic electrical apparatus, or a heat lamp for cosmetic purposes and not
1041 for the treatment of medical, physical, or mental ailments;
1042 (e) arching eyebrows, tinting eyebrows or eyelashes, perming eyelashes, or applying
1043 eyelash or eyebrow extensions; or
1044 (f) except as provided in Subsection [
1045 under the direct cosmetic medical procedure supervision of a cosmetic supervisor limited to the
1046 following:
1047 (i) superfluous hair removal which shall be under indirect supervision;
1048 (ii) anti-aging resurfacing enhancements;
1049 (iii) photo rejuvenation; or
1050 (iv) tattoo removal.
1051 [
1052 (i) styling, arranging, dressing, curling, waving, permanent waving, cleansing,
1053 singeing, bleaching, dyeing, tinting, coloring, or similarly treating the hair of the head of a
1054 person;
1055 (ii) cutting, clipping, or trimming the hair by the use of scissors, shears, clippers, or
1056 other appliances;
1057 (iii) arching eyebrows, tinting eyebrows or eyelashes, perming eyelashes, applying
1058 eyelash or eyebrow extensions;
1059 (iv) removing hair from the body of a person by the use of depilatories, waxing, or
1060 shaving equipment;
1061 (v) cutting, curling, styling, fitting, measuring, or forming caps for wigs or hairpieces
1062 or both on the human head; or
1063 (vi) practicing hair weaving or hair fusing or servicing previously medically implanted
1064 hair.
1065 (b) The term "practice of cosmetology/barbering" includes:
1066 (i) the practice of barbering;
1067 (ii) the practice of basic esthetics; and
1068 (iii) the practice of nail technology.
1069 (c) An individual is not required to be licensed as a cosmetologist/barber to engage in
1070 the practice of threading.
1071 [
1072 of cosmetology/barbering:
1073 (a) at a licensed cosmetology/barber school, a licensed barber school, or a licensed nail
1074 technology school; or
1075 (b) for an approved cosmetologist/barber apprenticeship.
1076 [
1077 (a) the removal of superfluous hair from the body of a person by the use of electricity,
1078 waxing, shaving, or tweezing; or
1079 (b) cosmetic laser procedures under the supervision of a cosmetic supervisor limited to
1080 superfluous hair removal.
1081 [
1082 electrology at a licensed electrology school.
1083 [
1084 esthetics or the practice of master-level esthetics:
1085 (a) at a licensed esthetics school or a licensed cosmetology/barber school; or
1086 (b) for an approved esthetician apprenticeship or an approved master esthetician
1087 apprenticeship.
1088 [
1089 (a) styling, arranging, dressing, curling, waving, permanent waving, cleansing,
1090 singeing, bleaching, dyeing, tinting, coloring, or similarly treating the hair of the head of a
1091 person;
1092 (b) barbering, cutting, clipping, shaving, or trimming the hair by the use of scissors,
1093 shears, clippers, or other appliances;
1094 (c) cutting, curling, styling, fitting, measuring, or forming caps for wigs, hairpieces, or
1095 both on the human head; or
1096 (d) practicing hair weaving, hair fusing, or servicing previously medically implanted
1097 hair.
1098 [
1099 design at a licensed cosmetology/barber school, a licensed hair design school, or a licensed
1100 barber school.
1101 [
1102 (i) any of the following when done for cosmetic purposes on the body and not for the
1103 treatment of medical, physical, or mental ailments:
1104 (A) body wraps as defined by rule;
1105 (B) hydrotherapy as defined by rule;
1106 (C) chemical exfoliation as defined by rule;
1107 (D) advanced pedicures as defined by rule;
1108 (E) sanding, including microdermabrasion;
1109 (F) advanced extraction;
1110 (G) other esthetic preparations or procedures with the use of:
1111 (I) the hands; or
1112 (II) a mechanical or electrical apparatus which is approved for use by division rule for
1113 beautifying or similar work performed on the body for cosmetic purposes and not for the
1114 treatment of a medical, physical, or mental ailment; or
1115 (H) cosmetic laser procedures under the supervision of a cosmetic supervisor with a
1116 physician's evaluation before the procedure, as needed, unless specifically required under
1117 Section 58-1-506, and limited to the following:
1118 (I) superfluous hair removal;
1119 (II) anti-aging resurfacing enhancements;
1120 (III) photo rejuvenation; or
1121 (IV) tattoo removal with a physician's, advanced practice nurse's, or physician
1122 assistant's evaluation before the tattoo removal procedure, as required by Subsection
1123 58-1-506(3)(a); and
1124 (ii) lymphatic massage by manual or other means as defined by rule.
1125 (b) Notwithstanding the provisions of Subsection [
1126 esthetician may perform procedures listed in Subsection [
1127 under the supervision of a cosmetic supervisor acting within the scope of the cosmetic
1128 supervisor license.
1129 (c) The term "practice of master-level esthetics" includes the practice of esthetics, but
1130 an individual is not required to be licensed as an esthetician or master-level esthetician to
1131 engage in the practice of threading.
1132 [
1133 massage, or enhance the appearance of the hands, feet, and nails of an individual by the use of
1134 hands, mechanical, or electrical preparation, antiseptic, lotions, or creams, including the
1135 application and removal of sculptured or artificial nails.
1136 [
1137 technology at a licensed nail technician school, at a licensed cosmetology/barber school, or for
1138 an approved nail technician apprenticeship.
1139 [
1140 than Utah, whose students, upon graduation, are recognized as having completed the
1141 educational requirements for licensure in that state.
1142 [
1143 school located in a state other than Utah, whose students, upon graduation, are recognized as
1144 having completed the educational requirements for licensure in that state.
1145 [
1146 state other than Utah, whose students, upon graduation, are recognized as having completed the
1147 educational requirements for licensure in that state.
1148 [
1149 other than Utah, whose students, upon graduation, are recognized as having completed the
1150 educational requirements for licensure in that state.
1151 [
1152 state other than Utah, whose students, upon graduation, are recognized as having completed the
1153 educational requirements for licensure in that state.
1154 [
1155 located in a state other than Utah, whose students, upon graduation, are recognized as having
1156 completed the educational requirements for licensure in that state.
1157 [
1158 cosmetology/barbering, esthetics, electrology, or nail technology is practiced.
1159 [
1160 [
1161 58-11a-501 and as may be further defined by rule by the division in collaboration with the
1162 board in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
1163 Section 16. Section 58-11a-302 is amended to read:
1164 58-11a-302. Qualifications for licensure.
1165 (1) Each applicant for licensure as a barber shall:
1166 (a) submit an application in a form prescribed by the division;
1167 (b) pay a fee determined by the department under Section 63J-1-504;
1168 [
1169 [
1170 (i) graduation from a licensed or recognized barber school, or a licensed or recognized
1171 cosmetology/barber school, whose curriculum consists of a minimum of 1,000 hours of
1172 instruction, or the equivalent number of credit hours, over a period of not less than 25 weeks;
1173 (ii) (A) graduation from a recognized barber school located in a state other than Utah
1174 whose curriculum consists of less than 1,000 hours of instruction or the equivalent number of
1175 credit hours; and
1176 (B) practice as a licensed barber in a state other than Utah for not less than the number
1177 of hours required to equal 1,000 total hours when added to the hours of instruction described in
1178 Subsection [
1179 (iii) completion of an approved barber apprenticeship; and
1180 [
1181 (2) Each applicant for licensure as a barber instructor shall:
1182 (a) submit an application in a form prescribed by the division;
1183 (b) subject to Subsection (24), pay a fee determined by the department under Section
1184 63J-1-504;
1185 (c) provide satisfactory documentation that the applicant is currently licensed as a
1186 barber;
1187 [
1188 [
1189 (i) an instructor training program conducted by a licensed or recognized school, as
1190 defined by rule, consisting of a minimum of 250 hours or the equivalent number of credit
1191 hours;
1192 (ii) on-the-job instructor training conducted by a licensed instructor at a licensed or
1193 recognized school, as defined by rule, consisting of a minimum of 250 hours or the equivalent
1194 number of credit hours; or
1195 (iii) a minimum of 2,000 hours of experience as a barber; and
1196 [
1197 (3) Each applicant for licensure as a barber school shall:
1198 (a) submit an application in a form prescribed by the division;
1199 (b) pay a fee determined by the department under Section 63J-1-504; and
1200 (c) provide satisfactory documentation:
1201 (i) of appropriate registration with the Division of Corporations and Commercial Code;
1202 (ii) of business licensure from the city, town, or county in which the school is located;
1203 (iii) that the applicant's physical facilities comply with the requirements established by
1204 rule; and
1205 (iv) that the applicant meets:
1206 (A) the standards for barber schools, including staff and accreditation requirements,
1207 established by rule; and
1208 (B) the requirements for recognition as an institution of postsecondary study as
1209 described in Subsection (22).
1210 (4) Each applicant for licensure as a cosmetologist/barber shall:
1211 (a) submit an application in a form prescribed by the division;
1212 (b) pay a fee determined by the department under Section 63J-1-504;
1213 [
1214 [
1215 (i) graduation from a licensed or recognized cosmetology/barber school whose
1216 curriculum consists of a minimum of 1,600 hours of instruction, or the equivalent number of
1217 credit hours, with full flexibility within those hours;
1218 (ii) (A) graduation from a recognized cosmetology/barber school located in a state
1219 other than Utah whose curriculum consists of less than 1,600 hours of instruction, or the
1220 equivalent number of credit hours, with full flexibility within those hours; and
1221 (B) practice as a licensed cosmetologist/barber in a state other than Utah for not less
1222 than the number of hours required to equal 1,600 total hours when added to the hours of
1223 instruction described in Subsection [
1224 (iii) completion of an approved cosmetology/barber apprenticeship; and
1225 [
1226 (5) Each applicant for licensure as a cosmetologist/barber instructor shall:
1227 (a) submit an application in a form prescribed by the division;
1228 (b) subject to Subsection (24), pay a fee determined by the department under Section
1229 63J-1-504;
1230 (c) provide satisfactory documentation that the applicant is currently licensed as a
1231 cosmetologist/barber;
1232 [
1233 [
1234 (i) an instructor training program conducted by a licensed or recognized school, as
1235 defined by rule, consisting of a minimum of 400 hours or the equivalent number of credit
1236 hours;
1237 (ii) on-the-job instructor training conducted by a licensed instructor at a licensed or
1238 recognized school, as defined by rule, consisting of a minimum of 400 hours or the equivalent
1239 number of credit hours; or
1240 (iii) a minimum of 3,000 hours of experience as a cosmetologist/barber; and
1241 [
1242 (6) Each applicant for licensure as a cosmetologist/barber school shall:
1243 (a) submit an application in a form prescribed by the division;
1244 (b) pay a fee determined by the department under Section 63J-1-504; and
1245 (c) provide satisfactory documentation:
1246 (i) of appropriate registration with the Division of Corporations and Commercial Code;
1247 (ii) of business licensure from the city, town, or county in which the school is located;
1248 (iii) that the applicant's physical facilities comply with the requirements established by
1249 rule; and
1250 (iv) that the applicant meets:
1251 (A) the standards for cosmetology schools, including staff and accreditation
1252 requirements, established by rule; and
1253 (B) the requirements for recognition as an institution of postsecondary study as
1254 described in Subsection (22).
1255 (7) Each applicant for licensure as an electrologist shall:
1256 (a) submit an application in a form prescribed by the division;
1257 (b) pay a fee determined by the department under Section 63J-1-504;
1258 [
1259 [
1260 recognized electrology school after completing a curriculum of 600 hours of instruction or the
1261 equivalent number of credit hours; and
1262 [
1263 (8) Each applicant for licensure as an electrologist instructor shall:
1264 (a) submit an application in a form prescribed by the division;
1265 (b) subject to Subsection (24), pay a fee determined by the department under Section
1266 63J-1-504;
1267 (c) provide satisfactory documentation that the applicant is currently licensed as an
1268 electrologist;
1269 [
1270 [
1271 (i) an instructor training program conducted by a licensed or recognized school, as
1272 defined by rule, consisting of a minimum of 150 hours or the equivalent number of credit
1273 hours;
1274 (ii) on-the-job instructor training conducted by a licensed instructor at a licensed or
1275 recognized school, as defined by rule, consisting of a minimum of 150 hours or the equivalent
1276 number of credit hours; or
1277 (iii) a minimum of 1,000 hours of experience as an electrologist; and
1278 [
1279 (9) Each applicant for licensure as an electrologist school shall:
1280 (a) submit an application in a form prescribed by the division;
1281 (b) pay a fee determined by the department under Section 63J-1-504; and
1282 (c) provide satisfactory documentation:
1283 (i) of appropriate registration with the Division of Corporations and Commercial Code;
1284 (ii) of business licensure from the city, town, or county in which the school is located;
1285 (iii) that the applicant's facilities comply with the requirements established by rule; and
1286 (iv) that the applicant meets:
1287 (A) the standards for electrologist schools, including staff, curriculum, and
1288 accreditation requirements, established by rule; and
1289 (B) the requirements for recognition as an institution of postsecondary study as
1290 described in Subsection (22).
1291 (10) Each applicant for licensure as an esthetician shall:
1292 (a) submit an application in a form prescribed by the division;
1293 (b) pay a fee determined by the department under Section 63J-1-504;
1294 [
1295 [
1296 (i) graduation from a licensed or recognized esthetic school or a licensed or recognized
1297 cosmetology/barber school whose curriculum consists of not less than 15 weeks of esthetic
1298 instruction with a minimum of 600 hours or the equivalent number of credit hours;
1299 (ii) completion of an approved esthetician apprenticeship; or
1300 (iii) (A) graduation from a recognized cosmetology/barber school located in a state
1301 other than Utah whose curriculum consists of less than 1,600 hours of instruction, or the
1302 equivalent number of credit hours, with full flexibility within those hours; and
1303 (B) practice as a licensed cosmetologist/barber for not less than the number of hours
1304 required to equal 1,600 total hours when added to the hours of instruction described in
1305 Subsection [
1306 [
1307 (11) Each applicant for licensure as a master esthetician shall:
1308 (a) submit an application in a form prescribed by the division;
1309 (b) pay a fee determined by the department under Section 63J-1-504;
1310 [
1311 [
1312 (i) completion of at least 1,200 hours of training, or the equivalent number of credit
1313 hours, at a licensed or recognized esthetics school, except that up to 600 hours toward the
1314 1,200 hours may have been completed:
1315 (A) at a licensed or recognized cosmetology/barbering school, if the applicant
1316 graduated from the school and its curriculum consisted of at least 1,600 hours of instruction, or
1317 the equivalent number of credit hours, with full flexibility within those hours; or
1318 (B) at a licensed or recognized cosmetology/barber school located in a state other than
1319 Utah, if the applicant graduated from the school and its curriculum contained full flexibility
1320 within its hours of instruction; or
1321 (ii) completion of an approved master esthetician apprenticeship;
1322 [
1323 documentation to show completion of 200 hours of training, or the equivalent number of credit
1324 hours, in lymphatic massage as defined by division rule; and
1325 [
1326 (12) Each applicant for licensure as an esthetician instructor shall:
1327 (a) submit an application in a form prescribed by the division;
1328 (b) subject to Subsection (24), pay a fee determined by the department under Section
1329 63J-1-504;
1330 (c) provide satisfactory documentation that the applicant is currently licensed as a
1331 master esthetician;
1332 [
1333 [
1334 (i) an instructor training program conducted by a licensed or recognized school, as
1335 defined by rule, consisting of a minimum of 300 hours or the equivalent number of credit
1336 hours;
1337 (ii) on-the-job instructor training conducted by a licensed instructor at a licensed or
1338 recognized school, as defined by rule, consisting of a minimum of 300 hours or the equivalent
1339 number of credit hours; or
1340 (iii) a minimum of 1,000 hours of experience in esthetics; and
1341 [
1342 (13) Each applicant for licensure as an esthetics school shall:
1343 (a) submit an application in a form prescribed by the division;
1344 (b) pay a fee determined by the department under Section 63J-1-504; and
1345 (c) provide satisfactory documentation:
1346 (i) of appropriate registration with the Division of Corporations and Commercial Code;
1347 (ii) of business licensure from the city, town, or county in which the school is located;
1348 (iii) that the applicant's physical facilities comply with the requirements established by
1349 rule; and
1350 (iv) that the applicant meets:
1351 (A) the standards for esthetics schools, including staff, curriculum, and accreditation
1352 requirements, established by division rule made in collaboration with the board; and
1353 (B) the requirements for recognition as an institution of postsecondary study as
1354 described in Subsection (22).
1355 (14) Each applicant for licensure as a hair designer shall:
1356 (a) submit an application in a form prescribed by the division;
1357 (b) pay a fee determined by the department under Section 63J-1-504;
1358 [
1359 [
1360 (i) graduation from a licensed or recognized cosmetology/barber, hair design, or
1361 barbering school whose curriculum consists of a minimum of 1,200 hours of instruction, or the
1362 equivalent number of credit hours, with full flexibility within those hours;
1363 (ii) (A) graduation from a recognized cosmetology/barber, hair design, or barbering
1364 school located in a state other than Utah whose curriculum consists of less than 1,200 hours of
1365 instruction, or the equivalent number of credit hours, with full flexibility within those hours;
1366 and
1367 (B) practice as a licensed cosmetologist/barber or hair designer in a state other than
1368 Utah for not less than the number of hours required to equal 1,200 total hours when added to
1369 the hours of instruction described in Subsection [
1370 (iii) being a state licensed cosmetologist/barber; [
1371 (iv) completion of an approved hair designer apprenticeship; and
1372 [
1373 (15) Each applicant for licensure as a hair designer instructor shall:
1374 (a) submit an application in a form prescribed by the division;
1375 (b) subject to Subsection (24), pay a fee determined by the department under Section
1376 63J-1-504;
1377 (c) provide satisfactory documentation that the applicant is currently licensed as a hair
1378 designer or as a cosmetologist/barber;
1379 [
1380 [
1381 (i) an instructor training program conducted by a licensed or recognized school, as
1382 defined by rule, consisting of a minimum of 300 hours or the equivalent number of credit
1383 hours;
1384 (ii) on-the-job instructor training conducted by a licensed instructor at a licensed or
1385 recognized school, as defined by rule, consisting of a minimum of 300 hours or the equivalent
1386 number of credit hours; or
1387 (iii) a minimum of 2,500 hours of experience as a hair designer or as a
1388 cosmetologist/barber; and
1389 [
1390 (16) Each applicant for licensure as a hair design school shall:
1391 (a) submit an application in a form prescribed by the division;
1392 (b) pay a fee determined by the department under Section 63J-1-504; and
1393 (c) provide satisfactory documentation:
1394 (i) of appropriate registration with the Division of Corporations and Commercial Code;
1395 (ii) of business licensure from the city, town, or county in which the school is located;
1396 (iii) that the applicant's physical facilities comply with the requirements established by
1397 rule; and
1398 (iv) that the applicant meets:
1399 (A) the standards for a hair design school, including staff and accreditation
1400 requirements, established by rule; and
1401 (B) the requirements for recognition as an institution of postsecondary study as
1402 described in Subsection (22).
1403 (17) Each applicant for licensure as a nail technician shall:
1404 (a) submit an application in a form prescribed by the division;
1405 (b) pay a fee determined by the department under Section 63J-1-504;
1406 [
1407 [
1408 (i) graduation from a licensed or recognized nail technology school, or a licensed or
1409 recognized cosmetology/barber school, whose curriculum consists of not less than 300 hours of
1410 instruction, or the equivalent number of credit hours;
1411 (ii) (A) graduation from a recognized nail technology school located in a state other
1412 than Utah whose curriculum consists of less than 300 hours of instruction or the equivalent
1413 number of credit hours; and
1414 (B) practice as a licensed nail technician in a state other than Utah for not less than the
1415 number of hours required to equal 300 total hours when added to the hours of instruction
1416 described in Subsection [
1417 (iii) completion of an approved nail technician apprenticeship; and
1418 [
1419 (18) Each applicant for licensure as a nail technician instructor shall:
1420 (a) submit an application in a form prescribed by the division;
1421 (b) subject to Subsection (24), pay a fee determined by the department under Section
1422 63J-1-504;
1423 (c) provide satisfactory documentation that the applicant is currently licensed as a nail
1424 technician;
1425 [
1426 [
1427 (i) an instructor training program conducted by a licensed or recognized school, as
1428 defined by rule, consisting of a minimum of 75 hours or the equivalent number of credit hours;
1429 (ii) an on-the-job instructor training program conducted by a licensed instructor at a
1430 licensed or recognized school, as defined by rule, consisting of a minimum of 75 hours or the
1431 equivalent number of credit hours; or
1432 (iii) a minimum of 600 hours of experience in nail technology; and
1433 [
1434 (19) Each applicant for licensure as a nail technology school shall:
1435 (a) submit an application in a form prescribed by the division;
1436 (b) pay a fee determined by the department under Section 63J-1-504; and
1437 (c) provide satisfactory documentation:
1438 (i) of appropriate registration with the Division of Corporations and Commercial Code;
1439 (ii) of business licensure from the city, town, or county in which the school is located;
1440 (iii) that the applicant's facilities comply with the requirements established by rule; and
1441 (iv) that the applicant meets:
1442 (A) the standards for nail technology schools, including staff, curriculum, and
1443 accreditation requirements, established by rule; and
1444 (B) the requirements for recognition as an institution of postsecondary study as
1445 described in Subsection (22).
1446 (20) Each applicant for licensure under this chapter whose education in the field for
1447 which a license is sought was completed at a foreign school may satisfy the educational
1448 requirement for licensure by demonstrating, to the satisfaction of the division, the educational
1449 equivalency of the foreign school education with a licensed school under this chapter.
1450 (21) (a) A licensed or recognized school under this section shall accept credit hours
1451 towards graduation for documented, relevant, and substantially equivalent coursework
1452 previously completed by:
1453 (i) a student that did not complete the student's education while attending a different
1454 school; or
1455 (ii) a licensee of any other profession listed in this section, based on the licensee's
1456 schooling, apprenticeship, or experience.
1457 (b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, and
1458 consistent with this section, the division may make rules governing the acceptance of credit
1459 hours under Subsection (21)(a).
1460 (22) A school licensed or applying for licensure under this chapter shall maintain
1461 recognition as an institution of postsecondary study by meeting the following conditions:
1462 (a) the school shall admit as a regular student only an individual who has earned a
1463 recognized high school diploma or the equivalent of a recognized high school diploma, or who
1464 is beyond the age of compulsory high school attendance as prescribed by Title 53G, Chapter 6,
1465 Part 2, Compulsory Education; and
1466 (b) the school shall be licensed by name, or in the case of an applicant, shall apply for
1467 licensure by name, under this chapter to offer one or more training programs beyond the
1468 secondary level.
1469 (23) A person seeking to qualify for licensure under this chapter by apprenticing in an
1470 approved apprenticeship shall register with the division as described in Section 58-11a-306.
1471 (24) The department may only charge a fee to a person applying for licensure as any
1472 type of instructor under this chapter if the person is not a licensed instructor in any other
1473 profession under this chapter.
1474 (25) In order to encourage economic development in the state in accordance with
1475 Subsection 63G-1-201(4)(e), the department may offer any required examination under this
1476 section, which is prepared by a national testing organization, in languages in addition to
1477 English.
1478 Section 17. Section 58-11a-304 is amended to read:
1479 58-11a-304. Exemptions from licensure.
1480 In addition to the exemptions from licensure in Section 58-1-307, the following persons
1481 may engage in the practice of barbering, cosmetology/barbering, hair design, esthetics,
1482 master-level esthetics, electrology, or nail technology without being licensed under this
1483 chapter:
1484 (1) a person licensed under the laws of this state to engage in the practice of medicine,
1485 surgery, osteopathy, or chiropractic when engaged in the practice of the profession for which
1486 they are licensed;
1487 (2) a commissioned physician or surgeon serving in the armed forces of the United
1488 States or another federal agency;
1489 (3) a registered nurse, undertaker, or mortician licensed under the laws of this state
1490 when engaged in the practice of the profession for which the person is licensed;
1491 (4) a person who visits the state to engage in instructional seminars, advanced classes,
1492 trade shows, or competitions of a limited duration;
1493 (5) a person who engages in the practice of barbering, cosmetology/barbering, hair
1494 design, esthetics, master-level esthetics, electrology, or nail technology without compensation;
1495 (6) a person instructing an adult education class or other educational program directed
1496 toward persons who are not licensed under this chapter and that is not intended to train persons
1497 to become licensed under this chapter, provided:
1498 (a) an attendee receives no credit toward educational requirements for licensure under
1499 this chapter;
1500 (b) the instructor informs each attendee in writing that taking such a class or program
1501 will not certify or qualify the attendee to perform a service for compensation that requires
1502 licensure under this chapter; and
1503 (c) (i) the instructor is properly licensed; or
1504 (ii) the instructor receives no compensation;
1505 (7) a person providing instruction in workshops, seminars, training meetings, or other
1506 educational programs whose purpose is to provide continuing professional development to
1507 licensed barbers, cosmetologists/barbers, hair designers, estheticians, master estheticians,
1508 electrologists, or nail technicians;
1509 (8) a person enrolled in a licensed barber [
1510 school when participating in an on the job training internship under the direct supervision of a
1511 licensed barber [
1512 under the standards established by rule by the division in collaboration with the board;
1513 (9) a person enrolled in an approved apprenticeship pursuant to Section 58-11a-306;
1514 (10) an employee of a company that is primarily engaged in the business of selling
1515 products used in the practice of barbering, cosmetology/barbering, hair design, esthetics,
1516 master-level esthetics, electrology, or nail technology when demonstrating the company's
1517 products to a potential customer, provided the employee makes no representation to a potential
1518 customer that attending such a demonstration will certify or qualify the attendee to perform a
1519 service for compensation that requires licensure under this chapter;
1520 (11) a person who:
1521 (a) is qualified to engage in the practice of barbering, cosmetology/barbering, hair
1522 design, esthetics, master-level esthetics, electrology, or nail technology in another jurisdiction
1523 as evidenced by licensure, certification, or lawful practice in the other jurisdiction;
1524 (b) is employed by, or under contract with, a motion picture company; and
1525 (c) engages in the practice of barbering, cosmetology/barbering, hair design, esthetics,
1526 master-level esthetics, electrology, or nail technology in the state:
1527 (i) solely to assist in the production of a motion picture; and
1528 (ii) for no more than 120 days per calendar year; and
1529 (12) a person who:
1530 (a) engages in hair braiding; and
1531 (b) unless it is expressly exempted under this section or Section 58-1-307, does not
1532 engage in other activity requiring licensure under this chapter.
1533 Section 18. Section 58-11a-306 is amended to read:
1534 58-11a-306. Apprenticeship.
1535 (1) An approved barber apprenticeship shall:
1536 (a) consist of not less than 1,250 hours of training [
1537 (b) be conducted by a supervisor who:
1538 (i) is licensed under this chapter as a barber instructor or a cosmetology/barber
1539 instructor; and
1540 (ii) provides one-on-one direct supervision of the barber apprentice during the
1541 apprenticeship program.
1542 (2) An approved cosmetologist/barber apprenticeship shall:
1543 (a) consist of not less than 2,500 hours of training [
1544 (b) be conducted by a supervisor who:
1545 (i) is licensed under this chapter as a cosmetologist/barber instructor; and
1546 (ii) provides one-on-one direct supervision of the cosmetologist/barber apprentice
1547 during the apprenticeship program.
1548 (3) An approved hair designer apprenticeship shall:
1549 (a) consist of not less than 1,600 hours of training; and
1550 (b) be conducted by a supervisor who:
1551 (i) is licensed under this chapter as a hair designer instructor or a cosmetologist/barber
1552 instructor; and
1553 (ii) provides one-on-one direct supervision of the hair designer apprentice during the
1554 apprenticeship program.
1555 [
1556 (a) consist of not less than 800 hours of training [
1557 (b) be conducted by a supervisor who:
1558 (i) is licensed under this chapter as an esthetician instructor; and
1559 (ii) provides one-on-one direct supervision of the esthetician apprentice during the
1560 apprenticeship program.
1561 [
1562 (a) consist of not less than 1,500 hours of training [
1563 (b) be conducted by a supervisor who:
1564 (i) is licensed under this chapter as a master-level esthetician instructor; and
1565 (ii) provides one-on-one direct supervision of the master esthetician apprentice during
1566 the apprenticeship program.
1567 [
1568 (a) consist of not less than 375 hours of training [
1569 (b) be conducted by a supervisor who:
1570 (i) is licensed under this chapter as a nail technician instructor or a cosmetology/barber
1571 instructor;
1572 (ii) provides direct supervision of the nail technician apprentice during the
1573 apprenticeship program; and
1574 (iii) provides direct supervision to no more than two nail technician apprentices during
1575 the apprentice program.
1576 [
1577 apprenticeship under this chapter shall:
1578 (a) register with the division before beginning the training requirements by:
1579 (i) submitting a form prescribed by the division, which includes the name of the
1580 licensed supervisor; and
1581 (ii) paying a fee determined by the department under Section 63J-1-504;
1582 (b) complete the apprenticeship within five years of the date on which the division
1583 approves the registration; and
1584 (c) notify the division within 30 days if the licensed supervisor changes after the
1585 registration is approved by the division.
1586 [
1587 licensure by apprenticing in an approved apprenticeship under this chapter registers with the
1588 division before January 1, 2017, any training requirements completed by the person as an
1589 apprentice in an approved apprenticeship before registration may be applied to successful
1590 completion of the approved apprenticeship.
1591 Section 19. Section 58-11a-502 is amended to read:
1592 58-11a-502. Unlawful conduct.
1593 Unlawful conduct includes:
1594 (1) practicing or engaging in, or attempting to practice or engage in activity for which a
1595 license is required under this chapter unless:
1596 (a) the person holds the appropriate license under this chapter; or
1597 (b) an exemption in Section 58-1-307 or 58-11a-304 applies;
1598 [
1599
1600
1601 [
1602 client's body:
1603 (a) the genitals or the anus, except in cases where the patron states to a licensee that the
1604 patron requests a hair removal procedure and signs a written consent form, which must also
1605 include the witnessed signature of a legal guardian if the patron is a minor, authorizing the
1606 licensee to perform a hair removal procedure; or
1607 (b) the breast of a female patron, except in cases in which the female patron states to a
1608 licensee that the patron requests breast skin procedures and signs a written consent form, which
1609 must also include the witnessed signature of a parent or legal guardian if the patron is a minor,
1610 authorizing the licensee to perform breast skin procedures;
1611 [
1612 on a client;
1613 [
1614 [
1615 chapter, for a class or education program where attendees are not licensed under this chapter,
1616 failing to inform each attendee in writing that:
1617 (a) taking the class or program without completing the requirements for licensure under
1618 this chapter is insufficient to certify or qualify the attendee to perform a service for
1619 compensation that requires licensure under this chapter; and
1620 (b) the attendee is required to obtain licensure under this chapter before performing the
1621 service for compensation; or
1622 [
1623 maintain a source capture system required under Title 15A, State Construction and Fire Codes
1624 Act, including failing to maintain and clean a source capture system's air filter according to the
1625 manufacturer's instructions.
1626 Section 20. Section 58-11a-503 is amended to read:
1627 58-11a-503. Penalties.
1628 (1) Unless Subsection (2) applies, an individual who commits an act of unlawful
1629 conduct under Section 58-11a-502 or who fails to comply with a citation issued under this
1630 section after it is final is guilty of a class A misdemeanor.
1631 (2) Sexual conduct that violates Section 58-11a-502 and Title 76, Utah Criminal Code,
1632 shall be subject to the applicable penalties in Title 76, Utah Criminal Code.
1633 (3) Grounds for immediate suspension of a licensee's license by the division include
1634 the issuance of a citation for violation of Subsection 58-11a-502(1), [
1635 (3), (4), (5), or (6).
1636 (4) (a) If upon inspection or investigation, the division concludes that a person has
1637 violated the provisions of Subsection 58-11a-502(1), [
1638 (6), or a rule or order issued with respect to Subsection 58-11a-502(1), [
1639 (3), (4), (5), or (6), and that disciplinary action is appropriate, the director or the director's
1640 designee from within the division shall promptly issue a citation to the person according to this
1641 chapter and any pertinent rules, attempt to negotiate a stipulated settlement, or notify the person
1642 to appear before an adjudicative proceeding conducted under Title 63G, Chapter 4,
1643 Administrative Procedures Act.
1644 (i) A person who is in violation of Subsection 58-11a-502(1), [
1645 (3), (4), (5), or (6), as evidenced by an uncontested citation, a stipulated settlement, or by a
1646 finding of violation in an adjudicative proceeding, may be assessed a fine pursuant to this
1647 Subsection (4) and may, in addition to or in lieu of, be ordered to cease and desist from
1648 violating Subsection 58-11a-502(1), [
1649 (ii) Except for a cease and desist order, the licensure sanctions cited in Section
1650 58-11a-401 may not be assessed through a citation.
1651 (b) (i) Each citation shall be in writing and describe with particularity the nature of the
1652 violation, including a reference to the provision of the chapter, rule, or order alleged to have
1653 been violated.
1654 (ii) The citation shall clearly state that the recipient must notify the division in writing
1655 within 20 calendar days of service of the citation if the recipient wishes to contest the citation
1656 at a hearing conducted under Title 63G, Chapter 4, Administrative Procedures Act.
1657 (iii) The citation shall clearly explain the consequences of failure to timely contest the
1658 citation or to make payment of a fine assessed by the citation within the time specified in the
1659 citation.
1660 (c) Each citation issued under this section, or a copy of each citation, may be served
1661 upon a person upon whom a summons may be served in accordance with the Utah Rules of
1662 Civil Procedure and may be made personally or upon the person's agent by a division
1663 investigator or by a person specially designated by the director or by mail.
1664 (d) (i) If within 20 calendar days from the service of a citation, the person to whom the
1665 citation was issued fails to request a hearing to contest the citation, the citation becomes the
1666 final order of the division and is not subject to further agency review.
1667 (ii) The period to contest a citation may be extended by the division for cause.
1668 (e) The division may refuse to issue or renew, suspend, revoke, or place on probation
1669 the license of a licensee who fails to comply with a citation after it becomes final.
1670 (f) The failure of an applicant for licensure to comply with a citation after it becomes
1671 final is a ground for denial of license.
1672 (g) No citation may be issued under this section after the expiration of [
1673
1674 is the subject of the citation is reported to the division.
1675 (h) Fines shall be assessed by the director or the director's designee according to the
1676 following:
1677 (i) for a first offense under Subsection (4)(a), a fine of up to $1,000;
1678 (ii) for a second offense under Subsection (4)(a), a fine of up to $2,000; and
1679 (iii) for any subsequent offense under Subsection (4)(a), a fine of up to $2,000 for each
1680 day of continued offense.
1681 (i) (i) For purposes of issuing a final order under this section and assessing a fine under
1682 Subsection (4)(h), an offense constitutes a second or subsequent offense if:
1683 (A) the division previously issued a final order determining that a person committed a
1684 first or second offense in violation of Subsection 58-11a-502(1), [
1685 (4), (5), or (6); or
1686 (B) (I) the division initiated an action for a first or second offense;
1687 (II) no final order has been issued by the division in the action initiated under
1688 Subsection (4)(i)(i)(B)(I);
1689 (III) the division determines during an investigation that occurred after the initiation of
1690 the action under Subsection (4)(i)(i)(B)(I) that the person committed a second or subsequent
1691 violation of Subsection 58-11a-502(1), [
1692 (IV) after determining that the person committed a second or subsequent offense under
1693 Subsection (4)(i)(i)(B)(III), the division issues a final order on the action initiated under
1694 Subsection (4)(i)(i)(B)(I).
1695 (ii) In issuing a final order for a second or subsequent offense under Subsection
1696 (4)(i)(i), the division shall comply with the requirements of this section.
1697 (5) (a) A penalty imposed by the director under Subsection (4)(h) shall be deposited
1698 into the Barber, Cosmetologist/Barber, Esthetician, Electrologist, and Nail Technician
1699 Education and Enforcement Fund.
1700 (b) A penalty which is not paid may be collected by the director by either:
1701 (i) referring the matter to a collection agency; or
1702 (ii) bringing an action in the district court of the county in which the person against
1703 whom the penalty is imposed resides or in the county where the office of the director is located.
1704 (c) A county attorney or the attorney general of the state shall provide legal assistance
1705 and advice to the director in an action to collect a penalty.
1706 (d) A court shall award reasonable attorney fees and costs to the prevailing party in an
1707 action brought by the division to collect a penalty.
1708 Section 21. Section 58-15-11 is amended to read:
1709 58-15-11. Exemptions to chapter.
1710 (1) In addition to the exemptions described in Section 58-1-307, this chapter does not
1711 apply to [
1712 (a) a facility of a recognized church or denomination that cares for the sick and
1713 suffering by mental or spiritual means if no drug or material remedy is used in the care
1714 provided[
1715 (b) the superintendent of the Utah State Developmental Center described in Section
1716 62A-5-201.
1717 (2) Any [
1718 each statute and rule on sanitation and life safety.
1719 Section 22. Section 58-16a-102 is amended to read:
1720 58-16a-102. Definitions.
1721 In addition to the definitions in Section 58-1-102, as used in this chapter:
1722 (1) "Board" means the Optometrist Licensing Board created in Section 58-16a-201.
1723 (2) "Contact lens" means any lens that:
1724 (a) has a spherical, cylindrical, or prismatic power or curvature;
1725 (b) is made pursuant to a current prescription; and
1726 (c) is intended to be worn on the surface of the eye.
1727 (3) (a) "Contact lens prescription" means a written or verbal order for contact lenses
1728 that includes:
1729 (i) the commencement date of the prescription;
1730 (ii) the base curve, power, diameter, material or brand name, and expiration date;
1731 (iii) for a written order, the signature of the prescribing optometrist or physician; and
1732 (iv) for a verbal order, a record maintained by the recipient of:
1733 (A) the name of the prescribing optometrist or physician; and
1734 (B) the date when the prescription was issued or ordered.
1735 (b) A prescription may include:
1736 (i) a limit on the quantity of lenses that may be ordered under the prescription if
1737 required for medical reasons documented in the patient's files; and
1738 (ii) the expiration date of the prescription, which shall be two years from the
1739 commencement date, unless documented medical reasons require otherwise.
1740 (c) When a provider prescribes a private label contact lens for a patient the prescription
1741 shall include:
1742 (i) the name of the manufacturer;
1743 (ii) the trade name of the private label brand; and
1744 (iii) if applicable, the trade name of the equivalent national brand.
1745 (4) "Contact lens prescription verification" means a written request from a person who
1746 sells or provides contact lenses that:
1747 (a) is sent to the prescribing optometrist or physician; and
1748 (b) seeks the confirmation of the accuracy of a patient's prescription.
1749 (5) "Eye and its adnexa" means the human eye and all structures situated within the
1750 orbit, including the conjunctiva, lids, lashes, and lacrimal system.
1751 (6) "Fitting of a contact lens" means:
1752 (a) the using of a keratometer to measure the human eye;
1753 (b) utilizing refractive data provided by a licensed optometrist or ophthalmologist; and
1754 (c) trial fitting of contact lenses, which includes a period of time for evaluation for fit
1755 and performance, to determine a tentative contact lens prescription for a patient if the patient:
1756 (i) has not worn contact lenses before; or
1757 (ii) has changed to a different type or base curve.
1758 (7) "Laser surgery" means surgery in which human tissue is cut, burned, or vaporized
1759 by means of laser or ionizing radiation.
1760 (8) "Ophthalmic lens" means any lens used to treat the eye and that:
1761 (a) has a spherical, cylindrical, or prismatic power;
1762 (b) is made pursuant to an unexpired prescription; and
1763 (c) is intended to be used in eyeglasses or spectacles.
1764 (9) "Optometric assistant" means an unlicensed individual:
1765 (a) working under the direct and immediate supervision of a licensed optometrist; and
1766 (b) engaged in specific tasks assigned by the licensed optometrist in accordance with
1767 the standards and ethics of the profession.
1768 (10) "Optometrist" or "optometric physician" means an individual licensed under this
1769 chapter.
1770 (11) "Optometry" and "practice of optometry" mean any one or any combination of the
1771 following practices:
1772 (a) examination of the human eye and its adnexa to detect and diagnose defects or
1773 abnormal conditions;
1774 (b) determination or modification of the accommodative or refractive state of the
1775 human eye or its range or power of vision by administration and prescription of pharmaceutical
1776 agents or the use of diagnostic instruments;
1777 (c) prescription, ordering, administration, or adaptation of ophthalmic lenses, contact
1778 lenses, ophthalmic devices, pharmaceutical agents, laboratory tests, or ocular exercises to
1779 diagnose and treat diseases, defects, or other abnormal conditions of the human eye and its
1780 adnexa;
1781 (d) display of any advertisement, circular, sign, or device offering to:
1782 (i) examine the eyes;
1783 (ii) fit glasses or contact lenses; or
1784 (iii) adjust frames;
1785 (e) removal of a foreign body from the eye or its adnexa, that is not deeper than the
1786 anterior 1/2 of the cornea; and
1787 (f) consultation regarding the eye and its adnexa with other appropriate health care
1788 providers, including referral to other appropriate health care providers[
1789 [
1790
1791 (12) "Pharmaceutical agent" means any diagnostic or therapeutic drug or combination
1792 of drugs that has the property of assisting in the diagnosis, prevention, treatment, or mitigation
1793 of abnormal conditions or symptoms of the eye and its adnexa.
1794 (13) "Physician" has the same meaning as defined in Sections 58-67-102 and
1795 58-68-102.
1796 (14) "Prescription drug" has the same definition as in Section 58-17b-102.
1797 (15) "Unexpired" means a prescription that was issued:
1798 (a) for ophthalmic lenses which does not expire unless the optometrist or physician
1799 includes an expiration date on the prescription based on medical reasons that are documented
1800 in the patient's file; and
1801 (b) in accordance with Subsection (3) for a contact lens.
1802 Section 23. Section 58-16a-302 is amended to read:
1803 58-16a-302. Qualifications for licensure.
1804 (1) An applicant for licensure as an optometrist shall:
1805 (a) submit an application in a form prescribed by the division;
1806 (b) pay a fee as determined by the division under Section 63J-1-504;
1807 [
1808 [
1809 the American Optometric Association's Accreditation Council on Optometric Education; or
1810 (ii) be a graduate of a school of optometry located outside the United States that meets
1811 the criteria that would qualify the school for accreditation under Subsection [
1812 as demonstrated by the applicant for licensure;
1813 [
1814 1, 1996, have successfully completed a course of study satisfactory to the division, in
1815 consultation with the board, in general and ocular pharmacology and emergency medical care;
1816 [
1817 board that include:
1818 (i) a standardized national optometry examination;
1819 (ii) a standardized clinical examination; and
1820 (iii) a standardized national therapeutics examination; and
1821 [
1822 party, for the purpose of evaluating the applicant's qualifications for licensure.
1823 (2) Notwithstanding Subsection (1) and Section 58-1-302, the division shall issue a
1824 license under this chapter by endorsement to an individual who:
1825 (a) submits an application for licensure by endorsement on a form approved by the
1826 division;
1827 (b) pays a fee established by the division in accordance with Section 63J-1-504;
1828 [
1829
1830 [
1831 each state of the United States, or province of Canada, in which the individual is currently
1832 licensed as an optometrist; and
1833 [
1834 hours during the immediately preceding two years in a manner consistent with the legal
1835 practice of optometry in this state.
1836 Section 24. Section 58-16a-501 is amended to read:
1837 58-16a-501. Unlawful conduct.
1838 "Unlawful conduct" includes, in addition to the definition in Section 58-1-501:
1839 (1) buying, selling, or fraudulently obtaining, any optometry diploma, license,
1840 certificate, or registration;
1841 [
1842
1843 [
1844 inconsistent with Section 58-16a-801 or intentionally altering a prescription unless the person
1845 selling or providing the lenses is a licensed optometrist or ophthalmologist; or
1846 [
1847 physician," "doctor of optometry," or "O.D.," unless currently licensed under this chapter.
1848 Section 25. Section 58-16a-503 is amended to read:
1849 58-16a-503. Penalty for unlawful conduct.
1850 (1) Except as provided in Subsection (2), any person who violates the unlawful
1851 conduct provision defined in Section 58-16a-501 or Subsection 58-1-501(1)(a) or (1)(c) is
1852 guilty of a third degree felony.
1853 (2) A person who violates Subsection 58-16a-501[
1854 misdemeanor.
1855 Section 26. Section 58-17b-303 is amended to read:
1856 58-17b-303. Qualifications for licensure as a pharmacist.
1857 (1) An applicant for licensure as a pharmacist shall:
1858 (a) submit an application in a form prescribed by the division;
1859 (b) pay a fee as determined by the department under Section 63J-1-504;
1860 [
1861
1862 [
1863 as described in Section 58-1-501;
1864 [
1865 from engaging in the practice of pharmacy with reasonable skill, competency, and safety to the
1866 public;
1867 [
1868 college of pharmacy which is accredited by the Accreditation Council on Pharmacy Education;
1869 [
1870 made in collaboration with the board; and
1871 [
1872 collaboration with the board.
1873 (2) An applicant for licensure as a pharmacist whose pharmacy education was
1874 completed at a foreign pharmacy school shall, in addition to the requirements under
1875 Subsections (1)(a) through [
1876 equivalency from a credentialing agency required by division rule made in collaboration with
1877 the board.
1878 (3) An applicant for a license by endorsement as a pharmacist under this section shall:
1879 (a) submit a written application in the form prescribed by the division;
1880 (b) pay the fee determined by the department under Section 63J-1-504;
1881 [
1882
1883 [
1884 as described in Section 58-1-501;
1885 [
1886 from engaging in the practice of pharmacy with reasonable skill, competency, and safety to the
1887 public;
1888 [
1889 the four years immediately preceding the date of application;
1890 [
1891 required under Subsection (1);
1892 [
1893 territory, or possession of the United States;
1894 [
1895 the time the license was issued, equal to those of this state; and
1896 [
1897 collaboration with the board.
1898 Section 27. Section 58-17b-304 is amended to read:
1899 58-17b-304. Qualifications for licensure of pharmacy intern.
1900 An applicant for licensure as a pharmacy intern shall:
1901 (1) submit an application in a form prescribed by the division;
1902 (2) pay a fee determined by the department under Section 63J-1-504;
1903 [
1904
1905 [
1906 as described in Section 58-1-501;
1907 [
1908 from engaging in the practice of pharmacy with reasonable skill, competency, and safety to the
1909 public;
1910 [
1911 in collaboration with the board; and
1912 [
1913 (a) be a current pharmacy student, a resident, or fellow in a program approved by
1914 division rule made in collaboration with the board; or
1915 (b) have graduated from a foreign pharmacy school and received certification of
1916 equivalency from a credentialing agency approved by division rule made in collaboration with
1917 the board.
1918 Section 28. Section 58-17b-305 is amended to read:
1919 58-17b-305. Qualifications for licensure of pharmacy technician.
1920 (1) An applicant for licensure as a pharmacy technician shall:
1921 (a) submit an application in a form prescribed by the division;
1922 (b) pay a fee determined by the department under Section 63J-1-504;
1923 [
1924
1925 [
1926 as described in Section 58-1-501;
1927 [
1928 from engaging in practice as a pharmacy technician with reasonable skill, competency, and
1929 safety to the public;
1930 [
1931 standards established by division rule made in collaboration with the board; and
1932 [
1933 established by division rule made in collaboration with the board.
1934 (2) A pharmacist whose license has been denied, revoked, suspended, or restricted for
1935 disciplinary purposes is not eligible to be a licensed pharmacy technician while on probation
1936 with the division.
1937 Section 29. Section 58-17b-305.1 is amended to read:
1938 58-17b-305.1. Qualifications for licensure of pharmacy technician trainee.
1939 (1) An applicant for licensure as a pharmacy technician trainee shall:
1940 (a) submit an application to the division on a form created by the division;
1941 (b) pay a fee established by the division in accordance with Section 63J-1-504;
1942 [
1943
1944 [
1945 check;
1946 [
1947 physical or mental condition that would prevent the applicant from engaging in practice as a
1948 pharmacy technician with reasonable skill, competency, and safety to the public; and
1949 [
1950 by the division.
1951 (2) A pharmacist whose license has been denied, revoked, suspended, or restricted for
1952 disciplinary purposes is not eligible to be licensed as a pharmacy technician trainee during
1953 division probation.
1954 Section 30. Section 58-17b-308 is amended to read:
1955 58-17b-308. Term of license -- Expiration -- Renewal.
1956 (1) Except as provided in Subsection (2), each license issued under this chapter shall be
1957 issued in accordance with a two-year renewal cycle established by rule. A renewal period may
1958 be extended or shortened by as much as one year to maintain established renewal cycles or to
1959 change an established renewal cycle. Each license automatically expires on the expiration date
1960 shown on the license unless renewed by the licensee in accordance with Section 58-1-308.
1961 (2) The duration of a pharmacy intern license may be no longer than:
1962 (a) one year for a license issued under Subsection [
1963 58-17b-304(6)(b); or
1964 (b) five years for a license issued under Subsection [
1965 58-17b-304(6)(b).
1966 (3) A pharmacy intern license issued under this chapter may not be renewed, but may
1967 be extended by the division in collaboration with the board.
1968 (4) As a prerequisite for renewal of a class D pharmacy license of a pharmacy that
1969 engages in compounding, a licensee shall submit the most recent inspection report:
1970 (a) conducted within two years before the application for renewal; and
1971 (b) (i) conducted as part of the National Association of Boards of Pharmacy Verified
1972 Pharmacy Program; or
1973 (ii) performed by the state licensing agency of the state in which the applicant is a
1974 resident and in accordance with the National Association of Boards of Pharmacy multistate
1975 inspection blueprint program.
1976 Section 31. Section 58-17b-504 is amended to read:
1977 58-17b-504. Penalty for unlawful or unprofessional conduct -- Fines -- Citations.
1978 (1) Any person who violates any of the unlawful conduct provisions of Subsection
1979 58-1-501(1)(a)(i) and Subsections 58-17b-501(7) and (11) is guilty of a third degree felony.
1980 (2) Any person who violates any of the unlawful conduct provisions of Subsection
1981 58-1-501(1)(a)(ii), Subsections 58-1-501(1)(b) through (e), and Section 58-17b-501, except
1982 Subsections 58-17b-501(7) and (11), is guilty of a class A misdemeanor.
1983 (3) (a) Subject to Subsection (5) and in accordance with Section 58-17b-401, for acts
1984 of unprofessional or unlawful conduct, the division may:
1985 (i) assess administrative penalties; and
1986 (ii) take any other appropriate administrative action.
1987 (b) An administrative penalty imposed pursuant to this section shall be deposited in the
1988 General Fund as a dedicated credit to be used by the division for pharmacy licensee education
1989 and enforcement as provided in Section 58-17b-505.
1990 (4) If a licensee has been convicted of violating Section 58-17b-501 prior to an
1991 administrative finding of a violation of the same section, the licensee may not be assessed an
1992 administrative fine under this chapter for the same offense for which the conviction was
1993 obtained.
1994 (5) (a) If upon inspection or investigation, the division concludes that a person has
1995 violated the provisions of Section 58-17b-501 or 58-17b-502, Chapter 37, Utah Controlled
1996 Substances Act, Chapter 37f, Controlled Substance Database Act, Chapter 1, Division of
1997 Occupational and Professional Licensing Act, or any rule or order issued with respect to these
1998 provisions, and that disciplinary action is appropriate, the director or the director's designee
1999 from within the division shall promptly issue a citation to the person according to this chapter
2000 and any pertinent rules, attempt to negotiate a stipulated settlement, or notify the person to
2001 appear before an adjudicative proceeding conducted under Title 63G, Chapter 4,
2002 Administrative Procedures Act.
2003 (b) Any person who is in violation of the provisions of Section 58-17b-501 or
2004 58-17b-502, Chapter 37, Utah Controlled Substances Act, Chapter 37f, Controlled Substance
2005 Database Act, Chapter 1, Division of Occupational and Professional Licensing Act, or any rule
2006 or order issued with respect to these provisions, as evidenced by an uncontested citation, a
2007 stipulated settlement, or a finding of violation in an adjudicative proceeding, may be assessed a
2008 fine pursuant to this Subsection (5) of up to $10,000 per single violation or up to $2,000 per
2009 day of ongoing violation, whichever is greater, in accordance with a fine schedule established
2010 by rule, and may, in addition to or in lieu of, be ordered to cease and desist from violating the
2011 provisions of Section 58-17b-501 or 58-17b-502, Chapter 37, Utah Controlled Substances Act,
2012 Chapter 1, Division of Occupational and Professional Licensing Act, or any rule or order issued
2013 with respect to these provisions.
2014 (c) Except for an administrative fine and a cease and desist order, the licensure
2015 sanctions cited in Section 58-17b-401 may not be assessed through a citation.
2016 (d) Each citation shall be in writing and specifically describe with particularity the
2017 nature of the violation, including a reference to the provision of the chapter, rule, or order
2018 alleged to have been violated. The citation shall clearly state that the recipient must notify the
2019 division in writing within 20 calendar days of service of the citation in order to contest the
2020 citation at a hearing conducted under Title 63G, Chapter 4, Administrative Procedures Act.
2021 The citation shall clearly explain the consequences of failure to timely contest the citation or to
2022 make payment of any fines assessed by the citation within the time specified in the citation.
2023 (e) Each citation issued under this section, or a copy of each citation, may be served
2024 upon any person upon whom a summons may be served:
2025 (i) in accordance with the Utah Rules of Civil Procedure;
2026 (ii) personally or upon the person's agent by a division investigator or by any person
2027 specially designated by the director; or
2028 (iii) by mail.
2029 (f) If within 20 calendar days from the service of a citation, the person to whom the
2030 citation was issued fails to request a hearing to contest the citation, the citation becomes the
2031 final order of the division and is not subject to further agency review. The period to contest the
2032 citation may be extended by the division for cause.
2033 (g) The division may refuse to issue or renew, suspend, revoke, or place on probation
2034 the license of a licensee who fails to comply with the citation after it becomes final.
2035 (h) The failure of an applicant for licensure to comply with a citation after it becomes
2036 final is a ground for denial of license.
2037 (i) No citation may be issued under this section after the expiration of [
2038
2039 that is the subject of the citation is reported to the division.
2040 (6) (a) The director may collect a penalty that is not paid by:
2041 (i) referring the matter to a collection agency; or
2042 (ii) bringing an action in the district court of the county where the person against whom
2043 the penalty is imposed resides or in the county where the office of the director is located.
2044 (b) A county attorney or the attorney general of the state shall provide legal assistance
2045 and advice to the director in an action to collect a penalty.
2046 (c) A court shall award reasonable attorney fees and costs to the prevailing party in an
2047 action brought by the division to collect a penalty.
2048 Section 32. Section 58-17b-614 is amended to read:
2049 58-17b-614. Notification.
2050 (1) A pharmacy shall report in writing to the division not later than 10 business days:
2051 (a) before the date of:
2052 [
2053 [
2054 [
2055 [
2056 closing or change of ownership of the pharmacy facility; or
2057 [
2058 reported; or
2059 (b) after the day on which:
2060 [
2061 holder by the regulatory or licensing agency of the state in which the pharmacy is located if the
2062 pharmacy is a class D pharmacy; [
2063 [
2064 pharmacist-in-charge of the pharmacy by the regulatory or licensing agency of the state in
2065 which the pharmacy is located if the pharmacy is a class D pharmacy[
2066 (iii) any matter or occurrence that the division requires by rule to be reported.
2067 (2) A pharmacy shall report in writing to the division a disaster, accident, or emergency
2068 that may affect the purity or labeling of a drug, medication, device, or other material used in the
2069 diagnosis or treatment of injury, illness, or disease immediately upon the occurrence of the
2070 disaster, accident, or emergency as defined by rule.
2071 (3) A reporting pharmacy shall maintain a copy of any notification required by this
2072 section for two years and make a copy available for inspection.
2073 Section 33. Section 58-20b-302 is amended to read:
2074 58-20b-302. Qualifications for licensure.
2075 (1) Except as provided in Subsection (2), an applicant for licensure as an
2076 environmental health scientist shall:
2077 (a) submit an application in a form prescribed by the division;
2078 (b) pay a fee determined by the department under Section 63J-1-504;
2079 [
2080 [
2081 university or college, which degree includes completion of specific course work as defined by
2082 rule;
2083 [
2084 board; and
2085 [
2086 administered by the division.
2087 (2) An applicant for licensure as an environmental health scientist-in-training shall:
2088 (a) submit an application in a form prescribed by the division;
2089 (b) pay a fee determined by the department under Section 63J-1-504;
2090 [
2091 [
2092 university or college, which degree includes completion of specific course work as defined by
2093 rule;
2094 [
2095 Scientists administered by the division; and
2096 [
2097 when licensed, will practice as an environmental health scientist-in-training only under the
2098 general supervision of a supervising environmental health scientist licensed under this chapter.
2099 Section 34. Section 58-22-102 is amended to read:
2100 58-22-102. Definitions.
2101 In addition to the definitions in Section 58-1-102, as used in this chapter:
2102 (1) "Board" means the Professional Engineers and Professional Land Surveyors
2103 Licensing Board created in Section 58-22-201.
2104 (2) "Building" means a structure which has human occupancy or habitation as its
2105 principal purpose, and includes the structural, mechanical, and electrical systems, utility
2106 services, and other facilities required for the building, and is otherwise governed by the State
2107 Construction Code or an approved code under Title 15A, State Construction and Fire Codes
2108 Act.
2109 (3) "Complete construction plans" means a final set of plans, specifications, and reports
2110 for a building or structure that normally includes:
2111 (a) floor plans;
2112 (b) elevations;
2113 (c) site plans;
2114 (d) foundation, structural, and framing detail;
2115 (e) electrical, mechanical, and plumbing design;
2116 (f) information required by the energy code;
2117 (g) specifications and related calculations as appropriate; and
2118 (h) all other documents required to obtain a building permit.
2119 (4) "EAC/ABET" means the Engineering Accreditation Commission/Accreditation
2120 Board for Engineering and Technology.
2121 (5) "Fund" means the Professional Engineer, Professional Structural Engineer, and
2122 Professional Land Surveyor Education and Enforcement Fund created in Section 58-22-103.
2123 (6) "NCEES" means the National Council of Examiners for Engineering and
2124 Surveying.
2125 (7) "Principal" means a licensed professional engineer, professional structural engineer,
2126 or professional land surveyor having responsible charge of an organization's professional
2127 engineering, professional structural engineering, or professional land surveying practice.
2128 (8) "Professional engineer" means a person licensed under this chapter as a
2129 professional engineer.
2130 (9) (a) "Professional engineering," "the practice of engineering," or "the practice of
2131 professional engineering" means a service or creative work, the adequate performance of which
2132 requires engineering education, training, and experience in the application of special
2133 knowledge of the mathematical, physical, and engineering sciences to the service or creative
2134 work as consultation, investigation, evaluation, planning, design, and design coordination of
2135 engineering works and systems, planning the use of land and water, facility programming,
2136 performing engineering surveys and studies, and the review of construction for the purpose of
2137 monitoring compliance with drawings and specifications; any of which embraces these services
2138 or work, either public or private, in connection with any utilities, structures, buildings,
2139 machines, equipment, processes, work systems, projects, and industrial or consumer products
2140 or equipment of a mechanical, electrical, hydraulic, pneumatic, or thermal nature, and
2141 including other professional services as may be necessary to the planning, progress, and
2142 completion of any engineering services.
2143 (b) "The practice of professional engineering" does not include the practice of
2144 architecture as defined in Section 58-3a-102, but a licensed professional engineer may perform
2145 architecture work as is incidental to the practice of engineering.
2146 (10) "Professional engineering intern" means a person who:
2147 (a) has completed the education requirements to become a professional engineer;
2148 (b) has passed the fundamentals of engineering examination; and
2149 (c) is engaged in obtaining the four years of qualifying experience for licensure under
2150 the direct supervision of a licensed professional engineer.
2151 (11) "Professional land surveying" or "the practice of land surveying" means a service
2152 or work, the adequate performance of which requires the application of special knowledge of
2153 the principles of mathematics, the related physical and applied sciences, and the relevant
2154 requirements of law for adequate evidence to the act of measuring and locating lines, angles,
2155 elevations, natural and man-made features in the air, on the surface of the earth, within
2156 underground workings, and on the beds of bodies of water for the purpose of determining areas
2157 and volumes, for the monumenting or locating of property boundaries or points controlling
2158 boundaries, and for the platting and layout of lands and subdivisions of lands, including the
2159 topography, alignment and grades of streets, and for the preparation and perpetuation of maps,
2160 record plats, field notes records, and property descriptions that represent these surveys and
2161 other duties as sound surveying practices could direct.
2162 (12) "Professional land surveyor" means an individual licensed under this chapter as a
2163 professional land surveyor.
2164 (13) "Professional structural engineer" means a person licensed under this chapter as a
2165 professional structural engineer.
2166 (14) (a) "Professional structural engineering" or "the practice of structural engineering"
2167 means a service or creative work providing structural engineering services for significant
2168 structures, including:
2169 (i) buildings and other structures representing a substantial hazard to human life, which
2170 include:
2171 (A) buildings and other structures whose primary occupancy is public assembly with an
2172 occupant load greater than 300;
2173 (B) buildings and other structures with elementary school, secondary school, or day
2174 care facilities with an occupant load greater than 250;
2175 (C) buildings and other structures with an occupant load greater than 500 for colleges
2176 or adult education facilities;
2177 (D) health care facilities with an occupant load of 50 or more resident patients, but not
2178 having surgery or emergency treatment facilities;
2179 (E) jails and detention facilities with a gross area greater than 3,000 square feet; and
2180 (F) buildings and other structures with an occupant load greater than 5,000;
2181 (ii) buildings and other structures designated as essential facilities, including:
2182 (A) hospitals and other health care facilities having surgery or emergency treatment
2183 facilities with a gross area greater than 3,000 square feet;
2184 (B) fire, rescue, and police stations and emergency vehicle garages with a mean height
2185 greater than 24 feet or a gross area greater than 5,000 square feet;
2186 (C) designated earthquake, hurricane, or other emergency shelters with a gross area
2187 greater than 3,000 square feet;
2188 (D) designated emergency preparedness, communication, and operation centers and
2189 other buildings required for emergency response with a mean height more than 24 feet or a
2190 gross area greater than 5,000 square feet;
2191 (E) power-generating stations and other public utility facilities required as emergency
2192 backup facilities with a gross area greater than 3,000 square feet;
2193 (F) structures with a mean height more than 24 feet or a gross area greater than 5,000
2194 square feet containing highly toxic materials as defined by the division by rule, where the
2195 quantity of the material exceeds the maximum allowable quantities set by the division by rule;
2196 and
2197 (G) aviation control towers, air traffic control centers, and emergency aircraft hangars
2198 at commercial service and cargo air services airports as defined by the Federal Aviation
2199 Administration with a mean height greater than 35 feet or a gross area greater than 20,000
2200 square feet; and
2201 (iii) buildings and other structures requiring special consideration, including:
2202 (A) structures or buildings that are normally occupied by human beings and are five
2203 stories or more in height;
2204 (B) structures or buildings that are normally occupied by human beings and have an
2205 average roof height more than 60 feet above the average ground level measured at the
2206 perimeter of the structure; and
2207 (C) buildings that are over 200,000 aggregate gross square feet in area.
2208 (b) "Professional structural engineering" or "the practice of structural engineering":
2209 (i) includes the definition of professional engineering or the practice of professional
2210 engineering as provided in Subsection (9); and
2211 (ii) may be further defined by rules made by the division in collaboration with the
2212 board in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
2213 (15) "Structure" means that which is built or constructed, an edifice or building of any
2214 kind, or a piece of work artificially built up or composed of parts joined together in a definite
2215 manner, and as otherwise governed by the State Construction Code or an approved code under
2216 Title 15A, State Construction and Fire Codes Act.
2217 (16) "Supervision of an employee, subordinate, associate, or drafter of a licensee"
2218 means that a licensed professional engineer, professional structural engineer, or professional
2219 land surveyor is responsible for and personally reviews, corrects when necessary, and approves
2220 work performed by an employee, subordinate, associate, or drafter under the direction of the
2221 licensee, and may be further defined by rule by the division in collaboration with the board.
2222 (17) "TAC/ABET" means the Technology Accreditation Commission/Accreditation
2223 Board for Engineering and Technology.
2224 (18) "Unlawful conduct" means the same as that term is defined in Sections 58-1-501
2225 and 58-22-501.
2226 (19) "Unprofessional conduct" means the same as that term is defined in Sections
2227 58-1-501 and 58-22-502.5 .
2228 Section 35. Section 58-22-104 is amended to read:
2229 58-22-104. Surcharge fee.
2230 (1) In addition to any other fees authorized by this chapter or by the division in
2231 accordance with Section 63J-1-504, the division shall require each applicant for an initial
2232 license, renewal of a license, or reinstatement of a license under this chapter to pay a $1
2233 surcharge fee.
2234 (2) The surcharge fee shall be deposited in the General Fund as a dedicated credit to be
2235 used by the division to provide each licensee under this chapter with access to an electronic
2236 reference library that provides web-based access to national, state, and local building codes and
2237 standards.
2238 Section 36. Section 58-22-302 is amended to read:
2239 58-22-302. Qualifications for licensure.
2240 (1) Each applicant for licensure as a professional engineer shall:
2241 (a) submit an application in a form prescribed by the division;
2242 (b) pay a fee determined by the department under Section 63J-1-504;
2243 [
2244 [
2245 engineering program meeting criteria established by rule by the division in collaboration with
2246 the board; or
2247 (ii) have completed the Transportation Engineering Technology and Fundamental
2248 Engineering College Program before July 1, 1998, under the direction of the Utah Department
2249 of Transportation and as certified by the Utah Department of Transportation;
2250 [
2251 by rule by the division in collaboration with the board;
2252 [
2253 collaboration with the board; and
2254 [
2255 purpose of evaluating the applicant's qualification for licensure.
2256 (2) Each applicant for licensure as a professional structural engineer shall:
2257 (a) submit an application in a form prescribed by the division;
2258 (b) pay a fee determined by the department under Section 63J-1-504;
2259 [
2260 [
2261 engineering program meeting criteria established by rule by the division in collaboration with
2262 the board;
2263 [
2264 experience established by rule by the division in collaboration with the board, except that prior
2265 to January 1, 2009, an applicant for licensure may submit a signed affidavit in a form
2266 prescribed by the division stating that the applicant is currently engaged in the practice of
2267 structural engineering;
2268 [
2269 collaboration with the board, except that prior to January 1, 2009, an applicant for licensure
2270 may submit a signed affidavit in a form prescribed by the division stating that the applicant is
2271 currently engaged in the practice of structural engineering; and
2272 [
2273 purpose of evaluating the applicant's qualification for licensure.
2274 (3) Each applicant for licensure as a professional land surveyor shall:
2275 (a) submit an application in a form prescribed by the division;
2276 (b) pay a fee determined by the department under Section 63J-1-504;
2277 [
2278 [
2279 from a land surveying program, or an equivalent land surveying program, such as a program
2280 offered by a technical college described in Section 53B-2a-105, as approved by the State Board
2281 of Regents, established by rule by the division in collaboration with the board, and have
2282 successfully completed a program of qualifying experience in land surveying established by
2283 rule by the division in collaboration with the board; or
2284 (ii) have successfully completed a program of qualifying experience in land surveying
2285 prior to January 1, 2007, in accordance with rules established by the division in collaboration
2286 with the board;
2287 [
2288 collaboration with the board; and
2289 [
2290 purpose of evaluating the applicant's qualification for licensure.
2291 (4) Each applicant for licensure by endorsement shall:
2292 (a) submit an application in a form prescribed by the division;
2293 (b) pay a fee determined by the department under Section 63J-1-504;
2294 [
2295 [
2296 (i) current licensure in good standing in a jurisdiction recognized by rule by the
2297 division in collaboration with the board;
2298 (ii) having successfully passed an examination established by rule by the division in
2299 collaboration with the board; and
2300 (iii) full-time employment as a principal for at least five of the last seven years
2301 immediately preceding the date of the application as a:
2302 (A) licensed professional engineer for licensure as a professional engineer;
2303 (B) licensed professional structural engineer for licensure as a structural engineer; or
2304 (C) licensed professional land surveyor for licensure as a professional land surveyor;
2305 and
2306 [
2307 purpose of evaluating the applicant's qualifications for license.
2308 (5) The rules made to implement this section shall be in accordance with Title 63G,
2309 Chapter 3, Utah Administrative Rulemaking Act.
2310 Section 37. Section 58-22-305 is amended to read:
2311 58-22-305. Exemption from licensure.
2312 (1) In addition to the exemptions from licensure in Section 58-1-307, the following
2313 may engage in the following acts or practices without being licensed under this chapter:
2314 (a) a person offering to render professional engineering, professional structural
2315 engineering, or professional land surveying services in this state when not licensed under this
2316 chapter if the person:
2317 (i) holds a current and valid professional engineer, professional structural engineer, or
2318 professional land surveyor license issued by a licensing authority recognized by rule by the
2319 division in collaboration with the board;
2320 (ii) discloses in writing to the potential client the fact that the professional engineer,
2321 professional structural engineer, or professional land surveyor:
2322 (A) is not licensed in the state;
2323 (B) may not provide professional engineering, professional structural engineering, or
2324 professional land surveying services in the state until licensed in the state; and
2325 (C) that such condition may cause a delay in the ability of the professional engineer,
2326 professional structural engineer, or professional land surveyor to provide licensed services in
2327 the state;
2328 (iii) notifies the division in writing of the person's intent to offer to render professional
2329 engineering, professional structural engineering, or professional land surveying services in the
2330 state; and
2331 (iv) does not provide professional engineering, professional structural engineering, or
2332 professional land surveying services, or engage in the practice of professional engineering,
2333 professional structural engineering, or professional land surveying in this state until licensed to
2334 do so;
2335 (b) a person preparing a plan and specification for a one or two-family residence not
2336 exceeding two stories in height;
2337 (c) a person licensed to practice architecture under Title 58, Chapter 3a, Architects
2338 Licensing Act, performing architecture acts or incidental engineering or structural engineering
2339 practices that do not exceed the scope of the education and training of the person performing
2340 engineering or structural engineering;
2341 (d) unlicensed employees, subordinates, associates, or drafters of a person licensed
2342 under this chapter while preparing plans, maps, sketches, drawings, documents, specifications,
2343 plats, and reports under the supervision of a professional engineer, professional structural
2344 engineer, or professional land surveyor;
2345 (e) a person preparing a plan or specification for, or supervising the alteration of or
2346 repair to, an existing building affecting an area not exceeding 3,000 square feet when structural
2347 elements of a building are not changed, such as foundations, beams, columns, and structural
2348 slabs, joists, bearing walls, and trusses;
2349 (f) an employee of a communications, utility, railroad, mining, petroleum, or
2350 manufacturing company, or an affiliate of such a company, if the professional engineering or
2351 professional structural engineering work is performed solely in connection with the products or
2352 systems of the company and is not offered directly to the public;
2353 (g) an organization engaged in the practice of professional engineering, structural
2354 engineering, or professional land surveying, provided that:
2355 (i) the organization employs a principal; and
2356 (ii) all individuals employed by the organization, who are engaged in the practice of
2357 professional engineering, structural engineering, or land surveying, are licensed or exempt from
2358 licensure under this chapter; and
2359 (h) a person licensed as a professional engineer, a professional structural engineer, or a
2360 professional land surveyor in a state other than Utah serving as an expert witness, provided the
2361 expert testimony meets one of the following:
2362 (i) oral testimony as an expert witness in an administrative, civil, or criminal
2363 proceeding; or
2364 (ii) written documentation included as part of the testimony in a proceeding, including
2365 designs, studies, plans, specifications, or similar documentation, provided that the purpose of
2366 the written documentation is not to establish specifications, plans, designs, processes, or
2367 standards to be used in the future in an industrial process, system, construction, design, or
2368 repair.
2369 (2) Nothing in this section shall be construed to restrict a [
2370 preparing plans for a client under the exemption provided in Subsection (1)(b), or taking those
2371 plans to a professional engineer for the engineer's review, approval, and subsequent fixing of
2372 the engineer's seal to that set of plans[
2373 Section 38. Section 58-22-503 is amended to read:
2374 58-22-503. Penalties and administrative actions for unlawful or unprofessional
2375 conduct.
2376 (1) (a) If upon inspection or investigation, the division concludes that a person has
2377 violated Section 58-1-501, 58-22-501 , or 58-22-502.5, or any rule or order issued with respect
2378 to Section 58-22-501 or 58-22-502.5 , and that disciplinary action is appropriate, the director or
2379 the director's designee from within the division for each alternative respectively, shall promptly
2380 issue a citation to the person according to this chapter and any pertinent rules, attempt to
2381 negotiate a stipulated settlement, or notify the person to appear before an adjudicative
2382 proceeding conducted under Title 63G, Chapter 4, Administrative Procedures Act.
2383 (i) A person who violates Section 58-1-501, 58-22-501 , or 58-22-502.5, or any rule or
2384 order issued with respect to Section 58-22-501 or 58-22-502.5 , as evidenced by an uncontested
2385 citation, a stipulated settlement, or by a finding of violation in an adjudicative proceeding, may
2386 be assessed a fine pursuant to this Subsection (1) and may, in addition to or in lieu of, be
2387 ordered to cease and desist from violating Section 58-1-501, 58-22-501, or 58-22-502.5, or
2388 any rule or order issued with respect to this section.
2389 (ii) Except for a cease and desist order, the licensure sanctions cited in Section
2390 58-22-401 may not be assessed through a citation.
2391 (b) A citation shall:
2392 (i) be in writing;
2393 (ii) describe with particularity the nature of the violation, including a reference to the
2394 provision of the chapter, rule, or order alleged to have been violated;
2395 (iii) clearly state that the recipient must notify the division in writing within 20
2396 calendar days of service of the citation if the recipient wishes to contest the citation at a hearing
2397 conducted under Title 63G, Chapter 4, Administrative Procedures Act; and
2398 (iv) clearly explain the consequences of failure to timely contest the citation or to make
2399 payment of any fines assessed by the citation within the time specified in the citation.
2400 (c) The division may issue a notice in lieu of a citation.
2401 (d) Each citation issued under this section, or a copy of each citation, may be served
2402 upon a person upon whom a summons may be served in accordance with the Utah Rules of
2403 Civil Procedure and may be made personally or upon the person's agent by a division
2404 investigator or by any person specially designated by the director or by mail.
2405 (e) If within 20 calendar days from the service of the citation, the person to whom the
2406 citation was issued fails to request a hearing to contest the citation, the citation becomes the
2407 final order of the division and is not subject to further agency review. The period to contest a
2408 citation may be extended by the division for cause.
2409 (f) The division may refuse to issue or renew, suspend, revoke, or place on probation
2410 the license of a licensee who fails to comply with a citation after it becomes final.
2411 (g) The failure of an applicant for licensure to comply with a citation after it becomes
2412 final is a ground for denial of license.
2413 (h) No citation may be issued under this section after the expiration of [
2414
2415 that is the subject of the citation is reported to the division.
2416 (i) The director or the director's designee shall assess fines according to the following:
2417 (i) for a first offense handled pursuant to Subsection (1)(a), a fine of up to $1,000;
2418 (ii) for a second offense handled pursuant to Subsection (1)(a), a fine of up to $2,000;
2419 and
2420 (iii) for any subsequent offense handled pursuant to Subsection (1)(a), a fine of up to
2421 $2,000 for each day of continued offense.
2422 (2) An action initiated for a first or second offense which has not yet resulted in a final
2423 order of the division shall not preclude initiation of any subsequent action for a second or
2424 subsequent offense during the pendency of any preceding action. The final order on a
2425 subsequent action shall be considered a second or subsequent offense, respectively, provided
2426 the preceding action resulted in a first or second offense, respectively.
2427 (3) (a) The director may collect a penalty that is not paid by:
2428 (i) referring the matter to a collection agency; or
2429 (ii) bringing an action in the district court of the county where the person against whom
2430 the penalty is imposed resides or in the county where the office of the director is located.
2431 (b) A county attorney or the attorney general of the state shall provide legal assistance
2432 and advice to the director in an action to collect a penalty.
2433 (c) A court shall award reasonable attorney fees and costs to the prevailing party in an
2434 action brought by the division to collect a penalty.
2435 Section 39. Section 58-24b-302 is amended to read:
2436 58-24b-302. Licensure.
2437 (1) An applicant for a license as a physical therapist shall:
2438 [
2439 [
2440 [
2441 program that is accredited by a recognized accreditation agency;
2442 [
2443 (i) after complying with Subsection [
2444 (ii) if the applicant is in the final term of a professional physical therapist education
2445 program that is accredited by a recognized accreditation agency;
2446 [
2447 language and demonstrate proficiency to the satisfaction of the board if requested by the board;
2448 [
2449
2450 (e) consent to a criminal background check in accordance with Section 58-24b-302.1
2451 and any requirements established by rule made in accordance with Title 63G, Chapter 3, Utah
2452 Administrative Rulemaking Act; and
2453 [
2454 accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
2455 (2) An applicant for a license as a physical therapist assistant shall:
2456 [
2457 [
2458 division, in accordance with Section 63J-1-504, to recover the costs of administering the
2459 licensing requirements relating to physical therapist assistants;
2460 [
2461 program that is accredited by a recognized accreditation agency;
2462 [
2463 with the board and in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking
2464 Act:
2465 (i) after the applicant complies with Subsection [
2466 (ii) if the applicant is in the final term of a physical therapist assistant education
2467 program that is accredited by a recognized accreditation agency;
2468 [
2469 language and demonstrate proficiency to the satisfaction of the board if requested by the board;
2470 [
2471 58-24b-302.1 and standards established by rule made in accordance with Title 63G, Chapter 3,
2472 Utah Administrative Rulemaking Act; and
2473 [
2474 accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
2475 (3) An applicant for a license as a physical therapist who is educated outside of the
2476 United States shall:
2477 [
2478 [
2479 [
2480 professional physical therapist education program that is accredited by a recognized
2481 accreditation agency; or
2482 (ii) (A) provide satisfactory evidence that the applicant graduated from a physical
2483 therapist education program that prepares the applicant to engage in the practice of physical
2484 therapy, without restriction;
2485 (B) provide satisfactory evidence that the education program described in Subsection
2486 [
2487 a physical therapist education program in the country where the program is located; and
2488 (C) pass a credential evaluation to ensure that the applicant has satisfied uniform
2489 educational requirements;
2490 [
2491 [
2492 language and demonstrate proficiency to the satisfaction of the board if requested by the board;
2493 [
2494
2495 (e) consent to a criminal background check in accordance with Section 58-24b-302.1
2496 and any requirements established by rule made in accordance with Title 63G, Chapter 3, Utah
2497 Administrative Rulemaking Act; and
2498 [
2499 accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
2500 (4) The division shall issue a license to a person who holds a current unrestricted
2501 license to practice physical therapy in a state, district, or territory of the United States of
2502 America, other than Utah, if the person:
2503 [
2504 [
2505 [
2506 language and demonstrate proficiency to the satisfaction of the board if requested by the board;
2507 [
2508
2509 (c) consents to a criminal background check in accordance with Section 58-24b-302.1
2510 and any requirements established by rule made in accordance with Title 63G, Chapter 3, Utah
2511 Administrative Rulemaking Act; and
2512 [
2513 accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
2514 (5) (a) Notwithstanding Subsection 58-1-307(1)(c), an individual may not engage in an
2515 internship in physical therapy, unless the person is:
2516 (i) certified by the division; or
2517 (ii) exempt from licensure under Section 58-24b-304.
2518 (b) The provisions of Subsection (5)(a) apply, regardless of whether the individual is
2519 participating in the supervised clinical training program for the purpose of becoming a physical
2520 therapist or a physical therapist assistant.
2521 Section 40. Section 58-26a-302 is amended to read:
2522 58-26a-302. Qualifications for licensure and registration -- Licensure by
2523 endorsement.
2524 (1) Each applicant for licensure under this chapter as a certified public accountant
2525 shall:
2526 (a) submit an application in a form prescribed by the division;
2527 (b) pay a fee determined by the department under Section 63J-1-504;
2528 [
2529 [
2530 to the board showing:
2531 (i) successful completion of a total of 150 semester hours or 225 quarter hours of
2532 collegiate level education with a concentration in accounting, auditing, and business;
2533 (ii) a baccalaureate degree or its equivalent at a college or university approved by the
2534 board; and
2535 (iii) compliance with any other education requirements established by rule by the
2536 division in collaboration with the board in accordance with Title 63G, Chapter 3, Utah
2537 Administrative Rulemaking Act;
2538 [
2539 the division;
2540 [
2541 in accordance with Section 58-26a-306; and
2542 [
2543 the applicant's competence and qualifications for licensure.
2544 (2) (a) The division may issue a license under this chapter to a person who holds a
2545 license as a certified public accountant issued by any other state of the United States of
2546 America if the applicant for licensure by endorsement:
2547 (i) submits an application in a form prescribed by the division;
2548 (ii) pays a fee determined by the department under Section 63J-1-504;
2549 [
2550 [
2551 examining the applicant's competence and qualifications for licensure; and
2552 [
2553 (II) (Aa) meets the requirements for licensure which were applicable in this state at the
2554 time of the issuance of the applicant's license by the state from which the original licensure by
2555 satisfactorily passing the AICPA Uniform CPA Examination was issued; or
2556 (Bb) had four years of professional experience after passing the AICPA Uniform CPA
2557 Examination upon which the original license was based, within the 10 years immediately
2558 preceding the application for licensure by endorsement; or
2559 (B) shows evidence that the applicant's education, examination record, and experience
2560 are substantially equivalent to the requirements of Subsection (1), as provided by rule.
2561 (b) This Subsection (2) applies only to a person seeking to obtain a license issued by
2562 this state and does not apply to a person practicing as a certified public accountant in the state
2563 under Subsection 58-26a-305(1).
2564 (3) (a) Each applicant for registration as a Certified Public Accountant firm shall:
2565 (i) submit an application in a form prescribed by the division;
2566 (ii) pay a fee determined by the department under Section 63J-1-504;
2567 (iii) have, notwithstanding any other provision of law, a simple majority of the
2568 ownership of the Certified Public Accountant firm, in terms of financial interests and voting
2569 rights of all partners, officers, shareholders, members, or managers, held by individuals who
2570 are certified public accountants, licensed under this chapter or another state of the United States
2571 of America, and the partners, officers, shareholders, members, or managers, whose principal
2572 place of business is in this state, and who perform professional services in this state hold a
2573 valid license issued under Subsection 58-26a-301(2) or the corresponding provisions of prior
2574 law; and
2575 (iv) meet any other requirements established by rule by the division in collaboration
2576 with the board in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
2577 (b) Each separate location of a qualified business entity within the state seeking
2578 registration as a Certified Public Accountant firm shall register separately.
2579 (c) A Certified Public Accountant firm may include owners who are not licensed under
2580 this chapter as outlined in Subsection (3)(a)(iii), provided that:
2581 (i) the firm designates a licensee of this state who is responsible for the proper
2582 registration of the Certified Public Accountant firm and identifies that individual to the
2583 division; and
2584 (ii) all nonlicensed owners are active individual participants in the CPA firm.
2585 Section 41. Section 58-26a-305 is amended to read:
2586 58-26a-305. Exemptions from licensure.
2587 (1) In addition to the exemptions from licensure in Section 58-1-307, the following
2588 may engage in acts included within the definition of the practice of public accountancy, subject
2589 to the stated circumstances and limitations, without being licensed under this chapter:
2590 (a) a person licensed by any other state, district, or territory of the United States as a
2591 certified public accountant or its equivalent under any other title while practicing in this state
2592 if:
2593 (i) the person's principal place of business is not in this state; and
2594 (A) the person's license as a certified public accountant is from any state which the
2595 National Association of State Boards of Accountancy (NASBA) National Qualification
2596 Appraisal Service has verified to be substantially equivalent to the CPA licensure requirements
2597 of the Uniform Accountancy Act; or
2598 (B) the person's license as a certified public accountant is from a state which the
2599 NASBA National Qualification Appraisal Service has not verified to be substantially
2600 equivalent to the CPA licensure requirements of the Uniform Accountancy Act and the person
2601 obtains from the NASBA National Qualification Appraisal Service verification that the
2602 person's CPA qualifications are substantially equivalent to the CPA licensure requirements of
2603 the Uniform Accountancy Act and Subsection [
2604 (ii) the person consents, as a condition of the grant of this privilege:
2605 (A) to personal and subject matter jurisdiction and disciplinary authority of the
2606 division;
2607 (B) to comply with this chapter and the rules made under this chapter;
2608 (C) that in the event the license from the state of the person's principal place of
2609 business becomes invalid, the person shall cease offering or rendering professional services in
2610 this state both individually and on behalf of the firm; and
2611 (D) to the appointment of the state board which issued the person's license as the
2612 person's agent upon whom process may be served in an action or proceeding brought by the
2613 division against the licensee;
2614 (b) through December 31, 2012, a person licensed by any other state, district, or
2615 territory of the United States as a certified public accountant or its equivalent under another
2616 title while practicing in this state if:
2617 (i) the person does not qualify for a practice privilege under Subsection (1)(a);
2618 (ii) the practice is incidental to the person's regular practice outside of this state; and
2619 (iii) the person's temporary practice within the state is in conformity with this chapter
2620 and the rules established under this chapter;
2621 (c) an officer, member, partner, or employee of any entity or organization who signs
2622 any statement or report in reference to the financial affairs of the entity or organization with a
2623 designation of that person's position within the entity or organization;
2624 (d) a public official or employee while performing his official duties;
2625 (e) a person using accounting or auditing skills, including the preparation of tax
2626 returns, management advisory services, and the preparation of financial statements without the
2627 issuance of reports; or
2628 (f) an employee of a CPA firm registered under this chapter or an assistant to a person
2629 licensed under this chapter, working under the supervision of a licensee, if:
2630 (i) neither the employee or assistant nor the licensed employer or registered CPA firm
2631 represents that the unlicensed person is a certified public accountant; and
2632 (ii) no accounting or financial statements are issued over the unlicensed person's name.
2633 (2) (a) Notwithstanding any other provision of law, a person who qualifies under
2634 Subsection (1)(a) has all the privileges of a licensee of this state and may engage in acts
2635 included within the definition of the practice of public accountancy, whether in person or by
2636 mail, telephone, or electronic means, based on a practice privilege in this state, and no notice,
2637 fee, or other submission shall be provided by that person.
2638 (b) The division may revoke, suspend, or restrict an exemption granted under
2639 Subsection (1)(a) or (b), or place on probation or issue a public or private reprimand to a
2640 person exempted under those subsections for the reasons set forth in Subsection 58-1-401(2).
2641 Section 42. Section 58-26a-306 is amended to read:
2642 58-26a-306. Examination requirements.
2643 (1) Before taking the qualifying examinations, an applicant shall:
2644 (a) submit an application in a form approved by the division;
2645 (b) pay a fee determined by the department under Section 63J-1-504;
2646 (c) demonstrate completion of at least 120 semester hours or 180 quarter hours of the
2647 education requirement described in Subsection [
2648 (d) be approved by the board, or an organization designated by the board, to take the
2649 qualifying examinations.
2650 (2) A person must sit for and meet the conditioning requirements of the AICPA
2651 Uniform CPA Examination as established by the AICPA.
2652 Section 43. Section 58-28-301 is amended to read:
2653 58-28-301. Licensure required.
2654 (1) (a) A license is required to engage in the practice of veterinary medicine, except as
2655 specifically provided in Sections 58-1-307 and 58-28-307.
2656 (b) Notwithstanding the provisions of Subsection 58-1-307(1)(c) an individual shall be
2657 licensed under this chapter as a veterinary intern in order to engage in a program of indirectly
2658 supervised clinical training with a veterinarian licensed under this chapter, and as necessary to
2659 meet licensing requirements under Subsection [
2660 (2) The division shall issue to a person who qualifies under this chapter a license in the
2661 classification of:
2662 (a) veterinarian; or
2663 (b) veterinarian intern.
2664 Section 44. Section 58-28-302 is amended to read:
2665 58-28-302. License qualifications.
2666 (1) Every applicant for a license to practice veterinary medicine, surgery, and dentistry
2667 shall:
2668 [
2669
2670 [
2671 science of veterinary medicine, surgery, dentistry, and other subjects determined by the board,
2672 knowledge of which is generally required of veterinarians;
2673 [
2674 (ii) obtain a certificate issued by the Educational Commission for Foreign Veterinary
2675 Graduates issued by the AVMA;
2676 [
2677 in this state for a period of at least six months;
2678 (ii) have participated in veterinary investigational, educational, or sanitary control work
2679 of a nature and duration as to be the equivalent of the experience of Subsection [
2680 (1)(c)(i);
2681 (iii) have practiced as a licensed veterinarian outside Utah for a period of at least six
2682 months; or
2683 (iv) have practiced as a veterinarian while employed by the United States government,
2684 its agencies, or the state or its political subdivisions for a period of at least six months; and
2685 [
2686 accordance with Section 63J-1-504 for the examination, for an initial license, and for a renewal
2687 license.
2688 (2) (a) An applicant for licensure as a veterinary intern shall comply with the
2689 provisions of [
2690 (b) An applicant's license as a veterinary intern is limited to the period of time
2691 necessary to complete clinical training as described in Subsection [
2692 not more than one year from the date the minimum requirement for training is completed,
2693 unless the individual presents satisfactory evidence to the division and the board that the
2694 individual is making reasonable progress toward passing the qualifying examination or is
2695 otherwise on a course reasonably expected to lead to licensure as a veterinarian, but the period
2696 of time under this Subsection (2)(b) may not exceed two years past the date the minimum
2697 supervised clinical training has been completed.
2698 Section 45. Section 58-28-304 is amended to read:
2699 58-28-304. Temporary license -- License reciprocity.
2700 (1) The division may issue a temporary license to practice veterinary medicine, surgery,
2701 and dentistry to any person not qualified for licensure under Subsection (4) who meets all
2702 requirements of Section 58-28-302 with the exception of Subsections [
2703 58-28-302(1)(a) and (c), except that the temporary license shall by its terms expire at the date
2704 examination results are available for the examination next following the date of the issuance of
2705 the temporary license.
2706 (2) The temporary license shall permit the holder to practice under the indirect
2707 supervision of a veterinarian licensed to practice in this state.
2708 (3) The division may extend the expiration date of the temporary license until the
2709 following examination date if:
2710 (a) the applicant shows to the board good cause for failing to take or pass the
2711 examination; and
2712 (b) the majority of the board members recommend the extension.
2713 (4) Upon the recommendation of the board, the division may issue a license without
2714 examination to a person who:
2715 (a) has been licensed or registered to practice veterinary medicine, surgery, and
2716 dentistry in any state, district, or territory of the United States or in any foreign country, whose
2717 educational, examination, and experience requirements are or were at the time the license was
2718 issued equal to those of this state;
2719 (b) has engaged in the practice of veterinary medicine, dentistry, and surgery while
2720 licensed by another jurisdiction for at least two years;
2721 (c) obtained the license in another jurisdiction after passing an examination component
2722 acceptable to the division and the board;
2723 (d) produces satisfactory evidence of having practiced veterinary medicine competently
2724 and in accordance with the standards and ethics of the profession while practicing in another
2725 jurisdiction; and
2726 (e) produces satisfactory evidence of identity and good moral character as it relates to
2727 the applicant's functions and practice as a licensed veterinarian.
2728 Section 46. Section 58-31b-503 is amended to read:
2729 58-31b-503. Penalties and administrative actions for unlawful conduct and
2730 unprofessional conduct.
2731 (1) Any person who violates the unlawful conduct provision specifically defined in
2732 Subsection 58-1-501(1)(a) is guilty of a third degree felony.
2733 (2) Any person who violates any of the unlawful conduct provisions specifically
2734 defined in Subsections 58-1-501(1)(b) through (f) and 58-31b-501(1)(d) is guilty of a class A
2735 misdemeanor.
2736 (3) Any person who violates any of the unlawful conduct provisions specifically
2737 defined in this chapter and not set forth in Subsection (1) or (2) is guilty of a class B
2738 misdemeanor.
2739 (4) (a) Subject to Subsection (6) and in accordance with Section 58-31b-401, for acts
2740 of unprofessional or unlawful conduct, the division may:
2741 (i) assess administrative penalties; and
2742 (ii) take any other appropriate administrative action.
2743 (b) An administrative penalty imposed pursuant to this section shall be deposited in the
2744 "Nurse Education and Enforcement Account" as provided in Section 58-31b-103.
2745 (5) If a licensee has been convicted of violating Section 58-31b-501 prior to an
2746 administrative finding of a violation of the same section, the licensee may not be assessed an
2747 administrative fine under this chapter for the same offense for which the conviction was
2748 obtained.
2749 (6) (a) If upon inspection or investigation, the division concludes that a person has
2750 violated the provisions of Section 58-31b-401, 58-31b-501, or 58-31b-502, Chapter 1, Division
2751 of Occupational and Professional Licensing Act, Chapter 37, Utah Controlled Substances Act,
2752 or any rule or order issued with respect to these provisions, and that disciplinary action is
2753 appropriate, the director or the director's designee from within the division shall:
2754 (i) promptly issue a citation to the person according to this chapter and any pertinent
2755 administrative rules;
2756 (ii) attempt to negotiate a stipulated settlement; or
2757 (iii) notify the person to appear before an adjudicative proceeding conducted under
2758 Title 63G, Chapter 4, Administrative Procedures Act.
2759 (b) Any person who is in violation of a provision described in Subsection (6)(a), as
2760 evidenced by an uncontested citation, a stipulated settlement, or a finding of violation in an
2761 adjudicative proceeding may be assessed a fine:
2762 (i) pursuant to this Subsection (6) of up to $10,000 per single violation or up to $2,000
2763 per day of ongoing violation, whichever is greater, in accordance with a fine schedule
2764 established by rule; and
2765 (ii) in addition to or in lieu of the fine imposed under Subsection (6)(b)(i), be ordered
2766 to cease and desist from violating a provision of Sections 58-31b-501 and 58-31b-502, Chapter
2767 1, Division of Occupational and Professional Licensing Act, Chapter 37, Utah Controlled
2768 Substances Act, or any rule or order issued with respect to those provisions.
2769 (c) Except for an administrative fine and a cease and desist order, the licensure
2770 sanctions cited in Section 58-31b-401 may not be assessed through a citation.
2771 (d) Each citation issued under this section shall:
2772 (i) be in writing; and
2773 (ii) clearly describe or explain:
2774 (A) the nature of the violation, including a reference to the provision of the chapter,
2775 rule, or order alleged to have been violated;
2776 (B) that the recipient must notify the division in writing within 20 calendar days of
2777 service of the citation in order to contest the citation at a hearing conducted under Title 63G,
2778 Chapter 4, Administrative Procedures Act; and
2779 (C) the consequences of failure to timely contest the citation or to make payment of
2780 any fines assessed by the citation within the time specified in the citation; and
2781 (iii) be served upon any person upon whom a summons may be served:
2782 (A) in accordance with the Utah Rules of Civil Procedure;
2783 (B) personally or upon the person's agent by a division investigator or by any person
2784 specially designated by the director; or
2785 (C) by mail.
2786 (e) If within 20 calendar days from the service of a citation, the person to whom the
2787 citation was issued fails to request a hearing to contest the citation, the citation becomes the
2788 final order of the division and is not subject to further agency review. The period to contest the
2789 citation may be extended by the division for cause.
2790 (f) The division may refuse to issue or renew, suspend, revoke, or place on probation
2791 the license of a licensee who fails to comply with the citation after it becomes final.
2792 (g) The failure of an applicant for licensure to comply with a citation after it becomes
2793 final is a ground for denial of license.
2794 (h) No citation may be issued under this section after the expiration of [
2795
2796 that is the subject of the citation is reported to the division.
2797 (7) (a) The director may collect a penalty that is not paid by:
2798 (i) referring the matter to a collection agency; or
2799 (ii) bringing an action in the district court of the county where the person against whom
2800 the penalty is imposed resides or in the county where the office of the director is located.
2801 (b) A county attorney or the attorney general of the state shall provide legal assistance
2802 and advice to the director in an action to collect a penalty.
2803 (c) A court shall award reasonable attorney fees and costs to the prevailing party in an
2804 action brought by the division to collect a penalty.
2805 Section 47. Section 58-31b-803 is amended to read:
2806 58-31b-803. Limitations on prescriptive authority for advanced practice
2807 registered nurses.
2808 (1) This section does not apply to an advanced practice registered nurse specializing as
2809 a certified registered nurse anesthetist under Subsection 58-31b-102(14)(d).
2810 (2) Except as provided in Subsections (3) and [
2811 advanced practice registered nurse may prescribe or administer a Schedule II controlled
2812 substance without a consultation and referral plan.
2813 (3) An advanced practice registered nurse described in Subsection (4) may not
2814 prescribe or administer a Schedule II controlled substance unless the advanced practice
2815 registered nurse prescribes or administers Schedule II controlled substances in accordance with
2816 a consultation and referral plan.
2817 (4) Subsection (3) applies to an advanced practice registered nurse who:
2818 (a) (i) is engaged in independent solo practice; and
2819 (ii) (A) has been licensed as an advanced practice registered nurse for less than one
2820 year; or
2821 (B) has less than 2,000 hours of experience practicing as a licensed advanced practice
2822 registered nurse; or
2823 (b) owns or operates a pain clinic.
2824 (5) Notwithstanding Subsection 58-31b-102(5), an advanced practice registered nurse
2825 with at least three years of experience as a licensed advanced practice registered nurse may
2826 supervise a consultation and referral plan for an advanced practice registered nurse described in
2827 Subsection (4)(a).
2828 Section 48. Section 58-37f-203 is amended to read:
2829 58-37f-203. Submission, collection, and maintenance of data.
2830 (1) (a) The division shall implement on a statewide basis, including non-resident
2831 pharmacies as defined in Section 58-17b-102, the following two options for a pharmacist to
2832 submit information:
2833 (i) real-time submission of the information required to be submitted under this part to
2834 the controlled substance database; and
2835 (ii) 24-hour daily or next business day, whichever is later, batch submission of the
2836 information required to be submitted under this part to the controlled substance database.
2837 (b) [
2838 [
2839 Subsection (1)(a)(i); or
2840 [
2841 Subsection (1)(a)(ii).
2842 [
2843
2844 (c) The division shall comply with Title 63G, Chapter 6a, Utah Procurement Code.
2845 (2) (a) The pharmacist-in-charge and the pharmacist of the drug outlet where a
2846 controlled substance is dispensed shall submit the data described in this section to the division
2847 in accordance with:
2848 (i) the requirements of this section;
2849 (ii) the procedures established by the division;
2850 (iii) additional types of information or data fields established by the division; and
2851 (iv) the format established by the division.
2852 (b) A dispensing medical practitioner licensed under Chapter 17b, Part 8, Dispensing
2853 Medical Practitioner and Dispensing Medical Practitioner Clinic Pharmacy, shall comply with
2854 the provisions of this section and the dispensing medical practitioner shall assume the duties of
2855 the pharmacist under this chapter.
2856 (3) (a) The pharmacist-in-charge and the pharmacist described in Subsection (2)[
2857 shall, for each controlled substance dispensed by a pharmacist under the pharmacist's
2858 supervision other than those dispensed for an inpatient at a health care facility, submit to the
2859 division any type of information or data field established by the division by rule in accordance
2860 with Subsection (6) regarding:
2861 (i) each controlled substance that is dispensed by the pharmacist or under the
2862 pharmacist's supervision; and
2863 (ii) each noncontrolled substance that is:
2864 (A) designated by the division under Subsection (8)(a); and
2865 (B) dispensed by the pharmacist or under the pharmacist's supervision.
2866 (b) Subsection (3)(a) does not apply to a drug that is dispensed for an inpatient at a
2867 health care facility.
2868 (4) An individual whose records are in the database may obtain those records upon
2869 submission of a written request to the division.
2870 (5) (a) A patient whose record is in the database may contact the division in writing to
2871 request correction of any of the patient's database information that is incorrect. [
2872
2873 (b) The division shall grant or deny the request within 30 days from receipt of the
2874 request and shall advise the requesting patient of its decision [
2875 days of receipt of the request.
2876 (c) If the division denies a request under this Subsection (5) or does not respond within
2877 35 days, the patient may submit an appeal to the Department of Commerce, within 60 days
2878 after the [
2879 correction under this Subsection (5).
2880 (6) The division shall make rules, in accordance with Title 63G, Chapter 3, Utah
2881 Administrative Rulemaking Act, to establish submission requirements under this part,
2882 including:
2883 (a) electronic format;
2884 (b) submission procedures; and
2885 (c) required information and data fields.
2886 (7) The division shall ensure that the database system records and maintains for
2887 reference:
2888 (a) the identification of each individual who requests or receives information from the
2889 database;
2890 (b) the information provided to each individual; and
2891 (c) the date and time that the information is requested or provided.
2892 (8) (a) The division, in collaboration with the Utah Controlled Substance Advisory
2893 Committee created in Section 58-38a-201, shall designate a list of noncontrolled substances
2894 described in Subsection (8)(b) by rule made in accordance with Title 63G, Chapter 3, Utah
2895 Administrative Rulemaking Act.
2896 (b) To determine whether a prescription drug should be designated in the schedules of
2897 controlled substances under this chapter, the division may collect information about a
2898 prescription drug as defined in Section 58-17b-102 that is not designated in the schedules of
2899 controlled substances under this chapter.
2900 Section 49. Section 58-37f-301 is amended to read:
2901 58-37f-301. Access to database.
2902 (1) The division shall make rules, in accordance with Title 63G, Chapter 3, Utah
2903 Administrative Rulemaking Act, to:
2904 (a) effectively enforce the limitations on access to the database as described in this
2905 part; and
2906 (b) establish standards and procedures to ensure accurate identification of individuals
2907 requesting information or receiving information without request from the database.
2908 (2) The division shall make information in the database and information obtained from
2909 other state or federal prescription monitoring programs by means of the database available only
2910 to the following individuals, in accordance with the requirements of this chapter and division
2911 rules:
2912 (a) (i) personnel of the division specifically assigned to conduct investigations related
2913 to controlled substance laws under the jurisdiction of the division; and
2914 (ii) the following law enforcement officers, but the division may only provide
2915 nonidentifying information, limited to gender, year of birth, and postal ZIP code, regarding
2916 individuals for whom a controlled substance has been prescribed or to whom a controlled
2917 substance has been dispensed:
2918 (A) a law enforcement agency officer who is engaged in a joint investigation with the
2919 division; and
2920 (B) a law enforcement agency officer to whom the division has referred a suspected
2921 criminal violation of controlled substance laws;
2922 (b) authorized division personnel engaged in analysis of controlled substance
2923 prescription information as a part of the assigned duties and responsibilities of their
2924 employment;
2925 (c) a board member if:
2926 (i) the board member is assigned to monitor a licensee on probation; and
2927 (ii) the board member is limited to obtaining information from the database regarding
2928 the specific licensee on probation;
2929 (d) a member of a diversion committee established in accordance with Subsection
2930 58-1-404(2) if:
2931 (i) the diversion committee member is limited to obtaining information from the
2932 database regarding the person whose conduct is the subject of the committee's consideration;
2933 and
2934 (ii) the conduct that is the subject of the committee's consideration includes a violation
2935 or a potential violation of Chapter 37, Utah Controlled Substances Act, or another relevant
2936 violation or potential violation under this title;
2937 (e) in accordance with a written agreement entered into with the department,
2938 employees of the Department of Health:
2939 (i) whom the director of the Department of Health assigns to conduct scientific studies
2940 regarding the use or abuse of controlled substances, if the identity of the individuals and
2941 pharmacies in the database are confidential and are not disclosed in any manner to any
2942 individual who is not directly involved in the scientific studies;
2943 (ii) when the information is requested by the Department of Health in relation to a
2944 person or provider whom the Department of Health suspects may be improperly obtaining or
2945 providing a controlled substance; or
2946 (iii) in the medical examiner's office;
2947 (f) in accordance with a written agreement entered into with the department, a designee
2948 of the director of the Department of Health, who is not an employee of the Department of
2949 Health, whom the director of the Department of Health assigns to conduct scientific studies
2950 regarding the use or abuse of controlled substances pursuant to an application process
2951 established in rule by the Department of Health, if:
2952 (i) the designee provides explicit information to the Department of Health regarding
2953 the purpose of the scientific studies;
2954 (ii) the scientific studies to be conducted by the designee:
2955 (A) fit within the responsibilities of the Department of Health for health and welfare;
2956 (B) are reviewed and approved by an Institutional Review Board that is approved for
2957 human subject research by the United States Department of Health and Human Services; and
2958 (C) are not conducted for profit or commercial gain; and
2959 (D) are conducted in a research facility, as defined by division rule, that is associated
2960 with a university or college accredited by one or more regional or national accrediting agencies
2961 recognized by the United States Department of Education;
2962 (iii) the designee protects the information as a business associate of the Department of
2963 Health; and
2964 (iv) the identity of the prescribers, patients, and pharmacies in the database are
2965 de-identified, confidential, not disclosed in any manner to the designee or to any individual
2966 who is not directly involved in the scientific studies;
2967 (g) in accordance with the written agreement entered into with the department and the
2968 Department of Health, authorized employees of a managed care organization, as defined in 42
2969 C.F.R. Sec. 438, if:
2970 (i) the managed care organization contracts with the Department of Health under the
2971 provisions of Section 26-18-405 and the contract includes provisions that:
2972 (A) require a managed care organization employee who will have access to information
2973 from the database to submit to a criminal background check; and
2974 (B) limit the authorized employee of the managed care organization to requesting
2975 either the division or the Department of Health to conduct a search of the database regarding a
2976 specific Medicaid enrollee and to report the results of the search to the authorized employee;
2977 and
2978 (ii) the information is requested by an authorized employee of the managed care
2979 organization in relation to a person who is enrolled in the Medicaid program with the managed
2980 care organization, and the managed care organization suspects the person may be improperly
2981 obtaining or providing a controlled substance;
2982 (h) a licensed practitioner having authority to prescribe controlled substances, to the
2983 extent the information:
2984 (i) (A) relates specifically to a current or prospective patient of the practitioner; and
2985 (B) is provided to or sought by the practitioner for the purpose of:
2986 (I) prescribing or considering prescribing any controlled substance to the current or
2987 prospective patient;
2988 (II) diagnosing the current or prospective patient;
2989 (III) providing medical treatment or medical advice to the current or prospective
2990 patient; or
2991 (IV) determining whether the current or prospective patient:
2992 (Aa) is attempting to fraudulently obtain a controlled substance from the practitioner;
2993 or
2994 (Bb) has fraudulently obtained, or attempted to fraudulently obtain, a controlled
2995 substance from the practitioner;
2996 (ii) (A) relates specifically to a former patient of the practitioner; and
2997 (B) is provided to or sought by the practitioner for the purpose of determining whether
2998 the former patient has fraudulently obtained, or has attempted to fraudulently obtain, a
2999 controlled substance from the practitioner;
3000 (iii) relates specifically to an individual who has access to the practitioner's Drug
3001 Enforcement Administration identification number, and the practitioner suspects that the
3002 individual may have used the practitioner's Drug Enforcement Administration identification
3003 number to fraudulently acquire or prescribe a controlled substance;
3004 (iv) relates to the practitioner's own prescribing practices, except when specifically
3005 prohibited by the division by administrative rule;
3006 (v) relates to the use of the controlled substance database by an employee of the
3007 practitioner, described in Subsection (2)(i); or
3008 (vi) relates to any use of the practitioner's Drug Enforcement Administration
3009 identification number to obtain, attempt to obtain, prescribe, or attempt to prescribe, a
3010 controlled substance;
3011 (i) in accordance with Subsection (3)(a), an employee of a practitioner described in
3012 Subsection (2)(h), for a purpose described in Subsection (2)(h)(i) or (ii), if:
3013 (i) the employee is designated by the practitioner as an individual authorized to access
3014 the information on behalf of the practitioner;
3015 (ii) the practitioner provides written notice to the division of the identity of the
3016 employee; and
3017 (iii) the division:
3018 (A) grants the employee access to the database; and
3019 (B) provides the employee with a password that is unique to that employee to access
3020 the database in order to permit the division to comply with the requirements of Subsection
3021 58-37f-203(5) with respect to the employee;
3022 (j) an employee of the same business that employs a licensed practitioner under
3023 Subsection (2)(h) if:
3024 (i) the employee is designated by the practitioner as an individual authorized to access
3025 the information on behalf of the practitioner;
3026 (ii) the practitioner and the employing business provide written notice to the division of
3027 the identity of the designated employee; and
3028 (iii) the division:
3029 (A) grants the employee access to the database; and
3030 (B) provides the employee with a password that is unique to that employee to access
3031 the database in order to permit the division to comply with the requirements of Subsection
3032 58-37f-203(5) with respect to the employee;
3033 (k) a licensed pharmacist having authority to dispense a controlled substance to the
3034 extent the information is provided or sought for the purpose of:
3035 (i) dispensing or considering dispensing any controlled substance; or
3036 (ii) determining whether a person:
3037 (A) is attempting to fraudulently obtain a controlled substance from the pharmacist; or
3038 (B) has fraudulently obtained, or attempted to fraudulently obtain, a controlled
3039 substance from the pharmacist;
3040 (l) in accordance with Subsection (3)(a), a licensed pharmacy technician and pharmacy
3041 intern who is an employee of a pharmacy as defined in Section 58-17b-102, for the purposes
3042 described in Subsection [
3043 (i) the employee is designated by the pharmacist-in-charge as an individual authorized
3044 to access the information on behalf of a licensed pharmacist employed by the pharmacy;
3045 (ii) the pharmacist-in-charge provides written notice to the division of the identity of
3046 the employee; and
3047 (iii) the division:
3048 (A) grants the employee access to the database; and
3049 (B) provides the employee with a password that is unique to that employee to access
3050 the database in order to permit the division to comply with the requirements of Subsection
3051 58-37f-203(5) with respect to the employee;
3052 (m) pursuant to a valid search warrant, federal, state, and local law enforcement
3053 officers and state and local prosecutors who are engaged in an investigation related to:
3054 (i) one or more controlled substances; and
3055 (ii) a specific person who is a subject of the investigation;
3056 (n) subject to Subsection (7), a probation or parole officer, employed by the
3057 Department of Corrections or by a political subdivision, to gain access to database information
3058 necessary for the officer's supervision of a specific probationer or parolee who is under the
3059 officer's direct supervision;
3060 (o) employees of the Office of Internal Audit and Program Integrity within the
3061 Department of Health who are engaged in their specified duty of ensuring Medicaid program
3062 integrity under Section 26-18-2.3;
3063 (p) a mental health therapist, if:
3064 (i) the information relates to a patient who is:
3065 (A) enrolled in a licensed substance abuse treatment program; and
3066 (B) receiving treatment from, or under the direction of, the mental health therapist as
3067 part of the patient's participation in the licensed substance abuse treatment program described
3068 in Subsection (2)(p)(i)(A);
3069 (ii) the information is sought for the purpose of determining whether the patient is
3070 using a controlled substance while the patient is enrolled in the licensed substance abuse
3071 treatment program described in Subsection (2)(p)(i)(A); and
3072 (iii) the licensed substance abuse treatment program described in Subsection
3073 (2)(p)(i)(A) is associated with a practitioner who:
3074 (A) is a physician, a physician assistant, an advance practice registered nurse, or a
3075 pharmacist; and
3076 (B) is available to consult with the mental health therapist regarding the information
3077 obtained by the mental health therapist, under this Subsection (2)(p), from the database;
3078 (q) an individual who is the recipient of a controlled substance prescription entered into
3079 the database, upon providing evidence satisfactory to the division that the individual requesting
3080 the information is in fact the individual about whom the data entry was made;
3081 (r) an individual under Subsection (2)(q) for the purpose of obtaining a list of the
3082 persons and entities that have requested or received any information from the database
3083 regarding the individual, except if the individual's record is subject to a pending or current
3084 investigation as authorized under this Subsection (2);
3085 (s) the inspector general, or a designee of the inspector general, of the Office of
3086 Inspector General of Medicaid Services, for the purpose of fulfilling the duties described in
3087 Title 63A, Chapter 13, Part 2, Office and Powers;
3088 (t) the following licensed physicians for the purpose of reviewing and offering an
3089 opinion on an individual's request for workers' compensation benefits under Title 34A, Chapter
3090 2, Workers' Compensation Act, or Title 34A, Chapter 3, Utah Occupational Disease Act:
3091 (i) a member of the medical panel described in Section 34A-2-601;
3092 (ii) a physician employed as medical director for a licensed workers' compensation
3093 insurer or an approved self-insured employer; or
3094 (iii) a physician offering a second opinion regarding treatment; and
3095 (u) members of Utah's Opioid Fatality Review Committee, for the purpose of
3096 reviewing a specific fatality due to opioid use and recommending policies to reduce the
3097 frequency of opioid use fatalities.
3098 (3) (a) (i) A practitioner described in Subsection (2)(h) may designate one or more
3099 employees to access information from the database under Subsection (2)(i), (2)(j), or (4)(c).
3100 (ii) A pharmacist described in Subsection (2)(k) who is a pharmacist-in-charge may
3101 designate up to five employees to access information from the database under Subsection (2)(l).
3102 (b) The division shall make rules, in accordance with Title 63G, Chapter 3, Utah
3103 Administrative Rulemaking Act, to:
3104 (i) establish background check procedures to determine whether an employee
3105 designated under Subsection (2)(i), (2)(j), or (4)(c) should be granted access to the database;
3106 and
3107 (ii) establish the information to be provided by an emergency department employee
3108 under Subsection (4); and
3109 (iii) facilitate providing controlled substance prescription information to a third party
3110 under Subsection (5).
3111 (c) The division shall grant an employee designated under Subsection (2)(i), (2)(j), or
3112 (4)(c) access to the database, unless the division determines, based on a background check, that
3113 the employee poses a security risk to the information contained in the database.
3114 (4) (a) An individual who is employed in the emergency department of a hospital may
3115 exercise access to the database under this Subsection (4) on behalf of a licensed practitioner if
3116 the individual is designated under Subsection (4)(c) and the licensed practitioner:
3117 (i) is employed in the emergency department;
3118 (ii) is treating an emergency department patient for an emergency medical condition;
3119 and
3120 (iii) requests that an individual employed in the emergency department and designated
3121 under Subsection (4)(c) obtain information regarding the patient from the database as needed in
3122 the course of treatment.
3123 (b) The emergency department employee obtaining information from the database
3124 shall, when gaining access to the database, provide to the database the name and any additional
3125 identifiers regarding the requesting practitioner as required by division administrative rule
3126 established under Subsection (3)(b).
3127 (c) An individual employed in the emergency department under this Subsection (4)
3128 may obtain information from the database as provided in Subsection (4)(a) if:
3129 (i) the employee is designated by the practitioner as an individual authorized to access
3130 the information on behalf of the practitioner;
3131 (ii) the practitioner and the hospital operating the emergency department provide
3132 written notice to the division of the identity of the designated employee; and
3133 (iii) the division:
3134 (A) grants the employee access to the database; and
3135 (B) provides the employee with a password that is unique to that employee to access
3136 the database in order to permit the division to comply with the requirements of Subsection
3137 58-37f-203(5) with respect to the employee.
3138 (d) The division may impose a fee, in accordance with Section 63J-1-504, on a
3139 practitioner who designates an employee under Subsection (2)(i), (2)(j), or (4)(c) to pay for the
3140 costs incurred by the division to conduct the background check and make the determination
3141 described in Subsection (3)(b).
3142 (5) (a) (i) An individual may request that the division provide the information under
3143 Subsection (5)(b) to a third party who is designated by the individual each time a controlled
3144 substance prescription for the individual is dispensed.
3145 (ii) The division shall upon receipt of the request under this Subsection (5)(a) advise
3146 the individual in writing that the individual may direct the division to discontinue providing the
3147 information to a third party and that notice of the individual's direction to discontinue will be
3148 provided to the third party.
3149 (b) The information the division shall provide under Subsection (5)(a) is:
3150 (i) the fact a controlled substance has been dispensed to the individual, but without
3151 identifying the controlled substance; and
3152 (ii) the date the controlled substance was dispensed.
3153 (c) (i) An individual who has made a request under Subsection (5)(a) may direct that
3154 the division discontinue providing information to the third party.
3155 (ii) The division shall:
3156 (A) notify the third party that the individual has directed the division to no longer
3157 provide information to the third party; and
3158 (B) discontinue providing information to the third party.
3159 (6) (a) An individual who is granted access to the database based on the fact that the
3160 individual is a licensed practitioner or a mental health therapist shall be denied access to the
3161 database when the individual is no longer licensed.
3162 (b) An individual who is granted access to the database based on the fact that the
3163 individual is a designated employee of a licensed practitioner shall be denied access to the
3164 database when the practitioner is no longer licensed.
3165 (7) A probation or parole officer is not required to obtain a search warrant to access the
3166 database in accordance with Subsection (2)(n).
3167 (8) The division shall review and adjust the database programming which
3168 automatically logs off an individual who is granted access to the database under Subsections
3169 (2)(h), (2)(i), (2)(j), and (4)(c) to maximize the following objectives:
3170 (a) to protect patient privacy;
3171 (b) to reduce inappropriate access; and
3172 (c) to make the database more useful and helpful to a person accessing the database
3173 under Subsections (2)(h), (2)(i), (2)(j), and (4)(c), especially in high usage locations such as an
3174 emergency department.
3175 Section 50. Section 58-37f-302 is amended to read:
3176 58-37f-302. Other restrictions on access to database.
3177 (1) A person who is a relative of a deceased individual is not entitled to access
3178 information from the database relating to the deceased individual based on the fact or claim
3179 that the person is:
3180 (a) related to the deceased individual; or
3181 (b) subrogated to the rights of the deceased individual.
3182 (2) Except as provided in [
3183 maintained in, or accessed from the database that may be identified to, or with, a particular
3184 person is not subject to discovery, subpoena, or similar compulsory process in any civil,
3185 judicial, administrative, or legislative proceeding, nor shall any individual or organization with
3186 lawful access to the data be compelled to testify with regard to the data.
3187 (3) The restrictions described in Subsection (2) do not apply to a civil, judicial, or
3188 administrative action brought to enforce the provisions of this chapter.
3189 (4) (a) Subject to the requirements of this Subsection (4), in a state criminal proceeding
3190 a court may:
3191 (i) order the release of information contained in the database if the court determines
3192 good cause has been shown in accordance with Rule 16, Utah Rules of Criminal Procedure;
3193 and
3194 (ii) at any time order that information released under this Subsection (4) be restricted,
3195 limited, or restrained from further dissemination as the court determines is appropriate.
3196 (b) Upon the motion of a defendant, a court may only issue an order compelling the
3197 production of database information under this Subsection (4) that pertains to a victim if the
3198 court finds upon notice as provided in Subsection (4)(c), and after a hearing, that the defendant
3199 is entitled to production of the information under applicable state and federal law.
3200 (c) A motion by a defendant for database information pertaining to a victim shall be
3201 served by the defendant on:
3202 (i) the prosecutor and on counsel for the victim or victim's representative; or
3203 (ii) the prosecutor if the victim is unrepresented by counsel.
3204 (d) Upon a defendant's motion for database information pertaining to a victim, if the
3205 court determines that good cause exists to order release of database information pertaining to
3206 the victim, the court shall conduct an in camera review of the database information and may
3207 only disclose to the defense and prosecution those portions of database information that are
3208 relevant to the state criminal proceeding.
3209 Section 51. Section 58-37f-303 is amended to read:
3210 58-37f-303. Access to opioid prescription information via an electronic data
3211 system.
3212 (1) As used in this section:
3213 (a) "Dispense" means the same as that term is defined in Section 58-17b-102.
3214 (b) "EDS user":
3215 (i) means:
3216 (A) a prescriber;
3217 (B) a pharmacist; or
3218 (C) an individual granted access to the database under Subsection 58-37f-301(3)(c);
3219 and
3220 (ii) does not mean an individual whose access to the database has been revoked by the
3221 division pursuant to Subsection 58-37f-301(5)[
3222 (c) "Electronic data system" means a software product or an electronic service used by:
3223 (i) a prescriber to manage electronic health records; or
3224 (ii) a pharmacist to manage the dispensing of prescription drugs.
3225 (d) "Opioid" means any substance listed in Subsection 58-37-4(2)(b)(i) or (2)(b)(ii).
3226 (e) "Pharmacist" means the same as that term is defined in Section 58-17b-102.
3227 (f) "Prescriber" means a practitioner, as that term is defined in Section 58-37-2, who is
3228 licensed under Section 58-37-6 to prescribe an opioid.
3229 (g) "Prescription drug" means the same as that term is defined in Section 58-17b-102.
3230 (2) Subject to Subsections (3) through (6), no later than January 1, 2017, the division
3231 shall make opioid prescription information in the database available to an EDS user via the
3232 user's electronic data system.
3233 (3) An electronic data system may be used to make opioid prescription information in
3234 the database available to an EDS user only if the electronic data system complies with rules
3235 established by the division under Subsection (4).
3236 (4) (a) The division shall make rules, in accordance with Title 63G, Chapter 3, Utah
3237 Administrative Rulemaking Act, specifying:
3238 (i) an electronic data system's:
3239 (A) allowable access to and use of opioid prescription information in the database; and
3240 (B) minimum actions that must be taken to ensure that opioid prescription information
3241 accessed from the database is protected from inappropriate disclosure or use; and
3242 (ii) an EDS user's:
3243 (A) allowable access to opioid prescription information in the database via an
3244 electronic data system; and
3245 (B) allowable use of the information.
3246 (b) The rules shall establish:
3247 (i) minimum user identification requirements that in substance are the same as the
3248 database identification requirements in Section 58-37f-301;
3249 (ii) user access restrictions that in substance are the same as the database identification
3250 requirements in Section 58-37f-301; and
3251 (iii) any other requirements necessary to ensure that in substance the provisions of
3252 Sections 58-37f-301 and 58-37f-302 apply to opioid prescription information in the database
3253 that has been made available to an EDS user via an electronic data system.
3254 (5) The division may not make opioid prescription information in the database
3255 available to an EDS user via the user's electronic data system if:
3256 (a) the electronic data system does not comply with the rules established by the
3257 division under Subsection (4); or
3258 (b) the EDS user does not comply with the rules established by the division under
3259 Subsection (4).
3260 (6) (a) The division shall periodically audit the use of opioid prescription information
3261 made available to an EDS user via the user's electronic data system.
3262 (b) The audit shall review compliance by:
3263 (i) the electronic data system with rules established by the division under Subsection
3264 (4); and
3265 (ii) the EDS user with rules established by the division under Subsection (4).
3266 (c) (i) If the division determines by audit or other means that an electronic data system
3267 is not in compliance with rules established by the division under Subsection (4), the division
3268 shall immediately suspend or revoke the electronic data system's access to opioid prescription
3269 information in the database.
3270 (ii) If the division determines by audit or other means that an EDS user is not in
3271 compliance with rules established by the division under Subsection (4), the division shall
3272 immediately suspend or revoke the EDS user's access to opioid prescription information in the
3273 database via an electronic data system.
3274 (iii) If the division suspends or revokes access to opioid prescription information in the
3275 database under Subsection (6)(c)(i) or (6)(c)(ii), the division shall also take any other
3276 appropriate corrective or disciplinary action authorized by this chapter or title.
3277 Section 52. Section 58-40-302 is amended to read:
3278 58-40-302. Qualifications for licensure.
3279 (1) An applicant for licensure under this chapter shall:
3280 (a) submit an application in a form prescribed by the division; and
3281 (b) pay a fee determined by the department under Section 63J-1-504[
3282 [
3283 (2) In addition to the requirements of Subsection (1), an applicant for licensure as a
3284 master therapeutic recreation specialist under this chapter shall as defined by division rule:
3285 (a) complete an approved graduate degree;
3286 (b) complete 4,000 qualifying hours of paid experience as:
3287 (i) a licensed therapeutic recreation specialist if completed in the state; or
3288 (ii) a certified therapeutic recreation specialist certified by the National Council for
3289 Therapeutic Recreation Certification if completed outside of the state; and
3290 (c) pass an approved examination.
3291 (3) In addition to the requirements of Subsection (1), an applicant for licensure as a
3292 therapeutic recreation specialist under this chapter shall, as defined by division rule:
3293 (a) complete an approved:
3294 (i) bachelor's degree in therapeutic recreation or recreational therapy;
3295 (ii) bachelor's degree with an approved emphasis, option, or concentration in
3296 therapeutic recreation or recreational therapy; or
3297 (iii) graduate degree;
3298 (b) complete an approved practicum; and
3299 (c) pass an approved examination.
3300 (4) In addition to the requirements of Subsection (1), an applicant for licensure as a
3301 therapeutic recreation technician under this chapter shall, as defined by division rule:
3302 (a) have a high school diploma or GED equivalent;
3303 (b) complete an approved:
3304 (i) educational course in therapeutic recreation taught by a licensed master therapeutic
3305 recreation specialist; or
3306 (ii) six semester hours or nine quarter hours in therapeutic recreation or recreational
3307 therapy from an accredited college or university;
3308 (c) complete an approved practicum under the supervision of:
3309 (i) a licensed master therapeutic recreation specialist; or
3310 (ii) an on-site, full-time, employed therapeutic recreation specialist;
3311 (d) pass an approved examination; and
3312 (e) complete a minimum of two hours of training in suicide prevention via a course that
3313 the division designates as approved.
3314 Section 53. Section 58-40-501 is amended to read:
3315 58-40-501. Unlawful conduct.
3316 "Unlawful conduct" includes:
3317 (1) providing, leading, facilitating, teaching, or offering to provide or teach recreational
3318 therapy services unless licensed under this chapter or exempted from licensure under Section
3319 58-1-307 or 58-40-305; and
3320 (2) using the initials MTRS, TRS, or TRT, or other abbreviation, term, title, or sign
3321 relating to the practice of recreational therapy services unless licensed under this chapter[
3322 [
3323
3324 [
3325 [
3326 Section 54. Section 58-41-5 is amended to read:
3327 58-41-5. Licensure requirements.
3328 (1) To obtain and maintain a license as an audiologist beginning July 1, 2010, an
3329 applicant must:
3330 (a) submit a completed application in the form and content prescribed by the division
3331 and pay a fee to the department in accordance with Section 63J-1-504;
3332 [
3333 [
3334 a clinical doctor's degree or AuD, in audiology, from an accredited university or college, based
3335 on a program of studies primarily in the field of audiology;
3336 [
3337 profession of audiology;
3338 [
3339 professional experience, at least 30 hours per week for an academic year, of direct clinical
3340 experience in treatment and management of patients, supervised and attested to by one holding
3341 an audiologist license under this chapter, the CCC, or their full equivalent; and
3342 [
3343 or equivalent to the examination required for the CCC and with pass-fail criteria equivalent to
3344 current ASHA standards, and the board may require the applicant to pass an acceptable
3345 practical demonstration of clinical skills to an examining committee of licensed audiologists
3346 appointed by the board.
3347 (2) To obtain and maintain a license as an audiologist prior to July 1, 2010, an
3348 applicant shall:
3349 (a) comply with Subsections (1)(a), [
3350 (b) provide the committee with verification that the applicant has received at least a
3351 master's degree in the area of audiology from an accredited university or college, based on a
3352 program of studies primarily in the field of audiology, and holds the CCC or its full equivalent.
3353 (3) An individual who, prior to July 1, 2010, is licensed as an audiologist under this
3354 chapter is, on or after July 1, 2010, considered to hold a current license under this chapter as an
3355 audiologist and is subject to this chapter.
3356 (4) To obtain and maintain a license as a speech-language pathologist, an applicant
3357 must:
3358 (a) comply with [
3359 (b) provide the committee with verification that the applicant has received at least a
3360 master's degree in speech-language pathology from an accredited university or college, based
3361 on a program of studies primarily in the field of speech-language pathology;
3362 (c) be in compliance with the regulations of conduct and code of ethics for the
3363 profession of speech-language pathology;
3364 (d) comply with Subsection [
3365 requirement shall be from a licensed speech-language pathologist rather than a licensed
3366 audiologist; and
3367 (e) pass a nationally standardized examination in speech-language pathology which is
3368 the same as or equivalent to the examination required for the CCC and with pass-fail criteria
3369 equivalent to current ASHA standards, and the board may require the applicant to pass an
3370 acceptable practical demonstration of clinical skills to an examining committee of licensed
3371 speech-language pathologists appointed by the board.
3372 Section 55. Section 58-42a-302 is amended to read:
3373 58-42a-302. Qualifications for licensure.
3374 (1) An applicant for licensure as an occupational therapist shall:
3375 (a) submit an application in a form as prescribed by the division;
3376 (b) pay a fee as determined by the department under Section 63J-1-504;
3377 [
3378
3379 [
3380 therapy from an education program accredited by the American Occupational Therapy
3381 Association's Accreditation Council for Occupational Therapy Education, a predecessor
3382 organization, or an equivalent organization as determined by division rule;
3383 [
3384 weeks of supervised fieldwork experience; and
3385 [
3386 and administered by the National Board for Certification in Occupational Therapy, or by
3387 another nationally recognized credentialing body as approved by division rule, to demonstrate
3388 knowledge of the practice, skills, theory, and professional ethics related to occupational
3389 therapy.
3390 (2) All applicants for licensure as an occupational therapy assistant shall:
3391 (a) submit an application in a form as prescribed by the division;
3392 (b) pay a fee as determined by the department under Section 63J-1-504;
3393 [
3394
3395 [
3396 as an occupational therapy assistant that is accredited by the American Occupational Therapy
3397 Association's Accreditation Council for Occupational Therapy Education, a predecessor
3398 organization, or an equivalent organization as determined by division rule;
3399 [
3400 weeks of supervised fieldwork experience; and
3401 [
3402 and administered by the National Board for Certification in Occupational Therapy, or by
3403 another nationally recognized credentialing body as approved by division rule, to demonstrate
3404 knowledge of the practice, skills, theory, and professional ethics related to occupational
3405 therapy.
3406 (3) Notwithstanding the other requirements of this section, the division may issue a
3407 license as an occupational therapist or as an occupational therapy assistant to an applicant who:
3408 (a) meets the requirements of receiving a license by endorsement under Section
3409 58-1-302; or
3410 (b) has been licensed in a state, district, or territory of the United States, or in a foreign
3411 country, where the education, experience, or examination requirements are not substantially
3412 equal to the requirements of this state, if the applicant passes the applicable examination
3413 described in Subsection [
3414 Section 56. Section 58-42a-501 is amended to read:
3415 58-42a-501. Unlawful conduct.
3416 "Unlawful conduct," as defined in Section 58-1-501 and as may be further defined by
3417 division rule, includes:
3418 (1) engaging or offering to engage in the practice of occupational therapy unless
3419 licensed under this chapter or exempted from licensure under Section 58-1-307 or 58-42a-304;
3420 (2) using the title occupational therapist or occupational therapy assistant unless
3421 licensed under this chapter; and
3422 [
3423
3424
3425 [
3426 concealment of a material fact.
3427 Section 57. Section 58-46a-302 is amended to read:
3428 58-46a-302. Qualifications for licensure.
3429 (1) Each applicant for licensure as a hearing instrument specialist shall:
3430 (a) submit to the division an application in a form prescribed by the division;
3431 (b) pay a fee as determined by the division pursuant to Section 63J-1-504;
3432 [
3433 [
3434 for Certification - Hearing Instrument Sciences, or an equivalent certification approved by the
3435 division in collaboration with the board;
3436 [
3437 Specialists; and
3438 [
3439 instrument intern license at the time of licensure as a hearing instrument specialist.
3440 (2) Each applicant for licensure as a hearing instrument intern shall:
3441 (a) submit to the division an application in a form prescribed by the division;
3442 (b) pay a fee as determined by the division pursuant to Section 63J-1-504;
3443 [
3444 [
3445 Specialists; and
3446 [
3447 when licensed, will practice as a hearing instrument intern only under the supervision of a
3448 supervising hearing instrument specialist in accordance with:
3449 (i) Section 58-46a-302.5; and
3450 (ii) the supervision requirements for obtaining board certification by the National
3451 Board for Certification - Hearing Instrument Sciences, or an equivalent certification approved
3452 by the division in collaboration with the board.
3453 Section 58. Section 58-47b-302 is amended to read:
3454 58-47b-302. License classifications -- Qualifications for licensure.
3455 (1) The division shall issue licenses under this chapter in the classifications of:
3456 (a) massage therapist; and
3457 (b) massage apprentice.
3458 (2) Each applicant for licensure as a massage therapist shall:
3459 (a) submit an application in a form prescribed by the division;
3460 (b) pay a fee determined by the department under Section 63J-1-504;
3461 [
3462 [
3463 [
3464 (i) (A) graduated from a school of massage having a curriculum which meets standards
3465 established by division rule made in collaboration with the board; or
3466 (B) completed equivalent education and training in compliance with division rule; or
3467 (ii) completed a massage apprenticeship program consisting of a minimum of 1,000
3468 hours of supervised training over a minimum of 12 months and in accordance with standards
3469 established by the division by rule made in collaboration with the board; and
3470 [
3471 board.
3472 (3) Each applicant for licensure as a massage apprentice shall:
3473 (a) submit an application in a form prescribed by the division;
3474 (b) pay a fee determined by the department under Section 63J-1-504;
3475 [
3476 [
3477 [
3478 a massage apprentice only under the direct supervision of a licensed massage therapist in good
3479 standing and who has engaged in the lawful practice of massage therapy as a licensed massage
3480 therapist for not less than 6,000 hours; and
3481 [
3482 (4) (a) Any new massage therapist or massage apprentice applicant shall submit
3483 fingerprint cards in a form acceptable to the division at the time the license application is filed
3484 and shall consent to a fingerprint background check by the Utah Bureau of Criminal
3485 Identification and the Federal Bureau of Investigation regarding the application.
3486 (b) The division shall request the Department of Public Safety to complete a Federal
3487 Bureau of Investigation criminal background check for each new massage therapist or
3488 apprentice applicant through the national criminal history system (NCIC) or any successor
3489 system.
3490 (c) The cost of the background check and the fingerprinting shall be borne by the
3491 applicant.
3492 (5) (a) Any new massage therapist or massage apprentice license issued under this
3493 section shall be conditional, pending completion of the criminal background check. If the
3494 criminal background check discloses the applicant has failed to accurately disclose a criminal
3495 history, the license shall be immediately and automatically revoked.
3496 (b) Any person whose conditional license has been revoked under Subsection (5)(a)
3497 shall be entitled to a post-revocation hearing to challenge the revocation. The hearing shall be
3498 conducted in accordance with Title 63G, Chapter 4, Administrative Procedures Act.
3499 (6) An applicant who successfully completes a fingerprint background check under
3500 Subsection (4) may not be required by any other state or local government body to submit to a
3501 second fingerprint background check as a condition of lawfully practicing massage therapy in
3502 this state.
3503 Section 59. Section 58-49-4 is amended to read:
3504 58-49-4. Qualifications for certification -- Fee.
3505 Each applicant for certification under this chapter shall provide proof satisfactory to the
3506 division that the applicant:
3507 [
3508 [
3509 university approved by the division at the time the degree was conferred with a major course of
3510 study in the sciences of food, dietetics, food systems management, or an equivalent major
3511 course of study;
3512 [
3513 post-baccalaureate experience in a dietetic program under the supervision of a certified
3514 dietitian who is certified under this chapter or certified, registered, or licensed under the laws of
3515 another state or territory of the United States;
3516 [
3517 the direction of the board in collaboration with the division; and
3518 [
3519 The fee assessed by the Department of Commerce shall be fair and reasonable and shall reflect
3520 the cost of services provided.
3521 Section 60. Section 58-49-5 is amended to read:
3522 58-49-5. Certification of persons currently qualified.
3523 The requirements of Subsections [
3524 waived and a certificate shall be issued by the division upon application and payment of the
3525 appropriate fees by any person who, [
3526 division proof that on May 1, 1985, [
3527 Commission on Dietetic Registration.
3528 Section 61. Section 58-49-9 is amended to read:
3529 58-49-9. Use of titles by uncertified person.
3530 No person, without first being certified under this chapter may:
3531 (1) assume or use the title or designation "dietitian," [
3532 "registered dietitian," "registered dietitian nutritionist," the letters "C.D.," the letter "D.," or any
3533 other title, words, letters, abbreviations, or insignia indicating or implying that the person is a
3534 certified dietitian, including by using any of the preceding terms with the alternative spelling
3535 "dietician"; or
3536 (2) represent in any way, whether orally, in writing, in print, or by signature, directly or
3537 by implication, that [
3538 Section 62. Section 58-53-502 is amended to read:
3539 58-53-502. Citations -- Penalty for unlawful conduct.
3540 (1) (a) If upon inspection or investigation, the division concludes that a person has
3541 violated Subsections 58-1-501(1)(a) through (d), Section 58-53-501, or Section 58-53-603 or
3542 any rule or order issued with respect to Section 58-53-501, and that disciplinary action is
3543 appropriate, the director or the director's designee from within the division for each alternative
3544 respectively, shall promptly issue a citation to the person according to this chapter and any
3545 pertinent rules, attempt to negotiate a stipulated settlement, or notify the person to appear
3546 before an adjudicative proceeding conducted under Title 63G, Chapter 4, Administrative
3547 Procedures Act.
3548 (i) A person who violates Subsections 58-1-501(1)(a) through (d) or Section 58-53-501
3549 or any rule or order issued with respect to Section 58-53-501, as evidenced by an uncontested
3550 citation, a stipulated settlement, or by a finding of violation in an adjudicative proceeding, may
3551 be assessed a fine pursuant to Subsection (1)(i) and may, in addition to or in lieu of, be ordered
3552 to cease and desist from violating Subsections 58-1-501(1)(a) through (d) or Section 58-53-501
3553 or any rule or order issued with respect to Section 58-53-501.
3554 (ii) Except for a cease and desist order, the licensure sanctions cited in Section
3555 58-53-401 may not be assessed through a citation.
3556 (b) A citation shall:
3557 (i) be in writing;
3558 (ii) describe with particularity the nature of the violation, including a reference to the
3559 provision of the chapter, rule, or order alleged to have been violated;
3560 (iii) clearly state that the recipient must notify the division in writing within 20
3561 calendar days of service of the citation if the recipient wishes to contest the citation at a hearing
3562 conducted under Title 63G, Chapter 4, Administrative Procedures Act; and
3563 (iv) clearly explain the consequences of failure to timely contest the citation or to make
3564 payment of any fines assessed by the citation within the time specified in the citation.
3565 (c) The division may issue a notice in lieu of a citation.
3566 (d) Each citation issued under this section, or a copy of each citation, may be served
3567 upon any person whom a summons may be served in accordance with the Utah Rules of Civil
3568 Procedure and may be made personally or upon the person's agent by a division investigator or
3569 by any person specially designated by the director or by mail.
3570 (e) If within 20 calendar days from the service of the citation, the person to whom the
3571 citation was issued fails to request a hearing to contest the citation, the citation becomes the
3572 final order of the division and is not subject to further agency review. The period to contest a
3573 citation may be extended by the division for cause.
3574 (f) The division may refuse to issue or renew, suspend, revoke, or place on probation
3575 the license of a licensee who fails to comply with a citation after it becomes final.
3576 (g) The failure of an applicant for licensure to comply with a citation after it becomes
3577 final is a ground for denial of license.
3578 (h) No citation may be issued under this section after the expiration of [
3579
3580 that is the subject of the citation is reported to the division.
3581 (i) The director or the director's designee shall assess fines according to the following:
3582 (i) for a first offense handled pursuant to Subsection (1)(a), a fine of up to $1,000;
3583 (ii) for a second offense handled pursuant to Subsection (1)(a), a fine of up to $2,000;
3584 and
3585 (iii) for any subsequent offense handled pursuant to Subsection (1)(a), a fine of up to
3586 $2,000 for each day of continued offense.
3587 (2) An action initiated for a first or second offense which has not yet resulted in a final
3588 order of the division does not preclude initiation of any subsequent action for a second or
3589 subsequent offense during the pendency of any preceding action. The final order on a
3590 subsequent action shall be considered a second or subsequent offense, respectively, provided
3591 the preceding action resulted in a first or second offense, respectively.
3592 (3) (a) The director may collect a penalty that is not paid by:
3593 (i) referring the matter to a collection agency; or
3594 (ii) bringing an action in the district court of the county where the person against whom
3595 the penalty is imposed resides or in the county where the office of the director is located.
3596 (b) A county attorney or the attorney general of the state shall provide legal assistance
3597 and advice to the director in an action to collect a penalty.
3598 (c) A court shall award reasonable attorney fees and costs to the prevailing party in an
3599 action brought by the division to collect a penalty.
3600 Section 63. Section 58-54-302 is amended to read:
3601 58-54-302. Requirements for licensure.
3602 (1) Each applicant for licensure as a radiologic technologist, radiology assistant, or
3603 radiology practical technician shall:
3604 (a) submit an application in a form prescribed by the division in collaboration with the
3605 board; and
3606 (b) pay a fee as determined by the department pursuant to Section 63J-1-504[
3607 [
3608 (2) Each applicant for licensure as a radiologic technologist shall, in addition to the
3609 requirements of Subsection (1):
3610 (a) be a graduate of an accredited educational program in radiologic technology or
3611 certified by the American Registry of Radiologic Technologists or any equivalent educational
3612 program approved by the division in collaboration with the board; and
3613 (b) have passed an examination approved by the division in collaboration with the
3614 board.
3615 (3) Each applicant for licensure as a radiology practical technician shall, in addition to
3616 the requirements of Subsection (1), have passed a basic examination and one or more specialty
3617 examinations that are competency based, using a task analysis of the scope of practice of
3618 radiology practical technicians in the state. The basic examination and the specialty
3619 examination shall be approved by the division in collaboration with the board and the licensing
3620 board of the profession within which the radiology practical technician will be practicing.
3621 (4) The division shall provide for administration of the radiology practical technician
3622 examination not less than monthly at offices designated by the division and located:
3623 (a) in Salt Lake City; and
3624 (b) within each local health department jurisdictional area.
3625 (5) (a) Except as provided in Subsection (5)(b), each applicant for licensure as a
3626 radiologist assistant shall:
3627 (i) meet the requirements of Subsections (1) and (2);
3628 (ii) have a Bachelor of Science degree; and
3629 (iii) be certified as:
3630 (A) a radiologist assistant by the American Registry of Radiologic Technologists; or
3631 (B) a radiology practitioner assistant by the Certification Board of Radiology
3632 Practitioner Assistants.
3633 (b) An individual who meets the requirements of Subsections (5)(a)(i) and (iii), but not
3634 Subsection (5)(a)(ii), may be licensed as a radiologist assistant under this chapter until May 31,
3635 2013, at which time, the individual must have completed the Bachelor of Science degree in
3636 order to retain the license of radiologist assistant.
3637 Section 64. Section 58-55-103 is amended to read:
3638 58-55-103. Construction Services Commission created -- Functions --
3639 Appointment -- Qualifications and terms of members -- Vacancies -- Expenses -- Meetings
3640 -- Concurrence.
3641 (1) (a) There is created within the division the Construction Services Commission.
3642 (b) The commission shall:
3643 (i) with the concurrence of the director, make reasonable rules under Title 63G,
3644 Chapter 3, Utah Administrative Rulemaking Act, to administer and enforce this chapter which
3645 are consistent with this chapter including:
3646 (A) licensing of various licensees;
3647 (B) examination requirements and administration of the examinations, to include
3648 approving and establishing a passing score for applicant examinations;
3649 (C) standards of supervision for students or persons in training to become qualified to
3650 obtain a license in the trade they represent; and
3651 (D) standards of conduct for various licensees;
3652 (ii) approve or disapprove fees adopted by the division under Section 63J-1-504;
3653 (iii) except where the boards conduct them, conduct all administrative hearings not
3654 delegated to an administrative law judge relating to the licensing of any applicant;
3655 (iv) except as otherwise provided in Sections 38-11-207 and 58-55-503, with the
3656 concurrence of the director, impose sanctions against licensees and certificate holders with the
3657 same authority as the division under Section 58-1-401;
3658 (v) advise the director on the administration and enforcement of any matters affecting
3659 the division and the construction industry;
3660 (vi) advise the director on matters affecting the division budget;
3661 (vii) advise and assist trade associations in conducting construction trade seminars and
3662 industry education and promotion; and
3663 (viii) perform other duties as provided by this chapter.
3664 (2) (a) Initially the commission shall be comprised of the five members of the
3665 Contractors Licensing Board and two of the three chair persons from the Plumbers Licensing
3666 Board, the Alarm System Security and Licensing Board, and the Electricians Licensing Board.
3667 (b) The terms of office of the commission members who are serving on the Contractors
3668 Licensing Board shall continue as they serve on the commission.
3669 (c) Beginning July 1, 2004, the commission shall be comprised of nine members
3670 appointed by the executive director with the approval of the governor from the following
3671 groups:
3672 (i) one member shall be a licensed general engineering contractor;
3673 (ii) one member shall be a licensed general building contractor;
3674 (iii) two members shall be licensed residential and small commercial contractors;
3675 (iv) three members shall be the three chair persons from the Plumbers Licensing Board,
3676 the Alarm System Security and Licensing Board, and the Electricians Licensing Board; and
3677 (v) two members shall be from the general public[
3678
3679
3680
3681 (3) (a) Except as required by Subsection (3)(b), as terms of current commission
3682 members expire, the executive director with the approval of the governor shall appoint each
3683 new member or reappointed member to a four-year term ending June 30.
3684 (b) Notwithstanding the requirements of Subsection (3)(a), the executive director with
3685 the approval of the governor shall, at the time of appointment or reappointment, adjust the
3686 length of terms to stagger the terms of commission members so that approximately 1/2 of the
3687 commission members are appointed every two years.
3688 (c) A commission member may not serve more than two consecutive terms.
3689 (4) The commission shall elect annually one of its members as chair, for a term of one
3690 year.
3691 (5) When a vacancy occurs in the membership for any reason, the replacement shall be
3692 appointed for the unexpired term.
3693 (6) A member may not receive compensation or benefits for the member's service, but
3694 may receive per diem and travel expenses in accordance with:
3695 (a) Section 63A-3-106;
3696 (b) Section 63A-3-107; and
3697 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
3698 63A-3-107.
3699 (7) (a) The commission shall meet at least monthly unless the director determines
3700 otherwise.
3701 (b) The director may call additional meetings at the director's discretion, upon the
3702 request of the chair, or upon the written request of four or more commission members.
3703 (8) (a) Five members constitute a quorum for the transaction of business.
3704 (b) If a quorum is present when a vote is taken, the affirmative vote of commission
3705 members present is the act of the commission.
3706 (9) The commission shall comply with the procedures and requirements of Title 13,
3707 Chapter 1, Department of Commerce, and Title 63G, Chapter 4, Administrative Procedures
3708 Act, in all of its adjudicative proceedings.
3709 (10) (a) For purposes of this Subsection (10), "concurrence" means the entities given a
3710 concurring role must jointly agree for the action to be taken.
3711 (b) If a provision of this chapter requires concurrence between the director or division
3712 and the commission and no concurrence can be reached, the director or division has final
3713 authority.
3714 (c) When this chapter requires concurrence between the director or division and the
3715 commission:
3716 (i) the director or division shall report to and update the commission on a regular basis
3717 related to matters requiring concurrence; and
3718 (ii) the commission shall review the report submitted by the director or division under
3719 this Subsection (10)(c) and concur with the report, or:
3720 (A) provide a reason for not concurring with the report; and
3721 (B) provide recommendations to the director or division.
3722 Section 65. Section 58-55-106 is amended to read:
3723 58-55-106. Surcharge fee.
3724 (1) In addition to any other fees authorized by this chapter or by the division in
3725 accordance with Section 63J-1-504, the division shall require each applicant for an initial
3726 license, renewal of a license, or reinstatement of a license under this chapter to pay a $1
3727 surcharge fee.
3728 (2) The surcharge fee shall be deposited in the General Fund as a dedicated credit to be
3729 used by the division to provide each licensee under this chapter with access to an electronic
3730 reference library that provides web-based access to national, state, and local building codes and
3731 standards.
3732 Section 66. Section 58-55-201 is amended to read:
3733 58-55-201. Boards created -- Duties.
3734 (1) There is created a Plumbers Licensing Board, an Alarm System Security and
3735 Licensing Board, and an Electricians Licensing Board. Members of the boards shall be
3736 selected to provide representation as follows:
3737 (a) The Plumbers Licensing Board consists of [
3738 (i) [
3739 master or journeyman plumber, of whom at least one shall represent a union organization and
3740 at least one shall be selected having no union affiliation;
3741 (ii) [
3742 shall represent a union organization and at least one shall be selected having no union
3743 affiliation; and
3744 (iii) one member shall be from the public at large with no history of involvement in the
3745 construction trades.
3746 (b) (i) The Alarm System Security and Licensing Board consists of five members as
3747 follows:
3748 (A) three individuals who are officers or owners of a licensed alarm business;
3749 (B) one individual from among nominees of the Utah Peace Officers Association; and
3750 (C) one individual representing the general public.
3751 (ii) The Alarm System Security and Licensing Board shall designate one of its
3752 members on a permanent or rotating basis to:
3753 (A) assist the division in reviewing complaints concerning the unlawful or
3754 unprofessional conduct of a licensee; and
3755 (B) advise the division in its investigation of these complaints.
3756 (iii) A board member who has, under this Subsection (1)(b)(iii), reviewed a complaint
3757 or advised in its investigation is disqualified from participating with the board when the board
3758 serves as a presiding officer in an adjudicative proceeding concerning the complaint.
3759 (c) The Electricians Licensing Board consists of [
3760 (i) [
3761 master or journeyman electrician, of whom at least one shall represent a union organization and
3762 at least one shall be selected having no union affiliation;
3763 (ii) [
3764 shall represent a union organization and at least one shall be selected having no union
3765 affiliation; and
3766 (iii) one member shall be from the public at large with no history of involvement in the
3767 construction trades or union affiliation.
3768 (2) The duties, functions, and responsibilities of each board include the following:
3769 (a) recommending to the commission appropriate rules;
3770 (b) recommending to the commission policy and budgetary matters;
3771 (c) approving and establishing a passing score for applicant examinations;
3772 (d) overseeing the screening of applicants for licensing, renewal, reinstatement, and
3773 relicensure;
3774 (e) assisting the commission in establishing standards of supervision for students or
3775 persons in training to become qualified to obtain a license in the occupation or profession it
3776 represents; and
3777 (f) acting as presiding officer in conducting hearings associated with the adjudicative
3778 proceedings and in issuing recommended orders when so authorized by the commission.
3779 (3) The division in collaboration with the Plumbers Licensing Board and the
3780 Electricians Licensing Board shall provide a preliminary report on or before October 1, 2019,
3781 and a final written report on or before June 1, 2020, to the Business and Labor Interim
3782 Committee and the Occupational and Professional Licensure Review Committee that provides
3783 recommendations for consistent educational and training standards for plumber and electrician
3784 apprentice programs in the state, including recommendations for education and training
3785 provided by all providers, including institutions of higher education and technical colleges.
3786 Section 67. Section 58-55-302 is amended to read:
3787 58-55-302. Qualifications for licensure.
3788 (1) Each applicant for a license under this chapter shall:
3789 (a) submit an application prescribed by the division;
3790 (b) pay a fee as determined by the department under Section 63J-1-504;
3791 (c) meet the examination requirements established by this section and by rule by the
3792 commission with the concurrence of the director, which requirements include:
3793 (i) for licensure as an apprentice electrician, apprentice plumber, or specialty
3794 contractor, no division-administered examination is required;
3795 (ii) for licensure as a general building contractor, general engineering contractor,
3796 residential and small commercial contractor, general plumbing contractor, residential plumbing
3797 contractor, general electrical contractor, or residential electrical contractor, the only required
3798 division-administered examination is a division-administered examination that covers
3799 information from the 25-hour course described in Subsection (1)(e)(iii), which course may
3800 have been previously completed as part of applying for any other license under this chapter,
3801 and, if the 25-hour course was completed on or after July 1, 2019, the five-hour business law
3802 course described in Subsection (1)(e)(iv); and
3803 (iii) if required in Section 58-55-304, an individual qualifier must pass the required
3804 division-administered examination if the applicant is a business entity;
3805 (d) if an apprentice, identify the proposed supervisor of the apprenticeship;
3806 (e) if an applicant for a contractor's license:
3807 (i) produce satisfactory evidence of financial responsibility, except for a construction
3808 trades instructor for whom evidence of financial responsibility is not required;
3809 (ii) produce satisfactory evidence of:
3810 (A) except as provided in Subsection (2)(a), and except that no employment experience
3811 is required for licensure as a specialty contractor, two years full-time paid employment
3812 experience in the construction industry, which employment experience, unless more
3813 specifically described in this section, may be related to any contracting classification and does
3814 not have to include supervisory experience; and
3815 (B) knowledge of the principles of the conduct of business as a contractor, reasonably
3816 necessary for the protection of the public health, safety, and welfare;
3817 (iii) except as otherwise provided by rule by the commission with the concurrence of
3818 the director, complete a 25-hour course established by rule by the commission with the
3819 concurrence of the director, which is taught by an approved prelicensure course provider, and
3820 which course may include:
3821 (A) construction business practices;
3822 (B) bookkeeping fundamentals;
3823 (C) mechanics lien fundamentals;
3824 (D) other aspects of business and construction principles considered important by the
3825 commission with the concurrence of the director; and
3826 (E) for no additional fee, a provider-administered examination at the end of the
3827 25-hour course;
3828 (iv) complete a five-hour business and law course established by rule by the
3829 commission with the concurrence of the director, which is taught by an approved prelicensure
3830 course provider, if an applicant for licensure as a general building contractor, general
3831 engineering contractor, residential and small commercial contractor, general plumbing
3832 contractor, residential plumbing contractor, general electrical contractor, or residential
3833 electrical contractor, except that if the 25-hour course described in Subsection (1)(e)(iii) was
3834 completed before July 1, 2019, the applicant does not need to take the business and law course;
3835 (v) (A) be a licensed master electrician if an applicant for an electrical contractor's
3836 license or a licensed master residential electrician if an applicant for a residential electrical
3837 contractor's license;
3838 (B) be a licensed master plumber if an applicant for a plumbing contractor's license or
3839 a licensed master residential plumber if an applicant for a residential plumbing contractor's
3840 license; or
3841 (C) be a licensed elevator mechanic and produce satisfactory evidence of three years
3842 experience as an elevator mechanic if an applicant for an elevator contractor's license; and
3843 (vi) when the applicant is an unincorporated entity, provide a list of the one or more
3844 individuals who hold an ownership interest in the applicant as of the day on which the
3845 application is filed that includes for each individual:
3846 (A) the individual's name, address, birth date, and social security number; and
3847 (B) whether the individual will engage in a construction trade; and
3848 (f) if an applicant for a construction trades instructor license, satisfy any additional
3849 requirements established by rule.
3850 (2) (a) If the applicant for a contractor's license described in Subsection (1) is a
3851 building inspector, the applicant may satisfy Subsection (1)(e)(ii)(A) by producing satisfactory
3852 evidence of two years full-time paid employment experience as a building inspector, which
3853 shall include at least one year full-time experience as a licensed combination inspector.
3854 (b) [
3855
3856 issues the license:
3857 (i) proof of workers' compensation insurance which covers employees of the applicant
3858 in accordance with applicable Utah law;
3859 (ii) proof of public liability insurance in coverage amounts and form established by rule
3860 except for a construction trades instructor for whom public liability insurance is not required;
3861 and
3862 (iii) proof of registration as required by applicable law with the:
3863 (A) Department of Commerce;
3864 (B) Division of Corporations and Commercial Code;
3865 (C) Unemployment Insurance Division in the Department of Workforce Services, for
3866 purposes of Title 35A, Chapter 4, Employment Security Act;
3867 (D) State Tax Commission; and
3868 (E) Internal Revenue Service.
3869 (3) In addition to the general requirements for each applicant in Subsection (1),
3870 applicants shall comply with the following requirements to be licensed in the following
3871 classifications:
3872 (a) (i) A master plumber shall produce satisfactory evidence that the applicant:
3873 (A) has been a licensed journeyman plumber for at least two years and had two years of
3874 supervisory experience as a licensed journeyman plumber in accordance with division rule;
3875 (B) has received at least an associate of applied science degree or similar degree
3876 following the completion of a course of study approved by the division and had one year of
3877 supervisory experience as a licensed journeyman plumber in accordance with division rule; or
3878 (C) meets the qualifications for expedited licensure as established by rules made by the
3879 commission, with the concurrence of the director, in accordance with Title 63G, Chapter 3,
3880 Utah Administrative Rulemaking Act, that clearly demonstrate the applicant has the knowledge
3881 and skills to be a licensed master plumber.
3882 (ii) An individual holding a valid Utah license as a journeyman plumber, based on at
3883 least four years of practical experience as a licensed apprentice under the supervision of a
3884 licensed journeyman plumber and four years as a licensed journeyman plumber, in effect
3885 immediately prior to May 5, 2008, is on and after May 5, 2008, considered to hold a current
3886 master plumber license under this chapter, and satisfies the requirements of this Subsection
3887 (3)(a) for the purpose of renewal or reinstatement of that license under Section 58-55-303.
3888 (iii) An individual holding a valid plumbing contractor's license or residential
3889 plumbing contractor's license, in effect immediately prior to May 5, 2008, is on or after May 5,
3890 2008:
3891 (A) considered to hold a current master plumber license under this chapter if licensed
3892 as a plumbing contractor and a journeyman plumber, and satisfies the requirements of this
3893 Subsection (3)(a) for purposes of renewal or reinstatement of that license under Section
3894 58-55-303; and
3895 (B) considered to hold a current residential master plumber license under this chapter if
3896 licensed as a residential plumbing contractor and a residential journeyman plumber, and
3897 satisfies the requirements of this Subsection (3)(a) for purposes of renewal or reinstatement of
3898 that license under Section 58-55-303.
3899 (b) A master residential plumber applicant shall produce satisfactory evidence that the
3900 applicant:
3901 (i) has been a licensed residential journeyman plumber for at least two years and had
3902 two years of supervisory experience as a licensed residential journeyman plumber in
3903 accordance with division rule; or
3904 (ii) meets the qualifications for expedited licensure as established by rules made by the
3905 commission, with the concurrence of the director, in accordance with Title 63G, Chapter 3,
3906 Utah Administrative Rulemaking Act, that clearly demonstrate the applicant has the knowledge
3907 and skills to be a licensed master residential plumber.
3908 (c) A journeyman plumber applicant shall produce satisfactory evidence of:
3909 (i) successful completion of the equivalent of at least four years of full-time training
3910 and instruction as a licensed apprentice plumber under supervision of a licensed master
3911 plumber or journeyman plumber and in accordance with a planned program of training
3912 approved by the division;
3913 (ii) at least eight years of full-time experience approved by the division in collaboration
3914 with the Plumbers Licensing Board; or
3915 (iii) meeting the qualifications for expedited licensure as established by rules made by
3916 the commission, with the concurrence of the director, in accordance with Title 63G, Chapter 3,
3917 Utah Administrative Rulemaking Act, that clearly demonstrate the applicant has the knowledge
3918 and skills to be a licensed journeyman plumber.
3919 (d) A residential journeyman plumber shall produce satisfactory evidence of:
3920 (i) completion of the equivalent of at least three years of full-time training and
3921 instruction as a licensed apprentice plumber under the supervision of a licensed residential
3922 master plumber, licensed residential journeyman plumber, or licensed journeyman plumber in
3923 accordance with a planned program of training approved by the division;
3924 (ii) completion of at least six years of full-time experience in a maintenance or repair
3925 trade involving substantial plumbing work; or
3926 (iii) meeting the qualifications for expedited licensure as established by rules made by
3927 the commission, with the concurrence of the director, in accordance with Title 63G, Chapter 3,
3928 Utah Administrative Rulemaking Act, that clearly demonstrate the applicant has the knowledge
3929 and skills to be a licensed residential journeyman plumber.
3930 (e) The conduct of licensed apprentice plumbers and their licensed supervisors shall be
3931 in accordance with the following:
3932 (i) while engaging in the trade of plumbing, a licensed apprentice plumber shall be
3933 under the immediate supervision of a licensed master plumber, licensed residential master
3934 plumber, licensed journeyman plumber, or licensed residential journeyman plumber;
3935 (ii) beginning in a licensed apprentice plumber's fourth year of training, a licensed
3936 apprentice plumber may work without supervision for a period not to exceed eight hours in any
3937 24-hour period; and
3938 (iii) rules made by the commission, with the concurrence of the director, in accordance
3939 with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, regarding the ratio of
3940 apprentices allowed under the immediate supervision of a licensed supervisor, including the
3941 ratio of apprentices in their fourth year of training or later that are allowed to be under the
3942 immediate supervision of a licensed supervisor.
3943 (f) A master electrician applicant shall produce satisfactory evidence that the applicant:
3944 (i) is a graduate electrical engineer of an accredited college or university approved by
3945 the division and has one year of practical electrical experience as a licensed apprentice
3946 electrician;
3947 (ii) is a graduate of an electrical trade school, having received an associate of applied
3948 sciences degree following successful completion of a course of study approved by the division,
3949 and has two years of practical experience as a licensed journeyman electrician;
3950 (iii) has four years of practical experience as a journeyman electrician; or
3951 (iv) meets the qualifications for expedited licensure as established by rules made by the
3952 commission, with the concurrence of the director, in accordance with Title 63G, Chapter 3,
3953 Utah Administrative Rulemaking Act, that clearly demonstrate the applicant has the knowledge
3954 and skills to be a licensed master electrician.
3955 (g) A master residential electrician applicant shall produce satisfactory evidence that
3956 the applicant:
3957 (i) has at least two years of practical experience as a residential journeyman electrician;
3958 or
3959 (ii) meets the qualifications for expedited licensure as established by rules made by the
3960 commission, with the concurrence of the director, in accordance with Title 63G, Chapter 3,
3961 Utah Administrative Rulemaking Act, that clearly demonstrate the applicant has the knowledge
3962 and skills to be a master residential electrician.
3963 (h) A journeyman electrician applicant shall produce satisfactory evidence that the
3964 applicant:
3965 (i) has successfully completed at least four years of full-time training and instruction as
3966 a licensed apprentice electrician under the supervision of a master electrician or journeyman
3967 electrician and in accordance with a planned training program approved by the division;
3968 (ii) has at least eight years of full-time experience approved by the division in
3969 collaboration with the Electricians Licensing Board; or
3970 (iii) meets the qualifications for expedited licensure as established by rules made by the
3971 commission, with the concurrence of the director, in accordance with Title 63G, Chapter 3,
3972 Utah Administrative Rulemaking Act, that clearly demonstrate the applicant has the knowledge
3973 and skills to be a licensed journeyman electrician.
3974 (i) A residential journeyman electrician applicant shall produce satisfactory evidence
3975 that the applicant:
3976 (i) has successfully completed two years of training in an electrical training program
3977 approved by the division;
3978 (ii) has four years of practical experience in wiring, installing, and repairing electrical
3979 apparatus and equipment for light, heat, and power under the supervision of a licensed master,
3980 journeyman, residential master, or residential journeyman electrician; or
3981 (iii) meets the qualifications for expedited licensure as established by rules made by the
3982 commission, with the concurrence of the director, in accordance with Title 63G, Chapter 3,
3983 Utah Administrative Rulemaking Act, that clearly demonstrate the applicant has the knowledge
3984 and skills to be a licensed residential journeyman electrician.
3985 (j) The conduct of licensed apprentice electricians and their licensed supervisors shall
3986 be in accordance with the following:
3987 (i) A licensed apprentice electrician shall be under the immediate supervision of a
3988 licensed master, journeyman, residential master, or residential journeyman electrician;
3989 (ii) beginning in a licensed apprentice electrician's fourth year of training, a licensed
3990 apprentice electrician may work without supervision for a period not to exceed eight hours in
3991 any 24-hour period;
3992 (iii) rules made by the commission, with the concurrence of the director, in accordance
3993 with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, regarding the ratio of
3994 apprentices allowed under the immediate supervision of a licensed supervisor, including the
3995 ratio of apprentices in their fourth year of training or later that are allowed to be under the
3996 immediate supervision of a licensed supervisor; and
3997 (iv) a licensed supervisor may have up to three licensed apprentice electricians on a
3998 residential project, or more if established by rules made by the commission, in concurrence
3999 with the director, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking
4000 Act.
4001 (k) An alarm company applicant shall:
4002 (i) have a qualifying agent who is an officer, director, partner, proprietor, or manager of
4003 the applicant who:
4004 (A) demonstrates 6,000 hours of experience in the alarm company business;
4005 (B) demonstrates 2,000 hours of experience as a manager or administrator in the alarm
4006 company business or in a construction business; and
4007 (C) passes an examination component established by rule by the commission with the
4008 concurrence of the director;
4009 (ii) if a corporation, provide:
4010 (A) the names, addresses, dates of birth, social security numbers, and fingerprint cards
4011 of all corporate officers, directors, and those responsible management personnel employed
4012 within the state or having direct responsibility for managing operations of the applicant within
4013 the state; and
4014 (B) the names, addresses, dates of birth, social security numbers, and fingerprint cards
4015 of all shareholders owning 5% or more of the outstanding shares of the corporation, except this
4016 shall not be required if the stock is publicly listed and traded;
4017 (iii) if a limited liability company, provide:
4018 (A) the names, addresses, dates of birth, social security numbers, and fingerprint cards
4019 of all company officers, and those responsible management personnel employed within the
4020 state or having direct responsibility for managing operations of the applicant within the state;
4021 and
4022 (B) the names, addresses, dates of birth, social security numbers, and fingerprint cards
4023 of all individuals owning 5% or more of the equity of the company;
4024 (iv) if a partnership, provide the names, addresses, dates of birth, social security
4025 numbers, and fingerprint cards of all general partners, and those responsible management
4026 personnel employed within the state or having direct responsibility for managing operations of
4027 the applicant within the state;
4028 (v) if a proprietorship, provide the names, addresses, dates of birth, social security
4029 numbers, and fingerprint cards of the proprietor, and those responsible management personnel
4030 employed within the state or having direct responsibility for managing operations of the
4031 applicant within the state;
4032 (vi) if a trust, provide the names, addresses, dates of birth, social security numbers, and
4033 fingerprint cards of the trustee, and those responsible management personnel employed within
4034 the state or having direct responsibility for managing operations of the applicant within the
4035 state;
4036 (vii) be of good moral character in that officers, directors, shareholders described in
4037 Subsection (3)(k)(ii)(B), partners, proprietors, trustees, and responsible management personnel
4038 have not been convicted of a felony, a misdemeanor involving moral turpitude, or any other
4039 crime that when considered with the duties and responsibilities of an alarm company is
4040 considered by the board to indicate that the best interests of the public are served by granting
4041 the applicant a license;
4042 (viii) document that none of the applicant's officers, directors, shareholders described
4043 in Subsection (3)(k)(ii)(B), partners, proprietors, trustees, and responsible management
4044 personnel have been declared by any court of competent jurisdiction incompetent by reason of
4045 mental defect or disease and not been restored;
4046 (ix) document that none of the applicant's officers, directors, shareholders described in
4047 Subsection (3)(k)(ii)(B), partners, proprietors, and responsible management personnel are
4048 currently suffering from habitual drunkenness or from drug addiction or dependence;
4049 (x) file and maintain with the division evidence of:
4050 (A) comprehensive general liability insurance in form and in amounts to be established
4051 by rule by the commission with the concurrence of the director;
4052 (B) workers' compensation insurance that covers employees of the applicant in
4053 accordance with applicable Utah law; and
4054 (C) registration as is required by applicable law with the:
4055 (I) Division of Corporations and Commercial Code;
4056 (II) Unemployment Insurance Division in the Department of Workforce Services, for
4057 purposes of Title 35A, Chapter 4, Employment Security Act;
4058 (III) State Tax Commission; and
4059 (IV) Internal Revenue Service; and
4060 (xi) meet with the division and board.
4061 (l) Each applicant for licensure as an alarm company agent shall:
4062 (i) submit an application in a form prescribed by the division accompanied by
4063 fingerprint cards;
4064 (ii) pay a fee determined by the department under Section 63J-1-504;
4065 (iii) be of good moral character in that the applicant has not been convicted of a felony,
4066 a misdemeanor involving moral turpitude, or any other crime that when considered with the
4067 duties and responsibilities of an alarm company agent is considered by the board to indicate
4068 that the best interests of the public are served by granting the applicant a license;
4069 (iv) not have been declared by any court of competent jurisdiction incompetent by
4070 reason of mental defect or disease and not been restored;
4071 (v) not be currently suffering from habitual drunkenness or from drug addiction or
4072 dependence; and
4073 (vi) meet with the division and board if requested by the division or the board.
4074 (m) (i) Each applicant for licensure as an elevator mechanic shall:
4075 (A) provide documentation of experience and education credits of not less than three
4076 years work experience in the elevator industry, in construction, maintenance, or service and
4077 repair; and
4078 (B) satisfactorily complete a written examination administered by the division
4079 established by rule under Section 58-1-203; or
4080 (C) provide certificates of completion of an apprenticeship program for elevator
4081 mechanics, having standards substantially equal to those of this chapter and registered with the
4082 United States Department of Labor Bureau Apprenticeship and Training or a state
4083 apprenticeship council.
4084 (ii) (A) If an elevator contractor licensed under this chapter cannot find a licensed
4085 elevator mechanic to perform the work of erecting, constructing, installing, altering, servicing,
4086 repairing, or maintaining an elevator, the contractor may:
4087 (I) notify the division of the unavailability of licensed personnel; and
4088 (II) request the division issue a temporary elevator mechanic license to an individual
4089 certified by the contractor as having an acceptable combination of documented experience and
4090 education to perform the work described in this Subsection (3)(m)(ii)(A).
4091 (B) (I) The division may issue a temporary elevator mechanic license to an individual
4092 certified under Subsection (3)(m)(ii)(A)(II) upon application by the individual, accompanied by
4093 the appropriate fee as determined by the department under Section 63J-1-504.
4094 (II) The division shall specify the time period for which the license is valid and may
4095 renew the license for an additional time period upon its determination that a shortage of
4096 licensed elevator mechanics continues to exist.
4097 (4) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
4098 division may make rules establishing when Federal Bureau of Investigation records shall be
4099 checked for applicants as an alarm company or alarm company agent.
4100 (5) To determine if an applicant meets the qualifications of Subsections (3)(k)(vii) and
4101 (3)(l)(iii), the division shall provide an appropriate number of copies of fingerprint cards to the
4102 Department of Public Safety with the division's request to:
4103 (a) conduct a search of records of the Department of Public Safety for criminal history
4104 information relating to each applicant for licensure as an alarm company or alarm company
4105 agent and each applicant's officers, directors, shareholders described in Subsection
4106 (3)(k)(ii)(B), partners, proprietors, and responsible management personnel; and
4107 (b) forward to the Federal Bureau of Investigation a fingerprint card of each applicant
4108 requiring a check of records of the Federal Bureau of Investigation for criminal history
4109 information under this section.
4110 (6) The Department of Public Safety shall send to the division:
4111 (a) a written record of criminal history, or certification of no criminal history record, as
4112 contained in the records of the Department of Public Safety in a timely manner after receipt of
4113 a fingerprint card from the division and a request for review of Department of Public Safety
4114 records; and
4115 (b) the results of the Federal Bureau of Investigation review concerning an applicant in
4116 a timely manner after receipt of information from the Federal Bureau of Investigation.
4117 (7) (a) The division shall charge each applicant for licensure as an alarm company or
4118 alarm company agent a fee, in accordance with Section 63J-1-504, equal to the cost of
4119 performing the records reviews under this section.
4120 (b) The division shall pay the Department of Public Safety the costs of all records
4121 reviews, and the Department of Public Safety shall pay the Federal Bureau of Investigation the
4122 costs of records reviews under this section.
4123 (8) Information obtained by the division from the reviews of criminal history records of
4124 the Department of Public Safety and the Federal Bureau of Investigation shall be used or
4125 disseminated by the division only for the purpose of determining if an applicant for licensure as
4126 an alarm company or alarm company agent is qualified for licensure.
4127 (9) (a) An application for licensure under this chapter shall be denied if:
4128 (i) the applicant has had a previous license, which was issued under this chapter,
4129 suspended or revoked within two years before the date of the applicant's application;
4130 (ii) (A) the applicant is a partnership, corporation, or limited liability company; and
4131 (B) any corporate officer, director, shareholder holding 25% or more of the stock in the
4132 applicant, partner, member, agent acting as a qualifier, or any person occupying a similar
4133 status, performing similar functions, or directly or indirectly controlling the applicant has
4134 served in any similar capacity with any person or entity which has had a previous license,
4135 which was issued under this chapter, suspended or revoked within two years before the date of
4136 the applicant's application;
4137 (iii) (A) the applicant is an individual or sole proprietorship; and
4138 (B) any owner or agent acting as a qualifier has served in any capacity listed in
4139 Subsection (9)(a)(ii)(B) in any entity which has had a previous license, which was issued under
4140 this chapter, suspended or revoked within two years before the date of the applicant's
4141 application; or
4142 (iv) (A) the applicant includes an individual who was an owner, director, or officer of
4143 an unincorporated entity at the time the entity's license under this chapter was revoked; and
4144 (B) the application for licensure is filed within 60 months after the revocation of the
4145 unincorporated entity's license.
4146 (b) An application for licensure under this chapter shall be reviewed by the appropriate
4147 licensing board prior to approval if:
4148 (i) the applicant has had a previous license, which was issued under this chapter,
4149 suspended or revoked more than two years before the date of the applicant's application;
4150 (ii) (A) the applicant is a partnership, corporation, or limited liability company; and
4151 (B) any corporate officer, director, shareholder holding 25% or more of the stock in the
4152 applicant, partner, member, agent acting as a qualifier, or any person occupying a similar
4153 status, performing similar functions, or directly or indirectly controlling the applicant has
4154 served in any similar capacity with any person or entity which has had a previous license,
4155 which was issued under this chapter, suspended or revoked more than two years before the date
4156 of the applicant's application; or
4157 (iii) (A) the applicant is an individual or sole proprietorship; and
4158 (B) any owner or agent acting as a qualifier has served in any capacity listed in
4159 Subsection (9)(b)(ii)(B) in any entity which has had a previous license, which was issued under
4160 this chapter, suspended or revoked more than two years before the date of the applicant's
4161 application.
4162 (10) (a) (i) A licensee that is an unincorporated entity shall file an ownership status
4163 report with the division every 30 days after the day on which the license is issued if the licensee
4164 has more than five owners who are individuals who:
4165 (A) own an interest in the contractor that is an unincorporated entity;
4166 (B) own, directly or indirectly, less than an 8% interest, as defined by rule made by the
4167 division in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, in the
4168 unincorporated entity; and
4169 (C) engage, or will engage, in a construction trade in the state as owners of the
4170 contractor described in Subsection (10)(a)(i)(A).
4171 (ii) If the licensee has five or fewer owners described in Subsection (10)(a)(i), the
4172 licensee shall provide the ownership status report with an application for renewal of licensure.
4173 (b) An ownership status report required under this Subsection (10) shall:
4174 (i) specify each addition or deletion of an owner:
4175 (A) for the first ownership status report, after the day on which the unincorporated
4176 entity is licensed under this chapter; and
4177 (B) for a subsequent ownership status report, after the day on which the previous
4178 ownership status report is filed;
4179 (ii) be in a format prescribed by the division that includes for each owner, regardless of
4180 the owner's percentage ownership in the unincorporated entity, the information described in
4181 Subsection(1)(e)(vi);
4182 (iii) list the name of:
4183 (A) each officer or manager of the unincorporated entity; and
4184 (B) each other individual involved in the operation, supervision, or management of the
4185 unincorporated entity; and
4186 (iv) be accompanied by a fee set by the division in accordance with Section 63J-1-504
4187 if the ownership status report indicates there is a change described in Subsection (10)(b)(i).
4188 (c) The division may, at any time, audit an ownership status report under this
4189 Subsection (10):
4190 (i) to determine if financial responsibility has been demonstrated or maintained as
4191 required under Section 58-55-306; and
4192 (ii) to determine compliance with Subsection 58-55-501(23), (24), [
4193 (26) or Subsection 58-55-502(8) or (9).
4194 (11) (a) An unincorporated entity that provides labor to an entity licensed under this
4195 chapter by providing an individual who owns an interest in the unincorporated entity to engage
4196 in a construction trade in Utah shall file with the division:
4197 (i) before the individual who owns an interest in the unincorporated entity engages in a
4198 construction trade in Utah, a current list of the one or more individuals who hold an ownership
4199 interest in the unincorporated entity that includes for each individual:
4200 (A) the individual's name, address, birth date, and social security number; and
4201 (B) whether the individual will engage in a construction trade; and
4202 (ii) every 30 days after the day on which the unincorporated entity provides the list
4203 described in Subsection (11)(a)(i), an ownership status report containing the information that
4204 would be required under Subsection (10) if the unincorporated entity were a licensed
4205 contractor.
4206 (b) When filing an ownership list described in Subsection (11)(a)(i) or an ownership
4207 status report described in Subsection (11)(a)(ii), an unincorporated entity shall pay a fee set by
4208 the division in accordance with Section 63J-1-504.
4209 (12) This chapter may not be interpreted to create or support an express or implied
4210 independent contractor relationship between an unincorporated entity described in Subsection
4211 (10) or (11) and the owners of the unincorporated entity for any purpose, including income tax
4212 withholding.
4213 (13) A social security number provided under Subsection (1)(e)(vi) is a private record
4214 under Subsection 63G-2-302(1)(i).
4215 Section 68. Section 58-55-305 is amended to read:
4216 58-55-305. Exemptions from licensure.
4217 (1) In addition to the exemptions from licensure in Section 58-1-307, the following
4218 persons may engage in acts or practices included within the practice of construction trades,
4219 subject to the stated circumstances and limitations, without being licensed under this chapter:
4220 (a) an authorized representative of the United States government or an authorized
4221 employee of the state or any of its political subdivisions when working on construction work of
4222 the state or the subdivision, and when acting within the terms of the person's trust, office, or
4223 employment;
4224 (b) a person engaged in construction or operation incidental to the construction and
4225 repair of irrigation and drainage ditches of regularly constituted irrigation districts, reclamation
4226 districts, and drainage districts or construction and repair relating to farming, dairying,
4227 agriculture, livestock or poultry raising, metal and coal mining, quarries, sand and gravel
4228 excavations, well drilling, as defined in Section 73-3-25, hauling to and from construction
4229 sites, and lumbering;
4230 (c) public utilities operating under the rules of the Public Service Commission on work
4231 incidental to their own business;
4232 (d) a sole [
4233 (i) no more than one residential structure per year on the sole owner's property and no
4234 more than three residential structures per five years on [
4235 [
4236 other than the property owner or [
4237 engages in building [
4238 person is otherwise required to be licensed under this chapter; or
4239 (ii) structures on [
4240 noncommercial, nonpublic use [
4241 property, including [
4242 (e) (i) a person engaged in construction or renovation of a residential building for
4243 noncommercial, nonpublic use if that person:
4244 (A) works without compensation other than token compensation that is not considered
4245 salary or wages; and
4246 (B) works under the direction of the property owner who engages in building the
4247 structure; and
4248 (ii) as used in this Subsection (1)(e), "token compensation" means compensation paid
4249 by a sole owner of property exempted from licensure under Subsection (1)(d) to a person
4250 exempted from licensure under this Subsection (1)(e), that is:
4251 (A) minimal in value when compared with the fair market value of the services
4252 provided by the person;
4253 (B) not related to the fair market value of the services provided by the person; and
4254 (C) is incidental to the providing of services by the person including paying for or
4255 providing meals or refreshment while services are being provided, or paying reasonable
4256 transportation costs incurred by the person in travel to the site of construction;
4257 (f) a person engaged in the sale or merchandising of personal property that by its design
4258 or manufacture may be attached, installed, or otherwise affixed to real property who has
4259 contracted with a person, firm, or corporation licensed under this chapter to install, affix, or
4260 attach that property;
4261 (g) a contractor submitting a bid on a federal aid highway project, if, before
4262 undertaking construction under that bid, the contractor is licensed under this chapter;
4263 (h) (i) subject to Subsection 58-1-401(2) and Sections 58-55-501 and 58-55-502, a
4264 person engaged in the alteration, repair, remodeling, or addition to or improvement of a
4265 building with a contracted or agreed value of less than $3,000, including both labor and
4266 materials, and including all changes or additions to the contracted or agreed upon work; and
4267 (ii) notwithstanding Subsection (1)(h)(i) and except as otherwise provided in this
4268 section:
4269 (A) work in the plumbing and electrical trades on a Subsection (1)(h)(i) project within
4270 any six month period of time:
4271 (I) must be performed by a licensed electrical or plumbing contractor, if the project
4272 involves an electrical or plumbing system; and
4273 (II) may be performed by a licensed journeyman electrician or plumber or an individual
4274 referred to in Subsection (1)(h)(ii)(A)(I), if the project involves a component of the system
4275 such as a faucet, toilet, fixture, device, outlet, or electrical switch;
4276 (B) installation, repair, or replacement of a residential or commercial gas appliance or a
4277 combustion system on a Subsection (1)(h)(i) project must be performed by a person who has
4278 received certification under Subsection 58-55-308(2) except as otherwise provided in
4279 Subsection 58-55-308(2)(d) or 58-55-308(3);
4280 (C) installation, repair, or replacement of water-based fire protection systems on a
4281 Subsection (1)(h)(i) project must be performed by a licensed fire suppression systems
4282 contractor or a licensed journeyman plumber;
4283 (D) work as an alarm business or company or as an alarm company agent shall be
4284 performed by a licensed alarm business or company or a licensed alarm company agent, except
4285 as otherwise provided in this chapter;
4286 (E) installation, repair, or replacement of an alarm system on a Subsection (1)(h)(i)
4287 project must be performed by a licensed alarm business or company or a licensed alarm
4288 company agent;
4289 (F) installation, repair, or replacement of a heating, ventilation, or air conditioning
4290 system (HVAC) on a Subsection (1)(h)(i) project must be performed by an HVAC contractor
4291 licensed by the division;
4292 (G) installation, repair, or replacement of a radon mitigation system or a soil
4293 depressurization system must be performed by a licensed contractor; and
4294 (H) if the total value of the project is greater than $1,000, the person shall file with the
4295 division a one-time affirmation, subject to periodic reaffirmation as established by division
4296 rule, that the person has:
4297 (I) public liability insurance in coverage amounts and form established by division
4298 rule; and
4299 (II) if applicable, workers compensation insurance which would cover an employee of
4300 the person if that employee worked on the construction project;
4301 (i) a person practicing a specialty contractor classification or construction trade which
4302 the director does not classify by administrative rule as significantly impacting the public's
4303 health, safety, and welfare;
4304 (j) owners and lessees of property and persons regularly employed for wages by owners
4305 or lessees of property or their agents for the purpose of maintaining the property, are exempt
4306 from this chapter when doing work upon the property;
4307 (k) (i) a person engaged in minor plumbing work that is incidental, as defined by the
4308 division by rule, to the replacement or repair of a fixture or an appliance in a residential or
4309 small commercial building, or structure used for agricultural use, as defined in Section
4310 15A-1-202, provided that no modification is made to:
4311 (A) existing culinary water, soil, waste, or vent piping; or
4312 (B) a gas appliance or combustion system; and
4313 (ii) except as provided in Subsection (1)(e), installation for the first time of a fixture or
4314 an appliance is not included in the exemption provided under Subsection (1)(k)(i);
4315 (l) a person who ordinarily would be subject to the plumber licensure requirements
4316 under this chapter when installing or repairing a water conditioner or other water treatment
4317 apparatus if the conditioner or apparatus:
4318 (i) meets the appropriate state construction codes or local plumbing standards; and
4319 (ii) is installed or repaired under the direction of a person authorized to do the work
4320 under an appropriate specialty contractor license;
4321 (m) a person who ordinarily would be subject to the electrician licensure requirements
4322 under this chapter when employed by:
4323 (i) railroad corporations, telephone corporations or their corporate affiliates, elevator
4324 contractors or constructors, or street railway systems; or
4325 (ii) public service corporations, rural electrification associations, or municipal utilities
4326 who generate, distribute, or sell electrical energy for light, heat, or power;
4327 (n) a person involved in minor electrical work incidental to a mechanical or service
4328 installation, including the outdoor installation of an above-ground, prebuilt hot tub;
4329 (o) a person who ordinarily would be subject to the electrician licensure requirements
4330 under this chapter but who during calendar years 2009, 2010, or 2011 was issued a specialty
4331 contractor license for the electrical work associated with the installation, repair, or maintenance
4332 of solar energy panels, may continue the limited electrical work for solar energy panels under a
4333 specialty contractor license;
4334 (p) a student participating in construction trade education and training programs
4335 approved by the commission with the concurrence of the director under the condition that:
4336 (i) all work intended as a part of a finished product on which there would normally be
4337 an inspection by a building inspector is, in fact, inspected and found acceptable by a licensed
4338 building inspector; and
4339 (ii) a licensed contractor obtains the necessary building permits;
4340 (q) a delivery person when replacing any of the following existing equipment with a
4341 new gas appliance, provided there is an existing gas shutoff valve at the appliance:
4342 (i) gas range;
4343 (ii) gas dryer;
4344 (iii) outdoor gas barbeque; or
4345 (iv) outdoor gas patio heater;
4346 (r) a person performing maintenance on an elevator as defined in Section 58-55-102, if
4347 the maintenance is not related to the operating integrity of the elevator; and
4348 (s) an apprentice or helper of an elevator mechanic licensed under this chapter when
4349 working under the general direction of the licensed elevator mechanic.
4350 (2) A compliance agency as defined in Section 15A-1-202 that issues a building permit
4351 to a person requesting a permit as a sole owner of property referred to in Subsection (1)(d) shall
4352 notify the division, in writing or through electronic transmission, of the issuance of the permit.
4353 Section 69. Section 58-55-308 is amended to read:
4354 58-55-308. Scope of practice -- Installation, repair, maintenance, or replacement
4355 of gas appliance, combustion system, or automatic five sprinkler system -- Rules.
4356 (1) (a) The commission, with the concurrence of the director, may adopt reasonable
4357 rules pursuant to Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to define and
4358 limit the scope of practice and operating standards of the classifications and subclassifications
4359 licensed under this chapter in a manner consistent with established practice in the relevant
4360 industry.
4361 (b) The commission and the director may limit the field and scope of operations of a
4362 licensee under this chapter in accordance with the rules and the public health, safety, and
4363 welfare, based on the licensee's education, training, experience, knowledge, and financial
4364 responsibility.
4365 (2) (a) The work and scope of practice covered by this Subsection (2) and Subsection
4366 (3) is the installation, repair, maintenance, cleaning, or replacement of a residential or
4367 commercial gas appliance or combustion system.
4368 (b) The provisions of this Subsection (2) apply to any:
4369 (i) licensee under this chapter whose license authorizes the licensee to perform the
4370 work described in Subsection (2)(a); and
4371 (ii) person exempt from licensure under Subsection 58-55-305[
4372 (c) Any person described in Subsection (2)(b) that performs work described in
4373 Subsection (2)(a):
4374 (i) must first receive training and certification as specified in rules adopted by the
4375 commission, with the concurrence of the director, in accordance with Title 63G, Chapter 3,
4376 Utah Administrative Rulemaking Act; and
4377 (ii) shall ensure that any employee authorized under other provisions of this chapter to
4378 perform work described in Subsection (2)(a) has first received training and certification as
4379 specified in rules adopted by the division.
4380 (d) The division may exempt from the training requirements adopted under Subsection
4381 (2)(c) a person that has adequate experience, as determined by the division.
4382 (3) The division may exempt the following individuals from the certification
4383 requirements adopted under Subsection (2)(c):
4384 (a) a person who has passed a test equivalent to the level of testing required by the
4385 division for certification, or has completed an apprenticeship program that teaches the
4386 installation of gas line appliances and is approved by the Federal Bureau of Apprenticeship
4387 Training; and
4388 (b) a person working under the immediate one-to-one supervision of a certified natural
4389 gas technician or a person exempt from certification.
4390 (4) (a) The work and scope of practice covered by this Subsection (4) is the
4391 installation, repair, maintenance, or replacement of an automatic fire sprinkler system.
4392 (b) The provisions of this Subsection (4) apply to an individual acting as a qualifier for
4393 a business entity in accordance with Section 58-55-304, where the business entity seeks to
4394 perform the work described in Subsection (4)(a).
4395 (c) Before a business entity described in Subsection (4)(b) may perform the work
4396 described in Subsection (4)(a), the qualifier for the business entity shall:
4397 (i) be a licensed general building contractor; or
4398 (ii) obtain a certification in fire sprinkler fitting from the division by providing
4399 evidence to the division that the qualifier has met the following requirements:
4400 (A) completing a Department of Labor federally approved apprentice training program
4401 or completing two-years experience under the immediate supervision of a licensee who has
4402 obtained a certification in fire sprinkler fitting; and
4403 (B) passing the Star fire sprinklerfitting mastery examination offered by the National
4404 Inspection Testing and Certification Corporation or an equivalent examination approved by the
4405 division.
4406 (d) The division may also issue a certification in fire sprinkler fitting to a qualifier for a
4407 business entity who has received training and experience equivalent to the requirements of
4408 Subsection (4)(c), as specified in rules adopted by the commission, with the concurrence of the
4409 director, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
4410 (5) This section does not prohibit a licensed specialty contractor from accepting and
4411 entering into a contract involving the use of two or more crafts or trades if the performance of
4412 the work in the crafts or trades, other than that in which the contractor is licensed, is incidental
4413 and supplemental to the work for which the contractor is licensed.
4414 Section 70. Section 58-55-401 is amended to read:
4415 58-55-401. Grounds for denial of license and disciplinary proceedings.
4416 (1) In accordance with Section 58-1-401, the division may:
4417 (a) refuse to issue a license to an applicant;
4418 (b) refuse to renew the license of a licensee;
4419 (c) revoke the right of a licensee to recover from the Residence Lien Recovery Fund
4420 created by Section 38-11-201;
4421 (d) revoke, suspend, restrict, or place on probation the license of a licensee;
4422 (e) issue a public or private reprimand to a licensee; and
4423 (f) issue a cease and desist order.
4424 (2) In addition to an action taken under Subsection (1), the division may take an action
4425 described in Subsection 58-1-401(2) in relation to a license as a contractor, if:
4426 (a) the applicant or licensee is an unincorporated entity; and
4427 (b) an individual who holds an ownership interest in or is the qualifier under Section
4428 58-55-304 of the applicant or licensee engages in:
4429 (i) unlawful conduct as described in Section 58-55-501; or
4430 (ii) unprofessional conduct as described in Section 58-55-502.
4431 Section 71. Section 58-55-501 is amended to read:
4432 58-55-501. Unlawful conduct.
4433 Unlawful conduct includes:
4434 (1) engaging in a construction trade, acting as a contractor, an alarm business or
4435 company, or an alarm company agent, or representing oneself to be engaged in a construction
4436 trade or to be acting as a contractor in a construction trade requiring licensure, unless the
4437 person doing any of these is appropriately licensed or exempted from licensure under this
4438 chapter;
4439 (2) acting in a construction trade, as an alarm business or company, or as an alarm
4440 company agent beyond the scope of the license held;
4441 (3) hiring or employing a person who is not licensed under this chapter to perform
4442 work on a project, unless the person:
4443 (a) is an employee of a person licensed under this chapter for wages; and
4444 (b) is not required to be licensed under this chapter;
4445 (4) applying for or obtaining a building permit either for oneself or another when not
4446 licensed or exempted from licensure as a contractor under this chapter;
4447 (5) issuing a building permit to any person for whom there is no evidence of a current
4448 license or exemption from licensure as a contractor under this chapter;
4449 (6) applying for or obtaining a building permit for the benefit of or on behalf of any
4450 other person who is required to be licensed under this chapter but who is not licensed or is
4451 otherwise not entitled to obtain or receive the benefit of the building permit;
4452 (7) failing to obtain a building permit when required by law or rule;
4453 (8) submitting a bid for any work for which a license is required under this chapter by a
4454 person not licensed or exempted from licensure as a contractor under this chapter;
4455 (9) willfully or deliberately misrepresenting or omitting a material fact in connection
4456 with an application to obtain or renew a license under this chapter;
4457 (10) allowing one's license to be used by another except as provided by statute or rule;
4458 (11) doing business under a name other than the name appearing on the license, except
4459 as permitted by statute or rule;
4460 (12) if licensed as a contractor in the electrical trade or plumbing trade, journeyman
4461 plumber, residential journeyman plumber, journeyman electrician, master electrician, or
4462 residential electrician, failing to directly supervise an apprentice under one's supervision or
4463 exceeding the number of apprentices one is allowed to have under the contractor's supervision;
4464 (13) if licensed as a contractor or representing oneself to be a contractor, receiving any
4465 funds in payment for a specific project from an owner or any other person, which funds are to
4466 pay for work performed or materials and services furnished for that specific project, and after
4467 receiving the funds to exercise unauthorized control over the funds by failing to pay the full
4468 amounts due and payable to persons who performed work or furnished materials or services
4469 within a reasonable period of time;
4470 (14) employing an unlicensed alarm business or company or an unlicensed individual
4471 as an alarm company agent, except as permitted under the exemption from licensure provisions
4472 under Section 58-1-307;
4473 (15) if licensed as an alarm company or alarm company agent, filing with the division
4474 fingerprint cards for an applicant which are not those of the applicant, or are in any other way
4475 false or fraudulent and intended to mislead the division in its consideration of the applicant for
4476 licensure;
4477 (16) if licensed under this chapter, willfully or deliberately disregarding or violating:
4478 (a) the building or construction laws of this state or any political subdivision;
4479 (b) the safety and labor laws applicable to a project;
4480 (c) any provision of the health laws applicable to a project;
4481 (d) the workers' compensation insurance laws of the state applicable to a project;
4482 (e) the laws governing withholdings for employee state and federal income taxes,
4483 unemployment taxes, Social Security payroll taxes, or other required withholdings; or
4484 (f) reporting, notification, and filing laws of this state or the federal government;
4485 [
4486
4487 [
4488 residences of up to two units when not currently registered or exempt from registration as a
4489 qualified beneficiary under Title 38, Chapter 11, Residence Lien Restriction and Lien Recovery
4490 Fund Act;
4491 [
4492 include in a written contract the notification required in Section 38-11-108;
4493 [
4494 Section 38-1a-308;
4495 [
4496 education required under Section 58-55-302.5;
4497 [
4498 Section 58-55-312 to engage in conduct on behalf of the company outside the scope of the
4499 temporary license, as provided in Subsection 58-55-312(3)(a)(ii);
4500 [
4501 engaging in conduct outside the scope of the temporary license, as provided in Subsection
4502 58-55-312(3)(a)(ii);
4503 [
4504 who owns an interest in the unincorporated entity engage in a construction trade in Utah while
4505 not lawfully present in the United States; or
4506 (b) an unincorporated entity providing labor to an entity licensed under this chapter by
4507 providing an individual who owns an interest in the unincorporated entity to engage in a
4508 construction trade in Utah while not lawfully present in the United States;
4509 [
4510 who engages, or will engage, in a construction trade in Utah for the unincorporated entity, or
4511 for an individual who engages, or will engage, in a construction trade in Utah for a separate
4512 entity for which the unincorporated entity provides the individual as labor:
4513 (a) workers' compensation coverage:
4514 (i) to the extent required by Title 34A, Chapter 2, Workers' Compensation Act, and
4515 Title 34A, Chapter 3, Utah Occupational Disease Act; or
4516 (ii) that would be required under the chapters listed in Subsection [
4517 the unincorporated entity were licensed under this chapter; and
4518 (b) unemployment compensation in accordance with Title 35A, Chapter 4,
4519 Employment Security Act, for an individual who owns, directly or indirectly, less than an 8%
4520 interest in the unincorporated entity, as defined by rule made by the division in accordance with
4521 Title 63G, Chapter 3, Utah Administrative Rulemaking Act;
4522 [
4523 advertising sign contractor, as classified and defined in division rules, to:
4524 (a) display the contractor's license number prominently on a vehicle that:
4525 (i) the contractor uses; and
4526 (ii) displays the contractor's business name; or
4527 (b) carry a copy of the contractor's license in any other vehicle that the contractor uses
4528 at a job site, whether or not the vehicle is owned by the contractor;
4529 [
4530 who owns an interest in the unincorporated entity engage in a construction trade in the state
4531 while the individual is using a Social Security number that does not belong to that individual;
4532 or
4533 (b) an unincorporated entity providing labor to an entity licensed under this chapter by
4534 providing an individual, who owns an interest in the unincorporated entity, to engage in a
4535 construction trade in the state while the individual is using a Social Security number that does
4536 not belong to that individual;
4537 [
4538 subdivision, state agency, or board of education under Section 58-55-310; or
4539 [
4540 58-55-605.
4541 Section 72. Section 58-55-503 is amended to read:
4542 58-55-503. Penalty for unlawful conduct -- Citations.
4543 (1) (a) (i) A person who violates Subsection 58-55-308(2), Subsection 58-55-501(1),
4544 (2), (3), (4), (5), (6), (7), (9), (10), (12), (14), (15), (21), (22), (23), (24), (25), (26), (27), or
4545 (28), [
4546 this section after it is final, is guilty of a class A misdemeanor.
4547 (ii) As used in this section in reference to Subsection 58-55-504(2), "person" means an
4548 individual and does not include a sole proprietorship, joint venture, corporation, limited
4549 liability company, association, or organization of any type.
4550 (b) A person who violates the provisions of Subsection 58-55-501(8) may not be
4551 awarded and may not accept a contract for the performance of the work.
4552 (2) A person who violates the provisions of Subsection 58-55-501(13) is guilty of an
4553 infraction unless the violator did so with the intent to deprive the person to whom money is to
4554 be paid of the money received, in which case the violator is guilty of theft, as classified in
4555 Section 76-6-412.
4556 (3) Grounds for immediate suspension of a licensee's license by the division and the
4557 commission include:
4558 (a) the issuance of a citation for violation of Subsection 58-55-308(2), Section
4559 58-55-501, or Subsection 58-55-504(2); and
4560 (b) the failure by a licensee to make application to, report to, or notify the division with
4561 respect to any matter for which application, notification, or reporting is required under this
4562 chapter or rules adopted under this chapter, including:
4563 (i) applying to the division for a new license to engage in a new specialty classification
4564 or to do business under a new form of organization or business structure;
4565 (ii) filing a current financial statement with the division; and
4566 (iii) notifying the division concerning loss of insurance coverage or change in qualifier.
4567 (4) (a) If upon inspection or investigation, the division concludes that a person has
4568 violated the provisions of Subsection 58-55-308(2), Subsection 58-55-501(1), (2), (3), (9),
4569 (10), (12), (14), [
4570 Subsection 58-55-504(2), or any rule or order issued with respect to these subsections, and that
4571 disciplinary action is appropriate, the director or the director's designee from within the
4572 division shall promptly issue a citation to the person according to this chapter and any pertinent
4573 rules, attempt to negotiate a stipulated settlement, or notify the person to appear before an
4574 adjudicative proceeding conducted under Title 63G, Chapter 4, Administrative Procedures Act.
4575 (i) A person who is in violation of the provisions of Subsection 58-55-308(2),
4576 Subsection 58-55-501(1), (2), (3), (9), (10), (12), (14), [
4577 (25), (26), (27), or (28), [
4578 citation, a stipulated settlement, or by a finding of violation in an adjudicative proceeding, may
4579 be assessed a fine pursuant to this Subsection (4) and may, in addition to or in lieu of, be
4580 ordered to cease and desist from violating Subsection 58-55-308(2), Subsection 58-55-501(1),
4581 (2), (3), (9), (10), (12), [
4582 Subsection 58-55-504(2).
4583 (ii) Except for a cease and desist order, the licensure sanctions cited in Section
4584 58-55-401 may not be assessed through a citation.
4585 (b) (i) A citation shall be in writing and describe with particularity the nature of the
4586 violation, including a reference to the provision of the chapter, rule, or order alleged to have
4587 been violated.
4588 (ii) A citation shall clearly state that the recipient must notify the division in writing
4589 within 20 calendar days of service of the citation if the recipient wishes to contest the citation
4590 at a hearing conducted under Title 63G, Chapter 4, Administrative Procedures Act.
4591 (iii) A citation shall clearly explain the consequences of failure to timely contest the
4592 citation or to make payment of any fines assessed by the citation within the time specified in
4593 the citation.
4594 (c) A citation issued under this section, or a copy of a citation, may be served upon a
4595 person upon whom a summons may be served:
4596 (i) in accordance with the Utah Rules of Civil Procedure;
4597 (ii) personally or upon the person's agent by a division investigator or by a person
4598 specially designated by the director; or
4599 (iii) by mail.
4600 (d) (i) If within 20 calendar days after the day on which a citation is served, the person
4601 to whom the citation was issued fails to request a hearing to contest the citation, the citation
4602 becomes the final order of the division and is not subject to further agency review.
4603 (ii) The period to contest a citation may be extended by the division for cause.
4604 (e) The division may refuse to issue or renew, suspend, revoke, or place on probation
4605 the license of a licensee who fails to comply with a citation after it becomes final.
4606 (f) The failure of an applicant for licensure to comply with a citation after it becomes
4607 final is a ground for denial of license.
4608 (g) A citation may not be issued under this section after the expiration of [
4609
4610 is the subject of the citation is reported to the division.
4611 (h) Except as provided in Subsection (5), the director or the director's designee shall
4612 assess a fine in accordance with the following:
4613 (i) for a first offense handled pursuant to Subsection (4)(a), a fine of up to $1,000;
4614 (ii) for a second offense handled pursuant to Subsection (4)(a), a fine of up to $2,000;
4615 and
4616 (iii) for any subsequent offense handled pursuant to Subsection (4)(a), a fine of up to
4617 $2,000 for each day of continued offense.
4618 (i) (i) For purposes of issuing a final order under this section and assessing a fine under
4619 Subsection (4)(h), an offense constitutes a second or subsequent offense if:
4620 (A) the division previously issued a final order determining that a person committed a
4621 first or second offense in violation of Subsection 58-55-308(2), Subsection 58-55-501(1), (2),
4622 (3), (9), (10), (12), (14), [
4623 58-55-504(2); or
4624 (B) (I) the division initiated an action for a first or second offense;
4625 (II) a final order has not been issued by the division in the action initiated under
4626 Subsection (4)(i)(i)(B)(I);
4627 (III) the division determines during an investigation that occurred after the initiation of
4628 the action under Subsection (4)(i)(i)(B)(I) that the person committed a second or subsequent
4629 violation of the provisions of Subsection 58-55-308(2), Subsection 58-55-501(1), (2), (3), (9),
4630 (10), (12), (14), [
4631 58-55-504(2); and
4632 (IV) after determining that the person committed a second or subsequent offense under
4633 Subsection (4)(i)(i)(B)(III), the division issues a final order on the action initiated under
4634 Subsection (4)(i)(i)(B)(I).
4635 (ii) In issuing a final order for a second or subsequent offense under Subsection
4636 (4)(i)(i), the division shall comply with the requirements of this section.
4637 (j) In addition to any other licensure sanction or fine imposed under this section, the
4638 division shall revoke the license of a licensee that violates Subsection 58-55-501(23) or (24)
4639 [
4640 Subsection 58-55-501[
4641 verified the federal legal working status of the individual who was the subject of the violation
4642 using a status verification system, as defined in Section 13-47-102.
4643 (k) For purposes of this Subsection (4), a violation of Subsection 58-55-501(23) or (24)
4644 [
4645 (5) If a person violates Section 58-55-501, the division may not treat the violation as a
4646 subsequent violation of a previous violation if the violation occurs five years or more after the
4647 day on which the person committed the previous violation.
4648 (6) If, after an investigation, the division determines that a person has committed
4649 multiple of the same type of violation of Section 58-55-501, the division may treat each
4650 violation as a separate violation of Section 58-55-501 and apply a penalty under this section to
4651 each violation.
4652 (7) (a) A penalty imposed by the director under Subsection (4)(h) shall be deposited
4653 into the Commerce Service Account created by Section 13-1-2.
4654 (b) A penalty that is not paid may be collected by the director by either referring the
4655 matter to a collection agency or bringing an action in the district court of the county in which
4656 the person against whom the penalty is imposed resides or in the county where the office of the
4657 director is located.
4658 (c) A county attorney or the attorney general of the state shall provide legal assistance
4659 and advice to the director in an action to collect a penalty.
4660 (d) In an action brought to collect a penalty, the court shall award reasonable attorney
4661 fees and costs to the prevailing party.
4662 Section 73. Section 58-56-9.5 is amended to read:
4663 58-56-9.5. Penalty for unlawful conduct -- Citations.
4664 (1) A person who violates a provision of Section 58-56-9.1 or who fails to comply with
4665 a citation issued under this section after it is final is guilty of a class A misdemeanor.
4666 (2) Grounds for immediate suspension of a licensee's license by the division under this
4667 chapter include:
4668 (a) the issuance of a citation for violation of a provision of Section 58-56-9.1 or
4669 58-56-9.3; and
4670 (b) failure by a licensee to make application to, report to, or notify the division with
4671 respect to a matter for which application, notification, or reporting is required under this
4672 chapter or rules made under this chapter by the division.
4673 (3) (a) If upon inspection or investigation, the division concludes that a person has
4674 violated a provision of Section 58-56-9.1 or 58-56-9.3, or a rule or order issued with respect to
4675 that section, and that disciplinary action is appropriate, the director or the director's designee
4676 from within the division shall:
4677 (i) promptly issue a citation to the person according to this chapter and any pertinent
4678 rules;
4679 (ii) attempt to negotiate a stipulated settlement; or
4680 (iii) notify the person to appear before an adjudicative proceeding conducted under
4681 Title 63G, Chapter 4, Administrative Procedures Act.
4682 (b) (i) A person who violates a provision of Section 58-56-9.1 or 58-56-9.3, as
4683 evidenced by an uncontested citation, a stipulated settlement, or by a finding of violation in an
4684 adjudicative proceeding, may be assessed a fine under this Subsection (3)(b) and may, in
4685 addition to or instead of the fine, be ordered by the division to cease from violating the
4686 provision.
4687 (ii) Except as otherwise provided in Subsection (2)(a), the division may not assess
4688 licensure sanctions referred to in Subsection 58-56-9(1)(c) through a citation.
4689 (c) (i) Each citation shall be in writing and describe with particularity the nature of the
4690 violation, including a reference to the provision of the chapter, rule, or order alleged to have
4691 been violated.
4692 (ii) The citation shall clearly state that the recipient must notify the division in writing
4693 within 20 calendar days of service of the citation if the recipient wishes to contest the citation
4694 at a hearing conducted under Title 63G, Chapter 4, Administrative Procedures Act.
4695 (iii) The citation shall clearly explain the consequences of failure to timely contest the
4696 citation or to make payment of any fines assessed by the citation within the time specified in
4697 the citation.
4698 (d) Each citation issued under this section, or a copy of each citation, may be served
4699 upon any person upon whom a summons may be served:
4700 (i) in accordance with the Utah Rules of Civil Procedure;
4701 (ii) personally or upon the person's agent by a division investigator or by any person
4702 specially designated by the director; or
4703 (iii) by mail.
4704 (e) (i) If within 20 calendar days from the service of a citation, the person to whom the
4705 citation was issued fails to request a hearing to contest the citation, the citation becomes the
4706 final order of the division and is not subject to further agency review.
4707 (ii) The period to contest a citation may be extended by the division for cause.
4708 (f) The division may refuse to issue or renew, suspend, revoke, or place on probation
4709 the license of a licensee who fails to comply with a citation after it becomes final.
4710 (g) The failure of an applicant for licensure to comply with a citation after it becomes
4711 final is a ground for denial of a license.
4712 (h) No citation may be issued under this section after the expiration of [
4713
4714 that is the subject of the citation is reported to the division.
4715 (i) The director or the director's designee may assess fines for violations of Section
4716 58-56-9.1 or 58-56-9.3 as follows:
4717 (i) for a first offense determined under this Subsection (3), a fine of up to $1,000;
4718 (ii) for a second offense, a fine of up to $2,000; and
4719 (iii) for any subsequent offense, a fine of up to $2,000 for each day of continued
4720 offense.
4721 (j) For the purposes of issuing a final order under this section and assessing a fine
4722 under Subsection (3)(i), an offense constitutes a second or subsequent offense if:
4723 (i) the division previously issued a final order determining that a person committed a
4724 first or second offense in violation of a provision of Section 58-56-9.1; or
4725 (ii) (A) the division initiated an action for a first or second offense;
4726 (B) no final order has been issued by the division in the action initiated under
4727 Subsection (3)(j)(ii)(A);
4728 (C) the division determines during an investigation that occurred after the initiation of
4729 the action under Subsection (3)(j)(ii)(A) that the person committed a second or subsequent
4730 violation of a provision of Section 58-56-9.1; and
4731 (D) after determining that the person committed a second or subsequent offense under
4732 Subsection (3)(j)(ii)(C), the division issues a final order on the action initiated under
4733 Subsection (3)(j)(ii)(A).
4734 (k) In issuing a final order for a second or subsequent offense under Subsection (3)(j),
4735 the division shall comply with the requirements of this section.
4736 (4) (a) Proceeds from a fine imposed under Subsection (3)(i) shall be deposited in the
4737 Commerce Service Account created by Section 13-1-2.
4738 (b) The director may collect a fine that is not paid by:
4739 (i) referring the matter to a collection agency; or
4740 (ii) bringing an action in the district court of the county where the person against whom
4741 the penalty is imposed resides or in the county where the office of the director is located.
4742 (c) A county attorney or the attorney general of the state shall provide legal assistance
4743 and advice to the director in an action to collect a penalty.
4744 (d) A court shall award reasonable attorney fees and costs to the prevailing party in an
4745 action brought by the division to collect a penalty.
4746 Section 74. Section 58-57-4 is amended to read:
4747 58-57-4. Qualifications for a license.
4748 (1) The division shall issue a respiratory care practitioner license to an applicant who
4749 meets the requirements specified in this section.
4750 (2) An applicant seeking licensure as a respiratory care practitioner shall:
4751 (a) submit an application on a form prescribed by the division;
4752 (b) pay a fee as determined by the department pursuant to Section 63J-1-504;
4753 [
4754 [
4755 division in collaboration with the board;
4756 [
4757 accredited by a nationally accredited organization acceptable to the division as defined by rule;
4758 and
4759 [
4760 Section 75. Section 58-60-109 is amended to read:
4761 58-60-109. Unlawful conduct.
4762 As used in this chapter, "unlawful conduct" includes:
4763 (1) practice of the following unless licensed in the appropriate classification or
4764 exempted from licensure under this title:
4765 (a) mental health therapy;
4766 (b) clinical social work;
4767 (c) certified social work;
4768 (d) marriage and family therapy;
4769 (e) clinical mental health counselor;
4770 (f) practice as a social service worker; or
4771 (g) substance use disorder counselor;
4772 (2) practice of mental health therapy by a licensed psychologist who has not acceptably
4773 documented to the division the licensed psychologist's completion of the supervised training in
4774 mental health therapy required under Subsection 58-61-304(1)[
4775 (3) representing oneself as, or using the title of, the following:
4776 (a) unless currently licensed in a license classification under this title:
4777 (i) psychiatrist;
4778 (ii) psychologist;
4779 (iii) registered psychiatric mental health nurse specialist;
4780 (iv) mental health therapist;
4781 (v) clinical social worker;
4782 (vi) certified social worker;
4783 (vii) marriage and family therapist;
4784 (viii) clinical mental health counselor;
4785 (ix) social service worker;
4786 (x) substance use disorder counselor;
4787 (xi) associate clinical mental health counselor; or
4788 (xii) associate marriage and family therapist; or
4789 (b) unless currently in possession of the credentials described in Subsection (4), social
4790 worker.
4791 (4) An individual may represent oneself as a, or use the title of, social worker if the
4792 individual possesses certified transcripts from an accredited institution of higher education,
4793 recognized by the division in collaboration with the Social Work Licensing Board, verifying
4794 satisfactory completion of an education and an earned degree as follows:
4795 (a) a bachelor's or master's degree in a social work program accredited by the Council
4796 on Social Work Education or by the Canadian Association of Schools of Social Work; or
4797 (b) a doctoral degree that contains a clinical social work concentration and practicum
4798 approved by the division, by rule, in accordance with Title 63G, Chapter 3, Utah
4799 Administrative Rulemaking Act, that is consistent with Section 58-1-203.
4800 Section 76. Section 58-60-115 is amended to read:
4801 58-60-115. License by endorsement.
4802 The division shall issue a license by endorsement under this chapter to a person who:
4803 (1) submits an application on a form provided by the division;
4804 (2) pays a fee determined by the department under Section 63J-1-504;
4805 (3) provides documentation of current licensure in good standing in a state, district, or
4806 territory of the United States to practice in the profession for which licensure is being sought;
4807 (4) except as provided in Subsection (5), provides documentation that the person has
4808 engaged in the lawful practice of the profession for which licensure is sought for at least 4,000
4809 hours, of which 1,000 hours are in mental health therapy;
4810 (5) if applying for a license to practice as a licensed substance use disorder counselor,
4811 provides documentation that the person:
4812 (a) has engaged in the lawful practice of the profession for at least 4,000 hours; and
4813 (b) has passed an examination approved by the division, by rule, to establish
4814 proficiency in the profession;
4815 (6) has passed the profession specific jurisprudence examination if required of a new
4816 applicant; and
4817 (7) is of good [
4818 action pending or in effect against the applicant's license in any jurisdiction.
4819 Section 77. Section 58-60-117 is amended to read:
4820 58-60-117. Externship licenses.
4821 (1) The division shall issue a temporary license under Part 2, Social Worker Licensing
4822 Act, Part 3, Marriage and Family Therapist Licensing Act, or Part 4, Clinical Mental Health
4823 Counselor Licensing Act, of this chapter to a person who:
4824 (a) submits an application for licensure under Part 2, Social Worker Licensing Act,
4825 Part 3, Marriage and Family Therapist Licensing Act, or Part 4, Clinical Mental Health
4826 Counselor Licensing Act;
4827 (b) pays a fee determined by the department under Section 63J-1-504;
4828 (c) holds an earned doctoral degree or master's degree in a discipline that is a
4829 prerequisite for practice as a mental health therapist;
4830 (d) has a deficiency, as defined by division rule, in course work;
4831 (e) provides mental health therapy as an employee of a public or private organization,
4832 which provides mental health therapy, while under the supervision of a person licensed under
4833 this chapter; and
4834 (f) [
4835 against the applicant in connection with the practice of mental health therapy, in any
4836 jurisdiction.
4837 (2) A temporary license issued under this section shall expire upon the earlier of:
4838 (a) issuance of the license applied for; or
4839 (b) unless the deadline is extended for good cause as determined by the division, three
4840 years from the date the temporary license was issued.
4841 (3) The temporary license issued under this section is an externship license.
4842 Section 78. Section 58-60-205 is amended to read:
4843 58-60-205. Qualifications for licensure or certification as a clinical social worker,
4844 certified social worker, and social service worker.
4845 (1) An applicant for licensure as a clinical social worker shall:
4846 (a) submit an application on a form provided by the division;
4847 (b) pay a fee determined by the department under Section 63J-1-504;
4848 [
4849 [
4850 recognized by the division in collaboration with the board verifying satisfactory completion of
4851 an education and an earned degree as follows:
4852 (i) a master's degree in a social work program accredited by the Council on Social
4853 Work Education or by the Canadian Association of Schools of Social Work; or
4854 (ii) a doctoral degree that contains a clinical social work concentration and practicum
4855 approved by the division, by rule, in accordance with Title 63G, Chapter 3, Utah
4856 Administrative Rulemaking Act, that is consistent with Section 58-1-203;
4857 [
4858 defined by division rule under Section 58-1-203:
4859 (i) in not less than two years;
4860 (ii) under the supervision of a supervisor approved by the division in collaboration with
4861 the board who is a:
4862 (A) clinical mental health counselor;
4863 (B) psychiatrist;
4864 (C) psychologist;
4865 (D) registered psychiatric mental health nurse practitioner;
4866 (E) marriage and family therapist; or
4867 (F) clinical social worker; and
4868 (iii) including a minimum of two hours of training in suicide prevention via a course
4869 that the division designates as approved;
4870 [
4871 training in mental health therapy obtained after completion of the education requirement in
4872 Subsection [
4873 in Subsection [
4874 100 of the hours were obtained under the direct supervision, as defined by rule, of a supervisor
4875 described in Subsection [
4876 [
4877 with a clinical practicum in content as defined by rule under Section 58-1-203; and
4878 [
4879 (2) An applicant for licensure as a certified social worker shall:
4880 (a) submit an application on a form provided by the division;
4881 (b) pay a fee determined by the department under Section 63J-1-504;
4882 [
4883 [
4884 recognized by the division in collaboration with the board verifying satisfactory completion of
4885 an education and an earned degree as follows:
4886 (i) a master's degree in a social work program accredited by the Council on Social
4887 Work Education or by the Canadian Association of Schools of Social Work; or
4888 (ii) a doctoral degree that contains a clinical social work concentration and practicum
4889 approved by the division, by rule, in accordance with Title 63G, Chapter 3, Utah
4890 Administrative Rulemaking Act, that is consistent with Section 58-1-203; and
4891 [
4892 (3) (a) An applicant for certification as a certified social worker intern shall meet the
4893 requirements of Subsections (2)(a), (b), [
4894 (b) Certification under Subsection (3)(a) is limited to the time necessary to pass the
4895 examination required under Subsection [
4896 (c) A certified social worker intern may provide mental health therapy under the
4897 general supervision, as defined by rule, of a supervisor described in Subsection [
4898 (1)(d)(ii).
4899 (4) An applicant for licensure as a social service worker shall:
4900 (a) submit an application on a form provided by the division;
4901 (b) pay a fee determined by the department under Section 63J-1-504;
4902 [
4903 [
4904 recognized by the division in collaboration with the board verifying satisfactory completion of
4905 an education and an earned degree as follows:
4906 (i) a bachelor's degree in a social work program accredited by the Council on Social
4907 Work Education or by the Canadian Association of Schools of Social Work;
4908 (ii) a master's degree in a field approved by the division in collaboration with the
4909 board;
4910 (iii) a bachelor's degree in any field if the applicant:
4911 (A) has completed at least three semester hours, or the equivalent, in each of the
4912 following areas:
4913 (I) social welfare policy;
4914 (II) human growth and development; and
4915 (III) social work practice methods, as defined by rule; and
4916 (B) provides documentation that the applicant has completed at least 2,000 hours of
4917 qualifying experience under the supervision of a mental health therapist, which experience is
4918 approved by the division in collaboration with the board, and which is performed after
4919 completion of the requirements to obtain the bachelor's degree required under this Subsection
4920 (4); or
4921 (iv) successful completion of the first academic year of a Council on Social Work
4922 Education approved master's of social work curriculum and practicum; and
4923 [
4924 (5) The division shall ensure that the rules for an examination described under
4925 Subsections [
4926 complete the examination if requested by an applicant who is:
4927 (a) a foreign born legal resident of the United States for whom English is a second
4928 language; or
4929 (b) an enrolled member of a federally recognized Native American tribe.
4930 Section 79. Section 58-60-207 is amended to read:
4931 58-60-207. Scope of practice -- Limitations.
4932 (1) (a) A clinical social worker may engage in all acts and practices defined as the
4933 practice of clinical social work without supervision, in private and independent practice, or as
4934 an employee of another person, limited only by the licensee's education, training, and
4935 competence.
4936 (b) A clinical social worker may not supervise more than six individuals who are
4937 lawfully engaged in training for the practice of mental health therapy, unless granted an
4938 exception in writing from the division in collaboration with the board.
4939 (2) To the extent an individual is professionally prepared by the education and training
4940 track completed while earning a master's or doctor of social work degree, a licensed certified
4941 social worker may engage in all acts and practices defined as the practice of certified social
4942 work consistent with the licensee's education, clinical training, experience, and competence:
4943 (a) under supervision of an individual described in Subsection 58-60-205(1)[
4944 and as an employee of another person when engaged in the practice of mental health therapy;
4945 (b) without supervision and in private and independent practice or as an employee of
4946 another person, if not engaged in the practice of mental health therapy;
4947 (c) including engaging in the private, independent, unsupervised practice of social
4948 work as a self-employed individual, in partnership with other mental health therapists, as a
4949 professional corporation, or in any other capacity or business entity, so long as he does not
4950 practice unsupervised psychotherapy; and
4951 (d) supervising social service workers as provided by division rule.
4952 Section 80. Section 58-60-305 is amended to read:
4953 58-60-305. Qualifications for licensure.
4954 (1) All applicants for licensure as marriage and family therapists shall:
4955 (a) submit an application on a form provided by the division;
4956 (b) pay a fee determined by the department under Section 63J-1-504;
4957 [
4958 [
4959 degree in marriage and family therapy from:
4960 (i) a program accredited by the Commission on Accreditation for Marriage and Family
4961 Therapy Education; or
4962 (ii) an accredited institution meeting criteria for approval established by rule under
4963 Section 58-1-203;
4964 [
4965 training as defined by division rule under Section 58-1-203:
4966 (i) in not less than two years;
4967 (ii) under the supervision of a mental health therapist supervisor who meets the
4968 requirements of Section 58-60-307;
4969 (iii) obtained after completion of the education requirement in Subsection [
4970 (1)(c); and
4971 (iv) including a minimum of two hours of training in suicide prevention via a course
4972 that the division designates as approved;
4973 [
4974 training in mental health therapy obtained after completion of the education requirement
4975 described in Subsection [
4976 included as part of the 4,000 hours of training described in Subsection [
4977 which documented evidence demonstrates not less than 100 of the supervised hours were
4978 obtained during direct, personal supervision, as defined by rule, by a mental health therapist
4979 supervisor qualified under Section 58-60-307; and
4980 [
4981 58-1-203.
4982 (2) (a) All applicants for licensure as an associate marriage and family therapist shall
4983 comply with the provisions of Subsections [
4984 (b) An individual's license as an associate marriage and family therapist is limited to
4985 the period of time necessary to complete clinical training as described in Subsections [
4986
4987 requirement for training is completed, unless the individual presents satisfactory evidence to
4988 the division and the appropriate board that the individual is making reasonable progress toward
4989 passing of the qualifying examination for that profession or is otherwise on a course reasonably
4990 expected to lead to licensure, but the period of time under this Subsection (2)(b) may not
4991 exceed two years past the date the minimum supervised clinical training requirement has been
4992 completed.
4993 Section 81. Section 58-60-305.5 is amended to read:
4994 58-60-305.5. Qualification for licensure before May 1, 2000.
4995 (1) A person who was licensed under this chapter as of May 1, 2000, may apply for
4996 renewal of licensure without being required to fulfill the educational requirements described in
4997 Subsection 58-60-305(1)[
4998 (2) A person who seeks licensure under this chapter before July 1, 2002, need comply
4999 only with the licensure requirements in effect before May 1, 2000.
5000 Section 82. Section 58-60-308 is amended to read:
5001 58-60-308. Scope of practice -- Limitations.
5002 (1) A licensed marriage and family therapist may engage in all acts and practices
5003 defined as the practice of marriage and family therapy without supervision, in private and
5004 independent practice, or as an employee of another person, limited only by the licensee's
5005 education, training, and competence.
5006 (2) (a) To the extent an individual has completed the educational requirements of
5007 Subsection 58-60-305(1)[
5008 in all acts and practices defined as the practice of marriage and family therapy if the practice is:
5009 (i) within the scope of employment as a licensed associate marriage and family
5010 therapist with a public agency or a private clinic as defined by division rule; and
5011 (ii) under the supervision of a licensed mental health therapist who is qualified as a
5012 supervisor under Section 58-60-307.
5013 (b) A licensed associate marriage and family therapist may not engage in the
5014 independent practice of marriage and family therapy.
5015 Section 83. Section 58-60-405 is amended to read:
5016 58-60-405. Qualifications for licensure.
5017 (1) An applicant for licensure as a clinical mental health counselor shall:
5018 (a) submit an application on a form provided by the division;
5019 (b) pay a fee determined by the department under Section 63J-1-504;
5020 [
5021 [
5022 recognized by the division in collaboration with the board verifying satisfactory completion of:
5023 (i) an education and degree in an education program in counseling with a core
5024 curriculum defined by division rule under Section 58-1-203 preparing one to competently
5025 engage in mental health therapy; and
5026 (ii) an earned doctoral or master's degree resulting from that education program;
5027 [
5028 training as defined by division rule under Section 58-1-203:
5029 (i) in not less than two years;
5030 (ii) under the supervision of a clinical mental health counselor, psychiatrist,
5031 psychologist, clinical social worker, registered psychiatric mental health nurse specialist, or
5032 marriage and family therapist supervisor approved by the division in collaboration with the
5033 board;
5034 (iii) obtained after completion of the education requirement in Subsection (1)[
5035 and
5036 (iv) including a minimum of two hours of training in suicide prevention via a course
5037 that the division designates as approved;
5038 [
5039 training in mental health therapy obtained after completion of the education requirement in
5040 Subsection [
5041 in Subsection [
5042 100 of the hours were obtained under the direct supervision of a mental health therapist, as
5043 defined by rule; and
5044 [
5045 58-1-203.
5046 (2) (a) An applicant for licensure as an associate clinical mental health counselor shall
5047 comply with the provisions of Subsections [
5048 (b) Except as provided under Subsection (2)(c), an individual's licensure as an
5049 associate clinical mental health counselor is limited to the period of time necessary to complete
5050 clinical training as described in Subsections [
5051 than one year from the date the minimum requirement for training is completed.
5052 (c) The time period under Subsection (2)(b) may be extended to a maximum of two
5053 years past the date the minimum supervised clinical training requirement has been completed,
5054 if the applicant presents satisfactory evidence to the division and the appropriate board that the
5055 individual is:
5056 (i) making reasonable progress toward passing of the qualifying examination for that
5057 profession; or
5058 (ii) otherwise on a course reasonably expected to lead to licensure.
5059 Section 84. Section 58-60-407 is amended to read:
5060 58-60-407. Scope of practice -- Limitations.
5061 (1) (a) A licensed clinical mental health counselor may engage in all acts and practices
5062 defined as the practice of clinical mental health counseling without supervision, in private and
5063 independent practice, or as an employee of another person, limited only by the licensee's
5064 education, training, and competence.
5065 (b) A licensed clinical mental health counselor may not supervise more than six
5066 individuals who are lawfully engaged in training for the practice of mental health therapy,
5067 unless granted an exception in writing from the division in collaboration with the board.
5068 (2) (a) To the extent an individual has completed the educational requirements of
5069 Subsection 58-60-305(1)[
5070 engage in all acts and practices defined as the practice of clinical mental health counseling if
5071 the practice is:
5072 (i) within the scope of employment as a licensed clinical mental health counselor with
5073 a public agency or private clinic as defined by division rule; and
5074 (ii) under supervision of a qualified licensed mental health therapist as defined in
5075 Section 58-60-102.
5076 (b) A licensed associate clinical mental health counselor may not engage in the
5077 independent practice of clinical mental health counseling.
5078 Section 85. Section 58-60-506 is amended to read:
5079 58-60-506. Qualifications for licensure.
5080 (1) An applicant for licensure under this part on and after July 1, 2012, must meet the
5081 following qualifications:
5082 (a) submit an application in a form prescribed by the division;
5083 (b) pay a fee determined by the department under Section 63J-1-504;
5084 [
5085 [
5086 and
5087 [
5088 certified advanced substance use disorder counselor intern, satisfy the examination requirement
5089 established by division rule under Section 58-1-203.
5090 (2) In accordance with division rules, an applicant for licensure as an advanced
5091 substance use disorder counselor shall produce:
5092 (a) certified transcripts from an accredited institution of higher education that:
5093 (i) meet division standards;
5094 (ii) verify the satisfactory completion of a baccalaureate or graduate degree; and
5095 (iii) verify the completion of prerequisite courses established by division rules;
5096 (b) documentation of the applicant's completion of a substance use disorder education
5097 program that includes:
5098 (i) at least 300 hours of substance use disorder related education, of which 200 hours
5099 may have been obtained while qualifying for a substance use disorder counselor license; and
5100 (ii) a supervised practicum of at least 350 hours, of which 200 hours may have been
5101 obtained while qualifying for a substance use disorder counselor license; and
5102 (c) documentation of the applicant's completion of at least 4,000 hours of supervised
5103 experience in substance use disorder treatment, of which 2,000 hours may have been obtained
5104 while qualifying for a substance use disorder counselor license, that:
5105 (i) meets division standards; and
5106 (ii) is performed within a four-year period after the applicant's completion of the
5107 substance use disorder education program described in Subsection (2)(b), unless, as determined
5108 by the division after consultation with the board, the time for performance is extended due to
5109 an extenuating circumstance.
5110 (3) An applicant for licensure as a certified advanced substance use disorder counselor
5111 shall meet the requirements in Subsections (2)(a) and (b).
5112 (4) (a) An applicant for licensure as a certified advanced substance use disorder
5113 counselor intern shall meet the requirements in Subsections (2)(a) and (b).
5114 (b) A certified advanced substance use disorder counselor intern license expires at the
5115 earlier of:
5116 (i) the licensee passing the examination required for licensure as a certified advanced
5117 substance use disorder counselor; or
5118 (ii) six months after the certified advanced substance use disorder counselor intern
5119 license is issued.
5120 (5) In accordance with division rules, an applicant for licensure as a substance use
5121 disorder counselor shall produce:
5122 (a) certified transcripts from an accredited institution that:
5123 (i) meet division standards;
5124 (ii) verify satisfactory completion of an associate's degree or equivalent as defined by
5125 the division in rule; and
5126 (iii) verify the completion of prerequisite courses established by division rules;
5127 (b) documentation of the applicant's completion of a substance use disorder education
5128 program that includes:
5129 (i) completion of at least 200 hours of substance use disorder related education;
5130 (ii) included in the 200 hours described in Subsection (5)(b)(i), a minimum of two
5131 hours of training in suicide prevention via a course that the division designates as approved;
5132 and
5133 (iii) completion of a supervised practicum of at least 200 hours; and
5134 (c) documentation of the applicant's completion of at least 2,000 hours of supervised
5135 experience in substance use disorder treatment that:
5136 (i) meets division standards; and
5137 (ii) is performed within a two-year period after the applicant's completion of the
5138 substance use disorder education program described in Subsection (5)(b), unless, as determined
5139 by the division after consultation with the board, the time for performance is extended due to
5140 an extenuating circumstance.
5141 (6) An applicant for licensure as a certified substance use disorder counselor shall meet
5142 the requirements of Subsections (5)(a) and (b).
5143 (7) (a) An applicant for licensure as a certified substance use disorder counselor intern
5144 shall meet the requirements of Subsections (5)(a) and (b).
5145 (b) A certified substance use disorder counselor intern license expires at the earlier of:
5146 (i) the licensee passing the examination required for licensure as a certified substance
5147 use disorder counselor; or
5148 (ii) six months after the certified substance use disorder counselor intern license is
5149 issued.
5150 Section 86. Section 58-61-304 is amended to read:
5151 58-61-304. Qualifications for licensure by examination or endorsement.
5152 (1) An applicant for licensure as a psychologist based upon education, clinical training,
5153 and examination shall:
5154 (a) submit an application on a form provided by the division;
5155 (b) pay a fee determined by the department under Section 63J-1-504;
5156 [
5157 [
5158 doctoral degree in psychology that includes specific core course work established by division
5159 rule under Section 58-1-203, from an institution of higher education whose doctoral program,
5160 at the time the applicant received the doctoral degree, met approval criteria established by
5161 division rule made in consultation with the board;
5162 [
5163 by division rule under Section 58-1-203 in not less than two years and under the supervision of
5164 a psychologist supervisor approved by the division in collaboration with the board;
5165 [
5166 completion of not less than 1,000 hours of supervised training in mental health therapy
5167 obtained after completion of a master's level of education in psychology, which training may be
5168 included as part of the 4,000 hours of training required in Subsection (1)[
5169 documented evidence demonstrates not less than one hour of supervision for each 40 hours of
5170 supervised training was obtained under the direct supervision of a psychologist, as defined by
5171 rule;
5172 [
5173 58-1-203; [
5174 (g) consent to a criminal background check in accordance with Section 58-61-304.1
5175 and any requirements established by rule made in accordance with Title 63G, Chapter 3, Utah
5176 Administrative Rulemaking Act; and
5177 (h) meet with the board, upon request for good cause, for the purpose of evaluating the
5178 applicant's qualifications for licensure.
5179 (2) An applicant for licensure as a psychologist by endorsement based upon licensure
5180 in another jurisdiction shall:
5181 (a) submit an application on a form provided by the division;
5182 (b) pay a fee determined by the department under Section 63J-1-504;
5183 (c) [
5184 disciplinary action pending or in effect against the applicant's psychologist license in any
5185 jurisdiction;
5186 (d) have passed the Utah Psychologist Law and Ethics Examination established by
5187 division rule;
5188 (e) provide satisfactory evidence the applicant is currently licensed in another state,
5189 district, or territory of the United States, or in any other jurisdiction approved by the division in
5190 collaboration with the board;
5191 (f) provide satisfactory evidence the applicant has actively practiced psychology in that
5192 jurisdiction for not less than 2,000 hours or one year, whichever is greater;
5193 (g) provide satisfactory evidence that:
5194 (i) the education, supervised experience, examination, and all other requirements for
5195 licensure in that jurisdiction at the time the applicant obtained licensure were substantially
5196 equivalent to the licensure requirements for a psychologist in Utah at the time the applicant
5197 obtained licensure in the other jurisdiction; or
5198 (ii) the applicant is:
5199 (A) a current holder of Board Certified Specialist status in good standing from the
5200 American Board of Professional Psychology;
5201 (B) currently credentialed as a health service provider in psychology by the National
5202 Register of Health Service Providers in Psychology; or
5203 (C) currently holds a Certificate of Professional Qualification (CPQ) granted by the
5204 Association of State and Provincial Psychology Boards; [
5205 (h) consent to a criminal background check in accordance with Section 58-61-304.1
5206 and any requirements established by rule made in accordance with Title 63G, Chapter 3, Utah
5207 Administrative Rulemaking Act; and
5208 [
5209 evaluating the applicant's qualifications for licensure.
5210 (3) (a) An applicant for certification as a psychology resident shall comply with the
5211 provisions of Subsections (1)(a), (b), (c), [
5212 (b) (i) An individual's certification as a psychology resident is limited to the period of
5213 time necessary to complete clinical training as described in Subsections [
5214 and (e) and extends not more than one year from the date the minimum requirement for
5215 training is completed, unless the individual presents satisfactory evidence to the division and
5216 the Psychologist Licensing Board that the individual is making reasonable progress toward
5217 passing the qualifying examination or is otherwise on a course reasonably expected to lead to
5218 licensure as a psychologist.
5219 (ii) The period of time under Subsection (3)(b)(i) may not exceed two years past the
5220 date the minimum supervised clinical training requirement has been completed.
5221 Section 87. Section 58-61-304.1 is enacted to read:
5222 58-61-304.1. Criminal background check.
5223 (1) An applicant for licensure under this chapter who requires a criminal background
5224 check shall:
5225 (a) submit fingerprint cards in a form acceptable to the division at the time the license
5226 application is filed; and
5227 (b) consent to a fingerprint background check conducted by the Bureau of Criminal
5228 Identification and the Federal Bureau of Investigation regarding the application.
5229 (2) The division shall:
5230 (a) in addition to other fees authorized by this chapter, collect from each applicant
5231 submitting fingerprints in accordance with this section the fee that the Bureau of Criminal
5232 Identification is authorized to collect for the services provided under Section 53-10-108 and the
5233 fee charged by the Federal Bureau of Investigation for fingerprint processing for the purpose of
5234 obtaining federal criminal history record information;
5235 (b) submit from each applicant the fingerprint card and the fees described in
5236 Subsection (2)(a) to the Bureau of Criminal Identification; and
5237 (c) obtain and retain in division records a signed waiver approved by the Bureau of
5238 Criminal Identification in accordance with Section 53-10-108 for each applicant.
5239 (3) The Bureau of Criminal Identification shall, in accordance with the requirements of
5240 Section 53-10-108:
5241 (a) check the fingerprints submitted under Subsection (2)(b) against the applicable state
5242 and regional criminal records databases;
5243 (b) forward the fingerprints to the Federal Bureau of Investigation for a national
5244 criminal history background check; and
5245 (c) provide the results from the state, regional, and nationwide criminal history
5246 background checks to the division.
5247 Ĥ→ [
5248 section, the division shall have direct access to criminal background information maintained
5249 under Title 53, Chapter 10, Part 2, Bureau of Criminal Identification.
5250 (5)
5251 record information that the division obtains from the Bureau of Criminal Identification or the
5252 Federal Bureau of Investigation under the criminal background check requirements of this
5253 section.
5254 Section 88. Section 58-61-501 is amended to read:
5255 58-61-501. Unlawful conduct.
5256 As used in this chapter, "unlawful conduct" includes:
5257 (1) practice of psychology unless licensed as a psychologist or certified psychology
5258 resident under this chapter or exempted from licensure under this title;
5259 (2) practice of mental health therapy by a licensed psychologist who has not acceptably
5260 documented to the division his completion of the supervised training in psychotherapy required
5261 under Subsection 58-61-304(1)[
5262 (3) representing oneself as or using the title of psychologist, or certified psychology
5263 resident unless currently licensed under this chapter.
5264 Section 89. Section 58-61-704 is amended to read:
5265 58-61-704. Term of license or registration.
5266 (1) (a) The division shall issue each license under this part with a two-year renewal
5267 cycle established by division rule.
5268 (b) The division may by rule extend or shorten a renewal cycle by as much as one year
5269 to stagger the renewal cycles it administers.
5270 (2) At the time of renewal, the licensed individual shall show satisfactory evidence of
5271 renewal requirements as required under this part.
5272 (3) Each license or registration expires on the expiration date shown on the license
5273 unless renewed by the licensed individual in accordance with Section 58-1-308.
5274 (4) (a) A registration as a registered behavior specialist or a registered assistant
5275 behavior specialist:
5276 (i) expires on the day the individual is no longer employed in accordance with
5277 Subsection [
5278 (ii) may not be renewed.
5279 (b) The Department of Human Services, or an organization contracted with a division
5280 of the Department of Human Services, shall notify the Division of Occupational and
5281 Professional Licensing when a person registered under this part is no longer employed as a
5282 registered behavior specialist or a registered assistant behavior specialist.
5283 Section 90. Section 58-61-705 is amended to read:
5284 58-61-705. Qualifications for licensure -- By examination -- By certification.
5285 (1) An applicant for licensure as a behavior analyst based upon education, supervised
5286 experience, and national examination shall:
5287 (a) submit an application on a form provided by the division;
5288 (b) pay a fee determined by the department under Section 63J-1-504;
5289 [
5290 [
5291 master's or doctoral degree in applied behavior analysis from an accredited institution of higher
5292 education or an equivalent master or doctorate degree as determined by the division by
5293 administrative rule;
5294 [
5295 1,500 hours of experiential behavior analysis training within a five year period of time with a
5296 qualified supervisor; and
5297 [
5298 58-1-203.
5299 (2) An applicant for licensure as a behavior analyst based upon certification shall:
5300 (a) without exception, on or before November 15, 2015, submit to the division an
5301 application on a form provided by the division;
5302 (b) pay a fee determined by the department under Section 63J-1-504; and
5303 [
5304 [
5305 behavior analyst from the Behavior Analyst Certification Board.
5306 (3) An applicant for licensure as an assistant behavior analyst based upon education,
5307 supervised experience, and national examination shall:
5308 (a) submit an application on a form provided by the division;
5309 (b) pay a fee determined by the department under Section 63J-1-504;
5310 [
5311 [
5312 bachelor's degree from an accredited institution of higher education and satisfactory completion
5313 of specific core course work in behavior analysis established under Section 58-1-203 from an
5314 accredited institution of higher education;
5315 [
5316 1,000 hours of experiential behavior analysis training within a five-year period of time with a
5317 qualified supervisor; and
5318 [
5319 58-1-203.
5320 (4) An applicant for licensure as an assistant behavior analyst based upon certification
5321 shall:
5322 (a) without exception, on or before November 15, 2015, submit to the division an
5323 application on a form provided by the division;
5324 (b) pay a fee determined by the department under Section 63J-1-504; and
5325 [
5326 [
5327 assistant behavior analyst from the Behavior Analyst Certification Board.
5328 (5) An applicant for registration as a behavior specialist based upon professional
5329 experience in behavior analysis shall:
5330 (a) without exception, on or before November 15, 2015, submit to the division, an
5331 application on a form provided by the division;
5332 (b) pay a fee determined by the department under Section 63J-1-504;
5333 [
5334 [
5335 of behavior analysis on or before May 15, 2015; and
5336 [
5337 within an organization contracted with a division of the Utah Department of Human Services to
5338 provide behavior analysis on or before July 1, 2015.
5339 (6) An applicant for registration as an assistant behavior specialist based upon
5340 professional experience in behavior analysis shall:
5341 (a) without exception, on or before November 15, 2015, submit to the division, an
5342 application on a form provided by the division;
5343 (b) pay a fee determined by the department under Section 63J-1-504;
5344 [
5345 [
5346 of behavior analysis prior to July 1, 2015; and
5347 [
5348 within an organization contracted with a division of the Utah Department of Human Services to
5349 provide behavior analysis on or before July 1, 2015.
5350 Section 91. Section 58-63-302 is amended to read:
5351 58-63-302. Qualifications for licensure.
5352 (1) Each applicant for licensure as an armored car company or a contract security
5353 company shall:
5354 (a) submit an application in a form prescribed by the division;
5355 (b) pay a fee determined by the department under Section 63J-1-504;
5356 (c) have a qualifying agent who:
5357 (i) shall meet with the division and the board and demonstrate that the applicant and
5358 the qualifying agent meet the requirements of this section;
5359 (ii) is a resident of the state and is a corporate officer or owner of the applicant;
5360 (iii) exercises material day-to-day authority in the conduct of the applicant's business
5361 by making substantive technical and administrative decisions and whose primary employment
5362 is with the applicant;
5363 (iv) is not concurrently acting as a qualifying agent or employee of another armored car
5364 company or contract security company and is not engaged in any other employment on a
5365 regular basis;
5366 (v) is not involved in any activity that would conflict with the qualifying agent's duties
5367 and responsibilities under this chapter to ensure that the qualifying agent's and the applicant's
5368 performance under this chapter does not jeopardize the health or safety of the general public;
5369 (vi) is not an employee of a government agency;
5370 (vii) passes an examination component established by rule by the division in
5371 collaboration with the board; and
5372 (viii) (A) demonstrates 6,000 hours of compensated experience as a manager,
5373 supervisor, or administrator of an armored car company or a contract security company; or
5374 (B) demonstrates 6,000 hours of supervisory experience acceptable to the division in
5375 collaboration with the board with a federal, United States military, state, county, or municipal
5376 law enforcement agency;
5377 (d) if a corporation, provide:
5378 (i) the names, addresses, dates of birth, and social security numbers of all corporate
5379 officers, directors, and those responsible management personnel employed within the state or
5380 having direct responsibility for managing operations of the applicant within the state; and
5381 (ii) the names, addresses, dates of birth, and social security numbers, of all
5382 shareholders owning 5% or more of the outstanding shares of the corporation, unless waived by
5383 the division if the stock is publicly listed and traded;
5384 (e) if a limited liability company, provide:
5385 (i) the names, addresses, dates of birth, and social security numbers of all company
5386 officers, and those responsible management personnel employed within the state or having
5387 direct responsibility for managing operations of the applicant within the state; and
5388 (ii) the names, addresses, dates of birth, and social security numbers of all individuals
5389 owning 5% or more of the equity of the company;
5390 (f) if a partnership, provide the names, addresses, dates of birth, and social security
5391 numbers of all general partners, and those responsible management personnel employed within
5392 the state or having direct responsibility for managing operations of the applicant within the
5393 state;
5394 (g) if a proprietorship, provide the names, addresses, dates of birth, and social security
5395 numbers of the proprietor, and those responsible management personnel employed within the
5396 state or having direct responsibility for managing operations of the applicant within the state;
5397 (h) have good moral character in that officers, directors, shareholders described in
5398 Subsection (1)(d)(ii), partners, proprietors, and responsible management personnel have not
5399 been convicted of:
5400 (i) a felony;
5401 (ii) a misdemeanor involving moral turpitude; or
5402 (iii) a crime that when considered with the duties and responsibilities of a contract
5403 security company or an armored car company by the division and the board indicates that the
5404 best interests of the public are not served by granting the applicant a license;
5405 (i) document that none of the applicant's officers, directors, shareholders described in
5406 Subsection (1)(d)(ii), partners, proprietors, and responsible management personnel:
5407 (i) have been declared by a court of competent jurisdiction incompetent by reason of
5408 mental defect or disease and not been restored; and
5409 (ii) currently suffer from habitual drunkenness or from drug addiction or dependence;
5410 (j) file and maintain with the division evidence of:
5411 (i) comprehensive general liability insurance in a form and in amounts established by
5412 rule by the division in collaboration with the board;
5413 (ii) workers' compensation insurance that covers employees of the applicant in
5414 accordance with applicable Utah law;
5415 (iii) registration with the Division of Corporations and Commercial Code; and
5416 (iv) registration as required by applicable law with the:
5417 (A) Unemployment Insurance Division in the Department of Workforce Services, for
5418 purposes of Title 35A, Chapter 4, Employment Security Act;
5419 (B) State Tax Commission; and
5420 (C) Internal Revenue Service; and
5421 (k) meet with the division and board if requested by the division or board.
5422 (2) Each applicant for licensure as an armed private security officer shall:
5423 (a) submit an application in a form prescribed by the division;
5424 (b) pay a fee determined by the department under Section 63J-1-504;
5425 (c) have good moral character in that the applicant has not been convicted of:
5426 (i) a felony;
5427 (ii) a misdemeanor involving moral turpitude; or
5428 (iii) a crime that when considered with the duties and responsibilities of an armed
5429 private security officer by the division and the board indicates that the best interests of the
5430 public are not served by granting the applicant a license;
5431 (d) not be prohibited from possession of a firearm or ammunition under 18 U.S.C. Sec.
5432 922(g);
5433 (e) not have been declared incompetent by a court of competent jurisdiction by reason
5434 of mental defect or disease and not been restored;
5435 (f) not be currently suffering from habitual drunkenness or from drug addiction or
5436 dependence;
5437 (g) successfully complete basic education and training requirements established by rule
5438 by the division in collaboration with the board, which shall include a minimum of eight hours
5439 of classroom or online curriculum;
5440 (h) successfully complete firearms training requirements established by rule by the
5441 division in collaboration with the board, which shall include a minimum of 12 hours of
5442 training;
5443 (i) pass the examination requirement established by rule by the division in
5444 collaboration with the board; and
5445 (j) meet with the division and board if requested by the division or the board.
5446 (3) Each applicant for licensure as an unarmed private security officer shall:
5447 (a) submit an application in a form prescribed by the division;
5448 (b) pay a fee determined by the department under Section 63J-1-504;
5449 (c) have good moral character in that the applicant has not been convicted of:
5450 (i) a felony;
5451 (ii) a misdemeanor involving moral turpitude; or
5452 (iii) a crime that when considered with the duties and responsibilities of an unarmed
5453 private security officer by the division and the board indicates that the best interests of the
5454 public are not served by granting the applicant a license;
5455 (d) not have been declared incompetent by a court of competent jurisdiction by reason
5456 of mental defect or disease and not been restored;
5457 (e) not be currently suffering from habitual drunkenness or from drug addiction or
5458 dependence;
5459 (f) successfully complete basic education and training requirements established by rule
5460 by the division in collaboration with the board, which shall include a minimum of eight hours
5461 of classroom or online curriculum;
5462 (g) pass the examination requirement established by rule by the division in
5463 collaboration with the board; and
5464 (h) meet with the division and board if requested by the division or board.
5465 (4) Each applicant for licensure as an armored car security officer shall:
5466 (a) submit an application in a form prescribed by the division;
5467 (b) pay a fee determined by the department under Section 63J-1-504;
5468 (c) have good moral character in that the applicant has not been convicted of:
5469 (i) a felony;
5470 (ii) a misdemeanor involving moral turpitude; or
5471 (iii) a crime that when considered with the duties and responsibilities of an armored car
5472 security officer by the division and the board indicates that the best interests of the public are
5473 not served by granting the applicant a license;
5474 (d) not be prohibited from possession of a firearm or ammunition under 18 U.S.C. Sec.
5475 922(g);
5476 (e) not have been declared incompetent by a court of competent jurisdiction by reason
5477 of mental defect or disease and not been restored;
5478 (f) not be currently suffering from habitual drunkenness or from drug addiction or
5479 dependence;
5480 (g) successfully complete basic education and training requirements established by rule
5481 by the division in collaboration with the board;
5482 (h) successfully complete firearms training requirements established by rule by the
5483 division in collaboration with the board;
5484 (i) pass the examination requirements established by rule by the division in
5485 collaboration with the board; and
5486 (j) meet with the division and board if requested by the division or the board.
5487 (5) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
5488 division may make a rule establishing when the division shall request a Federal Bureau of
5489 Investigation records' review for an applicant who is applying for licensure or licensure renewal
5490 under this chapter.
5491 (6) To determine if an applicant meets the qualifications of Subsections (1)(h), (2)(c),
5492 (3)(c), and (4)(c), the division shall provide an appropriate number of copies of fingerprint
5493 cards to the Department of Public Safety with the division's request to:
5494 (a) conduct a search of records of the Department of Public Safety for criminal history
5495 information relating to each applicant for licensure under this chapter and each applicant's
5496 officers, directors, shareholders described in Subsection (1)(d)(ii), partners, proprietors, and
5497 responsible management personnel; and
5498 (b) forward to the Federal Bureau of Investigation a fingerprint card of each applicant
5499 requiring a check of records of the FBI for criminal history information under this section.
5500 (7) The Department of Public Safety shall send the division:
5501 (a) a written record of criminal history, or certification of no criminal history record, as
5502 contained in the records of the Department of Public Safety in a timely manner after receipt of
5503 a fingerprint card from the division and a request for review of Department of Public Safety
5504 records; and
5505 (b) the results of the FBI review concerning an applicant in a timely manner after
5506 receipt of information from the FBI.
5507 (8) (a) The division shall charge each applicant a fee, in accordance with Section
5508 63J-1-504, equal to the cost of performing the records reviews under this section.
5509 (b) The division shall pay the Department of Public Safety the costs of all records
5510 reviews, and the Department of Public Safety shall pay the FBI the costs of records reviews
5511 under this chapter.
5512 (9) The division shall use or disseminate the information it obtains from the reviews of
5513 criminal history records of the Department of Public Safety and the FBI only to determine if an
5514 applicant for licensure or licensure renewal under this chapter is qualified for licensure.
5515 Section 92. Section 58-63-306 is amended to read:
5516 58-63-306. Replacement of qualifying agent.
5517 If the qualifying agent of an armored car company or a contract security company
5518 ceases to perform the agent's duties on a regular basis, the licensee shall:
5519 (1) notify the division in writing within 15 days [
5520 (2) replace the qualifying agent within 60 days after the time required for notification
5521 to the division.
5522 Section 93. Section 58-63-503 is amended to read:
5523 58-63-503. Penalties.
5524 (1) Unless Subsection (2) applies, an individual who commits an act of unlawful
5525 conduct under Section 58-63-501 or who fails to comply with a citation issued under this
5526 section after it becomes final is guilty of a class A misdemeanor.
5527 (2) The division may immediately suspend a license issued under this chapter of a
5528 person who is given a citation for violating Subsection 58-63-501(1), (2), (4), or (5).
5529 (3) (a) If upon inspection or investigation, the division determines that a person has
5530 violated Subsection 58-63-501(1), (2), (4), or (5) or any rule made or order issued under those
5531 subsections, and that disciplinary action is warranted, the director or the director's designee
5532 within the division shall promptly issue a citation to the person and:
5533 (i) attempt to negotiate a stipulated settlement; or
5534 (ii) notify the person to appear for an adjudicative proceeding conducted under Title
5535 63G, Chapter 4, Administrative Procedures Act.
5536 (b) (i) The division may fine a person who violates Subsection 58-63-501(1), (2), (4),
5537 or (5), as evidenced by an uncontested citation, a stipulated settlement, or a finding of a
5538 violation in an adjudicative proceeding held under Subsection (3)(a)(ii), or order the person to
5539 cease and desist from the violation, or do both.
5540 (ii) Except for a cease and desist order, the division may not impose the licensure
5541 sanctions listed in Section 58-63-401 through the issuance of a citation under this section.
5542 (c) The written citation shall:
5543 (i) describe the nature of the violation, including a reference to the allegedly violated
5544 statute, rule, or order;
5545 (ii) state the recipient must notify the division in writing within 20 calendar days of
5546 issuance of the citation if the recipient wants to contest the citation at the adjudicative
5547 proceeding referred to in Subsection (3)(a)(ii); and
5548 (iii) explain the consequences of failure to timely contest the citation or to make
5549 payment of a fine assessed under the citation with the time specified in the citation.
5550 (d) (i) The division may serve a citation issued under this section, or a copy of the
5551 citation, upon an individual who is subject to service of a summons under the Utah Rules of
5552 Civil Procedure.
5553 (ii) (A) The division may serve the individual personally or serve the individual's
5554 agent.
5555 (B) The division may serve the summons by a division investigator, by a person
5556 designated by the director, or by mail.
5557 (e) (i) If within 20 days from the service of a citation the person to whom the citation
5558 was issued fails to request a hearing to contest the citation, the citation becomes the final order
5559 of the division and is not subject to further agency review.
5560 (ii) The division may grant an extension of the 20-day period for cause.
5561 (f) The division may refuse to issue or renew, suspend, revoke, or place on probation
5562 the license of a licensee who fails to comply with a citation after it becomes final.
5563 (g) The division may not issue a citation for an alleged violation under this section
5564 after the expiration of [
5565 following the date on which the violation that is the subject of the citation is reported to the
5566 division.
5567 (h) The director or the director's designee may assess fines under this section as
5568 follows:
5569 (i) for a first offense under Subsection (3)(a), a fine of up to $1,000;
5570 (ii) for a second offense under Subsection (3)(a), a fine of up to $2,000; and
5571 (iii) for a subsequent offense under Subsection (3)(a), a fine of up to $2,000 for each
5572 day of continued violation.
5573 (i) (i) For purposes of issuing a final order under this section and assessing a fine under
5574 Subsection (3)(h), an offense is a second or subsequent offense if:
5575 (A) the division previously issued a final order determining that a person committed a
5576 first or second offense in violation of Subsection 58-63-501(1) or (4); or
5577 (B) (I) the division initiated an action for a first or second offense;
5578 (II) no final order has been issued by the division in an action initiated under
5579 Subsection (3)(i)(i)(B)(I);
5580 (III) the division determines during an investigation that occurred after the initiation of
5581 the action under Subsection (3)(i)(i)(B)(I) that the person committed a second or subsequent
5582 violation of Subsection 58-63-501(1) or (4); and
5583 (IV) after determining that the person committed a second or subsequent offense under
5584 Subsection (3)(i)(i)(B)(III), the division issues a final order on the action initiated under
5585 Subsection (3)(i)(i)(B)(I).
5586 (ii) In issuing a final order for a second or subsequent offense under Subsection
5587 (3)(i)(i), the division shall comply with the requirements of this section.
5588 (4) (a) The division shall deposit a fine imposed by the director under Subsection (3)(h)
5589 in the General Fund as a dedicated credit for use by the division for the purposes listed in
5590 Section 58-63-103.
5591 (b) The director may collect a fine that is not paid by:
5592 (i) referring the matter to a collection agency; or
5593 (ii) bringing an action in the district court of the county where the person against whom
5594 the penalty is imposed resides or in the county where the office of the director is located.
5595 (c) A county attorney or the attorney general of the state shall provide legal assistance
5596 and advice to the director in an action to collect a penalty.
5597 (d) A court shall award reasonable attorney fees and costs to the prevailing party in an
5598 action brought by the division to collect a penalty.
5599 Section 94. Section 58-64-302 is amended to read:
5600 58-64-302. Qualifications for licensure.
5601 (1) Each applicant for licensure as a deception detection examiner:
5602 (a) shall submit an application in a form prescribed by the division;
5603 (b) shall pay a fee determined by the department under Section 63J-1-504;
5604 (c) [
5605 convicted of a felony, a misdemeanor involving moral turpitude, or any other crime [
5606 that when considered with the duties and responsibilities of a deception detection examiner is
5607 considered by the division and the board to indicate that the best interests of the public will not
5608 be served by granting the applicant a license;
5609 (d) may not have been declared by any court of competent jurisdiction incompetent by
5610 reason of mental defect or disease and not been restored;
5611 (e) may not be currently suffering from habitual drunkenness or from drug addiction or
5612 dependence;
5613 (f) shall have completed one of the following:
5614 (i) have earned a bachelor's degree from a four year university or college meeting
5615 standards established by the division by rule in collaboration with the board;
5616 (ii) have completed not less than 8,000 hours of investigation experience approved by
5617 the division in collaboration with the board; or
5618 (iii) have completed a combination of university or college education and investigation
5619 experience, as defined by rule by the division in collaboration with the board as being
5620 equivalent to the requirements under Subsection (1)(f)(i) or (1)(f)(ii);
5621 (g) shall have successfully completed a training program in detection deception
5622 meeting criteria established by rule by the division in collaboration with the board; and
5623 (h) shall have performed satisfactorily as a licensed deception detection intern for a
5624 period of not less than one year and shall have satisfactorily conducted not less than 100
5625 deception detection examinations under the supervision of a licensed deception detection
5626 examiner.
5627 (2) Each applicant for licensure as a deception detection intern:
5628 (a) shall submit an application in a form prescribed by the division;
5629 (b) shall pay a fee determined by the department under Section 63J-1-504;
5630 (c) [
5631 convicted of a felony, a misdemeanor involving moral turpitude, or any other crime [
5632 that when considered with the duties and responsibilities of a deception detection intern is
5633 considered by the division and the board to indicate that the best interests of the public will not
5634 be served by granting the applicant a license;
5635 (d) may not have been declared by any court of competent jurisdiction incompetent by
5636 reason of mental defect or disease and not been restored;
5637 (e) may not be currently suffering from habitual drunkenness or from drug addiction or
5638 dependence;
5639 (f) shall have completed one of the following:
5640 (i) have earned a bachelor's degree from a four year university or college meeting
5641 standards established by the division by rule in collaboration with the board;
5642 (ii) have completed not less than 8,000 hours of investigation experience approved by
5643 the division in collaboration with the board; or
5644 (iii) have completed a combination of university or college education and investigation
5645 experience, as defined by rule by the division in collaboration with the board as being
5646 equivalent to the requirements under Subsection (2)(f)(i) or (2)(f)(ii);
5647 (g) shall have successfully completed a training program in detection deception
5648 meeting criteria established by rule by the division in collaboration with the board; and
5649 (h) shall provide the division with an intern supervision agreement in a form prescribed
5650 by the division under which:
5651 (i) a licensed deception detection examiner agrees to supervise the intern; and
5652 (ii) the applicant agrees to be supervised by that licensed deception detection examiner.
5653 (3) Each applicant for licensure as a deception detection examination administrator:
5654 (a) shall submit an application in a form prescribed by the division;
5655 (b) shall pay a fee determined by the department under Section 63J-1-504;
5656 (c) [
5657 convicted of a felony, a misdemeanor involving moral turpitude, or any other crime that when
5658 considered with the duties and responsibilities of a deception detection examination
5659 administrator is considered by the division and the board to indicate that the best interests of
5660 the public will not be served by granting the applicant a license;
5661 (d) may not have been declared by a court of competent jurisdiction incompetent by
5662 reason of mental defect or disease and not been restored;
5663 (e) may not be currently suffering from habitual drunkenness or from drug addiction or
5664 dependence;
5665 (f) shall have earned an associate degree from a state-accredited university or college or
5666 have an equivalent number of years' work experience; and
5667 (g) shall have successfully completed a training program and have obtained
5668 certification in deception detection examination administration provided by the manufacturer
5669 of a scientific or technology-based software application solution that is approved by the
5670 director.
5671 (4) To determine if an applicant meets the qualifications of Subsection (1)(c), (2)(c), or
5672 (3)(c) the division shall provide an appropriate number of copies of fingerprint cards to the
5673 Department of Public Safety with the division's request to:
5674 (a) conduct a search of records of the Department of Public Safety for criminal history
5675 information relating to each applicant for licensure under this chapter; and
5676 (b) forward to the Federal Bureau of Investigation a fingerprint card of each applicant
5677 requiring a check of records of the F.B.I. for criminal history information under this section.
5678 (5) The Department of Public Safety shall send to the division:
5679 (a) a written record of criminal history, or certification of no criminal history record, as
5680 contained in the records of the Department of Public Safety in a timely manner after receipt of
5681 a fingerprint card from the division and a request for review of Department of Public Safety
5682 records; and
5683 (b) the results of the F.B.I. review concerning an applicant in a timely manner after
5684 receipt of information from the F.B.I.
5685 (6) (a) The division shall charge each applicant a fee, in accordance with Section
5686 63J-1-504, equal to the cost of performing the records reviews under this section.
5687 (b) The division shall pay the Department of Public Safety the costs of all records
5688 reviews, and the Department of Public Safety shall pay the F.B.I. the costs of records reviews
5689 under this chapter.
5690 (7) Information obtained by the division from the reviews of criminal history records of
5691 the Department of Public Safety and the F.B.I. shall be used or disseminated by the division
5692 only for the purpose of determining if an applicant for licensure under this chapter is qualified
5693 for licensure.
5694 Section 95. Section 58-67-302 is amended to read:
5695 58-67-302. Qualifications for licensure.
5696 (1) An applicant for licensure as a physician and surgeon, except as set forth in
5697 Subsection (2), shall:
5698 (a) submit an application in a form prescribed by the division, which may include:
5699 (i) submissions by the applicant of information maintained by practitioner data banks,
5700 as designated by division rule, with respect to the applicant;
5701 (ii) a record of professional liability claims made against the applicant and settlements
5702 paid by or on behalf of the applicant; and
5703 (iii) authorization to use a record coordination and verification service approved by the
5704 division in collaboration with the board;
5705 (b) pay a fee determined by the department under Section 63J-1-504;
5706 [
5707 [
5708 Compact under Chapter 67b, Interstate Medical Licensure Compact, consent to a criminal
5709 background check in accordance with Section 58-67-302.1 and any requirements established by
5710 rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act;
5711 [
5712 program of professional education preparing an individual as a physician and surgeon, as
5713 evidenced by:
5714 (i) having received an earned degree of doctor of medicine from an LCME accredited
5715 medical school or college; or
5716 (ii) if the applicant graduated from a medical school or college located outside the
5717 United States or its territories, submitting a current certification by the Educational
5718 Commission for Foreign Medical Graduates or any successor organization approved by the
5719 division in collaboration with the board;
5720 [
5721 (i) has successfully completed 24 months of progressive resident training in a program
5722 approved by the ACGME, the Royal College of Physicians and Surgeons, the College of
5723 Family Physicians of Canada, or any similar body in the United States or Canada approved by
5724 the division in collaboration with the board; or
5725 (ii) (A) has successfully completed 12 months of resident training in an ACGME
5726 approved program after receiving a degree of doctor of medicine as required under Subsection
5727 (1)[
5728 (B) has been accepted in and is successfully participating in progressive resident
5729 training in an ACGME approved program within Utah, in the applicant's second or third year
5730 of postgraduate training; and
5731 (C) has agreed to surrender to the division the applicant's license as a physician and
5732 surgeon without any proceedings under Title 63G, Chapter 4, Administrative Procedures Act,
5733 and has agreed the applicant's license as a physician and surgeon will be automatically revoked
5734 by the division if the applicant fails to continue in good standing in an ACGME approved
5735 progressive resident training program within the state;
5736 [
5737 collaboration with the board;
5738 [
5739 language and demonstrate proficiency to the satisfaction of the board if requested by the board;
5740 [
5741 purpose of evaluating the applicant's qualifications for licensure;
5742 [
5743 (i) a contact person for access to medical records in accordance with the federal Health
5744 Insurance Portability and Accountability Act; and
5745 (ii) an alternate contact person for access to medical records, in the event the original
5746 contact person is unable or unwilling to serve as the contact person for access to medical
5747 records; and
5748 [
5749 contact person and alternate contact person, if the applicant will practice in a location with no
5750 other persons licensed under this chapter.
5751 (2) An applicant for licensure as a physician and surgeon by endorsement who is
5752 currently licensed to practice medicine in any state other than Utah, a district or territory of the
5753 United States, or Canada shall:
5754 (a) be currently licensed with a full unrestricted license in good standing in any state,
5755 district, or territory of the United States, or Canada;
5756 (b) have been actively engaged in the legal practice of medicine in any state, district, or
5757 territory of the United States, or Canada for not less than 6,000 hours during the five years
5758 immediately preceding the date of application for licensure in Utah;
5759 (c) comply with the requirements for licensure under Subsections (1)(a) through [
5760 (d), (1)[
5761 (d) have passed the licensing examination sequence required in Subsection [
5762 (1)(e) or another medical licensing examination sequence in another state, district or territory of
5763 the United States, or Canada that the division in collaboration with the board by rulemaking
5764 determines is equivalent to its own required examination;
5765 (e) not have any investigation or action pending against any health care license of the
5766 applicant, not have a health care license that was suspended or revoked in any state, district or
5767 territory of the United States, or Canada, and not have surrendered a health care license in lieu
5768 of a disciplinary action, unless:
5769 (i) the license was subsequently reinstated as a full unrestricted license in good
5770 standing; or
5771 (ii) the division in collaboration with the board determines to its satisfaction, after full
5772 disclosure by the applicant, that:
5773 (A) the conduct has been corrected, monitored, and resolved; or
5774 (B) a mitigating circumstance exists that prevents its resolution, and the division in
5775 collaboration with the board is satisfied that, but for the mitigating circumstance, the license
5776 would be reinstated;
5777 (f) submit to a records review, a practice history review, and comprehensive
5778 assessments, if requested by the division in collaboration with the board; and
5779 (g) produce satisfactory evidence that the applicant meets the requirements of this
5780 Subsection (2) to the satisfaction of the division in collaboration with the board.
5781 (3) An applicant for licensure by endorsement may engage in the practice of medicine
5782 under a temporary license while the applicant's application for licensure is being processed by
5783 the division, provided:
5784 (a) the applicant submits a complete application required for temporary licensure to the
5785 division;
5786 (b) the applicant submits a written document to the division from:
5787 (i) a health care facility licensed under Title 26, Chapter 21, Health Care Facility
5788 Licensing and Inspection Act, stating that the applicant is practicing under the:
5789 (A) invitation of the health care facility; and
5790 (B) the general supervision of a physician practicing at the facility; or
5791 (ii) two individuals licensed under this chapter, whose license is in good standing and
5792 who practice in the same clinical location, both stating that:
5793 (A) the applicant is practicing under the invitation and general supervision of the
5794 individual; and
5795 (B) the applicant will practice at the same clinical location as the individual;
5796 (c) the applicant submits a signed certification to the division that the applicant meets
5797 the requirements of Subsection (2);
5798 (d) the applicant does not engage in the practice of medicine until the division has
5799 issued a temporary license;
5800 (e) the temporary license is only issued for and may not be extended or renewed
5801 beyond the duration of one year from issuance; and
5802 (f) the temporary license expires immediately and prior to the expiration of one year
5803 from issuance, upon notification from the division that the applicant's application for licensure
5804 by endorsement is denied.
5805 (4) The division shall issue a temporary license under Subsection (3) within 15
5806 business days after the applicant satisfies the requirements of Subsection (3).
5807 (5) The division may not require the following requirements for licensure:
5808 (a) a post-residency board certification; or
5809 (b) a cognitive test when the physician reaches a specified age, unless:
5810 (i) the screening is based on evidence of cognitive changes associated with aging that
5811 are relevant to physician performance;
5812 (ii) the screening is based on principles of medical ethics;
5813 (iii) physicians are involved in the development of standards for assessing competency;
5814 (iv) guidelines, procedures, and methods of assessment, which may include cognitive
5815 screening, are relevant to physician practice and to the physician's ability to perform the tasks
5816 specifically required in the physician's practice environment;
5817 (v) the primary driver for establishing assessment results is the ethical obligation of the
5818 profession to the health of the public and patient safety;
5819 (vi) the goal of the assessment is to optimize physician competency and performance
5820 through education, remediation, and modifications to a physician's practice environment or
5821 scope;
5822 (vii) a credentialing committee determines that public health or patient safety is
5823 directly threatened, the screening permits a physician to retain the right to modify the
5824 physician's practice environment to allow the physician to continue to provide safe and
5825 effective care;
5826 (viii) guidelines, procedures, and methods of assessment are transparent to physicians
5827 and physicians' representatives, if requested by a physician or a physician's representative, and
5828 physicians are made aware of the specific methods used, performance expectations and
5829 standards against which performance will be judged, and the possible outcomes of the
5830 screening or assessment;
5831 (ix) education or remediation practices that result from screening or assessment
5832 procedures are:
5833 (A) supportive of physician wellness;
5834 (B) ongoing; and
5835 (C) proactive; and
5836 (x) procedures and screening mechanisms that are distinctly different from for cause
5837 assessments do not result in undue cost or burden to senior physicians providing patient care.
5838 Section 96. Section 58-67-302.5 is amended to read:
5839 58-67-302.5. Licensing of graduates of foreign medical schools.
5840 (1) Notwithstanding any other provision of law to the contrary, an individual enrolled
5841 in a medical school outside the United States, its territories, the District of Columbia, or
5842 Canada is eligible for licensure as a physician and surgeon in this state if the individual has
5843 satisfied the following requirements:
5844 (a) meets all the requirements of Subsection 58-67-302(1), except for Subsection
5845 58-67-302(1)[
5846 (b) has studied medicine in a medical school located outside the United States which is
5847 recognized by an organization approved by the division;
5848 (c) has completed all of the formal requirements of the foreign medical school except
5849 internship or social service;
5850 (d) has attained a passing score on the educational commission for foreign medical
5851 graduates examination or other qualifying examinations such as the United States Medical
5852 Licensing Exam parts I and II, which are approved by the division or a medical school
5853 approved by the division;
5854 (e) has satisfactorily completed one calendar year of supervised clinical training under
5855 the direction of a United States medical education setting accredited by the liaison committee
5856 for graduate medical education and approved by the division;
5857 (f) has completed the postgraduate hospital training required by Subsection
5858 58-67-302(1)[
5859 (g) has passed the examination required by the division of all applicants for licensure.
5860 (2) Satisfaction of the requirements of Subsection (1) is in lieu of:
5861 (a) the completion of any foreign internship or social service requirements; and
5862 (b) the certification required by Subsection 58-67-302(1)[
5863 (3) Individuals who satisfy the requirements of Subsections (1)(a) through (g) shall be
5864 eligible for admission to graduate medical education programs within the state, including
5865 internships and residencies, which are accredited by the liaison committee for graduate medical
5866 education.
5867 (4) A document issued by a medical school located outside the United States shall be
5868 considered the equivalent of a degree of doctor of medicine for the purpose of licensure as a
5869 physician and surgeon in this state if:
5870 (a) the foreign medical school is recognized by an organization approved by the
5871 division;
5872 (b) the document granted by the foreign medical school is issued after the completion
5873 of all formal requirements of the medical school except internship or social service; and
5874 (c) the foreign medical school certifies that the person to whom the document was
5875 issued has satisfactorily completed the requirements of Subsection (1)(c).
5876 (5) The division may not require as a requirement for licensure a cognitive test when
5877 the physician reaches a specified age, unless the test reflects the standards described in
5878 Subsections 58-67-302(5)(b)(i) through (x).
5879 (6) The provisions for licensure under this section shall be known as the "fifth pathway
5880 program."
5881 Section 97. Section 58-67-302.7 is amended to read:
5882 58-67-302.7. Licensing of physician-educators.
5883 (1) As used in this section:
5884 (a) "Foreign country" means a country other than the United States, its territories, or
5885 Canada.
5886 (b) "Foreign medical school" means a medical school that is outside the United States,
5887 its territories, and Canada.
5888 (2) Notwithstanding any provision of law to the contrary, an individual may receive a
5889 type I foreign teaching license if the individual:
5890 (a) submits an application in a form prescribed by the division, which may include:
5891 (i) submission by the applicant of information maintained in a practitioner data bank,
5892 as designated by division rule, with respect to the applicant;
5893 (ii) a record of professional liability claims made against the applicant and settlements
5894 paid by or on behalf of the applicant; and
5895 (iii) the applicant's curriculum vitae;
5896 (b) is a graduate of a foreign medical school that is accepted for certification by the
5897 Educational Commission for Foreign Medical Graduates;
5898 (c) is licensed in good standing in a foreign country, the United States, its territories, or
5899 Canada;
5900 (d) does not have an investigation or action pending against the physician's healthcare
5901 license, does not have a healthcare license that was suspended or revoked, and has not
5902 surrendered a healthcare license in lieu of disciplinary action, unless:
5903 (i) the license was subsequently reinstated in good standing; or
5904 (ii) the division in collaboration with the board determines to its satisfaction, after full
5905 disclosure by the applicant and full consideration by the division in collaboration with the
5906 board, that:
5907 (A) the conduct has been corrected, monitored, and resolved; or
5908 (B) a mitigating circumstance exists that prevents resolution, and the division in
5909 collaboration with the board is satisfied that but for the mitigating circumstance, the license
5910 would be reinstated;
5911 (e) submits documentation of legal status to work in the United States;
5912 (f) meets at least three of the following qualifications:
5913 (i) (A) published original results of clinical research, within 10 years before the day on
5914 which the application is submitted, in a medical journal listed in the Index Medicus or an
5915 equivalent scholarly publication; and
5916 (B) submits the publication to the Board in English or in a foreign language with a
5917 verifiable, certified English translation;
5918 (ii) held an appointment at a medical school approved by the LCME or at any medical
5919 school listed in the World Health Organization directory at the level of associate or full
5920 professor, or its equivalent, for at least five years;
5921 (iii) (A) developed a treatment modality, surgical technique, or other verified original
5922 contribution to the field of medicine within 10 years before the day on which the application is
5923 submitted; and
5924 (B) has the treatment modality, surgical technique, or other verified original
5925 contribution attested to by the dean of an LCME accredited school of medicine in Utah;
5926 (iv) actively practiced medicine cumulatively for 10 years; or
5927 (v) is board certified in good standing of a board of the American Board of Medical
5928 Specialities or equivalent specialty board;
5929 [
5930 [
5931 language and demonstrates proficiency to the satisfaction of the division in collaboration with
5932 the board, if requested;
5933 [
5934 full-time member of the medical school's academic faculty, as evidenced by written
5935 certification from:
5936 (i) the dean of the medical school, stating that the applicant has been appointed to a
5937 full-time faculty position, that because the applicant has unique expertise in a specific field of
5938 medicine the medical school considers the applicant to be a valuable member of the faculty,
5939 and that the applicant is qualified by knowledge, skill, and ability to practice medicine in the
5940 state; and
5941 (ii) the head of the department to which the applicant is to be appointed, stating that the
5942 applicant will be under the direction of the head of the department and will be permitted to
5943 practice medicine only as a necessary part of the applicant's duties, providing detailed evidence
5944 of the applicant's qualifications and competence, including the nature and location of the
5945 applicant's proposed responsibilities, reasons for any limitations of the applicant's practice
5946 responsibilities, and the degree of supervision, if any, under which the applicant will function;
5947 [
5948 [
5949 (3) Notwithstanding any provision of law to the contrary, an individual may receive a
5950 type II foreign teaching license if the individual:
5951 (a) satisfies the requirements of Subsections (2)(a) through (e) and (g) through [
5952 (b) has delivered clinical care to patients cumulatively for five years after graduation
5953 from medical school; and
5954 (c) (i) will be completing a clinical fellowship while employed at the medical school
5955 described in Subsection (2)[
5956 (ii) has already completed a medical residency accredited by the Royal College of
5957 Physicians and Surgeons of Canada, the United Kingdom, Australia, or New Zealand, or a
5958 comparable accreditation organization as determined by the division in collaboration with the
5959 board.
5960 (4) After an initial term of one year, a type I license may be renewed for periods of two
5961 years if the licensee continues to satisfy the requirements described in Subsection (2) and
5962 completes the division's continuing education renewal requirements established under Section
5963 58-67-303.
5964 (5) A type II license may be renewed on an annual basis, up to four times, if the
5965 licensee continues to satisfy the requirements described in Subsection (3) and completes the
5966 division's continuing education renewal requirements established under Section 58-67-303.
5967 (6) A license issued under this section:
5968 (a) authorizes the licensee to practice medicine:
5969 (i) within the scope of the licensee's employment at the medical school described in
5970 Subsection (2)[
5971 (ii) at a hospital or clinic affiliated with the medical school described in Subsection
5972 (2)[
5973 (b) shall list the limitations described in Subsection (6)(a); and
5974 (c) shall expire on the earlier of:
5975 (i) one year after the day on which the type I or type II license is initially issued, unless
5976 the license is renewed;
5977 (ii) for a type I license, two years after the day on which the license is renewed;
5978 (iii) for a type II license, one year after the day on which the license is renewed; or
5979 (iv) the day on which employment at the medical school described in Subsection
5980 (2)[
5981 (7) A person who holds a type I license for five consecutive years may apply for
5982 licensure as a physician and surgeon in this state and shall be licensed if the individual satisfies
5983 the requirements described in Subsection (8). If the person fails to obtain licensure as a
5984 physician and surgeon in this state, the person may apply for a renewal of the type I license
5985 under Subsection (2).
5986 (8) An individual who holds a type I or type II license for five consecutive years is
5987 eligible for licensure as a physician and surgeon in this state if the individual:
5988 (a) worked an average of at least 40 hours per month at the level of an attending
5989 physician during the time the individual held the type I or type II license;
5990 (b) holds the rank of associate professor or higher at the medical school described in
5991 Subsection (2)[
5992 (c) obtains certification from the Educational Commission for Foreign Medical
5993 Graduates or any successor organization approved by the division in collaboration with the
5994 board;
5995 (d) spent a cumulative 20 hours per year while holding a type I or type II license:
5996 (i) teaching or lecturing to medical students or house staff;
5997 (ii) participating in educational department meetings or conferences that are not
5998 certified to meet the continuing medical education license renewal requirement; or
5999 (iii) attending continuing medical education classes in addition to the requirements for
6000 continuing education described in Subsections (4) and (5);
6001 (e) obtains a passing score on the final step of the licensing examination sequence
6002 required by division rule made in collaboration with the board; and
6003 (f) satisfies the requirements described in Subsections 58-67-302(1)(a) through [
6004
6005 (9) If a person who holds a type II license fails to obtain licensure as a physician and
6006 surgeon in this state after applying under the procedures described in Subsection (8), the person
6007 may not:
6008 (a) reapply for or renew a type II license; or
6009 (b) apply for a type I license.
6010 (10) The division or the board may require an applicant for licensure under this section
6011 to meet with the board and representatives of the division for the purpose of evaluating the
6012 applicant's qualifications for licensure.
6013 (11) The division in collaboration with the board may withdraw a license under this
6014 section at any time for material misrepresentation or unlawful or unprofessional conduct.
6015 Section 98. Section 58-67-302.8 is amended to read:
6016 58-67-302.8. Restricted licensing of an associate physician.
6017 (1) An individual may apply for a restricted license as an associate physician if the
6018 individual:
6019 (a) meets the requirements described in Subsections 58-67-302(1)(a) through [
6020
6021 (b) successfully completes Step 1 and Step 2 of the United States Medical Licensing
6022 Examination or the equivalent steps of another board-approved medical licensing examination:
6023 (i) within three years after the day on which the applicant graduates from a program
6024 described in Subsection 58-67-302[
6025 (ii) within two years before applying for a restricted license as an associate physician;
6026 and
6027 (c) is not currently enrolled in and has not completed a residency program.
6028 (2) Before a licensed associate physician may engage in the practice of medicine as
6029 described in Subsection (3), the licensed associate physician shall:
6030 (a) enter into a collaborative practice arrangement described in Section 58-67-807
6031 within six months after the associate physician's initial licensure; and
6032 (b) receive division approval of the collaborative practice arrangement.
6033 (3) An associate physician's scope of practice is limited to primary care services to
6034 medically underserved populations or in medically underserved areas within the state.
6035 Section 99. Section 58-67-304 is amended to read:
6036 58-67-304. License renewal requirements.
6037 (1) As a condition precedent for license renewal, each licensee shall, during each
6038 two-year licensure cycle or other cycle defined by division rule:
6039 (a) complete qualified continuing professional education requirements in accordance
6040 with the number of hours and standards defined by division rule made in collaboration with the
6041 board;
6042 (b) appoint a contact person for access to medical records and an alternate contact
6043 person for access to medical records in accordance with Subsection 58-67-302(1)[
6044 (c) if the licensee practices medicine in a location with no other persons licensed under
6045 this chapter, provide some method of notice to the licensee's patients of the identity and
6046 location of the contact person and alternate contact person for the licensee; and
6047 (d) if the licensee is an associate physician licensed under Section 58-67-302.8,
6048 successfully complete the educational methods and programs described in Subsection
6049 58-67-807(4).
6050 (2) If a renewal period is extended or shortened under Section 58-67-303, the
6051 continuing education hours required for license renewal under this section are increased or
6052 decreased proportionally.
6053 (3) An application to renew a license under this chapter shall:
6054 (a) require a physician to answer the following question: "Do you perform elective
6055 abortions in Utah in a location other than a hospital?"; and
6056 (b) immediately following the question, contain the following statement: "For purposes
6057 of the immediately preceding question, elective abortion means an abortion other than one of
6058 the following: removal of a dead fetus, removal of an ectopic pregnancy, an abortion that is
6059 necessary to avert the death of a woman, an abortion that is necessary to avert a serious risk of
6060 substantial and irreversible impairment of a major bodily function of a woman, an abortion of a
6061 fetus that has a defect that is uniformly diagnosable and uniformly lethal, or an abortion where
6062 the woman is pregnant as a result of rape or incest."
6063 (4) In order to assist the Department of Health in fulfilling its responsibilities relating
6064 to the licensing of an abortion clinic and the enforcement of Title 76, Chapter 7, Part 3,
6065 Abortion, if a physician responds positively to the question described in Subsection (3)(a), the
6066 division shall, within 30 days after the day on which it renews the physician's license under this
6067 chapter, inform the Department of Health in writing:
6068 (a) of the name and business address of the physician; and
6069 (b) that the physician responded positively to the question described in Subsection
6070 (3)(a).
6071 (5) The division shall accept and apply toward the hour requirement in Subsection
6072 (1)(a) any continuing education that a physician completes in accordance with Sections
6073 26-61a-106, 26-61a-403, and 26-61a-602.
6074 Section 100. Section 58-67-403 is amended to read:
6075 58-67-403. Revocation of license -- Nondisciplinary.
6076 Revocation by the division of a license under Subsection 58-67-302(1)[
6077 failure to continue on a resident training program for reasons other than unprofessional or
6078 unlawful conduct is a nondisciplinary action and may not be reported by the division as a
6079 disciplinary action against the licensee.
6080 Section 101. Section 58-67-503 is amended to read:
6081 58-67-503. Penalties and administrative actions for unlawful and unprofessional
6082 conduct.
6083 (1) Any person who violates the unlawful conduct provisions of Section 58-67-501 or
6084 Section 58-1-501 is guilty of a third degree felony.
6085 (2) (a) Subject to Subsection (4), the division may punish unprofessional or unlawful
6086 conduct by:
6087 (i) assessing administrative penalties; or
6088 (ii) taking other appropriate administrative action.
6089 (b) A monetary administrative penalty imposed under this section shall be deposited in
6090 the Physician Education Fund created in Section 58-67a-1.
6091 (3) If a licensee has been convicted of unlawful conduct, described in Section
6092 58-67-501, before an administrative proceeding regarding the same conduct, the division may
6093 not assess an additional administrative fine under this chapter for the same conduct.
6094 (4) (a) If the division concludes that an individual has violated provisions of Section
6095 58-67-501, Section 58-67-502, Chapter 1, Division of Occupational and Professional Licensing
6096 Act, Chapter 37, Utah Controlled Substances Act, or any rule or order issued with respect to
6097 these provisions, and disciplinary action is appropriate, the director or director's designee shall:
6098 (i) issue a citation to the individual;
6099 (ii) attempt to negotiate a stipulated settlement; or
6100 (iii) notify the individual that an adjudicative proceeding conducted under Title 63G,
6101 Chapter 4, Administrative Procedures Act, will be commenced and the individual is invited to
6102 appear.
6103 (b) The division may take the following action against an individual who is in violation
6104 of a provision described in Subsection (4)(a), as evidenced by an uncontested citation, a
6105 stipulated settlement, or a finding of violation in an adjudicative proceeding:
6106 (i) assess a fine of up to $10,000 per single violation or up to $2,000 per day of
6107 ongoing violation, whichever is greater, in accordance with a fine schedule established by rule;
6108 or
6109 (ii) order to cease and desist from the behavior that constitutes a violation of the
6110 provisions described in Subsection (4)(a).
6111 (c) An individual's license may not be suspended or revoked through a citation.
6112 (d) Each citation issued under this section shall:
6113 (i) be in writing;
6114 (ii) clearly describe or explain:
6115 (A) the nature of the violation, including a reference to the provision of the chapter,
6116 rule, or order alleged to have been violated;
6117 (B) that the recipient must notify the division in writing within 20 calendar days from
6118 the day on which the citation is served if the recipient wishes to contest the citation at a hearing
6119 conducted under Title 63G, Chapter 4, Administrative Procedures Act; and
6120 (C) the consequences of failure to timely contest the citation or pay the fine assessed by
6121 the citation within the time specified in the citation; and
6122 (iii) be served in accordance with the Utah Rules of Civil Procedure.
6123 (e) If the individual to whom the citation is issued fails to request a hearing to contest
6124 the citation within 20 calendar days from the day on which the citation is served, the citation
6125 becomes the final order of the division and is not subject to further agency review. The period
6126 to contest the citation may be extended by the division for cause.
6127 (f) The division may refuse to issue or renew or suspend, revoke, or place on probation
6128 the license of an individual who fails to comply with a citation after the citation becomes final.
6129 (g) The failure of an applicant for licensure to comply with a citation after it becomes
6130 final is a ground for denial of license.
6131 (h) No citation may be issued under this section after [
6132
6133 violation that is the subject of the citation is reported to the division.
6134 (5) (a) The director may collect a penalty imposed under this section that is not paid by:
6135 (i) referring the matter to a collection agency; or
6136 (ii) bringing an action in the district court of the county where the person against whom
6137 the penalty is imposed resides or in the county where the office of the director is located.
6138 (b) A county attorney or the attorney general of the state shall provide legal assistance
6139 and advice to the director in an action to collect a penalty.
6140 (c) A court shall award reasonable attorney fees and costs to the prevailing party in an
6141 action brought by the division to collect a penalty.
6142 Section 102. Section 58-68-302 is amended to read:
6143 58-68-302. Qualifications for licensure.
6144 (1) An applicant for licensure as an osteopathic physician and surgeon, except as set
6145 forth in Subsection (2), shall:
6146 (a) submit an application in a form prescribed by the division, which may include:
6147 (i) submissions by the applicant of information maintained by practitioner data banks,
6148 as designated by division rule, with respect to the applicant;
6149 (ii) a record of professional liability claims made against the applicant and settlements
6150 paid by or on behalf of the applicant; and
6151 (iii) authorization to use a record coordination and verification service approved by the
6152 division in collaboration with the board;
6153 (b) pay a fee determined by the department under Section 63J-1-504;
6154 [
6155 [
6156 Compact under Chapter 67b, Interstate Medical Licensure Compact, consent to a criminal
6157 background check in accordance with Section 58-68-302.1 and any requirements established by
6158 rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act;
6159 [
6160 program of professional education preparing an individual as an osteopathic physician and
6161 surgeon, as evidenced by:
6162 (i) having received an earned degree of doctor of osteopathic medicine from an AOA
6163 approved medical school or college; or
6164 (ii) submitting a current certification by the Educational Commission for Foreign
6165 Medical Graduates or any successor organization approved by the division in collaboration
6166 with the board, if the applicant is graduated from an osteopathic medical school or college
6167 located outside of the United States or its territories which at the time of the applicant's
6168 graduation, met criteria for accreditation by the AOA;
6169 [
6170 (i) has successfully completed 24 months of progressive resident training in an
6171 ACGME or AOA approved program after receiving a degree of doctor of osteopathic medicine
6172 required under Subsection (1)[
6173 (ii) (A) has successfully completed 12 months of resident training in an ACGME or
6174 AOA approved program after receiving a degree of doctor of osteopathic medicine as required
6175 under Subsection (1)[
6176 (B) has been accepted in and is successfully participating in progressive resident
6177 training in an ACGME or AOA approved program within Utah, in the applicant's second or
6178 third year of postgraduate training; and
6179 (C) has agreed to surrender to the division the applicant's license as an osteopathic
6180 physician and surgeon without any proceedings under Title 63G, Chapter 4, Administrative
6181 Procedures Act, and has agreed the applicant's license as an osteopathic physician and surgeon
6182 will be automatically revoked by the division if the applicant fails to continue in good standing
6183 in an ACGME or AOA approved progressive resident training program within the state;
6184 [
6185 collaboration with the board;
6186 [
6187 language and demonstrate proficiency to the satisfaction of the board, if requested by the board;
6188 [
6189 purpose of evaluating the applicant's qualifications for licensure;
6190 [
6191 (i) a contact person for access to medical records in accordance with the federal Health
6192 Insurance Portability and Accountability Act; and
6193 (ii) an alternate contact person for access to medical records, in the event the original
6194 contact person is unable or unwilling to serve as the contact person for access to medical
6195 records; and
6196 [
6197 contact person and alternate contact person, if the applicant will practice in a location with no
6198 other persons licensed under this chapter.
6199 (2) An applicant for licensure as an osteopathic physician and surgeon by endorsement
6200 who is currently licensed to practice osteopathic medicine in any state other than Utah, a
6201 district or territory of the United States, or Canada shall:
6202 (a) be currently licensed with a full unrestricted license in good standing in any state,
6203 district or territory of the United States, or Canada;
6204 (b) have been actively engaged in the legal practice of osteopathic medicine in any
6205 state, district or territory of the United States, or Canada for not less than 6,000 hours during
6206 the five years immediately preceding the day on which the applicant applied for licensure in
6207 Utah;
6208 (c) comply with the requirements for licensure under Subsections (1)(a) through [
6209
6210 (d) have passed the licensing examination sequence required in Subsection (1)[
6211 or another medical licensing examination sequence in another state, district or territory of the
6212 United States, or Canada that the division in collaboration with the board by rulemaking
6213 determines is equivalent to its own required examination;
6214 (e) not have any investigation or action pending against any health care license of the
6215 applicant, not have a health care license that was suspended or revoked in any state, district or
6216 territory of the United States, or Canada, and not have surrendered a health care license in lieu
6217 of a disciplinary action, unless:
6218 (i) the license was subsequently reinstated as a full unrestricted license in good
6219 standing; or
6220 (ii) the division in collaboration with the board determines, after full disclosure by the
6221 applicant, that:
6222 (A) the conduct has been corrected, monitored, and resolved; or
6223 (B) a mitigating circumstance exists that prevents its resolution, and the division in
6224 collaboration with the board is satisfied that, but for the mitigating circumstance, the license
6225 would be reinstated;
6226 (f) submit to a records review, a practice review history, and physical and
6227 psychological assessments, if requested by the division in collaboration with the board; and
6228 (g) produce evidence that the applicant meets the requirements of this Subsection (2) to
6229 the satisfaction of the division in collaboration with the board.
6230 (3) An applicant for licensure by endorsement may engage in the practice of medicine
6231 under a temporary license while the applicant's application for licensure is being processed by
6232 the division, provided:
6233 (a) the applicant submits a complete application required for temporary licensure to the
6234 division;
6235 (b) the applicant submits a written document to the division from:
6236 (i) a health care facility licensed under Title 26, Chapter 21, Health Care Facility
6237 Licensing and Inspection Act, stating that the applicant is practicing under the:
6238 (A) invitation of the health care facility; and
6239 (B) the general supervision of a physician practicing at the health care facility; or
6240 (ii) two individuals licensed under this chapter, whose license is in good standing and
6241 who practice in the same clinical location, both stating that:
6242 (A) the applicant is practicing under the invitation and general supervision of the
6243 individual; and
6244 (B) the applicant will practice at the same clinical location as the individual;
6245 (c) the applicant submits a signed certification to the division that the applicant meets
6246 the requirements of Subsection (2);
6247 (d) the applicant does not engage in the practice of medicine until the division has
6248 issued a temporary license;
6249 (e) the temporary license is only issued for and may not be extended or renewed
6250 beyond the duration of one year from issuance; and
6251 (f) the temporary license expires immediately and prior to the expiration of one year
6252 from issuance, upon notification from the division that the applicant's application for licensure
6253 by endorsement is denied.
6254 (4) The division shall issue a temporary license under Subsection (3) within 15
6255 business days after the applicant satisfies the requirements of Subsection (3).
6256 (5) The division may not require a:
6257 (a) post-residency board certification[
6258 (b) a cognitive test when the physician reaches a specified age, unless the test reflects
6259 the standards described in Subsections 58-67-302(5)(b)(i) through (x).
6260 Section 103. Section 58-68-302.5 is amended to read:
6261 58-68-302.5. Restricted licensing of an associate physician.
6262 (1) An individual may apply for a restricted license as an associate physician if the
6263 individual:
6264 (a) meets the requirements described in Subsections 58-68-302(1)(a) through [
6265
6266 (b) successfully completes Step 1 and Step 2 of the United States Medical Licensing
6267 Examination or the equivalent steps of another board-approved medical licensing examination:
6268 (i) within three years after the day on which the applicant graduates from a program
6269 described in Subsection 58-68-302(1)[
6270 (ii) within two years before applying for a restricted license as an associate physician;
6271 and
6272 (c) is not currently enrolled in and has not completed a residency program.
6273 (2) Before a licensed associate physician may engage in the practice of medicine as
6274 described in Subsection (3), the licensed associate physician shall:
6275 (a) enter into a collaborative practice arrangement described in Section 58-68-807
6276 within six months after the associate physician's initial licensure; and
6277 (b) receive division approval of the collaborative practice arrangement.
6278 (3) An associate physician's scope of practice is limited to primary care services to
6279 medically underserved populations or in medically underserved areas within the state.
6280 Section 104. Section 58-68-304 is amended to read:
6281 58-68-304. License renewal requirements.
6282 (1) As a condition precedent for license renewal, each licensee shall, during each
6283 two-year licensure cycle or other cycle defined by division rule:
6284 (a) complete qualified continuing professional education requirements in accordance
6285 with the number of hours and standards defined by division rule in collaboration with the
6286 board;
6287 (b) appoint a contact person for access to medical records and an alternate contact
6288 person for access to medical records in accordance with Subsection 58-68-302(1)[
6289 (c) if the licensee practices osteopathic medicine in a location with no other persons
6290 licensed under this chapter, provide some method of notice to the licensee's patients of the
6291 identity and location of the contact person and alternate contact person for access to medical
6292 records for the licensee in accordance with Subsection 58-68-302(1)[
6293 (d) if the licensee is an associate physician licensed under Section 58-68-302.5,
6294 successfully complete the educational methods and programs described in Subsection
6295 58-68-807(4).
6296 (2) If a renewal period is extended or shortened under Section 58-68-303, the
6297 continuing education hours required for license renewal under this section are increased or
6298 decreased proportionally.
6299 (3) An application to renew a license under this chapter shall:
6300 (a) require a physician to answer the following question: "Do you perform elective
6301 abortions in Utah in a location other than a hospital?"; and
6302 (b) immediately following the question, contain the following statement: "For purposes
6303 of the immediately preceding question, elective abortion means an abortion other than one of
6304 the following: removal of a dead fetus, removal of an ectopic pregnancy, an abortion that is
6305 necessary to avert the death of a woman, an abortion that is necessary to avert a serious risk of
6306 substantial and irreversible impairment of a major bodily function of a woman, an abortion of a
6307 fetus that has a defect that is uniformly diagnosable and uniformly lethal, or an abortion where
6308 the woman is pregnant as a result of rape or incest."
6309 (4) In order to assist the Department of Health in fulfilling its responsibilities relating
6310 to the licensing of an abortion clinic, if a physician responds positively to the question
6311 described in Subsection (3)(a), the division shall, within 30 days after the day on which it
6312 renews the physician's license under this chapter, inform the Department of Health in writing:
6313 (a) of the name and business address of the physician; and
6314 (b) that the physician responded positively to the question described in Subsection
6315 (3)(a).
6316 (5) The division shall accept and apply toward the hour requirement in Subsection
6317 (1)(a) any continuing education that a physician completes in accordance with Sections
6318 26-61a-106, 26-61a-403, and 26-61a-602.
6319 Section 105. Section 58-68-403 is amended to read:
6320 58-68-403. Revocation of license -- Nondisciplinary.
6321 Revocation by the division of a license under Subsection 58-68-302(1)[
6322 failure to continue on a resident training program for reasons other than unprofessional or
6323 unlawful conduct is a nondisciplinary action and may not be reported by the division as a
6324 disciplinary action against the licensee.
6325 Section 106. Section 58-68-503 is amended to read:
6326 58-68-503. Penalties and administrative actions for unlawful and unprofessional
6327 conduct.
6328 (1) Any person who violates the unlawful conduct provisions of Section 58-68-501 or
6329 Section 58-1-501 is guilty of a third degree felony.
6330 (2) (a) Subject to Subsection (4), the division may punish unprofessional or unlawful
6331 conduct by:
6332 (i) assessing administrative penalties; or
6333 (ii) taking any other appropriate administrative action.
6334 (b) A monetary administrative penalty imposed under this section shall be deposited in
6335 the Physician Education Fund described in Section 58-67a-1.
6336 (3) If a licensee is convicted of unlawful conduct, described in Section 58-68-501,
6337 before an administrative proceeding regarding the same conduct, the licensee may not be
6338 assessed an administrative fine under this chapter for the same conduct.
6339 (4) (a) If the division concludes that an individual has violated the provisions of
6340 Section 58-68-501, Section 58-68-502, Chapter 1, Division of Occupational and Professional
6341 Licensing Act, Chapter 37, Utah Controlled Substances Act, or any rule or order issued with
6342 respect to these provisions, and disciplinary action is appropriate, the director or director's
6343 designee shall:
6344 (i) issue a citation to the individual;
6345 (ii) attempt to negotiate a stipulated settlement; or
6346 (iii) notify the individual that an adjudicative proceeding conducted under Title 63G,
6347 Chapter 4, Administrative Procedures Act, will be commenced and the individual is invited to
6348 appear.
6349 (b) The division may take the following action against an individual who is in violation
6350 of a provision described in Subsection (4)(a), as evidenced by an uncontested citation, a
6351 stipulated settlement, or a finding of violation in an adjudicative proceeding:
6352 (i) assess a fine of up to $10,000 per single violation or $2,000 per day of ongoing
6353 violation, whichever is greater, in accordance with a fine schedule established by rule; or
6354 (ii) order to cease and desist from the behavior that constitutes a violation of provisions
6355 described in Subsection (4)(a).
6356 (c) Except for an administrative fine and a cease and desist order, the licensure
6357 sanctions cited in Section 58-1-401 may not be assessed through a citation.
6358 (d) Each citation issued under this section shall:
6359 (i) be in writing;
6360 (ii) clearly describe or explain:
6361 (A) the nature of the violation, including a reference to the provision of the chapter,
6362 rule, or order alleged to have been violated;
6363 (B) that the recipient must notify the division in writing within 20 calendar days from
6364 the day on which the citation is served if the recipient wishes to contest the citation at a hearing
6365 conducted under Title 63G, Chapter 4, Administrative Procedures Act; and
6366 (C) the consequences of failure to timely contest the citation or pay the fine assessed by
6367 the citation within the time specified in the citation; and
6368 (iii) be served in accordance with the requirements of the Utah Rules of Civil
6369 Procedure.
6370 (e) If the individual to whom the citation is issued fails to request a hearing to contest
6371 the citation within 20 calendar days from the day on which the citation is served, the citation
6372 becomes the final order of the division and is not subject to further agency review. The period
6373 to contest the citation may be extended by the division for cause.
6374 (f) The division may refuse to issue or renew or suspend, revoke, or place on probation
6375 the license of an individual who fails to comply with a citation after the citation becomes final.
6376 (g) The failure of an applicant for licensure to comply with a citation after it becomes
6377 final is a ground for denial of a license.
6378 (h) No citation may be issued under this section after [
6379
6380 violation that is the subject of the citation is reported to the division.
6381 (5) (a) The director may collect a penalty imposed under this section that is not paid by:
6382 (i) referring the matter to a collection agency; or
6383 (ii) bringing an action in the district court of the county where the person against whom
6384 the penalty is imposed resides or in the county where the office of the director is located.
6385 (b) A county attorney or the attorney general of the state shall provide legal assistance
6386 and advice to the director in an action to collect a penalty.
6387 (c) A court shall award reasonable attorney fees and costs to the prevailing party in an
6388 action brought by the division to collect a penalty.
6389 Section 107. Section 58-69-302 is amended to read:
6390 58-69-302. Qualifications -- Licensure as a dentist -- Licensure as a dental
6391 hygienist.
6392 (1) An applicant for licensure as a dentist, except as provided in Subsection (2), shall:
6393 (a) submit an application in a form as prescribed by the division;
6394 (b) pay a fee as determined by the department under Section 63J-1-504;
6395 [
6396 [
6397 program of professional education preparing an individual as a dentist as evidenced by having
6398 received an earned doctor's degree in dentistry from a dental school accredited by the
6399 Commission on Dental Accreditation of the American Dental Association;
6400 [
6401 Commission on National Dental Examinations of the American Dental Association;
6402 [
6403 rule made in collaboration with the board and in accordance with Title 63G, Chapter 3, Utah
6404 Administrative Rulemaking Act;
6405 [
6406 established by division rule made in collaboration with the board and in accordance with Title
6407 63G, Chapter 3, Utah Administrative Rulemaking Act;
6408 [
6409 language and demonstrate proficiency to the satisfaction of the board if requested by the board;
6410 and
6411 [
6412 examining the applicant's qualifications for licensure.
6413 (2) An applicant for licensure as a dentist qualifying under the endorsement provision
6414 of Section 58-1-302 shall:
6415 (a) be currently licensed in good standing with an unrestricted license in another
6416 jurisdiction described in Section 58-1-302;
6417 (b) document having met all requirements for licensure under Subsection (1) except
6418 Subsection [
6419 (c) document having been successfully engaged in clinical practice as a dentist for not
6420 less than 6,000 hours in the five years immediately preceding the date of application for
6421 licensure.
6422 (3) An applicant for licensure as a dental hygienist, except as set forth in Subsection
6423 (4), shall:
6424 (a) submit an application in a form as prescribed by the division;
6425 (b) pay a fee as determined by the department pursuant to Section 63J-1-504;
6426 [
6427 [
6428 accredited by the Commission on Dental Accreditation of the American Dental Association;
6429 [
6430 Joint Commission on National Dental Examinations of the American Dental Association;
6431 [
6432 dental hygiene and written or oral examination in the theory and practice of dental hygiene as
6433 established by division rule made in collaboration with the board;
6434 [
6435 established by rule by division rule made in collaboration with the board;
6436 [
6437 language and demonstrate proficiency to the satisfaction of the board if requested by the board;
6438 and
6439 [
6440 examining the applicant's qualifications for licensure.
6441 (4) An applicant for licensure as a dental hygienist qualifying under the endorsement
6442 provision of Section 58-1-302 shall:
6443 (a) be currently licensed in another jurisdiction set forth in Section 58-1-302;
6444 (b) (i) document having met all requirements for licensure under Subsection (3) except,
6445 an applicant having received licensure in another state or jurisdiction prior to 1962, the year
6446 when the National Board Dental Hygiene Examinations were first administered, shall
6447 document having passed a state administered examination acceptable to the division in
6448 collaboration with the board; or
6449 (ii) document having obtained licensure in another state or jurisdiction upon which
6450 licensure by endorsement is based by meeting requirements which were equal to licensure
6451 requirements in Utah at the time the applicant obtained licensure in the other state or
6452 jurisdiction; and
6453 (c) document having been successfully engaged in practice as a dental hygienist for not
6454 less than 2,000 hours in the two years immediately preceding the date of application for
6455 licensure.
6456 Section 108. Section 58-70a-302 is amended to read:
6457 58-70a-302. Qualifications for licensure.
6458 Each applicant for licensure as a physician assistant shall:
6459 (1) submit an application in a form prescribed by the division;
6460 (2) pay a fee determined by the department under Section 63J-1-504;
6461 [
6462 [
6463 (a) Accreditation Review Commission on Education for the Physician Assistant; or
6464 (b) if prior to January 1, 2001, either the:
6465 (i) Committee on Accreditation of Allied Health Education Programs; or
6466 (ii) Committee on Allied Health Education and Accreditation;
6467 [
6468 collaboration with the board;
6469 [
6470 purpose of evaluating the applicant's qualifications for licensure; and
6471 [
6472 the division indicating:
6473 (i) the applicant has completed a delegation of services agreement signed by the
6474 physician assistant and the supervising physician; and
6475 (ii) the agreement is on file at the Utah practice sites; or
6476 (b) complete a form provided by the division indicating the applicant is not practicing
6477 in Utah and, prior to practicing in Utah, the applicant will meet the requirements of Subsection
6478 [
6479 Section 109. Section 58-70a-306 is amended to read:
6480 58-70a-306. Temporary license.
6481 (1) An applicant for licensure as a physician assistant who has met all qualifications for
6482 licensure except passing an examination component as required in Section 58-70a-302, may
6483 apply for and be granted a temporary license to practice under Subsection (2).
6484 (2) (a) The applicant shall submit to the division evidence of completion of a physician
6485 assistant program as defined in Subsection 58-70a-302[
6486 (b) (i) The temporary license shall be issued for a period not to exceed 120 days to
6487 allow the applicant to pass the Physician Assistant National Certifying Examination.
6488 (ii) The temporary license may not be renewed or extended.
6489 (c) A physician assistant holding a temporary license may work only under the direct
6490 supervision of an approved supervising or substitute supervising physician in accordance with
6491 a delegation of services agreement, and all patient charts shall be reviewed and countersigned
6492 by the supervising or substitute supervising physician.
6493 Section 110. Section 58-71-302 is amended to read:
6494 58-71-302. Qualifications for licensure.
6495 (1) An applicant for licensure as a naturopathic physician, except as set forth in
6496 Subsection (2), shall:
6497 (a) submit an application in a form prescribed by the division, which may include:
6498 (i) submissions by the applicant of information maintained by practitioner data banks,
6499 as designated by division rule, with respect to the applicant; and
6500 (ii) a record of professional liability claims made against the applicant and settlements
6501 paid by or in behalf of the applicant;
6502 (b) pay a fee determined by the department under Section 63J-1-504;
6503 [
6504 [
6505 program of professional education preparing an individual as a naturopathic physician, as
6506 evidenced by having received an earned degree of doctor of naturopathic medicine from:
6507 (i) a naturopathic medical school or college accredited by the Council of Naturopathic
6508 Medical Education or its successor organization approved by the division;
6509 (ii) a naturopathic medical school or college that is a candidate for accreditation by the
6510 Council of Naturopathic Medical Education or its successor organization, and is approved by
6511 the division in collaboration with the board, upon a finding there is reasonable expectation the
6512 school or college will be accredited; or
6513 (iii) a naturopathic medical school or college which, at the time of the applicant's
6514 graduation, met current criteria for accreditation by the Council of Naturopathic Medical
6515 Education or its successor organization approved by the division;
6516 [
6517 successful completion of the education requirements set forth in Subsection [
6518 months of clinical experience in naturopathic medicine in a residency program recognized by
6519 the division and associated with an accredited school or college of naturopathic medicine, and
6520 under the preceptorship of a licensed naturopathic physician, physician and surgeon, or
6521 osteopathic physician;
6522 [
6523 in collaboration with the board;
6524 [
6525 language and demonstrate proficiency to the satisfaction of the board if requested by the board;
6526 and
6527 [
6528 purpose of evaluating the applicant's qualifications for licensure.
6529 (2) (a) In accordance with Subsection (2)(b), an applicant for licensure as a
6530 naturopathic physician under the endorsement provision of Section 58-1-302 shall:
6531 (i) meet the requirements of Section 58-1-302;
6532 (ii) document having met all requirements for licensure under Subsection (1) except
6533 the clinical experience requirement of Subsection [
6534 (iii) have passed the examination requirements established under Subsection [
6535
6536 (A) the applicant has not passed in connection with licensure in another state or
6537 jurisdiction; and
6538 (B) are available to the applicant to take without requiring additional professional
6539 education;
6540 (iv) have been actively engaged in the practice of a naturopathic physician for not less
6541 than 6,000 hours during the five years immediately preceding the date of application for
6542 licensure in Utah; and
6543 (v) meet with the board and representatives of the division for the purpose of
6544 evaluating the applicant's qualifications for licensure.
6545 (b) The division may rely, either wholly or in part, on one or more credentialing
6546 associations designated by division rule, made in collaboration with the board, to document
6547 and certify in writing to the satisfaction of the division that an applicant has met each of the
6548 requirements of this Subsection (2), including the requirements of Section 58-1-302, and that:
6549 (i) the applicant holds a current license;
6550 (ii) the education, experience, and examination requirements of the foreign country or
6551 the state, district, or territory of the United States that issued the applicant's license are, or were
6552 at the time the license was issued, equal to those of this state for licensure as a naturopathic
6553 physician; and
6554 (iii) the applicant has produced evidence satisfactory to the division of the applicant's
6555 qualifications, identity, and good standing as a naturopathic physician.
6556 Section 111. Section 58-72-302 is amended to read:
6557 58-72-302. Qualifications for licensure.
6558 An applicant for licensure as a licensed acupuncturist shall:
6559 (1) submit an application in a form prescribed by the division;
6560 (2) pay a fee determined by the department under Section 63J-1-504;
6561 [
6562 [
6563 guidelines established by the National Commission for the Certification of Acupuncture and
6564 Oriental Medicine (NCCAOM) as demonstrated through a current certificate or other
6565 appropriate documentation;
6566 [
6567 [
6568 informed consent to treatment; and
6569 [
6570 qualifications for licensure.
6571 Section 112. Section 58-73-302 is amended to read:
6572 58-73-302. Qualifications for licensure.
6573 (1) Each applicant for licensure as a chiropractic physician, other than those applying
6574 for a license based on licensure as a chiropractor or chiropractic physician in another
6575 jurisdiction, shall:
6576 (a) submit an application in a form prescribed by the division;
6577 (b) pay a fee determined by the department under Section 63J-1-504;
6578 [
6579 [
6580 college or university;
6581 [
6582 chiropractic college or university that at the time the degree was conferred was accredited by
6583 the Council on Chiropractic Education, Inc., or an equivalent chiropractic accrediting body
6584 recognized by the United States Department of Education and by the division rule made in
6585 collaboration with the board;
6586 [
6587 (i) the National Chiropractic Boards:
6588 (A) Parts I and II;
6589 (B) Written Clinical Competency Examination; and
6590 (C) Physical Therapy;
6591 (ii) the Utah Chiropractic Law and Rules Examination; and
6592 (iii) a practical examination approved by the division in collaboration with the board;
6593 and
6594 [
6595 qualifications for licensure.
6596 (2) Each applicant for licensure as a chiropractic physician based on licensure as a
6597 chiropractor or chiropractic physician in another jurisdiction shall:
6598 (a) submit an application in the form prescribed by the division;
6599 (b) pay a fee determined by the department under Section 63J-1-504;
6600 [
6601 [
6602 physician in another state under education requirements which were equivalent to the education
6603 requirements in this state to obtain a chiropractor or chiropractic physician license at the time
6604 the applicant obtained the license in the other state;
6605 [
6606 (i) the Utah Chiropractic Law and Rules Examination; and
6607 (ii) the Special Purposes Examination for Chiropractic (SPEC) of the National Board
6608 of Chiropractic Examiners;
6609 [
6610 years immediately preceding application for licensure in this state; and
6611 [
6612 qualifications for licensure.
6613 Section 113. Section 58-74-102 is amended to read:
6614 58-74-102. Definitions.
6615 In addition to the definitions in Section 58-1-102, as used in this chapter:
6616 (1) "Practice of court reporting" means the making of a verbatim record, by
6617 stenography or voice writing, of any trial, legislative public hearing, state agency public
6618 hearing, deposition, examination before trial, hearing or proceeding before any grand jury,
6619 referee, board, commission, master or arbitrator, or other sworn testimony given under oath.
6620 (2) "State certified court reporter" means a person who engages in the practice of court
6621 reporting and has met the requirements for state certification as a state certified court reporter.
6622 (3) "Unlawful conduct" means the same as that term is defined in Sections 58-1-501
6623 and 58-74-501.
6624 (4) "Unprofessional conduct" means the same as that term is defined in [
6625 Sections 58-1-501 and 58-74-502 and as may be further defined by rule.
6626 Section 114. Section 58-74-302 is amended to read:
6627 58-74-302. Qualifications for state certification.
6628 (1) Each applicant for state certification as a state certified court reporter under this
6629 chapter shall:
6630 (a) be at least 18 years of age;
6631 (b) be a citizen of the United States and a resident of the state;
6632 (c) submit an application in a form prescribed by the division;
6633 (d) pay a fee determined by the department under Section 63J-1-504;
6634 (e) possess a high degree of skill and ability in the art of court reporting; and
6635 [
6636 [
6637 Professional Reporter Examination of the National Court Reporters Association or the
6638 Certified Verbatim Reporter Examination of the National Verbatim Reporters Association.
6639 (2) [
6640 may use the abbreviation "C.C.R." or "C.V.R." as long as the person's certificate is current and
6641 valid.
6642 Section 115. Section 58-75-302 is amended to read:
6643 58-75-302. Qualifications for licensure -- Temporary license.
6644 (1) Except as provided in Subsection (2), each applicant for licensure as a genetic
6645 counselor under this chapter shall:
6646 (a) submit an application in a form prescribed by the division;
6647 (b) pay a fee determined by the department under Section 63J-1-504;
6648 [
6649 [
6650 (i) a master's degree from a genetic counseling training program that is accredited by
6651 the American Board of Genetic Counseling or an equivalent as determined by the division; or
6652 (ii) a doctoral degree from a medical genetics training program that is accredited by the
6653 American Board of Medical Genetics or an equivalent as determined by the division; and
6654 [
6655 (i) a genetic counselor by the American Board of Genetic Counseling or the American
6656 Board of Medical Genetics; or
6657 (ii) a medical geneticist by the American Board of Medical Genetics.
6658 (2) The division may issue a temporary license, in accordance with Section 58-1-303
6659 and any other conditions established by rule, to an applicant who meets all of the requirements
6660 for licensure except the examination requirement of Subsection [
6661 Section 116. Section 58-76-302 is amended to read:
6662 58-76-302. Qualifications for licensure.
6663 Each applicant for licensure as a professional geologist shall:
6664 (1) submit an application in a form as prescribed by the division;
6665 (2) pay a fee as determined by the department under Section 63J-1-504;
6666 [
6667 [
6668 (a) a bachelors or graduate degree in the geosciences granted through an institution of
6669 higher education that is accredited by a regional or national accrediting agency with a minimum
6670 of 30 semester or 45 quarter hours of course work in the geosciences; or
6671 (b) completion of other equivalent educational requirements as determined by the
6672 division in collaboration with the board;
6673 [
6674 (a) with a bachelors degree, a specific record of five years of active professional
6675 practice in geological work of a character satisfactory to the division, indicating the applicant is
6676 competent to be placed in a responsible charge of the work;
6677 (b) with a masters degree, a specific record of three years of active professional
6678 practice in geological work of a character satisfactory to the division, indicating the applicant is
6679 competent to be placed in a responsible charge of the work; or
6680 (c) with a doctorate degree, a specific record of one year of active professional practice
6681 in geological work of a character satisfactory to the division, indicating the applicant is
6682 competent to be placed in a responsible charge of the work; and
6683 [
6684 by the division in collaboration with the board.
6685 Section 117. Section 58-76-502 is amended to read:
6686 58-76-502. Penalty for unlawful conduct.
6687 (1) (a) If, upon inspection or investigation, the division concludes that a person has
6688 violated Section 58-76-501 or any rule or order issued with respect to Section 58-76-501, and
6689 that disciplinary action is appropriate, the director or the director's designee from within the
6690 division shall promptly issue a citation to the person according to this chapter and any pertinent
6691 rules, attempt to negotiate a stipulated settlement, or notify the person to appear before an
6692 adjudicative proceeding conducted under Title 63G, Chapter 4, Administrative Procedures Act.
6693 (i) A person who violates Subsections 58-1-501(1)(a) through (d) or Section 58-76-501
6694 or any rule or order issued with respect to Section 58-76-501, as evidenced by an uncontested
6695 citation, a stipulated settlement, or by a finding of violation in an adjudicative proceeding, may
6696 be assessed a fine pursuant to this Subsection (1) and may, in addition to or in lieu of, be
6697 ordered to cease and desist from violating Subsections 58-1-501(1)(a) through (d) or Section
6698 58-76-501 or any rule or order issued with respect to this section.
6699 (ii) Except for a cease and desist order, the licensure sanctions cited in Section
6700 58-76-401 may not be assessed through a citation.
6701 (b) A citation shall:
6702 (i) be in writing;
6703 (ii) describe with particularity the nature of the violation, including a reference to the
6704 provision of the chapter, rule, or order alleged to have been violated;
6705 (iii) clearly state that the recipient must notify the division in writing within 20
6706 calendar days of service of the citation if the recipient wishes to contest the citation at a hearing
6707 conducted under Title 63G, Chapter 4, Administrative Procedures Act; and
6708 (iv) clearly explain the consequences of failure to timely contest the citation or to make
6709 payment of any fines assessed by the citation within the time specified in the citation.
6710 (c) The division may issue a notice in lieu of a citation.
6711 (d) Each citation issued under this section, or a copy of each citation, may be served
6712 upon any person upon whom a summons may be served in accordance with the Utah Rules of
6713 Civil Procedure and may be made personally or upon the person's agent by a division
6714 investigator or by any person specially designated by the director or by mail.
6715 (e) If within 20 calendar days from the service of the citation, the person to whom the
6716 citation was issued fails to request a hearing to contest the citation, the citation becomes the
6717 final order of the division and is not subject to further agency review. The period to contest a
6718 citation may be extended by the division for cause.
6719 (f) The division may refuse to issue or renew, suspend, revoke, or place on probation
6720 the license of a licensee who fails to comply with a citation after it becomes final.
6721 (g) The failure of an applicant for licensure to comply with a citation after it becomes
6722 final is a ground for denial of license.
6723 (h) No citation may be issued under this section after the expiration of [
6724
6725 that is the subject of the citation is reported to the division.
6726 (i) The director or the director's designee shall assess fines according to the following:
6727 (i) for a first offense handled pursuant to Subsection (1)(a), a fine of up to $1,000;
6728 (ii) for a second offense handled pursuant to Subsection (1)(a), a fine of up to $2,000;
6729 and
6730 (iii) for any subsequent offense handled pursuant to Subsection (1)(a), a fine of up to
6731 $2,000 for each day of continued offense.
6732 (2) An action initiated for a first or second offense which has not yet resulted in a final
6733 order of the division shall not preclude initiation of any subsequent action for a second or
6734 subsequent offense during the pendency of any preceding action. The final order on a
6735 subsequent action shall be considered a second or subsequent offense, respectively, provided
6736 the preceding action resulted in a first or second offense, respectively.
6737 (3) (a) The director may collect a penalty that is not paid by:
6738 (i) referring the matter to a collection agency; or
6739 (ii) bringing an action in the district court of the county where the person against whom
6740 the penalty is imposed resides or in the county where the office of the director is located.
6741 (b) A county attorney or the attorney general of the state shall provide legal assistance
6742 and advice to the director in an action to collect a penalty.
6743 (c) A court shall award reasonable attorney fees and costs to the prevailing party in an
6744 action brought by the division to collect a penalty.
6745 Section 118. Section 58-77-302 is amended to read:
6746 58-77-302. Qualifications for licensure.
6747 Each applicant for licensure as a licensed direct-entry midwife shall:
6748 (1) submit an application in a form prescribed by the division;
6749 (2) pay a fee as determined by the department under Section 63J-1-504;
6750 [
6751 [
6752 North American Registry of Midwives or equivalent certification approved by the division in
6753 collaboration with the board;
6754 [
6755 through an organization approved by the division in collaboration with the board; and
6756 [
6757 pharmacology course as defined by division rule.
6758 Section 119. Section 58-78-302 is amended to read:
6759 58-78-302. Qualifications for licensure -- Licensure by credential.
6760 (1) Except as provided in Subsection (2), an applicant for licensure as a vocational
6761 rehabilitation counselor under this chapter shall:
6762 (a) submit an application in a form as prescribed by the division;
6763 (b) pay a fee determined by the department under Section 63J-1-504 to recover the
6764 costs of administering licensing requirements relating to vocational rehabilitation counselors;
6765 [
6766 [
6767 rehabilitation counseling or a related field;
6768 [
6769 experience under the supervision of a licensed vocational rehabilitation counselor, except as
6770 otherwise provided in Subsection (2); and
6771 [
6772 collaboration with the board.
6773 (2) The division may issue a license under this chapter to an individual who is licensed
6774 in another state or jurisdiction to practice vocational rehabilitation counseling if the division
6775 finds that the other state or jurisdiction has substantially the same or higher licensure
6776 requirements as this state.
6777 Section 120. Section 58-79-302 is amended to read:
6778 58-79-302. Qualifications for licensure.
6779 (1) An applicant for licensure as a hunting guide shall:
6780 (a) submit an application in a form prescribed by the division;
6781 (b) pay a fee determined by the department under Section 63J-1-504;
6782 [
6783 [
6784 [
6785 by rule by the division in collaboration with the board; and
6786 [
6787 (2) An applicant for licensure as an outfitter shall:
6788 (a) submit an application in a form prescribed by the division;
6789 (b) pay a fee determined by the department under Section 63J-1-504;
6790 [
6791 [
6792 [
6793 by rule by the division in collaboration with the board; and
6794 [
6795 Section 121. Section 58-84-201 is amended to read:
6796 58-84-201. Qualifications for state certification.
6797 (1) The division shall grant state certification to a person who qualifies under this
6798 chapter to engage in the practice of music therapy as a state certified music therapist.
6799 (2) Each applicant for state certification as a state certified music therapist shall:
6800 (a) submit an application in a form prescribed by the division;
6801 (b) pay a fee determined by the department under Section 63J-1-504; and
6802 [
6803 [
6804 in good standing with, the Certification Board for Music Therapists, or an equivalent board as
6805 determined by division rule.
6806 Section 122. Section 58-86-202 is amended to read:
6807 58-86-202. Qualifications for state certification.
6808 Each applicant for state certification as a state certified commercial interior designer
6809 shall:
6810 (1) submit an application in a form prescribed by the division;
6811 (2) pay a fee determined by the department under Section 63J-1-504; and
6812 (3) provide satisfactory evidence of[
6813 qualified to take and having passed the examination of the National Council for Interior Design
6814 Qualification, or an equivalent body as determined by division rule.
6815 Section 123. Section 58-86-302 is amended to read:
6816 58-86-302. Penalty for unlawful conduct.
6817 (1) If upon inspection or investigation the division concludes that a person has violated
6818 Subsections 58-1-501(1)(a) through (d), Section 58-86-301, or a rule or order issued with
6819 respect to Section 58-86-301, and that disciplinary action is appropriate, the director or the
6820 director's designee may:
6821 (a) issue a citation to the person according to this chapter and any pertinent rules;
6822 (b) attempt to negotiate a stipulated settlement; or
6823 (c) notify the person to appear at an adjudicative proceeding conducted under Title
6824 63G, Chapter 4, Administrative Procedures Act.
6825 (2) A person who violates Subsections 58-1-501(1)(a) through (d), Section 58-86-301,
6826 or a rule or order issued with respect to Section 58-86-301, as evidenced by an uncontested
6827 citation, a stipulated settlement, or by a finding of violation in an adjudicative proceeding, may
6828 be assessed a fine pursuant to this chapter and may, in addition to or in lieu of the fine, be
6829 ordered to cease and desist from violating Subsections 58-1-501(1)(a) through (d), Section
6830 58-86-301, or a rule or order issued with respect to Section 58-86-301.
6831 (3) A citation issued under this chapter shall:
6832 (a) be in writing;
6833 (b) describe with particularity the nature of the violation, including a reference to the
6834 provision of the chapter, rule, or order alleged to have been violated;
6835 (c) clearly state that the recipient must notify the division in writing within 20 calendar
6836 days of service of the citation if the recipient wishes to contest the citation at a hearing
6837 conducted under Title 63G, Chapter 4, Administrative Procedures Act; and
6838 (d) clearly explain the consequences of failure to timely contest the citation or to make
6839 payment of any fines assessed by the citation within the time specified in the citation.
6840 (4) The division may issue a notice in lieu of a citation.
6841 (5) A citation issued under this section, or a copy of the citation, may be served upon a
6842 person upon whom a summons may be served in accordance with the Utah Rules of Civil
6843 Procedure and may be made by mail or may be made personally or upon the person's agent by a
6844 division investigator or by a person specially designated by the director.
6845 (6) (a) If within 20 calendar days from the service of the citation the person to whom
6846 the citation was issued fails to request a hearing to contest the citation, the citation becomes the
6847 final order of the division and is not subject to further agency review.
6848 (b) The period to contest a citation may be extended by the division for cause.
6849 (7) The division may refuse to issue or renew or may suspend, revoke, or place on
6850 probation the state certification of a state certified commercial interior designer who fails to
6851 comply with a citation after the citation becomes final.
6852 (8) The failure of an applicant for state certification to comply with a citation after the
6853 citation becomes final is a ground for denial of state certification.
6854 (9) No citation may be issued under this section after the expiration of [
6855
6856 is the subject of the citation is reported to the division.
6857 (10) The director or the director's designee shall assess fines according to the
6858 following:
6859 (a) for a first offense handled pursuant to this section, a fine of up to $1,000;
6860 (b) for a second offense handled pursuant to this section, a fine of up to $2,000; and
6861 (c) for any subsequent offense handled pursuant to this section, a fine of up to $2,000
6862 for each day of continued offense.
6863 (11) An action initiated for a first or second offense that has not yet resulted in a final
6864 order of the division does not preclude initiation of a subsequent action for a second or
6865 subsequent offense during the pendency of a preceding action.
6866 (12) (a) A penalty that is not paid may be collected by the director by either referring
6867 the matter to a collection agency or by bringing an action in the district court of the county in
6868 which the person against whom the penalty is imposed resides or in the county where the office
6869 of the director is located.
6870 (b) A county attorney or the attorney general of the state shall provide legal assistance
6871 and advice to the director in an action to collect the penalty.
6872 (c) In an action brought to enforce the provisions of this section, reasonable attorney
6873 fees and costs shall be awarded to the division.
6874 Section 124. Section 63G-2-305 is amended to read:
6875 63G-2-305. Protected records.
6876 The following records are protected if properly classified by a governmental entity:
6877 (1) trade secrets as defined in Section 13-24-2 if the person submitting the trade secret
6878 has provided the governmental entity with the information specified in Section 63G-2-309;
6879 (2) commercial information or nonindividual financial information obtained from a
6880 person if:
6881 (a) disclosure of the information could reasonably be expected to result in unfair
6882 competitive injury to the person submitting the information or would impair the ability of the
6883 governmental entity to obtain necessary information in the future;
6884 (b) the person submitting the information has a greater interest in prohibiting access
6885 than the public in obtaining access; and
6886 (c) the person submitting the information has provided the governmental entity with
6887 the information specified in Section 63G-2-309;
6888 (3) commercial or financial information acquired or prepared by a governmental entity
6889 to the extent that disclosure would lead to financial speculations in currencies, securities, or
6890 commodities that will interfere with a planned transaction by the governmental entity or cause
6891 substantial financial injury to the governmental entity or state economy;
6892 (4) records, the disclosure of which could cause commercial injury to, or confer a
6893 competitive advantage upon a potential or actual competitor of, a commercial project entity as
6894 defined in Subsection 11-13-103(4);
6895 (5) test questions and answers to be used in future license, certification, registration,
6896 employment, or academic examinations;
6897 (6) records, the disclosure of which would impair governmental procurement
6898 proceedings or give an unfair advantage to any person proposing to enter into a contract or
6899 agreement with a governmental entity, except, subject to Subsections (1) and (2), that this
6900 Subsection (6) does not restrict the right of a person to have access to, after the contract or
6901 grant has been awarded and signed by all parties:
6902 (a) a bid, proposal, application, or other information submitted to or by a governmental
6903 entity in response to:
6904 (i) an invitation for bids;
6905 (ii) a request for proposals;
6906 (iii) a request for quotes;
6907 (iv) a grant; or
6908 (v) other similar document; or
6909 (b) an unsolicited proposal, as defined in Section 63G-6a-712;
6910 (7) information submitted to or by a governmental entity in response to a request for
6911 information, except, subject to Subsections (1) and (2), that this Subsection (7) does not restrict
6912 the right of a person to have access to the information, after:
6913 (a) a contract directly relating to the subject of the request for information has been
6914 awarded and signed by all parties; or
6915 (b) (i) a final determination is made not to enter into a contract that relates to the
6916 subject of the request for information; and
6917 (ii) at least two years have passed after the day on which the request for information is
6918 issued;
6919 (8) records that would identify real property or the appraisal or estimated value of real
6920 or personal property, including intellectual property, under consideration for public acquisition
6921 before any rights to the property are acquired unless:
6922 (a) public interest in obtaining access to the information is greater than or equal to the
6923 governmental entity's need to acquire the property on the best terms possible;
6924 (b) the information has already been disclosed to persons not employed by or under a
6925 duty of confidentiality to the entity;
6926 (c) in the case of records that would identify property, potential sellers of the described
6927 property have already learned of the governmental entity's plans to acquire the property;
6928 (d) in the case of records that would identify the appraisal or estimated value of
6929 property, the potential sellers have already learned of the governmental entity's estimated value
6930 of the property; or
6931 (e) the property under consideration for public acquisition is a single family residence
6932 and the governmental entity seeking to acquire the property has initiated negotiations to acquire
6933 the property as required under Section 78B-6-505;
6934 (9) records prepared in contemplation of sale, exchange, lease, rental, or other
6935 compensated transaction of real or personal property including intellectual property, which, if
6936 disclosed prior to completion of the transaction, would reveal the appraisal or estimated value
6937 of the subject property, unless:
6938 (a) the public interest in access is greater than or equal to the interests in restricting
6939 access, including the governmental entity's interest in maximizing the financial benefit of the
6940 transaction; or
6941 (b) when prepared by or on behalf of a governmental entity, appraisals or estimates of
6942 the value of the subject property have already been disclosed to persons not employed by or
6943 under a duty of confidentiality to the entity;
6944 (10) records created or maintained for civil, criminal, or administrative enforcement
6945 purposes or audit purposes, or for discipline, licensing, certification, or registration purposes, if
6946 release of the records:
6947 (a) reasonably could be expected to interfere with investigations undertaken for
6948 enforcement, discipline, licensing, certification, or registration purposes;
6949 (b) reasonably could be expected to interfere with audits, disciplinary, or enforcement
6950 proceedings;
6951 (c) would create a danger of depriving a person of a right to a fair trial or impartial
6952 hearing;
6953 (d) reasonably could be expected to disclose the identity of a source who is not
6954 generally known outside of government and, in the case of a record compiled in the course of
6955 an investigation, disclose information furnished by a source not generally known outside of
6956 government if disclosure would compromise the source; or
6957 (e) reasonably could be expected to disclose investigative or audit techniques,
6958 procedures, policies, or orders not generally known outside of government if disclosure would
6959 interfere with enforcement or audit efforts;
6960 (11) records the disclosure of which would jeopardize the life or safety of an
6961 individual;
6962 (12) records the disclosure of which would jeopardize the security of governmental
6963 property, governmental programs, or governmental recordkeeping systems from damage, theft,
6964 or other appropriation or use contrary to law or public policy;
6965 (13) records that, if disclosed, would jeopardize the security or safety of a correctional
6966 facility, or records relating to incarceration, treatment, probation, or parole, that would interfere
6967 with the control and supervision of an offender's incarceration, treatment, probation, or parole;
6968 (14) records that, if disclosed, would reveal recommendations made to the Board of
6969 Pardons and Parole by an employee of or contractor for the Department of Corrections, the
6970 Board of Pardons and Parole, or the Department of Human Services that are based on the
6971 employee's or contractor's supervision, diagnosis, or treatment of any person within the board's
6972 jurisdiction;
6973 (15) records and audit workpapers that identify audit, collection, and operational
6974 procedures and methods used by the State Tax Commission, if disclosure would interfere with
6975 audits or collections;
6976 (16) records of a governmental audit agency relating to an ongoing or planned audit
6977 until the final audit is released;
6978 (17) records that are subject to the attorney client privilege;
6979 (18) records prepared for or by an attorney, consultant, surety, indemnitor, insurer,
6980 employee, or agent of a governmental entity for, or in anticipation of, litigation or a judicial,
6981 quasi-judicial, or administrative proceeding;
6982 (19) (a) (i) personal files of a state legislator, including personal correspondence to or
6983 from a member of the Legislature; and
6984 (ii) notwithstanding Subsection (19)(a)(i), correspondence that gives notice of
6985 legislative action or policy may not be classified as protected under this section; and
6986 (b) (i) an internal communication that is part of the deliberative process in connection
6987 with the preparation of legislation between:
6988 (A) members of a legislative body;
6989 (B) a member of a legislative body and a member of the legislative body's staff; or
6990 (C) members of a legislative body's staff; and
6991 (ii) notwithstanding Subsection (19)(b)(i), a communication that gives notice of
6992 legislative action or policy may not be classified as protected under this section;
6993 (20) (a) records in the custody or control of the Office of Legislative Research and
6994 General Counsel, that, if disclosed, would reveal a particular legislator's contemplated
6995 legislation or contemplated course of action before the legislator has elected to support the
6996 legislation or course of action, or made the legislation or course of action public; and
6997 (b) notwithstanding Subsection (20)(a), the form to request legislation submitted to the
6998 Office of Legislative Research and General Counsel is a public document unless a legislator
6999 asks that the records requesting the legislation be maintained as protected records until such
7000 time as the legislator elects to make the legislation or course of action public;
7001 (21) research requests from legislators to the Office of Legislative Research and
7002 General Counsel or the Office of the Legislative Fiscal Analyst and research findings prepared
7003 in response to these requests;
7004 (22) drafts, unless otherwise classified as public;
7005 (23) records concerning a governmental entity's strategy about:
7006 (a) collective bargaining; or
7007 (b) imminent or pending litigation;
7008 (24) records of investigations of loss occurrences and analyses of loss occurrences that
7009 may be covered by the Risk Management Fund, the Employers' Reinsurance Fund, the
7010 Uninsured Employers' Fund, or similar divisions in other governmental entities;
7011 (25) records, other than personnel evaluations, that contain a personal recommendation
7012 concerning an individual if disclosure would constitute a clearly unwarranted invasion of
7013 personal privacy, or disclosure is not in the public interest;
7014 (26) records that reveal the location of historic, prehistoric, paleontological, or
7015 biological resources that if known would jeopardize the security of those resources or of
7016 valuable historic, scientific, educational, or cultural information;
7017 (27) records of independent state agencies if the disclosure of the records would
7018 conflict with the fiduciary obligations of the agency;
7019 (28) records of an institution within the state system of higher education defined in
7020 Section 53B-1-102 regarding tenure evaluations, appointments, applications for admissions,
7021 retention decisions, and promotions, which could be properly discussed in a meeting closed in
7022 accordance with Title 52, Chapter 4, Open and Public Meetings Act, provided that records of
7023 the final decisions about tenure, appointments, retention, promotions, or those students
7024 admitted, may not be classified as protected under this section;
7025 (29) records of the governor's office, including budget recommendations, legislative
7026 proposals, and policy statements, that if disclosed would reveal the governor's contemplated
7027 policies or contemplated courses of action before the governor has implemented or rejected
7028 those policies or courses of action or made them public;
7029 (30) records of the Office of the Legislative Fiscal Analyst relating to budget analysis,
7030 revenue estimates, and fiscal notes of proposed legislation before issuance of the final
7031 recommendations in these areas;
7032 (31) records provided by the United States or by a government entity outside the state
7033 that are given to the governmental entity with a requirement that they be managed as protected
7034 records if the providing entity certifies that the record would not be subject to public disclosure
7035 if retained by it;
7036 (32) transcripts, minutes, recordings, or reports of the closed portion of a meeting of a
7037 public body except as provided in Section 52-4-206;
7038 (33) records that would reveal the contents of settlement negotiations but not including
7039 final settlements or empirical data to the extent that they are not otherwise exempt from
7040 disclosure;
7041 (34) memoranda prepared by staff and used in the decision-making process by an
7042 administrative law judge, a member of the Board of Pardons and Parole, or a member of any
7043 other body charged by law with performing a quasi-judicial function;
7044 (35) records that would reveal negotiations regarding assistance or incentives offered
7045 by or requested from a governmental entity for the purpose of encouraging a person to expand
7046 or locate a business in Utah, but only if disclosure would result in actual economic harm to the
7047 person or place the governmental entity at a competitive disadvantage, but this section may not
7048 be used to restrict access to a record evidencing a final contract;
7049 (36) materials to which access must be limited for purposes of securing or maintaining
7050 the governmental entity's proprietary protection of intellectual property rights including patents,
7051 copyrights, and trade secrets;
7052 (37) the name of a donor or a prospective donor to a governmental entity, including an
7053 institution within the state system of higher education defined in Section 53B-1-102, and other
7054 information concerning the donation that could reasonably be expected to reveal the identity of
7055 the donor, provided that:
7056 (a) the donor requests anonymity in writing;
7057 (b) any terms, conditions, restrictions, or privileges relating to the donation may not be
7058 classified protected by the governmental entity under this Subsection (37); and
7059 (c) except for an institution within the state system of higher education defined in
7060 Section 53B-1-102, the governmental unit to which the donation is made is primarily engaged
7061 in educational, charitable, or artistic endeavors, and has no regulatory or legislative authority
7062 over the donor, a member of the donor's immediate family, or any entity owned or controlled
7063 by the donor or the donor's immediate family;
7064 (38) accident reports, except as provided in Sections 41-6a-404, 41-12a-202, and
7065 73-18-13;
7066 (39) a notification of workers' compensation insurance coverage described in Section
7067 34A-2-205;
7068 (40) (a) the following records of an institution within the state system of higher
7069 education defined in Section 53B-1-102, which have been developed, discovered, disclosed to,
7070 or received by or on behalf of faculty, staff, employees, or students of the institution:
7071 (i) unpublished lecture notes;
7072 (ii) unpublished notes, data, and information:
7073 (A) relating to research; and
7074 (B) of:
7075 (I) the institution within the state system of higher education defined in Section
7076 53B-1-102; or
7077 (II) a sponsor of sponsored research;
7078 (iii) unpublished manuscripts;
7079 (iv) creative works in process;
7080 (v) scholarly correspondence; and
7081 (vi) confidential information contained in research proposals;
7082 (b) Subsection (40)(a) may not be construed to prohibit disclosure of public
7083 information required pursuant to Subsection 53B-16-302(2)(a) or (b); and
7084 (c) Subsection (40)(a) may not be construed to affect the ownership of a record;
7085 (41) (a) records in the custody or control of the Office of Legislative Auditor General
7086 that would reveal the name of a particular legislator who requests a legislative audit prior to the
7087 date that audit is completed and made public; and
7088 (b) notwithstanding Subsection (41)(a), a request for a legislative audit submitted to the
7089 Office of the Legislative Auditor General is a public document unless the legislator asks that
7090 the records in the custody or control of the Office of Legislative Auditor General that would
7091 reveal the name of a particular legislator who requests a legislative audit be maintained as
7092 protected records until the audit is completed and made public;
7093 (42) records that provide detail as to the location of an explosive, including a map or
7094 other document that indicates the location of:
7095 (a) a production facility; or
7096 (b) a magazine;
7097 (43) information:
7098 (a) contained in the statewide database of the Division of Aging and Adult Services
7099 created by Section 62A-3-311.1; or
7100 (b) received or maintained in relation to the Identity Theft Reporting Information
7101 System (IRIS) established under Section 67-5-22;
7102 (44) information contained in the Management Information System and Licensing
7103 Information System described in Title 62A, Chapter 4a, Child and Family Services;
7104 (45) information regarding National Guard operations or activities in support of the
7105 National Guard's federal mission;
7106 (46) records provided by any pawn or secondhand business to a law enforcement
7107 agency or to the central database in compliance with Title 13, Chapter 32a, Pawnshop and
7108 Secondhand Merchandise Transaction Information Act;
7109 (47) information regarding food security, risk, and vulnerability assessments performed
7110 by the Department of Agriculture and Food;
7111 (48) except to the extent that the record is exempt from this chapter pursuant to Section
7112 63G-2-106, records related to an emergency plan or program, a copy of which is provided to or
7113 prepared or maintained by the Division of Emergency Management, and the disclosure of
7114 which would jeopardize:
7115 (a) the safety of the general public; or
7116 (b) the security of:
7117 (i) governmental property;
7118 (ii) governmental programs; or
7119 (iii) the property of a private person who provides the Division of Emergency
7120 Management information;
7121 (49) records of the Department of Agriculture and Food that provides for the
7122 identification, tracing, or control of livestock diseases, including any program established under
7123 Title 4, Chapter 24, Utah Livestock Brand and Anti-Theft Act, or Title 4, Chapter 31, Control
7124 of Animal Disease;
7125 (50) as provided in Section 26-39-501:
7126 (a) information or records held by the Department of Health related to a complaint
7127 regarding a child care program or residential child care which the department is unable to
7128 substantiate; and
7129 (b) information or records related to a complaint received by the Department of Health
7130 from an anonymous complainant regarding a child care program or residential child care;
7131 (51) unless otherwise classified as public under Section 63G-2-301 and except as
7132 provided under Section 41-1a-116, an individual's home address, home telephone number, or
7133 personal mobile phone number, if:
7134 (a) the individual is required to provide the information in order to comply with a law,
7135 ordinance, rule, or order of a government entity; and
7136 (b) the subject of the record has a reasonable expectation that this information will be
7137 kept confidential due to:
7138 (i) the nature of the law, ordinance, rule, or order; and
7139 (ii) the individual complying with the law, ordinance, rule, or order;
7140 (52) the portion of the following documents that contains a candidate's residential or
7141 mailing address, if the candidate provides to the filing officer another address or phone number
7142 where the candidate may be contacted:
7143 (a) a declaration of candidacy, a nomination petition, or a certificate of nomination,
7144 described in Section 20A-9-201, 20A-9-202, 20A-9-203, 20A-9-404, 20A-9-405, 20A-9-408,
7145 20A-9-408.5, 20A-9-502, or 20A-9-601;
7146 (b) an affidavit of impecuniosity, described in Section 20A-9-201; or
7147 (c) a notice of intent to gather signatures for candidacy, described in Section
7148 20A-9-408;
7149 (53) the name, home address, work addresses, and telephone numbers of an individual
7150 that is engaged in, or that provides goods or services for, medical or scientific research that is:
7151 (a) conducted within the state system of higher education, as defined in Section
7152 53B-1-102; and
7153 (b) conducted using animals;
7154 (54) in accordance with Section 78A-12-203, any record of the Judicial Performance
7155 Evaluation Commission concerning an individual commissioner's vote on whether or not to
7156 recommend that the voters retain a judge including information disclosed under Subsection
7157 78A-12-203(5)(e);
7158 (55) information collected and a report prepared by the Judicial Performance
7159 Evaluation Commission concerning a judge, unless Section 20A-7-702 or Title 78A, Chapter
7160 12, Judicial Performance Evaluation Commission Act, requires disclosure of, or makes public,
7161 the information or report;
7162 (56) records contained in the Management Information System created in Section
7163 62A-4a-1003;
7164 (57) records provided or received by the Public Lands Policy Coordinating Office in
7165 furtherance of any contract or other agreement made in accordance with Section 63J-4-603;
7166 (58) information requested by and provided to the 911 Division under Section
7167 63H-7a-302;
7168 (59) in accordance with Section 73-10-33:
7169 (a) a management plan for a water conveyance facility in the possession of the Division
7170 of Water Resources or the Board of Water Resources; or
7171 (b) an outline of an emergency response plan in possession of the state or a county or
7172 municipality;
7173 (60) the following records in the custody or control of the Office of Inspector General
7174 of Medicaid Services, created in Section 63A-13-201:
7175 (a) records that would disclose information relating to allegations of personal
7176 misconduct, gross mismanagement, or illegal activity of a person if the information or
7177 allegation cannot be corroborated by the Office of Inspector General of Medicaid Services
7178 through other documents or evidence, and the records relating to the allegation are not relied
7179 upon by the Office of Inspector General of Medicaid Services in preparing a final investigation
7180 report or final audit report;
7181 (b) records and audit workpapers to the extent they would disclose the identity of a
7182 person who, during the course of an investigation or audit, communicated the existence of any
7183 Medicaid fraud, waste, or abuse, or a violation or suspected violation of a law, rule, or
7184 regulation adopted under the laws of this state, a political subdivision of the state, or any
7185 recognized entity of the United States, if the information was disclosed on the condition that
7186 the identity of the person be protected;
7187 (c) before the time that an investigation or audit is completed and the final
7188 investigation or final audit report is released, records or drafts circulated to a person who is not
7189 an employee or head of a governmental entity for the person's response or information;
7190 (d) records that would disclose an outline or part of any investigation, audit survey
7191 plan, or audit program; or
7192 (e) requests for an investigation or audit, if disclosure would risk circumvention of an
7193 investigation or audit;
7194 (61) records that reveal methods used by the Office of Inspector General of Medicaid
7195 Services, the fraud unit, or the Department of Health, to discover Medicaid fraud, waste, or
7196 abuse;
7197 (62) information provided to the Department of Health or the Division of Occupational
7198 and Professional Licensing under [
7199 Subsections 58-68-304(3) [
7200 (63) a record described in Section 63G-12-210;
7201 (64) captured plate data that is obtained through an automatic license plate reader
7202 system used by a governmental entity as authorized in Section 41-6a-2003;
7203 (65) any record in the custody of the Utah Office for Victims of Crime relating to a
7204 victim, including:
7205 (a) a victim's application or request for benefits;
7206 (b) a victim's receipt or denial of benefits; and
7207 (c) any administrative notes or records made or created for the purpose of, or used to,
7208 evaluate or communicate a victim's eligibility for or denial of benefits from the Crime Victim
7209 Reparations Fund;
7210 (66) an audio or video recording created by a body-worn camera, as that term is
7211 defined in Section 77-7a-103, that records sound or images inside a hospital or health care
7212 facility as those terms are defined in Section 78B-3-403, inside a clinic of a health care
7213 provider, as that term is defined in Section 78B-3-403, or inside a human service program as
7214 that term is defined in Section 62A-2-101, except for recordings that:
7215 (a) depict the commission of an alleged crime;
7216 (b) record any encounter between a law enforcement officer and a person that results in
7217 death or bodily injury, or includes an instance when an officer fires a weapon;
7218 (c) record any encounter that is the subject of a complaint or a legal proceeding against
7219 a law enforcement officer or law enforcement agency;
7220 (d) contain an officer involved critical incident as defined in Subsection
7221 76-2-408(1)(d); or
7222 (e) have been requested for reclassification as a public record by a subject or
7223 authorized agent of a subject featured in the recording;
7224 (67) a record pertaining to the search process for a president of an institution of higher
7225 education described in Section 53B-2-102, except for application materials for a publicly
7226 announced finalist; and
7227 (68) an audio recording that is:
7228 (a) produced by an audio recording device that is used in conjunction with a device or
7229 piece of equipment designed or intended for resuscitating an individual or for treating an
7230 individual with a life-threatening condition;
7231 (b) produced during an emergency event when an individual employed to provide law
7232 enforcement, fire protection, paramedic, emergency medical, or other first responder service:
7233 (i) is responding to an individual needing resuscitation or with a life-threatening
7234 condition; and
7235 (ii) uses a device or piece of equipment designed or intended for resuscitating an
7236 individual or for treating an individual with a life-threatening condition; and
7237 (c) intended and used for purposes of training emergency responders how to improve
7238 their response to an emergency situation;
7239 (69) records submitted by or prepared in relation to an applicant seeking a
7240 recommendation by the Research and General Counsel Subcommittee, the Budget
7241 Subcommittee, or the Audit Subcommittee, established under Section 36-12-8, for an
7242 employment position with the Legislature;
7243 (70) work papers as defined in Section 31A-2-204;
7244 (71) a record made available to Adult Protective Services or a law enforcement agency
7245 under Section 61-1-206;
7246 (72) a record submitted to the Insurance Department in accordance with Section
7247 31A-37-201; and
7248 (73) a record described in Section 31A-37-503.
7249 (74) any record created by the Division of Occupational and Professional Licensing as
7250 a result of Subsection 58-37f-304(5) or 58-37f-702(2)(a)(ii); and
7251 (75) a record described in Section 72-16-306 that relates to the reporting of an injury
7252 involving an amusement ride.
7253 Section 125. Section 78B-3-416 is amended to read:
7254 78B-3-416. Division to provide panel -- Exemption -- Procedures -- Statute of
7255 limitations tolled -- Composition of panel -- Expenses -- Division authorized to set license
7256 fees.
7257 (1) (a) The division shall provide a hearing panel in alleged medical liability cases
7258 against health care providers as defined in Section 78B-3-403, except dentists.
7259 (b) (i) The division shall establish procedures for prelitigation consideration of medical
7260 liability claims for damages arising out of the provision of or alleged failure to provide health
7261 care.
7262 (ii) The division may establish rules necessary to administer the process and
7263 procedures related to prelitigation hearings and the conduct of prelitigation hearings in
7264 accordance with Sections 78B-3-416 through 78B-3-420.
7265 (c) The proceedings are informal, nonbinding, and are not subject to Title 63G, Chapter
7266 4, Administrative Procedures Act, but are compulsory as a condition precedent to commencing
7267 litigation.
7268 (d) Proceedings conducted under authority of this section are confidential, privileged,
7269 and immune from civil process.
7270 (e) The division may not provide more than one hearing panel for each alleged medical
7271 liability case against a health care provider.
7272 (2) (a) The party initiating a medical liability action shall file a request for prelitigation
7273 panel review with the division within 60 days after the service of a statutory notice of intent to
7274 commence action under Section 78B-3-412.
7275 (b) The request shall include a copy of the notice of intent to commence action. The
7276 request shall be mailed to all health care providers named in the notice and request.
7277 (3) (a) The filing of a request for prelitigation panel review under this section tolls the
7278 applicable statute of limitations until the later of:
7279 (i) 60 days following the division's issuance of:
7280 (A) an opinion by the prelitigation panel; or
7281 (B) a certificate of compliance under Section 78B-3-418; or
7282 (ii) the expiration of the time for holding a hearing under Subsection (3)(b)(ii).
7283 (b) The division shall:
7284 (i) send any opinion issued by the panel to all parties by regular mail; and
7285 (ii) complete a prelitigation hearing under this section within:
7286 (A) 180 days after the filing of the request for prelitigation panel review; or
7287 (B) any longer period as agreed upon in writing by all parties to the review.
7288 (c) If the prelitigation hearing has not been completed within the time limits
7289 established in Subsection (3)(b)(ii), the claimant shall:
7290 (i) file an affidavit of merit under the provisions of Section 78B-3-423; or
7291 (ii) file an affidavit with the division within 180 days of the request for pre-litigation
7292 review, in accordance with Subsection (3)(d), alleging that the respondent has failed to
7293 reasonably cooperate in scheduling the hearing.
7294 (d) If the claimant files an affidavit under Subsection (3)(c)(ii):
7295 (i) within 15 days of the filing of the affidavit under Subsection (3)(c)(ii), the division
7296 shall determine whether either the respondent or the claimant failed to reasonably cooperate in
7297 the scheduling of a pre-litigation hearing; and
7298 (ii) (A) if the determination is that the respondent failed to reasonably cooperate in the
7299 scheduling of a hearing, and the claimant did not fail to reasonably cooperate, the division
7300 shall, issue a certificate of compliance for the claimant in accordance with Section 78B-3-418;
7301 or
7302 (B) if the division makes a determination other than the determination in Subsection
7303 (3)(d)(ii)(A), the claimant shall file an affidavit of merit in accordance with Section 78B-3-423,
7304 within 30 days of the determination of the division under this Subsection (3).
7305 (e) (i) The claimant and any respondent may agree by written stipulation that no useful
7306 purpose would be served by convening a prelitigation panel under this section.
7307 (ii) When the stipulation is filed with the division, the division shall within 10 days
7308 after receipt issue a certificate of compliance under Section 78B-3-418, as it concerns the
7309 stipulating respondent, and stating that the claimant has complied with all conditions precedent
7310 to the commencement of litigation regarding the claim.
7311 (4) The division shall provide for and appoint an appropriate panel or panels to hear
7312 complaints of medical liability and damages, made by or on behalf of any patient who is an
7313 alleged victim of medical liability. The panels are composed of:
7314 (a) one member who is a resident lawyer currently licensed and in good standing to
7315 practice law in this state and who shall serve as chairman of the panel, who is appointed by the
7316 division from among qualified individuals who have registered with the division indicating a
7317 willingness to serve as panel members, and a willingness to comply with the rules of
7318 professional conduct governing lawyers in the state, and who has completed division training
7319 regarding conduct of panel hearings;
7320 (b) (i) one [
7321 providers listed under Section 78B-3-403, who [
7322 same specialty as the proposed defendant, and who [
7323 accordance with Subsection (5); or
7324 (ii) in claims against only [
7325 employees, one member who is an individual currently serving in a [
7326 facility administration position directly related to [
7327 conduct that includes responsibility for the area of practice that is the subject of the liability
7328 claim, and who is appointed by the division; and
7329 (c) a lay panelist who is not a lawyer, doctor, hospital employee, or other health care
7330 provider, and who is a responsible citizen of the state, selected and appointed by the division
7331 from among individuals who have completed division training with respect to panel hearings.
7332 (5) (a) Each person listed as a health care provider in Section 78B-3-403 and practicing
7333 under a license issued by the state, is obligated as a condition of holding that license to
7334 participate as a member of a medical liability prelitigation panel at reasonable times, places,
7335 and intervals, upon issuance, with advance notice given in a reasonable time frame, by the
7336 division of an Order to Participate as a Medical Liability Prelitigation Panel Member.
7337 (b) A licensee may be excused from appearance and participation as a panel member
7338 upon the division finding participation by the licensee will create an unreasonable burden or
7339 hardship upon the licensee.
7340 (c) A licensee whom the division finds failed to appear and participate as a panel
7341 member when so ordered, without adequate explanation or justification and without being
7342 excused for cause by the division, may be assessed an administrative fine not to exceed $5,000.
7343 (d) A licensee whom the division finds intentionally or repeatedly failed to appear and
7344 participate as a panel member when so ordered, without adequate explanation or justification
7345 and without being excused for cause by the division, may be assessed an administrative fine not
7346 to exceed $5,000, and is guilty of unprofessional conduct.
7347 (e) All fines collected under Subsections (5)(c) and (d) shall be deposited in the
7348 Physicians Education Fund created in Section 58-67a-1.
7349 (f) The director of the division may collect a fine that is not paid by:
7350 (i) referring the matter to a collection agency; or
7351 (ii) bringing an action in the district court of the county where the person against whom
7352 the penalty is imposed resides or in the county where the office of the director is located.
7353 (g) A county attorney or the attorney general of the state shall provide legal assistance
7354 and advice to the director in an action to collect a fine.
7355 (h) A court shall award reasonable attorney fees and costs to the prevailing party in an
7356 action brought by the division to collect a fine.
7357 (6) Each person selected as a panel member shall certify, under oath, that he has no
7358 bias or conflict of interest with respect to any matter under consideration.
7359 (7) A member of the prelitigation hearing panel may not receive compensation or
7360 benefits for the member's service, but may receive per diem and travel expenses in accordance
7361 with:
7362 (a) Section 63A-3-106;
7363 (b) Section 63A-3-107; and
7364 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
7365 63A-3-107.
7366 (8) (a) In addition to the actual cost of administering the licensure of health care
7367 providers, the division may set license fees of health care providers within the limits
7368 established by law equal to their proportionate costs of administering prelitigation panels.
7369 (b) The claimant bears none of the costs of administering the prelitigation panel except
7370 under Section 78B-3-420.